HomeMy WebLinkAboutCouncil Actions 08-04-08
NASH
38170-080408
ROANOKE CITY
PUBLIC SCHOOLS
StfO!1g 5tlJder.ts. Streng S(honl5. Sti"ong CitV_
ROANOKE CITY COUNCIL
ROANOKE CITY SCHOOL BOARD
MONDAY, AUGUST 4, 2008
9:00 A.M.
ADDISON AEROSPACE MIDDLE SCHOOL, CAFETERIA
AGENDA
1. Call to Order -- Roll Call.
City Council (All present)
School Board (All present - Mr. Penn arrived late)
2. Welcome and Opening Remarks.
Mayor Bowers
Chairman Carson
3. Items for Discussion:
· Overview of the Promise of Roanoke
· Initiatives for 2008-09
4. Comments by Council Members/School Trustees.
5. Recess/Adjourn.
THE CITY COUNCIL MEETING WAS RECESSED AND RECONVENED IN ROOM 159,
FIRST FLOOR, NOEL C. TAYLOR MUNICIPAL BUILDING FOR CONSIDERATION OF
THE FOLLOWING AGENDA ITEMS:
1
A communi9ation 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.
(7-0)
A communication from Mayor David A. Bowers requesting that Council convene in a Closed
Meeting to discuss the Citizen of the Year, pursuant to Section 2.2-3711 (A)(1 0), Code of
Virginia (1950), as amended.
(7-0)
Items for discussion at the joint meeting of Council and the Roanoke Regional Airport
Commission on September 2, 2008, at 12:00 p.m. Items to be referred to the City
Manager or City Clerk.
Items listed on the 2:00 p.m. Council docket requlnng discussion/clarification and
additions/deletions to the 2:00 p.m. agenda. None.
Topics for discussion by the Mayor and Members of Council. (5 minutes)
. Council Procedures
. Council Retreat - Council selected September 30 as date for an all day retreat.
City Manager and City Clerk instructed to offer several options for location,
including Apple Ridge, if available. Suggested agenda items are to be
forwarded to the City Manager or City Clerk by August 20.
BRIEFINGS:
· Countryside Golf Course 2 hours
Without objection by the Council, the City Manager was instructed to issue a
request for proposals to operate and manage the Golf Course for at least five
years, while also negotiating with Meadowbrook Golf Group, Inc. on a possible
extension.
. Art Program
. Downtown Roanoke, Inc., Marketing Program
30 minutes
20 minutes
THE COUNCIL MEETING WAS RECESSED AND RECONVENED AT 2:00 P.M., IN THE
COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING.
2
NASH
38170-080408
ROANOKE CITY COUNCIL
REGULAR SESSION
AUGUST 4, 2008
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call.
The Invocation was delivered by Vice-Mayor Sherman P. Lea.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor David A. Bowers.
Moment of Silence in memory of Fred Hutchins, Debbie Jordan, and Larry
Foutz, father of former City Clerk Mary (Parker) Chocklett, respectively.
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, August 7 at 7:00 p.m.,
and Saturday, August 9 at 4:00 p.m. Council meetings are offered with closed
captioning for the hearing impaired.
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ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL
AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND
RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO
PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE
INTERESTED IN OBTAINING A COpy OF ANY ITEM LISTED ON THE AGENDA MAY
CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL
BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541.
THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL
AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO
ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT
WWW.ROANOKEVA.GOV.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.
4
The Mayor announced the Annual Debutantes' Ball hosted by the Altruist Club
scheduled to be held on December 29, 2008, at The Hotel Roanoke.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
The City Treasurer and staff were congratulated on their Award of Accreditation
for the year commencing July 1, 2008 and ending June 30, 2009.
· The Police Chief and officers were congratulated on their re-accreditation. The
Mayor announced that the initial accreditation and re-accreditation were given
by the Commission on Accreditation for Law Enforcement Agencies, Inc.
(CALEA), which is a national accreditation; and the Police Department has to
go through the re-accreditation process every three years.
A Proclamation declaring Tuesday, August 5, 2008 as National Night Out.
Proclamation was presented to Police Chief Joe Gaskins.
3.
CONSENT AGENDA
(APPROVED 7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO
BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED
BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE
ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND CONSIDERED SEPARATELY.
C-1 Minutes of the regular meeting of Council held on Monday April 7, 2008.
RECOMMENDED ACTION: Dispensed with the reading of the minutes and
approved as recorded.
C-2 A communication from the City Manager requesting that Council schedule a
public hearing for Monday, August 18, 2008, at 7:00 p.m., or as soon thereafter as
the matter may be heard, regarding a Deed of Reservation for Roanoke Hotel Group
on Cambria Suites site on Reserve Avenue.
RECOMMENDED ACTION: Concurred in the request.
C-3 A communication from the Director of Finance requesting that Council
schedule a public hearing for Monday, August 18, 2008, at 7:00 p.m., or as soon
thereafter as the matter may be heard, authorizing the issuance of $8.21 million
General Obligation Public Improvement Bonds for various public improvement
projects.
RECOMMENDED ACTION: Concurred in the request.
5
C-4 A communication from Dennis Cronk, Chair, City of Roanoke Economic
Development Authority, advising of the resignation of Stuart Revercomb as a member
of the Economic Development Authority, effective immediately.
RECOMMENDED ACTION: Accepted the resignation and received and
filed the communication.
C-5 Annual report of the Board of Trustees, City of Roanoke Pension Plan.
RECOMMENDED ACTION: Received and filed.
C-6 Reports of qualification of the following individuals:
Elizabeth D. Rhine as the City representative to the Roanoke Valley
Greenway Commission, to fill the unexpired term of Charles R.
Shaver ending June 30, 2010;
8. Steven Lugar as a City representative to the Regional Virginia
Alcohol Safety Action Program Policy Board, for a term of three years
ending June 30, 2011;
Carla L. Terry as a City representative to the Roanoke Valley Cable
Television Committee, for a term ending June 30,2011;
Frank J. Eastburn and Douglas C. Jackson as members of the
Roanoke Arts Commission, for terms of three years each, ending
June 30, 2011 ;
Curtis E. Mills as a member of the Personnel and Employment
Practices Commission, for a term of three years ending June 30,
2011, and
Edwin L. Noell as a member of the Board of Fire Appeals, for a term
of four years ending June 30,2012.
RECOMMENDED ACTION:_ Received and filed.
REGULAR AGENDA
4. PUBLIC HEARINGS:
a. Proposal to lease approximately 1394.42 square feet of City-owned property
located in the Roanoke City Market Building to Roger C. Lamm, III, to be used
as a restaurant for a one-year term. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 38170-080408. (7-0)
6
5. PETITIONS AND COMMUNICATIONS:
a. Presentation of the Downtown Roanoke Incorporated Annual Report.
William H. Carder, Executive Director, Spokesperson. (Sponsored by the City
Manager.)
Received and filed.
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance of the Rescue Squad Assistance Fund Grant from the
Virginia Department of Health and the Office of Emergency Medical
Services for the purchase of defibrillators.
Adopted Resolution No. 38171-080408 and Budget Ordinance No.
38172-080408. (7-0)
2. Endorsement of the TransDominion Express Passenger Rail Service
between Roanoke and Washington, D. C.; and request of the Virginia
Department of Rail and Public Transportation and Commonwealth
Transportation Board to accelerate funding for and implementation of
the Passenger Rail Service in the 2008 Statewide Rail Plan.
Adopted Resolution No. 38173-080408. (7-0)
3. Authorization for the donation of the 1941 American LaFrance Fire
Truck to the American LaFrance Fire Museum located in North
Charleston, South Carolina.
Adopted Resolution No. 38174-080408. (7-0)
4. Authorization for waiver of the City's sovereign immunity and execution
of a temporary right of entry with Norfolk Southern, in connection with
the Roanoke River Flood Reduction Project.
Adopted Resolution No. 38175-080408. (7-0)
5. Execution of Amendment No. 4 to the 2004-2005 CDBG/HOME
Agreement with the Roanoke Redevelopment and Housing Authority, in
connection with the Park Street Square Project.
Adopted Resolution No. 38176-080408. (7-0)
7
6. Amendment of the City Code with regard to a taxi cab meter price
increase to be charged for each trip, effective September 1 , 2008.
Adopted Ordinance No. 38177-080408. (7-0)
7. REPORTS OF COMMITTEES: NONE.
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.
The Council expressed concern about a communication from
Mrs. Carol R. Beaven, Diaconal Minister, The United Methodist Church in
Huntington, New York, regarding a towing incident while visiting the City
of Roanoke. The City Manager was instructed to investigate the matter
and follow up with a response.
Dr. Trinkle commented about a Parking Roundtable Comprehensive
Management Study, and requested that the matter be referred to the City
Manager upon receipt of the final report.
Ms. Price commented on the Emerging Leaders Workshop which was
hosted by the City of Roanoke on August 3, 2008, at the Hotel Roanoke
and Conference Center. She emphasized that over 100 Africa-American
students were in attendance.
Mr. Rosen announced that a bake sale was being held by the Southeast
Action Forum on Tuesday, August 5 in recognition of National Night Out.
He added that activities were also being planned by the Wildwood Civic
League.
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.
8
Robert Gravely, 3360 Hershberger Road, N. W., complained about social
injustices in the City, primarily racial profiling in the Landsdowne Public
Housing complex. The City Manager was instructed to investigate the matter
and report findings to the Council and Mr. Gravely.
Helen Davis and Evelyn Bethel, respectively, 35 Patton Avenue, N. E.
12. CITY MANAGER COMMENTS:
The City Manager pointed out that the Parks and Recreation Department was
able to meet 153 out of 155 standards for national accreditation. The
Department will be notified of the official results on October 14 in Baltimore,
Maryland. She shared expression of appreciation from Officer Bryan Lawrence
with regard to the donations received in his honor and commented that the City
was blessed to have him as a City employee.
The Council meeting was declared in recess at 3:30 p.m., and reconvened at
4:35 p.m.
CERTIFICATION OF CLOSED MEETING. (7 - 0)
The City Clerk was instructed to advertise for nominations for the 2008 Citizen
of the Year.
The City Clerk was instructed to schedule, at a future date, a joint meeting of
the Council and the Roanoke Redevelopment and Housing Authority to discuss
matters of mutual interest and concern.
The following applicants were accorded the public interview during the
2:00 p.m., Council meeting on September 2: Jamie L. Bailey, Adam W. Boitnott,
John Cook, Mark E. Petersen, Anita Powell, and Duane R. Smith. Selection of
candidates to fill the three upcoming vacancies, for three-year terms, ending
August 31, 2011 will be announced at the September 15 Council meeting.
Appointment of Council Member Gwen Mason to replace former Council
Member Beverly T. Fitzpatrick, Jr., as the elected official representative for the
City to the Virginia's First Cities Coalition.
Appointment ()f Council Member Anita Price as an Alternate representative to
the Virginia's First Regional Industrial Facility Authority for a term ending
June 30, 2012.
9
Charlene V. Graves was appointed to replace Nelett H. Lor as a member of the
Roanoke Arts Commission for a term ending June 30, 2011.
Valerie L. Garner was appointed to replace Michael Wray as a ~ember of the
Roanoke Neighborhood Advocates for a term ending June 30, 2011.
The City Attorney was instructed to prepare the proper measure abolishing the
War Memorial Committee.
13. ADJOURN - 4:35 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
DAVIDA. BOWERS
Mayor
August 4,2008
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,
:sJ)~~
David A. Bowers
Mayor
DAB:crt
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.w., SUITE 452
ROANOKE, VIRGlNIA24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
DAVID A. BOWERS
Mayor
August 4, 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 the Citizen of the Year, pursuant to Section
2.2-3711 (A)(10), Code of Virginia (1950), as amended.
Sincerely,
:sJ)~OWj~
David A. Bowers
Mayor
DAB:crt
DAVID A. BOWERS
Attorney at Law
335 W. CHURCH AVENUE
ROANOKE. VIRGINIA 24016-5007
. --.r"^-;:'..,~--~~-".,.......,
June 26, 2008
CITY GLERK :~)E; :JL~H 27 Ht~ 11 ~21
Honorable Gwendolyn W. Mason
3841 Bosworth Drive, SW.
Roanoke, VA 24014
Honorable Alvin L. Nash
4415 Renfro Blvd.
Roanoke, VA 24017
Honorable David B. Trinkle
2855 South Jefferson Street
Roanoke, VA 24014
Anita J. Price, Council Member-Elect
3101 Willow Road, N.W.
Roanoke, VA 24017
Honorable Sherman P. Lea
1638 Lonna Drive, N.W.
Roanoke, VA 24019
Court G. Rosen, Council Member-Elect
3326 Allendale Street, S.W.
Roanoke, VA 24014
RE:, Listening to Roanoke's people
Ladies and Gentlemen:
We have a lot to do, and already I'm convinced that
the public will be watching us to make sure that we get much
done for them. There are many "big ticket" items on our agenda,
including the amphitheatre, Mill Mountain, the City Market, the
schools, public safety departments and other major issues facing
our city.
In addition to tackling these substantive issues, I
believe it's also important for us to address the concerns of
the public about "how" we conduct the business of our local
democracy. Time and again, out on the campaign trail~this
spring-,-- I heard citizens' concerns about seC--F€t meetings, too
many closed-door sessions, and inability to address council in a
manner in which the public felt that they were being heard. Our
constant challenge is to balance the decision making process we
must face between our subjective perception of what the public
needs, and our objective perception of what the public wants.
You've probably heard me say before that we can have all the
progress needed for our city, but if we fail to garner the
support of our public for that progress( it will not be
successfully accepted by the people of Roanoke.
J
, ,
,
City Council Members
June 26, 2008
Page 2
Thus, I ask that you consider some changes to our
democratic process by considering the following suggestions:
I. PUBLIC MEETINGS OF THE COUNCIL:
1. SPEAKER'S TIME LIMITS: The current limit is
three minutes and previously the time allotted
for speakers was five minutes. I think 5
minutes was fine, and most people spoke within
the time limit. Three minutes is just not
enough time. I'd like to get rid of the green
light, yellow light, red light and go back to
where the Mayor, with a stopwatch, gives the
speaker notice of 30 seconds remaining on
their allotted time, and then is cordial and
liberal in allowing the speaker to wrap up
their remarks; additionally, if the speaker is
not through speaking, then that speaker should
be permitted to come back again at the end of
other speakers on that particular topic for
about a 2 minute summation.
2. PRE-REGISTERING BEFORE MEETINGS: I see no
democratic reason for speakers at their local
City Council meeting to have to call in and
pre-register prior to the start of the
meeting; I understand that in the past, some
people just learned of an issue coming up on
Council and took time away from their busy
schedule to come to Council, only to learn
that they were not pre-registered and would
not be heard; this is preposterous~ we are
not the United States Senate; I am in favor
of persons identifying~hemselves by name and
address before they speak, but I don't see
why this can't simply be done from the
podium; of course, anyone who wants to speak
would be called on after those who have
signed up to speak on a particular item are
called; my position is that we, the Council,
should be very liberal in allowing our
citizens to address us. If we're not here to
hear Roanoke's people, then what are we doing
here?
...~-,- .':- ... r~--'~ .~:~~~~~,-~
..I
City Council Members
June 26, 2008
Page 3
3. REQUESTS BY COUNCIL MEMBERS: I am opposed to
the rule that two members of Council are
required to place an item on the agenda; I
believe each of us have a solemn obligation,
owed only to the citizens of Roanoke, to
bring matters forward on the agenda of our
city; no matter how ridiculous or frivolous
an item may be, I believe each Member of
Council has the right to bring an item to the
agenda, and I will oppose any effort to limit
that Council Member's ability to do so.
a. COUNCIL REQUESTS: Likewise, I believe
any member of Council can bring an
issue up and make a request to the
administration; similarly, no matter
how ridiculous or frivolous I might
think that Council Member's request
for information may be, or even if I
oppose that Council Member's motive or
proposal, I will nonetheless support
their right to request that
information; this is nothing more than
the "Golden Rule" in that we should
"Do unto others as we would have
others to do unto us"; of course, any
information provided by the
administration at the request of one
Member of Council shall obviously be
disseminated to all Members. of Council
at the same time.
4. BRIEFINGS:
a. CITY MANAGER BRIEFINGS: I don't
believe there is any time limit on the
City Manager's briefings, nor do I
think there should be; sometimes they
take just a short time, and other
issues require a longer presentation,
to be set by the City Manager.
b. BRIEFINGS WITH REGARDS TO OTHERS:
When citizens' groups or neighborhood
groups want to brief Council on a
Ie
City Council Members
June 26, 2008
Page 4
matter, I think we should allow them
15 minutes.
c. BRIEFING MATERIALS: I have heard from
several members of Council who have
expressed the desire to have all
documents from the City Manager
presented on Thursday evenings prior
to the Monday morning briefings; this
is the way we dealt with matters in
the past, and I believe this would
give the members of Council an
opportunity to look over the documents
prior to the Monday meeting and have
an opportunity to call the City
Manager about certain items prior to
the briefings.
d. PODIUM: Let's move the podium out
from in front of the Council; frankly,
I don't think I can see around it. I
understand there are some speakers at
the podium who will seek to "rally"
the audience. So what! That's what
democracy is all about. If people
want to "play to the camera", then the
public will sense that; my main
objection is that I just don't think
there should be anything standing
between the people in attendance and
their view of all the Counc~l. 1
e. NEIGHBORHOOD MEETINGS: I hope we can
resume having at least 2 regular night
meetings of Council each year in
different neighborhoods of the City.
II. PARKING LOT: I would ask that the members of
Council permit re-designation of the Council
p~rking lot as public parking for 15-20 minutes
on the days that we are not in session. I see
no reason why we should have an empty parking
lot on business days when citizens could easily
park and come into City Hall to take c&re of
their city business.
.1
c
" l
City Council Members
June 26, 2008
Page 5
III.ACCESS BY THE DISABILED:
a. I would ask that representatives of the
Mayor's Committee for the Disabled visit with
the City Manager and me to address any
concerns which they might have regarding
parking and access by the disabled to our
City Hall and Courthouse buildings, or access
to our Council meetings.
b. With regards to the Mayor's parking space,
which I won't use very' often because my law
office is close by, I would ask that the
space be designated as another space for the
disabled, when not in use by the Mayor.
IV. CABLE TELEVISION ACCESS: Several citizens have
approached me indicating that the cable
television coverage of our Roanoke City Council
meetings has been cut back. I don't know
whether this is true or not, but I would ask
that this be referred to the City Manager or the
cable television committee to see if additional
access and frequency for city council meetings,
members and citizens can be allotted. I don't
believe there has been any expansion or
improvement to cable access in recent years.
V. EXECUTIVE SESSIONS: Out on the campaign trail
this spring, I also heard many concerns about
executive sessions; I don't have all the answers
and I would welcome any other suggestions; I do
understand the importance of executive sessions
with regard to sensitive_personnel, legal or
real estate matters, as defined by state law; I
would make the following suggestions:
a. Executive sessions should be numbered
beginning in January of each year (09-1, 09-
2, 09-3 etc.); with the start of our Council
term on July 1, 2008, I would ask that
executive sessions be numbered through the
end of the year so th,at Council and our
citizens will have an understanding as to how
many executive sessions we in fact conduct.
.'/.
f\
City Council Members
June 26, 2008
Page 6
b. I understand that the notices for executive
sessions meet minimum legal requirements of
state law; however, in the interest of "open
government", I would ask the City Attorney to
draft notices for publication by the City
Clerk in our agenda, in a way that will
provide our citizens with as much information
as legally possible to convene an executive
session, not with.as little information as is
necessary.
VI. PERSONAL ATTACKS: I will not tolerate personal
attacks on Council Members or government
administrators during Council meetings by
anyone. It's okay to respectfully disagree, and
to say so. But I do not think that personal
attacks are helpful. People who want to make
personal comments about any Council Member or
administrator may do so in another forum. This
in no way will limit any citizen's right to come
forward and complain or criticize. I just don't
want it to be personal. There's only one
exception: me. If anyone wants to call me a
"guttersnipe," or any other name in the book,
than I usually would allow that!
Above all, we must be good listeners, and our
government should be open to the people I hope that some of
these suggestions will be favorably considered by you, but I'm
anxious to hear your suggestions or concerns about the need for
changing our procedures.
Please find attached hereto correspondence dated
February 2, 2001 along with minutes .of a meeting on that date
regarding Council's previous position on some of these matters.
I submit to you that the times require some changes, both
symbolically and procedurally, in order to restore confidence
with our citizens that they are being heard in their local
democracy.
J
city Council Members
June 26, 2008
Page 7
I hope to have this letter transposed to Mayor's
Office letterhead on July 1 and would thereafter ask that it be
set on the agenda for discussion by the Members of Council at
our meeting on July 7.
Thank you for your consideration.
Sincerely,
~
David A. Bowers
Mayor-Elect
DAB~me
cc:Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Darlene L. Burcham, City Manager
Encl.
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RALPH K. SMITH
M.yor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W.. Room 456
Roanoke, Virginia2401I-1536
Telephone: (540) ~S3-2541
Fax: (540) 853-1145
February 5, 2001
Council Members:
William D. Beslpilch
William H. Carder
C. Nelson Harris
W Alvin Hudson. Jr.
William While. Sr.
Linda F Wyall .
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
As a part of our Council retreat in July 2000, Council concurred, in concept, with certain
"House Rules/Code of Conduct" and "Proposed Protocols, Guidelines for Roanoke City
Council. If A committee composed of Mayor Smith, Council Member Harris, the City .,
Manager and the City Clerk was appointed to refine the documents for review by Council.
For your further review, I am attaching copy of the documents that were transmitted to
Council last August.
As a part of our February 5 Council meeting, under item 9.a. Inquiries and/or Comments
by the Mayor and Members of Council. I would like to discuss the question of either
adopting the documents in their present form, or referring them back to the committee for
further refinement, following appropriate comment by the Members of Council.
With kindest regards, I am
Sincerely,
~~a~;re
Council Member
LFW:MFP:sm
Attachment
.'
pc: Darlene L. Burcham, City Manager
/\
)
HOUSE RULES/CODE OF CONDUCT
Roanoke City Council
Maintain confidentiality - the consequences of failing to maintain confidentiality following
a Closed Meeting could result in public censure.
Focus on issues, with no personal attacks or stereotyping of the person.
Decide and move on to the next issue, with the understanding that four votes decide an
issue.
Agree to disagree, but look for agreement first.
Focus on what is "best" for Roanoke and leave partisanship behind.
Be brief and concise in comments and avoid beating the "issue".
Come to the City Council meeting prepared by studying the Council agenda and asking
questions prior to the Council meeting.
Listen before judging and understand the other person's point of view.
Treat all persons with respect, courtesy and fairness.
Share information and tark with all Members of Council.
Adopted: February 5.2001
.~:If."""
i":.
~i:
Excerpt from the minutes of the regular me.e~ing of the Council of the City of
Roanoke held on Monday, February 5, 2001~" ". < ,
527
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTION:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAOR AND MEMBERS OF COUNCIL:
REFUSE COLLECTION,..COMPLAINTS: Vice-Mayor Carder expressed concern
with regard to the proliferation of paper boxes in the downtown area, specifically
in the HistoriC District, and requested that the matter be referred to the City
'Manager and the City Attorney for review and report to Council.
CITY PROPERTY: Vice-Mayor Carder requested that an inventory be prepared
listing all property owned by the City of Roanoke in the Roanoke Valley, including
the location and proposed use of the property.
L
VIRGINIA MUNICIPAL LEAGUE-UTILITIES-ROANOKE GAS COMPANY: Council
Member Bestpitch referred. to'a briefing that was held during the 2001 Virginia'
Municipal League Legislative Day on Thursday, February 1, 2001, in Richmond,
Virginia, with regard to 'natural gas prices. He advised that the gas companies
have indicated that they will work with citizens to establish a budget payment plan,
g'as companies are suspending any disconnection of gas at this time due to the
severe winter' season, and if any citizen is experiencing financial difficulty in
paying their gas bill, they are em:ouraged to contact their local gas company to
inquire about a budget payment plan.
CITY COUNCIL: Council Member Wyatt presented the following House
Rules/Code of Conduct for Council: '
Maintain confidentiality. - the consequences of failing to maintain
confidentiality following a Closed Meeting could result in public censure.
528
Focus on issues, with no personal attacks or stereotyping of the person.
Decide and move on to the next issue, with the understanding that four
votes decide an issue.
Agree to disagree, but look for agreement first.
Focus on what is "best" for Roanoke and leave partisanship behind.
Be brief and concise in comments and avoid beating the "issue".
Come to the City Council meeting prepared by studying the Council agenda
and asking questions prior to the Council meeting.
Listen before judging and understand the other person's point of view.
Treat all persons with respect, courtesy and fairness.
Share information and talk with illl Members of Council.
Ms. Wyatt moved that Council adopt the above referenced House Rules/Code
of Conduct. The motion was seconded by Mr. Carder.
Mr. Hudson expressed concern with regard to adopting the document. He
stated that the citizens of Roanoke elected him to the position of Council Member,
therefore, the citizens will let their voices be heard if they have concerns about the
manner in which he conducts himself as Council Member.
Mr. Bestpitch suggested an editorial change to the document to delete the
word "partisanism" and insert the word "partisanship".
Ms. Wyatt and Mr. Carder accepted the editorial change as a fdendly
amendment to the motion.
Mr. White advised that for the ten years he has served on the Roanoke City
Council, the .contents of the document proposed by Ms. Wyatt are the rules that
the Members of Council have abided by, therefore, he sees no need for the Council
to adopt a formal wiitten document.
o
l
I'
t .'
529
Vice-Mayor Carder advised that Council discussed its rules of conduct at the
Council's Planning Retreat which was held in July 2000 and agreed to certain
professional behavior that all Members of Council will honor when transacting the
business of the City.
Following further discussion, the motion, as amended, was adopted by the
following vote:
AYES: Council Members Carder, Harris, Wyatt, Bestpitch and Mayor
Smith------------------------------~------------------------------5. '
NAYS: Council Members Hudson and White----------'------------------2.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised
that City Council sets this time as a priority for citizens to be heard, and
matters requiring referral to the City Manager will be referred for any necessary
and appropriate response, recommendation or report to Council.
)
L
COMMITTEES-COMMUNITY PLANNINC: Ms. He~en E. Davis, 35 Patton
. Avenue, N. W., spoke in support of the reappointment of Ms. Barbara N. Duerk as a
member of the City Planning Commission.. She advised that. Ms. Duerk is
articulate, courteous, respectful, strong, dedicated, energetic and an honest
business woman. She stated that Mr. Duerk is a true advocate for Roanoke's bike
plan and the Roanoke Valley greenways, and requested that Council reconsider her
reappointment for another three year term on the City Planning Commission.
Ms. Fredrika Monk, 3343 Pittsfield Circle, N. W., spoke in support of the
reappointment of Ms. Duerk to the City Planning Commission. She referred to Ms.
Duerk's community pride and knowledge of the Roanoke area which is an asset to
any person who serves on the City Planning Commission.
Ms. Pernella C. Wilson, 3045 Willow Road,. N.W., sp'oke in support of the
reappointment of Ms. Duerk to the City Planning Commission. She- stated that as
. an official of the Southern Christian Leadership Conference (SCLC), she received
approximately 60 telephone calls from citizens expressing a concern over the
decision of Council not to reappoint Ms. Duerk and asked that Council give further
consideration to her reappointment.
5.~.
<mrnash@cox.net>
07/07/200808:30 AM
To Stephanie.Moon@roanokeva.gov
ee
bee
Subject Response to Mayor memo
FYI, see attached
> >
> > Stephanie M. Moon, CMC
> > City Clerk
> > (540) 853-2541 (Work)
> > (540) 853-1145 (Fax)
> > stephanie.moon@roanokeva.gov
> >
>
Response to Mayor. docx
r \
Response to Mayor
1. Speaker's Time limits: the current time limit for a person's addressing Council is
five minutes, if there are more than 5 persons speaking on the same issue the
time is reduced to 3 minutes. I am in favor of allowing all speakers five minutes
to speak on any issue I think we should drop the "subject" of their comments and
persons address us in the order that they sign up. I think the light system is fair to
all but perhaps at the 30 second light the Mayor can cordially remind the speaker
to wrap up. I don't support anyone coming back for a 2 minute summation. I
would rather allow persons to take whatever time they need which would not be
fair to other speakers or the democratic process.
2. Pre-Registration before meetings: I think pre-registration is a good idea; it
enhances the options persons have to communicate their intention to speak and
can be in the form of calling the Clerk's office, e-mail the request or mail in the
request. Pre-registration saves time and insures the speaker that their request to
speak is secure. I think pre-registration should remain an option. Pre-registration
is an option but not mandatory, persons are allowed to sign up at the front
entrance as they come in on a first come first serve basis. They sign up until
council starts the meeting. If someone comes late they have been allowed to
speak at the end of the meeting time allowed for speakers. I think we have a fair
process but as a routine I think the Mayor can ask if there is anyone who would
like to speak who we don't have a request for and allow them five minutes. One
more issue with speakers, I believe it would be great if we heard speakers early
in the agenda, for people to come down and wait for an hours or more to speak is
not being as considerate as we could be. I propose that we move the hearing of
citizens to the front of the agenda perhaps right after the consent agenda is voted
upon.
3. Agenda requests by Council members: I am in support of anyone member of
Council being able to place an item on the agenda. We should make sure that
before the item gets voted on that it meets all the legal criteria and due process.
The other part of that should be that the Council member provides some type of
briefing to council prior to the meeting perhaps to be included in the Thursday
package or at least a direct e-mail to council member, and the administration.
4. Briefings: We don't place a time limit on the City manager briefings and I
support all other briefings to be 15 minutes unless we get a special request for
more time by the presenter, a member of the Councilor the Administration.
5. Briefing materials: I concur that all briefing materials should be gotten to us on
the Thursday before Monday's meetings and the Tuesday before any Thursday
......~.
meetings. I would add that this request or requirement be extended to all council
appointed persons not just the City Manager.
6. Podium: I support moving the podium either right next to the City manager or
next to the City Attorney. 85% of the time it is not in use. If we moved the
speaker's time up in the agenda, then we could move the Podium out of the way
once speakers are finished.
7. Neighborhood meetings: I think the school system does a good job rotating
their meetings from school to school and the school administration bldg. Because
of the wireless technology, I suggest we have on meeting a year at each of the
two high schools, they are designed to accommodate a City Council meeting,
convenient to the communities they support and solves the problem with parking,
security, and accessibility. RAMS is also a good location.
8. Council parking lot: the parking lot is also used for deliveries, the police
department, and drop off and pick up by employees, the maint and support Staff
Park in the area and it is used as a turn around, trying to enforce 10 to 15
minutes will only result in more people getting tickets. I am in favor of my spot
being open parking after five and on weekends and used for handicap parking
when I am not scheduled to use it.
9. Access by the Disabled: I concur with the Mayor's points in the area.
10. Cable TV access: I am okay with the Mayor's suggestion I am not aware of any
cable cut back.
11. Executive sessions: I am not in support of executive sessions, the only time we
should have one is after we vote knowing beforehand that the session is legal,
absolutely necessary and protects the interest of the public or the rights of an
individual. If we follow strict criteria for closed meetings I don't think it matters
how many we have but we could number them for some reason. I think the clerk
can tell us today how many closed meetings we have had because they are
public record. At some point the results of the closed session should be revealed
to the public in some form, for example the purchase of Countryside is the result
of closed sessions gone too far without any public input or without any process to
inform the public of what we are doing. Council should be limited in what can be
done in closed session and we should figure out how to inform people about the
session without compromising trade secretes or personal issues. Perhaps it
would be helpful if we knew the rules about executive sessions who can call, etc.
I am okay with informing the public as soon as possible about any closed
sessions on the agenda. I need more on this issue.
12. Personal attacks: I appreciate the Mayor's effort to stop personal attacks, a
more open government allows citizens to come out and speak their mind. Due to
cultural differences a complaint and disagreement could seem and will
appear to be personal. The interpretation of personal attacks should not be
placed on one person's shoulder. A more open government means people will
speak their mind and tell the truth as they see it. I think we should limit and focus
only on threats to Council members and administration. A threat is easy to
interpret and monitor. For example a "guttersnipe" may be personal, may be an
opinion, may be true, but it is not a threat, thus should be allowed.
In The short time I have been on City Council, hundreds of people have
suggested that a restoration of City Government is what they want, this does not
stem from the recent election but from decades of confusion and mistrust in all
Councils or maybe "government". I think we need more than symbolic and
procedural changes. I think we need to change the heart and soul of local
government. Whether you use a time clock or a stop watch, the need or desire to
control people is the issue. I think every member of City Council should grasp
this opportunity to look at all the things we do and see if change is needed. There
is an orientation in Richmond for new Council members, Price, Rosen the City
clerk and I will attend; I think the orientation may be helpful in addressing some
of these situations. We might want to look at some "best practices" around the
state to see how Councils manage open government.
..
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CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
WILLIAM M. HACKWORTH
CITY ATIORNEY
TELEPHONE: 540-853-2431
FAX: 540-853-1221
EMAIL: cityatty@roanokeva.gov
TIMOTHY R. SPENCER
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
HEATHER P. FERGUSON
ASSISTANT CITY ATIORNEYS
July 14, 2008
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Council Procedures
Dear Mayor Bowers and Members of Council:
This is in response to Council's request that 1 comment on the proposals set out in
Mayor Bowers' letter to Council of June 26, 2008, included in Council's July 7 agenda
materials proposing certain changes to Council meeting procedures. It appears that only one
or two of the proposals would require amending Council's rules of procedure as set out in
Sec. 2-15 of the City Code, as most of the procedures discussed in the Mayor's letter were
implemented at one time or another by motion or consensus of Council, rather than by
resolution or ordinance. (I have attached a copy of Sec. 2-15 of the City Code for your
reference.) All of the Mayor's proposals are ultimately policy issues for Council, so 1 make
no particular recommendations with regards to them.
By way of background information, 1 have attached a copy of a short article 1
prepared for the Spring 2008 issue of the Journal of Local Government Law entitled
Citizens' Comments During Public Meetings. It discusses briefly the issue of limitations on
citizens' speech during public meetings, time limits, limits on the number of times citizens
may speak, and regulating the behavior of speakers. 1 have also attached as background
information the results of a survey that a colleague of mine did in 1994 on how different
localities handle citizen comments during their meetings. This survey is undoubtedly
outdated, but 1 think it is useful to illustrate how wide a variety there is of procedural rules
and practices that have been adopted on this topic.
As to extending the time limits for citizen comments, as proposed by the Mayor, this
is certainly permissible. Except for public hearings, Council does not have to permit citizen
comment at an during its meetings, but this is traditional, and Council's Rules of Procedure
(Rules 7 and 8A, Sec. 2-15 (f) of the City Code), provide for Council's agenda to have a
time for "hearings of citizens on public matters." Rule 7 provides that "[t]he presiding
officer may place reasonable time limits on speakers during such time." Rule 8A provides
that "City Council sets aside a portion of its meeting time to hear citizens on public matters
and invites and encourages citizens to address Council. Citizens who wish to address
Council are requested to complete a "request to speak" form, provided by the city clerk, and
shall conform to such guidelines for speakers as may be promulgated from time to time by
CounciL" (Council's rules may be altered or suspended at any time by a vote of at least five
of the members of Council. Council Rule 12.)
As to the Mayor's comments on Council members placing items on Council's
agenda, Council's , Rule 7 provides in applicable part as follows:
"Rule 7. Order of business; hearing of citizens in the ordinary transaction of
business the following order shall be observed:
(5) Petitions and communications (presentations on behalf of groups or
organizations permitted during this time, if approved by two (2)
members of council or scheduled by the city manager)."
Subsection (5) of this Rule only pertains to petitions and presentations on behalf of
groups or organizations; it does not apply to or limit the ability of members of Council to
bring up matters under Section lO(a), "Motions and Miscellaneous Business, Inquiries
and/or comments by the Mayor and members of City Council," of the agenda, during which
such portion of Council's meetings the Mayor and members of Council traditionally bring up
items for discussion or consideration or referral to the City Manager. If Council desires to
amend Rule 7, it will be necessary to do this by ordinance, since it is set out in the City
Code. The City Clerk looked into the matter, and is not aware of any specific time limit on
such presentations that has been set by Council.
As to holding meetings of Council from time to time at locations other than those
designated in the resolution adopted by Council at its organizational meeting July 7 of this
year, the location of any future meeting can be changed by Council by following the
procedure set out in Rule 1 (c) of Council, which provides as follows:
"(c) If the city council subsequently prescribes any public place other than
the initial public meeting place, or any day or time other than that initially
established, as a meeting day, place or time, the city council shall pass a
resolution as to such future meeting day, place or time. The city council
shall cause a copy of such resolution to be posted on the door of the Council
Chamber and inserted in a newspaper having a general circulation in the city
at least seven (7) days prior to the first such meeting at such other day, place
or time."
As to closed meetings, as a practical matter, the General Assembly in recent years
has curtailed the types of subjects that may be discussed by local governing bodies in such
meetings. Nothing in the law requires that any matter be discussed in a closed meeting, as
opposed to an open meeting; this is discretionary with City Council, which must
affirmatively vote to conduct a closed meeting on each and every matter that it discusses in
such a meeting. Of course, there are matters which, by their nature, should be discussed in
closed meetings, and that is a policy issue that must be determined by Council on a case-by-
case basis.
K:\wmh\Letters to counci1\procedural questions by mayor bowers.doc
As to the Mayor's proposal that Council not permit "personal attacks on Council
Members or government administrators during Council meetings," Council may adopt and
enforce such a rule. In May of this year (after I wrote the attached Journal article), a panel
of the United States Court of Appeals for the Fourth Circuit decided the case of Steinberg v.
Chesterfield County Planning Commission. et al. (No. 07-1181, May 29,2008), in which it
upheld a planning commission's policy that prohibited speakers appearing before it from
making. "personal attacks" on others. In upholding this policy, the court concluded "that a
content-neutral policy against personal attacks is not facially unconstitutional insofar as it is
adopted and employed to serve the legitimate public interest in a limited public forum of
decorum and order. Such a policy is deemed content-neutral when it 'serves purposes
unrelated to the content of the expression. . . even if it has an incidental effect on some
speakers or messages but not others. III
I would note that the "House Rules/Rules of Conduct" adopted by Council by motion
on February 5, 2001, and attached to the Mayor's letter, are still in effect and have not been
repealed by Council. According to the City Clerk, agenda materials have been distributed to
Council members on the Thursday prior to Council meetings, as requested by the Mayor.
Please let me know if I may be of any further assistance on this matter. With kindest
personal regards, I am
Sincerely yours,
8~~
William M. Hackworth
City Attorney
WMH/lsc
Enclosures
c: Darlene L. Burcham, City Manager
Stephanie M. Moon, City Clerk
K:\wmh\Letters to council\procedural questions by mayor bowers.doc
Sec. 2-15. Rules of procedure.
Pursuant to section 8 ofthe Charter, providing for the determination of its rules by the council, the
following rules set out in this section are adopted.
Rule 1. Regular meetings; organizational meeting; amendments to meeting schedule; continuance of
meeting due to emergency; and adjournment of meetings.
(a) Council shall hold regular meetings on such days as may be prescribed by resolution of the
council adopted at its organizational meeting pursuant to subsection (b) hereof. Should the day
established by city council as the regular meeting day fall on any legal holiday of the city, the meeting
shall be held on the next following regular business day, without action of any kind by the city council.
Meetings of city council shall be automatically adjourned at 11 :00 p.m., unless a motion setting a new
time for adjournment be made, seconded and unanimously adopted. The regular meetings of council
shall be held in the Council Chambers, Room 450 of the municipal building in the city, unless
otherwise provided by resolution of council.
(b) The fIrst meeting of city council in the month of July shall be referred to as the organizational
meeting. The days, times and places of regular meetings to be held during the ensuing months shall be
established by resolution at the organizational meeting.
(c) If the city council subsequently prescribes any public place other than the initial public meeting
place, or any day or time other than that initially established, as a meeting day, place or time, the city
council shall pass a resolution as to such future meeting day, place or time. The city council shall cause
a copy of such resolution to be posted on the door of the Council Chamber and inserted in a newspaper
having a general circulation in the city at least seven (7) days prior to the fIrst such meeting at such
other day, place or time.
(d) A regular meeting of city council may be continued if the mayor, or vice-mayor if the mayor is
unable to act, finds and declares that weather or other conditions are such that it is hazardous for
members to attend the regular meeting. Such fIndings shall be communicated to the members and the
media as promptly as possible. All hearings and other matters previously advertised shall be conducted
at the continued meeting, and no further advertisement shall be required. Any such continuance
declared in the discretion of the mayor or vice-mayor shall be not beyond the time fixed for the next
regular meeting.
(e) Regular meetings of city council, without further public notice, may be adjourned from day to
day or from time to time or from place to place, not beyond the time fixed for the next regular meeting,
until the business before the governing body is completed.
Charter references: Council to meet at such time as prescribed by ordinance or resolution, but at least
twice each month, ~ 10.
(f) As long as council conducts at least two (2) regular meetings each month, as required by
section 10 of the Charter, ifthe mayor determines that there is no business to be conducted at a
scheduled meeting, the mayor may cancel such meeting, in which event the city clerk shall give such
notice as is practical of such cancellation to city council, the public, and the news media.
Rule 2. Call and notice of special meetings. Special meetings of the council may be held pursuant to
call and notice thereof meeting the requirements of section 10 of the Charter.
Rule 3. Limitation on business at special meetings. At any special meeting of the council, only such
business may be transacted or such legislation enacted as may be mentioned in the call for such
meeting or as incident thereto.
Document2
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Rule 4. General duties of mayor as chairman. The mayor shall be the chairman of meetings of the
council, and shall preserve order and decorum during sessions, decide all points of order, subject to
appeal to the council, and appoint such committees as may be ordered by the council and not otherwise
appointed.
Rule 5. Vice-mayor ~o preside in mayor's absence; duty of members to vote. In the absence of the
mayor, the vice-mayor shall call the council to order and preside over its meetings. Every member
present, when a question is put, shall vote, unless the council, for good and sufficient reasons, excuses
him from so d<>ing or such member is prohibited from voting by the provisions ofthe Virginia
Conflicts of Interest Act.
Rule 6. Aye and nay vote. An "aye" and "nay" vote shall be taken for the passage or adoption of all
ordinances and resolutions and may be taken upon any other matter when required by one (1) member
of the council, and when so taken, shall be entered upon the journal.
Rule 7. Order of business; hearing of citizens. In the ordinary transaction of business the following
order shall be observed:
(1) Roll call and call to order.
(2) Presentations and acknowledgments by council.
(3) Consent agenda.
(4) Advertised public hearings, if any (such hearings shall be scheduled for the second meeting
each month, unless otherwise authorized by council).
(5) Petitions and communications (presentations on behalf of groups or organizations permitted
during this time, if approved by two (2) members of council or scheduled by the city manager).
(6) Reports of city officers.
(7) Reports of committees.
(8) Unfinished business.
(9) Introduction and consideration of ordinances and resolutions.
(10) Motions and miscellaneous business.
(11) Hearing of citizens on public matters. The presiding officer may place reasonable time limits
on speakers during such time.
(12) Comments of city manager.
Rule 7 A. Consent agenda. Those items required to be considered by the council and considered to be
routine, noncontroversial and requiring no discussion shall be placed on the consent agenda by the city
clerk. The clerk shall note the recommended action for each item. The consent agenda shall include,
among other items, the following:
(1) Approval of minutes.
(2) Setting of matters for public hearing.
(3) Letters of resignation and communications advising of the qualification of council appointees.
(4) Resolutions appointing viewers to view streets and alleys petitioned for vacation, resolutions
fixing dates for special and regular meetings of council and resolutions naming streets and parks.
(5) Other items considered by the clerk to meet the standard hereinabove set forth.
Any items placed on the consent agenda by the clerk shall be removed upon oral request of any
member of council, the city manager or other council-appointed officer made prior to consideration of
the consent agenda. The remaining items on the consent agenda and the clerk's recommended action
shall then be approved by one (1) motion followed by a roll call vote.
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Rule 8. Petitions, communications and applications. All petitions, communication or applications to the
city council at its official meetings shall be in writing.
Rule 8A. Hearing of citizens. City council sets aside a portion of its meeting time to hear citizens on
public matters and invites and encourages citizens to address council. Citizens who wish to address
council are requested, to complete a "request to speak" form, provided by the city clerk, and shall
conform to such guidelines for speakers as may be promulgated from time to time by council.
Rule 9. Introduction of ordinance. Every ordinance shall be introduced by a member of the council.
Rule 10. Reconsideration of questions. When a question has been taken, it shall be in order for any
member voting with the majority to move a reconsideration thereof at the same or a succeeding
meeting, but no question shall be reconsidered a second time, without the consent of five (5) members
of the council.
Rule 11. Robert's Rules of Order. The rules of parliamentary practice, as comprised in "Robert's Rules
of Order," shall govern the city council in all cases to which they are applicable, providing they are not
in conflict with these rules or the laws of this state.
Rule 12. Alteration, amendment and suspension of rules. These rules may be altered or amended at any
regular meeting by a vote of at least five (5) members of the council. Any of these rules may be
suspended for the time being by a vote of at least five (5) members.
(Code 1956, Tit. II, Ch. 4, ~ 2; Ord. No. 23075, 7-26-76; Ord. No. 26526, ~ 1,5-23-83; Ord. No.
26665, ~ 1,9-6-83; Ord. No. 32003, ~ 1,5-23-94; Ord. No. 32356, ~ 1, 1-23-95; Ord. No. 32774, ~ 1,
12-11-95; Ord. No. 33447, ~ 1,6-16-97; Ord. No. 33448, ~ 1,6-16-97; Ord. No. 35602, ~ 1, 10-18-01;
Ord. No. 35907, ~ 1,6-17-02; Ord. No. 37606, ~ 1, 11-6-06)
Charter references: Council quorum, ~ 8; authority of council to punish its members for misconduct
and to compel attendance of members, ~ 8; council meetings to be public, ~ 10; council member's seat
to be vacated for unexcused absence from five (5) consecutive meetings, ~ 11.
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Journal OF Local Government Law
.
Citizens' Comments
During Public
Meetings
William M. Hackworth
Parliamentary issues often
arise in connection with citi-
zens appearing before gov-
ernmg and other governmental
bodies wishing to "add their two
cents" worth to the discourse. Most
of the time, such issues are re-
solved routinely; sometimes not.
Ten days after losing a federal law-
suit early this. year against the City
of Kirkwood, Missouri, in which
the plaintiff contended that his First
Amendment rights had been vio-
lated because he was twice con-
victed of disorderly conduct for
making "repetitive, personal, viru-
lent attacks" against city council
members and refusing to leave the
podium after speaking during the
council's public hearings on two
different business expanslOns at
one meeting, and doing the same
during the public comment period
at another meeting, the disgruntled
plaintiff stormed a later council
meeting and killed five people, in-
cluding two police officers, the
city's public works director, and
two council members, and seri-
ously wounded the mayor and a
reporter. (The city attorney fought
off the attacker by repeatedly
throwing chairs at him.)
While Virginia law requires local
governing bodies to conduct public
hearings on various matters, such
as changing tax rates, rezonings,
sale of public property, etc., it does
not otherwise require that citizens
be permitted to speak during public
meetings. Nevertheless, as a matter
.
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Bill Hackwonh is the City Attorney for
the City of Roanoke and may be reached
via e-mail at William.Hackwonh
@roanokevagov.
of practice, most governing bodies
permit citizens to speak on topics
of their choice at designated times
during such meetings, and some
permit citizens to speak on any
agenda item. Local practices vary
widely. "Citizen comment periods"
are variously scheduled at the be-
ginning and at the end of meetings.
Some localities televise such com-
ments; others do not. Some locali-
ties require speakers to sign up in
advance. Some impose time limits,
and some limit the number of times
speakers address a specific subject
within a defined time frame. Some
impose reasonable rules of behav-
ior for those attending meetings, in
order to ensure that the proceedings
are orderly, and that public busi-
ness is not interrupted by inappro-
priate behavior.
Limits on Speech
Content
Limits on the content of citizens'
speech may be difficult to enforce,
and any such limits must be rea-
sonable, narrowly drawn, and con-
tent neutral. As Justice Frankfurter
stated in Baumgartner v. United
States, 322 U S. 665, 673-674
(1944), "One of the prerogatives of
American citizenship is the right to
criticize public men and measures
- and that means not only informed
and responsible criticism but the
freedom to speak foolishly and
without moderation."
In a 2001 Virginia Beach case, a
citizen successfully challenged the
validity of a school board bylaw
that prohibited "personal attacks"
during the public comment period
of a school board meeting. Bach v.
School Board of the City of Vir-
ginia Beach, 139 F. Supp. 2d 738
(E. D. Va. 2001). The bylaw spe-
cifically prohibited "attacks or ac-
cusations regarding the honesty,
character, integrity or other like
personal attributes of any identified
individual or group." The court
held this part of the policy was un-
constitutional. The court found
that, in permitting citizens' com-
ments, the board created a "limited
public forum." Since the board
permitted positive as well as neu-
tral comment on individuals and
groups, the court reasoned that the
board could not limit public debate
by prohibiting anything negative
being said about them. The court
cited New York v. Sullivan, 376 U
S. 254, 269(1964), which observed
that "it is a prized American privi-
lege to speak one's mind, although
not always with perfect good taste,
on all public institutions, and this
opportunity is to be afforded in
vigorous advocacy no less than ab-
stract discussions."
Another court, however, upheld a
Richmond City Council rule pro-
hibiting "personal attacks" on
council members during a citizens'
comment period. Sa 'ad El-Amin v.
West, (E. D. Va. 1988) (unpub-
lished opinion) (1988 US. Dist.
Lexis 17511). (The rule also re-
quired citizens to speak only on
"the services, policies and affairs of
city government" and prohibited
campaign speeches.) In upholding
the rule, the court quoted from Be-
thel School District No. 403 v. Fra-
ser, 478 U S. 675 (1986), a case
involving impertinent and lewd
comments made by a student dur-
ing a presentation at a school as-
sembly, as follows:
The fundamental values of
"habits and manners of ci-
vility" essential to a de-
mocratic society must, of
course, include tolerance
of divergent political and
religious views, even when
the views expressed may
be unpopular. But these
"fundamental values" must
also take into account con-
sideration of the sensibili-
ties of others.... Even the
Page 7
Journal OF Local Government Law
most heated political dis-
course in a democratic so-
ciety requires
consideration for the per-
sonal sensibilities of the
other participants and au-
diences.
Behavior of Speakers
In Howard v. City of Roanoke, 51
Va. App. 36 (2007), the conviction
for disorderly conduct of a citizen
for being disruptive during a coun-
cil hearing was upheld. The citizen
was one of 54 scheduled speakers
on a controversial city issue, and
after he had spoken, he returned to
his seat, from where he proceeded
to heckle the council by cupping
his hands around his mouth and
yelling while the mayor attempted
to speak, despite being requested to
refrain from doing so. The citizen
claimed that his yelling was pro-
tected "speech", but the appeals
court determined that the totality of
the circumstances must be looked
at, and the mere fact that words
were spoken by the citizen while
he was yelling did not prohibit his
conviction. See Mannix v. Com-
monwealth, 31 Va. App. 271
(2000), in which the conviction of
a citizen for disorderly conduct and
obstructing justice was upheld, af-
ter the citizen appeared at a board
of supervisors meeting and spoke,
but refused to stick to the agenda
item being discussed, and refused
to be seated after his permitted time
to speak had elapsed. (The court
rejected the defendant's assertion
that his legal counsel should have
been permitted to quiz the board's
chair regarding his familiarity with
the rules of parliamentary proce-
dure relating to limiting debate!)
See also Collinson v. Gott, 895 F.
2d 994 (4th Cir. 1990) (removal of
citizen from public meeting of
county commissioners for interrup-
tions and truculence).
Page 8
Robert's Rules of Order Newly
Revised (10th ed.), at pp. 628-629,
sets out rules governing "protection
from annoyance by non-members
in a meeting." It provides that the
chair, acting alone, may act to pro-
tect an assembly from annoyance,
including requiring nonmembers to
leave the hall, or ordering their re-
moval. Such an order is appealable,
and not debatable. The rules
quaintly provide that the chair may
appoint a committee to escort the
offender to the door, but also
sagely suggest that it is usually
preferable to leave this to the po-
lice.
Time Limits
Content neutral regulations that re-
late to the time, place, and manner
of expression during meetings are
not subject to as rigorous a scrutiny
as regulations that go to the content
of speech. In a 1991 lawsuit in-
volving the City of Poquoson, a
citizen challenged a five-minute
limit imposed on her presentation
to the city council. Belcher v. City
of Poquoson (4th Cir. 1991) (No.
90-2618) (unpublished opinion).
The citizen had been placed on the
council's agenda, at her request, to
complain about a building code
violation for which she had been
cited. She was escorted from the
podium when she ignored repeated
requests to stop speaking after five
minutes. (She had already spoken
to the council during two earlier
meetings during the citizens'
comment period, when citizens
were permitted to speak for three
minutes.) The three-judge panel
upheld the five-minute limit as be-
ing "entirely reasonable" since the
speaker was speaking during the
"regular" part of the meeting, dur-
ing which business was to be trans-
acted, finding that this time was not
intended to provide a public forum
for all comers. The. court cited a
Florida case for the proposition that
"citizens have no constitutional
right to voice their views whenever
and wherever they so desire." Ad-
derley v. Florida, 385 U.S. 39
(1966).
A two minute limit has been up-
held. Collinson v. Gott, 895 F. 2d
994,996 (4th Cir. 1990).
Limits on Number
of Times Citizens
May Speak
A Richmond City Council rule lim-
iting the nuIi:1ber of appearances
anyone individual may make dur-
ing the . citizens' comment period
within a defined period of time was
upheld in Sa 'ad EI-Amin v. West,
supra. Some localities have estab-
lished such a limit (such as three
times in one year, or once every
three months). This should be done
by adopted rule, rather than arbi-
trarily, however. According to
press reports, a Grand Prairie,
Texas, man was paid $75,000 in
settlement of a federal case he filed
for being prevented from speaking
during a citizen comment period
(not required to be conducted under
Texas law), after the city's mayor
determined that the man had spo-
ken no fewer than ten or twelve
times on the same topic at earlier
meetings.
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Limits on Number or
Types of Speakers
A North Carolina case, Freeland v.
Orange County, 273 N. C. 452
(1968), related to a rezoning, where
thirty-one of an estimated 500 in
attendance at a zoning hearing
were permitted to speak for a total
of about two and a half hours (ap-
parently, about 200 more wished to
speak). The resulting ordinance
was upheld, the court fmding un-
tenable the contention that the body
was required to hear all persons in
attendance without regard to time.
(Cited in Collinson v. Gott, supra).
A Florida city council's rule limit-
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Journal OF Local Government Law
t
ing speakers during its public
comment period to city residents
has been upheld. Rowe v. City of
Cocoa, 358 F. 3d 80 (11th Cir.
2004).
In Henrico Professional Firefight-
ers Association, Local' 1568 v.
Board of Supervisors of Henrico
County, 649 F.2d 237 (4th Cir.
1981), the court held that when a
governing body opens a portion of
its meeting for individuals to dis-
cuss any relevant topic, it may not
exclude representatives of em-
ployee groups from speaking when
other individuals and representa-
tives of non-employee groups are
permitted to speak. This was found
to be both an equal protection and a
First Amendment deprivation of
the employee association's rights.
"
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QUESTIONNAIRE (jJ /) -r ~ ~ ")
1. DOES YOUR GOVERNING BODY PROVIDE FOR "CITIZENS' TJ1v1E"
,AND, IF SO, HOW IS IT HANDLED? FOR EXAMPLE, WHERE IT
APPEARS ON THE AGENDA, WHAT TIME IS ALLOTTED. '
Albemarle County
See attached "Official Agenda."
Arlington County
Citizens may speak before the County Board on a variety of issues whenever the
Board is in public session. At the beginning of each County Board meeting, the first
agenda item is Public comment. During this period, citizens may speak before the Board
on any issue or concern which is not scheduled to be heard during that meeting. Each
citizen may speak up to two (2) minutes and must complete a speaker slip and give it to
the Clerk prior to the beginning of the period. Only one speaker is allowed to be heard on
each topic. All speakers are heard on a first come, first heard basis. There is rio present ,
maximum time allocated for this item. Public comment continues until all speakers have
been heard.
Bedford County
We have a section of our agenda devoted to "public appearances" during which
any citizen may appear and address the Board. This section follows approval of the
agenda and ininutes. The stated policy requires that the citizen contact the county
Administrator on the Thursday prior to the Monday meeting and register, giving the topic
and approximate duration. Infact, often a citizen will appear at the night of the meeting
and request to address the Board. Such requests are routinely granted, especially if
, endorsed by the member representing the citizen's district.
,County of Chesterfield
Yes. See attached excerpt from the Board of Supervisors Procedures and agenda.
Procedures governing the conduct of meetings are adopted at the Board's annual meeting
each January.
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County of Culpeper
Culpeper County provides for a "citizen's forum" at the beginning of its 7:00 p.m.
monthly meeting of the Board of Supervisors, at which time other public hearings and
planning and zoning cases are discussed. There is no time restriction on this agenda item.
Although individual Board members may make comments in response to citizen
comments, no action is taken by the Board as a result of any issue raised during this
citizen's forum. If action is required, it is scheduled for another time when appropriate
notice may be given. There is no restriction upon the topic.
Fairfax County
"Citizen time" is provided at every other Board meeting--typically once every four
weeks--at the end of other scheduled hearings. The speakers list is maintained in the
.. Office of the Board Chairman and only ten speakers are permitted. A speaker may not
speak more than once every six months and speakers are not permitted to speak on .
matters in litigation, matters scheduled for public hearing within four months or matters
involving specific County employees. Each speaker is allotted three minutes. .
Fauquier County
Yes, the Board of Supervisors provides for "citizens time" at its two regularly
scheduled monthly meetings. Citizens time is a twenty minute period at which citizens
may address any matter not the subject ofa public hearing on the Board's agenda. The
twenty minute period is allotted proportionately between speakers based of the number
citizens wishing to address the Board of Supervisors. Citizens time comes at the
beginning of the meeting following the Pledge .of Allegiance and the Adoption of the
Agenda.
Hanover . County
The Rules provide for citizens time on the agenda of each meeting of the BOCS,
. just after the Pledge of Allegiance. The Rules do not specify how long Citizens' Time will
be , but typically 10 minutes is allotted on the agenda for this purpose. The Rules provide
that, in the event that the number of citizen's comments should exceed the time allotted
for Citizens' Time, the Chairman may request that the citizens return at the next regular
meeting, may extend Citizen's time or may schedule a public hearing on the matter being
discussed.
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County of Henrico
The BDard provides a "Public Comments" periDd near the beginning Dfthe regular
. meeting agenda (see sample agenda attached). During this periDd, citizens are allDwed to
address any item which dDes nDt appear Dn the agenda. No. specific time is allDtted fDr the
CDmment periDd, and a citizen dDes not have to. register in advance to. speak.
King William County
Our bDard Df supervisDrs dDes prDvide fDr citizens CDmment time, generally. at the
end Df the bDard meeting. Individuals are allDwed to. speak fDr 3 minutes and a perSDn
representing a grDUp wDuld be allDwed to. speak fDr 5 minutes. This rule is liberally
cDnstrued.
Loudoun County
Yes. Citizen's Time is provided at the beginning Df each regular business meeting.
Speakers have up to. 5 minutes; unless special arrangements have been made with the
Chairman in advance. As a matter Df practice, speakers will cut a fcrm with the Clerk.
The BDard roDm is equipped with a timing system which alerts speakers when they have
one minute remaining and their time has expired.
Nelson County
The NelsDn CDunty BDard Df Superviscrs meets Dn the 2nd Tuesday Df each
mDnth at 2:00 p.m., and again at 7:30 p.m. Time is allDtted fDr delegaticns to. address the
BDard at the end DfbDth afternDDn and evening sessiDns.
City Portsmouth
30 minutes at beginning cfmeetingis designated fDr speakers each with whDm has
a 5 minute time limit. If the 30 minutes expires and there are still perscns signed up to.
speak there is a time periDd at the end Df "new business" fDr the cDntinuatiDn Df new
agenda speakers (See attached agenda). CDuncil may mDtiDn and majcrity vDte cDuld
extend the 30 minute time pericd fDr gCDd cause to. allDW a speaker to. speak in beginning
and nct the end Dfthe meeting.
County of Roanoke
Yes. See attached.
Spotsylvania County
Please see SectiDn 4-1(D) Dfthe BOCS By-laws.
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County of Stafford
<,~: . The County.ofStafford allows two opportunities for citizens to address the Board
of Supervisors. The first time is immediately following Roll-Call of the Board of .
Supervisors' members (at 1:00). The second time is in the evening portion of the meeting
following the public hearings (7:00). Citizens speaking for a group are allotted 5 minutes
to speak. A citizen speaking for himself, only, is allotted 3 minutes. If a citizen speaks at
1:00, he cannot speak at the evening portion of the meeting. .
City of Virginia Beach
The City Council of the City of Virginia Beach does not provide for "citizens'
time. "
York County
Yes. Public comment. At end of agenda, no time limit, but BOS usually suggests
5 minutes for speaker. Will permit longer if subject dictates.
2. WHAT IS YOUR BOARD'S PROCESS FOR CONDUCTING PUBLIC;
HEARINGS AT THE ACTUAL BOARD MEETING? FOR EXAMPLE, WHAT
ARE YOUR RULES REGARDING THE NUMBER OJ? MINUTES THAT
CITIZENS ARE ALLOWED TO SPEAK? ARE CITIZENS ALLOWED TO
SPEAK LONGER IF THEY REPRESENT A GROUP? DO YOU PERMIT THE
PRO SIDE TO SPEAK BEFORE THE CON SIDE? I AM ALSO INTERESTED
IN KNOWING WHAT YOU DO IF THE NUMBER OF SPEAKERS EXCEEDS
THE TIME GENERALLY ALLOTTED FOR THE BOARD MEETING, IE.,
RECESSES.
Albemarle County
The Board's practice is to:
1. Receive staff report
2. Open public hearing
3. Receive comments from applicant or applicant's representative
4. Receive public comment pro or con
5. The Board generally does not set a maximum amount of time for
public hearings.
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Arlington County
Public hearings'are held in the order in which they appear on the agenda. Citizens
must complete a speaker slip identifying the item number and place it in the speaker slip
box before public testimony on that item begins. A maximum of five minutes is allowed
for individuals ,wishing to speak. Speakers may choose to speak two minutes or less, or'
up to five minutes. Those who limit their speaking to 2 minutes will be called on first, in
the order in which their speaker slips are received. Two to five minutes speakers will be
called on next, as well in the order their slips are received.
If there is 'lengthy public testimony, the chairman may limit the amount of
testimony and the length of each presentation. Citizens representing an organization,
speak under the guidelines as other speakers. The County Board, procedures indicate that
the Chairman may, at his/her discretion, announce "for" and "against" speakers before the
testimony when lengthy public testimony is anticipated. However, speakers will be called
in the order their slips are received, regardless oftheir position on the issue.
Speaker'slips are good only for the session of the meeting listed on the slip and are
not held over to another session or meeting. If an item is held over. for action to another
date, the Board has two options. They may either hear all testimony' at the first meeting
and then close the public testimony on this item, or they may carry the item over without
closing public testimony. If they do not close the testimony then at the next session,
citizens may sign up to speak on the issues before a decision is made.
Bedford County
We required that an individual register to speak at public hearings imrru~diately
before the meeting. A county employee at a table at the, entrance to the board room
collects the signatures. Once the Chai'rman receives the signatures and determines the
number of speakers, he may set a time limit (this depends upon the topic and number of
speakers). The speaker's stand is equipped with a timed red-light which will advise the
speaker when the time has expired. A spokesman for a group of people who have
registered will be allotted more time. Normally there is no distinction made as to whether
a speaker supports or opposes the proposal. Also, if time permits, the Chairman normally
asks if anyone else wishes to speak (I usually cringe when this happens). If a
controversial, high-publicized matter is before the Board, special arrangements are made.
When the Board considered the County's first zoning ordinance, we met in a school
auditorium for a special meeting devoted only to this topic.
County of Chesterfield
In accordance with S 7 of the Rules of Procedures, the conduct of public hearings
is controlled by the Chairman. If the public hearing has many speakers, the Chaimlan will
generally allot a total time limit based on the size ofthat meeting's agenda. Citizens who
represent a group are not allowed to speak longer than time allotted for individual
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speakers. In z~ning public hearings, the pro side always speaks first followed by the con
side with one chance for a short rebuttal from the pro side. Generally everyone who
wishes to speak at a public hearing is asked to line up along the wall to speed the process
and the Chairman then determines how much time should be allotted for each speaker.
The clerk keeps time for each speaker and notifies the Chairman when any individual
speaker exceed,s his time limit.
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County of Culpeper
In Culpeper County, all matters requiring' a public hearing are scheduled for the
second meeting of the Board, which begins at 7:00 p.m. For most matters, there are no
formal rules established for the public hearing. However, the Chairman does mai~tain
order by requit;ing citizens to speak from the podium and state their name and district.
The Chairman will also use the gavel to quiet any citizen who becomes unruly or
interrupts another speaker. In those public hearings where a great number of citizens
appear to speak, the Board requires a sign-up list. Speakers are called in the order that
their names appear on the list. Generally, each speaker is limited to two minutes.
Representatives of groups are not allowed a greater amount of time, but generally the
chairman does not object if they exceed the two minute limit by a reasonable period.
Culpeper County does not have any requirement with regard to the order of presentations .
in its public hearings. However, before the public hearing is opened, a staff presentation is
made, followed by a presentation by the applicant. At that time, the hearing is opened for
public comment. When public comment is concluded, the Board of Supervisors then asks
questions and makes comments prior to voting on any motions made by the Board. It has
been the practice in Culpeper County that if the number of speakers exceeds the time
generally allotted, the Board will continue into the early morning hours until the hearing is
concluded.
Fairfax County
The following are the time rules:
Person speaking for himself or for his immediate neighborhood--three(3) minutes.
Person speaking for an organization whose membership is representative of an
entire district--five (5) minutes.
Person speaking for an organization whose membership is representative of an
entire district--five (5) minutes.
Person speaking for an organization whose membership is representative of the
affected population of the entire County--ten (10) minutes.
The pro does not speak before the con and, in all but rare circumstances, the
hearings continue until all have spoken. Recesses are highly unusual.
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Fauquier County
The Board of Supervisors has adopted a public hearing protocol outlining how
public hearings will be conducted.. The protocol is read at each meeting before the
opening of the public hearings. The protocol limits individual citizen comment to three
minutes and strysses that public hearings are not question and answer periods. A timer is
used to inform speakers when their allotted time is up. Except as hereafter noted citizens
representing groups are not given additional time to impart the groups thoughts to the
Board. Although not stated within the protocol, applicants are generally given additional
time to make their presentation. Procedurally, the Chairman asks those representing the
applicant to speak first,. followed by those in favor of the applicant and finally those
opposing the application. In some instances the applicant has been given additional time
atthe.end of the hearing in which to respond to issues raised during the hearing.
At present the board does not generally allot a set time for its meetings. It has
been the unwritten policy of the board to extend its meetings until all citizens hav.e had the
opportunity to be heard and the hearing closed. In the nine years that I have been with the
County Attorney's office I am unaware of any meeting which was recessed and the
hearing reconvened at a later date and time certain. This, however, would appear in my
view to be the most appropriate method dealing with an extended hearing if required.
Hanover County
The Rules provide that no public hearing may last for more than 2 hours, although
this time may be extended by a majority vote of the BOCS. The time for zoing cases,
which does not include the staff presentation, is limited to one hour, but it also may be
extended. On zoning cases, the time is divided equally between proponents and opponeQ.ts
of the zoning map change being considered. The applicants may use.as much of the 30
minutes reserved for proponents as they desire. Also, inzoning cases, both proponents
and opponents may reserve 3 minutes for rebuttal.
In all public hearings, individual speakers are allowed up to 5 minutes, and a
representative of a civic organization or some other organizaed group may speak for up to
15 minutes. However, for large public hearings, defined by the Rules to be those at which
there are more than 100 persons present, these times are reduced to 3 minutes and 10
. minutes respectively ~ If the maximum time allowable for the public hearing has exhausted
before all of those who have signed up to speak have had the opportunity, the Chairman
may, nevertheless, close the public hearing or the Board may vote to extend the public
hearing.
County of Henrico
The Board does not have any rules for conducting public hearings. There are no
time limitations for citizens who speak. Citizens are allowed to speak longer if they
represent a group and are speaking in lieu of several other speakers. As a matter of
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practice, the proponents speak first, then the opponents, then the proponents are. allowed
to rebut. Although there are no time limits for presentations, the chairman sometimes will
admonish citizens nofto.be repetitive in their remarks and will encourage them to get to
the point if their presentation is too long. We have not had a problem with the number of
speakers exceeding the time generally allotted for the meeting.
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King- William County
The chairmariaimounces that the public hearing will be conducted, he then asks
that the people speaking on behalf of the project to speak. After they are finished he will
ask people who are against the project to speak. An individual can speak for 3 minutes
and a person r~presenting a group can speak for 5 minutes. Again this rule liberally
construed unless it is a large group. Also it is not a hard and fast rule iti our jurisdiction
that pro speaks before the con side, it just depends on how the chairman feels at that
particular evening.
Loudoun County
Attached is a copy of the Board's written rules regarding the conduct of public.
hearings. The Board hears speakers in the order in which they sign up with the Clerk,
regardless of their position on the matters. We have no standrad procedure when the
hearing runs over the time allotted. For the County's annual budget hearing, }Ve typically
plan and advertise the eharing for more than one date. With land use matters that draw
unusually large crowds, we have on occasion recessed the meetings to. another evening.
In those cases, the Chairman typically announces that the board will hear anyone who has
come out and wants to speak that night, but that at the end of the evening the hearing will
be recessed to a time certain to receive additional public comment.
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Nelson County
We do not have any rules. We generally allow everyone who wants to speak as
long as they wish.
City of Portsmouth .
See attached page from rules of City Council.
County of Roanoke
See attached.
Spotsylvania County
Please see Section 5-3 of the BOCS By-laws.
County of Stafford
The applicant speaks first and is allotted 10 minutes for his presentation. Citizens
are then allowed to give their comments. The same 3- and as..;minute rule as above applies
during the public hearing. After the public has spoken, applicant is allotted 5 minutes for
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rebuttal. There is no order in which the citizens speak (no pro/con). The Board meeting
generally will continu~ J-mtilcitizens have a chance to speak.
City of Virginia Beach
I have attached the applicable City Code Section which responds to this question.
Citizens are generally allotted five minutes to speak, and at Council's discretion, can be
allotted additional time. While there is no rule established, generally speakers for
application or proposal are permitted to speak first, with those against speak thereafter.
However, in a general public hearing on an issue, there may be a mix of pro and con
speakers. As we do not allocate a fixed time for the board meeting, we do not encounter
the problem with the number of speakers exceeding the time generally allocated.
York County
Suggest 5 minutes. Yes. Applicant has opportunity to speak first & last if
questions raised by con speakers. Has not been a problem. Always finished before 12:00
p.m.
3. DO YOU HAVE ANY OFFICIAL OR UNOFFICIAL POLICY FOR
DEALING WITH PERSONS WHO CREATE A DISRUPTION AT THE
MEETINGS OF YOUR GOVERNING BODY?
Albemarle County
Traditionally, the Chairperson has wielded a strong gavel and there has been no.
history of a problem with disruptions. VA Code Section 18.2-415 (B) provides a
procedure to handle a disturbance and details the criminal punishment appropriate for such
acts.
Arlington County
While there is no official policy for dealing with such persons, any behavior which
appears threatening either to Board members, staff or other citizens can be immediately
reported to the Police. "Panic" buttons are located in the County Board room, to provide
direct contact by the clerk and other staff with the police department. In instances where
advance information leads staff to believe that disruptive activities may be planned for a
board meeting or that disruptive individuals will be present at a meeting staff may provide
advance notification to the police department and request that non-uniformed officers be
present during the meeting.
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Bedford County
We really have no policy in this regard. While we have requested deputies to
appear at several meetings when we suspected a disruption, in 15 years no one has been
. . asked to leave a meeting. Parenthetically, I have noticed over the years that sometimes
matters which a,ppear to be routine surprisingly generate a public outcry.
County of Chesterfield
Generally a disruptive speaker is gaveled down by the Chairman. If that doesn't
work, he is then removed by the Sergeant at Arms who is a deputy sheriff Signs are not
permitted in the Board of Supervisors rooms on the theory that they violate the fire
prevention code, although I'm not sure that is true. Demonstrations and picket lines are
confined by the police to public access areas outside the Board ofSupeIVisorsroom and.
the police insure that no doors are blocked by any demonstration. Generally these rules
have been successful in controlling disruptive citizens assuming that you have a forceful
and. effective Chairman.
County of Culpeper
Culpeper County has no official policy for dealing with persons who are disruptive.
The unofficial policy is for the Chairman to use the gavel and verbal instructions to quiet
disruptive citizens. I have found that this method is most effective if the Chairman acts
promptly before the disruption proceeds very far.
Fairfax County
Board Rule 5.5.2 deals with speaker conduct:
Decorum of Other Persons--shall be maintained by the Chair, who may request
such assistance as to him appears necessary. Persons addressing the Board shall limit their
remarks to those relevant to the pending items, and to answering questions. They shall
address the Board as a whole, unless answering an: individual member's questions. The
presiding officer shall call the speaker to order; if out-of-order remarks, or other
indecorous conduct, persist, the presiding officer shall order the speaker from the lectern.
Fauquier County
While the Board has no official or unofficial policy for dealing with persons who
create a disruption at meetings this office has previously researched the issue and has
given the Board is considered advice as to a procedure for dealing With disruptions at its.
meetings. Attached to Questionnaire is a copy of a memorandum addressing the particular
issue upon which you seek advice.
13
Hanover County
A uniformed deputy sheriffis present at each meeting of the BOCS, and the Rules
rpovide that "[t]heChairmanshall order the removal' of any person whose behavior is so
unruly or disruptive as to present the order ly conduct of the meeting." .
County of Henrico
No. We have had rare occasions involving disruptive speakers, at which time they
have been asked to politely address the Board or be subject to removal by the Sheriff
King William County
We have no official policy, we generally have a deputy and/or the sheriff present at
all board meetings. However, since 1987 we have never had an occasion to ask the sheriff
to remove anyone from a meeting.
Loudoun County
No. On occasion, we have asked a sheriffs deputy to attend sessions which are
expected to be particularly emotional or volatile.
Nelson County
No.
County of Roanoke
No. We have only had 2 problems in 10 years. If a problem is anticipated we
request a uniformed officer to attend meeting. This presence has deterred problems.
Spotsylvania County
A sheriff's deputy attends BOCS meetings. If someone actually was preventing the
BOS from conducting its business, the person would be asked to cease; asked to leave; .
arrested (in that order).
County of Stafford
The By-Laws provide that the Chairman maintains order and decorum. If the
Chairman deems it necessary, the assistance of the Sheriff's Department will be requested.
City of Portsmouth
14
We operate by ordinance under Robert's Rules of Order with a Police Sgt. as. Sgt.
at Arms if a speaker i~ ~eclared out of order and does not respond appropriately the
speaker can be removed from the meeting.
City of Virginia Beach
I have attached the appropriate City Code Sections which cover this. Generally,
the Mayor, as the presiding officer, has the right to declare someone out of order for
either disrupting the meeting or speaking on matters which are not germane to the agenda
item before Council. If declared out of order and the disrupting party is uriwilling to retire
from the podium (all of our meetings are broadcast on local television), a police officer in
attendance may be summoned to remove the disrupting party from the chamber. To our
knowledge, this has never been necessary.
York County
If we have prior knowledge such a person will appear before Board; we have a
police officer present. So far has not been a problem. Speakers have deferred to the
chairman's gavel.
4. MISCELLANEOUS THOUGHTS.
Arlington County
Work sessions are open to the public but citizens are restricted from speaking
during such meetings.
Bedford County .
Each chairman conducts meetings differently. The atmosphere ranges from casual
and "down-home" to rigid formality. We have citizens who wax philosophically and one
who began reading the Declaration ofIndependence. Normally a chairman can recognize
a speaker who has another agenda and advises that speaker to stick to the topic. On the
other hand, inexperienced or uneducated speakers are treated gently and given great
latitude.
County of Culpeper
Personally, I dislike the citizen's forum because more frequently than not, it is used
as a means of ambushing one's neighbor or opponent without notice to that neighbor or
opponent. However, the members of the Board of Supervisors feel that it serves a useful
function. Therefore, as County Attorney I merely caution the Board to refrain from taking
any action that might impact the rights of another party who did not have notice that the
issue would be raised during the citizen's forum.
15
Fairfax County
Fortunately, we have had no. bad experiences to. date. But I think it is just a matter
of time. If I had my way, given the times, I weuld like to. see hidden metal detecters.
These are especially needed in view ef the fact that we no. lenger have armed, swern
pelice efficers pn the premises. Rather, we now must rely en eur u~armed private guards.
Fauquier County
The Beard's adepted public hearing protecel appears to. have werked quite well in
keeping the hearings focused and on time. In almest all cases citizens have been
ceeperativeand well-behaved and the issue efthe disruptive citizen has net been a major
problem during Beard meetings.
Hanover County
I believe that it is impertant to. previde in the Rules that Citizen's Time and public
hearings are fer. the purpose ef providing an oppertunity fer citizens to. present their
cemments and epinions to. the Beard and that these are net apprepriate time to. interrogate
Board members (er staff member~) or etherwise to. demand er expect a respense to. any
specific cencerns. By having such a provisien expressly stated in the Rules, the Chairman
er Parlimentarian (i.e. Ceunty attorney) can prevent unseemly exhancges between citizens
and Beard er staff members. A copy ef a pertien efHanever Ceunty's Rules regarding
Citizen's Time is enclesed.
County of Henrico
While rules fer Beard meetings may be helpful, they may be suspended ernet
follewed by the Beard. The need for and cemplexity ef rules may depend en the degree
ef citizen invelvement and participatien in Beard meetings. In Henrice, an infermal
practice witheut set rules has werked well. The Beard endeavers to. treat peeple with
patience and ceurtesy and to. allew them as much time as they need for their presentatiens.
King William County
Y eu may want to. centact the ceunty atterney fer King and Queens, I understand
that their meetings recently have been quite disruptive and very leng.
City of Portsmouth
Are yeu aware ef the Chesapeake situatien regarding nen agenda speakers?
Spo/sylvania County
The written rules in the by-laws have really helped deal with these situatiens.
<~
16
City of Virginia Beach.
We have wrestled from time to time whether or not there should bea "citizen
. time" at the beginning or end of Council meetings. Our general tendency has been not to
include such time, feeling that any items scheduled for action on the Council agenda is
subject to any/member of the .public speaking on the issue for up to five minutes. Also,
this is in consideration of the fact that public hearings are scheduled as required by law or
on issues that Council wishes to generally solicit comments. Marw of oui sister cities
permit this citizen time on a portion of their agenda; and we have considered several issues
in reaching our determination not to include such citizen time. Such considerations
include: the right of the Council to control its agenda~ the expediency of conducting its
business in an efficient manner~ and, the ability of a Council member to sponsor citizens if
he or she so desires.
York County
York County has a policy under which a citizen may only speak to an issue not on
the agenda twice in a year's time. Tried to get our Board to do something similar - they
wouldn't. The same guy appears before us to talk about Lymes disease.
SEP/cblW :QuesResp
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN
Deputy City Clerk
CECELIA R. 1YREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
July 24, 2008
The Honorable Mayor and Members
Of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Enf:losed is a copy of a summary of benchmark procedural rules for
Council meetings from the Virginia First Cities jurisdictions, as well as
Roanoke County and the City of Salem, which information was requested
by the Council at its July 7 Council meeting, in connection with the Mayor's
request for changes to current Council procedures and practices.
If you would like additional information, please feel free to contact me.
Sincerely,
~~7n.~
Stephanie M. Moon, CMC
City Clerk
Attachment
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
L: \CLERK\DATA \CKSMl \Agenda.08\benchmark procedures.doc
Department of Management & Budget
Noel C. Taylor Municipal Building
215 Church Avenue, SW., Room 354
Roanoke, Virginia 24011
540-853-6803 fax: 540-853-2773
FROM:
Stephanie M. Moon, City Clerk uJ
Paul Workman, Budget/Management Analyst ~
TO:
DATE:
July 21, 2008
SUBJECT:
Benchmarking procedural rules for Council meetings
As requested, we have contacted Virginia First Cities jurisdictions, as well as Roanoke
County and Salem, to benchmark issues with respect to the format of Council
meetings. You will find below a summary of the findings.
Time Limits
1. Are there time limits imposed on speakers who address Council?
Hampton: 3 minutes
Lynchburg: 3 minutes
Newport News: 5 minutes
Norfolk: 3 minutes
Portsmouth: 5 minutes
Richmond: A speaker is given 3 minutes per agenda item. The public comment
period shall not exceed 30 minutes for proponents and 30 minutes for
oppositions. Ten minutes total is allowed per speaker during the regular
business meetings. An individual may appear before the Council during the
Citizen Comment period no more than four times per year and no more than
once within a three-month period. The speaker must provide a topic and if they
stray from that topic, it will result in forfeiting of the remaining time.
Roanoke County: 3 minutes
Salem: No limit
2. Are there time limits on briefings by the City Manager?
Hampton: No.
Lynchburg: No.
Newport News: No.
Norfolk: No.
Portsmouth: No limit for the City Manager or the staff, however, they try to
have meetings completed within an hour.
Richmond: N/A. Strong Mayor-Council format of government
Roanoke County: No.
Salem: No.
3. Are there time limits on briefings with regards to citizen groups or
neighborhood organizations?
Hampton: Yes.
Lynchburg: Yes. 5 minutes and only one representative from the group may
speak.
Newport News: No limit during the work session (City Manager authorization
required) but there are time limits. for the regular session. Regular session
limits groups to 5 minutes and only one representative from the group may
speak.
Norfolk: Yes. 3 minutes.
Portsmouth: Yes. 5 minutes and only one representative from the group may
speak. The speaker may ask those who support them to silently stand or raise
their hand.
Richmond: Yes. They are treated the same as the general public. A speaker is
given 3 minutes per agenda item; public comment period shall not exceed 30
minutes for proponents and 30 minutes for oppositions. Ten minutes total is
allowed per speaker during the regular business meetings. An individual may
appear before the Council during the Citizen Comment period no more than
four times per year and no more than once within a three-month period. The
speaker must provide a topic and if they stray from that topic, it will result in a
forfeit of the remaining time.
Roanoke County: No formal time limits. This is left to the discretion of the
County Administrator.
Salem: No. However, if there is a large issue they may impose time limits.
Advance Pre/Jaration for Council Meetinqs
4. Are briefing materials provided to Council prior to the meetings?
Hampton: Yes.
Lynchburg: Yes.
Newport News: Yes.
Norfolk: Yes.
Portsmouth: Yes. Staff briefing materials must be provided prior to meetings,
however, from time-to-time there are exceptions and unexpected items.
Richmond: Yes. An informal meeting is held prior to the formal meeting to
brief members on the agenda.
Roanoke County: Ye~; All briefing materials are provided to the Board prior to
the meetings.
Salem: Yes. Tuesday before Monday meetings.
5. Is the general public required to pre-registering before speaking at meetings?
Hampton: No. Sign in sheet is available and after those who have signed up
are finished, it is opened to the floor for anyone who has not spoken but wishes
to address Council.
Lynchburg: Yes, if they are speaking on a topic to be discussed by Council.
No, if they are speaking on a topic someone else has brought up.
Newport News: Yes. Speakers are instructed to complete a 3xS card which
includes name, address, and topic they wish to address Council on.
Norfolk: Yes. They can register up to a minute before the meeting starts.
Portsmouth: No. Speakers are asked to fill out a "registration card" and
provide it to the Deputy City Clerk before the call to order. The "registration
card" may be completed by phone, e-mail, or in person. Public Hearing
speakers are encouraged to pre-register, but Council always opens it up to the
fl 0 0 r.
Richmond: Speakers must pre-register by 12 noon on the date of meeting
(meetings start at 3pm and 6pm). They must also provide the name of any
organizations they represent or any economic or professional relationship(s)
that would benefit from the subject they are addressing.
Roanoke County: Pre-registration is not required. A "Request to Speak" form is
required but may be completed at any time during the meeting.
Salem: No.
6. What are the procedures for requests by groups or organizations to appear
before the Council, and must these requests appear on Council's written
agenda?
Hampton: Groups and organizations are treated the same as individual
speakers and there are no official procedures.
Lynchburg: The initial speaker is allowed 10 minutes to present the topic. The
floor is opened up for those in favor and each speaker is allowed 3 minutes.
Then.the floor is opened for opposition and each speaker is allowed 3 minutes.
The initial speaker is then allowed 5 minutes for a rebuttal after which the issue
is opened to Council for consideration.
Newport News: Organizations are usually asked to put their request in writing
to the City Manager or his Chief of Staff.
Norfolk: There are no official procedures relating to groups or organizations.
They are treated similarly to the general public and allotted 3 minutes. If they
are included on the City Manager's agenda, there is no time limit.
Portsmouth: Groups or organizations must coordinate with the City Manager to
be included in the Public Work Session. For regular meetings, they must sign
up similar to methods required of the general public as a non-agenda speaker
and these do not show up on the written agenda.
Richmond: Groups or organizations that need to appear before Council would
do so at the informal meeting that proceeds the formal meetings. .
Roanoke County: No written procedures exist, however, the County
Administrator is responsible for the agenda and requests are left to his
discretion.
Salem: Must submit a request in writing to the City Manager to be included on
the written agenda.
Other Procedures for Council MeetinC/s
7. Are regular Council meetings scheduled to be held in different neighborhoods?
If so how frequently.
Hampton: Not as a matter of routine, but briefings that are geographically
significant to a particular location within the City may be held near that
location.
Lynchburg: No.
Newport News: All are at City Hall except for one, which is moved to a more
central location, usually a school, during budget season.
Norfolk: No. Meetings are always held at City Hall.
Portsmouth: No. However, "Community Meetings" are held quarterly out in the
neighborhoods, usually at a public school.
Richmond: No. However, individual council members may hold their own
informal meetings out in their districts.
Roanoke County: No.
Salem: No.
8. Is there television coverage of regular and/or informal sessions of the Council
meetings?
Hampton: Regular meetings and Work sessions are televised.
Lynchburg: Regular meetings, Special meetings, Work sessions and even
special events such as the State of the City Address are all televised.
Newport News: Regular meetings are televised.
Norfolk: Regular meetings are televised.
Portsmouth: Regular and informal sessions are televised.
Richmond: Regular meetings are televised.
Roanoke County: Regular meetings are televised.
Salem: No television coverage.
C: Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Department of Management and Budget
Amelia C. Merchant, Budget Administrator
6S:t:f~~!d 121rlf Ei()~ :;~~~=nJ All:f
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 31, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwen 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 a follow-up to information forwarded on July 24, 2008, enclosed is an
informational outline on the Countryside Golf Course that will be part of the
discussion during the August 4th City Council briefing. Also enclosed is a
summary of operating revenue, operating expense and outstanding debt on
seventeen (17) municipal-owned golf courses in Virginia, as well as comparable
financial information on Countryside Golf Course.
Darlene L. Burcham
City Manager
D~/fg
Enclosures
c: Stephanie M. Moon, City Clerk
:.::~
Countryside Chronology
. May, 2005, City Council authorizes purchase of golf course for
$4.1M
· July 2005, Airport identified need for additional land for expansion
of the 46 acre flight protection zone (approximately 17 acres to the
Airport / approximately 4.5 to City in swap).
· October/November 2005, City issued Request for Proposals (RFP)
for development of the property. One qualified developer (Toll
Brothers) responded.
· November 2005, City acquired Countryside Golf Course with land
totaling 140.42 acres. An additional 46 acres of the course is
leased through the Roanoke Regional Airport. The land has been
leased as part of the golf course since October 1965. The most
recent amendment was approved in 1995.
· November 2005, hired Meadowbrook Golf as a management firm
for the operation of Countyside Golf Course. City paid $35,000
annually by Meadowbrook Golf. Meadowbrook Golf collects all
revenue and covers costs of operations. The City is responsible for
all repairs over $1,000. The tennis facility is controlled by
Meadowbrook Golf who sublet the facility through a third party
lease agreement.
· February, 2006, Toll Brothers, Inc. opts not to pursue the project
· July 2006, issued a 2nd RFP for development of Countryside
· August 2006, received proposal from Countryside, LLC. for
development of the property.
..-- ::,.
It March 2008, discussions started for the renewal of the lease
agreement for the original 46-acre flight protection zone plus the
necessary land swap for the additional 17+- acres needed for
expansion of the zone. (17 acres to from City to Airport/ 4.5 acres
from Airport to City)
· April 2008, Council approved sale of 1.05 acres of land to Newbern
Properties for $55,000. Rezoning of the property proceeding; on
City Council public hearing agenda for August 18th.
. Upcoming important dates:
- October 31, 2008 contract ends with Meadowbrook Golf for
course operations
- November 14, 2008 lease ends with Roanoke Regional
Airport for the 46 acre flight protection zone portion of the
golf course.
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WHEREAS, National Night Out is a national, crime and drug prevention
event sponsored by the National Association of Town Watch
(NATW); and
WHEREAS, the City of Roanoke is a Cerlified Crime Prevention
Community; and
WHEREAS, it is imporlant that all citizens know and understand that
National Night Out is designed to heighten crime and drug
prevention awareness, to demonstrate general supporl for
and parlicipation in local anticrime programs, to strengthen
neighborhood spirit and police-community parlnerships, and
to send a message to criminals that neighborhoods are
fighting back against crime; and
WHEREAS, the men and women of the Roanoke Police Deparlment are
committed to working with citizens to enhance their quality of
life,
NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke,
Virginia, call upon all citizens, neighborhood watch groups and community
civic organizations to observe August 5, 2008, as the 25th Annual National
Night Out, with appropriate ceremonies, events and observances and, do
hereby proclaim Tuesday, August 5, 2008, throughout this great AII-
America City, as
NA TiONAL NIGHT OUT.
Given under our hands and the Seal of the, City of Roanoke this 4th day of
August in the year two thousand and eight.
ATTEST:
~'~.,",,_ ..~#j' .>..r~~~)
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':,~:;;.l,=J..~;<,",.,:,~"",~,t,--t;;7t'~~#'""",,,
David A. Bowers
Mayor
~ln.M~
Stephanie M~oon
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
August 4, 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: Request for a Public Hearing to
Consider the Placement of a
Deed of Reservation on City
Owned Property for a Public
Drainage Easement
Background:
The City of Roanoke desires to place a Deed of Reservation on City owned
property designated as Tax Map No. 1040202 to accommodate a public storm
water drainage easement to convey storm water that will result from the
development of the Cambria Suites Hotel and other properties along Reserve
Avenue. Pursuant to the requirements of 91 5.2-1800(B)-181 3 of the Code of
Virginia, the City of Roanoke is required to hold a public hearing to consider this
matter.
Recommendation:
Schedule a public hearing to be held on Monday, August 18, 2008, at 7:00 p.m.
on the above matter. A full report will be included in the August 18, 2008,
agenda material for City Council's consideration.
Respectfully submitted,
Darlene L. B rcham
City Manager
Honorable Mayor and Members of City Council
August 4, 2008 '
Page 2
DLB:LB
c: Stephanie M. Moon, City Clerk
Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
R. Brian Townsend, Asst. City Manager for Community Development
Brian K. Brown, Economic Development Administrator
CM08-00125
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
August 4, 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: Public Hearing Request
Dear Mayor Bowers and Members of City Council:
Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to
hold a public hearing on the issuance of $8,210,000 general obligation public
improvement bonds for various public improvement projects, This is to request that a
public hearing be advertised on the above matter for Council's regular meeting to be
held on Monday, August 18, 2008 at 7:00 p,m, A full report will be included in the
August 18, 2008 agenda material for your consideration.
Respectfully submitted,
0tJ ~\N--
Ann H. Shawver
Director of Finance
. .
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AHS/cma
c: Stephanie M, Moon, City Clerk
'Darlene L. Burcham, City Manager
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
STEPHANIE M, MOON, CMC
City Clerk
August 5, 2008
SHEILA N, HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
Mr. Stuart H. Revercomb
2408 Stanley Avenue, S. E.
Roanoke, Virginia 24014
Dear Mr. Revercomb:
Your resignation as member of the Economic Development Authority, was
before the Council of the City of Roanoke at a regular meeting held on Monday,
August 4, 2008.
On motion, duly seconded and unanimously adopted, your resignation was
accepted.
On behalf of the Members of Roanoke City Council, I would like to express
appreciation for your service to the City of Roanoke as a member of the
Economic Development Authority from February 22, 2005 to August 4, 2008.
Please find enclosed a Certificate of Appreciation and an aerial view photograph
of the Roanoke Valley in recognition of your years of service.
Sincerely,
SMM:ew
Enclosure
pc: Dennis R. Cronk, Chair, Economic Development Authority, Poe & Cronk
Real Estate Group, Inc., 10 So. Jefferson St., 1200 Wachovia Tower,
Roanoke, Virginia 24011
Harwell M. Darby, Jr., Assistant Secretary, Economic Development
Authority of the City of Roanoke, Glenn, Feldmann, Darby and Goodlatte,
P. O. Box 2887, Roanoke, Virginia 24001
Joyce S. Johnson, Assistant to the Mayor
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REAL ESTATE GROUP
1 0 South Jefferson Street
1200 Wachovia Tower
Roanoke, Virginia 24011
540/982-2444
540/342-8549 facsimile
www.poecronk.com
July 28, 2008
The Honorable David A. Bowers
Noel C, Taylor Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
Dear Mayor Bowers,
The City of Roanoke Economic Development Authority has received notice by
email (see attached e-mail) that Stuart Revercomb is resigning as a member of
the Economic Development Board,
Please let me know if we can be of assistance to City Council in their efforts in
identifying a replacement for the Board,
Sincerely,
~~~~
Dennis Cronk, Chairman "
City of Roanoke
Economic Development Authority
Cc: Stephanie M, Moon, CMC, City Clerk
Attachment:
~~~RII
___ ~ ,c.",',"..'.'".i',r..,..",,',",
~ tIf;jA~:~:i,-:;~;:~~':,~""
ROANOKE
RETIREMENT ADMINISTRATION
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 461
Roanoke, Virginia 24011
540,853,2062 fax: 540,853,6142
August 4, 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:
Attached for your review is a summary of the Roanoke Pension Plan Board of Trustees'
activities for the time period July 1, 2007 through June 30, 2008. The written minutes of
each Board of Trustees meeting are located in the office of the Retirement
Administrator, Andrea F. Trent.
On behalfofthe appointed members of the Board of Trustees, we would like to take this
occasion to thank City Council for the opportunity to be of service to our City.
Sincerely,
c:92 ---/ c.- 7-"7
David C. Key V
Chairman
Attachment
c: Stephanie M. Moon, City Clerk
Board of Trustees, City of Roanoke Pension Plan
Annual Report
City of Roanoke Pension Plan Board of Trustees
June 30, 2008
There were four meetings scheduled during the above referenced time period.
July 11 , 2007 Meeting
Members present: David C. Key
Jesse A. Hall
George F. Taylor
Donna S. Johnson
J. Greg Reed
Darlene L. Burcham
Curtis L. Davis
Michael W. Hanks
Members absent: Mayor C. Nelson Harris
The Board approved:
. 3 retirements from Employees' Retirement System (ERS);
. 15 retirements from Employee's Supplemental Retirement System (ESRS);
. 3 applications for spousal allowances due to retiree deaths; and
. 2 non-occupational disabilities from ESRS.
Becker, Burke Associates, Incorporated's March 31, 2007 quarterly investment update
was presented by Mr. Key.
It was also reported that eleven responses were received from the Request for Proposal
for a new actuary and five providers have been selected to interview.
October 10, 2007 Meeting
Members present: Donna S. Johnson
J. Greg Reed
George F. Taylor
Michael W. Hanks
Jesse A. Hall
Curtis L. Davis
Members absent: Mayor C. Nelson Harris
Darlene L. Burcham
David C. Key
The Board approved:
. 17 retirements from ESRS; and
. 3 applications for spousal allowances due to retiree deaths.
The Board denied:
. 2 non-occupational disabilities from ESRS,
Becker, Burke Associates, Incorporated's June 30, 2007 quarterly investment update was
presented by Mr. Hall. The rebalancing of plan assets in connection with the recent
update of the Investment Policy by Becker, Burke Associates, Incorporated is complete.
Ms. Trent reported that contract negotiations for new Investment Managers were in
process with Essex Investment Management Company, LLC, Westfield Capital
Management Company, LLC, and Thompson, Siegel & Walmsley, LLC. The Board voted to
engage business with all three companies pending contract approval.
The Board approved execution of an agreement pending approval from our Actuary and
City Attorney to allow the City of Norfolk and the City of Roanoke to enter into a
Portability Agreement. This agreement would allow current employees with service under
the City of Norfolk's Pension Plan or the City of Roanoke's Pension Plan to add service to
their respective plan when determining a retirement benefit,
January 9, 2008 Meeting
Members present: David C. Key
J. Greg Reed
Jesse A. Hall
George F. Taylor
Darlene L. Burcham
Curtis L. Davis
Michael W. Hanks
Donna S. Johnson
Members absent: Mayor C. Nelson Harris
The Board approved:
. 1 retirement from ERS;
. 20 retirements from ESRS; and
. 3 applications for spousal allowances due to retiree deaths.
Becker, Burke Associates, Incorporated's quarterly investment update was presented by
Mr. Key.
The June 30, 2007 Actuarial Valuation was presented to the Board by the new actuaries,
Milliman Consultants.
Ms. Trent reported that the rebalancing has been completed and contracts have been
finalized with our new investment managers, except for Essex Investment Management.
That contract is still being negotiated.
April 9, 2008 Meeting
Members present: David C. Key
Darlene L. Burcham
J. Greg Reed
Curtis L. Davis
Donna S Johnson
Jesse A. Hall
Michael W. Hanks
George F. Taylor
Members absent: Mayor C. Nelson Harris
The Board approved:
. 1 retirement from ERS;
. 14 retirements from ESRS;
. 2 applications for spousal allowances due to retiree deaths;
. 1 non-occupational disability from ESRS; and
. 2 non-occupational disability appeals from ESRS
The Board denied:
. non-occupational disabilities from ERS;
. 1 non-occupational disabilities from ESRS; and
. 1 occupational disability from ESRS.
Becker, Burke Associates, Incorporated's quarterly investment update as of December 31,
2007, was presented by Mr. Key.
KPMG's Annual Report to the Board of Trustees was presented along with the
Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ending June 30, 2007.
Ms. Trent reported that all contracts with the new investment managers are now finalized.
:.\
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
August S, 2008
Donald R. Witt, Chair
Roanoke Valley Greenway Commission
3332 Kenwick Trail, S. W.
Roanoke, Virginia 24018
Dear Mr. Witt:
This is to advise you that Elizabeth D. Rhine has qualified as a City representative
to the Roanoke Valley Greenway Commission, to fill the unexpired term of
Charles R. Shaver ending June 30, 2010.
Sincerely,
. · h1. '16YV
Stephanie M. Moon, CMC
City Clerk
SMM:ew
pc: Elizabeth Belcher, Greenway Coordinator, Roanoke Valley Greenway
Commission, P. O. Box 29800, Roanoke, Virginia 24018
Joyce S. Johnson, Assistant to the Mayor
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Elizabeth D. Rhine, 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 Greenway Commission, to fill the unexpired term of Charles R.
Shaver ending June 30, 2010, according to the best of my ability (So help me
God).
~
~
-
Subscribed and sworn to before me this a day 0# 2008.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BY&~ & 4dA1- ,6~-&=L~RK
K:\oath and leaving service\Roanoke valley greenway commission\Elizabeth 0, Rhine 630 201O,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
August 5, 2008
Kathryn Van Patten, Director
Court and Community Corrections
1627 East Main Street
Salem, Virginia 241 53
Dear Ms. Van Patten:
This is to advise you that the B. Steven Lugar has qualified as a City representative
to replace Chief Atlas '~oe" Gaskins to the Regional Virginia Alcohol Safety Action
Program Policy Board, for a term of three years ending June 30, 2011.
Sincerely,
A~ h1, ~1rN
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, B. Steven lugar, 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 Regional Virginia
Alcohol Safety Action Program Policy Board, for a term of three years ending
June 30, 2011, according to the best of my ability (So help me God).
'X 4 4IE>?
WIJ () I J" .
Subscribed and sworn to before me thi~day of I( 2008.
BRENDA S. HAMILTON, CL.ERK OF THE CIRCUIT COURT
BY ~ f.l'lUf( 17?f,j , CLERK
- .. . . - -_. ". .., " ,-
t: i Il, 1) cfr::. ~ ~'. ;'_:
K:\oath and leaving service\Regional Virginia Alcohol Safety Action Program Policy Board\B Steven Lugar oath June 30 2010,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
CECELIA R. TYREE
Assistant Deputy City Clerk
August 5, 2008
Elaine A. Bays, Director
RVTV
541 Luck Avenue, S. W., Suite 145
Roanoke, Virginia 24016
Dear Ms. Bays:
This is to advise you that the Carla L. Terry has qualified as a City representative to
the Roanoke Valley Regional Cable Television Committee, for a term ending
June 30, 2011.
Sincerely,
~h1. h('~
Stephanie M. Moon, CMC
City Clerk
SM M :ew
pc: Robert R. Altice, Chair, Roanoke Valley Regional Cable Television
Committee, 616 South Maple Street, Vinton, Virginia 24179
Cecelia R. Tyree, Secretary, Roanoke Valley Regional Cable Television
Committee
Joyce S. Johnson, Assistant to the Mayor
......
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Carla L. Terry, 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 alf"the
duties incumbent upon me as the City representative to the Roanoke Valley
Regional Cable Television Committee, for a term ending June 30, 2011,
according to the best of my ability (So help me God).
OJav
Subscribed and sworn to before me this ~ day o~ 2008.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BY ~~ LIe
~ , CLERK
K:\oath and leaving service\Roanoke Valley Regional Cable Television Committee\Carla Terry oath 6 30 201l.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church A venue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva,gov
SHEILA N, HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August 5, 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 Frank J. Eastburn and Douglas C. Jackson have qualified
as members of the Roanoke Arts Commission for terms ending June 30, 2011.
Sincerely,
f'J1.h-JDW
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, Frank J. Eastburn, 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 of three years ending June 30, 2011, according to
the best of my ability (So help me God).
\=''w ~ ~~
_. . , . rr ..
Subscribed and sworn to before me this J!- day 0
u
2008.
, CLERK
K:\oath and kaving service\Arts Commission\Frank J EastbuITI oath 6 30 II ,doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Douglas C. Jackson, do solemnly affirm that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, a.nd 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 of three years ending June 30, 2011, according to
the best of my ability (So help me God).
Subscribed and sworn to before me this
~
y of :.....{~~ 2008.
BRENDA S. HAMILTON, CLERK OFTHE CIRCUIT COURT
Bc;2e,'5f>>(C.&,r;./. ~L~~~
K:\oath and leaving service\Arts Commission\Douglas C, Jackson oath 6 30 II ,doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva,gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
August 5, 2008
Keli M. Greer, Secretary
Personnel and Employment Practices Commission
Roanoke, Virginia
Dear Ms. Greer:
This is to advise you that Curtis E. Mills has qualified as a member of the
Personnel and Employment Practices Commission, for a term ending June 30,
2011.
Sincerely,
~tn'0WYv
Stephanie M. Moon, CMC
City Clerk
SMM:ew
pc: Joyce S. Johnson, Assistant to the Mayor
K:\oath and leaving servicelpersonnel and employment practices commission\Curtis E Mills quali June 30 2011.doc
/
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to~wit:
I, Curtis E. Mills, do solemnly affirm that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of
Virginia, and that I will faithfully and impartially discharge and perform all the
duties incumbent upon me as a member of the Personnel and Employment
Practices Commission, for a term of three years ending June 30, 2011,
according to the best of my ability (So help me God).
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BY ~6"
K:\oath and leaving service\personnel and employment practices commission\Curtis E. Mills oath 6 30 20 II ,doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
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
August 5, 2008
Sheila N. Hartman, Secretary
Board of Fire Appeals
Roanoke, Virginia
Dear Ms. Hartman:
This is to advise you that Edwin L. Noell has qualified as a member of the Board of
Fire Appeals, for a term of four years ending June 30, 2012.
Sincerely,
tl'-l~ ;.J /Yi, h-;Uf'N
Stephanie M. Moon, CMC
City Clerk
SMM:ew
pc: John H. Johnson, Jr., 1710 Barnett Road, N. W., Roanoke, Virginia 24017
Daniel J. Rakes, Fire Marshal
Joyce S. Johnson, Assistant to the Mayor
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Edwin L. Noell, 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 Board of Fire Appeals, 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 ~ay Of~ 2008.
BRENDA S. HAMILTON, CLERK OE THE CIRCUIT COURT
BYCkWt~~
Dc(J~
, CLERK
K:\oath and leaving service\Board of Fire Appeals\Edwin L Noell oath June 30 20l2,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
August 5, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38170-080408 authorizing the lease of
1394.42 square feet of space located within City-owned property known as the
City Market Building, for the operation of a food service business for a term of
one year, at a rental rate of $3,692.65, per month, beginning August 1, 2008,
and extending through July 31, 2009, upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 4, 2008, and is in full
force and effect upon its passage.
Sincerely,
~1>1'h?oV'yv
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
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
plL
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of August, 2008.
No. 38170-080408.
AN ORDINANCE authorizing the lease of 1394.42 square feet of space located within City-
owned property known as the City Market Building, for a term of one year beginning August 1,
2008, and extending through July 31,2009; and dispensing with the second reading ofthis ordinance
7
by title.
WHEREAS, a public hearing was held on August 4,2008, pursuant to SS15.2-1800(B) and
15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens
were afforded an opportunity to be heard on the proposed lease,
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and City Clerk are hereby authorized to execute and attest,
(respectively, in a form approved by the City Attorney, an agreement with C, Roger Lamm, Ill, for the
lease of approximately 1394.42 square feet of space located within City-owned property known as
the City Market Building, for the operation of a food service business, doing business as Tavern on.
the Market, for a term of one year, at a rental rate of$3692.65 per month, beginning August 1,2008,
and extending through July 31, 2009, upon certain terms and conditions, and as more particularly
described in the City Manager's letter to this Council dated August 4,2008,
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:
fh.l1J.ol/'IV'
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
August 4, 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: Lease Renewal for Tavern
on the Market in the City
Market Building
Background:
C. Roger Lamm, III, owner and operator of Tavern on the Market
restaurant, has requested a renewal of his lease for 1394.42 square feet
of space located in the City Market Building at 32 Market Square,
Roanoke, Virginia 24011. The current lease expires July 31, 2008. The
new lease term is for one year, effective August 1, 2008 and expiring July
31, 2009. The proposed agreement establishes a base rent to be paid as
provided by the following schedule:
Period Square Per Square Monthly Rent Annual Rent
Footage Foot Amount Amount
Amount
8/1/08 - 7/31/09 1083 $24.00 $2,166 $25,992
Additional space 311 .42 $28.00 $ 726.65 $8,719.80-
The Common Area Maintenance fee, to be paid in addition to the rental
amount described above, is $800.00 per month. There is no renewal
provision in this lease.
Recommended Action:
Authorize the City Manager to execute a lease agreement with Tavern on
the Market, for approximately 1394.42 square feet of space in the City
Honorable Mayor and Members of City Council
August 4, 2008
Page 2
Market Building, located at 32 Market Square, Roanoke, Virginia 24011,
for a period of one (1) year, effective August 1, 2008, and expiring July
31, 2009. Such lease shall be upon form approved by the City Attorney.
Respectfully submitted,
rJ
Darlene L. Burcham
City Manager
DLB/c1t
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Asst. City Manager for Community Development
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
CM08-00 118
LEASE
Between
THE CITY OF ROANOKE
And
Tavern on the Market
c: \DOCUME-l \CMCFl \LOCALS-l \ TEMP\NOTESEIEF34 \ TAVERN LEASE. DOC
LEASE
INDEX
HEADING
PAGE
PREM ISES
TERM
BASE RENT; ESCALATIONS
COMMON AREA MAINTENANCE
2
LANDLORD OBLIGATIONS
2
TENANT'S OBLIGATIONS
3
USE OF PREMISES
3
EXCLUSIVITY
4
ASSIGNMENT AND SUBLETTING
4
IMPROVEMENTS
4
SURRENDER OF PREMISES
4
INSPECTION
4
INSOLVENCY OR BANKRUPTCY OF TENANT
TRANSFER OF LANDLORD'S INTEREST
4
ESTOPPEL CERTIFICATE
5
5
DAMAGE TO THE PREMISES
5
DEFAULT OF TENANT
6
CONDEMNATION
6
COVENANTS OF LANDLORD
6
NO PARTNERSHIP
7
BROKERS COMMISSION
7
NOTICES
7
HOLDING OVER
7
BENEFIT AND BURDEN
7
GENDER AND NUMBER
7
ENTIRE AGREEMENT
7
C\DOCUME-l \CMCFl \LOCALS-l \ TEMp\NOTESEl EF34\ TAVERN LEASE. DOC
I
INVALIDITY OF PARTICULAR PROVISIONS
HAZARDOUS SUBSTANCES
INSURANCE
SECURITY DEPOSIT
INDEMNIFICATION
COMPLIANCE WITH LAWS AND REGULATIONS
FORUM SELECTION AND CHOICE OF LAW
FORCE MAJEURE
EQUAL EMPLOYMENT OPPORTUNITY
DRUG-FREE WORKPLACE
RULES AND REGULATIONS
SIGNAGE
GUARANTY
LIABILITY OF LANDLORD
TENANT IMPROVEMENTS
BUSINESS HOUR MODIFICATION
Exhibit A
Exhibit B
. Exhibit C
Exhibit D
Exhibit E
Exhibit F
C:\DOCUME-l \CMCFl \LOCALS-l \ TEMP\NOTESEl EF34\ TAVERN LEASE. DOC
7
7
8
9
9
10
10
10
10
10
11
11
11
11
11
11
Floor Plan
Common Area Floor Plan
Menu
Rules and Regulations
Sign Regulations
Guaranty
II
LEASE
THIS LEASE is made this ____day of ____________________2008 by and between the
CITY OF ROANOKE (hereinafter referred to as "Landlord"), and Tavern on the
Market, (hereinafter referred to as "Tenant"),
WITNESSETH:
In consideration ofthe mutual agreements hereinafter set forth, the parties hereto
mutually agree as follows:
1, PREMISES Landlord hereby leases to Tenant and Tenant hereby leases from
Landlord, for the term and upon the conditions hereinafter provided, a section of
the building known as the Roanoke City Market Building (herein referred to as the
"Building") located at 32 Market Square, Stalls #117 - 120. # 135 and 136,
Roanoke, Virginia 24011, as is delineated on Exhibit "A" hereto, which is hereafter
referred to as the "Premises," The Premises consists of approximately 1394.42
square feet of space,
2, TERM The term of this Lease shall commence on Auaust 1. 200.B.
("Commencement Date") and shall expire at 11 :59 o'clock p,m, on luly 3 L 200~,
A key will be given to Tenant upon execution of the Lease,
3, BASE RENT: ESCALATIONS The base rent for the first year of the term
shall be based on cost per square foot, Tenant shall pay as base rent for the
f h fh L d h fll hdl
Premises or eac vear 0 .t e ease accor inq to t e 0 OWlnq sc e u e:
Period Square Per Square Monthly Rent Annual Rent
Footage Foot Amount Amount
Amount
8/01/08 1083 $24,00 $2,166 $25,992
to
7/31/09
311 .42 $28,00 $726,65 $8,719,80
. Ifthe Commencement Date is other than the first day ofthe month, the first year of
the Lease term shall be deemed to be extended to include such partial m,onth and
the following twelve (12) months, so as to end on the last day of the month, In the
event the Commencement Date is other than the first day of a calendar month, the
Base Rent ("Rent") (as well as the Common Area Maintenance Fee provided
hereunder) for the portion of the then current calendar month shall be prorated on
the basis of a thirty (30) day month and shall be paid immediately upon the
commencement of the Term,
On the first anniversary of the Lease, and upon each successive anniversary
thereafter, the monthly rent for the next twelve (12) months shall be increased by
three percent (3%) of the previous year's monthly rental.
Rent shall be paid monthly, The first monthly payment shall be made at the time of
execution of this Lease by the parties; the second and all subsequent monthly
payments shall be made on the first day of each and every calendar month during
the term, Any monthly payment of rent which is not received by Landlord by the
end of the fifth (5th) day of the month shall be assessed a late charge in the
amount of five percent (5%) of such total monthly rent payment, All delinquent
rent, and other charges due under this Lease shall accrue interest at a, rate equal to
the current prime rate, as established by the United States Government, plus two
percent (2%) per month or the maximum amount permitted by law, from the due
C:\DOCUME-l \CMCFl \LOCALs-l \TEMP\NOTEsEl EF34\ TAVERN LEASE. DOC
1
date of such payment and shall constitute additional rent payable by Tenant under
this Lease and shall be paid by Tenant to Landlord upon demand, Payment shall
not be deemed as received if Tenant's payment is not actually collected (such as
payment by insufficient funds check), Tenant shall pay rent to Landlord at City of
Roanoke, 215 Church Ave, Roanoke, Virginia 24011, or to such other party or at
such other address as Landlord may designate from time to time by written notice
to Tenant, without demand, Checks shall be made payable to Treasurer, City of
Roanoke,
4, COMMON AREA MAINTENANCE Tenant agrees to pay Landlord, as
additional rental, Tenant's proportionate share of the costs ("Common Area
Maintenance Fee") of maintaining, operating, repairing, replacing and insuring the
"Common Areas" defined herein,
The Common Area Maintenance Fee for this lease will be a flat fee charge of EiClht
Hundred Dollars ($800.00) per month, These fees will increase by three (3%)
percent upon each anniversary of this Lease,
The term "Common Area Maintenance Fee" includes all costs and expenses of every
kind and nature paid or incurred by Landlord in operating, managing, equipping,
policing, lighting, repairing, replacing items in the Building and maintaining the
Building, Such costs and expenses will include, but not be limited to, the following:
(a) utilities (electric, gas, waste removal, water and sewer charges, storm water
charges; individual telephone service is specifically excluded),
(b) insurance premiums for public liability and property damage for the
Building(excluding Tenant's Premises)
(c) maintenance costs of heating, ventilating and air conditioning,
(d) insect and rodent treatment,
(e) snow and ice removal,
(f) electrical and plumbing repairs in the Common Areas of the Building,
(g) management costs and repairs to the structure of Building which includes
roof and wall repairs, foundations, sprinkler systems, utility lines, sidewalks
and curbs,
(h) security camera systems,
(i) lighting,
Ul sanitary control, drainage, collection of rubbish and other refuse,
(k) costs to remedy and/or comply with governmental and/or environmental and
hazardous waste matters(excluding Tenant's Premises)
(I) repair and installation of equipment for energy saving or safety purposes,
(m) reserves for future maintenance and repair work (which Tenant hereby
authorize Landlord to use as necessary),
(n) depreciation on equipment and machinery used in maintenance, costs of
personnel required to provide such services,
(0) All costs and expenses associated with Landlord's obligation to repair and
maintain and such other items of cost and expense which are relatable to
proper maintenance of the Building and its Common Areas.
The "Common Areas" are defined as all areas and spaces in the Building and
equipment in the Building, as further shown on the attached Exhibit B provided by
Landlord for common or joint use and benefit of the tenants of the Building, their
employees, agents, servants, customers and invitees, The Common Areas further
include, without limitation, roofs, walls, vacant areas, food court, elevator(s),
restrooms, stairways, walkways, ramps, foundations, signs (excluding Tenant's
signage), security cameras, lighting fixtures and equipment, and the facilities
appurtenant to each of the aforesaid, and any other facilities maintained for the
benefit of the Building. Landlord shall have the right to modify the Common Areas
from time to time as deemed reasonable by Landlord,
C\DOCUME- 1 \CMCFl \LOCALS- 1 \TEMP\NOTESEl EF34\ TAVERN LEASE,DOC
2
s. LANDLORD'S OBLIGATIONS Landlord hereby agrees to provide and be
responsible for the following:
(a) make all structural and capital repairs and replacements to items in the
Building and to the Common Areas, as defined above, and to maintain
the Building and its Common Areas. Structural and capital repairs and
replacements are defined as repairs or replacements which include but
are not limited to repairs or replacements to the roof, elevators,
electrical wiring, heating and air conditioning systems, toilets, water
pipes, gas, plumbing, other electrical fixtures and the exterior and
interior walls. Structural and capital repairs to Tenant's Premises are
specifically excluded.
(b) pay for the cost of Tenant's utilities (gas, electric, heating, water,
telephone service specifically excluded) and all other services identified
through use of funds from the Common Area Maintenance Fee described
above.
(c) provide a key to Tenant upon execution of the Lease Agreement,
6. TENANT'S OBLIGATIONS Tenant, at its sole cost and expense,
agrees to provide and be responsible for the following, in addition to its other
responsibilities pursuant to this Lease.
(a) Tenant shall keep and maintain the Premise in good repair, condition
and appearance during the term of this Lease, ordinary wear and tear
excepted, and not use any part of the Premises or the Common Areas of
the Building in a negligent manner. "
(b) Tenant shall take good care of the Premises, its fixtures, and
appurtenances and suffer no waste .or injury thereto, and shall pay for all
repairs and replacements to the Premises, necessitated by Tenant's
actions, whether capital, structural as defined above, or otherwise.
(c) Tenant shall surrender the Premises at the end of the term in as good
condition as Tenant obtained the same at the commencement of the
term, reasonable wear and tear excepted.
(d) Tenant shall operate its business as described in Section 7 of this Lease.
(e) Tenant shall pay rent timely as provided in Section 3 of this Lease.
(f) Tenant shall obtain the insurance as required in Section 29 of this Lease.
(g)
C:\DOCUME-l \CKSM 1 \LOCALS-l \ TEMP\NOTESElEF34 \PAGE 3 TAVERN LEASE AGREEMENT 8-1-08.DOC
7. USE OF PREMISES The Premises shall be used for the purpose
of conducting therein the sale of Restaurant menu items. Tenant covenants
and agrees that at all times during the term hereof, Tenant will actively
conduct such a
8, EXCLUSIVITY Tenant operates a restaurant as outlined in attached menu
noted as Exhibit "(", Tenant must obtain written approval of Landlord before
adding any item, other than soft drink beverages, to its menu and shall pay a $100
per item to the Landlord if Tenant does not obtain such approval. Ifmenu changes
persist beyond thirty (30) days without the written approval of the Landlord the
tenant is thereby in default of its Lease, Landlord and Tenant acknowledge that it
is the intent of the parties that current and prospective tenants ofthe Building not
be allowed to market products that would impair the sales of the other tenants of
the Building, Accordingly, Landlord agrees not to lease to tenants selling similar
food, cuisine or fare as existing tenants of the Market BUilding, as determined in
the sole discretion of the Landlord, or which will in the opinion of the Landlord be
inconsistent with the intended uses of the Building. Tenant further agrees not to
market any product that would impair a current Tenant's sales. Tenant
acknowledges and agrees that if there is any disagreement over whether any item
sold by a tenant is an item sold by another tenant ofthe Building that would impair
Tenant's sales; such dispute shall be determined and resolved in the Landlord's sole
discretion,
9, ASSIGNMENT AND SUBLETTING Tenant shall not voluntarily or
involuntarily assign this Lease in whole or in part, nor sublet all or any part of the
Premises without following the procedures detailed herein and obtaining the prior
written consent of Landlord, in Landlord's sole discretion, The consent by Landlord
to any assignment or subletting shall not constitute a waiver of the necessity for
such consent in any subsequent assignment or subletting,
In the event that Tenant receives a bona fide written offer from a third party for the
sublease or assignment of the Premises, Tenant shall forthwith notify Landlord in
writing, attaching a copy of such offer, of Tenant's desire to sublet or assign this
Lease upon the terms of such offer, whereupon Landlord shall have thirty (30) days
to accept or reject such assignment or sublease,
10, IMPROVEMENTS Landlord must approve all alterations, redecorations,
or improvements in and to the Premises in writing beforehand, Such alterations,
redecorations, additions, or improvements shall conform to all applicable Building
Codes of the City of Roanoke, federal and state laws, rules and regulations,
11, SURRENDER OF PREMISES At the expiration of the tenancy hereby
created, Tenant shall peaceably surrender the Premises, including all alterations,
additions, improvements, decorations and repairs made thereto (but excluding all
trade fixtures, equipment, signs and other personal property installed by Tenant,
provided that in no event shall Tenant remove any of the following materials or
equipment without Landlord's prior written consent: any free standing signs, any
power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes,
blinds or other window coverings; carpets or other floor coverings; or other similar
building operating equipment and decorations), broom cleaned and in good
condition and repair, reasonable wear and tear excepted, Tenant shall remove all
its property not required to be surrendered to Landlord before surrendering the
Premises and shall repair any damage to the Premises caused thereby. Any
personal property remaining in the Premises at the expiration of the Lease shall be
deemed abandoned by Tenant, and Landlord may claim the same and shall in no
circumstance have any liability to Tenant therefore. If physical alterations were
done by Tenant, Landlord, at its option, may require Tenant to return Premises to
its original condition (condition at occupancy) when Tenant vacates Premises, Upon
termination, Tenant shall also surrender all keys for the Premises to Landlord and, if
applicable, inform Landlord of any combinations of locks or safes in the Premises,
If the Premises are not surrendered at the end of the term as herein above set out,
Tenant shall indemnify Landlord against loss or liability resulting from delay by
C\DOCUME- J \CMCFJ\LOCALS-l \TEMP\NOTESEl EF34\ TAVERN LEASE,DOC
4
Tenant in so surrendering the Premises, including without limitation, claims made
by the succeeding Tenant founded on such delay, Tenant's obligation to observe or
perform this covenant shall survive the expiration or other termination ofthe term
of this lease.
12. INSPECTION Tenant will permit Landlord, or its representative, to enter
the Premises, upon reasonable notice to Tenant, without charge thereofto Landlord
and without diminution of the rent payable by Tenant, to examine, inspect and
protect the same, and to make such alterations and/or repairs as in the judgment
of landlord may be deemed necessary, or to exhibit the same to prospective
Tenants during the last one hundred twenty (120) days of the term of this Lease,
13. INSOLVENCY OR BANKRUPTCY OF TENANT In the event Tenant makes
an assignment for the benefit of creditors, or a receiver of Tenant's assets is
appointed, or Tenant files a voluntary petition in any bankruptcy or insolvency
proceeding, or an involuntary petition in any bankruptcy or insolvency proceeding is
filed against Tenant and the same is not discharged within sixty (60) days, or
Tenant is adjudicated as bankrupt, Landlord shall have the option of terminating
this Lease, Upon such written notice being given by landlord to Tenant, the term
of this Lease shall, at the option of Landlord, end and Landlord shall be entitled to
immediate possession of the Premises and to recover damages from Tenant in
accordance with the provisions of Article 1 7 hereof,
14, TRANSFER OF LANDLORD'S INTEREST Landlord shall have the right to
convey, transfer or assign, by sale or otherwise, all or any part of its ownership
interest in the property, including the Premises, at any time and from time to time
and to any person, subject to the terms and conditions ofthis Lease, All covenants
and obligations of Landlord under this Lease shall cease upon the execution of such
conveyance, transfer or assignment, but such covenants and obligations shall run
with the land and shall be binding upon the subsequent owner(s) thereof or of this
lease during the periods of their ownership thereof.
15, ESTOPPEL CERTIFICATE Tenant agrees, at any time, and from time to
time, upon not less than ten (10) days' prior notice by Landlord, to execute,
acknowledge and deliver to Landlord, a statement in writing addressed to Landlord
or other party designated by Landlord certifying that this Lease is in full force and
effect (or, if there have been modifications, that the same is in full force and effect
as modified and stating the modifications), stating the actual commencement and
expiration dates of the Lease, stating the dates to which rent, and other charges, if
any, have been paid, that the Premises have been completed on or before the date
of such certificate and that all conditions precedent to the Lease taking effect have
been carried out, that Tenant has accepted possession, that the Lease term has
commenced, Tenant is occupying the Premises and is open for business, and
stating whether or not there exists any default by either party contained in this
Lease, and if so specifying each such default of which the signer may have
knowledge and the claims or offsets, if any, claimed by Tenant; it being intended
that any such statement delivered pursuant hereto may be relied upon by landlord
or a purchaser of Landlord's interest and by any mortgagee or prospective
mortgage of any mortgage affecting the Premises, If Tenant does not deliver such
statement to Landlord within such ten (10) day period, Landlord may conclusively
presume and rely upon the following facts: (i) that the terms and provisions of this
Lease have not been changed except as otherwise represented by Landlord; (ij) that
this lease has not been canceled or terminated except as otherwise represented by
Landlord; (Hi) that not more than one (1) month's minimum rent or other charges
have been paid in advance; and (iv) that landlord is not in default under the Lease;
and (v) no disputes exist, In such event Tenant shall be estopped from denying the
truth of such facts, Tenant shall also, on ten (10) days' written notice, provide an
agreement in favor of and in the form customarily used by such encumbrance
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5
holder, by the terms of which Tenant will agree to give prompt written notice to any
such encumbrance holder in the event of any casualty damage to the Premises or in
the event of any default on the part of Landlord under this Lease, and will agree to
allow such encumbrance holder a reasonable length of time after notice to cure or
cause the curing of such default before exercising Tenant's right of self-help under
this Lease, if any, or terminating or declaring a default under this Lease,
16, DAMAGE TO THE PREMISES Ifthe Building orthe Premises shall be partially
damaged by fire or other cause without the fault or neglect of Tenant, its agents,
employees or invitees, Landlord shall diligently and as soon as practicable after
such damage occurs repair such damage at the expense of Landlord, provided,
however, that if the Building is damaged by fire or other cause to such extent that
the damage cannot be fully repaired within ninety (90) days from the date of such
damage, Landlord or Tenant, upon written notice to the other, may terminate this
Lease, in which event the rent shall be apportioned and paid to the date of such
damage, During the period that Tenant is deprived of the use of the damaged
portion of Premises, Tenant shall be required to pay rental covering only that part
of the Premises that Tenant is able to occupy, and Rent for such occupied space
shall be the total rent divided by the square foot area of the Premises and
multiplied by the square foot area that the Tenant is able to occupy,
17, DEFAULT OF TENANT If Tenant shall fail to pay any monthly installment of
Rent and/or as required by this Lease, or shall violate or fail to perform any of the
other conditions, covenants or agreement on its part contained in this Lease and
such failure to pay Rent or such violation or failure shall continue for a period often
(10) days after the due date of such payment or after written notice of any such
violation or failure to perform by Tenant, then and in any of such events this Lease
shall, at the option of Landlord, cease and terminate upon at least ten (10) days'
prior written notice of such election to Tenant by Landlord, and if such failure to
pay rent or such violation or failure shall continue to the date set forth in such
notice of termination, then this Lease shall cease and terminate without further
notice to quit or of Landlord's intention to re-enter, the same being hereby waived,
and Landlord may proceed to recover possession under and by virtue of the
provisions of the laws of Virginia, or by such other proceedings, including re-entry
and possession, as may be applicable, If Landlord elects to terminate this Lease,
everything herein contained on the part of Landlord to be done and performed shall
. cease without prejudice, however, to the right of Landlord to recover from the
Tenant all rental accrued up to the time oftermination or recovery of poss,ession by
Landlord, whichever is later, Should this Lease be terminated before the expiration
of the term of this Lease by reason of Ten ant's default as hereinabove provided, or
if Tenant shall abandon or vacate the Premises before the expiration ortermination
ofthe term ofthis Lease, Landlord shall use its best efforts to relet the Premises on
the best rental terms reasonably available under the circumstances and if the full
rental hereinabove provided shall not be realized by Landlord, Tenant shall be liable
for any deficiency in rent, Any damage or loss of rental sustained by Landlord may
be recovered by Landlord, at Landlord's option, at the time of the reletting, or in
separate actions from time to time, as such damage shall have been made more
easily ascertainable by successive relettings, or at Landlord's option, may be
deferred until the expiration of the term of this Lease in which event the cause of
action shall not be deemed to have accrued until the date of expiration of such
term. The provisions contained in this paragraph shall not prohibit any claim
Landlord may have against Tenant for anticipatory breach of the unexpired term of
this Lease,
18, CONDEMNATION If any part ofthe Building or a substantial part of the
Premises shall be taken or condemned by any governmental authority for any public
or quasi-public use or purpose (including sale under threat of such a taking) then
the term of this Lease shall cease and terminate as of the date when title vests in
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6
such governmental authority, and the annual rental shall be abated on the date
when such title vests in such governmental authority, If less than a substantial part
of the common area of the Premises is taken orcondemned by any governmental
authority for any public or quasi-public use or purpose, the rent shall be equitably
adjusted on the date when title vests in such governmental authority and the Lease
shall otherwise continue in full force and effect, Tenant shall have no claim against
Landlord (or otherwise) for any portion of the amount that may be awarded as
damages as a result of any governmental taking or condemnation (or sale under
threat of such taking or condemnation) or for the value of any unexpired term of
the Lease, For purposes of this Article 18, a substantial part of the Premises shall
be considered to have been taken if more than fifty percent (50%) of the Premises
are unusable by Tenant.
19, COVENANTS OF LANDLORD Landlord covenants that it has the right to
make this Lease for the term aforesaid, and that if Tenant shall pay the Rent and
perform all ofthe covenants, terms and conditions ofthis Lease to be performed by
Tenant, Tenant shall, during the term hereby created, freely, peaceably and quietly
occupy and enjoy the full possession of the Premises without molestation or
hindrance by Landlord or any party claiming through or under Landlord,
20, NO PARTNERSHIP nothing contained in this Lease shall be deemed or
construed to create a partnership or joint venture of or between the Landlord and
Tenant, or to create any other relationship between the parties hereto other than
that of Landlord and Tenant,
21. BROKER'S COMMISSION Tenant represents and warrants that it has
incurred no claims or finder's fees in connection with the execution of this Lease,
22, NOTICES All notices or other communications hereunder shall be in writing
and shall be deemed duly given if delivered in person or by certified or registered
mail, return receipt requested, first-class postage prepaid, (i) if to Landlord at City
of Roanoke, 117 Church Avenue, Roanoke, Virginia 24011, Attention: Director of
Economic, and (ii) if to Tenant, at 32 Market Sauare. SE, unless notice of a change
of address is given pursuant to the provisions of this Article,
23, HOLDING OVER In the event that Tenant shall not immediately surrender
the Premises on the date of expiration ofthe term hereof, Lease shall automatically
renew itself month to month, at twice the Rent rate for the last year of the Lease
plus all other charges accruing under this Lease, and subject to all covenants,
provisions and conditions herein contained, Landlord and tenant shall both have
the right to terminate the holdover tenancy upon thirty (30) days written notice,
Tenant shall not interpose any counterclaim(s) in a summary proceeding or other
action based on holdover.
24, BENEFIT AND BURDEN The provisions of this Lease shall be binding upon,
and shall inure to the benefit of, the parties hereto and each of their respective
representatives, successors and assigns,
25. GENDER AND NUMBER Feminine or neuter pronouns shall be substituted for
those of the masculine form, and the plural shall be substituted for the singular
number, in any place or places herein in which the context may require such
substitution,
26, ENTIRE AGREEMENT This Lease, together with any exhibits attached
hereto, contains and embodies the entire agreement of the parties hereto, and
representations, inducements or agreements, oral or otherwise, between the parties
not contained in this Lease and exhibits, shall not be of any force or effect, This
Lease may not be modified, changed or terminated in whole or in part in any
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manner other than by an agreement in writing duly signed by both parties hereto,
27, INVALIDITY OF PARTICULAR PROVISIONS If any provision of this Lease or
the application thereof to any person or circumstances shall to any extent be invalid
or unenforceable, the remainder of this Lease, or the application of such provisions
to persons or circumstances other than those as to which it is invalid or
unenforceable, shall not be affected thereby, and each provision of this Lease shall
be valid and be enforced to the fullest extent permitted by law,
28, HAZARDOUS SUBSTANCES Tenant covenants and warrants that Tenant,
and Tenant's use of Premises and any alterations thereto will at all times comply
with and conform to all laws, statues, ordinances, rules and regulations of any
governmental, quasi-governmental or regulatory authorities ("Laws") which relate to
the transportation, storage, placement handling, treatment, discharge, generation,
removal production or disposal (collectively ''Treatment'') of any waste petroleum
product, waste products, radioactive waste, Polychlorinated Biphenyls (PCB),
asbestos, lead-based paint, or other hazardous materials of any kind, and any
substance which is regulated by any law, statute, ordinance, rule or regulation
(collectively "Waste"), Tenant further covenants and warrants that it will not engage
in or permit any person or entity to engage in any Treatment of any Waste on or
which affects the Premises,
Immediately upon receipt of any Notice (as hereinafter defined) from any person or
entity, Tenant shall deliver to Landlord a true, correct and complete copy of any
written Notice, "Notice" shall mean any note, notice or report of any suit,
proceedings, investigation, order, consent order, injunction, writ, award or action
related to or affecting or indicating the Treatment of any Waste in or affecting the
Premises,
Tenant hereby agrees it will indemnify, defend, save and hold harmless Landlord
and Landlord's officers, directors, shareholders, employees, agents, partners, and
the respective heirs, successors and assigns (collectively "Indemnified Parties")
against and from, and to reimburse the Indemnified Parties with respect to, any and
all damages, claims, liabilities, loss, costs and expense (including, without
limitation all attorney's fees and expenses, court costs, administrative costs and
costs of appeals), incurred by or asserted against the Indemnified Parties by reason
of or arising out of: (a) the breach of any representation or undertaking of Tenant
under this section or (b) arising out of the Treatment of any waste by Tenant or any
licensee, concessionaire, manager or other party occupying or using the Premises,
Landlord is given the right, but not the obligation, to inspect and monitor the
Premises and Tenant's use ofthe Premises, including the right to review paperwork
associated with Treatment activities in order to confirm Tenant's compliance with
the terms of this Section, Landlord may require that Tenant deliver to landlord
concurrent with Tenant's vacating the Premises upon the expiration of this lease,
or any earlier vacation of the Premises by Tenant, at Tenant's expense, a certified
statement by licensed engineers satisfactory to the Landlord, in form and substance
satisfactory to Landlord, stating that Tenant, and any alterations thereto and
Tenant's use of the Premises complied and conformed to all Laws relating to the
Treatment of any Waste in or affecting the Premises, ,
Tenant agrees to deliver upon request from landlord estoppel certificates to
landlord expressly stipulating whether Tenant is engaged in or has engaged in the
Treatment of any Waste in or affecting the Premises, and whether Tenant has
caused any spill, contamination, discharge, leakage, release or escape of any Waste
in or affecting the Premises, whether sudden or gradual, accidental or anticipated,
or any other nature at or affecting the Premises and whether, to the best of the
Tenant's knowledge, such an occurrence has otherwise occurred at or affecting the
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Premises.
29, INSURANCE Prior to the delivery of possession of the Premises to
Tenant, Tenant shall provide Landlord evidence satisfactory to Landlord (i) that fire
and casualty and workers' compensation policies in amount and in form and
content satisfactory to Landlord have been issued by a company or companies
satisfactory to Landlord and will be maintained throughout the course of Tenant's
work at Tenant's cost and expense and (ij) that Tenant has complied with the
comprehensive liability insurance requirements set forth in the following paragraph,
Tenant will, at all times commencing on the date of delivery of possession of the
Premises to Tenant, at its own cost and expense, carry with a company or
companies, satisfactory to Landlord, comprehensive general liability insurance
including public liability and property damage, in a form satisfactory to Landlord,
on the Premises, with the combined single liability limits of not less than One
Million Dollars ($1,000,000,00) per occurrence, which insurance shall be written or
endorsed so as to protect Landlord, its officers, agents and employees as additional
insureds, The Tenant agrees that the above stated limits and coverages are
minimum limits and coverages, and that Tenant shall provide such additional
insurance as set forth above, in such amounts and against such risk as may be
required in the Landlord's sole but reasonable judgment, to equal the amounts and
types of coverages carried by prudent owners and operators of properties similar to
the Building, Tenant shall increase such limits at its discretion or upon reasonable
request of Landlord but not more often than once every year and such increases
shall not be in excess of generally accepted standards in the industry. Tenant
covenants that certificates of all of the insurance policies required under this Lease,
and their renewal or replacement, shall be delivered to Landlord promptly without
demand upon the commencement of the term of this Lease and upon each renewal
of the insurance, Such policy or policies shall also provide that it shall not be
cancelled nor shall there by any change in the scope or amount of coverage of the
policy without thirty (30) days prior written notice to Landlord, If same is not
provided with ten (10) days after demand, Landlord is authorized to secure such
policy from such companies as it deems appropriate and collect from Tenant in
such a manner as it deems appropriate the cost of the premium,
30,
(a)
SECURITY DEPOSIT
AMOUNT OF DEPOSIT Tenant will deposit a sum equal to the amount of the
rent in the last month of the Lease with the Landlord before the
commencement of this Lease. Such deposit shall be held by Landlord,
without liability for interest, as security for the faithful performance by
Tenant of all of the terms, covenants and conditions of the Lease by Tenant
to be kept and performed during the term hereof. If at any time during the
term of this Lease any of the rent herein reserved shall be overdue and
unpaid, or any other sum payable by Tenant to Landlord hereunder shall be
overdue and unpaid, the Landlord may, at the option of Landlord, appropriate
and apply any portion of such deposit to the payment of any such overdue
rent or other sum,
(b)
USE AND RETURN OF DEPOSIT In the event of the failure of Tenant to
keep and perform any of the terms, covenants, and conditions of this Lease
to be kept and performed by Tenant, then the Landlord at its option may
appropriate and apply the entire such deposit, or so much thereof as may be
necessary, to compensate the Landlord for loss of damage sustained or
suffered by Landlord due to such breach on the part of Tenant, Should the
entire deposit, or any portion thereof, be appropriated and applied by
Landlord for the payment of overdue rent or other sums due and payable to
Landlord by Tenant hereunder, then Tenant shall, upon the written demand
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9
of Landlord, forthwith remit to Landlord a sufficient amount in cash to
restore such security to the original sum deposited, and Tenant's failure to
do so within five (5) days after receipt of such demand shall constitute a
breach of this Lease, Should Tenant comply with all of such terms, covenants
and conditions and promptly pay the entire rental herein provided for as it
falls due, and all other sums payable by Tenant to Landlord hereunder, such
deposit shall be returned in full to Tenant at the end of the Lease Term or
upon the earlier termination of this Lease,
31, INDEMNIFICATION Tenant agrees to save and to protect, indemnify and
hold Landlord harmless from and against and to reimburse Landlord from any and
all liabilities, damages, costs, expenses, including, without limitation, reasonable
attorneys' fees, causes of action, suits, claims, demands, or judgments of any
nature whatsoever arising from injury to or death of persons or damages to
property resulting from Tenant's use ofthe Premises caused by any act or omission,
whether intentional or otherwise, of Ten ant or its employees, servants, contractors
or agents,
32, COMPLIANCE WITH LAWS AND REGULATIONS Tenant agrees to and will
comply with all applicable federal, state and local laws, ordinances and regulations,
Tenant acknowledges and agrees that it will dispose of trash and grease in the
containers designated by the Landlord for such disposal and not dispose of such
substances in a manner that would violate applicable federal, state and local laws,
ordinances or regulations,
33, FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this
Lease, Tenant submits itself to a court of competent jurisdiction in the City of
Roanoke, Virginia, and further agrees that this Lease is controlled by the laws of the
Commonwealth of Virginia and that all claims, disputes, and other matters shall
only be decided by such court according to the laws of the Commonwealth of
Virginia,
34, FORCE MAIEURE In the event that either party hereto shall be delayed or
hindered in or prevented from the performance of any act required hereunder by
reason of strikes, lockouts, labor troubles, inability to procure materials, failure of
power, restrictive governmental laws or regulations, riots, insurrection, war, or
other reason of a like nature not the fault of the party delayed in performing the
work or doing acts required under the terms ofthis Lease, then the time allowed for
performance for such act shall be extended by a period equivalent to the period of
such delay, The provisions of this Section shall not operate to excuse Tenant from
the prompt payment of rent, Common Area Maintenance Fee or any other payments
required by the terms of this Lease,
35, EOUAL EMPLOYMENT OPPORTUNITY: During the performance of this
Agreement, Tenant agrees as follows:
(a) Tenant will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age,
disability, or any other basis prohibited by state law relating to discrimination
in employment, except where there is a bona fide occupational qualification
reasonably necessary to the normal operation of its business, Tenant agrees
to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination
clause.
(b) Tenant, in all solicitations or advertisements for employees placed by or on
behalf of Tenant, will state that Tenant is an equal opportunity employer,
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10
(c) Tenant will include the provisions of the foregoing subsections (a) and (b) in
every contract or purchase order of over ten thousand dollars and no cents
($10,000.00) so that the provisions will be binding upon each contractor or
vendor.
36, DRUG-FREE WORKPLACE:
(a) During the performance of this Agreement, Tenant agrees to (i) provide a
drug-free workplace for its employees; (ij) post in conspicuous places,
available to employees and applicants for employment, a statement notifying
employees that the unlawful manufacture, sale, distribution, dispensation,
possession, or use of a controlled substance or marijuana is prohibited in the
workplace and specifying the actions that will be taken against employees for
violations of such prohibition; (iii) state in allsolicitations or advertisements
for employees placed by or on behalf of Tenant that Tenant maintains a
drug-free workplace; and (iv) include the provisions of the foregoing clauses
in every subcontract or purchase order of over $10,000, so that the
provisions will be binding upon each subcontractor or vendor,
(b) For the purposes of this section, "drug-free workplace" means a site for the
performance of work done in connection with a specific contract awarded to a
contract awarded to a contractor, the employees of whom are prohibited
from engaging in the unlawful manufacture, sale, distribution, dispensation,
possession or use of any controlled substance or marijuana during the
performance of the Agreement.
37, RULES AND REGULATIONS Tenant agrees to comply and adhere to
Landlord's rules and regulations concerning the Building as stated in the attached
Exhibit "0" attached hereto and made part of this Lease
38. SIGNAGE Tenant agrees to comply and adhere to Landlord's regulations
concerning signage as stated in the attached Exhibit "E" attached hereto and made
part of this Lease,
39, GUARANTY By virtue of entering into this Lease, Tenant agrees to have
executed the Guaranty contained in Exhibit "F" attached hereto and made part of
· this Lease, Such Guarantor(s) shall first be approved by Landlord in writing, Tenant
agrees to provide information concerning Guarantor(s) to Landlord upon' request.
40, LIABILITY OF LANDLORD Landlord shall not be liable to Tenant, its
employees, agents, business invitees, licensees, customers, clients, family
members, guests or trespassers from any damage, compensation or claim arising
from the necessity of repairing any portion of the Building, the interruption in the
use of the Premises, accident or damage resulting from the use or operation
(Landlord, Tenant, or any other person or persons whatsoever) of elevators, or
heating, cooling, electrical or plumbing equipment or apparatus, orthe termination
of this Lease by reason of the destruction ofthe Premises, or from any fire, robbery,
theft, and/or any other casualty, or from any leakage in any part or portion of the
Premises or the Building, or from water, rain or snow that may leak into, or flow
from, any part of the Premises or the Building, or from drains, pipes or plumbing
work in the Building, or from any other cause whatsoever, Any goods, property or
personal effects, stored or placed by Tenant in or about the Premises or Building,
shall 'be at the risk of Tenant, and Landlord shall not in any manner be held
responSible therefore, The employees of Landlord are prohibited from receiving
any packages or other articles delivered to the Building for Tenant, and if any such
employee receives any such package or articles, such employee shall be the agent
of the Tenant and not of Landlord,
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Witness Signature
Witness Printed Name
Witness Signature
Witness Printed Name
Witness Signature
Witness Printed Name
Witness Signature
Witness Printed Name
LANDLORD:
CITY OF ROANOKE
By:
Print Name: Darlene Burcham
Title: City Manaqer
TENANT:
By:
Pri n t N am e : _________________________
Title: President. Owner
SS#:
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EXHIBIT A
FLOOR PLAN
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EXHIBIT B
COMMON AREAS FLOOR PLAN
Attach here
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EXHIBIT C
MENU
Attach here if Food Court Tenant
Intentionally Omitted
EXHIBIT D
RULES AND REGULATIONS
1. All trash must be kept in a covered container, or if requested by Landlord,
in a Dumpster or similar container furnished and serviced at Tenant's
expense,
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15
2, Tenant shall keep lights on in show windows, leased food court space and
lights on under marquee, if any, from 10:00 a,m, until 6:00 p,m.
3, Tenant agrees to handle all deliveries and refuse through the Salem
Avenue entrance (if one) of the Premises,
4. No sign shall be permanently affixed to the plate glass of any window
without prior written consent of Landlord,
5, No solicitation material shall be displayed inside the building or affixed to
the exterior of the building..
6. Tenant shall keep Premise's, windows and window frames clean (inside and
out) at all times and wash them weekly,
7, Tenant shall keep Premises' floors free of trash, chewing gum and other
debris, and shall scrub and wax all tile or plastic flooring at least weekly,
8, Tenant is responsible for the replacement of light bulbs in its space
9, Tenant is responsible for the replacement of air-filters and the monthly
maintenance of their exhaust fans in its Premises by a licensed contractor
on a basis predetermined by the Landlord,
10, Tenant shall be responsible for breaking down and having all cardboard
boxes ready for pick up,
11, (Applies only to Food Court Vendors) Providing the availability of space for
the purpose of storage, Landlord will allocate equally among all food
vendors a set amount of space for the storage of a freezer or a
refrigerator, food items and paper products, Items must be stored in
accordance with Health and Fire codes, No restaurant equipment (unused
or in disrepair) is to be stored in the area under any circumstances, Any
prohibited items stored in this area will be removed at Tenant's expense,
Tenant's not maintaining their own storage space per Health and Fire code
requirements will be assessed a $100,00 fee per occurrence, If a Tenant's
space is in violation more than three times in a given year, Landlord will
rescind Tenant's option to use available space,
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EXHIBIT E
SIGN REGULATION
No sign, advertisement or notice shall be inscribed, painted, affixed or displayed
on walls, windows, or any part of the outside or the inside of the Building
including the directories, in place, number, size, color and style, unless
approved by Landlord, If Tenant nevertheless exhibits such sign, advertisement
or notice, Landlord shall have the right to remove the same and Tenant shall be
liable for any and all expenses incurred by Landlord by such removal. Tenant
further agrees to maintain such sign, canopy, decoration, lettering, advertising
matter or other thing as may be approved in good condition and repair at all
times, Landlord shall have the right to prohibit any advertisement of Tenant
which in its opinion tends to impair the reputation of the Building or its
desirability as a high-quality festival marketplace for retail stores or food related
businesses, other institutions of like nature, and, upon written notice from
Landlord, Tenant shall immediately refrain from and discontinue any such
advertisement,
EXHIBIT F
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17
GUARANTY
PERSONAL GUARANTEE
Intentionallv Omitted
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
City/County of Roanoke, Commonwealth/State of
Virginia, ,Sworn and subscribed, before me 'this
~~~day of July 2008, Witness my hand and
bffici'al seal, ~
_~ ~_ _ '_____ Notar P blic
My c,ommi s S'~XPi, ________LCJ:~l-_ll___ '
I
I
I
I
I
I
I
I
I
I
I : NOTICE OF PUBLIC
CITY i:! ~,,~. >{(,,-, Ii I'L riq P!41~d'MRING
--1'[" vo._'-'c.~{:rn:e''e:fH.lorRoanoke ,
( h d . d) h' d 'I pro po s e s to I e a s'e '
I, t e un ers1gne an aut or1ze representat1ve a'pproxlmately1394,42 I
h T ' 1 dC' h' h 'I 'square feet of City-owned i
of t e 1mes -Wor orporat1on, w 1C corporat1on ;propertylocated in the
bl' h f th R k T' d '1 I Roanoke City Market
is pu 1S er 0 e oano elmes, a a1 y !Bullding, located at32
newspaper published in Roanoke in the State of I MarketSquare,toC.Roger
, lamm, III, to be used as a
Virginia, do certify that the annexed notice was I Hestaurant, for a'one-year
published in said newspapers on the following I Iter~'ur,suant to the
I requirements of
dates: 1~~15.2-1800 and
I 15.2,1813, Code of Virginia
1(1950) as amended, notice
I lis hereby given that the City
,Council of the City of
I 'Roanoke will hold a public
hearing on the above matter
I 'at its regular meeting to be
,held on August 4, 2008,
I : commencing at 2:00 p,m., In
I the Council Chambers, 4th
, Floor, Noel C, Taylor'
I I Municipal 8ullding, 215
IChurch Avenue, S.W.,
I Roanoke, Virginia, 24011,
IFurther information Is
I available from the Office of
I the City Clerk for the City of.
I 'I Roanoke at (540) 853-2541.
, Citizens shall have the,
I I opportunity to be heard a, nd
express their opinions on
I said matter,
If you are a person with a
I disability who needs
accommodations for this I
\ \ \ \ , , II I , ii, . I hearing, please contact the f
, '" A ., I City Clerk's Office at {540l
", ~\'O, Lq 1_ I, 853,2541, before 12:00 i
", ~\- ..',..... r ~ ''', I noon on July 31, 2008,
....' rh~."" NOTARY" ...-"'t-''.... I GIVEN under my hand this
...., T" I o,22nd day of July, 2008.
:: : PUBLIC " -:. Stephanie M. Moon, CMC
- . I City Clerk,
... * .: REG. #7090930 ':. * =_ I
(11iro~386)
: : MY COMMISSION: = I
-:. C? '. I?\'RES : "<:' -
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TOTAL COST: 168,OO"v/f;tr, ...... ~'\'<,',
FILED ON:, 07/26/08 ""lll~~~l~~'?~\\"" i' ,
---------------------~---~~-----------------------+------------------------
, , ,
OFFICE OF ECONOMIC
117 CHRUCH AVE
ROANOKE VA 24011
DEVELOPMENT
REFERENCE:
80084300
11002386
Tavern on the Market
State of Virginia
City of Roanoke
,. ,'. i:-;>
PUBLISHED ON:
07/26
Authorized ~ ~
s1gnat~~~'-i~/f~~,-
,..:Rilling Services Representative
~~G
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to lease approximately 1394.42 square feet of City-owned
property located in the Roanoke City Market Building, located at 32 Market Square, to C, Roger
Lamm, III, to be used as a restaurant, for a one-year term,
Pursuant to the requirements of SS15,2-1800 and 15.2-1813, Code of Virginia (1950) as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a public j
hearing on the above matter at its regular meeting to be held on August 4,2008, commencing at 2:00
p,m., in the Council Chambers, 4th Floor, Noel C, Taylor Municipal Building, 215 Church Avenue,
S, W" Roanoke, Virginia, 24011. Further information is available from the Office ofthe City Clerk
for the City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard arid express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on July 31,2008.
GWEN under my hand this 22ndday of July, 2008,
Stephanie M, Moon, CMC
City Clerk.
Notice to Publisher:
Publish in the Roanoke Times on Saturday, July 26,2008,
Send affidavit to:
Stephanie M, Moon, CMC, City Clerk
215 Church Avenue, S,W" Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send Bill to:
Brian Brown
Economic Development Administrator
117 Church Avenue, S, W,
Roanoke, Virginia 24011
(540) 853-2715
~1.\
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
August 4, 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 Carder, Executive Director
of Downtown Roanoke Incorporated, to provide City Council its annual
report on activities in downtown.
Respectfully submitted,
Darlene L. Bur
City Manager
DLB:jb
c: City Clerk
City Attorney
Director of Finance
',-
..r. ,
-'
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S, W" Suite 456
Ro~noke, 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
August 5, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38172-080408 appropriating
funds from the Commonwealth of Virginia for the Rescue Squad Assistance
Fund Grant, 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, August 4, 2008, and is in full
force and effect upon its passage.
Sincerely,
· tn. ~tYV
Stephanie M. Moon, CMC
City Clerk
,
SMM:ew
Atta(hment
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Sherman M. Stovall, Director of Management and Budget
James Grigsby, Assistant City Manager for Operations
H. David Hoback, Fire-EMS Chief
iX
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of August, 2008.
No. 38172-080408.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
for the Rescue Squad Assistance Fund (RSAF) 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
Other Equipment (Defibrillator)
Revenues
RSAF - Defibrillator - State FY09
RSAF - Defibrillator - Local FY09
35-520-3548-9010
$ 38,160
35-520-3548-3548
35-520-3548-3549
19,080
19,080
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with,
City Clerk. .... 111. ~ M,.,
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
August 5, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38171-080408 accepting the Rescue
Squad Assistance Fund grant made to the City of Roanoke by the Virginia
Department of Health, Office of Emergency Medical Services, in the amount of
$19,080.00, upon all the terms, provisions and conditions relating to the
receipt of such funds, 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, August 4, 2008.
Sincerely,
~m fYJ~
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
James Grigsby, Assistant City Manager for Operations
H. David Hoback, Fire-EMS Chief
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Jhe 4th day of August, 2008.
No. 38171-080408.
A RESOLUTION accepting the Resc~le Squad Assistance Fund (RSAF) grant made to
the City by the Virginia Department of Health, Office of Emergency Medical 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 Rescue Squad Assistance Fund
(RSAF) grant made to the City by the Virginia Department of Health, ,Office of Emergency
Medical Services, in the amount of $19,080,00 upon all the terms, provisions and conditions
relating to the receipt of such funds, The grant, which requires a $19,080.00 local match by the
City, is more particularly described in the letter of the City Manager to Council, dated August 4,
2008,
2, The City Manager and the City Clerk are hereby authorized to execute, seal, and
attest, respectively, any grant agreement and all necessary documents required to obtain, accept,
implement, administer, and use 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:.. '
I', ..
~?n. iYIo~
City Clerk. \ . . l
-7972187,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
August 4, 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:
Rescue Squad Assistance
Fund Grant Acceptance
Background:
The Virginia Department of Health, Office of Emergency Medical Services
administers a Rescue Squad Assistance Fund (RSAF) grant program that is
awarded twice annually. Roanoke Fire-EMS applied in 2008 for this grant in
order to purchase defibrillators.
In July 2008, the State Office of Emergency Medical Services awarded
Roanoke Fire-EMS a grant of $19,080 towards the purchase of
defibrillators. The grant requires a $19,080 local match. Sufficient
matching funding for this grant is available in Local Match Funding for
Grants (35-300-9700-5415) and will be transferred to. account 05-520-
3548-3549). The State grant funds will be placed in account (35-520-3548-
3548).
Considerations:
City Council action is needed to formally accept and appropriate these
funds, and authorize the Director of Finance to establish revenue estimates
and appropriations to purchase the equipment and supplies in accordance
with provisions of this grant.
Honorable Mayor and Members of City Council
August 4, 2008
Page 2
Recommended Action:
Adopt the accompanying resolutions accepting this grant and authorize the
City Manager to execute any required grant agreements or documents,
such to be approved as to form by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate
for State RSAF funding of $19,080 and transfer funding in the amount of
$19,080 from Local Match Funding for Grants (35-300-9700-5415), and to
appropriate total funding of $38,160 in an account to be established in the
Grant Fund by the Director of Finance.
Respectfully submitted,
Darlene L. B cham
City Manager
DLB:TB
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
James Grigsby, Assistant City Manager for Operations
H. David Hoback, Fire-EMS Chief
CM08-00 11 7
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S, W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N, HARTMAN, CMC
Deputy City Clerk
CECELIA R, TYREE
Assistant Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
August 5, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution, No. 38173-080408 requesting that the
Virginia Department of Rail and Public Transportation, and the Commonwealth
Transportation Board accelerate funds for and implementation of the
TransDominion Express passenger rail service between Roanoke and
Washington, D.C., in the 2008 Statewide Rail Plan.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 4, 2008.
Sincerely,
· M. mOhV
Stephanie M. Moon, CMC (
City Clerk
SMM:ew
Attachment
pc: Virginia Department of Rail and Public Transportation, Richmond Office
Headquarters, 1 31 3 East Main Street, Suite 300, Richmond, Virginia
23219
David S. Ekern, Commissioner, Commonwealth Transportation Board,
1401 East Broad Street, Richmond, Virginia 23219
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
Robert K. Bengtson, P.E., Director of Public Works
Mark D. Jamison, P.E., PTOE, Transportation Division Manager
t \ 0<1,
\~o\
"\
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 4th day of August, 2008.
No. 38173-080408.
A RESOLUTION requesting that the Virginia Department of Rail and Public Transportation,
and the Commonwealth Transportation Board accelerate funding for and implementation of the
TransDominion Express passenger rail service between Roanoke and Washington, D. c., in the 2008
Statewide Rail Plan,
WHEREAS, from the City of Roanoke's founding in the late 1800's through the 1970's,
passenger rail has been an integral part of Roanoke's rail heritage and history;
WHEREAS, Roanoke has been anxious to restore passenger rail service for many years;
WHEREAS, Roanoke's Vision 2001-2020 comprehensive plan identifies the need to pursue
passenger rail service, emphasizing regional transportation planning, compact urban development,
discouraging sprawl and emphasizing multi-modal forms of transportation;
WHEREAS, expansion of passenger rail service to Roanoke is necessary to offer an efficient
transportation alternative to the population of the region;
WHEREAS, the former N & W Railway passenger station in downtown Roanoke awaits the
expansion of passenger service and is situated to provide interconnectivity to other modal choices;
WHEREAS, passenger rail service is a proven engine of economic development and growth,
causing property values to rise along with flourishing retail activity;'
WHEREAS, the environmental benefits of people in trains rather than automobiles is proven,
and passenger rail is another means through which Roanoke can broaden its efforts through Local
Governments for Sustainability;
R-Endorsing DRPT 2008 Statewide Rail Plan,doc
1
WHEREAS, Virginia's long-range planning must recognize a rail system that includes both'
railroad freight and passenger rail;
WHEREAS, the Virginia Department of Rail and Public Transportation is presently hosting
public meetings throughout Virginia for the public review and comment on the 2008 Statewide Rail
Plan;
WHEREAS, the TransDominion Express is a component of the draft Statewide Rail Plan that
will expand passenger rail service to Roanoke; and
WHEREAS~ operating costs for intercity passenger rail service must be paid for by the state
rather than the localities, just as the state funds the interstate highway program.
THEREFORE, BE IT RESOL\{ED by the Council ofthe City of Roanoke that:
1, The City hereby endorses and requests that the Virginia Department of Rail and
Public Transportation, and the Commonwealth Transportation Board accelerate funding for and
implementation of the TransDominion Express passenger rail service between Roanoke and
Washington, D,C., in the 2008 Statewide Rail Plan,
2, The City Clerk is directed to forward a copy of this resolution to the appropriate
officials at the Virginia Department of Rail and Public Transportation and the Commonwealth
Transportation Board,
ATTEST:
CitY Clerk
M..~~
R-Endorsing DRPT 2008 Statewide Rail Plan.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
August 4, 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: The Virginia Department of
Rail & Public Transportation
2008 Statewide Rail Plan
Background:
The Virginia Department of Rail and Public Transportation (DRPT) is developing the
2008 Statewide Rail Plan to provide a clear vision and strategy to address rail needs
in Virginia. The plan, currently in draft form, outlines proposed projects designed
to meet Virginia's goals for the efficient and effective movement of people and
goods through passenger and freight rail transportation. The plan describes
Virginia's current rail system along with the challenges facing the system today,
such as the increasing demand for freight and passenger service, population
growth, capacity limits and quality of life issues such as the increase in fuel prices
and the decline in air quality.
"
The draft plan proposes several projects to address rail needs in Virginia. The
projects identified in the plan are arranged into four categories: (1) Class I and
Shortline Railroad, (2) Port of Hampton Roads, (3) Passenger Rail Initiatives, and (4)
High-Speed Rail Initiatives, which together represent $4.9 billion in potential rail
investments. Included within the passenger rail initiatives category is the proposed
TransDominion Express (TDX) which envisions passenger rail service from Bristol
through Roanoke to Lynchburg (using Norfolk Southern tracks) with service
branching off to Richmond and Washington, D.C. The City of Roanoke has
previously supported this initiative. The proposed Statewide Rail Plan identifies
four phases for TDX implementation, with phase two incorporating the extension
of one daily round trip train from Lynchburg to Roanoke, thereby providing round
trip service from Roanoke to Washington, D.C. Roanoke has been anxious to
restore passenger rail service for many years. Our Vision 2001 - 2020
Comprehensive Plan identifies the need to pursue passenger rail service,
Honorable Mayor Bowers and Members of City Council
August 4, 2008
Page 2
emphasizing regional transportation planning, compact urban development,
discouraging sprawl, and emphasizing multi-modal forms of transportation. In
anticipation of the return of such passenger service, the City or Roanoke
contributed over $1.5 million dollars toward the renovation of the former N&W
Railway passenger station (next to the Hotel Roanoke). Supplemented by nearly
$1.7 million in state enhancement funds, this facility now serves as home to the
Roanoke Valley Convention and Visitors Bureau and the O.Winston Link Museum
with the capacity to serve as the future Roanoke passenger station for the TDX
project.
DRPT is presently hosting public meetings across Virginia for public review and
comment on the Statewide Rail Plan. The comment period concludes on August
25, 2008, following which DRPT will review all comments received and develop a
Rail Action Plan for release in September, 2008. The Rail Action Plan will provide
specific funding strategies and more detailed implementation plans for the projects
identified in the Statewide Rail Plan. It will be important for localities to emphasize
that the operating costs for passenger rail service must be paid by the state rather
than the individual localities (intercity rail should be funded like the state funds the
interstate highway program). A public comment opportunity will be provided on
the Rail Action Plan, and the results will be incorporated into the final Statewide
Rail Plan to be published this fall.
Recommended Action:
City Council endorse the attached resolution and request the Virginia Department
of Rail and Public Transportation, and the Commonwealth Transportation Board to
accelerate funding for and implementation of the TransDominion Express
passenger rail service between Roanoke and Washington, D.C. in the 2008
Statewide Rail Plan.
Respectfully submi,tted,
~
Darlene L. Bur
City Manager
DLB/sf
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 1 23
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
August 5, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38174-080408 authorizing the donation
to the American LaFrance Fire Museum in North Charleston, South Carolina, of a
1941 American LaFrance Fire Truck ID#BG169.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a .regular meeting held on Monday, August 4, 2008.
Sincerely,
f:;:t:j::.1 ~ (n. h-j /)Iih.;
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
James Grigsby, Assistant City Manager for Operations
H. David Hoback, Fire-EMS Chief
Kenneth Bernard, Fleet Manager
uhs
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of August, 2008.
No. 38174-080408.
A RESOLUTION authorizing the donation to the American Lafrance Fire Museum in North
Charleston, SC, of a 1941 American LaFrance Fire Truck ID#BG 169,
WHEREAS, the American Lafrance Fire Museum in North Charleston, SC, ("Museum")
has requested that the City donate to it the 1941 American LaFrance Fire Truck ID#BG169, subject
to the condition that the City of North Charleston transport the fire truck to the American LaFrance
Fire Museum, and City Council desires to effect this donation,
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1, The City hereby donates to the Museum whatever interest that it has in the 1941
American LaFrance Fire Truck ID#BG 169, subject to the condition that the City of North Charleston
transport the fire truck to the American LaFrance Fire Museum,
2, The City Manager is authorized to execute an acknowledgment of such donation, in
such form as may be approved by the City Attorney,
ATTEST:
'm~
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S,W" Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva,gov
August 4, 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:
1941 American LaFrance
Fire Truck Donation
Background:
In April 2004, City Council accepted the donation of a 1941 American
LaFrance Fire Truck ID#BG 169 from the Fire Brigade of the Kazim Shriners.
The vehicle currently needs a lot of repair. It does not run and it is
deteriorating. This vehicle never served as a piece of City of Roanoke fire
apparatus and does not have any ties to the Roanoke Fire-EMS Department.
Several months ago, Roanoke Fire-EMS was contacted by a representative
from the American LaFrance Fire Museum in North Charleston, SC, asking
if the City would consider donating this vehicle to them. The Museum is
owned and operated by the City of North Charleston. They will absorb all
costs of moving the vehicle. They have the funds to restore it and make it
part of their working vehicle collection. It would be used in public
education functions and advertisement of their museum.
Members of the Fire Brigade of the Kazim Shriners as well as the President
of the Roanoke Firefighters Association have been consulted on this
project and agree that donating the vehicle to the American LaFrance
Museum would be the right thing to do.
Honorable Mayor and Members of City Council
August 4, 2008
Page 2
Considerations:
City Council action is needed to move forward with this request and to
allow the American LaFrance Fire Museum to acquire this vehicle and move
it from its position at Historic Station 1.
Recommended Action:
Adopt the accompanying resolution authorizing the City's donation of the
1941 American LaFrance Fire Truck to the American LaFrance Fire Museum
located in North Charleston, Sc.
Respectfully submitted,
Darlene L. Bur
City Manager
DLB:TB
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
James Grigsby, Assistant City Manager for Operations
H. David Hoback, Fire-EMS Chief
Kenneth Bernard, Fleet Manager
CM08-00120
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
August 5, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38175-080408 authorizing the City
Manager to execute. a right of entry agreement between Norfolk Southern
Railway Company and the City of Roanoke, in connection with the Roanoke
River Flood Reduction Project, upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 4, 2008.
Sincerely,
~ m.lY]dtW
Stephanie M. Moon, CMC
City Clerk
SMM:ew
J
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
Philip C. Schirmer, PE, LS, City Engineer
Glenn A. Asher, Risk Manager
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGlNIA,
~~
The 4th day of August, 2008.
No. 38175-080408.
A RESOLUTION authorizing the City Manager to execute a right of entry agreement between
Norfolk Southern Railway Company ("Norfolk Southern") and the City of Roanoke ("City") in
connection with the Roanoke River Flood Reduction Project ("Project"), upon certain terms and
conditions.
WHEREAS, City and the U.S, Army Corp of Engineers are working together on benchcut and
greenway trail designs needed in connection with the Project and need access to certain property owned
by Norfolk Southern to perform subsurface environmental studies;
WHEREAS, Norfolk Southern requires the City to execute a right of entry agreement before it
will grant the City access to such property; .
WHEREAS, the City desires to execute the right of entry agreement.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1, That the City Manager and the City Clerk are hereby authorized to execute and attest,
respectively, the attached right of entry agreement with Norfolk Southern, to permit access by the
City and the U,S, Army Corp of Engineers on certain property owned by Norfolk Southern, to
perform required environmental studies in connection with the Roanoke River Flood Reduction
Project, as further stated in the letter dated August 4,2008, from the City Manager to this City
Council. The right of entry agreement shall be in a form approved by the City Attorney,
2, Pursuant to the terms of the attached right of entry agreement, and to the extent
permitted by law, the City shall indemnify and hold Norfolk Southern harmless against any and all
claims arising against Norfolk Southern out ofthe City and the U.S, Army Corp of Engineers actions
under the right of entry agreement.
ATTEST:
.(J...,-.-f) -, /',' 'n" f-n6",,",
A~ .. l
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
August 4, 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: Norfolk Southern Railway
Company Right of Entry for
Roanoke River Flood Reduction -
Phase 2 Environmental Study
Background:
City staff and the U.S. Army Corp of Engineers (USACE) are working on benchcut
and greenway trail designs for the Roanoke River Flood Reduction - Phase 2.
Phase 2 construction starts in Hannah Court and proceeds upstream to the
Salem border. The Norfolk Southern Railway Company railroad owns a large
portion of the Phase 2 land targeted for construction. The City Engineering
Department is seeking access to Norfolk Southern Railway Company property to
perform subsurface environmental studies in the areas shown on the attached
right of entry. Before the City's environmental consultants are granted
permission to be on Norfolk Southern Railway Company property, the City must
execute the ~ttached right of entry.
The right of entry requires the City to indemnify and hold harmless Norfolk
Southern Railway Company against all claims arising from the City's exercise of
the right of entry. Norfolk Southern Railway Company will not waive this
requirement. Council authority is required before the agreement may be
executed because agreeing to indemnify and hold Norfolk Southern Railway
Company harmless from such claims is a waiver of the City's sovereign
immunity.
Honorable Mayor and Members of City Council
August 4, 2008
Page 2
Recommended Action:
Authorize the City Manager to execute the attached right of entry form; such
form to be approved as to form by the City Attorney.
Respectfully submitted,
Darlene L. Bu Icham
City ManagerU
DLB:LEP:dps
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Robert K. Bengtson, PE, Director of Public Works
Philip C. Schirmer, PE, LS, City Engineer
Glenn A. Asher, Risk Manager
CM08-00 121
THIS TEMPORARY RIGHT OF ENTRY for The Roanoke River Flood Reduction
Project, made this --:::.day of ,2008, by and between Norfolk Southern
Railway Company ("Licensorll) and The City of Roanoke ("Licensee").
Licensor hereby permits Licensee to enter upon property owned or controlled by Licensor
located in Roanoke, Roanoke (city), Virginia, and being located substantially as shown upon
prints marked Exhibit "A", dated January 23,2008, attached hereto and made a part hereof.
This Right of Entry is granted upon the following terms and conditions:
~,....-
1. The Right of Entry is granted only for the purpose of environmental testing.
2, Licensor's Division Engineer at Roanoke, Virginia, shall be given at least forty-
eight (48) hours' advance notice before entry upon the property. The Division Engineer is Mr.
Scott Snow, whose telephone number is (540) 981-4274.
3. All reasonable care shall be exercised and such precautions taken as said Division
Engineer, or his authorized representative, may deem necessary to protect Licensor's facilities
and operations. Licensor reserves the right to place watchmen, flagmen, inspectors and
supervisors for protection purposes during the operations hereunder and the expense thereof,
including the expense of any material furnished, shall be promptly paid by Licensee upon receipt
of Licensor's bill therefor. In addition to direct wage and material cost, such expense shall
include, but shall not be limited to, cost of supervision, traveling expenses, Federal Railroad
Retirement and Unemployment Taxes, vacation allowances and all other expense incidental
thereto. Such expenses shall not exceed $500,000.
4. To the extent permitted by law, Licensee hereby agrees to indemnify and save
harmless Licensor from and against any and all liability, losses, damages, claims, actions, causes
of action, costs and expenses (including attorneys' fees) for personal injury (including death)
and/or property damage to whomsoever or whatsoever occurring, arising from or growing out of,
directly or indirectly, the presence of Licensee, its agents, servants or employees upon or about
the property of Licensor or in connection with the privileges herein granted, whether or not such
liability, losses, damages, claims, actions, causes of action, costs and expenses shall have been
caused or contributed by the negligence of Licensor. Upon the request of Licensor, Licensee
shall insure the aforesaid indemnity provision in a manner and in an amount satisfactory to
Licensor.
5, Licensee shall at its expense obtain and maintain during the period of this
Agreement, in a form and with companies satisfactory to Licensor, the following insurance
coverages:
(1) Commercial General Liability Insurance with a combined single limit of
not less than $2,000,000 per occurrence for injury to or death of persons
and damage to or loss or destruction of property. Such policy shall be
endorsed to provide products and completed operations coverage and
contractual liability coverage for liability assumed under this Agreement.
The contractual liability coverage shall be of a form that does not deny
coverage for operations conducted within 50 feet of any railroad hazard,
In addition, said policy or policies shall be endorsed to name Licensor as
an additional insured and shall include a severability of interests provision;
In the event Licensee's Commercial General Liability Insurance Policy
does not provide contractual liability coverage for operations conducted
within 50 feet of a railroad hazard, Licensee shall provide Railroad
Protective Liability Insurance. Said policy shall have limits of not less
than a combined single limit of $2,000,000 each occurrence and
$6,000,000 in the aggregate. In addition, said policy shall name Licensor
as the named insured and shall be underwritten on Insurance Services
Office (ISO) Form Number CG 00 35 1001 or an equivalent form
satisfactory to Licensor.
(2) Automobile Liability Insurance with a combined single limit of not less
than $1,000,000 each occurrence. Said policy shall be endorsed to name
Licensor as an additional insured and shall include a severability of
interests provision;
Evidence of such insurance (certificate of insurance for the General Liability and
Automobile Liability Insurance and the original policy of Railroad Protective Liability Insurance)
shall be furnished to and approved by Licensor's Director Risk Management, Three Commercial
Place, Norfolk, Virginia 23510-2191, prior to occupancy of Licensor's property or commencement
of construction on Licensor's premises. Said certificate of insurance shall state that coverage shall
not be suspended, voided, cancelled, or reduced in coverage or limits without (30) days advance
written notice to Licensor.
The insurance coverage required herein shall in no way limit Licensee's liability
under this Agreement.
6. At the termination of this Right of Entry, Licensor's property shall be restored by
Licensee to its original condition, or to a condition satisfactory to the Chief Engineer of
Licensor, or his authorized representative to the same condition as it was on the date the City
began its work to the nearest extent practical to the reasonable satisfaction of Licensor.
7. No drainage conditions shallbe created or allowed to exist which would be
adverse to Licensor's property.
8, A minimum c1earanceoffifteen feet (IS') from the centerline of the nearest track
shall be maintained at all times for any material, equipment or vehicles of Licensee occupying
Licensor's property unless authorized in writing by Licensor or Licensor's Superintendent.
- 2 -
9. The license and permission hereby granted is for the sole benefit of Licensee, and
Licensor is to receive no benefit therefrom nor any consideration therefor except the covenants,
promises and agreements set forth in this Right of Entry.
10. No explosives of any kind shall be used on Licensor's property.
11, No debris will be buried in or burned upon Licensor's property,
12, This Right of Entry (a) shall not be assigned or transferred by Licensee, (b) may
be terminated at will by Licensor or Licensee, and (c) shall terminate automatically on March 1.
2009; however, that termination shall not relieve Licensee of any obligation or liability incurred
prior to such termination,
13. Where appropriate, the terms when used in this Right of Entry shall be understood
to indicate the masculine, feminine or neuter, and the singular or plural, as the case may be. The
word "Licensor" as used herein shall include any other company or companies whose property at
the aforesaid location may be leased or operated by Licensor. Said term also shall include any
parent company or companies, subsidiary or subsidiaries of Licensor, and the servants, agents or
employees of Licensor, and also shall include servants, agents or employees of said parent
company or companies or subsidiaries of Licensor, and also shall include tenants, lessees or
licensees of Licensor, other than the Licensee herein.
IN WITNESS WHEREOF, the parties hereto have executed this Right of Entry in
duplicate as of the date first hereinabove written,
Witness:
Norfolk Southern Railway Company
As to Licensor
By:
Real Estate Manager
Witness:
City of Roanoke
As to Licensee
By:
Title:
JLC:CHO 7/16/081106805 545792v2
NSRE (temporary)
- 3 -
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva,gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
CECELIA R, TYREE
Assistant Deputy City Clerk
August 5, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No., 38176-080408 authorizing the
appropriate City officials to execute, upon certain terms and conditions, an
Amendment No.4 to the 2004-2005 Community Development Block Grant and
HOME Investment Partnerships Program Agreement with the City of Roanoke
Redevelopment and Housing Authority for the "Park Street Square Project".
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 4, 2008.
Sincerely,
~ /11. rYtJ.w
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
Thomas N. Carr, Director of Planning, Building and Development
Frank E. Baratta, Budget Team Leader
.6~ ~
-J~~
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 4th day of August, 2008.
No. 38176-080408.
A RESOLUTION authorizing the appropriate City officials to execute, upon certain
terms and conditions, an Amendment No.4 to the 2004-2005 Community Development Block
Grant ("CDBG") and HOME Investment Partnerships Program ("HOME") Agreement with the
,City of Roanoke Redevelopment and Housing Authority ("RRHA") for the "Park Street Square
Project" ("Project"),
WHEREAS, by Resolution No, 37085-060605, adopted June 6, 2005, the Council of the
City of Roanoke, Virginia, ("Council") authorized appropriate City Officials to enter into the
2004-2005 CDBG and HOME Agreement with the RRHA for the Project; and
WHEREAS, by Resolutions No, 37501-080706, No, 37859-080607, and No, 38019-
021908, Council authorized Amendments No.1, No.2 and No, 3 to the Agreement, respectively;
THEREFORE, BE IT RESOLVED by Council that the City Manager, and the City Clerk,
are hereby authorized to execute and attest, respectively, on behalf of the City, an Amendment
No, 4 to the 2004-2005 CDBG and HOME Agreement with the RRHA, approved as to form by
the City Attorney, within the limits of funds and for the purposes as are more particularly set
forth in the City Manager's letter dated August 4,2008,
ATTEST:
;t~rn. ~~.
CIty Clerk.
R-CDBG-Park Street Amendment 4,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
August 4, 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: Amendment NO.4 to the 2004-
2005 CDBG- and HOME-funded
"Park Street Square" Agreement
with the Roanoke Redevelop-
ment and Housing Authority
(RRHA)
Background:
Execution of a contract with the RRHA for the Park Street Square Project was
originally approved by City Council on June 6, 2005, by Resolution No. 37085-
060605. A total commitment of $2,350,000 in Community Development Block
Grant (CDBG) and HOME Investment Partnerships Program (HOME) funding, to be
provided over several installments, was made to this 2 5-unit rental project. Since
that time, Council has approved Amendment Nos. 1, 2 and 3 by Resolution Nos.
37501-080706, 37859-080706 and 38019-021908, respectively, bringing the total
obligated to the agreement to date to $2,205,163.
Considerations:
The project is nearly complete and will require a final CDBG/HOME installment of
$48,000, bringing the total CDBG/HOME funds actually obligated to $2,253,163.
By Resolution No. 38083-051208, Council authorized this $48,000 installment as
part of its approval of the 2008-2009 Annual Update to the City's Consolidated
Plan. The unused $96,837 balance from the original commitment was reallocated
to other CDBG and HOME eligible activities as part of the 2008-2009 Annual
Honorable Mayor and Members of City Council
August 4, 2008
Page 2
Update budgeting process. The $48,000 amendment to the agreement requires
Council approval. Funding for the amendment is in place in accounts:
CDBG Entitlement
HOM E Local Match
35-G09-0920-5428
35-615-8119-5507
$10,000
$38,000
Recommended Action:
Authorize the City Manager to execute Amendment No. 4 to the 2004-2005
CDBG/HOME Agreement with the RRHA, similar in form and content to the draft
attached to this report, and approved as to form by the City Attorney.
Respectfully submitted,
Darlene L. Burc
City Manager
Attachments: 1
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
Thomas N. Carr, Director of Planning, Building and Development
Frank E. Baratta, Budget Team Leader
CM08-00 11 9
CM09-000
Attachment 1
AMENDMENT No.4
This Amendment No, 4 is made and entered into this first day of July, 2008, by and between the City of Roanoke,
Virginia, ("Grantee") and City of Roanoke Redevelopment and Housing Authority ("Subgrantee").
WIT N E SSE T H:
WHEREAS, by Resolution No, 37085-060605, the Council of the City of Roanoke, Virginia, ("Council")
approved the execution of a sub grant agreement between the Grantee and the Sub grantee ("Agreement") for the
Park Street Square Project ("Project"); and
WHEREAS, by Resolution No, 37501-080706, Council approved the execution of Amendment No, 1 to the
Agreement, extending the period of the Agreement, increasing the funding for the Project, and making certain
other technical changes; and
WHEREAS, by Resolution No. 37859-080607, Council approved the execution of Amendment No.2 to the
Agreement, increasing the funding provided by the Grantee for the Project under the Agreement;
WHEREAS, by Resolution No. 38019-021908, Council approved the execution of Amendment No, 3 to the
Agreement, increasing the funding provided by the Grantee for the Project under the Agreement;
WHEREAS, by Resolution No, _-080408, Council approved the execution ofthis Amendment No, 4 to the
Agreement;
NOW, THEREFORE, the Grantee and the Subgrantee do mutually agree to this Amendment No.4, to effect the
following changes:
1. Part 1, "SCOPE OF SERVICES," subpart a., "Period of this Agreement," shall be revised to extend the
period and shall read:
* * * * *
La. Period of this Agreement - This Agreement shall be effective as of February 1, 2005, and, unless
amended, shall end December 31, 2008,
* * * * *
2. The CDBG and HOME funding made available by the Grantee under this Agreement shall be increased by
$48,000 to a total of $2,253,163, in accordance with the revised Attachment A, "2004/2005 Park Street
Square CDBG and HOME Agreement Financial Accounts," included with this Amendment No, 4
The Agreement, dated February 1,2005, and Amendments No.1, No, 2 and No.3, dated July 1,2006, July 1,
2007, and February 1,2008, respectively, shall remain unchanged in all other terms and provisions,
Page 1 of3
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.4 as of the day and year
hereinabove written:
ATTEST:
FOR THE GRANTEE:
By
By
Stephanie M. Moon, City Clerk
Darlene L. Burcham, City Manager
WITNESS:
FOR THE SUB GRANTEE:
By
By
Katie L. Drewery, Executive Assistant
(Note: Executive Director is the Board Secretary)
Glenda Edwards, Executive Director
APPROVED AS TO CDBG/HOME ELIGIBILITY
APPROVED AS TO FORM
Dept. of Planning, Building and Development
Assistant City Attorney
APPROVED AS TO EXECUTION
APPROPRIATION AND FUNDS REQUIRED
FOR THIS CONTRACT CERTIFIED
Assistant City Attorney
Director of Finance
Date
Account #
(See Attachment A)
Page 2 of3
Attachment A
Amendment 4
2004/2005 Park Street Square CnBG and HOME Agreement
Financial Accounts
Account # Description Project Support Admin Total
CDBG Funds:
35-G04-0420-5428 Park Street Square 200,000 200,000
35-G05-0520-5428 Park Street Square 250,000 250,000
35-G07-0nO-5428 Park Street Square 339,177 339,177
35-G08-0820-5428 Park Street Square 333,857 333,857
35-G09-0920-5428 Park Street Square 10,000 10,000
Subtotal 1,133,034 0 0 1,133,034
HOME Funds:
35-090-5311-5428 Park Street Square 52,221 52,221
35-090-5312-5428 Park Street Square 245,182 245,182
35-090-5313-5428 Park Street Square 77,098 77,098
35-090-5325-5428 Park Street Square 8,612 8,612
35-090-5364-5428 Park Street Square 369,108 369,108
35-090-5366-5428 Park Street Square 254,908 254,908
35-615-8119-5507 Park Street Square - Local Match 113,000 113,000
Subtotal 1,120,129 0 0 1,120,129
Total CDBG and HOME 2,253,163 0 0 2,253,163
Page 3 of3
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
August 5, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38177-080408 amending subsection (g)
of ~34-1 30, Rate Schedule, of Division IV, Fares, Article III, Public Vehicles
(Taxicabs and For Hire Vehicles), of the Code of the City of Roanoke (1979), as
amended, in order to adjust certain rates charged for services rendered by
taxicabs and for-hire automobiles, effective September 1, 2008.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 4, 2008, and is in full
force and effect September 1, 2008.
Sincerely,
~ In, l'rfiJN
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
Darlene L. Burcham
August 5, 2008
Page 2
pc: Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
The Honorable Brenda S. Hamilton, Clerk of Circuit Court
Raymond F. Leven, Office of the Magistrate
Joseph F. Klein, Law Librarian
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Darlene L. Burcham, City Manager
Cecelia T. Webb, Assistant Deputy City Clerk
~-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of August, 2008.
No. 38177-080408.-
AN ORDINANCE amending subsection (g) of 934-130, Rate Schedule, of Division IV,
Fares, Article III, Public Vehicles (Taxicabs and For Hire Vehicles), of the Code of the City of
Roanoke (1979), as amended, in order to a~just certain rates charged for services rendered by
taxicabs and for-hire automobiles; providing for an effective date; and dispensing with the
second reading by title paragraph of this ordinance.
BE IT ORDAINED by the Council ofthe City of Roanoke as follows:
1. Subsection (g) of 934-130, Rate Schedule, of Division IV, Fares, Article III,
Public Vehicles (Taxicabs and For Hire Vehicles), of the Code bfthe City of Roanoke (1979), as
amended, is hereby amended to read and provide as follows:
934-130. Rate schedule.
***
(1) Distance rates:
a. For the first one eighth ( 1/8)one-seventh
(1/7) mile or fraction thereof, tw:ethree
dollars and eigMyfifteen cents ($~ 3.15).
b. For each additional onc eighth ( 1/8)one-
seventh (117) mile or fraction thereof,
twentythirty cents ($0.;W30).
***
(4) Effective :May 1, 2006September 1, 2008, if the City Manager
detennines that the average cost per gallon of regular unleaded
self-service gasoline in the citv as published by the American
Automobile Association rises above five - dollars ($5.00) per
gallon for a consecutive thirty (30) day period, a surcharge of
one dollar ($1.00) may be added to the current meter charge for
each trip. Such surcharge shall be included on the rate card
posted in each public vehicle. If the average cost per gallon of
regular unleaded self-service gasoline in the city drops below
five dollars ($5.00) the city manager may remove the surcharge
of one dollar ($1.00) from the meter charges for each trip. Such
surcharge may remain in effect until such time - as the city
manager notifies holders of permits for taxicab and for-hire
service that the surcharge is to be removed, in which case no
surcharge shall be charged or included on the rate card:. after the
first day of the follO\.ving month. The city manager shall send
such notice at such time as the city manager detelmines that tho
average cost per gallon of regular unleaded self service gasoline
. H' hI:' I dB h ^ . ^ 13'1 ^ ..
In to CIty as pu 1S.16 y t e, .LmerICan, Lutomo 1. e" ..ssocmtlOB
drops belovo' tv.'o dollars ($2.00) per gallon for a consecutive six
month period.
***
2. This ordinance will be in full force and effect on and after September
1,2008.
3. Pursuant to the provisions of 912 of the Roanoke Charter, the second
reading by title of this ordinance is hereby dispensed with.
ATTEST:
h1,~
City Clerk.
K:\Measures\taxi rates citys recommendations 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
August 4, 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:
Meter Increase for
Taxicab Service
Background:
During the July 21 st Council meeting, Yellow Cab Services of Roanoke, Inc.
(petitioner) submitted a petition requesting an adjustment of the meter rates
for taxicab service and for-hire automobiles in the City of Roanoke. These
rates are regulated by City Council under Section 34-130 of the Code of the
City of Roanoke (1979), as amended. Taxicab service in Roanoke is provided
by Yellow Cab and Quality Taxi Company.
As noted by the petitioner, since the last increase (spring, 2006), the cost
per gallon of gasoline has risen significantly. In addition, current indicators
suggest gasoline prices may continue to increase. This has compelled the
taxicab companies operating in th.e City to petition Council for a meter rate
increase. This would greatly assist their drivers in partially offsetting the
escalating gasoline prices.
In the petition presented to Council, the taxicab companies requested an
increase in the initial meter drop rate to $3.80 for the first 1/7th mile and
$.30 for each additional 1/7th mile (or fraction thereof). This would equate
to a first mile charge rate of $5.60. Currently, the meter rate is $2.80 for
the first 1 18th mile and $.20 for each additional 1 18th mile (or fraction
thereof). In addition, a fuel surcharge of $1 .00 per trip is added to the
current meter price resulting in a first mile charge rate of $5.20. With the
Honorable Mayor Bowers and Members of City Council
August 4, 2008
Page 2
increase in the initial meter drop rate to $3.80, the $1.00 per trip fuel
surcharge would be eliminated. However, the petitioner also added that in
the event gasoline prices were to increase to $ 5.00 per gallon on average for
a period of 30 days, a gas surcharge of $1.00 would be added per trip.
Likewise, if the price dropped below $ 5.00 per gallon for 30 days, the
surcharge would be dropped. '
Since the average trip in Roanoke presently costs $8.40 (3 miles = $7.40
plus $1.00 fuel surcharge), the proposed increase would raise the fare to
$9.80; an increase of $1.40 or 16.6%.
City staff contacted the other First Cities localities that we normally
benchmark against and also reviewed their taxicab rates as shown in their
municipal codes. Of the seven localities that regulate taxicab services, only
two of them to date, Lynchburg and Norfolk, have received requests from
their local companies for rate increases. The City Council in Lynchburg
approved a fuel surcharge of $1.00 to be added to the current meter charge
for each trip. The Norfolk City Council approved a rate increase. In both
cities, the change went into effect on July 1, 2008. Additionally, Yellow Cab
Services provided the names of three cab companies on which it based the
proposed rate. Two of these companies operate in Charlottesville, which
does not regulate taxicab rates, and the other operates in Arlington County,
which does control the fares charged in its jurisdiction.
In comparing the potential fare proposed by the petitioner for a three mile
trip ($9.80) to a similar three mile trip in the other localities, the City's rate
would be higher than all the other jurisdictions but would be equal to or
lower than the rates charged by the two companies surveyed in
Charlottesville.
Please see the attached tables for a detailed comparison of the rates for one,
three, and five mile trips between the various localities using both the City's
current rate and the new rate proposed by the petitioner.
Certainly, with the increasing cost of gasoline, a rate increase is justified.
However, City staff recommends the following rate structure instead -
increase the initial meter drop rate to $3.15 for the first 1 17th mile and $.30
for each additional 1/7th mile (or fraction thereof). This would result in the
cost of an average three mile trip being $9.15; an increase of $.75 or 8.9%
over the $8.40 that is currently charged. This increase would be in line with
the rate changes recently adopted in Lynchburg and Norfolk but less than
Honorable Mayor Bowers and Members of City Council
August 4, 2008
Page 3
those charged by the Charlottesville companies. Even though this rate would
still be higher than other jurisdictions, it should be remembered that those
localities' taxicab companies have yet to approach their governing bodies for
a rate increase to cover their increased fuel costs.
Considerations:
The proposed meter increase will be posted on the rate stickers displayed in
each taxi to inform the public. The average cost of gas will be tracked on a
monthly basis by designated City staff using the average cost per gallon of
regular unleaded self-serve gasoline in the City of Roanoke as published by
the American Automobile Association (AAA). This shall be tracked to
monitor if fuel prices increase to $ 5.00 per gallon for a consecutive 30 day
period. If that occurs, designated City staff will notify the taxicab companies
that a fuel surcharge of $1.00 can be added per trip effective the first day of
the following month.
Recommended Action:
Amend Section 34-130 of the City Code to authorize the imposition of the
meter price increase proposed by City staff to be charged for each trip
effective September 1, 2008.
Darlene L. urcham
City Manag r
DLB/rbl
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
CM08-00124
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August 6, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting held on Monday, August 4, 2008 of the Council of the City
of Roanoke the City Manager was instructed to address the following items:
· Issue a request for proposals to operate .and manage the Countryside
Golf Course for at least five years, while also negotiating with
Meadowbrook Golf Group, Inc. on a possible extension;
· Investigate and follow up with a response, in connection with a
communication from Mrs. Carol R. Beaven, Diaconal Minister, The United
Methodist Church in Huntington, New York, regarding a towing incident
while visiting the City of Roanoke; and
· Investigate alleged incidents 'at the Landsdowne Housing Complex
involving the Police Department and report findings to the Council and
Robert Gravely.
Sincerely,
~tr;.~c
Stephanie M. Moon, CMC
City Clerk
SMM:ew
pc: Mr. Robert Gravely, 3360 Hershberger Road, N. W., Roanoke, Virginia
24017
~.
ROANOKE
POLICE
OFFICE OF THE CHIEF OF POLICE
Roanoke Police Department
348 Campbell Avenue, SW
Roanoke, Virginia 24016
www.roanokegov.com/police
PH: 540.853.2203
FAX:540,853.6043
MEMORANDUM
Date:
August 5, 2008
To:
From:
Darlene Burcham, City Manager
Chief A.L. GaSkin"'hief of Police
Crime Reduction Activities -
Lansdowne Housing Development
Subject:
Based on the statements made by Robert Gravely in the City Council meeting of
August 4, 2008, I initiated a review of the last three years of activity in the
Lansdowne Housing Development. This area, as mentioned in previous
memorandums dated June 7 and September 12, 2007, has been designated a
violent crime hotspot, heavily influenced; by drug trafficking. Police supervisors
have utilized crime analysis information to direct their resources to reduce the
violent and drug related crime. These supervisors are intimately familiar with
search and seizure actions taken by their officers and ate routinely present
during these actions. Most laypersons, such as Mr. Gravely who are unfamiliar
with basic search and seizure actions and laws, do not understand the reasons
behind various actions taken by our officers. Thus, in an effort to illustrate two
basic principles of search and seizure, I offer the below definitions:
· Investigative Detention is a limited seizure (which must be a minimum
intrusion to permit the officer an opportunity to confirm or dispel his
suspicions) of an individual or group performed by an officer who has a
reasonable suspicion that the individual or group has committed, is
committing or is about to commit a specific crime. Reasonable suspicion
is a standard less demanding than probable cause but more than a mere
suspicion or hunch that is based on specific facts. The facts that may be
considered include but are not limited to personal observations,
informant information, area, time, lookouts/wanted flyers, evasive
actions (to include nervous actions, lying, fleeing and hiding), prior
knowledge of the suspect, ete.
· Probable cause is established when the totality of the circumstances leads
a person of reasonable caution to believe a specific crime has been
committed by a specific person. Probable cause is a flexible and
common-sense standard.
Subject: Crime Reduction Activities - Lansdowne Housing Development
August 6, 2008
Page 2
As you can clearly deduce, officers are not sharing details of their searches and
seizures with by-standers in order to educate them due to the time, confidential
nature of some information, and various other reasons that lead them to effect
a search and seizure action. I can also assure you that if any person contacted
by the police takes issue with any action and brings it to the attention of police
personnel that it is addressed. In fact, due to the increased attention in this
area, such as zero tolerance and saturation patrols, supervisors have
maintained a close watch on officer actions. Out of the four internal
investigations over the past three years (none thus far in 2008), three were
citizen initiated and one was supervisor initiated (See Table 1).
1 Case Address Date Violation
N umber
AI 2006-02 2700 Glenaarv Ave 01/18/06 026R Treatment of Persons in Custody
036R Unsatisfactory Performance
CC 2006-58 271 4 Salem 09/30/06 00 2.1.22 Use of Force
Turnpike I
CC 07-20 2538 Delta Drive 04/27/07 002.1.22 Use of Force
I CC 2007-26 2800 Salem 06/07/07 018R Arrest, Search, and Seizure
Turnoike
Table 1
Since January 1, 2008, officers/detectives have produced the following statistics
in Lansdowne, a 10 block area:
· Total Arrests - 61
. Total Traffic Summonses - 38
. Calls for Service - 981
Drug Arrests - 1 5
Field Interview Cards - 14
Officer Initiated Offenses - 67
Supervisors and officers have developed an action plan (partially described
below) to address the Lansdowne and Lafayette areas, as the department noted
an increase in all categories, including firearms violence (See Table 2).
Crime Category 2008 YTD 2007 2006
M u rde r 1 0 0
Agqravated Assault 12 9 7
Robbery 1 1 3
Rape 0 1 1
Burglary 17 17 20
Larceny 19 17 24
Motor Vehicle Theft 1 2 4
All Other Crime - includes 242 433 207
Officer initiated offenses
Table 2
Subject: Crime Reduction Activities - Lansdowne Housing Development
August 6, 2008
Page 2
o Hot Spots and Real Time Policing: Crime Analysis determined four areas
where violent crime and elevated call load have created unsafe
environments. Zone officers are currently addressing the area that held
the most potential for violence based on the analysis, the Lansdowne
Housing area. This situation is being addressed through partnership with
management, enhanced patrols and dedication of specialized units with
progress reviews being reported in monthly CEO meetings. Crime
analysis further determined the primary day and time that violent and
drug related crimes have occurred historically and supervisors have
strategically shifted workforce resources to address crimes in a proactive
effort.
If you have further questions please do not hesitate to contact me.
ALG/xa
C: Brian Townsend
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CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.w., SUITE 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
DAVID A. BOWERS
Mayor
./
July 29, 2008
Ms. Carol R. Beaven
Diaconal Minister
The United Methodist Church
1 80 West Neck Road
Huntington, New York 11743-2498
~,.,
"
Dear Ms. Beaven:
Thank you for your letter of July 20, 2008.
I am very sorry that you had such an unpleasant visit to Roanoke on July 5,
2008. I, too, am from upstate New York, so it is personally upsetting to know
that visitors from my home state were so poorly received here in Roanoke.
I note from your letter that you have visited on other occasions and had friendly
visits here. I am also pleased that you had such a nice dinner at one of our
downtown restaurants prior to the unfortunate incident which you described in
your letter.
I am taking the liberty of circulating your correspondence and my response to
the other Members of Roanoke City Council and to our City Manager, Darlene
Burcham, for review. If something can be done about the situation, I am certain
it will be.
Please do not let this unfortunate incident mar your perspective about our AII-
America City and the many fine people who live here. Instead of by-passing
Roanoke the next time, I hope you and other Methodists will think well of us to
visit again.
, r
(;, ,_, /,1,J ..
"., .:.
Mrs. Carol R. Beaven
Page 2
As Mayor of Roanoke, I regret the unfortunate occurrence in our city and hope
that you will, indeed, visit again at a time in which you will, hopefully, have a
more positive and memorable visit.
Sincerely,
~"'QW
..". '=,.,J .. . ~
~. David A. B ers
Mayor
DAB:jj
Pc: Honorable Vice-Mayor and Members of Roanoke City Council
Darlene L. Burcham, City Manager
Roanoke Regional Chamber of Commerce, 212 South Jefferson Street,
Roanoke, Virginia 24011
Attorney General Bob McDonnell, Pocahontas Bldg., 6th Floor, 900 E. Main
Street, Richmond, Virginia 23219
Mt. Pleasant United Methodist Church, 3009 Mt. Pleasant Boulevard,
Roanoke, Virginia 24014
Rockingham Court United Methodist Church, 4615 Bryan Road, S. E.,
Roanoke, Virginia 24014
South Roanoke United Methodist Church, 2330 S. Jefferson Street,
Roanoke, Virginia 24014
Roanoke District Virginia Conference United Methodist Church, Suite 101,
Professional Park Building, 4502 Starkey Road, Roanoke, Virginia 24018
~-;y
THE UNITED METHODIST CHURCH
Huntington-Cold Spring Harbor
180 West Neck R.oad
Huntington, New York 1 174)-2498
tel. (631) 427-0326
fax (631) 427-5290
e-mail: umchcsh@optonlin.net
RECEIVE
JUt l. 5 20G8
MAYOR'S OFF/I
Pastor: Warren S. Beaven
July 20, 2008
Mayor David A. Bowers
215 Church Avenue, S,W" Rm.452
Roanoke, Virginia 24011-1594
Dear Mayor Bowers,
I am writing to you regarding an incident that occurred to our Mission Team in your city on Saturday
evening, July 5, 2008,
Our Mission Team of five were traveling from Huntington, Long Island to the Methodist Mission AT of
Henderson Settlement IN, Frakes, Kentucky. We chose to stay in Roanoke the night of July 5th because we have
done so for many years as we have traveled from Long Island down to Frakes. We have had pleasant visits and
nice accommodations in the past. Not so this year!
On Saturday evening, July 5, 2008; we registered atthe ECONO Lodge on Orange Avenue, We then
drove our blue, unmarked van with New York plates, downtown to find a restaurant for dinner. There was a
music festival happening around Market Street. Thus, parking was a problem,
We pulled into an unmarked parking lot from Salem Street. We noticed some parking spots had names
so we parked in an unmarked parking space, This was about 7:20 p.m,.
We el1joyed the music and a delicious meal at "Table 50" before returning to our van at 8:30 p,m" but
there was no van in sight! Next to the spot where our van had been parked, was a teal blue Escort LX (license
plate V A-SKX5076) with two young men leaning overtheir car saying to us, "Are you looking for a blue van?"
We answered 'yes' and they proceeded to tell us this was a private lot, the van had been towed away, and to
retrieve our van we needed to call "Spanky" at the number posted on the building,
On another building, perpendicular to the building we'd parked in front of, was a sign stating: "Reserve
Parking-Towing Enforced, Stored Parking per day $50, Call 540-589-2190", (This sign had been hidden from
our view at 7:30 bya white van that was now in another parking space so the sign was now visible! The young
men in the car said it would cost us $50 and left. -
Our driver Phil called the above number and "Spanky" answered, He said he was "sorry and was sending
someone over to take us to the van."
Meanwhile, the two guys mentioned above, returned t6 the parking lot and said, "Give us $150 and we'll
return your van," Since the price had tripled in ten minutes, and we were smelling a "set-up", Phil called 911.
The dispatcher (a woman) said our van had been reported as towed and SHE "could do nothing about it".
Repeated calls to "Spanky" went unanswered.
~j
Next, a teal green Honda arrived (license V A-XWL8851) driven by a blonde woman wearing a pink
shirt, glasses with a cigarette falling out of her mouth, From the passenger side out jumped a tall, thin man
wearing a sleeveless vest, holes in the knees of his dirty jeans, tattooed arms, shoulder length dirty blonde hair,
and a cigarette. He almounced he worked for Woods Towing Company.
The first two guys left as it was obvious we were not going to give them $150, After a heated discussion
with the tall fellow, Phil got into the Honda 'to be taken' to our van, Unbeknownst to Phil, a block from the van,
the guy demanded that Phil hand over the $150 to him, In return, Phil demanded a receipt from him. (A copy of
that receipt is enclosed,) Phil was then driven the block to retrieve our van and he returned to the parking lot to
pick us up, (Our van was in good condition and had not been broken into.)
While Phil was away, two of our group walked back to Market Street and spoke to police on bicycles,
They responded that $150 was the 'going rate' and they could do nothing to help us.
Also during Phil's absence, two of us spoke with a tenant just arriving home, She lives in an upstairs
apartment and said 'they' are quick to tow away day or night. In fact, she recently had an extra car in an
unmarked spot, While she was upstairs in her apartment obtaining her pass, they'd begun to load her car on the
truck for towing!
Our Church had several fund-raisers for our trip to Henderson Settlement. That $150 was to be used to
help purchase gutters and soffits which we were to put on an elderly couple's home in Henderson Settlement.
Our efforts were compromised, due to the loss of that $1501
We feel we were 'set-up' by this group of four people and perhaps by this person named 'Spanky'.
There were no signs on the Salem Street entrance and the towing sign was blocked from our vision, The police
dispatcher and police on bicycles refused to help us,
Mr. Mayor, do you realize or know that this is happening in your city? Since this was "Lot 118", does
"Spanky" have other lots? Is he regulated by the city? There needs to be better signs for downtown parking for
out-of-towners. ALL private lots should have signs on ALL entrances. (We would not have entered this lot had
there been a sign on Salem Street.)
This experience has left us with a VERY unfavorable view of Roanoke, We will be notifying the
United Methodist churches in and around Roanoke, and the District Superintendent of the Roanoke District about
our unpleasant and costly experience. We will also advise other mission teams traveling up and down Interstate
81 to avoid the City of Roanoke, and to seek food and lodging elsewhere. Copies of this letter will be sent to the
organizations listed below.
Thank you for your time,
In God's Service,
~R,~
Mrs. Carol R. Beaven
Diaconal Minister
cc: R08110ke Regional Chamber of Commerce
Attorney General Bob McDonnell;
District Superintendent Rev. Dr. Stephen C. Hundley;
Mt. Pleasant UMC; Rockingham Court UMC; South Roanoke U~C;
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853.1145
E-mail: c1erk@roanokeva,gov
SHEILA N. HARTMAN
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August 6, 2008
Ms. Valerie L. Garner
2264 Mattaponi Drive, N. W.
Roanoke, Virginia 24017
Dear Ms. Garner:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, August 4, 2008, you were appointed to replace Michael Wray as a
member of the Roanoke Neighborhood Advocates for a term ending June 30,
2011.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which must be administered by the Clerk of the
Circuit Court of the City of Roanoke, located on the third floor of the
Roanoke City Courts Facility, 315 Church Avenue, S. W.
After the Oath has been administered, please return one copy to Room 456 in
the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your appointment and
each appointee is required "to read and become familiar with provisions of the
Act."
Ms. Valerie L. Garner
August 6, 2008
Pag e 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve the City of Roanoke as a member of
the Roanoke Neighborhood Advocates.
Sincerely,
~~'M7t~
City Clerk
SMM:ew
Enclosures
pc: Jeff Campbell, Chair, Roanoke Neighborhood Advocates, 424 Highland
Avenue S.W., Roanoke, Virginia 24016
Robert A. Clement, Jr., Neighborhood Services Coordinator, Roanoke
Neighborhood Partnership, w/attachment
Joyce S. Johnson, Assistant to the Mayor
COMMONWEALTH OF VIRGINIA)
)
CITY OF ROANOKE )
To-wit:
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular
meeting of Council which was held on the fourth day of August 2008,
VALERIE L. GARNER was appointed as a member of the Roanoke Neighborhood
Advocates, for a term ending June 30, 2011.
Given under my hand and the Seal of the City of Roanoke this sixth day of
August 2008.
City Clerk
111, '^tWv
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
August 6, 2008
Ms. Charlene V. Graves
2755 Kirkland Drive, N. W.
Roanoke, Virginia 24017
Dear Ms. Graves:
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant City Clerk
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, August 4, 2008, you were appointed to replace Nelett H. Lor as a
member of the Roanoke Arts Commission, for a term of three years .ending June
30,2011.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return 'one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information .Act. The Act requires
that you be provided with a copy within two weeks of your appointment and
each member is required "to read and become familiar with provisions of the
Act."
K:\oath and leaving service\Arts Commission\Charlene Valcurtia Graves oath 6 30 ll.doc
Ms. Charlene V. Graves
August 6, 2008
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve as a member of the Roanoke Arts
Commission.
Sincerely,
. .}n.
Stephanie M. Moon, CMC ~
City Clerk
SMM:ew
Enclosures
pc: Kathleen W. Lunsford, Vice-Chair, Roanoke Arts Commission, 2305 Carter
Road, S. W., Roanoke, Virginia 24015
Susan Jennings, Public Arts Coordinator, Economic Development,
w/attachment
Melissa Murray, Secretary, Roanoke Arts Commission
Joyce S. Johnson, Assistant to the Mayor
K:\oath and leaving service\Arts Commission\Charlene Valcurtia Graves oath 6 30 ll.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 ?f the records thereof, do hereby certify that at a regular
meeting of Council which was held on the fourth day of August 2008,
CHARLENE V. GRAVES was appointed as a member, of the Roanoke Arts
Commission, for a term of three years ending June 30, 2011.
Given under my hand and the Seal of the City of Roanoke this sixth day of
August 2008.
"
A ~,~~ In. mOI'rv
City Clerk .~ (
K:\oath and leaving service\Arts Commission\Charlene Valcurtia Graves oath 6 30 ll.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
STEPHANIE M. MOON, CMC E-mail: clerk@roanokeva,gov
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
August 7, 2008
The Honorable AnitaJ, Price
3101 Willow Road, N. W.
Roanoke, Virginia 24017
Dear Council Member Price:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, July 21, 2008, you were appointed as an Alternate representative to
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 serviceWirginia's First Reginallndustrial Facility Authority\Anita Price alternate represe oath 6 30 lZ.doc
The Honorable AnitaJ. Price
August 7, 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,
. {yJ. h10,w
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
24 1,4 1
William M. Hackworth, City Attorney
Joyce S. Johnson, Assistant to the Mayor
K:\oath and leaving service\Virginia's First Reginallndustrial Facility Authority\Anita Price alternate represe oath 6 30 12.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 fourth day of August 2008, ANITA J.
PRICE was appointed as an Alternate representative to the Virginia's First
Regional Industrial Facility Authority Board of Directors, for a term ending
June 30, 2012.
Giyen under my hand and the Seal of the City of Roanoke this seventh day
of August 2008.
· tn. ~uw
City Clerk
K:\oath and leaving service\Virginia's First Reginallndustrial Facility Authority\Anita Price alternate represe oath 6 30 IZ.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: clerk@roanokeva.gov
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
August 8, 2008
Kelly Harris-Braxton, Director
Virginia First Cities Coalition
1108 East Main Street, Suite 1108
Richmond, Virginia 23219-3535
Dear Ms. Harris-Braxton:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, August 4, 2008, Council Memper Gwen W. Mason was appointed as an
elected official representative to the Virginia First Cities Coalition, to replace
former Council Member Beverly T. Fitzpatrick, Jr.
Sincerely,
M.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
pc: Darlene L. Burcham, City Manager
STEPHANIE M. MOON, CMC
City Clerk
William M. Hackworth
City Attorney
Roanoke, Virginia
Dear Mr. Hackworth:
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
August 7, 2008
At a regular meeting of the Council of the City of Roanoke held on Monday,
August 4, 2008, the Council instructed the City Attorney to prepare the proper
measure abolishing the War Memorial Committee.
SMM:ew
Sincerely,
. 1>7. fr] 0 IfYI,J
Stephanie M. Moon, CMC L
City Clerk