HomeMy WebLinkAboutCouncil Actions 08-18-08
PRICE
38178-081808
ROANOKE CITY COUNCIL
REGULAR SESSION
AUGUST 18, 2008
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. Vice-Mayor Lea arrived late.
The Invocation was delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
Moment of Silence in memory of Leigh Hanes, former Vice-Mayor and Member
of Roanoke City Council.
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 21 at 7:00 p.m.,
and Saturday, August 23 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.
Mayor Bowers called attention to the following events:
State of the City Address - Thursday, August 21 at 7:30 a.m., Roanoke Civic
Center Special Events Center;
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2008 Citizen of the Year - Deadline for receipt of applications is September 26,
2008;
ih Annual Back-to-School Extravaganza will be held on Saturday, August 23,
2008, 9:00 a.m. - 11 :00 a.m. at the Patrick Henry High School;
The Mill Mountain Zoo will officially unveil the teeny new Zoo Choo on
August, 19, 2008 at 11 :00 a.m.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE.
3. CONSENT AGENDA
(APPROVED 6-0, Council Member Lea was not
present when vote was record,ed.)
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 21 ,2008, and
recessed until Thursday, May 1, 2008.
RECOMMENDED ACTION: Dispensed with the reading of the minutes and
approved as recorded.
C-2 A communication from Mayor David A. Bowers requesting that Council
convene in a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-
3711 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C-3 A communication from the City Manager requesting that Council convene in a
Closed Meeting to discuss an award of a public contract involving the expenditure of
public funds and discussion of the terms or scope of such contract, pursuant to
Section 2.2-3711 (A)(29), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C-4 A communication from the City Manager requesting that Council convene in a
Closed Meeting to discuss the disposition of publicly-owned property, where
discussion in open meeting would adversely affect the bargaining position or
negotiating st~ategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of
Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
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C-5 A communication from Joe Miller, Chairman, transmitting the annual report of
the Board of Zoning Appeals for fiscal year 2007-2008.
RECOMMENDED ACTION: Received and filed.
C-6 Reports of qualification of the following individuals:
Council Member Court G. Rosen as the City representative to
the Roanoke Valley Alleghany Regional Commission to fill the
unexpired term of Beverly T. Fitzpatrick, Jr., commencing
July 1, 2008, and ending June 30, 2009; as a member of the
Virginia's First Regional Industrial Facility Authority Board of
Directors for a term ending June 30, 2012; and as a member
of the New River Valley Commerce Park Participation
Committee for a term ending June 30, 2012;
Gordie L. Ziegler as a member of the Parks and Recreation
Advisory Board to fill the unexpired term of Sherley E. Stuart,
ending March 31, 2011;
Charlene V. Graves as a member of the Roanoke Arts
Commission for a term ending June 30, 2011; and
Valerie L. Garner as a member of the Roanoke Neighborhood
, Ad~ocates for a term ending June 30, 2011.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA
4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS:
a. A communication from the Clerk of Circuit Court requesting appropriation of
funds for payment of professional services and to purchase certain equipment
to be used in the Circuit Court Office; and a communication from the City
Manager concurring in the request.
Adopted Budget Ordinance No. 38178-081808. (6-0, Vice-Mayor Lea was
not present when vote was recorded.)
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6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS:
. Recreation Center Feasibility Study Status Report - 30 minutes
(To be held in the Council's Conference Room immediately following
the 2:00 p.m. session.)
ITEMS RECOMMENDED FOR ACTION:
1 . Reduction and appropriation of funds in connection with the City-wide
Street Paving Program.
Adopted Budget Ordinance Nos. 38179-081808 and 38180-081808.
(6-0, Vice-Mayor Lea was not present when votes were recorded.)
2. Appropriation of funds from the Parking Fund Retained Earnings
account in connection with maintenance, repair and equipment needs
at the City's parking facilities.
Adopted Budget Ordinance No. 38181-081808. (6-0, Vice-Mayor
Lea was not present when vote was recorded.)
3. Acceptance of the VISST A Award and execution of a Memorandum of
Agreement between the City of Roanoke and the Virginia Department
of Social Services; and reduction of funds.
Adopted Resolution No. 38182-081808 and Budget Ordinance No.
38183-081808. (6-0, Vice-Mayor Lea was not present when votes
were recorded.)
4. Acceptance of the Criminal Justice Information Technology
Improvement Grant from the Department of Criminal Justice Services;
and appropriation of funds.
Adopted Resolution No. 38184-081808 and Budget Ordinance No.
38185-081808. (6-0, Vice-Mayor Lea was not present when votes
were recorded.)
5. Acceptance of the Crime Analysis Grant from the Virginia Department
of Criminal Justice Services; and appropriation of funds.
Adopted Resolution No. 38186-081808 and Budget Ordinance No.
38187-081808. (6-0, Vice-Mayor Lea was not present when votes
were recorded.)
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6. Acceptance of the State Homeland Security Program Grant from the
Virginia Department of Emergency Management; and appropriation of
funds.
Adopted Resolution No. 38188-081808 and Budget Ordinance No.
38189-081808. (6-0, Vice-Mayor Lea was not present when votes
were recorded.)
7. Authorization to modify an existing purchase order to allow for
purchase of additional ambulances from Select Custom Apparatus, Inc.
(SCA).
Adopted Resolution No. 38190-081808. (6-0, Vice-Mayor Lea was
not present when vote was recorded.)
8. Execution of an agreement between the City of Roanoke and the
Roanoke City School Board for the City to maintain and inspect all
school playgrounds; and appropriation of funds.
Adopted Ordinance No. 38191-081808 and Budget Ordinance No.
38192-081808. (6-0, Vice-Mayor Lea was not present when votes
were recorded.)
9. Execution of Change Order No.2 with South End Construction, Inc., for
a credit to the City, in connection with the Roanoke Civic Center Ticket
Office and Ticket Annex renovations.
Adopted Ordinance No. 38193-081808. (6-0, Vice-Mayor Lea was
not present when vote was recorded.)
10. Execution of an interlocal contract with the Houston Galveston Area
Council (H-GAC) in connection with upgrades to the E-911 telephone
system and acceptance of a Public Safety Answering Point Grant from
the Virginia Wireless E-911 Services Board; and appropriation of funds.
Adopted Resolution Nos. 38194-081808 and 38195-081808 and
Budget Ordinance No. 38196-081808. (6-0, Vice-Mayor Lea was
not present when votes were recorded.)
11. Execution of a 2008-2009 CDBG/HOME Agreement with Habitat for
Humanity in the Roanoke Valley, Inc.
Adopted Resolution No. 38197-081808. (6-0, Vice-Mayor Lea was
not present when vote was recorded.)
12. Approval of the Fiscal Year 2009 Performance Contract with the Blue
Ridge Behavioral Healthcare Board.
Adopted Resolution No. 38198-081808. (6-0, Vice-Mayor Lea was
not present when vote was recorded.)
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7. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation of funds
for the Race to GED 2009 Program; and a report of the Director of Finance
recommending that Council concur in the request. Vivian Penn- Timity,
Director of Accounting, Spokesperson.
Adopted Budget Ordinance No. 38199-081808. (6-0, Vice-Mayor Lea was
not present when vote was recorded.)
b. A report of the Roanoke City School Board requesting that a public hearing be
held on Monday, September 15, 2008, at 7:00 p.m., or as soon thereafter as
the matter may be heard, on the issuance of VPSA School Financing Bonds
(1997 Resolution) Series 2008(B) for the William Fleming High School project;
and a report of the Director of Finance recommending that Council concur in
the request. Vivian Penn-Timity, Director of Accounting, Spokesperson.
Council concurred in the request and the City Clerk was instructed to
schedule the public hearing.
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS:
a. A resolution abolishing the War Memorial Committee.
The resolution was tabled. (5-1, Council Member Mason voting no.)
(Vice-Mayor Lea was not present when vote was recorded.)
10. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
The Director of Finance was requested to provide projections over a
five - ten year period and list of improvements and equipment, if needed,
in connection with the Countryside Golf Course. (Mayor Bowers and
Council Member Nash voting no.)
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
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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.
Ms. Lisete Alexandre, 633 Madison Avenue, N. W., spoke about lack of
response from the Police Department regarding incidents in the neighborhood.
Matter referred to the City Manager for investigation and report back to the
Council and Ms. Alexandre.
Mr. Robert Gravely, 3360 Hershberger Road, N. W., spoke about the
continuation of police harassment in the community.
Dina Michel-Wiggins, 1006 Crescent Street, N. W., spoke about alleged
mistreatment and discrimination of citizens by police officers.
Helen Davis, 35 Patton Avenue, N. E., spoke about the disrespect by City staff
of citizens in the northwest neighborhood.
Duane Howard, P. O. Box 8111, spoke about positive changes in the southeast
neighborhood and the need for additional police officers in the neighborhood.
Valerie Garner, 2264 Mattaponi Drive, N. W., spoke about the handling of the
Countryside Golf Course process by the City administration.
12. CITY MANAGER COMMENTS:
The City Manager responded to inquiries from the Council with regard to the
Street Paving Program; and commended Marion Vaughn-Howard, Youth
Services Superintendent, on a successful Youth Conference (V.O.Y.C.E.) held
at the Hotel Roanoke and Conference Center on August 14 - 16, 2008.
At this point, Vice-Mayor Lea entered the meeting. (4:11 p.m.)
Council Member Price requested that a formal recognition be held at a future
Council meeting to recognize Ms. Vaughn-Howard and youth who participated
in the conference.
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AT 4:15 P.M., THE MAYOR DECLARED THE COUNCIL MEETING IN RECESS TO BE
RECONVENED IN THE COUNCIL'S CONFERENCE FROM FOR A BRIEFING ON THE
STATUS OF THE RECREATION CENTER FEASIBILITY STUDY AND A CLOSED
MEETING.
(COUNCIL MEMBER TRINKLE LEFT THE MEETING FOLLOWING THE BRIEFING.
(5:15 P.M.)
(COUNCIL MEMBER NASH LEFT THE MEETING FOLLOWING THE CLOSED MEETING.
(6:44 P.M.)
AT 6:45 P.M., THE COUNCIL MEETING WAS RECONVENED IN THE COUNCIL
CHAMBER, MAYOR BOWERS PRESIDING AND ALL MEMBERS OF THE COUNCIL IN
ATTENDANCE, WITH THE EXCEPTION OF COUNCIL MEMBERS NASH AND TRINKLE.
CERTIFICATION OF CLOSED MEETING. (5-0, COUNCIL MEMBERS NASH AND
TRINKLE WERE ABSENT.)
THE CITY CLERK WAS INSTRUCTED TO ADVERTISE UPCOMING VACANCIES ON
THE ARCHITECTURAL REVIEW BOARD, ECONOMIC DEVELOPMENT AUTHORITY,
CITY PLANNING COMMISSION AND BOARD OF ZONING APPEALS, RESPECTIVELY,
AND THAT THE COUNCIL WILL BE INTERVIEWING APPLICANTS TO FILL SAID
VACANCIES.
THE COUNCIL MEETING WAS RECESSED UNTIL 7:00 P.M., IN THE COUNCIL
CHAMBER.
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ROANOKE CITY COUNCIL
REGULAR SESSION
AUGUST 18, 2008
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--RolI Call. Council Member Trinkle was absent.
The Invocation was delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
Welcome. Mayor Bowers.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3. Tonight's
Council meeting will be replayed on Channel 3 on Thursday, August 21, at 7:00 p.m.,
and Saturday, August 23, at 4:00 p.m. Council meetings are offered with closed
captioning for the hearing impaired.
10
PRESENTATIONS AND ACKNOWLEDGEMENTS:
Recognition of the Roanoke Kids Adventure Group, Kids in the Valley (KIVA).
Mayor Bowers and Members of Council expressed appreciation to the Chip
Donahue family on its efforts and presented them with City gifts.
A. PUBLIC HEARINGS:
1. Request of Newbern Properties, LLC, to repeal proffers as set forth in
Ordinance Nos. 32431-042495 and 35539-082001, respectively, on properties
located on Tuckawana Circle, N. W., zoned 1-1, Light Industrial District, and
replace with new proffered conditions; and that a 1.05 acre portion of property
located on Countryside Drive, N. W., be rezoned from ROS, Recreation and
Open Space District, to 1-1, Light Industrial District, subject to certain proffered
conditions. Ray Craighead, Agent, Ray Craighead and Associates,
Spokesperson.
Adopted Ordinance No. 38200-081808. (6-0)
2. Request of Samsam, LLC, to rezone a portion of property located at
2824 Franklin Road and a portion of property located on Wildwood
Road, S. W., from R-12, Residential Single Family District, and CG,
Commercial General District, to CG, Commercial General District, subject to
certain proffered conditions, and to repeal certain proffers as set forth in
Ordinance No. 27832 dated October 21, 1985. Ray Craighead, Agent,
Ray Craighead and Associates, Spokesperson.
Adopted Ordinance No. 38201-081808. (6-0)
3. Request of Lawson Building, LLC, that an undeveloped portion of Kirk
Avenue, S. E., be permanently vacated, discontinued and closed; and
properties located on Campbell and Church Avenues, as well as the vacated
portion of Kirk Avenue, S. E., be rezoned from 1-1, Light Industrial District, and
MX, Mixed Use District, to D, Downtown District, subject to a proffered
condition. Lucas Lawson Thornton, Project Manager, Spokesperson.
Adopted Ordinance Nos. 38202-081808 and 38203-081808. (6-0)
4. Request of Lewis H. Moody that a paper street located between an existing
structure on 1229 Sixth Street, S. E.', and a vacant lot, formerly known as
1301 Sixth Street, S. E., be permanently vacated, discontinued and closed.
Lewis H. Moody, Spokesperson.
Adopted Ordinance No. 38204-081808. (6-0)
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5. Proposal to authorize the issuance of $8.21 million General Obligation Public
Improvement Bonds to provide funds for the Fire-EMS Facility Improvement
Program, Library Master Plan, streetscape projects, public bridges (bridge
renovation) and school roof repair/replacement; and appropriation of funds.
Darlene L. Burcham, City Manager:
Adopted Resolution No. 38205-081808 and Budget Ordinance No. 38206-
081808. (6-0)
6. Proposal to place a Deed of Reservation on City-owned property to
accommodate a public storm water drainage easement in connection with the
development of the Cambria Suites Hotel and other properties along Reserve
Avenue. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 38207-081808. (6-0)
B. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD.
MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE
REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT
TO COUNCIL.
Mr. Harold V. Cannaday, II, P. O. Box 13481, spoke about a permanent home to
preserve his historical sports collection with an upgrade using technology in
the former homestead of Nathaniel Evans, which is located in the Booker T.
Washington Park. The City Manager was requested to explore possibilities to
assist Mr. Cannaday with his endeavor and report to the Council.
At this point, Vice-Mayor Lea left the meeting. (7:50 p.m.)
Colonel Robert Craig, 701 12th Street, S. W., spoke about the lack of leadership
in the Police Department, and funding for the Market Building and proposed
community recreation center.
Mr. Allan Wulff, 3305 Hollyfield Circle, spoke about the City using a solar pool
heating system.
The Council reappointed the members of the Mill Mountain Advisory Committee
to an additional one year term ending June 30, 2009, and instructed the City
Clerk to advertise for an additional member to serve for a term ending June 30,
2009. It was stated that the one year reappointments would allow time for the
committee to act on certain items, including implementation of bylaws for the
committee and staggered three year terms of office.
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Appointed Christopher M. Pohlad-Thomas as a member of the Parks and
Recreation Advisory Board to fill the unexpired term of Christene A.
Montgomery ending March 31, 2011.
The Council meeting was adjourned at 8:05 p.m.
13
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.w., SUITE 452
ROANOKE, VIRGINIA 240 11-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
DAVID A. BOWERS
Mayor
August 18, 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,
&;~CLW~
David A. Bowers
Mayor
DAB:crt
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
August 18, 2008
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for closed meeting
Dear Mayor Bowers and Council Members:
This is to request that City Council convene a closed meeting for the discussion of
an award of a public contract involving the expenditure of public funds and
discussion of the terms or scope of such contract, pursuant to 92.2-3711.A.29,
Code of Virginia (1950), as amended.
Darlene L. Burcham
City Manager
DLB/lsc
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
August 18, 2008
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for closed meeting
Dear Mayor Bowers and Council Members:
This is to request that City Council convene a closed meeting to discuss the
disposition of publicly-owned property, where discussion in an open meeting
would adversely affect the bargaining position or negotiating strategy of the
public body, pursuant to ~2.2-3711.A.3, Code of Virginia (1950), as amended.
Respectfully submitted,
Darlene L. Bu cham
City Manager
DLB/lsc
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@ci.roanoke.va.us
Architectural Review Board
Board of Zoning Appeals
Planning Commission
August 18, 2008
The Honorable David A. Bowers, Mayor
Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
As Chairman of the Roanoke City Board of Zoning Appeals for 2007, it is
my honor to present to you the annual report for July 1, 2007, through June 30,
2008. For fiscal year 2007-2008, the Board of Zoning Appeals held eleven (11)
regular public hearings, during which there were five (5) variance requests,
eighteen (18) special exception (use) requests, and no appeals of the Zoning
Administrator's decision.
In the current year, the Board of Zoning Appeals' goals are: first, continue
to serve the citizens and developers of the community in furthering the
use, development and redevelopment of property through variances and
special exceptions; second, to continue to act as a discretionary
administrative body and make decisions in matters where a person or party
within the community is aggrieved by a decision made in the administration or
enforcement of the zoning ordinance; and lastly, to recommend to the
Planning Commission and City Council necessary revisions to the zoning
ordinance in order for the Board to continue to provide fair and equitable service
to the community and its citizens. The Board continues to work with the City
Attorney's Office to assure that our procedures promote a concise and fair
process.
On behalf of the Board, I would like to express our appreciation for
Council's ongoing efforts to improve the effectiveness of the Board of Zoning
Appeals through funding for the training and certification of the Board members.
J e Miller, Chairman
Board of Zoning Appeals
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
August -19, 2008
Wayne G. Strickland, Executive Director
Roanoke Valley-Alleghany Regional Commission
P. O. Box 2569
Roanoke, Virginia 24010
Dear Mr. Strickland:
This is to advise you that Court G. Rosen has qualified as a member of the Roanoke
Valley-Alleghany Regional Commission to fill the unexpired term of Beverly T.
Fitzpatrick, Jr., for a term commencing July 1, 2008, and ending June 30, 2009.
Sincerely,
~tn.~
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, Court G. Rosen, do solemnly affirm that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of
Virginia, and that I will faithfully and impartially discharge and perform all the
duties incumbent upon me as a City representative to the Roanoke Valley-
Alleghany Regional Commission, to fill the unexpired term of Beverly T.
Fitzpatrick, Jr., commencing July 1, 2008, and ending June 30, 2009, according
to the best of my ability (So help me God).
J
,,15-1 (tL
Subscribed and sworn to before me thi~'liay of TT 2008.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
B
K:\oath and leaving service\Roanoke Valley Alleghany Regional Cornrnission\Court G Rosen oath RValleyAlleghenyRC 6 30 2009.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
August 19, 2008
David W. Rundgren, Executive Director
Virginia's First Regional Industrial
Facility Authority
6580 Valley Center Drive, Suite 124
Radford, Virginia 24141
Dear Mr. Rundgren:
This is to advise you that Court G. Rosen has qualified as a member of the
Virginia's First Regional Industrial Facility Authority Board of Directors and the New
River Valley Commerce Park Participation Committee, for terms ending June 30,
2012, respectively.
Sincerely,
~rn.rnl>>Yl)
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, Court G. Rosen, 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 Virginia's First Regional
Industrial Facility Authority Board of Directors, for a term ending June 30, 2012,
according to the best of my ability (So help me God).
~~
(jE/ .-.J- t#;-
._ 1
Subscribed and sworn to before me thi ~day of. 2008.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
B:$/~ ~LERK
K:\oath and leaving service\Virginia's First Reginallndustrial Facility Authority\Court rosen oath 6 30 12.doc
..
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Court G. Rosen, 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 New River Valley Commerce
Park Participation Committee, for a term ending June 30, 2012, according to the
best of my ability (So help me God).
Subscribed and sworn to before me thiJ ~tay o~ 2008.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
~jMm ~LERK
K:\oath and leaving service\New River VaHey Commerce Park Participation Committee\Court rosen oath 6 30 l2.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
STEPHANIE M. MOON, CMC E-mail: cIerk@roanokeva.gov
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
August 19, 2008
Carl H. Kopitzke, Chair
Parks and Recreation Advisory Board
2314 Martin Lane, S. W.
Roanoke, Virginia 2401 5
Dear Mr. Kopitzke:
This is to advise you that Gordie L. Ziegler has qualified as a member of the Parks
and Recreation Advisory Board to fill the unexpired term of Sherley E. Stuart
ending March 31, 2011.
Sincerely,
~m.~
Stephanie M. Moon, CMe
City Clerk
SMM:ew
pc: Linda Bedasaul, Secretary, Parks and Recreation Advisory Board
Joyce S.'johnson, Assistant to the Mayor
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Gordie L. Zeigler, 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 Parks and
Recreation Advisory Board to fill the unexpired term of Sherley E. Stuart, ending
March 31, 2011, according to the best of my ability (So help me God).
"(
Subscribed and sworn to before me this J!t;..v of ~08.
IL TON, CLERK OF THE CIRCUIT COURT
BY
, CLERK
K:\oath and leaving service\Parks and Rec\Gordie L Zeigler oath 3 2011.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: cIerk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
August 19, 2008
Douglas C. Jackson, Chair
Roanoke Arts Commission
2121 Windsor Avenue, S. W., #B
Roanoke, Virginia 24015
Dear Mr. Jackson:
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
This is to advise you that Charlene V. Graves has qualified as a member of the
Roanoke Arts Commission for a term ending June 30, 2011.
Sincerely,
SM M: 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, Charlene V. Graves, 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).
~t~~~
Subscribed and sworn to before me this 1:2 day of ~2008.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BY
ERK
K:\oath and leaving service\Arts Commission\Charlene Valcurtia Graves oath 6 30 Il.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
,Assistant Deputy City Clerk
August 19, 2008
Jeff Campbell, Chair
Roanoke Neighborhood Advocates
424 Highland Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Campbell:
This is to advise you that Valerie L. Garner, has qualified as a'member of the
Roanoke Neighborhood Advocates for a term ending June 30, 2011.
Sincerely,
· In. Jr;dnV
Stephanie M. Moon, CMC
City Clerk
SMM:ew
pc: Robert A. Clement, Jr., Neighborhood Services Coordinator,' Roanoke
Neighborhood Partnership
Joyce S. Johnson, Assistant to the Mayor
Oath or Affi rmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Valerie L. Garner 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 Neighborhood
Advocates, for a term ending June 30, 20", according to the best of my ability
(So help me God).
~D(~ ;t,1h~
Subscribed and sworn to before me thiS~ay of
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BY
K:\oath and leaving service\Roanoke Neighborhood Advocates\Valerie L Gamer oath 8 08.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1 145
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 19, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38178-081808 appropriating
funds from the Commonwealth of Virginia Compensation Board Technology
Trust Fund for Supreme Court of Virginia fees for optical imaging and retrieval
project charges in the Office of Circuit Court Clerk, and amending and
reordaining certain sections of the 2008-2009 General Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 18, 2008, and is in full
force and effect upon its passage.
Sincerely, .
~/Y). ~6W
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: The Honorable Brenda S. Hamilton, Clerk of Circuit Court
William M. Hackworth, City Attorney
Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
(!:
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38178-081808.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
Compensation Board Technology Trust Fund for Supreme Court of Virginia fees for optical
imaging and retrieval project charges in the Office of Circuit Court Clerk, amending and
reordaining certain sections of the 2008-2009 General Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2008-2009 General Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Fees for Professional Services
Expendable Equipment
Revenues
Clerk of Circuit Court
"
01-120-2111-2010
01-120-2111-2035
$ 67,573
5,213
01-110-1234-0616
72,786
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. ~IW
City Clerk.
c~o~
~i~
o
CLERK OF CIRellI1'
COo-.
~)>
Criminal: (540) 853-6723
Civil: (540) 853-6702
CIRCUIT COURT
OF THE CITY OF ROANOKE
TWENTY-THIRD JUDICIAL CIRCUIT
OF VIRGINIA
315 Church Avenue, S.w.
P.O. Box 2610
Roanoke, Virginia 24010
BRENDA S. HAMILTON
CLERK
August 18, 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 1. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Technology Projects
Funding Request
Background:
The Clerk of the Circuit Comi is responsible, by statute, for the recordation of legal
instruments. These instruments include: Land Records, Maniage Licenses, Financing
Statements, Assumed Names, Wills and other Probate Records, and Law, Chancery and
Criminal Orders. These Records must be maintained and be available to the Public.
The Circuit Court Clerk's Office was mandated by the State Legislature, effective July 1,
2008, to make available on-line to the public, Land and related records of the locality. To
accomplish this, Social Security Numbers had to be redacted from all the records made
available to the public. The Supreme Comi of Virginia performed this redaction at a cost
to the Clerk's Office of $56448.
The vendor (Data Bank) pOliion of the project to scan and merge the Judgments recorded
in the Clerk's Office into the Supreme Court of Virginia's optical imaging and retrieval
system has been completed. The remaining payment owed to Data Bank is now due.
This payment is in the amount of$11125.
It was necessary to purchase' a scanning station for Clerk's Office staff to complete the
final stage of the before mentioned Judgment scanning project. This station purchased
from the Supreme Court of Virginia cost $5213.
Honorable Mayor and Members of City Council
August 18, 2008
Page 2
Considerations:
The total cost for these projects, $72786, will be covered with funding from the
Technology Trust Fund of the Commonwealth of Virginia Compensation Board of
Virginia.
Recommended Action:
Authorize the Director of Finance to establish a revenue estimate in the General Fund in
the amount of $72786 and appropriate funding in the same amount to the following
expenditure accounts:
Fees for Professional Services (01-120-2111-2010)
$67573
Expendable Equipment
(01-120-2111-2035)
$5213
ii=b~ed~
~da S. Hamilton
Clerk of Circuit
BSH:jrnh
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director of Management and Budget
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
August 18, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Technology Projects Funding
Request
I concur with the recommendation from Brenda S. Hamilton, Clerk of Circuit Court,
for the City of Roanoke, with respect to the subject reference above and
recommend that City Council authorize the Director of Finance to establish a
revenue estimate in the General Fund in the amount of $72,786 and appropriate
funding in the same amount to the appropriate expenditure accounts.
Respectfully submitted,
Darlene L. Bur
City Manager
DLB:jb
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
C008-0000 5
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: cIerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August 19, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38179-081808 reducing the
appropriation of funding from the Virginia Department of Transportation for
street paving, and amending and reordaining certain sections of the 2007-2008
General Fund Appropriations; and Budget Ordinance No. 38180-081808
appropriating funds from the Virginia Department of Transportation for street
paving, and amending and reordaining certain sections of the 2008-2009
General Fund Appropriations.
The abovereferenced measures were adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 18, 2008, and are in full
force and effect upon their passage.
Sincerely,
A~fn.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Robert K. Bengtson, P. E., Director of Public Works
Mark D. Jamison, P. E., PTOE, Manager, Transportation Division
(X
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38179-081808.
AN ORDINANCE to reduce the appropriation of funding from the Virginia
Department of Transportation for street paving, amending and reordaining certain sections
of the 2007-2008 General Fund Appropriations and dispensing with the second reading by
title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2007-2008 General Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Fees for Professional Services
Revenues
Revenue Sharing - Transportation
01-530-4120-2010
$ ( 250,000)
( 250,.000)
01-110-1234-0653
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
'A~.~ "In. ~0b1V
City Clerk.
tX
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38180-081808.
AN ORDINANCE to appropriate funding from the Virginia Department of
Transportation for street paving, amending and reordaining certain sections of the 2008-
2009 General Fund Appropriations and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2008-2009 General Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Fees for Professional Services
Revenues
Revenue Sharing - Transportation
01-530-4120-2010
$ 250,000
250,000
01-110-1234-0653
Pursuant to the provisions of Section 12 ofJhe City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
-4+-:-/J - 1m-mOth
I~~-:,': .~
. . City GI~rk. _ .
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 18, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
VDOT Revenue Sharing
Program Award Adjustment
Background:
On January 22, 2008, City Council authorized the City Manager to enter into
an agreement with the Commonwealth of Virginia Department of
Transportation to accept $1,000,000 in State Revenue Sharing funds for
transportation projects. One of the projects included an expansion of the
Citywide Paving Program and included an award of $250,000. A revenue
estimate and corresponding expenditure estimate for this amount was
established in the General Fund in FY 2008.
The anticipated expenditure was not incurred because the vendor was
unwilling to allow a change order to the paving contract due to the rising
cost of fuel based products. As a result of this, the anticipated revenue was
not received from the Commonwealth of Virginia during FY 2008.
Considerations:
The funding was subsequently encumbered as a part of the FY 2009 paving
contract. However, because the services were not contracted and the revenue
not received in FY 2008 as originally anticipated, it is necessary to reduce the
Honorable Mayor and Members of City Council
August 18, 2008
Page 2
FY 2008 revenue estimate and unencumber $250,000 in the Street Paving
expenditure budget (01-530-4120-2010). The funding is anticipated to be
received in FY 2009 so it is also necessary to establish a revenue estimate in
the General Fund for FY 2009 with a corresponding expenditure increase in
the Street Paving budget both in the amount of $250,000.
Recommended Action:
Adopt the accompanying budget ordinance authorizing the Director of
Finance to decrease the revenue estimate for VDOT Revenue Sharing in FY
2008 and decrease the appropriation of $250,000 in the Street Paving
budget.
Adopt the accompanying budget ordinance authorizing the Director of
Finance to establish a FY 2009 revenue estimate in the amount of $250,000
in the General Fund for Revenue Sharing Funds and appropriate funding in
the same amount to Street Paving (01-530-4120-2010).
Respectfully submitted,
Darlene L. rcham
City Manager
DLB:acm
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 Bengtson, Director of Public Works
Mark D. Jamison, PE, Manager of Transportation
CM08-00138
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 19, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38181-081808 transferring funds
from the Parking Fund Retained Earnings for inspection, engineering analysis,
and repair needs at City owned garages, and amending and reordaining certain
sections of the 2008-2009 Parking Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 18, 2008, and is in full
force and effect upon its passage.
Sincerely,
~=o~/:1~W .
City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Robert K. Bengtson, P. E., Director of Public Works
Philip C. Schirmer, City Engineer
o
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38181-0$1808.
'\y-
AN ORDINANCE to transfer funding from the Parking Fund Retained Earnings
for inspection, engineering analysis, and repair needs at City owned garages, amending
and reordaining certain sections of the 2008-2009 Parking Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the CounCil of the City of Roanoke that the following
sections of the 2008-2009 Parking Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Fund Balance
Retained Earnings - Available 07-3348
Appropriations
Appropriated from General Revenue - Center in
the Square Garage Repairs FY09 07 -540-8263-9003
Appropriated from General Revenue - Elmwood
Park Garage Repairs FY09 07 -540-8264-9003
Appropriated from General Revenue -
Gainsboro Garage Repairs FY09 07 -540-8265-9003
$ (600,000)
240,500
329,500
30,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
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CITY OF ROANOKE
OFFICE OF THE CITY MANAGER/
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
August 18, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Parking Fund Request to
Appropriate Funds from
Retained Earnings
Background:
During FY2008, the Parking Fund in conjunction with the Office of the City
Engineer developed its Five Year Capital Improvement Plan to address the
maintenance, repair and equipment replacement needs of the City's parking
facilities as contained in Attachment A to this letter.
Each City parking garage is structurally inspected on a two year cycle by a
professional engineering firm selected by the City through its public
procurement process. Findings from these inspections along with other non-
routine preventative maintenance and equipment replacement needs are cost
estimated, prioritized and scheduled over a five year planning horizon. In
order to maximize the useful life of City parking facilities and ensure the
accuracy of all access and revenue equipment, the Parking Fund must provide
resources to address such needs so that all of its facilities are maintained in
a fully functional condition.
Considerations:
The Parking Fund must support these various projects from funds that are
available to do such work in the operating budget and from retained
Honorable Mayor and Members of City Council
August 18, 2008
Page 2
earnings. Parking Fund retained earnings of $600,000 are available for some
critical projects.
Attachment B to this letter includes a list of the projects to be funded.
Projects which cannot be funded in FY09 will be assessed and re- prioritized
for funding in FY10 based on resources available in the Parking fund at that
time.
Recommended Action:
Adopt the accompanying budget ordinance to appropriate funding in the
amount of $600,000 from the Parking Fund Retained Earnings to capital
project accounts to be established in the Parking Fund by the Director of
Finance.
Respectfully submitted,
Darlene L. Bur
City Manager
DLB:djm
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
Phil Schirmer, City Engineer
CM08-00129
Capital Project Budget Sheet
Project Title
Parking Structures - Major Repairs
Account Number
Capital Improvements
Center in the Square Parking Garage
Description
Property Acquisition
Project Surveying
Conceptual Design
NE Design
Geotechnical Engineering
Demolition
Construction
$
$
$
$
$
$
64,050.00
Environmental Permiting & Remediation $
~~b $
Utility Connection Fees $
Utility Relocation $
Construction Admin and Inspection $
Advertising $
Printing $
Staff Project Management & Inspection $
Testing $
Project Contingency $
22,420.00
25,620.00
75,259.00
S = $
827,849.00
Complete replacement of metal pan stairs at two (2) locations.
Installation of protective membrain on top level.
Clean and paint beams and beam connections (including lead abatement).
Spot repairs to exposed steel beams.
Repairs to brick facade expansion joints.
Handrail addition to top level to meet code requirements.
Installation of trench drain at top of ramp.
Repair to CMU lentels in stair wells.
Removal and replacement of timber bumpers at Concrete Walls
Repair construction joints on concrete surfaces.
Capital Project Budget Sheet
Project Title
Parking Structures - Major Repairs
Account Number
Capital Improvements
Elmwood Park Parking Garage
Description
Property Acquisition
Project Surveying
Conceptual Design
AlE Design
Geotechnical Engineering
Demolition
Construction
$
$
$
$
$
$
76,200.00
Environmental Permiting & Remediation $
Permits $
Utility Connection Fees $
Utility Relocation $
Construction Admin and Inspection $
Advertising $
Printing $
Staff Project Management & Inspection $
Testing $
Project Contingency $
26,670.00
30,480.00
89,535.00
S= $
984,885.00
Tie brick fac;:ade to structure.
Repair railings to meet code requirements
Removal of loose metal stay-in-place forms and concrete and painting.
Repair surface of top level.
Repairs to brick fac;:ade expansion joints.
Replace damaged and loose barrier cables.
Repair and replace stairway lintels.
Repair and replace damaged concrete curbs.
Repair expansion joints in concrete surfaces.
Capital Project Budget Sheet
Project Title
Parking Structures - Major Repairs
Account Number
Capital Improvements
Church Avenue Parking Garage
Description
Property Acquisition
Project Surveying
Conceptual Design
AlE Design
Geotechnical Engineering
Demolition
Construction
30,500.00
Environmental Permiting & Remediation $
~~~ $
Utility Connection Fees $
Utility Relocation $
Construction Admin and Inspection $
Advertising $
Printing $
Staff Project Management & Inspection $
Testing $
Project Contingency $
10,680.00
12,200.00
37,338.00
S= $
410,718.00
Repair/replace expo Joints at stairways, ramps & doorways.
Repair deck surface of Level 2A .
Repair deck surface of Level 3A.
Repair deck surface of Level 58 (upper).
Repair deck surface of Level 58 (lower).
Repair spall on parapet and column surfaces.
Repair spalls in ramp walls.
Capital Project Budget Sheet
Project Title
Parking Structures - Major Repairs
Account Number
Capital Improvements
Gainsboro Parking Garage
Description
Property Acquisition
Project Surveying
Conceptual Design
NE Design
Geotechnical Engineering
Demolition
Construction
$
$
$
$
$
$
Repair leak in NE stairwell.
Environmental Permiting & Remediation $
~~~ $
Utility Connection Fees $
Utility Relocation $
Construction Admin and Inspection $
Advertising $
Printing $
Staff Project Management & Inspection $
Testing $
Project Contingency $
2,500.00
s= $
27,500.00
Capital Project Budget Sheet
Project Title
Account Number
Description
Property Acquisition
Project Surveying
Conceptual Design
NE Design
Geotechnical Engineering
Demolition
Construction
Environmental Permiting & Remediation
Permits
Utility Connection Fees
Utility Relocation
Construction Admin and Inspection
Advertising
Printing
Staff Project Management & Inspection
Testing
Project Contingency
Parking Structures - Major Repairs
Capital Improvements
First Union Tower Garage
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
S = $
FIVE (5) YEAR MAINTENANCE AND REPAIR SCHEDULE
(In 2008 Dollars)
(CS) =
(EP) =
(CA) =
(GB) =
Center in the Square Garage
Elmwood Park Garage
Church Avenue Garage
Gainsboro Garage
FY 08-09
Garage Maintenance/Repair Task Cost
(CS) Complete replacement of metal pan stairs at two (2) locations. $ 120,000.00
(CS) Spot repairs to exposed steel beams. $ 80,000.00
(EP) Tie brick far;ade to structure. $ 150,000.00
(EP) Removal of loose metal stay-in-place forms and concrete and painting. $ 120,000.00
(EP) Replace damaqed and loose barrier cables. $ 4,000.00
(GB) Repair leak in NE stairwell. $ 25,000.00
Soft Costs
AlE Design $ 49,900.00
Construction Admin and Inspection $ 17,470.00
Testinq $ 19,960.00
Proiect Continqency $ 58,633.00
FY 09-10
TOTAL = $
644,963.00
Garage Maintenance/Repair Task Cost
(CS) Clean and paint beams and beam connections (including lead abatement). $ 188,000.00
(CS) Installation of trench drain at top of ramp. $ 15,000.00
(EP) Repair surface of top level. $ 234,000.00
(EP) Repairs to brick far;ade expansion joints. $ 87,500.00
Soft Costs
AlE Design $ 52,450.00
Construction Admin and Inspection $ 18,360.00
Testing $ 20,980.00
Project Contingency $ 61,629.00
FY 10-11
TOTAL = $
677,919.00
Garage Maintenance/Repair Task Cost
(CS) Repair to CMU lentels in stair wells. $ 16,500.00
(CS) Repairs to brick far;ade expansion joints. $ 63,000.00
(EP) Repair and replace stairway lintels. $ 15,000.00
(EP) Repair expansion joints in concrete surfaces. $ 18,000.00
(CA) Repair/replace expo Joints at stairways, ramps & doorways. $ 175,000.00
Soft Costs
AlE Desiqn $ 28,750.00
Construction Admin and Inspection $ 10,070.00
Testing $ 11 ,500.00
Project Continqency $ 33,782.00
TOTAL = $
371,602.00
FY 11-12
Garage Maintenance/Repair Task Cost
(CS) Handrail addition to top level to meet code requirements. $ 8,000.00
(EP) Repair railings to meet code requirements $ 125,000.00
(EP) Repair and replace damaged concrete curbs. $ 8,500.00
(CA) Repair deck surface of Level 2A . $ 25,000.00
(CA) Repair deck surface of Level 3A. $ 25,000.00
(CA) Repair deck surface of Level 58 (upper). $ 25,000.00
(CA) Repair deck surface of Level 58 (lower). $ 25,000.00
(CA) Repair spall on parapet and column surfaces. $ 30,000.00
(CA) Repair spalls in ramp walls. $ 15,000.00
Soft Costs
AlE Design $ 28,650.00
Construction Admin and Inspection $ 10,030.00
T estinq $ 11,460.00
Project Continqency $ 33,664.00
TOTAL = $
370,304.00
FY 12-13
Garage Maintenance/Repair Task Cost
(CS) Installation of protective membrain on top level. $ 80,000.00
(CS) Removal and replacement of timber bumpers at Concrete Walls $ 45,000.00
(CS) Repair construction joints on concrete surfaces. $ 25,000.00
Soft Costs
AlE Design $ 15,000.00
Construction Admin and Inspection $ 5,250.00
Testing $ 6,000.00
Project Contingency $ 17,625.00
TOTAL = $
193,875.00
FY09 Maintenance and Repair Projects
for which funding is requested
from Parking Fund Retained Earnings
Location
Center in the Square Garage
Elmwood Park Garage
Gainsboro Garage
Estimated Project Cost
$293,000
247,000
60,000
Total Projected Project Costs $600,000
Attachment B to Council Letter # CM08-00129
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 19, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38182-081808 authorizing the
acceptance of a grant, in the amount of $346,147.00, from the Virginia
Department of Social Services and authorizing the City Manager to execute a
grant agreement with the Virginia Department. of Social Services for such funds
for local supervision and operation of the Virginia Institute for Social Service
Training Activities Piedmont Area Training Center, 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 18, 2008.
Sincerely,
~~~M~
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, Management and Budget
Jane R. Conlin, Director of Human/Social Services
Meredith Burger, Supervisor, VISSTA Piedmont Area Training Center
OOc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38182-081808.
A RESOLUTION authorizing the acceptance of a grant in the amount of$346, 147 from the
Virginia Department of Social Services ("VDSS") and authorizing the City Manager to execute a
grant agreement with VDSS for such funds for local supervision and operation of the Virginia
Institute for .social Service Training Activities ("VISST A") Piedmont Area Training Center, upon
certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. . The grant from the Virginia Department of Social Services for local supervision and
operation of the VISST A Piedmont Area Training Center, in the amount of $346, 147 for the 2008-
2009 fiscal year, as set forth in the City Manager's letter dated August 18,2008, to this Council is
hereby ACCEPTED.
2. The City Manager, or her designee, is hereby authorized to execute a Memorandum of
Agreement and any and all requisite documents pertaining to the City's acceptance of these grant
funds, and to furnish such additional information as may be required in connection with the City's
acceptance of these funds. All documents shall be approved as to form by the City Attorney.
ATTEST:
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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 19, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38183-081808 reducing funds
from the Virginia Department of Social Services for the Virginia Institute for
Social Service Training Activities, and amending and reordaining certain
sections of the 2008-2009 General Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 18, 2008, and is in full
force and effect upon its passage.
· tn. hLdW
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Jane R. Conlin, Director of Human/Social Services
Meredith Burger, Supervisor, VISSTA Piedmont Area Training Center
{x
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38183-081808.
AN ORDINANCE to reduce funding from the Virginia Department of Social
Services, for the Virginia Institute for Social Service Training Activities (VISST A), amending
and reordaining certain sections of the 2008-2009 General Fund Appropriations and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2008-2009 General Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Regular Employee Salaries
City Retirement
ICMA Match
FICA
Dental Insurance
Life Insurance
Disability Insurance
Administrative Supplies
Expendable Equipment
Program Activities
Provider Training Activities
Postage
Revenues
VISST A
. 01-630-5318-1002
01-630-5318-1105
01-630-5318-1116
01-630-5318-1120
01-630-5318-1126
01-630-5318-1130
01-630-5318-1131
01-630-5318-2030
01-630-5318-2035
01-630-5318-2066
01-630-5318-2085
01-630-5318-2160
01-110-1234-0671
$( 14,302)
( 2,272)
( 432)
( 1,126)
( 175)
( 127)
( 38)
( 2,980)
3,135
( 100,983)
( 8,000)
( 1,700)
( 129,000)
Pursuant to the provisions of Section .12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:'
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CiWCle~. ~
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 18, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Virginia Department of
Social Services
VISSTA Award Agreement
Background:
The Virginia Department of Social Services (VDSS) has for many years
granted funds to Virginia Commonwealth University (VCU) for the operation
of five Virginia Institute for Social Service Training Activities (VISSTA) Area
Training Centers throughout the Commonwealth. Since 1998 the City of
Roanoke has received an annual Memorandum of Agreement for the local
supervision and operation of the Piedmont Area Training Center.
Considerations:
For Fiscal Year 2009, the adopted General Fund Budget contained a revenue
estimate of $475,000 for this program based on an anticipated award at a
prior year spending level. However, due to programmatic changes required
by VDSS, with a resulting reduction in the number of courses to be offered
and the loss of the child care provider training functions, the actual award
for this fiscal year is $ 346,000, which is $129,000 lower than the initial
revenue estimate. The award is issued on a cost reimbursable basis.
The VISSTA program provides valuable training classes for local Department
of Social Services staff, including social workers, benefit program workers,
Honorable Mayor and Members of City Council
August 18, 2008
Page 2
supervisors and administrative staff, as well as staff from community
partners such as non-profits and agencies serving the same clientele as the
Departments of Social Services for a 32-locality region. These training
events enhance the knowledge and skills of these staff, such that vulnerable
children, adults and families are effectively assisted in obtaining an
appropriate level of safety and self-sufficiency.
Recommended Action:
Authorize the City Manager or her designee to accept the VISSTA award from
VDSS, and to execute the Memorandum of Agreement between the VDSS and
the City of Roanoke Department of Social Services, in a form to be approved
by the City Attorney.
Adopt the accompanying budget ordinance to reduce the revenue estimate
by $129,000 and make corresponding expenditure adjustments to the
following accounts in the VISSTA budget as outlined below:
Regular Salaries (01-630-5318-1002)
City Retirement (01-630-5318-1105)
ICMA Match (01-630-5318-1116)
FICA (01-630-5318-1120)
Dental Insurance (01-630-5318-1126)
Life Insurance (01-630-5318-1130)
Disability Insurance (01-630-5318-1131)
Program Activities (01-630-5318-2066)
Provider Training Activities (01-630-5318-2085)
Postage (01-630-5318-2160)
Administrative Supplies (01-630-5318-2030)
Expendable Equipment (01-630-5318-2035)
($14,302)
( 2,272)
( 432)
( 1,126)
( 1 75)
( 1 27)
( 38)
(100,983)
( 8,000)
( 1,700)
( 2,980)
3,135
Darlene L. B cham
City Manager
DLB:tem
C: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assist. City Manager for Community Development
Sherman M. Stovall, Director of Management and Budget
Jane R. Conlin, Director of Human/Social Services
Meredith Burger, Manager, VISSTA Piedmont Area Training Center
#CM08-00127
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 19, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia (
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38184-081808 accepting the Criminal
Justice Information Technology Improvement grant to the City of Roanoke from
the Department of Criminal Justice Services, and authorizing execution of any
required documentation on behalf of the City.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 18, 2008.
Sincerely,
~ m. "tm)
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, Management and Budget
A. L. Gaskins, Chief of Police
Frank E. Baratta, Budget Team Leader
~~
w
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38184-081808.
A RESOLUTION accepting the Criminal Justice Information Technology Improvement
grant to the City from the Department of Criminal Justice Services, and authorizing execution of
any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke does hereby accept the Criminal Justice Information
Technology Improvement grant offered by the Department of Criminal Justice Services in the
amount of $30,913.00 upon all the terms, provisions and conditions relating to the receipt of such
funds. The grant, which requires a $10,305.00 cash match by the City, is more particularly
described in the letter of the City Manager to Council, dated August 18, 2008.
2. The City Manager and the City Clerk are hereby authorized to execute, seal, and
attest, respectively, the grant agreement and all necessary documents required to accept the grant,
all such documents to be approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such additional information as
may be required in connection with the City's acceptance of this grant.
ATTEST:
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,:City Clerk. '
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August 19, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38185-081808 appropriating
funds from the Commonwealth of Virginia for the Information Technology
Improvement 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 18, 2008, and is in full
force and effect upon its passage.
Sincerely,
A~tn.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend,.Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
A. L. Gaskins, Chief of Police
V<
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38185-081808.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
for the Information Technology Improvement 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
Fees for Professional Services
Expendable Equipment
Publications and Subscriptions
Furniture and Equipment
Revenues
Information Technology Improvement
Grant FY09
Information Technology Improvement
Grant Local Match FY09
35-640-3590-2010
35-640-3590-2035
35-640-3590-2040
35-640-3590-9005
35-640-3590-3590
35-640-3590-3591
$ 1 ,290
4,303
15,725
19,900
30,913
10,305
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~ Ir). h1/lhV
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 18, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Criminal Justice Information
Technology Improvement Grant
Background:
On July 3, 2008, the Police Department was awarded funding by the Virginia
Department of Criminal Justice Services (DCJS) to support technological
improvements. These improvements include a palm scanner attachment and
related equipment for the fingerprinting station in the Roanoke City Jail and
the purchase of NetMotion software licenses.
The palm scanner attachment allows for the capture of palm prints as well as
fingerprints from arrested subjects. Approximately 32% of all latent suspect
prints left at crime scenes are from the palms. The addition of palm prints to
the national database will increase our ability to identify suspects and thus,
solve more crimes.
The Netmotion software will increase the functionality of our patrol vehicles'
Mobile Computer Terminals by enabling them to connect to the Departmental
Records Management System through a wireless data card. Once installed,
the improved system will . increase efficiency by allowing officers to
communicate electronically with departmental databases while still in the
field. This will reduce driving trips to the police station, keep officers in their
patrol zones and potentially reduce response times to calls for service.
Honorable Mayor and Members of City Council
August 18, 2008
Page 2
The granted amount is $30,913 and it will be used to purchase the above
described items. The grant requires a cash match of $10,305 which will be
funded from the Local Match Funding for grants (35-300-9700-5415).
Recommended Action:
Accept the Technology Improvement Grant from the Department of Criminal
Justice Services and authorize the City Manager to execute the grant
agreements and any related documents, subject to them being approved as
to form by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate
for State grant funds of $30,913, transfer local cash match funding of
$10,305 from Local Match Funding for Grants (35-300-9700-5415), and to
appropriate total funding of $41,218 in accounts to be established by the
Director of Finance in the Grant Fund as follows:
Appropriation:
Description
Account
Amount
Furniture and Equipment
Expendable Equipment
Fees for Professional Services
Publications and Subscriptions
9005
2035
2010
2040
$ 19,900
$ 4,303
$ 1,290
$ 15,725
Total $ 41,218
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
A. L. Gaskins, Chief of Police
Sherman M. Stovall, Director of Management and Budget
CM08-00133
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 19, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38186-081808 accepting the Crime
Analysis grant to the City of Roanoke from the Department of Criminal Justice
Services, and authorizing execution of any required documentation on behalf of
the City.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 18, 2008.
Sincerely,
1.~o~~7L
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, Management and Budget
A. L. Gaskins, Chief of Police
Frank E. Baratta, Budget Team Leader
r~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38186-081808.
A RESOLUTION accepting the Crime Analysis grant to the City from the Department of
Criminal Justice Services, and authorizing execution of any required documentation on behalf of
the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
. 1. The City of Roanoke does hereby accept the Crime Analysis grant offered by the
Department of Criminal Justice Services in the amount of $12,653.00 upon all the terms,
provisions and conditions relating to the receipt of such funds. The grant, which requires a
$4,218.00 cash match by the City, is more particularly described in the letter of the City Manager
to Council, dated August 18,2008.
2. The City Manager and the City Clerk are hereby authorized to execute, seal, and
attest, respectively, the grant agreement and all necessary documents required to accept the grant,
all such documents to be approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such additional information as
may be required in connection with the City's acceptance of this grant.
ATTEST:
~~fn.~~
City Clerk.
CITY OF ROANOKE .
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
August 19, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38187-081808 appropriating
funds from the Commonwealth of Virginia for the Crime Analysis 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 18, 2008, and is in full
force and effect upon its passage.
Sincerely,
1::'::n~c ~
City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
A. L. Gaskins, Chief of Police
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38187-081808.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
for the Crime Analysis 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
Temporary Employee Wages
FICA
Revenues
Crime Analysis Grant FY09
Crime Analysis Grant Local Match FY09
35-640-3450-1004
35-640-3450-1120
$ 15,672
1,199
12,653
4,218
35-640-3450-3450
35-640-3450-3451
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~M.~
City Clerk. I,
\ \ !
,'\
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
August 18, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anitaj. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Crime Analysis Grant
Background:
On June 26, 2008, the Roanoke Police Department was awarded
continuation funding by the Virginia Department of Criminal justice
Services (DCjS) to support the Department's Crime Data Technician
position. This is the third year that the Department has received funding
for this position. The Crime Data Technician supports our Crime Analyst
by researching report information in our Department's Records
Management System, responding to citizen and officer requests for crime
information and assisting the Crime Analyst in the analysis and creation of
crime forecasts that are distributed throughout our Department.
The grant amount is $12,653, and it will be used to provide salary for a
part time Crime Data Technician. The grant requires a cash match of
$4,218, which will be funded from the Local Match Funding for grants (35-
300-9700-541 5), for a total $16,871.
Recommended Action:
Accept the Crime Analysis Grant described above and authorize the City
Manager to execute the grant agreement and any related documents, in
such form as is approved by the City Attorney.
Honorable Mayor and Members of City Council
August 18, 2008
Page 2
Adopt the accompanying budget ordinance to establish a revenue
estimate for State grant funds of $12,653 and to transfer funding of
$4,218 from Local Match Funding (35-300-9700-5415), and to appropriate
total funding of $16,871 in accounts to be established by the Director of
Finance in the Grant Fund as follows:
Appropriation:
Description Account
Amount
Temporary Employee Wages 1004
FICA 1120
$15,672
$ 1, 1 99
$16,871
Total
Respectfully submitted,
Darlene L. Bur ham
City Manager
DLB:gws
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
A. L. Gaskins, Chief of Police
Sherman M. Stovall, Director of Management and Budget
CM08-00130
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 19, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38188-081808 accepting the State
Homeland Security Program Grant to the City of Roanoke from the Virginia
Department of Emergency Management, 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 18, 2008.
;;;J~In, ~
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, Management and Budget
James Grigsby, Assistant City Manager of Operations
H. David Hoback, Fire-EMS Chief
Frank E. Baratta, Budget Team Leader
""~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38188-081808.
A RESOLUTION accepting the State Homeland Security Program Grant to the City from
the Virginia Department of Emergency Management (VDEM), 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 State Homeland Security Program
Grant offered by the Virginia Department of Emergency (VDEM) in the amount of $65,462.00
upon all the terms, provisions and conditions relating to the receipt of such funds, as more
particularly described in the letter of the City Manager to Council, dated August 18,2008.
2. The City Manager and the City Clerk are hereby authorized to execute, seal, and
attest, respectively, the grant agreement and all necessary documents required to accept the grant,
all such documents to be approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such additional information as
may be required in connection with the City's acceptance of this grant.
ATTEST:
~.h1.~
City Clerk I
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
August 19, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38189-081808 appropriating
funds from the Commonwealth of Virginia Department of Emergency
Management for the State Homeland Security Program 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 18, 2008, and is in full
force and effect upon its passage.
Sincerely,
~~m.~
Stephanie M. Moon, CMC
City Clerk
SM M: ew
Attachment
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
James Grigsby, Assistant City Manager of Operations
H. David Hoback, Fire-EMS Chief
o
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38189-081808.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
Department of Emergency Management for the State Homeland Security Program
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
Expendable Equipment
Other Equipment
Revenues
State Homeland Security Grant FY09
35-520-3529-2035
35-520-3529-9015
$ 27,652
37,810
65,462
35-520-3529-3529
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST: ,
~h1i.~
, 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 18, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Virginia Department of
Emergency Management
Grant Acceptance
Background:
Roanoke Fire-EMS serves as the Region's Hazardous Materials Team. The
Virginia Department of Emergency Management (VDEM) allocates funds
each year. This year, the monies allocated are to be used for HAZMAT
Team Equipment and Training.
In July, 2008, VDEM awarded the City of Roanoke funds in the amount of
$65,462. from the 2007 State Homeland Security Program Grant: Hazmat
Team Equipment and Training from the National Preparedness Directorate,
United States Department of Homeland Security and administered by the
Commonwealth. The Department will purchase the following items with
these funds: Personal Protective Equipment, Information Technology
Equipment and Detection Equipment. This grant requires no matching
funds from the City. The funds will be placed in account #35-520-3529-
3529 and the expense account will be as established by the Finance
Director.
Honorable Mayor and Members of City Council
August 18, 2008
Page 2
Considerations:
City Council action is needed to formally accept and appropriate these
funds, establishing revenue estimates and appropriations to purchase the
equipment and supplies in accordance with provisions of this grant.
Recommended Action:
Accept the grant as previously described 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
in the amount of $65,462 and to appropriate the same amount in accounts
to be established in the Grant Fund by the Director of Finance.
Respectfully submitted,
Darlene L. Bu
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
CM08-00136
(Application can be found @ www.vaemergecny.com/grants/formsl)
Commonwealth of Virginia
Virginia Department of Emergency Management
Grant Management Office
GRANT APPLICATION
Grant Year:
Subgrantee Name:
Award Date:
Federal Program:
1. Legal Agency Name:
Cit of Roanoke
State
City/County
College
Airport
Authority
Planning District
Other: Specify)
Legal Agency Address:
215 Church Ave., Room 364
Roanoke, VA 240122
(Area) Phone #: 540-853-5785
(Area) FAX #: 540-853-1172
E-Mail Address: tiffanV.bradbury@roanokeva.qov
o
o
o
o
o
o
o
4. PROJECT TITLE:
5. GOAL & OBJECTIVE:
6. TARGET CAPABILITY
By signing this application, I certify (1) to the statements contained in the list of certifications and (2) that the statements
herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances and agree to
comply with any resulting terms if I asset an award. I am aware that any false, fictitious, or fraudulent statements or
claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001)
Information
Name
Title
Organization
E-mail
Telephone
Fax
Address
Authorization Official
James Grigsby
Assitant City Manager
City of Roanoke
Ja v
(540)853-2333
(540)853-1138
215 Church Ave., Rm. 364 Roanoke,
Agency Project Manager
Tiffany Bradbury
Education/I nformation Specialist
Roanoke Fire-eMS
tiffanv.bradbury@roanokeva.qov
(540)853-5785
(540)853-1172
713 Third St., SW Roanoke, VA 2401
Signature of Authorization Official
Title
-2130036.xls
POC&OBJECTIVES
Financial Officer
Vince Stover
Support Administrator
Roanoke Fire-EMS
Vince.Stover@roanokeva.qov
(540)853-2327
(540 )853-1172
713 Third St., SW Roanoke, VA 2
Date
VDEM
Revised 11/17/06
BUDGET WORKSHEET - EQUIPMENT
Personal Protective Equipment (PPE)
Explosive Device Mitigation and Remediation Equipment
CBRNE Operational Search and Rescue Equipment
Information Technology
Cyber Security Enhancement Equipment
Interoperable Communications Equipment
Detection Equipment
Decontamination Equipment
Medical Supplies and Limited Types of Pharmaceuticals
Power Equipment
CBRNE Reference Materials
CBRNE Incident Response Vehicles
Terrorism Incident Prevention Equipment
Physical Security Enhancement Equipment
Inspection and Screening Systems
Agricultural Terrorism Prevention, Response, and Mitigation Equipment
CBRNE Response Watercraft
CBRNE Aviation Equipment
CBRNE Logistical Support Equipment
Intervention Equipment
Other Authorized Equipment
TOTAL FOR OBJECTIVE:
-2130036.xls
SHSP EQUIP
Total Whole Dollars
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
"Discipline
Haz-Mat
~""II":' ';' I =~ I ~"'
$6,000 Haz-Mat
$2,340 Haz-Mat
Haz-Mat
:llnl~3- 111111111111111111111 "I'II,""i"1 II 11111111111 I
~-- - ~~- -~~ ~
$
$65,461
$150 Haz-Mat
Haz-Mat
VDEM
11/17/06
BUDGET NARRATIVE" EMERGENCY MANAGEMENT.
Budget Description: List each item from YOLJrbudget worksheet pages in the same orqer in which they are listed on the preceding
PPE
Quantity: 30
Roanoke Fire-EMS
$140.00 each $4,200 Total
Flash Jumpsuit
Used for under suit flash protection
PPE
Quantity: 10
Roanoke Fire-EMS
$35.20 each, $352.00 Total
B-Bar Adapter for Scott Mask
Used to attach to Scott Mask while using filter cartridge
PPE
Quantity 6
Roanoke Fire-EMS
$150.00 each, $900.00 Total
Classic Cool Vest
Vest will maintain a constant 59 degrees for up to 2.5 hours, will be used on responders while working in Level A & B PPE
PPE
Quantity: 1
Roanoke Fire-EMS
$29.40
Kappler Tychem chemical tape
Use as a liquid chemical splash protection while wearing PPE
Information Technology
Quantity: 3
Roanoke Fire-EMS
$2,000 each, $6,000 Total
Rae Link Wireless Modem
Allows real time data transmission between remote monitors and a base station. Monitors used will be MiniRae3000 & MultiRae Plus
Detection Equipment
Quantity: 1
Roanoke Fire-EMS
$3,1 00
MiniRae 30000
Portable Handheld vac Monitor
Volatile organic compound monitor used for leak detection and atmospheric monitoring
Detection Equipment
Quantity: 5
Roanoke Fire-EMS
$640 each, $3,200 Total
QRae II
Portable multi-gas detector for carbon monoxide, oxygen, lower explosive limit
Detectors will be placed on ladder companies and EMS supervisor vehicle
Detection Equipment
Quantity: 2
Roanoke Fire-EMS
$2,295 each, Total: $4,590
MultiRae Plus
Portable 4 gas monitor with vac detection
Monitor will detect volatile organic compounds, carbon monoxide, oxygen, lower explosive limit, hydrogen sulfide
,....,._..._ _.L:_._ r-_...:._.__ _._.L
-2130036.xls
SHSP EQUIP. BN
VDEM
11/17/06
. . .BUDGET NARRATIVE - EMERGENCY MANAGEMENT .
Budget Description: List each item from your budget worksheet pages in the same order. in which they. are .Iisted.on the preceding
. .
Detection Equipment
Quantity: 1
Roanoke Fire-EMS
$37,810
AreaRae Steel Rapid Deployment Kit wi GPS system
Rapid Deployment Kit system package for Hazardous Environment Detection
Quick assessment of gaseous threats. Kit includes 4 wireless, 5-gas AreaRae monitors, host controller for monitoring from command center
Detection Equipment
Quantity: 2
Roanoke Fire-EMS
$1,195 each, $2,390 Total
GammaRae II Responder pager kit
Radiation detector and dosimeter
Rapid response detector and dose measurements for radiation detection, will be utilized on ladder companies
Power Equipment
Quantity: 5
Roanoke Fire-EMS
$30 each, $150 Total
Automotive charger adapter 12 volt for QRae II
Use to maintain a constant charge on the QRaell multi-gas monitors
Decontamination Equipment
Quantity: 1
Roanoke Fire-EMS
$2,340
Decontamination Shower & Pool
Decontamination shower system used for Haz-Mat response
Other Authorized Equipment
Quantity: 4 sets
Roanoke Fire-EMS
$100 set, $400 total
CoolPak Sets
To replace coolpaks from cool vest after use
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Governing Body Resolution
BE IT RESOLVED BY THE
(Governing Body)
OF THE
THAT
(Name of Applicant)
, OR
(Name or Title of Authorized Agent)
, OR
(Name or Title of Authorized Agent)
(Name or Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the named applicant, a public entity established under the laws of the State
of Virginia, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department
of Homeland Security and sub-granted through the State of Virginia.
Passed and approved this
day of
,20_
Certification
I,
, duly appointed and
(Name)
of the
(Title) (Governing Body)
do hereby certify that the above is a true and correct copy of a resolution passed and approved by
the
of the
on the
(Governing body)
(Name of Applicant)
day of
,20
(Official Position)
(Signature)
(Date)
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 19, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38190-081808 authorizing a
modification to the City's purchase order with Select Custom Apparatus, Inc., to
increase the total number of ambulance vehicles from two to four, with an
additional amount of $205,486.00 being added for a total amount for the four
ambulance vehicles of $410,972.00.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 18, 2008.
Sincerely,
1S~~?m.~
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, Management and Budget
James Grigsby, Assistant City Manager of Operations
H. David Hoback, Fire-EMS Chief
Sharon T. Gentry, Purchasing Manager
Kenneth Bernard, Fleet Manager
p1.
IN THE- COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38190-081808.
A RESOLUTION authorizing a modification to the City's purchase order with Select
Custom Apparatus, mc. to increase the total number of ambulance vehicles from two to four,
with an additional amount of $205,486 being added for a total amount for the four ambulance
vehicles of $41 0,972.
BElT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager and the City Purchasing Division are hereby authorized, for
and on behalf of the. City, to take such actions and execute such documents as necessary to
modify the City's purchase order with Select Custom Apparatus, mc. to increase the total
number of ambulance vehicles from two to four, with an additional amount of $205,486 being
added for a total amount for the four ambulance vehicles of $410,972, all as more fully set forth
in the City Manager's letter to this Council dated August 18,2008.
2. The form of such modification shall be approved by the City Attorney.
ATTEST:
~In.~
CIty C1erk.,' .
\. . "
R-Select Custom Apparatus purchase order modification.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 18, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice-Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Modification to Purchase
Order/Contract to Allow for
Purchase of Additional
Ambulances
Background:
The City's Purchasing Division properly advertised and issued an Invitation for
Bid (IFB) dated December 1, 2007, for two Fire EMS ambulance vehicles. The
provisions of the IFB provided that the City could make changes to the scope of
any resulting Purchase Order, including the quantity of items ordered. Three
bid responses were received. Select Custom Apparatus, Inc. (SCA) was selected
as the lowest responsive and responsible bidder and two Purchase Orders were
issued, one for each ambulance for the amount of $102,743, for a total of
$205,486. The ambulances were ordered in early 2008, and receipt of the
vehicles is expected in the fall.
Fleet Management has also identified, on the FY09 fleet replacement list, two
additional ambulances that are scheduled to be replaced. Fleet personnel have
talked with SCA, and SCA will provide two additional ambulances to the City at
the same price of $102,743 per ambulance if the City increases the quantity of
one purchase order. This cost is approximately $7,500 less per ambulance than
the SCA current price for such vehicles, and will result in a savings of
approximately $15,000 for the City. The City will benefit by receiving two
additional new ambulance vehicles for Fire-EMS that will help to better serve the
residents of the City. :'
Honorable Mayor and Members of City Council
August 18, 2008
Page 2
'\
The cost for the two additional ambulance vehicles adds an additional
$205,486 to the original amount of $205,486. This proposed additional cost
to modify one of the purchase orders exceeds the greater of 25% or $50,000 of
the original purchase order amount; therefore, in accordance with the City
Charter, City Council approval is needed for the additional amount and
modification of the purchase order.
Funding for the additional amount of $205,486 is available in the Fleet
Management Capital Equipment account: 17-440-2642-9010.
Recommended Action:
Authorize the City Manager and the City Purchasing Division to take such
actions and execute such documents as necessary to modify one of the existing
Purchase Orders to SCA as referred to above to increase the total number of
ambulance vehicles from two to four, with an additional amount of $205,486
being added for a total amount for the four ambulance vehicles of $410,972.
Respectfully subm' ted,
~..
~rlene L. Bur am
City Manager
Iris
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
James Grigsby, Assistant City Manager for Operations
Sherman M. Stovall, Director of Management and Budget
David H. Hoback, Chief of Fire and Emergency Medical Services
Sharon T. Gentry, Purchasing Manager
Kenneth Bernard, Fleet Manager
CM08-000132
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 2401 1-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August 19, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38191-081808 authorizing the City
Manager to enter into an Agreement between the City of Roanoke and the City
of Roanoke School Board pertaining to the maintenance and inspection of the
playgrounds of the public schools within the City of Roanoke, and authorizing
the addition of a Maintenance Technician II position.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 18, 2008, and is in full
force and effect upon its passage.
Sincerely,
~117.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
Darlene L. Burcham
August 19, 2008
Page 2
pc: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools,
P. O. Box 13145, Roanoke, Virginia 24031
David B. Carson, Chair, Roanoke City School Board, 3037 Carolina
Avenue, S. W., Roanoke, Virginia 24014
Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Kelj M. Greer, Director, Human Resources
Steven C. Buschor, Director, Parks and Recreation
Jl'~ I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38191-081808.
AN ORDINANCE authorizing the City Manager to enter into an Agreement between the City
of Roanoke and the City of Roanoke School Board pertaining to the maintenance and inspection of.
the playgrounds of the public schools within the City of Roanoke; authorizing the addition of a
Maintenance Technician II position; and dispensing with the second reading of this ordinance by
title.
BE IT ORDAINED by the Council ofthe City of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute and attest,
respectively, on behalf ofthe City of Roanoke, in form approved by the City Attorney, an Agreement
with the City of Roanoke School Board, pertaining to the maintenance and inspection of all the
playgrounds of the public schools within the City of Roanoke, such Agreement to be upon such
terms and conditions as are more particularly described in the City Manager's letter dated August 18,
2008, to this Council.
2. A full-time Maintenance Technician II position shall be added to the City's
Department of Parks and Recreation in order to help administer the City's obligations pursuant to the
subj ect Agreement.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading ofthis
ordinance by title is hereby dispensed with.
ATTEST,: .
~rI.',' ~-~.,'r-n ne
A~"I. O~
" 'City Clerk.
O-Playground Agreement with Schools.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
August 19, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am enclosing copy of Budget Ordinance No. 38192-072108 appropriating
funds from the Roanoke City School Board, for the maintenance and inspection
of school playgrounds, and amending and reordaining certain sections of the
2008-2009 General and Capital Projects Funds Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, July 21, 2008, and is in full force
and effect upon its passage.
Sincerely,
· m.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools,
P. O. Box 13145, Roanoke, Virginia 24031
David B. Carson, Chair, Roanoke City School Board, 3037 Carolina
Avenue, S.W., Roanoke, Virginia 24014
Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Keli M. Greer, Director, Human Resources
Steven C. Buschor, Director, Parks and Recreation
t'X
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38192-081808.
AN ORDINANCE to appropriate funding from the Roanoke City School Board, for the
maintenance and inspection of school playgrounds, amending and reordaining certain sections of the
2008-2009 General and Capital Projects Funds Appropriations, and dispensing with the second reading
by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the
2008-2009 General and Capital Projects Funds Appropriations be, and the same are hereby, amended
and reordained to read and provide as follows:
General Fund
Appropriations
Regular Salaries
Temporary Employee Wages
City Retirement
ICMA Match
FICA
Medica/Insurance
Dental Insurance
Life Insurance
Disability Insurance
Fees for Professional Services
Motor Fuels
Construction and Development Supplies
Revenues
School Playground Services
01-620-4400-1002
01-620-4400-1004
01-620-4400-1105
01-620-4400-1116
01-620-4400-1120
01-620-4400-1125
01-620-4400-1126
01-620-4400-1130
01-620-4400-1131
01-620-4400-2010
01-620-4400-2039
01-620-4400-3011
01-110-1234-1403
Capital Projects Fund
Appropriations
Appropriated from General Revenue
Revenues
School Playground Replacement
08-620-9725-9003
08-620-9725-9725
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
$ 28,430
12,000
4,384
650
3,093
4,488
264
259
107
6,260
5,000
62,500
127,435
240,000
240,000
- m. h1 t>tnv
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 18, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Playground Maintenance
and Inspection Agreement
Background:
Currently the School Board maintains the playgrounds of the public schools
within the City of Roanoke; and the Parks and Recreation Department
maintains the playgrounds for all of the municipal parks within the City of
Roanoke. In order to protect the health, safety and welfare of citizens using
playgrounds of the public schools and to achieve the benefits of a
coordinated and consolidated inspection and' maintenance process, the
School Board desires to contract with the City to provide playground,
maintenance and inspection services to all of its playgrounds.
Considerations:
The proposed agreement, a copy of which is attached, contains mutually
agreed upon terms and conditions, including a provision that this Agreement
may be renewed for successive one (1) year terms, beginning July 1 of each
year, up to a total of three (3) successive additional one-year terms.
The proposed agreement provides for the maintenance and inspection, by
city staff, of twenty-nine playgrounds located at various school sites across
the city. It also addresses the removal of seven antiquated playgrounds,
replacement of equipment in four playgrounds, and the replacement of five
playground borders with approved impact material in the agreement's first
year.
Honorable Mayor and Members of City Council
August 18, 2008
Page 2
The anticipated cost of the playground maintenance and inspection
component of the agreement is $127,435 and includes the addition of a full-
time Maintenance Technician II position and a temporary (hourly)
Maintenance Technician II position. The cost of the playground replacement
component of the agreement is $240,000. The School Board will reimburse
the City for all costs incurred.
Recommended Action:
Authorize the City Manager to execute the Playground Inspection and
Maintenance Agreement between the Roanoke City School Board and the City
of Roanoke, in substantially the same form as it is attached to this letter;
such agreement to be approved as to form by the City Attorney.
Authorize the addition of a full-time Maintenance Technician II position in
Parks and Recreation.
Adopt the accompanying budget ordinance to:
Establish a revenue estimate in the General Fund in the amount of $127,435
and appropriate funding in the same amount to expenditure accounts in the
Parks and Recreation budget.
Establish a revenue estimate in the Capital Projects Fund in the amount of
$240,000 and appropriate funding in the same amount to a project account
titled School Playground Replacement.
Respectfully submitted,
Darlene L. B rcham
City Manager
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
Steven C. Buschor, Director of Parks and Recreation
CM08-00134
PLAYGROUND MAINTENANCE AND INSPECTION AGREEMENT
THIS AGREEMENT made this 1st day of September, 2008, by and between the School Board
of the City of Roanoke '(hereinafter "School Board") and the City of Roanoke, Virginia
(hereinafter "City").
WHEREAS, the School Board currently maintains the playgrounds of the public schools within
the City of Roanoke; and
WHEREAS, the City of Roanoke maintains the playgrounds for all of the municipal parks
within the City of Roanoke; and '
WHEREAS, in order to protect the health, safety and welfare of citizens using playgrounds of
the public schools and to achieve the safety benefits within our local governments, the School
Board desires to contract with the City to provide Playground Maintenance and Inspection
Services to all of its playgrounds.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
ARTICLE I
PURPOSE
The purpose of this Agreement is to memorialize an agreement between the City and the School
Board for the City to maintain and inspect the School Board's playgrounds.
ARTICLE II
DEFINITIONS
As used in this Agreement, the following terms shall have the meaning ascribed to them:
"Capital Projects" shall be defined as the capital improvements to be made by the City on behalf
of the School Board as described in the attached Schedule A.
"Playground Maintenance and Inspection Services" shall be those services to be performed by
the City on behalf of the School Board and as. described further in the attached Schedule B.
"Playgrounds" shall be defined as the facilities described and set forth in the attached Schedule
C.
Playground Maintenance Agrccmcnt-7 -28-08-clcan.doc
1
ARTICLE III
OBLIGATIONS OF THE PARTIES
The parties agree that the following represents their respective obligations:
I. SERVICES PROVIDED BY THE CITY OF ROANOKE:
(A) The City agrees to provide the following services to the School Board:
(i) The City shall maintain and inspect the School Board's Playgrounds
during the term of this Agreement.
(ii) The Playgrounds to be maintained and inspected by the City under this
Agreement are set forth in Schedule C attached hereto. Any additions
and/or deletions to Schedule C shall be approved in writing by both
parties.
(iii) The City shall be responsible for all supplies, materials, repair parts and
equipment necessary to maintain and inspect all Playgrounds described in
Schedule C of this Agreement.
(iv) With approval of the School Board, the City shall have the authority to
remove any or all play equipment that it deems is unsafe or unsuitable. In
the event the School Board does not approve within two (2) business days
of notice from the City the removal of any play equipment that the City
deems is unsafe or unsuitable, the School Board shall immediately be
responsible for all maintenance, including removal or replacement of such
equipment, and inspection of the same. Any removal or replacement of
play equipment deemed by the City to be unsafe or unsuitable, but which
is not approved by the School Board, shall be at the expense of the School
Board.
(v) The City may, at its expense, retain the services of a subcontractor to
install any replacement or new play equipment. The cost of such services
shall be as set forth in Schedule A.
(B) The parties agree that the City shall perform the Playground Maintenance and
Inspection Services in a good and workmanlike manner consistent with the
manner in which the City's playgrounds are maintained.
(C) ,The parties agree thatthe City will address the initial playground maintenance and
inspection needs of the School Board as set forth in Schedule B in an expedited
manner as time and manpower reasonably permit. The City agrees to deploy such
resources as are reasonably necessary to address and complete the initial
Playground Maintenance Agrccmcnt-7-28-08-clcan.doc
2
playground maintenance and inspection needs by October 31, 2008, as time and
manpower reasonably pennit.
(D) To the extent that the Deputy Superintendent of the School Board is not
reasonably satisfied with any aspect of the City's perfonnance hereunder, the
Deputy Superintendent will notify the City in writing, and the City shall take
reasonable steps in a reasonably timely manner, as funding and manpower permit,
to respond in a positive and effective manner to address the concerns of the
School Board. Failure to attempt to take such reasonable steps shall be deemed to
be an event of default on the part of the City. Failure by the Deputy
Superintendent to notify the City of any alleged breach of this Agreement within
ten (10) business days shall constitute a waiver of any such alleged breach of this
Agreement.
(E) During the term of this Agreement, the City will train, manage and direct all City
employees engaged in the Playground Maintenance and Inspection Services. The
City will perform all administrative responsibilities which relate to the
employment of such employees during the term of this Agreement.
II. FEES TO BE PAID BY, AND OBLIGATIONS OF, THE SCHOOL BOARD
(A) The School Board shall make a payment to the City of One Hundred Twenty-
Seven Thousand Four Hundred Thirty Five Dollars ($127,435.00) for Playground
Maintenance and Inspection Services from September 1, 2008 through June 30,
2009 by September 30, 2008. After the 200812009 fiscal year, a mutually agreed
upon annual playground maintenance and inspection fee shall be established by
the parties for all subsequent fiscal years of this Agreement by the fifteenth day of
March preceding the first day of the next term to be paid by the School Board.
Payment of the playground maintenance and inspection fee shall be made no later
than the thirty-first day of July of each successive one-year term this Agreement
is in force.
(B) The parties expect to meet at least once per quarter to review and analyze the cost
of the Playground Maintenance and Inspection Services provided by the City and
whether such services for the preceding quarter were of an adequate quality.
These meetings shall also determine the playground maintenance needs of the
School Board for the next quarter.
(C) The School Board will notify the City, in writing, within two (2) business days of
any personal injury, or claim for such injury, occurring on any Playground.
ARTICLE IV
CAPIT AL PROJECTS
Playground Maintenance Agrccmcnt-7-28-08-clcan,doc
3
(A) Capital Proiects:
The City shall purchase, install, inspect and maintain the Capital Projects on behalf of the
School Board. The City shall cooperate with the School Board in its procurement of the
Capital Projects and shall comply with the Virginia Public Procurement Act in making
such purchases.
(B) Payment for Capital Proiects:
The School Board shall make a payment of Two Hundred and Forty Thousand Dollars
($240,000) by September 30, 2008, for all Capital Projects to be purchased, installed,
inspected and maintained by the City during the 200812009 fiscal year. After the
2008/2009 fiscal year, a mutually agreed upon annual Capital Projects fee may be
established by the parties for subsequent fiscal years of this Agreement by the fifteenth
day of March preceding the next term to be paid by the School Board on the same basis
as described above. Payment for Capital Projects after the 200812009 fiscal year shall be
by the thirty-first day of July of each successive one-year term.
ARTICLE V
TERM, TERMINATION, RENEWAL AND DEFAULT
(A) Initial Term and Renewal:
After the Initial Term from September 1,2008, until June 30, 2009, this Agreement may
be renewed for successive one (1) year terms, beginning July 1 of each year, up to a total
of three (3) successive additional one-year terms. Each successive term shall be from the
first day of July through the thirtieth day of June for each one year term. Each one year
term will renew automatically, provided there is agreement between the parties by the
fifteenth day of March preceding the next tenn, establishing the amount of the annual
Playground Maintenance and Inspection fee and provided neither party has delivered a
notice of termination as provided by this Agreement. Such amounts may include
reimbursement for funds properly spent by the City under this Agreement but not yet
charged to the School Board, or expenses charged to the School Board under this
Agreement but not incurred by the City.
(B) Termination:
Either the City or the School Board may terminate this Agreement if there is a material
default (non-compliance) under the terms of this Agreement, and should the defaulting
party fail to cure such non-compliance within ninety (90) days after receipt of written
notice from the non-defaulting party specifying:
(i) the act(s) or omission(s) that constitute the breach, and
Playground Maintenance Agrccmcnt-7-28-08-clean,doc
4
(ii) stating that this Agreement shall tenninate on a date not less than ninety (90) days
after the defaulting party's receipt of such notice of the breach, if the breach is not
cured within such (90) day period.
If the breach is cured within the specified time period, this Agreement shall not tenninate.
Failure of a party to provide additional notice of default within ten (l0) business days after a
party's attempt to cure a breach shall constitute acceptance of the attempt to cure.
Notwithstanding the foregoing termination provision, either party may tenninate this Agreement,
for any reason or for no reason, without cause, by giving written notice six (6) months in
advance of the effective date of termination. Any party providing notice of termination of this
Agreement for no cause shall not be responsible for costs incurred by the other party as a result
of such termination.
ARTICLE VI
NOTICE
Any notice, request, or demand given or required to be given under this Agreement shall, except
as otherwise expressly provided herein, be in writing and shall be deemed duly given only if
delivered personally or sent by certified mail, return receipt requested to the addresses stated
below.
To the City:
Darlene L. Burcham, City Manager
215 Church Ave SW # 364
Roanoke, VA 24011
Phone: 540-853-2333
To the School Board:
Dr. Rita D. Bishop, Superintendent
Roanoke City Public Schools
40 Douglass Avenue, NW
Roanoke, VA 24012
Phone: 540-853-2381
Notice shall be deemed to have been given, if delivered personally, upon delivery, and if mailed,
upon the third business day after the mailing thereof.
ARTICLE VII
ADDITIONAL TERMS
Compliance with the Law. The parties agree to comply with all local, state and federal laws as
they currently exist or may exist in the future during the term of this Agreement.
Playground Maintenance Agrccmcnt-7 -28-08-clcan.doc
5
Compliance with Virginia Code Section 22.1-296.1. The Director of Parks and Recreation
("Director") shall execute the attached certification (Schedule D).
Records. The City shall maintain complete and accurate records, in a form mutually agreeable to
the parties, to substantiate its charges for the services hereunder. Upon request, the School Board
shall have the right to inspect and copy such records.
Assignment. The provisions of this Agreement may not be assigned and are for the exclusive
benefit of the parties hereto and not for the benefit of any third person, nor shall this Agreement
be deemed to have conferred any rights, express or implied, upon any third person unless
otherwise expressly provided for herein.
Force Majeure. A delay in or failure of performance by any party shall not constitute a default,
nor shall the City or the School Board be held liable for loss or damage, or be in breach of this
Agreement, if and to the extent that such delay, failure, loss, or damage is caused by an
occurrence beyond the reasonable control of such party and its agents, employees, contractors,
subcontractors and consultants, which results from Acts of God or the public enemy, compliance
with any order of or request of any governmental authority or person authorized to act therefore,
acts of declared or undeclared war, public disorders, rebellion, sabotage, revolution, earthquake,
floods, riots, strikes, labor or employment difficulties, delays in transportation, inability of party
to obtain necessary materials or equipment or permits due to existing or future laws, rules, or
regulations or governmental authorities or any other causes, whether direct or indirect, and which
by the exercise of reasonable diligence said party is unable to prevent. Any party claiming a
force majeure occurrence shall give the other parties written notice of the same within 30 days
after the date such claiming party learns of or reasonably should have known of such occurrence,
or any such claim of force majeure shall be deemed waived, unless such delay is due to the
weather or equipment failure or breakdown.
Independent Contractor. Neither the City nor any of its employees shall be deemed to be
employees of the School Board for any purpose.
Captions and Headings. The section captions and headings are for convenience and reference
purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
Severability. The invalidity, illegality or unenforceability of any provision of this Agreement as
determined by a court of competent jurisdiction shall in no way affect the validity, legality or
enforceability of any other provision hereof.
Waiver. No failure of any party to insist on strict observance of any provision of this
Agreement, and no custom or practice of the parties at variance with the terms hereof, shall be
deemed a waiver of any provision of this Agreement in any instance, unless otherwise indicated
in this Agreement.
Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the Commonwealth of Virginia.
Playground Maintenance Agrcemcnt-7-28-08-clcan.doc
6
Entire Agreement. This Agreement represents the entire agreement between the parties and
supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement shall not be amended or modified except by written instrument signed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed the same as of the day and year first
hereinabove written:
Attest
City of Roanoke, Virginia
By:
Stephanie M. Moon, City Clerk
By:
Darlene L. Burcham
City Manager
Attest
School Board of the City of Roanoke
By:
Cindy H. Poulton, School Board Clerk
By:
Dr. Rita D. Bishop
Superintendent of Schools
Approved as to Form:
Approved as to Execution:
Assistant City Attorney
Assistant City Attorney
Playground Maintenance Agrccmcnt-7 -28-08-clcan.doc
7
SCHEDULE A
PLAYGROUND MAINTENANCE AND INSPECTION AGREEMENT
The following seven (7) playgrounds will be removed by the City:
Forest Park Elementary
Morningside Elementary
Lincoln Terrace Elementary (one of two)
Garden City Elementary
Fishburn Elementary (one of two)
Raleigh Court Elementary (one of two)
Roundhill Elementary
The cost for such removals is included in the $127,435.00 amount set forth on page 3 of this
Agreement.
Four (4) of such playgrounds will be replaced by the City with the equipment selected mutually
by the parties. The cost of such replacement and installation is included in the $240,000.00
amount set forth on page 4 of this Agreement.
Playground Maintenance Agrccmcnt-7-28-08-clcan.doc
8
SCHEDULE B
PLAYGROUND MAINTENANCE AND INSPECTION AGREEMENT
The City's maintenance of playgrounds will consist of inspection of all of such playgrounds on
an approximately monthly basis, repair of such playgrounds as needed, removal of seven (7)
existing playgrounds, installation of new borders at five (5) playgrounds at locations mutually
agreed upon, and installation and maintenance of fall zone safety surfacing at locations mutually
agreed upon.
Playground Maintenance Agrccmcnt-7-28-08-clcan.doc
9
SCHEDULE C
PLAYGROUND MAINTENANCE AND INSPECTION AGREEMENT
PlaV2:round Service Locations
Preston Park Elementary School (3)
Lincoln Terrace Elementary School (2)
Round Hill Elementary School (2)
Fairview Elementary School (1)
Westside Elementary School (2)
Roanoke Academy of Math and Science (RAMS) (1)
Forest Park Elementary School (1)
Morningside Elementary School (1)
Fallon Park Elementary School
Garden City Elementary School
Monterrey Elementary School (1)
Oakland School (1)
Wasena Elementary School (1)
Crystal Spring Elementary School (2)
Hurt Park Elementary School (1)
Grandin Court Elementary School (2)
Fishburn Elementary School (2)
Virginia Heights Elementary School (1)
Raleigh Court Elementary School (2)
(2)
(1)
Address
3142 Preston Avenue NW
1802 Liberty Road NW
2020 Oakland Blvd NW
648 Westwood Blvd NW
1441 Westside Blvd NW
1122 19th Street NW
2730 Melrose Avenue NW
1716 Wilson Street SE
502 19th Street SE
3710 Garden city Blvd. SE .
4501 Oliver Road NE
3229 Williamson Road NE
1115 Sherwood Avenue SW
2620 Carolina Avenue SW
1525 Salem Avenue SW
2815 Spessard Avenue SW
3057 Colonial Avenue SW
1210 Amherst Street SW
2202 Grandin Road SW
(The number behind each school is the number of playgrounds at each location
as of the date of this Agreement. The parties intend to remove equipment from
some playgrounds and they intend to replace some of the removed equipment.)
Playground Maintenance Agrccmcnt-7 -28-08-clcan.doc
10
SCHEDULE D
PLAYGROUND MAINTENANCE AND INSPECTION AGREEMENT
ROANOKE CITY PUBLIC SCHOOLS
CERTIFICATION OF COMPLIANCE WITH VA CODE 22.1-296.1
A sworn statement or affirmation disclosing whether based upon a criminal background check, the
persons identified below have been convicted of a felony or any offense involving the sexual molestation
or physical or sexual abuse or rape of a child, or are known to the Director of Parks and Recreation to be
the subject of any pending criminal charges within or outside the Commonwealth involving a felony or
any offense involving the sexual molestation or physical or sexual abuse or rape of a child.
List of employee(s) assigned to the Agreement:
Gary Hegner
Michelle Phoenix
Jerry Bohannon
Kenneth Hylton
Brian Harris
James Flinchum
Clifford Gunn
John Henderson
William Hairston
[*new employee (tbd)]
By signature below, I hereby affirm and certify that a criminal background check has been performed as
part of the employment process for the above listed persons and that to the best of my information and
belief, and based upon the results of such background check, these individuals have never been convicted
of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child.
Further, to the best of my actual knowledge and belief, none of these individuals is currently the subject
of any pending criminal charges involving a felony or any offense involving the sexual molestation or
physical or sexual abuse or rape of a child.
If the employees assigned to this Agreement change, an updated copy of this form must be submitted to
the Director of Purchasing & Contract Office, 40 Douglass Avenue, Roanoke, VA 24012, before an
added employee can begin work pursuant to the Agreement.
Only employees on this list will be allowed on campus during regular school hours, during school
sponsored activities or be allowed to interact with students.
Name of Company Officer
Date
Signature of Company Officer
Playground Maintenance Agrccmcnt-7-28-08-clcan,doc
11
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
August 19, 2008
CECELIA R. TYREE
Assistant Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38193-081808 authorizing the City
Manager's issuance and execution of Change Order No.2 to the City's contract
with South End Construction, Inc., for a reduction in the scope of work and the
contract amount for the renovation of the Civic Center Ticket Office and Ticket
Annex.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 18, 2008, and is in full
force and effect upon its passage.
Sincerely,
h1.~
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, Management and Budget
James Grigsby, Assistant City Manager for Operations
Philip C. Schirmer, PE, LS, City Engineer
Robyn L. Schon, Acting Director of Civic Facilities
,<
p,ll
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38193-081808.
An ORDINANCE authorizing the City Manager's issuance and execution of Change
Order No.2 to the City's contract with South End Construction, Inc., for a reduction in the scope
of work and the contract amount for the renovation of the Civic Center Ticket Office and Ticket
~ Annex; and dispensing with the second reading by title of this Ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized, for and on behalf of the City, to issue and
execute Change Order No.2 to the City's contract with South End Construction, Inc., for a
reduction in the scope of work and the contract amount for the renovation of the Civic Center
Ticket Office and Ticket Annex, all as more fully set forth in the City Manager's letter to this
Council dated August 18, 2008.
2. The form of such Change Order No.2 shall be approved by the City Attorney.
3. Such Change Order No.2 will provide authorization for a reduction in the scope
of the work, with a decrease in the amount of the contract in the amount of $83,688.00, all as set
forth in the above letter.
4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
ATTEST'
rn.~~
City Clerk.
O-South End Construction Contract Amendment.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 18, 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:
~ubject:
Change Order No.2 for
Ticket Office Renovation
Roanoke Civic Center
Background:
South End Construction, Inc. was selected as the contractor for the renovation
of the Civic Center Ticket Office and Ticket Annex, which is located at 710
Williamson Road.
South End Construction, Inc. contracted to complete the required work for the
amount of $180,408. The project was divided into two phases in order to avoid
interruption of business in the Ticket Office. City staff later determined that
the funds allocated to the overall project could be better utilized elsewhere.
The decision was then made to postpone the Phase II portion of the project
until a later time, thereby reducing the scope of the work to utilize funds for
other work. The decision to reduce the scope of work and the contract amount
was agreed upon by the contractor and City staff. The contractor will be
completing the Phase I work for $96,720, which is a decrease of $83,688 from
the original contract amount. A change order to the contract is needed for a
credit to the City in the amount of $83,688, for the reduction of the overall
amount approved under the original contract. Council authorization is needed
because this modification to the contract changes the original contract amount
by the greater of 25% of the original contract amount or $50,000, as required
by the City Charter.
Honorable Mayor and Members of City Council
August 18, 2008
Pag e 2
Recommended Action:
Authorize the City Manager to execute Change Order No. 2 with South End
Construction, Inc., for a credit to the City in the amount of $83,688, in order to
reduce the scope of work and the contract amount; such Change Order to be
approved as to form by the City Attorney.
Respectfully submitted,
Darlene L. B cham
City Manager
Iris
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
James Grigsby, Assistant City Manager for Operations
Philip C. Schirmer, PE, LS, City Engineer
Robyn L. Schon, Acting Director of Civic Facilities
CM08-00 1 37
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
August 19, 2008
CECELIA R. TYREE
Assistant Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38194-081808 authorizing the City
Manager to enter into an interlocal contract with the Houston-Galveston Area
Council (H-GAC) on behalf of the City of Roanoke to aI/ow the City to purchase
cooperatively procured items under H-GAC contracts, including the purchase of J
a replacement E-911 telephone system; and authorizing the City Manager to
take such actions and execute such documents as may be necessary to
implement, administer and enforce such contract.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 18, 2008.
Sincerely,
h-). ~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
James Grigsby, Assistant City Manager for Operations
H. David Hoback, Fire-EMS Chief
A. L. Gaskins, Chief of Police
Roy Mentkow, Director of Technology
Sharon T. Gentry, Manager, Purchasing
Michael Crockett, E911 Center Superintendent
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38194-081808.
A RESOLUTION authorizing the City Manager to enter into an interlocal contract with the
Houston-Galveston Area Council (H-GAC) on behalf of the City of Roanoke to allow the City to
purchase cooperatively procured items under H -GAC contracts, including the purchase of a replacement
E-911 telephone system; and authorizing the City Manager to take such actions and execute such
documents as may be necessary to implement, administer and enforce such contract.
WHEREAS, the current E-911 telephone system was purchased and installed in 1997 and is
becoming unsupportable, and the E-911 center has researched options to replace this system and
determined that an Internet Protocol (IP) based system provides the most effective solution with
potential to grow to support the next generation ofE-911 as it evolves;
WHEREAS, E-911 and the City's Department of Technology personnel have determined that
the least costly method to purchase such a system is through an interlocal contract with the H-GAC
purchasing cooperative; and
WHEREAS, the City Attorney's office and the Purchasing Division have reviewed the
documents from H-GAC and find that they conform to the cooperative procurement requirements set
forth in Virginia Public Procurement Act.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized to enter into and execute an interlocal contract
with the Houston-Galveston Area Council on behalf of the City of Roanoke to allow the City to
purchase cooperatively procured items under H-GAC contracts, including a replacement E-911
telephone system, as further described in the letter dated August 18,2008, from the City Manager to this
City Council, such contract to be in a form approved by the City Attorney.
2. The City Manager is further authorized to take such actions and execute such documents
as may be necessary to implement, administer and enforce such contract, including direct agreements
with the sellers of such goods and services as may be procured cooperatively under H-GAC contracts in
accordance with the Virginia Public Procurement Act.
ATTEST:
~lY\.~
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
August 19, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38195-081808 accepting the Public
Safety Answering Point Grant to the City of Roanoke from the Virginia Wireless
Board, 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 18, 2008.
Sincerely,
m.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
Darlene L. Burcham
August 19, 2008
Page 2
pc: Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
James Grigsby, Assistant City Manager for Operations
H. David Hoback, Fire-EMS Chief
A. L. Gaskins, Chief of Police
Roy Mentkow, Director of Technology
Michael Crockett, E911 Center Superintendent
Frank E. Baratta, Budget Team Leader
j{~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38195-081808.
A RESOLUTION accepting the Public Safety Answering Point Grant to the City from
the Virginia Wireless Board, 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 Public Safety Answering Point Grant
offered by the Virginia Wireless Board in the amount of $120,000 with a local match of $30,000,
upon all the terms, provisions and conditions relating to the receipt of such funds as more
particularly described in the letter of the City Manager to Council, dated August 18, 2008.
2. The City Manager and the City Clerk are hereby authorized to execute, seal, and
attest, respectively, the grant agreement and all necessary documents required to accept the grant,
all such documents in such form as approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information as
may be required in connection with the City's acceptance of this grant.
. ATTEST:
. /
\ J
City (l=lerk!
! ' I
k1t. ~
\:.1\
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 19, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38196-081808 appropriating
funds from the Commonwealth of Virginia Department Wireless Board Grant to
the E-911 upgrades project, and amending and reordaining certain sections of
the 2008-2009 Department of Technology Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 18, 2008, and is in full
force and effect upon its passage.
Sincerely,
~ /Y). mev
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Office of Management and Budget
James Grigsby, Assistant City Manager for Operations
H. David Hoback, Fire-EMS Chief
A. L. Gaskins, Chief of Police
Roy Mentkow, Director of Technology
Michael Crockett, E911 Center Superintendent
v
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38196-081808.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
Wireless Board Grant to the E-911 Upgrades project, amending and reordaining certain
sections of the 2008-2009 Department of Technology 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 Department of Technology Fund Appropriations be, and the
same are hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from State Grant Funds
Revenues
E-911 Wireless Board State Grant
13-430-9870-9007
$ 120,000
120,000
13-430-9870-9870
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
-,i-me h1~
Citybi~rk. e.. L
\ "
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 18, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Replacement E-911 Phone
System
Background:
The current E-911 telephone system was purchased and installed in 1997 and is
becoming unsupportable by the manufacturer and support vendor. The E-911
center has researched options to replace this system and determined an
Internet Protocol (lP) based system provides the most effective solution with
potential to grow to support the next generation of 911 as it evolves.
E-911 and Department of Technology personnel have determined that the least
costly method to purchase such a system is through an interlocal contract with
the Houston-Galveston Area Council (H-GAC) purchasing cooperative. H-GAC is
a regional government entity created to establish a "government to
government" service using cooperative procurement to obtain the best price
within the market. Twelve other localities in Virginia have used the services of
H-GAC, two of those were for 911 phone systems. Using the H-GAC contract will
result in a purchase price of approximately $1 50,000 less than the best
estimates provided by in-state vendors which were contacted. It should be
noted that the pricing through this cooperative was obtained by full and open
competition. The City Attorney's office and the Purchasing division have
reviewed the documents from H-GAC and find that they conform to the
cooperative procurement requirements set forth in Virginia Public Procurement
Act.
The E-911 Center requested and received a grant from the Virginia Wireless
Board for $150,000 to apply to this purchase, which requires a 20% local match
Honorable Mayor and Members of City Council
August 18, 2008
Page 2
of $30,000. The $120,000 total funds will be directed to the 911 phone
equipment. The required local match and remaining funding of $443,424 are
available in account 13-430-9870. This funding has been set aside for the last
several years in anticipation of this need. The total project cost through the
interlocal contract is $593,424. The project is expected to commence by fourth
quarter of calendar year 2008 and be completed by first quarter of calendar
year 2009.
Considerations:
City Council action is needed to authorize the interlocal Contract and to
appropriate funding.
Recommended Action:
Adopt a Resolution authorizing the City Manager to execute the interlocal
contract with the Houston Galveston Area Council on behalf of the City of
Roanoke to allow the City to purchase cooperatively procured items under H-
GAC contract including the purchase of a replacement E-911 telephone system.
Authorize the City Manager to accept the $120,000 grant from the Virginia
Wireless Board and execute any required grant agreements in a form approved
by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in
an account to be established by the Director of Finance in the Technology Fund
in the amount $120,000 from the Commonwealth of Virginia Wireless Board
and appropriate funding in the same amount to project account 13-430-9870
(E-911 Upgrades).
Respectfully submitted,
Darlene L. Bu .
City Manager
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
Joe Gaskins, Police Chief
Roy Mentkow, Director of Technology
',',' ,
.,", :
CM08-00122
Lemuel C. Stewart, Jr.
Chairman
VITA
Robert W. Woltz, Jr.
Vice-Chairman
Verizon
David A. Von Moll
Treasurer
Comptroller
Linda W. Cage
Mecklenburg County
Chief Ed Frankenstein
Prince George County
Captain John Furlough
Virginia State Police
Tracy Hanger
City of Hampton
Philip Heins
Hanover County
Robert Layman
AT&T
Robert L. McAvoy
NTELOS
Chief Ron Mastin
Fairfax County
Sheriff Fred Newman
Washington County
Pat B. Shumate
Roanoke County
Denise B. Smith
Charles City County
Albert F. Vincent
Virginia Dept. of
Emergency Management
COMMONWEALTH of VIRGINIA
Virginia Wireless E-911 Services Board
June 29, 2008
Dorothy Spears-Dean
PSC Coordinator
(804) 786-3166
Mr. Mike Crockett
Roanoke Communications Department
215 Church Street SW, Room 152
Roanoke, VA 24011-1518
Dear Mike:
This is to provide you information regarding your grant application for the FY
09 cycle of the PSAP Grant Program.
Roanoke Communications Department requested grant funding for integrated
CPE. I am pleased to report that the Virginia Wireless E-911 Services Board
approved your grant. You have been awarded $120,000. Please be advised
that this award requires a 20% match of local funds. Based on a total project
cost of $150,000, this amount is $30,000.
Funding for this grant award is available after July 1, 2008. When you are
ready to make your purchase, you will need to submit a written request to
draw down your funding. A cost schedule or final vendor quote that
substantiates the amount requested should be attached to this request. Please
be advised that the request and supporting documentation may be submitted
electronically, Once the project is complete, you will need to close out your
grant award. More information is forthcoming on this process.
Congratulations on your award. If you have any questions, please do not
hesitate to contact me.
Sincerely,
1\ noc ,
IJl~6t~~\ ~ .~
Dorothy A. Spears-Dean
PSC Coordinator
Richmond Plaza Building, Suite 100 - 110 South Seventh Street - Richmond, Virginia 23219-3931
(866) 482-3911 - FAX (804) 786-4177 - TTY USERS (800) 828-1120 - www.va911.org
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August 19, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38197-081808 authorizing the
appropriate City officials to execute, upon certain terms and conditions, a
2008-2009 Community Development Block Grant and HOME Investment
Partnerships Program Agreement with Habitat for Humanity in the Roanoke
Valley, Inc., to undertake housing activities in the City's Hurt Park
neighborhood.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 18, 2008.
Sincerely,
m.~
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, Management and Budget
Thomas N. Carr, Director of Planning, Building and Development
Frank E. Baratta, Budget Team Leader
~~
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38197-081808.
A RESOLUTION authorizing the appropriate City officials to execute, upon certain
terms and conditions, a 2008-2009 Community Development Block Grant ("CDBG") and
HOME Investment Partnerships Program ("HOME") Agreement with Habitat for Humanity in
the Roanoke Valley, Inc. ("Habitat") to undertake housing activities in the City's Hurt Park
neighborhood.
WHEREAS, by Resolution No. 38083-051208, the Council of the City of Roanoke,
Virginia, ("Council") approved the 2008-2009 Annual Update to the Consolidated Plan for
submission to the U.S. Department of Housing and Urban Development ("HUD"), including
funding for the Subgrantee's 2008-2009 activities to be assisted with Community Development
Block Grant C'CDBG") and HOME Investment Partnerships Program ("HOME") funds; and
WHEREAS, by Resolution No. 38135-061608 and by Budget Ordinance No.
38136-061608, Council accepted and appropriated the 2008-2009 CDBG and HOME funds;
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, a 2008-2009
CDBG and HOME Agreement with Habitat, 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 18, 2008.
ATTEST:
.. ~ ~ \.. \ .
. . h:' .
CII: Cle~krJ. ne
R-CDBG-Habitat.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 18, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice-Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: 2008-2009 CDBG- and HOME-
funded Agreement with Habitat
for Humanity in the Roanoke
Valley, Inc. (Habitat)
Backg rou nd:
Since 2002, the City has pursued a strategy offocusing Community Development Block
Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds in certain
target neighborhoods. Following a multi-year investment in the Bullitt-Jamison corridor
and surrounding area, the City shifted its focus to the Gainsboro neighborhood. A
similar multi-year investment has taken place in Gainsboro, with housing development
activities expected to continue for several months. During the FY 2007-2008 period,
the City began transitioning its focus to Hurt Park, the next neighborhood being
targeted. This transition included receiving approval for a Neighborhood Revitalization
Strategy Area (NRSA) Plan from the U.S. Department of Housing and Urban
Development (HUD), which, among other benefits, broadens the income groups that
CDBG-funded housing activities can assist.
As part of implementing the NRSA's housing component, during the FY 2007-2008
period, the City provided nearly $1.0 million in CDBG funds for infrastructure
improvements in support of the Roanoke Redevelopment and Housing Authority's
(RRHA) redevelopment of the former Hurt Park public housing site. While moving on
this front, the City also undertook a collaborative planning process with the RRHA and
our community's four nonprofit housing agencies-Blue Ridge Housing Development
Corp. (BRHDC), Habitat, Rebuilding Together Roanoke (RTR), and Total Action Against
Poverty (TAP)-to address housing improvements needed in other areas of Hurt Park.
Honorable Mayor and Members of City Council
August 18, 2008
Page 2
Considerations:
The action recommended in this letter implements components of the 2008-2009 Hurt
Park housing funding authorized by Resolution No. 38083-051208, as part of Council's
approval of the Annual Update to the City's HUD Consolidated Plan. Council action is
needed to authorize the City Manager to execute the subgrant agreement to provide
the funds for Habitat to carry out its housing activities pursuant to the Annual Update
and the Hurt Park NRSA. A total of $334,887 in CDBG and HOME funding is provided
under the agreement, with $348,140 to be provided by Habitat in cash and in-kind
contributions. In addition, it is anticipated that the RRHA Derelict Structures program
will contribute $50,000 from its CDBG funds provided by the City. Of the $733,027 in
combined resources, $683,027 will be used to construct, reconstruct or rehabilitate
and sell five (5) single-family homes, with the remaining $ 50,000 providing for limited
repairs to two (2) owner-occupied, single-family homes. With respect to the funding for
the two (2) owner-occupied homes, this is $30,000 more than originally planned, in
order to provide for more extensive and sustaining repair assistance. The five (5)
properties to be developed for sale are to be transferred to Habitat by the RRHA, which
acquired them under the Derelict Structures program at an estimated cost of
$106,000.
Recommended Action:
Authorize the City Manager to execute a 2008-2009 CDBG/HOME Agreement with
Habitat, similar in form and content to the draft attached to this report, and approved
as to form by the City Attorney.
Respectfully submitted,
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
CM08-00128
; I. .." ...~ '_'.
AGREEMENT
This Agreement is made and entered into this first day of July, 2008, by and between the following parties:
The Grantee:
The Subgrantee:
City of Roanoke, Virginia
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Habitat for Humanity
in the Roanoke Valley, Inc.
403 Salem Avenue, S.W.
Roanoke, Virginia 24011
WI T N E SSE T H:
WHEREAS, by Resolution No. 38083-051208, the Council of the City of Roanoke, Virginia, ("Council")
approved the 2008-2009 Annual Update to the Consolidated Plan for submission to the U.S. Department of
Housing and Urban Development ("HUD"), including funding for the Subgrantee's 2008-2009 activities to be
assisted with Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program
("HOME") funds; and
WHEREAS, by Resolution No. 38135-061608 and by Budget Ordinance No. 38136-061608, Council accepted
and appropriated the 2008-2009 CDBG and HOME funds; and
WHEREAS, by Resolution No. _-_08, Council approved the execution of a sub grant agreement
("Agreement") between the Grantee and the Subgrantee;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES:
a. General-- The services to be performed by the Subgrantee under this Agreement shall be known as the
"Habitat Hurt Park Project" and shall have as their purpose the construction or rehabilitation of
housing to benefit eligible homebuyers and homeowners, as described below. This general scope of
services shall be accomplished through a combination of CDBG and HOME funding provided by the
Grantee and volunteer or other in-kind and/or cash contributions provided by the Subgrantee.
General responsibilities of the Subgrantee shall include: marketing and outreach; receiving and
processing applications for housing assistance; overseeing construction/rehabilitation work; holding
deeds of trust, covenants and/or homeowner grant agreements (specific to this Agreement); monitoring
completed projects; and such other services as may be appropriate to comply with applicable federal
regulations.
The Sub grantee shall provide all personnel required to perform the services under this Agreement,
within the limits of funding provided. All of the services required hereunder will be performed by the
Subgrantee or under its supervision. All personnel engaged in the work, including volunteers, shall
possess the appropriate skills and/or capabilities needed to accomplished such services.
Page 1 of 24
b. Use of CDBG and HOME Funds - It is understood that the Subgrantee shall use the funds provided
under this Agreement for, and in a manner consistent with, the following:
(1) Partnership Approach - It is understood that the Subgrantee is undertaking the activities described
in this Agreement as a participant in the Roanoke Neighborhood Revitalization Partnership, an
association of nonprofit and public housing entities that has engaged in collaborative planning
with the Grantee to address housing needs in the city's Hurt Park neighborhood, and as a result of
such participation has been designated by the Grantee to receive CDBG and/or HOME funds. In
furtherance of its participation and designation, the Subgrantee agrees to cooperate and coordinate
its Hurt Park activities, both under this Agreement and otherwise, with the other participants of
the Partnership and the Grantee for the duration of the Partnership's and the Grantee's
concentrated efforts in this neighborhood. Moreover, the Subgrantee agrees that this cooperation
and coordination shall extend to participation in Partnership and Grantee efforts to ensure that
residents and other neighborhood stakeholders receive opportunities through the Hurt Park
Neighborhood Alliance and/or the Hurt Park Advisory Committee, and through such other means
and venues as may be appropriate, to review and comment on the planning and implementation of
the activities being or to be undertaken.
(2) Housing Development for New Homeownership - In order to contribute to the enhancement of
the Hurt Park neighborhood's housing stock, the Subgrantee shall undertake the development of
single- famil y housing through rehabilitation of existing housing, reconstruction of housing or new
construction. All housing shall be developed in a manner consistent with the Hurt Park
Neighborhood Plan, local and federal historic requirements and any design overlay which may
apply to each development site under consideration. Such developments shall also be conducted
in a manner consistent with the intent of Section l.b.(1) above and with project guidelines
developed by the Subgrantee in consultation with and acceptable to the Grantee, and incorporated
herein by reference.
(a) Green Building Methods and Materials - To the maximum feasible degree, the Subgrantee
will employ design and building methods, materials and components, including appliances,
that are energy efficient and that contribute to sustainable housing. As part of employing
green building techniques, the Subgrantee is encouraged to pursue such City of Roanoke tax
incentives as may available.
(b) Affirmative Marketing - It is understood that the Subgrantee will make appropriate efforts to
affirmatively market the homebuyer opportunities arising through this Agreement. Such
efforts include informing the public of such through the media, interagency contacts
(especially with respect to entities which advocate for special needs groups, such as Blue
Ridge Independent Living Center, the League of Older Americans and others) or other such
means. The Subgrantee shall maintain records of such affirmative marketing efforts for
review by the Grantee.
(3) Owner-Occupied Housing Rehabilitation - In order to further contribute to the enhancement of
the Hurt Park neighborhood's housing stock, the'Subgrantee shall undertake the rehabilitation of
single-family, owner-occupied housing. All housing shall be rehabilitated in a manner consistent
with the Hurt Park Neighborhood Plan, local and federal historic requirements and any design
overlay which may apply to each development site under consideration. Such rehabilitation shall
also be conducted in a manner consistent with the intent of Section l.b.(1) above and with project
Page 2 of 24
guidelines developed by the Subgrantee in consultation with and acceptable to the Grantee, and
incorporated herein by reference.
(4) Affordability - The Subgrantee shall ensure that properties assisted with HOME funds under this
Agreement comply with the affordability requirements at 24 CFR 92.254, as applicable,
including, but not limited to, the following:
(a) With respect to housing newly constructed or rehabilitated for sale:
(i) Buyers of the properties shall be eligible households, as described in section I.e.
below;
(ii) Neither the value nor the sale price of the housing shall exceed the Section 203(b)
limits promulgated by HUD; and
(iii) For up to 15 years, depending on the amount and form of HOME assistance provided,
either resale restrictions or repayment (recapture) requirements will be imposed on the
buyer. These provisions shall be enforced by a written covenant declared by the
Subgrantee and recorded with the property deed. The covenant shall provide that the
Grantee be notified of any pending sale or transfer of the property during the applicable
period of affordability. If affordability provisions are not met upon sale or transfer of
the property, up to the full HOME investment, as applicable, shall be repaid to the
Grantee.
(iv) All covenants or other instruments shall be approved as to form by the Grantee.
(2) With respect to any owner-occupied housing rehabilitated with HOME funds, the after-rehab
value of the property shall not exceed ninety-five percent (95%) of the Section 203(b) limits
specified by HUD.
c. Performance Expectations - The efforts of the Subgrantee pursuant to the activities set forth under this
Agreement are expected to achieve the following.
(1) HUD Outcome Measurement: The primary outcome addressed by this program with respect to
the HUD Performance Measurement System is to:
· Provide increased availability or access to decent, affordable housing in the Hurt Park
neighborhood.
(2) Specific Quantifiable Objectives: It is expected that this project will achieve the following:
· By June 30, 2009, it is expected that the Subgrantee shall complete the development of at
least 3 single-family units and that sale of the units to eligible homebuyers shall be
completed by December 31, 2009.
· By June 30, 2009, it is expected that the Subgrantee shall complete the rehabilitation of at
least 2 single-family owner-occupied homes.
Page 3 of 24
d. Eligibilitv for Use of CDBG and HOME Funds - The activities to be performed under this Agreement
are eligible uses of the CDBG and HOME funds pursuant to the following:
(1) Eligible CDBG Activities: Housing Rehabilitation, including Reconstruction; 24 CFR 570.202
(see note in Section I.d.(2) below)
(2) Eligible Broad National CDBG Objective: Housing for Low- and Moderate-Income Persons; 24
CFR 570.208(a)(3)
Note: Pursuant to the approval by HUD of the Grantee's Hurt Park Neighborhood Revitalization
Strategy Area (NRSA) Plan, up to forty-nine percent (49%) of the housing units rehabiltated (or
reconstructed) by the Partnership that receive only CDBG funding assistance, i.e. without any
HOME funding assistance, may be units occupied or to be occupied by households exceeding the
income limits prescribed in Section I.e. below.
(3) Eligible HOME Activities: New Housing Construction or Rehabilitation (or Reconstruction) of
Housing; 24 CFR 92.205.
e. Eligible Household - An "eligible household" shall mean: in the case of homebuyer activities, a
household purchasing the home for use as its principal residence; in the case of rehabilitation of
owner-occupied housing, a household which owns and is living in the unit as its principal residence.
In both cases, the household income, projected for the twelve months following the determination and
adjusted for household size, shall not exceed 80% of the area median established by HUD and in effect
at the time the determination is made. The Subgrantee shall prepare, and retain with records of the
project, documentation of its determination and verification of each household's size and income. The
household must sign the contract for purchase or lease-purchase agreement within six months of the
determination or the eligibility must be redetermined.
f. Period of this Agreement - This Agreement shall be effective as of July 1,2008, and, unless amended,
shall end December 31, 2009.
g. Budget - CDBG and HOME funds provided by the Grantee under this Agreement shall be as detailed
in Attachment A. At the sole discretion of the Grantee, any funds remaining unexpended as of the end
date of this Agreement may be deobligated from the Agreement and made available for other CDBG or
HOME projects of the Grantee. The commitment of funds by the Grantee to this Agreement shall not
be construed as a commitment by the Grantee to provide further funding to this project.
(1) Allowable Expenditures - Except as indicated below, funds provided by the Grantee under this
Agreement may be used by the Subgrantee for both hard and soft development costs, including,
but not limited to: property surveys, appraisals, environmental reviews and acquisition;
demolition and clearance; construction labor and materials, including required infrastructure
improvements; interest expense; title, recording and legal fees; and taxes, extermination,
inspection and other closing costs. CDBG funds may be used for rehabilitation (which may
include reconstruction), but shall not be used for new housing construction costs. Housing that is
constructed or rehabilitated (including reconstruction) with HOME funds shall meet all applicable
local codes, rehabilitation standards, ordinances and zoning ordinances at the time of project
completion. Absent the Grantee's prior approval, the Sub grantee shall not use funds provided
under this Agreement to acquire (1) any nonexpendable personal property, including equipment,
(2) any real property at a price exceeding the value determined through appraisal, city assessment
Page 4 of 24
or other appropriate method or (3) acquire any property that is or would be occupied by legal
tenants after the initial acquisition contact with the owner. Under no circumstances shall funds
be expended for liens, fines or penalties associated with any property acquired or to be acquired.
The maximum amount of HOME funds which may be expended to assist a unit shall comply with
the limits specified in section 11.a. below.
(2) HOME Match - HOME funds provided by the Grantee under this Agreement are subject to the
match requirements of 24 CFR 92.218 through 92.222. The Subgrantee shall assist in meeting
this requirement through such sources as the cash value of volunteer labor, both skilled and
unskilled, invested in the units assisted with HOME funds provided under this Agreement; to the
foregone yield attributable to any below-market interest rate onnonfederal permanent mortgage
financing provided by the Sub grantee to a homebuyer; and to other eligible forms of match. With
respect to skilled volunteer labor, the basis shall be the rate charged for such services; for
unskilled labor, the basis shall be $10.00 per hour. The Subgrantee shall obtain and provide to the
Grantee time records and the cash value of all volunteers labor provided for each HOME-assisted
unit. The Subgrantee shall also report to the Grantee match attributable to below-market interest
rate loans provided to homebuyers, using the Grantee's or comparable format.
h. Sub grantee Investment - In consideration of the in-kind or cash resources that the Subgrantee, as part
of the Partnership proposal to the Grantee, indicated would be made available to the project, it is
understood that the value of this investment in the project by the Subgrantee from such other resources
is shall be $348,140.00.
2. REQUESTS FOR DISBURSEMENTS OF FUNDS:
a. Disbursements under this Agreement shall not be requested until the funds are needed for payment of
eligible costs. Such requests shall be received by the 15th of each month and not more frequently than
monthly. The amount of each disbursement request must be limited to the amount needed.
b. Requests for disbursement of funds shall be submitted to the Grantee's Project Manager, if any, or
Department of Planning, Building and Development and shall include copies of invoices or other
appropriate documentation from contractors or other entities for work performed or costs incurred. In
the case of property acquisitions, requests shall include settlement statements and property appraisal or
assessment documentation. The use of standard American Institute of Architects (AlA) forms is
preferred for requesting disbursement of funds for construction costs. Upon approval of the request by
the Project Manager and/or Department of Planning, Building and Development, the Grantee shall
disburse the funds to the Subgrantee. Approval of disbursement requests will be subject to timely
receipt of monthly Subgrantee reports (see section 6 below).
c. All requests for disbursements with respect to costs incurred during the period of this Agreement, as
set forth in section l.f., must be received by the Grantee within 30 calendar days of the ending date of
this Agreement. The Grantee shall not be bound to honor requests for disbursements received after
this 30-day period has elapsed.
3. AVAILABILITY OF FUNDS:
CDBG and HOME funding to be made available by the Grantee under this Agreement is contingent upon
necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at
the sole discretion of the Grantee, this Agreement may be terminated in whole or in part.
Page 5 of 24
4. PROGRAM INCOME AND REPAYMENTS:
a. Proceeds from Housing Sales:
(1) Upon the sale of a property assisted with CDBG and/or HOME funds under this Agreement, the
Subgrantee may use the proceeds to retire any debt or recover any unreimbursed expenses it has
incurred that are attributable to its development of the property. Thereafter, the Subgrantee may
receive a Developer Fee equal to 10% of the Development Cost of the property. Such
Development Cost shall include all hard and soft costs incurred by the Subgrantee that are
attributable to its development of the property, but excluding the Subgrantee's general operating
costs, whether or not reimbursed by the Grantee, the Developer Fees themselves and any
downpayment/closing assistance provided to the homebuyer. Thereafter, any proceeds remaining
shall be considered program income and shared between the Grantee and the Subgrantee in the
proportion to which each contributed to the Development Cost of the property. Should the sales
proceeds be insufficient to allow the Sub grantee to retire its debt, recover its unreimbursed
expenses or receive its developer fee, the Grantee shall not be liable for the insufficiency.
(2) In the event a property is assisted by both CDBG and HOME funds provided under this
Agreement, the Grantee=s share referenced in subsection (1) above shall be distributed to CDBG
program income or HOME program income according to the percentage each source is of the total
CDBG and HOME funds contributed to the property.
b. All program income, repayments, interest, and Grantee shares of proceeds or other returns on the
investment of CDBG and/or HOME funds shall be submitted to the Grantee by the Subgrantee on or
before the fifteenth of the month following collection.
5. REVERSION OF ASSETS:
a. Upon expiration or termination of this Agreement, including any amendments thereto, the Sub grantee
shall transfer to the Grantee any CDBG or HOME funds or CDBG or HOME Program Income on hand
at the time of expiration or termination and any accounts receivable attributable to the use of CDBG or
HOME funds.
b. Any real property under the Subgrantee=s control that was acquired or improved, in whole or in part,
with CDBG funds in excess of $25,000:
(1) Shall continue for a period of not less than five years following expiration of this Agreement,
including any amendments thereto, to be used to meet one of the CDBG national objectives cited
in 24 CFR 570.208; or
(2) If the property is not used in accordance with paragraph (1) above, the Subgrantee shall pay the
Grantee an amount equal to the current market value of the property less any portion of the value
attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the
property. The payment shall be considered Program Income to the Grantee.
6. REPORTING REQUIREMENTS:
a. By the 7th working day following the end of each month, the Subgrantee shall report the progress of
activities covered by this Agreement, in a format acceptable to the Grantee's Department of Planning,
Page 6 of 24
Building and Development. Such monthly reports shall include, but not be limited to, the following:
(1) A narrative section summarizing progress to-date on the project, including affirmative marketing
and Section 3 activities that have taken place;
(2) Certifications regarding debarment and suspension of contractors, as described in section ll.j. ;
(3) A list of monthly gross program income receipts from all sources;
(4) A list of any real or non-expendable personal property, including equipment, purchased with
CDBG and/or HOME funds; .
(5) A cumulative table itemizing HOME Match credit documented;
(6) A table providing data on each housing unit and eligible household assisted (see Attachment B for
minimum data elements to be reported); and
(7) A table providing demographic data on the households assisted (see Attachment C for the
Grantee's standard format)
b. The Subgrantee agrees to submit any other reports or documentation as requested by the Grantee
concerning activities covered under this agreement.
7. RECORDS REQUIREMENTS:
a. Records to be maintained - At a minimum, the Subgrantee shall maintain financial and project
documents and records which comply with the requirements of 24 CFR 92.508,570.506, and 570.507,
as applicable.
b. Period of record retention - In compliance with the requirements of 24 CFR 92.508( c) and 570.502(b),
the Subgrantee shall retain financial and project documents and records pertaining to this Agreement
for a period of four (4) or five (5) years, as applicable, or the conclusion of any legal or administrative
process requiring their use, whichever is later.
c. Access to records - The Grantee and other entities shall have access to financial and project documents
and records pertaining to this Agreement in compliance with the applicable requirements of 24 CFR
84.53 and 92.508(d).
8. MONITORING:
a. The Sub grantee shall monitor the progress of the project(s) covered by this Agreement, and shall
submit appropriate reports to the Grantee's Department of Planning, Building and Development. The
Grantee reserves the right to monitor the Subgrantee's performance and financial and programmatic
compliance, which may include on-site reviews, during the period of this Agreement.
b. The Subgrantee shall monitor all HOME-assisted properties to ensure maintenance of their
affordability for the minimum period. This Sub grantee responsibility shall continue so long as this
Agreement or any other CDBG- and/or HOME-funded Agreement with the Grantee remains in effect.
Page 7 of 24
9. ANNUAL AUDIT:
Pursuant to Council policy adopted under Resolution No. 37281-010306, entities existing for at least two
years and with an annual budget exceeding $50,000 are required to perform an annual audit. It is mutually
understood that the Subgrantee has been in existence for at least two years as of the effective date of this
Agreement. Furthermore, it is mutually understood that the Subgrantee has an annual budget exceeding
$50,000. Therefore, the audit provisions of said Council policy apply to the Subgrantee. However, as an
entity receiving less than $500,000 in federal funding from the Grantee, the Subgrantee is not required to
undergo an annual independent audit of the CDBG and HOME expenditures under this Agreement for
federal purposes. As such, audit expenditures undertaken by the Subgrantee to comply with the local City
Council policy are not chargeable to the funds under this Agreement. The Subgrantee shall submit to the
Grantee a copy of the audit within 30 days of its completion.
10. INSURANCE REQUIREMENTS:
The Subgrantee involved in this Agreement shall maintain the insurance coverages set forth in the
Attachments to this Agreement and provide the proof of such insurance coverage as called for in said
Attachment. Such insurance coverage shall be obtained -at the Subgrantee' s sole expense, approved by the
City's Risk Manager, maintained during the life of the Agreement and shall be effective prior to the
beginning of any work or other performance by the Subgrantee under this Agreement. Additional insured
endorsements, if required, must be received by the City within 30 days of the execution of this Agreement
or as otherwise required by the City's Risk Manager.
11. OTHER PROGRAMlPROJECT REQUIREMENTS:
In addition to other requirements set forth herein, the Subgrantee shall likewise comply with the applicable
provisions of Subparts F and H of 24 CFR part 92 and Subpart K of 24 CFR 570, in accordance with the
type of project assisted. Such other requirements include, but are not necessarily limited to, the following.
a. Maximum per-unit subsidy amount and subsidy layering - The total amount of HOME funds invested
shall under no circumstances exceed $123,922 for a one-bedroom unit, $150,690 for a two-bedroom
unit, $194,942 for a three-bedroom unit, and $213,988 for a unit with four or more bedrooms.
However, as set forth in section l.h., it is expected that the Subgrantee shall contribute the indicated
minimum investment to the development of the properties provided for under this Agreement, which
shall reduce the amount of HOME assistance per unit. Further, in accordance with 24 CFR 92.250,
HOME funds invested in combination with other governmental assistance shall not exceed the amount
necessary to provide affordable housing.
b. Property standards and lead-based paint - All housing assisted with HOME funds under this agreement
must, upon project completion, meet the property standards of 24 CFR 92.251. Those assisted with
HOME and/or CDBG funds shall meet the Statewide Building Code. All properties assisted with
HOME and/or CDBG funds shall meet the lead-based paint requirements in 24 CFR 92.355 and/or
570.608, respectively. In accordance with regulations, the Subgrantee shall adhere to lead-based paint
abatement practices, as applicable, and in no case shall use lead-based paint in the construction or
rehabilitation of the properties assisted under this Agreement.
c. Affirmative Marketing and Affirmatively Furthering Fair Housing - In accordance with 24 CFR
92.351 and 570.601 and the Grantee's Affirmative Marketing Procedures, the Subgrantee shall provide
information and otherwise attract eligible persons in the housing market area to the available housing
Page 8 of 24
without regard to race, color, national origin, sex, familial status or disability. The Subgrantee will
describe its affirmative marketing activities as part of the monthly repolting requirements described in
section 6.
d. Section 109 - In accordance with Section 109 of the Housing and Community Development Act of
1974 (42 U.S.c. 3535(d)), no person in the United States shall on grounds of race, color, religion, sex
or national origin be excluded from participation in, denied the benefits of, or subjected to
discrimination under any program or activity funded in whole or in part with funds available under this
Agreement. (See also Attachment C.)
e. Conditions for religious organizations - The Subgrantee shall not grant or loan any HOME or CDBG
funds to primarily religious organizations for any activity including secular activities. In addition,
funds may not be used to rehabilitate or construct housing owned by primarily religious organizations
or to assist primarily religious organizations in acquiring housing. In particular, there shall be no
religious or membership criteria for tenants or buyers of any HOME- or CDBG-assisted properties.
f. Labor standards - As presently structured, the programs included under this Agreement are not
considered subject to federal Labor Standards, including prevailing (Davis-Bacon) wage rates for non-
volunteer labor. Such standards will become applicable in the event CDBG or HOME funds are used
for infrastructure improvements. Such standards will also become applicable for any single project in
which more than 7 housing units are assisted with CDBG funds or more than 12 units are assisted with
HOME funds or more than 7 units are assisted with a combination of CDBG and HOME funds.
g. Environmental standards - In accordance with 24 CFR 85.36, 92.352 and 570.604, the activities under
this Agreement are subject to environmental review requirements. Such requirements include, but are
not necessarily limited to, historic significance, floodplain, clean air and hazardous sites. The Grantee
has performed the tiered review necessary to initiate the preliminary program activities; however, no
CDBG or HOME funds shall be disbursed by the Grantee for a given property prior to the
Subgrantee's complying with the Grantee's environmental procedures, including the Subgrantee's
completion of the required tier- 2 environmental checklists and any required remedial actions. All such
actions shall be carried out by the Subgrantee using qualified persons or entities. All property
acquisitions shall be made contingent upon satisfactory results of the environmental process. All
specifications for proposed housing rehabilitation under this Agreement shall be submitted to the
Grantee's Department of Planning, Building and Development for review as to compliance with
Section 106 of the National Historic Preservation Act. These specifications shall also be reviewed by
the Grantee's Environmental Administrator to determine whether the potential for disturbing lead and
other hazardous materials, such as asbestos, has been adequately taken into account. The Subgrantee
agrees to adjust work specifications or activities in such manner as may be requested by the Grantee to
ensure compliance with environmental requirements. The results of the historic and other
environmental review activities shall be reflected in the Subgrantee's environmental checklist for the
unit and/or project site(s).
h. Displacement and relocation - In accordance with 24 CFR 92.353 and 570.606, the Subgrantee shall
take all reasonable steps to minimize displacement as a result of the activities described in section 1.
Furthermore, section 1 of this Agreement prohibits acquisition of any property which is occupied or
would be occupied by legal tenants after the initial acquisition contact with the owner.
Notwithstanding this prohibition, any persons displaced as a result of the activities under this
Agreement shall be provided relocation assistance to the extent permitted and required under
applicable regulations.
Page 9 of 24
1. Employment and contracting opportunities - In accordance with 24 CFR 92.350 and 570.607, the
activities under this Agreement are subject to the requirements of Executive Order 11246, as amended,
and Section 3 of the Housing and Urban Development Act of 1968. The former prohibits
discrimination on federally-assisted construction contracts and requires contractors to take affirmative
action regarding employment actions. The latter provides that, to the greatest extent feasible and
consistent with federal, state and local laws, employment and other economic opportunities arising
housing rehabilitation, housing construction and public construction projects shall be made available
to low- and very-low-income residents and businesses of the area. In particular, for any contract
valued at $100,000 or more awarded by the Subgrantee, funded in whole or in part with CDBG and/or
HOME funds, the contractor shall evidence good faith efforts to hire such low- and very-low-income
residents for training and employment opportunities, if any, that become available with respect to the
contract activities. In the event that CDBG and/or HOME funds provided to the Subgrantee under this
Agreement exceed $200,000, but the Subgrantee does not award any contract valued at $100,000 or
more, the Subgrantee shall evidence good faith efforts to hire such low- and very-low-income residents
for training and employment opportunities of the Subgrantee, if any, that become available with
respect to the activities undertaken pursuant to this Agreement. (See also Attachment D.)
J. Debarment and suspension - In accordance with 24 CFR 24, the Subgrantee shall not employ or
otherwise engage any debarred, suspended, or ineligible contractors or subcontractors to conduct any
activities under this Agreement. The Sub grantee will consult appropriate references, including, but not
limited to, the Excluded Parties Listing Service website at http://epls.arnet.gov, to ascertain the status
of any third parties prior to engaging their services. The Subgrantee will submit to the Grantee's
Department of Planning, Building and Development the names of contractors and subcontractors
selected under this Agreement, including a certification by the Sub grantee that it has determined that
none of these entities are presently debarred, suspended, or ineligible.
k. Uniform administrative requirements - The Subgrantee shall comply with the requirements and
standards set forth in 24 CFR 92.505 and 570.502, and all applicable CDBG, HOME and other federal
regulations pertaining to the activities performed under this Agreement.
1. Conflict of interest - In accordance with 24 CFR 92.356 and 570.611, no covered individual who
exercises any functions or responsibilities with respect to the program during his tenure, or for one (1)
year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds
thereof, for work to be performed in connection with the program assisted under this Agreement. The
Subgrantee shall incorporate, or cause to be incorporated, in any contracts or subcontracts pursuant to
this Agreement a provision prohibiting such interest pursuant to the purposes of this section.
12. ANTI-LOBBYING:
To the best of the Sub grantee's knowledge and belief, no federal appropriated funds have been paid or will
be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
Page 10 of 24
with this Agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
13. EQUAL EMPLOYMENT OPPORTUNITY:
Non-Discrimination: During the performance of this Agreement, the Subgrantee agrees as follows:
a. The Sub grantee will not discriminate against any employee or applicant for employment because of
race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law
relating to discrimination in employment, except where there is a bona fide occupational qualification
reasonably necessary to the normal operation of the Subgrantee. The Subgrantee agrees to post in
conspicuous places, available to employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
b. The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the
Subgrantee, will state that such Subgrantee is an equal opportunity employer.
c. Notices, advertisement and solicitations placed in accordance with federal law, rule or regulation shall
be deemed sufficient for the purpose of meeting the requirements of this section.
d. The Subgrantee will include the provisions of the foregoing subsections (a), (b) and (c) in every
contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the
provisions will be binding upon each contractor or vendor.
14. DRUG-FREE WORKPLACE:
The Subgrantee will: (i) provide a drug-free workplace for the Subgrantee's employees; (ii) post in
conspicuous places, available to employees and applicants for employment, a statement notifying
employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a
controlled substance or marijuana is prohibited in the Subgrantee's workplace and specifying the actions
that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or
advertisements for employees placed by or on behalf of the Subgrantee that the Subgrantee maintains a
drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or
purchase order of over ten thousand dollars and no cents ($10,000.00), so that the provisions will be
binding upon each subcontractor or vendor. For the purposes of this subsection, "drug-free workplace"
means a site for the performance of work done in connection with this contract.
15. FAITH-BASED ORGANIZATIONS:
Pursuant to '2.2-4343.1 of the Code of Virginia (1950), as amended, the City of Roanoke does not
discriminate against faith-based organizations.
16. COMPLIANCE WITH IMMIGRATION LAW:
Pursuant to ~ 2.2-4311.1 of the Code of Virginia, the Subgrantee does not, and shall not during the
performance of this Agreement in the Commonwealth, knowingly employ an unauthorized alien as defined
in the federal Immigration Reform and Control Act of 1986.
Page 11 of 24
17. INDEMNITY:
The Subgrantee agrees and binds itself and its successors and assigns to indemnify, keep and hold the
Grantee and its officers, employees, agents, volunteers and representatives free and harmless from any
liability on account of any injury or damage of any type to any person or property growing out of or
directly or indirectly resulting from any act or omission of the Subgrantee including: (a) the Subgrantee's
use of the streets or sidewalks of the Grantee or other public property; (b) the performance under this
Agreement; (c) the exercise of any right or privilege granted by or under this Agreement; or (d) the failure,
refusal or neglect of the Subgrantee to perform any duty imposed upon or assumed by Subgrantee by or
under this Agreement. In the event that any suit or proceeding shall be brought against the Grantee or any
of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or
jointly with the Subgrantee on account thereof, the Subgrantee, upon notice given to it by the Grantee or
any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the
Grantee or any of its officers, employees, agents, volunteers or representatives in any such action or other
proceeding. In the event of any settlement or any final judgment being awarded against the Grantee or any
of its officers, employees, agents, volunteers or representatives, either independently or jointly with the
Sub grantee, then the Subgrantee will pay such settlement or judgment in full or will comply with such
decree, pay all costs and expenses of whatsoever nature and hold the Grantee or any of its officers,
employees, agents, volunteers or representatives harmless therefrom.
18. THIRD-PARTY CONTRACTS:
The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee.
19. INDEPENDENT PARTIES:
The relationship between the Sub grantee and the Grantee is not intended in any way to create a legal
agency or employment relationship. Both parties acknowledge that neither is an agent, partner or
employee of the other for any purpose. The Subgranatee shall be responsible for causing all required
insurance, workers' compensation and unemployment insurance to be provided for all of the Subgrantee' s
employees and subcontractors. The Subgrantee shall be responsible for all actions of the Subgrantee, its
employees, agents and any of the Subgrantee's subcontractors, and that they are properly licensed.
20. SUSPENSION AND TERMINATION:
a. In the event the Subgrantee materially fails to comply with any term of the Agreement, the Grantee
may suspend or terminate, in whole or in part, this Agreement or take other remedial action in
accordance with 24 CFR 85.43. No payment will be made for expenses incurred after Subgrantee's
receipt of notice of termination, except those expenses incurred prior to the date of notice that are
necessary to curtailment of operations under this Agreement. The Agreement may be terminated for
convenience in accordance with24 CFR 85.44.
b. In the event the Subgrantee, without prior written approval from the Grantee's Department of Planning,
Building and Development, terminates the project prior to completing all units for which HOME funds
have been disbursed, the Subgrantee shall be liable for repayment of all HOME project, administrative
or operating funds disbursements, whether or not expended.
Page 12 of 24
21. NOTICE:
Any notice, request, or demand given or required to be given under this Agreement shall, except as
otherwise expressly provided herein, be in writing and shall be deemed duly given only if delivered
personally or sent by certified mail, return receipt requested to the addresses stated below.
To the Grantee:
Darlene L. Burcham, City Manager
Room 364, Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011
To the Subgrantee:
Karen _' Mason, Executive Director
Habitat for Humanity in the Roanoke Valley, Inc.
403 Salem Avenue, S.W.
Roanoke, Virginia 24011
Notice shall be deemed to have been given, if delivered personally, upon delivery, and if mailed, upon the
third business day after the mailing thereof.
22. SUCCESSORS:
This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees, and
successors.
23. ENTIRE AGREEMENT
This Agreement, including all of its Attachments, represents the entire agreement between the parties and
shall not be modified, amended, altered or changed, except by written agreement executed by the parties.
24. AMENDMENTS:
The Grantee may, from time to time, require changes in the obligations of the Subgrantee hereunder, or its
City Council may appropriate further funds for the implementation of this HOME rehabilitation project.
In such event or events, such changes which are mutually agreed upon by and between the Grantee and the
Sub grantee shall be incorporated by written amendment to this Agreement.
25. GOVERNING LAW:
This Agreement shall be governed by laws of the Commonwealth of Virginia.
27. UNANTICIPATED ARCHEOLOGICAL DISCOVERIES
In the event that a previously unidentified archeological resource (i.e., intact levels or intact features such
as a foundation) is discovered during ground disturbing activities, the Subgrantee shall immediately notify
the Grantee, which in turn will notify the State Historic Preservation Office (SHPO). All construction
work involving subsurface disturbance will be halted in the area of the resource and in the surrounding
area where further subsurface remains can reasonably be expected to occur. The Grantee and the SHPO or
a qualified archeologist approved by the Grantee and SHPO will immediately inspect the work site and
Page 13 of 24
determine the area and the nature of the affected archeological property. Construction work may then
continue in the project area outside the site area. Within two (2) working days of the original notification
of discovery, the Grantee in consultation with the SHPO will determine the National Register eligibility of
the resource. Work in the affected area shall not proceed until either the development and implementation
of an appropriate treatment plan; or the determination is made that the located resource is not eligible for
inclusion on the National Register. The discovery of isolated artifacts shall not be cause for halting
construction work.
Note: The discovery of human skeletal remains and associated funerary objects encountered during the
course of actions taken as a result of this Agreement shall be treated in accordance with the Regulations
Governing Permits for the Archaeological removal of Human Remains (Virginia Register 390-01-02)
found in the Code of Virginia (10.1-2305, et seq., Virginia Antiquities Act). The Subgrantee, in
coordination with the Grantee, will obtain a permit from the SHPO for the removal of human remains in
accordance with these regulations.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove
written:
ATTEST: FOR THE GRANTEE:
By By
Stephanie M. Moon, City Clerk Darlene L. Burcham, City Manager
ATTEST: FOR THE SUBGRANTEE:
By By
Jonathan Grace, Secretary of the Board Karen L. Mason, Executive Director
APPROVED AS TO CDBG/HOME ELIGIBILITY APPROVED AS TO FORM
Dept. of Planning, Building and Development Assistant City Attorney
APPROPRIATION AND FUNDS REQUIRED
APPROVED AS TO EXECUTION FOR THIS CONTRACT CERTIFIED
Assistant City Attorney Director of Finance
Date
Account #
(See Attachment A)
Page 14 of 24
Attachments
Attachment A -- Financial Accounts
Attachment B -- Housing/Beneficiary Reporting Elements
Attachment C -- Housing/Beneficiary Demographics Report
Attachment D -- Special Federal Terms and Conditions
Attachment E - Sub recipient Insurance Requirements
Page 15 of 24
Attachment A
2008-2009 Habitat Hurt Park Agreement
Financial Accounts
Funds Account No. Description Project Funds Reserved Total
Activity: Limited Owner-Occupied Rehabilitation
COBG 35-G07-0720-5536 Habitat Hurt Park Owner-Occupied Rehab $30,000 $30,000
COBG 35-G09-0920-5536 Habitat Hurt Park Owner-Occupied Rehab $20,000 $20,000
$50,000 $50,000
Activity: Oevelopment of Homebuyer Housing
COBG 35-G09-0920-xxxx Habitat Hurt Park Homeownership $60,700 $60,700
HOME 35-090-5313-5532 Habitat Hurt Park Homeownership $93,459 $93,459
HOME 35-090-5368-5532 Habitat Hurt Park Homeownership $130,728 $130,728
HOME Subtotal $284,887 $284,887
Total COBG and HOME Funds $334,887 $334,887
Page 16 of 24
Attachment B
Housing/Beneficiary Reporting Elements
On a monthly basis, the Subgrantee shall provide a narrative report to the Grantee summarizing
progress on the project to-date. Accompanying the narrative, the Subgrantee shall submit data in a table or
spreadsheet format that is needed in order that the Grantee may complete its required reports to the U.S.
Department of Housing and Urban Development. The data provided by the Subgrantee shall include:
Property
Address
n Number of bedrooms
n Status (pending, under construction, completed or sold)
Homeowner/Homebuyer
Name
Total Family Income (projected for 12 months following determination)
Number in family
Whether head of household is disabled
Estimated total hard (incl. acquisition costs, if any) and soft costs to produce the unit
CDBG funds committed to property
n HOME funds committed to property
n HOME/CHDO funds committed to property
Prime Contractor Name
Federal I.D. Number (or Owner Social Security Number)
Whether Minority-Owned, Women-Owned or Both
CDBG funds committed to Prime
HOME funds committed to Prime
HOME/CHDO committed to Prime
Subcontractor Name (Provide separate data for each subcontractor)
Federal I.D. Number (or Owner Social Security Number)
Whether Minority-Owned, Women-Owned or Both
CDBG funds committed to Subcontractor
HOME funds committed to Subcontractor
HOME/CHDO committed to SubcontraCtor
Unit Sale Data (if property is for homeownership)
-- Sales Price of Unit (excluding settlement charges)
n Closing Date
After-Rehab Value (if owner-occupied rehabilitation activity)
J
Page 17 of 24
Attachment C
Housing/Beneficiary Demographics Report
Also accompanying the monthly narrative report and the reporting elements given in Attachment A,
the Sub grantee shall provide the demographics report in the format provided below.
DIRECT BENEFICIARY REPORT
Program / Activity Name Reporting Period
1 Counts by: - Households or - Persons? (Check the one that applies.)
2 # of New Participants this Period (if applicable):
3 TOTAL # BENEFITING FROM ACTIVITY: (cumulative to date)
(Beginning 07/01/07 - Ending 06/30/08)
4 RACIAL INFORMATION (cumulative to date) # TOTAL # HISPANIC
White:
Black/African American:
Asian:
American Indian / Alaskan Native:
Native Hawaiian / Other Pacific Islander:
American Indian / Alaskan Native & White:
Asian & White:
Black/African American & White:
Am. Indian/Alaskan Native & Black/African Am.:
Other Multi-Racial:
TOTAL:
5 # - FEMALE HEAD OF HOUSEHOLD: (cumulative to date)
6 INCOME INFORMATION (cumulative to date) # TOTAL
< 80% of Median (Low Income Limit)
< 50% of Median (Very Low Income)
< 30% of Median
TOTAL:
Prepared by: Date Prepared:
Revised 03/05/2004
Page 18 of 24
Attachment D
u.s. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIAL TERMS AND CONDITIONS
(Agreements $10,000 or Over)
1. "Section 3" Compliance -- Provision of Trainine, Emplovment and Business Opportunities:
A. The work to be performed under this contract is on a project assisted under a program
providing direct Federal financial assistance from the Department of Housing and Urban
Development and is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 170. Section 3 requires that, to the
greatest extent feasible, opportunities for training and employment be given lower income
residents of the project area and contracts for work in connection with the project be awarded
to business concerns which are located in, or owned in substantial part by persons residing in
the area of the project.
B. The parties to this contract will comply with the provisions of said Section 3 and the
regulations issued pursuant thereto by the Secretary of Housing and Urban Development set
forth in 24 CFR135, and all applicable rules and orders oftheDepartment issued thereunder,
prior to the execution of this contract. The parties to this contract certify and agree that they
are under no contractual or other disability which would prevent them from complying with
these requirements.
C. The Subgrantee will send to each labor organization or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, if any, a notice
advising the said labor organization or workers' representative of its commitments under this
Section 3 clause and shall post copies of the notice in conspicuous places available to
employees and applicants for employment or training.
D. The Subgrantee will include this Section 3 clause in every subcontract for work in connection
with the project and will, at the direction of the applicant for or recipient of Federal financial
assistance, take appropriate action pursuant to the subcontract upon a finding that the
contractor is in violation of regulations issued by the Secretary of Housing and Urban
Development 24 CFR Part 135. The Subgrantee will not subcontract with any contractor
where it has notice or knowledge that the latter has been found in violation of regulations
under 24 CFR part 135 and will not let any subcontract unless the contractor has first
provided it with a preliminary statement of ability to comply with the requirements of these
regulations.
E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135,
and all applicable rules and orders of the Department issued hereunder prior to the execution
of the contract, shall be a condition of the federal financial assistance provided to the project,
binding upon the applicant or recipient for such assistance, its successor and assigns. Failure
Page 19 of24
to fulfill these requirements shall subject the applicant or recipient, its Sub grantees and
contractors, its successors and assigns to those sanctions specified by the grant or loan
agreement or contract through which Federal assistance is provided, and to such sanctions as
are specified by 24 CFR Part 135.
2. Equal Employment Opportunity: Contracts subject to Executive Order 11246, as amended: Such
contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130
applicable to HUD-assisted construction contracts.
The Subgrantee shall cause or require to be inserted in full in any non-exempt contract and
subcontract for construction work, or modification thereof as defined in said regulations, which is
paid for in whole or in part with assistance provided under this Agreement, the following equal
opportunity clause; "During the performance of this contract, the Subgrantee agrees as follows:
A. The Subgrantee will not discriminate against any employee or applicant for employment
because of race, color, religion, sex or national origin. The Subgrantee will take affirmative
action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, color, religion, sex or national origin. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other
forms of compensation; and selection for training, including apprenticeship. The Sub grantee
agrees to post in conspicuous places available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
B. The Sub grantee will, in all solicitations or advertisements for employees placed by or on
behalf of the Subgrantee, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex or national origin.
C. The Subgrantee will send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contract or understanding, a notice to be provided
by the Contract Compliance Officer advising the said labor union or workers' representatives
of the Subgrantee's commitment under this section and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
D. The Subgrantee will comply with all provisions of Executive Order 11246 of September 24,
1965, as amended by Executive Order 11375 of October 13,1967, and the rules, regulations
and relevant orders of the Secretary of Labor.
E. The Subgrantee will furnish all information and reports required by Executive Order 11246
of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records and accounts by the
Department and the Secretary of Labor for purposes of investigation to ascertain compliance
with such rules, regulations and orders.
F. In the event of the Subgrantee's noncompliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations or orders, this contract may be canceled,
terminated or suspended in whole or in part, and the Subgrantee may be declared ineligible
Page 20 of 24
for further Government contracts or Federally-assisted construction contract procedures
authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order
of the Secretary of Labor, or as otherwise provided by law.
G. The Sub grantee will include the portion of the sentence immediately preceding paragraph (A)
and the provisions of paragraphs (A) through (G) in every subcontract or purchase order
unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24,1965, so that such provisions will be
binding upon each contractor or vendor. The Subgrantee will take such action with respect
to any subcontract or purchase order as the Department may direct as a means of enforcing
such provisions, including sanctions for noncompliance; provided, however, that in the event
a Subgrantee becomes involved in or is threatened with litigation with a contractor or vendor
as a result of such direction by the Department, the Subgrantee may request the United States
to enter into such litigation to protect the interest of the United States."
The Sub grantee further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in Federally-assisted construction work;
provided, that if the Subgrantee so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the contract. The Subgrantee agrees that
it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the
compliance of Subgrantees and contractors with the equal opportunity clause and the rules,
regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the
Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge
of its primary responsibility for securing compliance.
The Subgrantee further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a Subgrantee debarred
from, or who has not demonstrated eligibility for Government contracts and Federally-assisted
construction contracts pursuant to the Executive Order and will carry out such sanctions and
penalties for violation of the equal opportunity clause as may be imposed upon Subgrantees and
contractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the
Executive Order. In addition, the Subgrantee agrees that if it fails or refuses to comply with these
undertakings, the Department may take any or all of the following actions: cancel, terminate or
suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance
to the Subgrantee under the Program with respect to which the failure or refusal occurred until
satisfactory assurance of future compliance has been received from such Subgrantee; and refer the
cause to the Department of Justice for appropriate legal proceedings.
3. Nondiscrimination Under Title VI of the Civil Riehts Act of 1964: This Agreement is subject to
the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with
respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of
land acquired, cleared or improved with assistance provided under this Agreement, the Sub grantee
shall cause or require a covenant running with the land to be inserted in the deed or lease for such
transfer, prohibiting discrimination upon the basis or race, color, religion, sex or national origin, in
the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be
erected thereon, and providing that the Subgrantee and the United States are beneficiaries of and
entitled to enforce such covenant. The Subgrantee, in undertaking its obligation in carrying out the
Page 21 of 24
program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant
and will not itself so discriminate.
4. Section 504 and Americans with Disabilities Act:
The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance with the
Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act,
which prohibit discrimination against the disabled in any federal assisted program.
5. Oblieations of Suber an tee with Respect to Certain Third-party Relationships: The Subgrantee
shall remain fully obligated under the provisions of the Agreement, notwithstanding its designation
of any third party or parties for the undertaking of all or any part of the program with respect to
which assistance is being provided under this Agreement to the Subgrantee. Any Subgrantee which
is not the Applicant shall comply with all lawful requirements of the Applicant necessary to insure
that the program, with respect to which assistance is being provided under this Agreement to the
Sub grantee is carried out in accordance with the Applicant's Assurances and certifications, including
those with respect to the assumption of environmental responsibilities of the Applicant under Section
104(h) of the Housing and Community Development Act of 1974.
6. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United
States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to
any benefit to arise from the same.
7. Prohibition Aeainst Payments of Bonus or Commission: The assistance provided under this
Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining
HUD approval of the application for such assistance, or HUD approval or applications for additional
assistance, 'or any other approval or concurrence of HUD required under this Agreement, Title I of
the Housing and Community Development Act of 1974, or HUD regulations with respect thereto;
provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such
services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program
costs.
8. "Section 109": This Agreement is subject to the requirements of Section 109 of the Housing and
Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the United States shall on
the ground of race, color, religion, sex or national origin be excluded f~om participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity funded in whole or in
part with funds available under this title.
9. Access to Records and Site of Employment: This agreement is subject to the requirements of
Executive Order 11246, Executive Order 1375, Civil Rights Act of 1964, as amended. Access shall
be permitted during normal business hours to the premises for the purpose of conducting on-site
compliance reviews and inspecting and copying such books, records, accounts, and other material as
may be relevant tot he matter under investigation and pertinent to compliance with the Order, and the
rules and regulations promulgated pursuant thereto by the Subgrantee. Information obtained in this
manner shall be used only in connection with the administration of the Order, the administration of
the Civil Rights At of 1964 (as amended) and in furtherance of the purpose of the Order and that Act.
Page 22 of 24
10. Leeal Remedies for Contract Violation: If the Subgrantee materially fails to comply with any term
of this Agreement, whether stated in a Federal statute or regulation, an assurance, in a State plan or
application, a notice of award, or elsewhere, the City may take one or more of the following action,
as appropriate in the circumstances:
1) Temporaril y withhold cash payments pending correction of the deficiency by the Subgrantee,
2) Disallow all or part of the cost of the activity or action not in compliance,
3) Wholly or partly suspend or terminate the current Agreement, or
4) Take other remedies that may be legally available.
Page 23 of 24
Attachment E
City of Roanoke
Sub recipient Insurance Requirements
Your attention is directed to the insurance requirements below. Particular attention should be given to Best's
Guide rating requirement listed below. Please consult your insurance carrieres) or broker(s) regarding the
insurance as prescribed and provided herein. Failure to comply with and maintain insurance requirements may
result in the interruption, suspension or termination of the activities under this Agreement.
Type of Insurance Coverage
General Liability Auto Liability Workers'
Compensation
Required by contract? Yes Yes Yes
Workers'
$1,000,000 $250,000 Compensation to
Minimum Limits of Coverage Combined Combined Statutory Limits;
Single Limit Per Single Limit Per $100/500/1 00
Occurrence Accident Employers'
Liability Limit
Minimum Best's Guide A-VII; must be A-VII; must be A- VII; must be an
Rating 1 Other Requirements an admitted an admitted admitted insurer
Insurer Insurer
Additional Insured Yes N/A N/A
Endorsement Required?
Waiver of Subrogation? Yes N/A Yes
Comments None
Any insurance certificates evidencing coverage for which an additional insured endorsement is required must
contain substantially the following language, "The City of Roanoke, its officers, agents, employees and
volunteers are added as additional insureds." Additional insured coverage must be primary and the city's
insurance program must be non-contributory.
Page 24 of 24
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 19, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38198-081808 approving the Blue Ridge
Behavioral Healthcare FY 2009 Performance Contract.
The abovereferenced measure was adopted by the Council, of the City of
Roanoke at a regular meeting held on Monday, August 18, 2008.
-
Sincerely,
0tJ. ~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Tim Stellar, Executive Director, Blue Ridge Behavioral Healthcare, 301 Elm
Avenue, S. W., Roanoke, Virginia 24016
Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Jane R. Conlin, Director of Human/Social Services
#~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38198-081808.
A RESOLUTION approvmg the Blue Ridge Behavioral Healthcare FY 2009
Performance Contract.
WHEREAS, Section 37.2-500 of the Code of Virginia (1950) as amended, requires every
locality to establish a community service board to oversee the delivery of mental health, mental
retardation and substance abuse services, and it is further required that the governing body of a
locality approve the community service board's performance contract; and
WHEREAS, the City of Roanoke has established the Blue Ridge Behavioral Healthcare
Board as its local community service board, pursuant to this statutory provision.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Blue
Ridge Behavioral Healthcare 2009 Community Service Performance Contract, as more
particularly set forth in the City Manager's letter dated August 18, 2008, to this Council, is
hereby Approved.
ATTEST:
~h1.~
City Glerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva,gov
August 18, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Blue Ridge Behavioral
Healthcare FY 2009
Performance
Contract
Background:
The 1998 General Assembly passed HB428 which amended and reenacted
sections of the Code of Virginia relating to local roles and responsibilities for
mental health, mental retardation, and substance abuse services.
Section 37.2-500 of the Code of Virginia, 1950, as amended, requires every
locality to establish a community service board to oversee the delivery of
mental heath, mental retardation and substance abuse services, and it is further
required that the governing body of a locality approve the Performance
Contract.
The City of Roanoke has already established Blue Ridge Behavioral Healthcare
pursuant to this statutory provision as the local community services board. The
adopted budget for FY 2008-2009 includes an appropriation of $448,890 for
Blue Ridge Behavioral Healthcare.
In accordance with the Code of Virginia, Title 37.2, Blue Ridge Behavioral
Healthcare has submitted the Fiscal Year 2009 Community Services
Performance Contract to ensure the delivery of publicly funded services and
support to citizens of the Commonwealth with mental illness, mental
- /,
Honorable Mayor and Members of City Gouncil
August 18, 2008
Pag e 2
retardation, or substance abuse. Services are to be provided directly or by
contract through the community services board.
Considerations:
Section 37.2-508 Code of Virginia requires all governing bodies for the
localities served by the community services board to approve the Community
Services Performance Contract.
Recommended Action:
Approve the attached FY 2009 Performance Contract with the Blue Ridge
Behavioral Healthcare Board.
Respectfully submitted,
Darlene L. Burc
City Manager
DLB:tem
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
Sherman M. Stovall, Director of Management and Budget
Jane R. Conlin, Director of Human/Social Services
Tim Stellar, Executive Director, Blue Ridge Behavioral Healthcare
CM08-00126
-, ."
FY 2009 Community Services Performance Contract
Table of Contents
1. Contract Purpose 2 f. Individualized Services 12
2. Relationship 2 g. Compliance Requirements 12
3. Contract Term 3 h. Communication 13
4. Scope of Services 3 i. Regional Programs 13
a. Services 3 8. Subcontracting 13
b. Expenses for Services 3 9. Terms and Conditions 13
c. Continuity of Care 3 a. Availability of Funds 13
d. Populations Served 4 b. Compliance 14
5. Resources 4 c. Disputes 14
a. Allocations of Funds 5 d. Termination 14
b. Conditions of the Use of Resources 5 e. Remediation Process 14
6. Board Responsibilities 5 f. Dispute Resolution Process 15
a. State Hospital Bed Utilization 5 g. Contract Amendment 16
b. Quality of Care 5 h. Liability 16
c. Reporting Requirements 7 i. Severability 16
d. Discharge Assistance Project 8 10. Areas for Future Resolution 16
e. Individualized Services 9 a. Evidence-Based Practices 16
f. Compliance Requirements 9 b MH & SA Service Performance 16
g. Regional Programs 10 . Expectations and Goals
h. Joint Agreements 10 c. Data Quality and Use 16
7. Department Responsibilities 10 d Co-Occurring Disorder Treat- 17
a. Funding 10 . ment Goals and Expectations
b. State Facility Services 10 Regional Management 17
c. Quality of Care 10 e. Structures or Processes
d. Reporting Requirements 11 f. Discharge Planning Protocols 17
e. Discharge Assistance Project 12 11. Signatures 18
Exhibits
A: Resources and Services 19
B: Continuous Quality Improvement Process 33
C: Statewide Consumer Outcome and Board Performance Measures 42
D: Individual Board Performance Measures 43
E: Performance Contract Process and Contract Revision Instructions 44
F: Federal Compliances 51
G: Local Government Approval of the Contract 53
H: Board Membership 55
I: Administrative Performance Standards 58
J: Regional Program Operating Principles 60
K: Joint Agreements . ' 64
" ,
1.
05-06-2008
FY 2009 Community Services Performance Contract
1. Contract Purpose
a. Title 37.2 of the Code of Virginia establishes the Virginia Department of Mental Health,
Mental Retardation and Substance Abuse Services (the Department) to ensure delivery of
publicly funded services and supports to individuals with mental illnesses, intellectual
disabilities (previously identified as mental retardation), or substance use disorders and
authorizes the Department to fund community mental health, mental retardation, and
substance abuse services. In this contract, intellectual disabilities refer to the conditions
individuals have; mental retardation refers to the services that address those disabilities.
b. Sections 37.2-500 through 37.2-511 of the Code of Virginia require cities and counties to
establish community services boards for the purpose of providing local public mental health,
mental retardation, and substance abuse services; 9 37.2-600 through 9 37.2-614 authorize
certain cities or counties to establish behavioral health authorities that plan and provide
those same local public services. In this contract, the community services board, local
government department with a policy-advisory community services board, or behavioral
health authority named on page 18 of this contract will be referred to as the Board or CSB.
c. Section 37.2-500 or 37.2-601 of the Code of Virginia states that, in order to provide
comprehensive mental health, mental retardation, and substance abuse services within a
continuum of care, the Board shall function as the single point of entry into publicly funded
mental health, mental retardation, and substance abuse services. The Board fulfills this
function in accordance with State Board Policy 1035 for any person who is located in the
Board's service area and needs mental health, mental retardation, or substance abuse
services.
d. Sections 37.2-508 and 37.2-608 of the Code of Virginia establish this contract as the
primary accountability and funding mechanism between the Department and the Board.
e. The Board is applying for the assistance provided under Chapter 5 or 6 of Title 37.2 of the
Code of Virginia by submitting this performance contract to the Department in accordance
with 9 37.2-508 or 9 37.2-608 of the Code of Virginia.
f. This contract establishes requirements and responsibilities for the Board and the
Department that are not established through other means, such as statute or regulation.
The General Requirements Document, which, by agreement of the parties, is hereby
incorporated into and made a part of this contract by reference, includes or incorporates by
reference ongoing statutory, regulatory, policy, and other requirements that are not
expected to change frequently.
g. The Department and the Board enter into this performance contract for the purpose of
funding services provided directly or contractually by the Board in a manner that ensures
accountability to the Department and quality of care for consumers and implements the
vision, articulated in State Board Policy 1036, of a consumer-driven system of services and
supports that promotes self-determination, empowerment, recovery, resilience, health, and
the highest possible level of consumer participation in all aspects of community life,
including work, school, family, and other meaningful relationships; and the Board and the
Department agree as follows.
2. Relationship: The Department functions as the state authority for the public mental health,
mental retardation, and substance abuse services system; and the Board functions as the local
authority for that system. The relationship between and the roles and responsibilities of the
Department and the Board are described more specifically in the current Partnership
Agreement between the parties, which, by agreement of the parties, is hereby incorporated into
and, made a part of this contract by reference. This contract shall not be construed to establish
any employer-employee or principal-agent relationship between employees of the Board or its
board of directors and the Department.
2.
05-06-2008
FY 2009 Community Services Performance Contract
3. Contract Term: This contract shall be in effect for a term of one year, commencing on July
1, 2008 and ending on June 30, 2009.
4. Scope of Services
a. Services: Exhibit A of this contract includes all mental health, mental retardation, and
substance abuse services provided or contracted by the Board that are supported by the
resources described in section 5 of this contract. Services and certain terms used in this
contract are defined in the current Core Services Taxonomy, which, by agreement of the
parties, is hereby incorporated into and made a part of this contract by reference.
b. Expenses for Services: The Board shall provide to the extent practicable those services
that are funded within the revenues and expenses set forth in Exhibit A and documented in
the Board's financial management system. The Board shall distribute its administrative and
management expenses across some or all of the three program areas on a basis that is in
accordance with Uniform Cost Report principles, is auditable, and satisfies Generally
Accepted Accounting Principles.
c. Continuity of Care: In order to partially fulfill its responsibility in S 37.2-500 or 37.2-601 of
the Code of Virginia and State Board Policy 1035 to function as the single point of entry into
publicly funded services in its service area, the Board shall follow the Continuity of Care
Procedures, included in the current General Requirements Document as Appendix A.
1.) Coordination of Mental Retardation Waiver Services: The Board shall provide case
management services to consumers who are receiving services under the Medicaid
Mental Retardation Home and Community-Based Waiver (MR Waiver). In its capacity
as the case manager for these consumers and in order to receive payment for services
from the Department of Medical Assistance Services (DMAS), the Board shall develop
individual service authorization requests (ISARs) for Waiver services and submit them
to the Department for preauthorization, pursuant to the current DMAS/ DMHMRSAS
Interagency Agreement (November, 2007), under which the Department preauthorizes
ISARs as a delegated function from the DMAS. As part of its specific case
management responsibilities for individuals receiving MR Waiver services, the Board
shall coordinate and monitor the delivery of all services to its consumers, including
monitoring the receipt of services in a consumer's ISAR that are provided by
independent vendors, who are reimbursed directly by the DMAS, to the extent that the
Board is not prohibited from doing so by such vendors (reference the DMAS Mental
Retardation Community Services Manual, Chapters II and IV).
The Board may raise issues regarding its efforts to coordinate and monitor services
provided by independent vendors to the applicable funding or licensing authority, for
example the Department, the DMAS, or the Virginia Department of Social Services. In
fulfilling this service coordination responsibility, the Board shall not restrict or seek to
influence the consumer's choice among qualified service providers. This prohibition is
not intended to restrict the ability of Board case managers to make recommendations,
based on their professional judgment, to consumers regarding those available service
options that best meet the terms of the consumers' ISPs and allow for the most effective
coordination of services. This section does not, nor shall it be construed to, make the
Board legally liable for the actions of independent vendors of MR Waiver services who
are reimbursed directly by the DMAS.
2.) Linkages with Health Care: When it arranges for the care and treatment of its
consumers in hospitals, inpatient psychiatric facilities, or psychiatric units of hospitals,
the Board shall assure its staff's cooperation with those hospitals, inpatient psychiatric
facilities, or psychiatric units of hospitals, especially emergency rooms and emergency
room physicians, in order to promote continuity of care for those consumers.
3.
05-06-2008
FY 2009 Community Services Performance Contract
3.) Coordination with Local Psychiatric Hospitals: When the Board performed the
preadmission screening and referral to the Board is likely upon the discharge of an
involuntarily admitted individual, the Board shall coordinate or, if it pays for the service,
approve a consumer's admission to and continued stay in a psychiatric unit or hospital
and collaborate with that unit or hospital to assure appropriate treatment and discharge
planning in the least restrictive setting and to avoid the use of these facilities when the
service is no longer needed.
4.) Access to Services: The Board shall not require a consumer to receive case
management services in order to receive other services that it provides, directly or
contractually, unless it is permitted to do so by applicable regulations or the person is
an adult with a serious mental illness, a child with or at risk of serious emotional
disturbance, or an individual with an intellectual disability or a substance use disorder,
the person is receiving more than one other service from the Board, or a licensed
clinician employed or contracted by the Board determines that case management
services are clinically necessary for that consumer.
5.) PACT Criteria: If the Board receives state general or federal funds for a Program of
Assertive Community Treatment (PACT), it shall satisfy the following criteria:
a.) Meet PACT state hospital bed use targets.
b.) Prioritize providing services to consumers with serious mental illnesses who are
frequent recipients of inpatient services or are homeless.
c.) Achieve and maintain a case load of 80 consumers after two years from the date of
initial funding by the Department. .
d.) Participate in technical assistance provided by the Department.
If the Board receives state general or federal funds for a new PACT during the term of
this contract or in the fiscal year immediately preceding that term, it also shall satisfy the
following conditions:
a.) Procure individual team training and technical assistance quarterly.
b.) Meet bimonthly with other PACT programs (the network of CSB PACTs).
d. Populations Served: The Board shall provide needed services to adults with serious
mental illnesses, children with or at risk of serious emotional disturbance, and individuals
with intellectual disabilities, substance dependence, or substance abuse to the greatest
extent possible within the resources available to it for this purpose. In accordance with S
37.2-508 or S 37.2-608 of the Code of Virginia, the Board shall report the unduplicated
numbers of adults with serious mental illnesses, children with or at risk of serious emotional
disturbance, and individuals with intellectual disabilities, substance dependence, or
substance abuse that it serves during the term of this contract. These populations are
defined in the current Core Services Taxonomy.
5. Resources: Exhibit A of this contract includes the following resources: state general funds
and federal funds appropriated by the General Assembly and allocated by the Department to
the Board; balances of unexpended or unencumbered state general and federal funds retained
by the Board and used in this contract to support services; local matching funds required by
S 37.2-509 or S 37.2-611 of the Code of Virginia to receive allocations of state general funds;
Medicaid Targeted Case Management, State Plan Option, and Mental Retardation Home and
Community-Based Waiver fees and any other fees, as required by S 37.2-504 or S 37.2-605 of
the Code of Virginia; and any other revenues associated with or generated by the services
shown in Exhibit A. The Board may choose to include only the minimum 1 o percent local
matching funds in the contract, rather than all local matching funds.
4.
05-06-2008
FY 2009 Community Services Performance Contract
a. Allocations of State General and Federal Funds: The Department shall inform the Board
of its allocations of state general and federal funds in a letter of notification. The
Department may adjust allocation amounts during the term of this contract. The
Commissioner or his designee shall communicate all adjustments to the Board in writing.
Allocations of state general and federal funds shall be based on state and federal statutory
and regulatory requirements, provisions of the current Appropriation Act, State Board
policies, and previous allocation amounts. Allocations shall not be based on numbers of
adults with serious mental illnesses, children with or at risk of serious emotional
disturbance, or individuals with mental retardation, substance dependence, or substance
abuse who receive services from the Board.
b. Conditions on the Use of Resources: The Department can attach service requirements
or specific conditions that it establishes for the use of funds, separate from those
established by other authorities, for example, applicable statutory or regulatory
requirements such as licensing or human rights regulations or federal anti-discrimination
requirements, only to the state general and federal funds that it allocates to the Board and
to the 10 percent local matching funds that are required to obtain the Board's state general
fund allocations.
6. Board Responsibilities
a. State Hospital Bed Utilization: In accordance with ~ 37.2-508 or ~ 37.2-608 of the Code
of Virginia, the Board shall identify or develop jointly with the Department mechanisms,
such as the Discharge Protocols, Extraordinary Barriers to Discharge lists, and
reinvestment, restructuring, or system transformation projects and activities, and employ
these mechanisms collaboratively with state hospitals that serve it to manage the utilization
of state hospital beds. Utilization will be measured by bed days received by consumers for
whom the Board is the case management board.
b. Quality of Care
1.) Clinical Consultation: The Board may request the Department to provide professional
consultations for clinically complex or difficult or medically complicated cases within the
resources available for this purpose in the Department or its facilities and as permitted
under 45 CFR ~ 164.506 (c) (1) when consumers or their authorized representatives
have requested second opinions and with valid authorizations that comply with the
Human Rights Regulations and the HIPAA Privacy Rule or when staff of the Board
request such consultations for its consumers in the community, if the Board is not able
to provide those second opinions or obtain this consultation within its resources.
2.) Quality Improvement and Risk Management: The Board shall, to the extent possible,
develop and implement quality improvement processes that utilize consumer outcome
measures, provider performance measures, and other data or participate in its local
government's quality improvement processes to improve services, ensure that services
are provided in accordance with current acceptable professional practice, and enable
the ongoing review of all major areas of the Board's responsibilities under this contract.
The Board shall, to the extent practicable, develop, implement, and maintain, itself or in
affiliation with other Boards, a quality improvement plan incorporating Board provider
performance measures, consumer outcome measures, and human rights information.
The Board shall, to the extent practicable, develop, implement, and maintain, itself or in
affiliation with other Boards, a risk management plan or the Board shall participate in a
local government's risk management plan. The Board shall work with the Department
through the System Leadership Council to identify how the Board will address quality
improvement activities.
5.
05-06-2008
FY 2009 Community Services Performance Contract
The Board shall implement, in collaboration with other Boards in its region, the state
hospitals and training centers serving its region, and private providers participating as
signatories in the regional partnership, regional utilization management procedures and
practices that reflect the Regional Utilization Management Guidance document,
adopted by the System Leadership Council on January 10, 2007, which, by agreement
of the parties, is hereby incorporated into and made a part of this contract by reference.
3.) Continuous Quality Improvement Process: The Board shall address and report on
the performance expectations and goals in Exhibit B of this contract as part of the
Continuous Quality Improvement Process supported by the Department and the Board.
4.) Consumer Outcome and Board Provider Performance Measures
a.) Measures: Pursuant to S 37.2-508 or S 37.2-608 of the Code of Virginia, the
Board shall report the consumer outcome, Board provider performance, consumer
satisfaction, and consumer and family member participation and involvement
measures in Exhibit C of this contract to the Department. These reporting
requirements are contingent on the Department supplying any necessary
specifications and software to the Board in time for the Board to make needed
changes in its information systems.
b.) Individual Board Performance Measures: The Department may negotiate
specific, time-limited measures with the Board to address identified performance
concerns or issues. When negotiated, such measures will be included as Exhibit D
of this contract.
c.) Consumer Satisfaction Survey: Pursuant to S 37.2-508 or S 37.2-608 of the
Code of Virginia, the Board shall participate in an assessment of consumer
satisfaction in accordance with Exhibit C of this contract.
d.) Substance Abuse Youth Surveys: The Board shall work closely with community-
based prevention planning groups, schools, and local governments to support and
enable the administration of the Virginia Community Youth Survey and the Virginia
Youth Tobacco Survey, which are mandated by federal funding sources and are
necessary for continuation of federal block grant funding.
e.) Prevention Services Participants and Program Evaluations: The Board shall
evaluate a minimum of 20 percent of participants in evidence-based prevention
programs using program-specific instruments, which are evaluation instruments and
processes developed by the program developer for that program. The Board shall
conduct program-specific evaluations of all federal Substance Abuse Prevention
and Treatment grant-supported prevention programs as agreed in the grant contract
with the Department. The Board shall use community-level abstinence data from
regional community youth survey data for alcohol, tobacco, and other drug use,
perceptions of harm and disapproval, and other indicator data, including archival
data listed in the National Outcome Measures, for outcome evaluation of
environmental strategies and community-based processes.
f.) Recovery Orientation: The Board shall develop and implement a plan for
assessing and increasing its recovery orientation over time, initially for adults with
serious mental illnesses, in accordance with Exhibit C and Section 5, Advancing the
Vision, of the Partnership Agreement.
5.) Program and Service Reviews: The Department may conduct or contract for reviews
of programs or services provided or contracted by the Board under this contract to
examine their quality or performance at any time as part of its monitoring and review
responsibilities or in response to concerns or issues that come to its attention, as
permitted under 45 CFR S 164.512 (a), (d), and (k) (6) (ii) and as part of its health
6.
05-06-2008
FY 2009 Community Services Performance Contract
oversight functions under 9 32.1-127.1 :03 (D) (6) and 9 37.2-508 or 9 37.2-608 of the
Code of Virginia or with a valid authorization by the consumer or his authorized
representative that complies with the Human Rights Regulations and the HIPAA Privacy
Rule.
6.) Response to Complaints: The Board shall implement procedures to respond to
complaints from consumers, family members, advocates, or other stakeholders as
expeditiously as possible in a manner that seeks to achieve a satisfactory resolution
and advises the complainant of any decision and the reason for it. The Board shall
acknowledge complaints that the Department refers to it within five days of receipt and
provide follow up commentary on them to the Department within 10 days of receipt.
c. Reporting Requirements
1.) Board Responsibilities: For purposes of reporting to the Department, the Board shall
comply with State Board Policy 1037 and:
a.) provide monthly Community Consumer Submission (CCS) extracts that report
individual consumer characteristic and service data to the Department, as required
by 937.2-508 or 9 37.2-608 of the Code of Virginia, the federal Substance Abuse
and Mental Health Services Administration, and Part C of Title XIX of the Public
Health Services Act - Block Grants, 9 1943 (a) (3) and 9 1971 and 9 1949, as
amended by Public Law 106-310, and as permitted under 45 CFR 99 164.506 (c)
(1) and (3) and 164.512 (a) (1) and (d) and under 932.1-127.1:03.D (6) of the Code
of Virginia, and as defined in the current CCS Extract Specifications and Design
Specifications (including the current Business Rules), which, by agreement of the
parties, are hereby incorporated into and made a part of this contract by reference;
b.) follow the current Core Services Taxonomy and CCS Extract Specifications and
Design Specifications (including the current Business Rules) when responding to
reporting requirements established by the Department;
c.) complete the National Survey of Substance Abuse Treatment Services (N-SSATS),
formerly the Uniform Facility Data Set (UFDS), annually that is used to compile and
update the National Directory of Drug and Alcohol Abuse Treatment Programs and
the on-line Substance Abuse Treatment Facility Locator;
d.) report Inventory of Mental Health Organizations information and data in accordance
with federal requests to the greatest extent possible;
e.) report KIT Prevention System data on all substance abuse prevention services
provided by the Board, including services that are supported by the Substance
Abuse Prevention and Treatment (SAPT) Block Grant allocation, LINK prevention
and education services funded with the 20 percent SAPT set aside, and prevention
services funded by other grants KIT Prevention System and reported under
substance abuse in CARS-ACCESS, and enter KIT Prevention System data on
goals, objectives, and programs approved by the community prevention planning
coalition by June 15;
f.) supply information to the Department's Forensics Information Management System
for consumers adjudicated not guilty by reason of insanity (NGRI), as required under
937.2-508 or 9 37.2-608 of the Code of Virginia and as permitted under 45 CFR 99
164.506 (c) (1) and (3),164.512 (d), and 164.512 (k) (6) (ii); and
g.) report data and information required by the current Appropriation Act.
2.) Routine Reporting Requirements: The Board shall account for all services,
revenues, expenses, and costs accurately and submit reports to the Department in a
timely manner using current CARS-ACCESS, CCS, or other software provided by the
Department. All reports shall be provided in the form and format prescribed by the
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,FY 2009 Community Services Performance Contract
Department. The Board shall provide the following information and meet the following
reporting requirements: '
a.) types, amounts, and service capacities of services provided; costs for services
provided; and numbers of consumers served by core service and revenues received
by source and amount and expenses paid by program area and for services
available outside of a program area, reported mid-year and at the end of the fiscal
year through CARS-ACCESS, and types and amounts of services provided to each
consumer, reported monthly through the current CCS;
b.) demographic characteristics of individual consumers through the current CCS;
c.) numbers of adults with serious mental illnesses, children with serious emotional
disturbance, children at risk of serious emotional disturbance, and individuals with
intellectual disabilities, substance dependence, or substance abuse through the
current CCS;
d.) performance expectations and goals and consumer outcome and Board provider
performance measures in Exhibits Band C;
e.) community waiting list information for the Comprehensive State Plan that is required
by ~ 37.2-315 of the Code of Virginia, as permitted under ~ 32.1-127.1 :03 (D) (6) of
the Code of Virginia and 45 CFR ~ 164.512 (d) and (k) (6) (ii) (when required);
f.) State Facility Discharge Waiting List Data Base reports using ACCESS software
supplied by the Department;
g.) Federal Balance Report (October 31);
h.) Total numbers of consumers served for the Discharge Assistance Project, Mental
Health Child and Adolescent Services Initiative, MR Waiver Services, and other
Consumer Designation (900) Codes through CARS-ACCESS (mid-year and at the
end of the fiscal year) and the current CCS;
i.) PATH reports (mid-year and at the end of the fiscal year);
j.) Uniform Cost Report information through CARS-ACCESS (annually) and
k.) other reporting requirements in the current CCS Extract or Design Specifications.
3.) Subsequent Reporting Requirements: In accordance with State Board Policy 1037,
the Board shall work with the Department to ensure that current data and reporting
requirements are consistent with each other and the current Core Services Taxonomy,
the current CCS, and the Treatment Episode Data Set (TEDS) and other federal
reporting requirements. The Board also shall work with the Department in planning and
developing any additional reporting or documentation requirements beyond those
identified in this contract, such as the federal mental health and substance abuse
National Outcomes Measures (NOMS) when they become effective, to ensure that such
requirements are consistent with the current Core Services Taxonomy, the current
CCS, and TEDS and other federal reporting requirements.
4.) Streamlining Reporting Requirements: The Board shall work with the Department
through the V ACSB Data Management Committee to review existing reporting
requirements outside of the current CCS to determine if they are still necessary and, if
they are, to streamline those reporting requirements as much as possible.
d. Discharge Assistance Project (DAP)
1.) Board Responsibilities: If it participates in any DAP funded by the Department, the
Board shall manage, account for, and report DAP funds allocated to it as a restricted
fund. The Board shall be responsible for ensuring the effective utilization of those
funds, without submitting individualized services plans (ISPs) to the Department for
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FY 2009 Community Services Performance Contract
approval or preauthorization. The Board shall submit all DAP ISPs to the Department
for information purposes and shall inform the Department whenever a consumer is
admitted to or discharged from a DAP-funded placement.
2.) Department Review: The Board agrees to participate in any utilization review or
utilization management activities conducted by the Department involving services
provided under the DAP. Protected health information may be disclosed as permitted
under 45 CFR SS 164.506 (c) (1), (3), and (4) and 164.512 (k) (6) (ii).
3.) Procedures: The Board shall adhere to the DAP Procedures in the General
Requirements Document if it participates in any DAP funded by the Department.
e. Individualized Services
1.) Board Responsibilities: If it participates in any individualized services, except the
DAP, funded by the Department (e.g., the MH Child and Adolescent Services Initiative),
the Board shall manage, account for, and report such individualized services funds
allocated to it as a restricted fund. The Board shall be responsible for ensuring the
effective utilization of those funds, without submitting individualized services plans to
the Department for preauthorization or approval.
2.) Department Review: The Board agrees to participate in any utilization review or
utilization management activities conducted by the Department involving services
provided as individualized services. Protected health information may be disclosed as
permitted under 45 CFR SS 164.506 (c) (1) and (3) and 164.512 (k) (6) (ii).
3.) Procedures: The Board shall develop and maintain individualized services plans
(ISPs), which shall be subject to review by the Department, for such individualized
services; but the Board shall not be required to submit these ISPs to the Department for
information purposes or for prior review or approval.
f. Compliance Requirements: The Board shall comply with all applicable federal, state, and
local laws and regulations, including those contained or referenced in the General
Requirements Document and in Exhibit F of this contract, as they affect the operation of this
contract. Any substantive change in the General Requirements Document, except changes
in statutory, regulatory, policy, or other requirements or in other documents incorporated by
reference in it, which changes are made in accordance with processes or procedures
associated with those statutes, regulations, policies, or other requirements or documents,
shall constitute an amendment of this contract, made in accordance with applicable
provisions of the Partnership Agreement, that requires a new contract signature page,
signed by both parties.
If any laws or regulations that become effective after the execution date of this contract
substantially change the nature and conditions of this contract, they shall be binding upon
the parties, but the parties retain the right to exercise any remedies available to them by law
or other provisions of this contract. The Board shall comply with the Health Insurance
Portability and Accountability Act of 1996 and the regulations promulgated thereunder by
their compliance dates, except where the HIPAA requirements and applicable state law or
regulations are contrary, and state statutes or regulations are more stringent, as defined in
45 CFR S 160.202, than the related HIPAA requirements.
The Board shall follow the procedures and satisfy the requirements in the Performance
Contract Process and the Administrative Performance Standards, contained in Exhibits E
and I respectively of this contract. The Board shall document its compliance with ss 37.2-
501, 37.2-504, and 37.2-508 or SS 37.2-602, 37.2-605, and 37.2-608 of the Code of Virginia
in Exhibits G and H of this contract.
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FY 2009 Community Services Performance Contract
g. Regional Programs: The Board shall manage or participate in the management of,
account for, and report on regional programs in accordance with the Regional Program
Principles in Exhibit J of this contract and the Regional Program Procedures in Appendix D
of the General Requirements Document. The Board agrees to participate in any utilization
review or utilization management activities conducted by the Department involving services
provided through a regional program. Protected health information may be disclosed as
permitted under 45 CFR 99 164.506 (c) (1) and (3) and 164.512 (k) (6) (ii).
h. Joint Agreements: If the Board enters into a joint agreement pursuant to 9 37.2-512 or
9 37.2-615 of the Code of Virginia, the Board shall describe the agreement in Exhibit K of
this contract and shall attach a copy of the joint agreement to that Exhibit.
7. Department Responsibilities
a. Funding: The Department shall disburse the state general funds displayed in Exhibit A,
subject to the Board's compliance with the provisions of this contract, prospectively on a
semi-monthly basis to the Board. Payments may be revised to reflect funding adjustments.
The Department shall disburse federal grant funds that it receives to the Board in
accordance with the requirements of the applicable federal grant and, wherever possible,
prospectively on a semi-monthly basis. The Department shall make these payments in
accordance with Exhibit E of this contract.
b. State Facility Services
1.) The Department shall make state facility services available, if appropriate, through its
state hospitals and training centers, when individuals located in the Board's service
area meet the admission criteria for these services.
2.) The Department shall track, monitor, and report on the Board's utilization of state
hospital beds and provide data to the Board about consumers from its service area who
are served in state hospitals as permitted under 45 CFR 99 164.506 (c) (1), (2), and (4)
and 164.512 (k) (6) (ii). The Department shall post state hospital bed utilization by the
Board for all types of beds (adult, geriatric, child and adolescent, and forensic) on its
Internet web site for information purposes.
3.) The Department shall manage its state hospitals and training centers in accordance
with State Board Policy 1035 to support service linkages with the Board, including
adherence to the applicable provisions of the Continuity of Care Procedures, attached
to the General Requirements Document as Appendix A, and the Discharge Planning
Protocols. The Department shall assure that its state hospitals and training centers use
teleconferencing technology to the extent practicable and whenever possible to facilitate
the Board's participation in treatment planning activities and the Board's fulfillment of its
discharge planning responsibilities for its consumers in state hospitals and training
centers.
4.) The Department shall involve the Board, as applicable and to the greatest extent
possible, in collaborative planning activities regarding the future role and structure of
state hospitals and training centers.
5.) Recovery Orientation: Each state hospital shall develop and implement a plan for
assessing and increasing its recovery orientation over time, initially for adults with
serious mental illnesses, in accordance with Section 5, Advancing the Vision, of the
Partnership Agreement.
c. Quality of Care
1.) The Department with participation from the Board shall identify consumer outcome,
Board provider performance, consumer satisfaction, and consumer and family member
participation and involvement measures and emergency services and case
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FY 2009 Community Services Performance Contract
management services performance expectations and goals for inclusion in this contract,
pursuant to S 37.2-508 or S 37.2-608 of the Code of Virginia, and shall collect
information about these measures and performance expectations and goals and work
with the Board to use them as part of the Continuous Quality Improvement Process
described in Exhibit B to improve services.
2.) The Department may provide professional consultations to the Board upon request for
clinically complex or difficult or medically complicated cases within the resources
available for this purpose in the Department or its facilities and as permitted under 45
CFR S 164.506 (c) (1) when consumers or their authorized representatives have
requested second opinions and with valid authorizations that comply with the Human
Rights Regulations and the HIPAA Privacy Rule or when staff of the Board request such
consultations for its consumers in the community, if the Board is not able to provide
those second opinions or obtain this consultation within its resources.
3.) The Department shall work with the Board, the state hospitals and training centers
serving it, and private providers participating as signatories in the regional partnership,
to implement regional utilization management procedures and practices that reflect the
Regional Utilization Management Guidance document, adopted by the System
Leadership Council on January 10, 2007, which, by agreement of the parties, is hereby
incorporated into and made a part of this contract by reference.
4.) Recovery Orientation: The Department shall develop and implement a plan for
assessing and increasing its recovery orientation over time, initially for adults with
serious mental illnesses, in accordance with Exhibit C and Section 5, Advancing the
Vision, of the Partnership Agreement. It shall work with the Board through the Virginia
Association of Community Services Boards to identify one or more standardized
instruments for the Board, the Department, and state hospitals to use periodically to
assess their consumer orientation; work with the Board within the resources available to
support the Board's efforts to assess and increase its consumer orientation over time;
and review and provide feedback to the Board on its efforts in this area.
d. Reporting Requirements
1.) In accordance with State Board Policy 1037, the Department shall work with
representatives of Boards, including the Virginia Association of Community Services
Boards' Data Management Committee (DMC), to ensure that current data and reporting
requirements are consistent with each other and with the current Core Services
Taxonomy, the current Community Consumer Submission (CCS), and TEDS and other
federal reporting requirements. The Department also shall work with representatives of
Boards, including the DMC, in planning and developing any additional reporting or
documentation requirements beyond those identified in this contract, such as the
federal mental health and substance abuse National Outcomes Measures (NOMS)
when they become effective, to ensure that such requirements are consistent with the
current Core Services Taxonomy, the current CCS, and TEDS and other federal
reporting requirements.
2.) The Department shall collaborate with representatives of the Boards, including the
DMC, in the implementation and modification of the current Community Consumer
Submission (CCS), which reports individual consumer characteristic and service data
that is required under S 37.2-508 or S 37.2-608 of the Code of Virginia, the federal
Substance Abuse and Mental Health Services Administration, and Part C of Title XIX of
the Public Health Services Act - Block Grants, S1943 (a) (3) and S 1971 and S 1949, as
amended by Public Law 106-310, to the Department and is defined in the current CCS
Extract Specifications and Design Specifications (including the current Business Rules).
The Department will receive and use individual consumer characteristic and service
data disclosed by the Board through the CCS as permitted under 45 CFR SS 164.506
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FY 2009 Community Services Performance Contract
(c) (1) and (3) and 164.512 (a) (1) and under ~ 32.1-127.1 :03.0 (6) of the Code of
Virginia and shall implement procedures to protect the confidentiality of this information
pursuant to ~ 37.2-504 or ~ 37.2-605 of the Code of Virginia and HIPAA.
3.} The Department shall work with representatives of the Boards, including the DMC, to
reduce the number of data elements required whenever this is possible.
4.} The Department shall ensure that all surveys and requests for data have been reviewed
for cost effectiveness and developed through a joint Department and Board process.
The Department shall comply with the Procedures for Approving CSB Surveys,
Questionnaires, and Data Collection Instruments and Establishing Reporting
Requirements, issued by Commissioner Reinhard on November 9, 2007.
5.} The Department shall work with representatives of the Boards, including the DMC, to
review existing reporting requirements outside of the current CCS to determine if they
are still necessary and, if they are, to streamline those reporting requirements as much
as possible.
e. Discharge Assistance Project
1.} Department Responsibilities: If the Board participates in any DAP funded by the
Department, the Department shall fund and monitor the DAP as a restricted fund. The
Department agrees that the Board shall be responsible for ensuring the effective
utilization of those funds, without submitting individualized services plans to the
Department for preauthorization or approval.
2.} Department Review: The Department may conduct utilization review or utilization
management activities involving services provided by the Board under the DAP. If such
activities involve the disclosure of protected health information, the information may be
used and disclosed as permitted under 45 CFR ~~ 164.506 (c) (1), (3), and (4) and
164.512 (k) (6) (ii).
3.} Procedures: The Department shall adhere to the DAP Procedures in the General
Requirements Document. If the Board's participation in the DAP causes it to be out of
compliance with the 10 percent local matching funds requirement in ~ 37.2-509 of the
Code of Virginia, the Department shall grant an automatic waiver of that requirement,
related to the DAP funds, as authorized by that Code section and State Board Policy
4010.
f. Individualized Services
1.} Department Responsibilities: If the Board participates in any individualized services,
except DAP, funded by the Department (e.g., the MH Child and Adolescent Services
Initiative), the Department shall fund and monitor those services as a restricted fund.
The Department agrees that the Board shall be responsible for ensuring the effective
utilization of those funds, without submitting individualized services plans to the
Department for preauthorization, approval, or information.
2.) Department Review: The Department may conduct utilization review or utilization
management activities involving services provided by the Board as individualized
services. If such activities involve the disclosure of protected health information, the
information may be used and disclosed as permitted under 45 CFR ~~ 164.506 (c) (1)
and (3) and 164.512 (k) (6) (ii).
g. Compliance Requirements: The Department shall comply with all applicable state and
federal statutes and regulations, including those contained or referenced in the General
Requirements Document and in Exhibit F of this contract, as they affect the operation of this
contract. Any substantive change in the General Requirements Document, except changes
in statutory, regulatory, policy, or other requirements or in other documents incorporated by
reference in it, which changes are made in accordance with processes or procedures
12. 05-06-2008
FY 2009 Community Services Performance Contract
associated with those statutes, regulations, policies, or other requirements or documents,
shall constitute an amendment of this contract, made in accordance with applicable
provisions of the Partnership Agreement, that requires a new contract signature page,
signed by both parties.
If any laws or regulations that become effective after the execution date of this contract
substantially change the nature and conditions of this contract, they shall be binding upon
the parties, but the parties retain the right to exercise any remedies available to them by law
or other provisions of this contract. The Department and its state hospitals and training
centers shall comply with the Health Insurance Portability and Accountability Act of 1996
and the regulations promulgated thereunder by their compliance dates, except where the
HIPAA requirements and applicable state law or regulations are contrary, and state statutes
or regulations are more stringent, as defined in 45 CFR ~ 160.202, than the related HIPAA
requirements.
If the Board's receipt of state facility reinvestment project funds causes it to be out of
compliance with the 10 percent local matching funds requirement in ~ 37.2-509 of the Code
of Virginia, the Department shall grant an automatic waiver of that requirement, related to
the state facility reinvestment project funds, as authorized by that Code section and State
Board Policy 4010.
h. Communication: The Department shall provide technical assistance and written
notification regarding changes in funding source requirements, such as regulations,
policies; procedures, and interpretations, to the extent that those changes are known to the
Department. The Department shall resolve, to the extent practicable, inconsistencies in
state agency requirements that affect requirements in this contract. The Department shall
respond in a timely manner to written correspondence from the Board that requests
information or a response.
i. Regional Programs: The Department may conduct utilization review or utilization manage-
ment activities involving services provided by the Board through a regional program. If
such activities involve the disclosure of protected health information, the information may be
used and disclosed as permitted under 45 CFR ~~ 164.506 (c) (1) and (3) and 164.512 (k)
(6) (ii). If the Board's participation in a regional program, as defined in the Regional
Program Principles in Exhibit J of this contract and the Regional Program Procedures in
Appendix D of the General Requirements Document, causes it to be out of compliance with
the 10 percent local matching funds requirement in ~ 37.2-509 of the Code of Virginia, the
Department shall grant an automatic waiver of that requirement, related to the funds for that
regional program, as authorized by that Code section and State Board Policy 4010.
8. Subcontracting: The Board may subcontract any of the requirements in this contract. The
Board shall remain fully and solely responsible and accountable for meeting all of its obligations
and duties under this contract, including all services, terms, and conditions, without regard to its
subcontracting arrangements. Subcontracting must comply with applicable statutes,
regulations, and guidelines, including the Virginia Public Procurement Act. All subcontracted
activities shall be formalized in written contracts between the Board and subcontractors. The
Board agrees to provide copies of such contracts or other documents to the Department upon
request. The Board shall satisfy the subcontracting provisions in the General Requirements
Document.
9. Terms and Conditions
a. Availability of Funds: The Department and the Board shall be bound by the provisions of
this contract only to the extent of the funds available or that may hereafter become
available for the purposes of the contract.
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FY 2009 Community Services Performance Contract
b. Compliance: The Department may utilize a variety of remedies, including requiring a
corrective action plan, delaying payments, and terminating the contract, to assure Board
compliance with this contract. Specific remedies, described in Exhibit I of this contract, may
be taken if the Board fails to satisfy the reporting requirements in this contract.
c. Disputes: Resolution of disputes arising from Department contract compliance review and
performance management efforts or from actions by the Board related to this contract may
be pursued through the dispute resolution process in section 9.f, which may be used to
appeal only the following conditions:
1.) reduction or withdrawal of state general or federal funds, unless funds for this activity
are withdrawn by action of the General Assembly or federal government, or adjustment
of allocations or payments pursuant to section 5 of this contract;
2.) termination or suspension of the performance contract, unless funding is no longer
available;
3.) refusal to negotiate or execute a contract modification;
4.) disputes arising over interpretation or precedence of terms, conditions, or scope of the
performance contract;
5.) determination that an expenditure is not allowable under this contract; and
6.) determination that the performance contract is void.
d. Termination
1.) The Department may terminate this contract immediately, in whole or in part, at any
time during the contract period if funds for this activity are withdrawn or not appropriated
by the General Assembly or are not provided by the federal government. In this
situation, the obligations of the Department and the Board under this contract shall
cease immediately. The Board and the Department shall make all reasonable efforts to
ameliorate any negative consequences or effects of contract termination on consumers
and Board staff.
2.) The Board may terminate this contract immediately, in whole or in part, at any time
during the contract period if funds for this activity are withdrawn or not appropriated by
its local government(s) or other funding sources. In this situation, the obligations of the
Board and the Department under this contract shall cease immediately. The Board and
the Department shall make all reasonable efforts to ameliorate any negative
consequences or effects of contract termination on consumers and Board staff.
3.) In accordance with S 37.2-508 or S 37.2-608 of the Code of Virginia, the Department
may terminate all or a portion of this contract, after unsuccessful use of the remediation
process described in section 9.e and after affording the Board an adequate opportunity
to use the dispute resolution process described in section 9.f of this contract. A written
notice specifying the cause must be delivered to the Board's board chairman and
executive director at least 75 days prior to the date of actual termination of the contract.
In the event of contract termination under these circumstances, only payment for
allowable services rendered by the Board shall be made by the Department.
e. Remediation Process: The remediation process mentioned in S 37.2-508 or S 37.2-608 of
the Code of Virginia is an informal procedure that shall be used by the Department and the
Board to address a particular situation or condition identified by the Department or the
Board that may, if unresolved, result in termination of the contract, in accordance with the
provisions of section 9.d of this contract. The details of this remediation process shall be
developed by the parties and added as an exhibit of this contract. This exhibit shall
describe the situation or condition and include the performance measures that shall
document a satisfactory resolution of the situation or condition.
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FY 2009 Community Services Performance Contract
f. Dispute Resolution Process: Disputes arising from any of the conditions in section 9.c of
this contract shall be resolved using the following process.
1.) Within 15 days of the Board's identification or receipt of a disputable action taken by the
Department or of the Department's identification or receipt of a disputable action taken
by the Board, the party seeking resolution of the dispute shall submit a written notice to
the Department's Director of Community Contracting, stating its desire to use the
dispute resolution process. The written notice must describe the condition, nature, and
details of the dispute and the relief sought by the party.
2.) The Director of Community Contracting shall review the written notice and determine if
the dispute falls within the conditions listed in section 9.c. If it does not, the Director of
Community Contracting shall notify the party in writing within seven days of receipt of
the written notice that the dispute is not subject to this dispute resolution process. The
party may appeal this determination to the Commissioner in writing within seven days of
its receipt of the Director's written notification.
3.) If the dispute falls within the conditions listed in section 9.c, the Director of Community
Contracting shall notify the party within seven days of receipt of the written notice that a
panel will be appointed within 15 days to conduct an administrative hearing.
4.) Within 15 days of notification to the party, a panel of three or five disinterested
individuals shall be appointed to hear the dispute. The Board shall appoint one or two
members; the Commissioner shall appoint one or two members; and the appointed
members shall appoint the third or fifth member. Each panel member will be informed
of the nature of the dispute and be required to sign a statement indicating that he has
no interest in the dispute. Any person with an interest in the dispute shall be relieved of
panel responsibilities and another person shall be selected as a panel member.
5.) The Director of Community Contracting will contact the parties by telephone and
arrange for a panel hearing at a mutually convenient time, date, and place. The panel
hearing shall be scheduled not more than 15 days after the appointment of panel
members. Confirmation of the time, date, and place of the hearing will be
communicated to all parties at least seven days in advance of the hearing.
6.) The panel members shall elect a chairman and the chairman shall convene the panel.
The party requesting the panel hearing shall present evidence first, followed by the
presentation of the other party. The burden shall be on the party requesting the panel
hearing to establish that the disputed decision or action was incorrect and to present the
basis in law, regulation, or policy for its assertion. The panel may hear rebuttal
evidence after the initial presentations by the Board and the Department. The panel
may question either party in order to obtain a clear understanding of the facts.
7.) Subject to provisions of the Freedom of Information Act, the panel shall convene in
closed session at the end of the hearing and shall issue written recommended findings
of fact within seven days of the hearing. The recommended findings of fact shall be
submitted to the Commissioner for a final decision.
8.) The findings of fact shall be final and conclusive and shall not be set aside by the
Commissioner unless they are (1) fraudulent, arbitrary, or capricious; (2) so grossly
erroneous as to imply bad faith; (3) in the case of termination of the contract due to
failure to perform, the criteria for performance measurement are found to be erroneous,
arbitrary, or capricious; or (4) not within the Board's purview.
9.) The final decision shall be sent by certified mail to both parties no later than 60 days
after receipt of the written notice from the party invoking the dispute resolution process.
10.) Multiple appeal notices shall be handled independently and sequentially so that an
initial appeal will not be delayed by a second appeal.
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FY 2009 Community Services Performance Contract
11.) The Board or the Department may seek judicial review of the final decision as provided
in 9 2.2-4365 of the Code of Virginia in the Circuit Court for the City of Richmond within
30 days of receipt of the final decision.
g. Contract Amendment: This contract, including all exhibits and incorporated documents,
constitutes the entire agreement between the Department and the Board. The services
identified in Exhibit A of this contract may be revised in accordance with the performance
contract revision instructions, contained in Exhibit E of this contract. Other provisions of
this contract may be amended only by mutual agreement of the parties, in writing and
signed by the parties hereto.
h. Liability: The Board shall defend or compromise, as appropriate, all claims, suits, actions,
or proceedings arising from its performance of this contract. The Board shall obtain and
maintain sufficient liability insurance to cover claims for bodily injury and property damage
and suitable administrative or directors and officers liability insurance. These
responsibilities may be discharged by means of a proper and sufficient self-insurance
program operated by the state or a city or county government. The Board shall provide a
copy of any such policy or program to the Department upon request. This contract is not
intended to, and does not, create by implication or otherwise any basis for any claim or
cause of action by a person or entity not a party to this contract, arising out of any claimed
violation of any provision of this contract, nor does it create any claim or right on behalf of
any individual to services or benefits from the Board or the Department.
i. Severability: Each paragraph and provision of this contract is severable from the entire
contract, and the remaining provisions shall nevertheless remain in full force and effect if
any provision is declared invalid or unenforceable.
10. Areas for Future Resolution: On an ongoing basis, the Board and the Department agree
to work together to identify and resolve barriers and policy and procedural issues that interfere
with the most effective and efficient delivery of public services. This section identifies issues
and topics that the Board and the Department agree to work on collaboratively during the term
of this contract in order to resolve them during that period or later, if necessary. Issues and
topics may be added at any time by mutual agreement through amendment of this contract.
The Board or representatives of the Board and the Department will establish work groups
where appropriate to address these issues and topics. The Department and the Board also
may address issues and topics through the System Leadership Council and the System
Operations Team, which are described in the Partnership Agreement.
a. Evidence-Based or Best Clinical Practices: Identify evidence-based practices or best
clinical practices that will improve the quality of mental health, mental retardation, or
substance abuse services and address the service needs of individuals with co-occurring
disorders and develop strategies for the implementation of these practices to the extent
practicable.
b. Mental Health and Substance Abuse Services Performance Expectations and Goals:
Develop the second phase of performance expectations and goals that will address service
quality issues for emergency services and case management services and expand this
continuous quality improvement approach to other services provided by the Board,
including preadmission screening and discharge planning, to local, regional, and statewide
utilization management, and to state facility operations.
c. Data Quality and Use: Through the Moving Forward Work Group, the VACSB Data
Management Committee, and similar mechanisms, work collaboratively to (i) monitor and
increase the timeliness and quality of data submitted through the current Community
Consumer Submission in accordance with the current CCS Extract Specifications and
Design Specifications (including the current Business Rules); (ii) address current and future.
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FY 2009 Community Services Performance Contract
data and information needs, including communicating more effectively about the volume of
services provided and how these services affect the lives of individual consumers; (iii)
achieve the values and benefits of interoperability or the ability to reliably exchange
information without error, in a secure fashion, with different information technology systems,
software applications, and networks in various settings; to exchange this information with its
clinical or operational meaning preserved and unaltered; and to do so in the course of the
process of service delivery to promote the continuity of that process and (iv) plan for the
implementation of electronic Health Information Exchange and Electronic Health Records
by July 1, 2012 to improve the quality and accessibility of services and streamline and
reduce reporting and documentation requirements.
d. Co-Occurring Disorder Treatment Performance Expectations and Goals: As part of
the continuous quality improvement process described in Exhibit B, develop co-occurring
disorder treatment performance expectations, goals, and benchmarks in areas such as
Board self-assessment, consumer screening and assessment, service integration, and
reporting, for possible inclusion in the FY 2010 performance contract. As part of this
activity, reference or develop CCS data elements and Core Services Taxonomy definitions
that identify consumers with co-occurring disorders and services that treat those disorders.
e. Regional Management Structures or Processes for Consumers Moving Among
Regions or Providers: Through the Regional Utilization Management/Continuous Ouality
Improvement (RUM/COI) Work Group, develop clear regional management structures or
processes to deal with consumers transferring between private providers participating as
signatories in regional partnerships and Boards or state facilities within a region or across
regions or consumers transferring from Boards or state facilities in one region to Boards or
state facilities in another region. The structures or processes should focus on behavioral
rather than diagnostic criteria, individuals and their unique situations rather than population
groupings, shared responsibilities and joint ownership, and problem solving. The structures
or processes should be as consistent as possible among regions, while allowing variations
needed to accommodate particular or unique circumstances in regions. The RUM/COI
Work Group shall develop these structures or processes for consideration and possible
adoption in FY 2010 and, where appropriate, inclusion in the FY 2010 contract.
f. Discharge Planning Protocols and Continuity of Care Procedures: Through the
RUM/COI Work Group or a separate group established for this purpose, revise the current
Discharge Planning Protocols, Continuity of Care Procedures, and Procedures for
Continuity of Care Between Community Services Boards and State Psychiatric Facilities
(February 3, 1997), integrating or combining them to the greatest extent possible, in time for
the revised document(s) to be included in or incorporated by reference into the FY 2010
performance contract. The revised document(s) shall be consistent with applicable Code of
Virginia requirements and with the regional structures or processes developed pursuant to
section 1 O.e of this contract and also shall include admission protocols or procedures. The
revised document(s) or the regional structures or processes also shall address a process
for resolving disagreements or problems among Boards and state facilities which they
cannot resolve locally.
17.
05-06-2008
FY 2009 Community Services Performance Contract
11. Signatures: In witness thereof, the Department and the Board have caused this
performance contract to be executed by the following duly authorized officials.
Virginia Department of Mental Health,
Mental Retardation and Substance
Abuse Services
Board
By:
By:
Name: James S. Reinhard, M.D.
Title: Commissioner
Name:
Title:
Chairman of the Board
Date:
Date:
By:
Name:
Title:
Executive Director
Date:
18.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit A
CSB:
Consolidated Budget
Revenue Source Mental Mental Substance
Health Retardation Abuse TOTAL
State Funds
State Restricted Funds
Local Matching Funds
Total Fees
Transfer Fees (To)/From
Federal Funds
Other Funds
State Retained Earnings
Federal Retained Earnings
Other Retained Earnings
Subtotal: Ongoing Funds
State Funds One -Time
State Restricted Funds One-Time
Federal Funds One-Time
Subtotal: One-Time Funds
Total: All Funds
Cost forMH, MR, SA Services 1 I I
Cost for Services Available Outside of a Program Area (AP-4)
Total Costs
Local Match Computation
Total State and State
Restricted Funds
Total Local Matching Funds
Total State and Local Funds
Total Local Match Percent
(LocalfTotal State + Local)
Administrative Expenses
Administrative Expenses
Total Expenses
Administrative Percent
AF-1
19.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit A
CSB:
Financial Comments
Comment 1
Comment 2
Comment 3
Comment 4
Comment 5
Comment 6
Comment 7
Comment 8
Comment 9
Comment 10
Comment 11
Comment 12
Comment 13
Comment 14
Comment 15
Comment 16
Comment 17
Comment 18
Comment 19
Comment 20
Comment 21
Comment 22
Comment 23
Comment 24
Comment 25
AF-2
20.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit A
Mental Health
CSB:
Revenue Sources
Fees
MH Medicaid Fees
MH Fees: Other
Total MH Fees
MH Transfer Fees (To)/From
Net MH Fees
Restricted Funds
Federal
MH FBG SED Child & Adolescent
MH FBG SMI
MH FBG PACT
MH FBG Geriatrics
MH FBG Consumer Services
MH FBG PATH
MH Other Federal - OMHMRSAS
MH Other Federal - CSB
Total Restricted Federal MH Funds
State
MH Acute Care (Fiscal Agent)
MH Transfer In/(Out) Acute Care
M H Net Acute Care
MH Regional OAP (Fiscal Agent)
MH Transfer In/(Out) Regional OAP
MH Net Regional DAP
MH Facility Reinvestment (Fiscal Agent)
MH Transfer In/(Out) Facility Reinvestment
MH Net Facility Reinvestment
MH Regional OAO/Wintext (Fiscal Agent)
MH Transfer In/(Out) OAO/Wintex
MH Net Regional DADlWintex
MH Crisis Stabilization (Fiscal Agent)
MH Transfer In/(Out) Crisis Stabilization
MH Net Crisis Stabilization
MH Recovery (Fiscal Agent)
MH Transfer In/(Out) Recovery
MH Net Recovery
MH Transformation (Fiscal Agent)
MH Transfer In/(Out) Transformation
MH Net Transformation
Revenue
AF-3
21.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit A
Mental Health
CSB:
Revenue Sources
Revenue
MH DAD/Wintex
MH PACT
MH Discharge Assistance Project (DAP)
MH Child & Adolescent Services Initiative
MH Pharmacy (Blue Ridge)
MH Demo Proj-System of Care (Child)
MH Juvenile Detention
MH Jail Diversion/Service
MH Geriatric Services
MH Civil Commitment Law Reforms
Total Restricted State MH Funds
Other Funds
MH Other Funds
MH Federal Retained Earnings
MH State Retained Earnings
MH State Retained Earnings - Regional Programs
MH Other Retained Earnings
Total Other MH Funds
State Funds
MH State General Funds
MH State Regional Deaf Services
MH State NGRI Funds
MH State Children's Services
Total State MH Funds
Local MatchinQ Funds
MH In-Kind
MH Contributions
MH Local Other
MH Local Government
Total Local MH Funds
Total MH Revenue
One-Time MH Funds
MH FBG SWVMH Board
MH FBG SMI
MH FBG SED Child & Adolescent
MH FBG Consumer Services
MH Fed Emergency Preparedness & Response
MH Fed SERG
MH State General Funds
Total One-Time MH Funds
Total All MH Revenue
AF-4
22.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit A
Mental Retardation
CSB:
Revenue Sources
Fees
MR Medicaid Fees
MR Medicaid ICF/MR
MR Fees: Other
MR Fees: Part C
Total MR Fees
MR Transfer Fees (To)/From
Net M R Fees
Restricted Funds
Federal
MR Other Federal - DMHMRSAS
MR Other Federal- CSB
Total Restricted Federal MR Funds
State
MR Facility Reinvestment (Fiscal Agent)
MR Transfer In/(Out) Facility Reinvestment
MR Net Facility Reinvestment
MR Transformation
Total Restricted State MR Funds
Other Funds
MR Workshop Sales
MR Other Funds
MR Other Funds- Part C
MR State Retained Earnings
MR Other Retained Earnings
Total Other MR Funds
State Funds
MR State General Funds
MR OBRA
MR Family Support
MR Children's Family Support
Total State MR Funds
Revenue
AF-5
23.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit A
Mental Retardation
CSB:
Revenue Sources
Revenue
Local Matchinq Funds
MR In-Kind
MR Contributions
MR Local Other
MR Local Government
Total Local MR Funds
Total MR Revenue
One-Time MR Funds
MR Waiver Start Up
Total One-Time MR Funds
Total All MR Revenue
AF-6
24.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit A
Substance Abuse
CSB:
Revenue Sources
Fees
SA Medicaid Fees
SA Fees: Other
Total SA Fees
SA Transfer Fees (To)/From
SA Net Fees
Restricted Funds
Federal
SA FBG Alcohol/Drug Treatment
SA FBG Women
SA FBG Prevention-Women
SA FBG SARPOS
SA FBG Facility Diversion
SA FBG Jail Services
SA FBG Crisis Intervention
SA FBG Prevention
SA FBG Co-Occurring
SA FBG Prev-Strengthening Families
SA FBG New Directions
SA Fed VASIP/COSIG (Fiscal Agent)
SA Fed Transfer In/(Out) VASIP/COSIG
SA Net V ASIP/COSIG
SA Fed Project REMOTE
SA Fed Project TREAT
SA Other Federal - DMHMRSAS
SA Other Federal - CSB
Total Restricted Federal SA Funds
State
SA Facility Reinvestment (Fiscal Agent)
SA Transfer In/(Out) Facility Reinvestment
SA Net Facility Reinvestment
SA Facility Diversion
SA Women
SA Crisis Stabilization
SA Medically Assisted Treatment (MAT)
SA Transformation
SA SARPOS
SA Recovery
SA HIV/AIDS
Total Restricted State SA Funds
AF-7
25.
Revenue
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit A
Substance Abuse
CSB:
Revenue Sources
Revenue
Other Funds
SA Other Funds
SA Federal Retained Earnings
SA State Retained Earnings
SA State Retained Earnings - Regional Programs
SA Other Retained Earnings
Total Other SA Funds
State Funds
SA State General Funds
SA Region V Residential
SA Postpartum - Women
SA Jail Services/Juv Detention
Total State SA Funds
Local Matchinq Funds
SA In-Kind
SA Contributions
SA Local Other
SA Local Government
Total Local SA Funds
Total SA Revenue
One-Time SA Funds
SA FBG Alcohol/Drug Treatment
SA FBG Women
SA FBG Prevention
Total One-Time SA Funds
Total All SA Revenue
AF-8
26.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit A
Local Government Tax Appropriations
CSB:
City or County
Tax Appropriation
Total Local Government Tax Funds
AF-9
27.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit A
Supplemental Information
Reconciliation of Financial Report and Utilization Data (Core Services) Expenses
CSB:
Services Outside
MH MR SA of a Prog. Area Total
Financial Report Revenue
Utilization Data Expenses
Difference
Difference results from
Other
Explanation of Other:
AP-10
28.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit A
CSB:
Form 11: Mental Health Services Program Area (100)
Core Services or Consumers
Consumer Des; nation Codes Served Costs
250 Acute Psychiatric Inpatient Services
310 Outpatient Services
350 Assertive Community Treatment
320 Case Management Services
410 Day Treatment/Partial Hospitalization
420 Ambulatory Crisis Stabilization Services
425 Rehabilitation
430 Sheltered Employment
465 Group Supported Employment
460 Individual Supported Employment
501 Highly Intensive Residential Services
510 Residential Crisis Stabilization Services
521 Intensive Residential Services
551 Supervised Residential Services
581 Supportive Residential Services
610 Prevention Services
910 Discharge Assistance Project (DAP)
915 Mental Health Child and Adolescent
Services Initiative
916 Mental Health Services for Children &
Adolescents in Juvenile Detention Centers
918 Program of Assertive Community Treatment
(PACT)
919 Project for Assistance in Transition from
Homelessness (PA TH)
AP-1
29.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit A
CSB:
Form 21: Mental Retardation Services Program Area (200)
Core Services or Consumers
Consumer Desi nation Code Served Costs
310 Outpatient Services
320 Case Management Services
425 Habilitation
430 Sheltered Employment
465 Group Supported Employment
460 Individual Supported Employment
501 Highly Intensive Residential (Community-Based
ICF/MR) Services
521 Intensive Residential Services
551 Supervised Residential Services
581 Supportive Residential Services
610 Prevention Services
625 Infant and Toddler Intervention Services
920 Medicaid Mental Retardation Home and
Communit -Based Waiver Services
AP-2
30.
05-06-2008
FY 2009 Community Services Performance '€ontract
Exhibit A
CSB:
Form 31: Substance Abuse Services Program Area (300)
Core Services or Consumers
Consumer Desi nation Codes Served Costs
250 Acute Substance Abuse Inpatient Services
260 Community-Based SA Medical Detoxification
In atient Hos ital) Services
310 Outpatient Services
330 Opioid Detoxification Services
340 Opioid Treatment Services
320 Case Management Services
410 Day Treatment/Partial Hospitalization
420 Ambulatory Crisis Stabilization Services
425 Rehabilitation
430 Sheltered Employment
465 Group Supported Employment
460 Individual Supported Employment
501 Highly Intensive Residential (Community-Based SA
Detoxification Services
510 Residential Crisis Stabilization Services
521 Intensive Residential Services
531 Jail-Based Habilitation Services
551 Supervised Residential Services
581 Supportive Residential Services
610 Prevention Services
933 Substance Abuse Medically Assisted Treatment
934 Project REMOTE
935 Recovery Support Services
AP-3
31.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit A
CSB:
Form 01: Services Available Outside of a Program Area (400)
Core Services Consumers Served Costs
100 Emergency Services
318 Motivational Treatment Services
390 Consumer Monitoring Services
720 Assessment and Evaluation
Services
620 Early Intervention Services
730 Consumer-Run Services
Total Costs
AP-4
32.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit B: Continuous Quality Improvement Process
Introduction: Meaningful performance expectations are part of a continuous quality improvement
(COI) process being developed and supported by the Department and the Board that will monitor
the Board's progress in achieving those expectations to improve the quality, accessibility, and
responsiveness of services locally and to provide a platform for system wide improvement efforts.
Generally, performance expectations reflect established requirements based in statute, regulation,
or policy. Performance goals are developmental; once baseline measures are established and
implemented, they will become expectations. The initial performance expectations and goals focus
on the areas of the public mental health, mental retardation, and substance abuse services system
that have the primary interactions with individuals who are at risk of involvement in the civil
admissions process established in Chapter 8 of Title 37.2 of the Code of Virginia, are directly
involved in that process, are receiving case management services from the Board, or require
service linkages between state facility or local inpatient services and other community services.
This emphasis is consistent with the Department's and the Board's interest in assuring that
consumers receive the services and supports necessary to link them with the most appropriate
resources needed to support their recovery, empowerment, and self-determination. The capacity
to measure progress in achieving performance expectations and goals, provide feedback, and plan
and implement COI strategies shall exist at local, regional, and state levels.
Implementing the COI process will be a multi-year, iterative, and collaborative effort to assess and
enhance individual Board and system wide performance over time. In this process, Boards and
the Department evaluate current operations, determine relevant COI performance expectations
and goals, and establish benchmarks for goals, determined by baseline performance, to convert
those goals to expectations. Then, each Board assesses and reports to the Department on its
progress toward achieving these expectations and goals and develops and implements a COI plan
to meet them. As benchmarks are attained and expectations and goals are achieved, Boards and
the Department review and revise the performance expectations, goals, and benchmarks or
establish new ones. Because this COI process focuses on improving services and to strengthen
the engagement of Boards in this process and preserve essential services for consumers, funding
will not be based on or associated with Board performance in achieving these expectations and
goals. The Department and the Board may negotiate individual Board performance measures in
Exhibit D reflecting actions or requirements to meet expectations and goals in the Board's COI
plan. As this joint COI process evolves and expands, the Department and the VACSB will utilize
data and reports submitted by Boards to conduct a broader scale evaluation of service system
performance and to identify opportunities for COI activities across all program areas.
I. CQI Performance Expectations and Goals for Emergency Services and Mental Health and
Substance Abuse Case Management Services
A. General Performance Goals
1. For consumers currently receiving services, the Board shall have a protocol in effect 24
hours per day, seven days per week (a) for service providers to alert emergency services
staff about consumers deemed to be at risk of needing an emergency intervention, (b) for
service providers to provide essential clinical information, which should include advance
directives, wellness recovery action plans, or safety and support plans to the extent they
are available, that would assist in facilitating the disposition of the emergency intervention,
and (c) for emergency services staff to inform the case manager of the disposition of the
emergency intervention.
2. For individuals hospitalized through the civil involuntary admission process in a state
hospital, a private psychiatric hospital, or a psychiatric unit in a public or private hospital,
the Board that will provide services upon the consumer's discharge shall have in place a
protocol to engage those individuals in appropriate Board services and supports upon
33.
05-06-2008
FY 2009 Community Services Performance Contract
their return to the community. The Board shall monitor and strive to increase the rate at
which these consumers keep scheduled face-to-face (non-emergency) service visits
within seven days after discharge from the hospital or unit.
B. Emergency Services Performance Expectations
1. Every preadmission screening evaluator hired after July 1, 2008 shall meet the
educational qualifications endorsed in October 2007 by the Department and the Virginia
Association of Community Services Boards.
2. Every preadmission screening evaluator shall complete the certification program
approved by the Department, and documentation of satisfactory completion shall be
accessible for review.
3. Pursuant to subsection B of S 37.2-815 of the Code of Virginia, a preadmission screening
evaluator or, through a mutual arrangement, an evaluator from another Board shall attend
each commitment hearing held in the Board's service area or for a Board's consumer
outside of its service area in person, or, if that is not possible, the preadmission screening
evaluator shall participate in the hearing through two-way electronic video and audio or
telephonic communication systems, as authorized by subsection B of S 37.2-804.1 of the
Code of Virginia, for the purposes of presenting preadmission screening reports and
recommended treatment plans and facilitating least restrictive dispositions.
4. In preparing preadmission screening reports, the preadmission screening evaluator shall
consider all available relevant clinical information, including a review of clinical records,
wellness recovery action plans, advance directives, and information or recommendations
provided by other current service providers or appropriate significant persons (e.g., family
members or partners). Reports shall reference the relevant clinical information used by
the preadmission screening evaluator.
5. If the emergency services intervention occurs in a hospital or clinic setting, the
preadmission screening evaluator shall inform the charge nurse or requesting medical
doctor of the disposition, including leaving a written clinical note describing the
assessment and recommended disposition or a copy of the preadmission screening form
containing this information.
C. Emergency Services Performance Goals
1. Telephone access to individuals employed or contracted by the Board to provide
emergency services shall be available 24 hours per day, seven days per week. Initial
responders shall triage calls and, for callers with emergency needs, shall be able to link
the caller with a preadmission screening evaluator within 15 minutes.
2. When an immediate face-to-face intervention by a certified preadmission screening
evaluator is appropriate to determine the possible need for involuntary hospitalization, the
intervention shall be completed by a certified preadmission screening evaluator who shall
be available within one hour of initial contact for urban Boards and within two hours for
rural Boards. Urban and rural Boards are defined and listed in the current Overview of,
Community Services in Virginia, available on the Department's web site.
D. Mental Health and Substance Abuse Case Management Services Performance
Expectations
1. Case managers employed or contracted by the Board shall meet the knowledge, skills,
and abilities qualifications in the Case Management Licensing Regulations, 12 V AC 35-
105-1250.
34.
05-06-2008
FY 2009 Community Services Performance Contract
2. Consumers of case management services shall be offered a choice of case managers to
the extent possible, and this shall be documented by a procedure to address requests for
changing a case manager.
3. Reviews of the individualized services plan (ISP), including necessary assessment
updates, shall be conducted face-to-face with the consumer every 90 days and shall
include significant changes in the consumer's status, engagement, participation in
recovery planning, and preferences for services; and the ISP shall be revised accordingly
to include a consumer-directed wellness plan that addresses crisis self-management
strategies and implements advance directives, as desired by the consumer. For those
consumers who express a choice to discontinue case management services because of
their dissatisfaction with care, the provider must review the ISP to consider reasonable
solutions to address the consumer's concerns.
4. The Board shall have policies and procedures in effect to ensure that, during normal
business hours, case management services shall be available to respond in person,
electronically, or by telephone to preadmission screening evaluators of consumers with
open cases at the Board to provide relevant clinical information in order to help facilitate
appropriate dispositions related to the civil involuntary admissions process established in
Chapter 8 of Title 37.2 of the Code of Virginia.
E. Mental Health and Substance Abuse Case Management Services Performance Goals
1. For an individual who has been discharged from a state hospital, a private psychiatric
hospital, or a psychiatric unit in a public or private hospital or released from a commitment
hearing and has been referred to the Board and determined by the Board to be
appropriate for case management services, a preliminary assessment shall be initiated at
first contact and completed, preferably within 14 but in no case more than 30 calendar
days of referral, and an individualized services plan (ISP) shall be initiated within 24 hours
of the consumer's admission to a program area for case management services and
updated when required by the Department's licensing regulations. A copy of an advance
directive, a wellness recovery action plan, or a similar expression of a consumer's
treatment preferences, if available, shall be included in the clinical record.
2. For consumers for whom case management services will be discontinued due to failure to
keep scheduled appointments, outreach attempts, including home visits, telephone calls,
letters, and contacts with others as appropriate, to reengage the consumer shall be
documented. The Board shall have a procedure in place to routinely review the rate of
and reasons for refused or discontinued case management services and shall take
appropriate actions when possible to reduce that rate and address those reasons.
II. Data Quality Performance Expectations and Goals
A. Data Quality Performance Expectations
1. The Board shall submit complete Community Consumer Submission (CCS) consumer,
type of care, and services file extracts to the Department in accordance with the schedule
in Exhibit E of this contract, a submission for each month by the end of the following
month.
B. Data Quality Performance Goals
1. If the Board experiences a fatal error rate of more than five percent of its CCS consumer
records in more than one monthly submission, the Board shall develop and implement a
data quality improvement plan to achieve the goal of no more than five percent of its CCS
consumer records containing fatal errors within a timeframe negotiated with the
Department.
35.
05-06-2008
FY 2009 Community Services Performance Contract
2. The Board shall ensure that all required CCS data is collected and entered into its
information system when a case is opened or a consumer is admitted to a program area,
updated at least annually when a consumer remains in service that long, and updated
when a consumer is discharged from a program area or his case is closed. The Board
shall identify situations where data is missing or incomplete and implement a data quality
improvement plan to increase the completeness, accuracy, and quality of CCS data that it
collects and reports.
III. Continuous Quality Improvement Process Affirmations
Pursuant to Section 7: Accountability in the Community Services Performance Contract Central
Office, State Facility, and Community Services Board Partnership Agreement, the Board
provides the following affirmations of its compliance with the listed Emergency Services, Case
Management, and Data Quality Performance Expectations and Goals. If a particular affirmation
cannot be initialed by the Executive Director, the Board shall attach an explanation to this
exhibit with a plan for complying with the expectation or goal, including specific actions and
target dates. The Department will review this plan and negotiate any changes with the Board,
whereupon, the plan will become part of this exhibit.
Expectation or Goal Affirmation
1.A.1. For consumers currently receiving services, the Board has a protocol in effect 24 hours
per day, seven days per week (a) for service providers to alert emergency services staff
about consumers deemed to be at risk of needing an emergency intervention, (b) for
service providers to provide essential clinical information, which should include advance
directives, wellness recovery action plans, or safety and support plans to the extent they
are available, that would assist in facilitating the disposition of the emergency
intervention, and (c) for emergency services staff to inform the case manager of the
disposition of the emergency intervention. The Board will provide a copy this protocol to
the Department upon request.
Initials of the Executive Director
During its inspections, the Department's Licensing Office will examine this protocol to
verify this affirmation as it reviews the Board's policies and procedures.
I.A.2. For individuals hospitalized through the civil involuntary admission process in a state
hospital, a private psychiatric hospital, or a psychiatric unit in a public or private hospital
for whom the Board will provide services upon the consumer's discharge, the Board has
in place a protocol to engage those individuals in appropriate Board services and
supports upon their return to the community. The Board will provide this protocol to the
Department upon request.
Initials of the Executive Director
During its inspections, the Department's Licensing Office will examine this protocol to
verify this affirmation as it reviews the Board's policies and procedures.
I.B.1. Every preadmission screening evaluator hired after July 1, 2008 meets the educational
qualifications endorsed in October, 2007 by the Department and the Virginia Association
of Community Services Boards.
Initials of the Executive Director
During its inspections, the Department's Licensing Office will verify this affirmation as it
reviews personnel records.
36.
05-06-2008
FY 2009 Community Services Performance Contract
I.B.2. Every preadmission screening evaluator employed by the Board has completed the
certification program approved by the Department before periorming preadmission
screenings.
Initials of the Executive Director
During its inspections, the Department's Licensing Office will verify this affirmation as it
reviews personnel or training records or documentation.
I.B.4. In preparing preadmission screening reports, preadmission screening evaluators
consider available relevant clinical information, including a review of clinical records,
wellness recovery action plans, advance directives, and information or recommendations
provided by other current service providers or appropriate significant persons (e.g., family
members or partners). Reports reference the relevant clinical information used by the
preadmission screening evaluator.
Initials of the Executive Director
During its inspections, the Department's Licensing Office will verify this affirmation as it
reviews consumer services records, including records selected from a sample identified
by the Board for consumers who received preadmission screening evaluations.
I.B.5. If the emergency services intervention occurs in a hospital or clinic setting, the Board's
preadmission screening evaluator informs the charge nurse or requesting medical doctor
of the disposition, including leaving a written clinical note describing the assessment and
recommended disposition or a copy of the preadmission screening form containing this
information, and this action is documented in the consumer's service record at the Board
with a progress note or with a notation on the preadmission screening form that is
included in the consumer's service record.
Initials of the Executive Director
During its inspections, the Department's Licensing Office will verify this affirmation as it
reviews consumer services records, including records selected from a sample identified
by the Board for consumers who received preadmission screening evaluations, for a
progress note or a copy of the preadmission screening form.
1.0.1. Case managers employed or contracted by the Board meet the knowledge, skills, and
abilities qualifications in the Case Management Licensing Regulations.
Initials of the Executive Director
During its inspections, the Department's Licensing Office will verify this affirmation as it
reviews personnel records.
1.0.2. Consumers of case management services are offered a choice of case managers to the
extent possible, and this is documented by a procedure to address requests for changing
a case manager. The Board will provide a copy this procedure to the Department upon
request.
Initials of the Executive Director
During its inspections, the Department's Licensing Office will verify this affirmation as it
reviews consumer services records and by examining the procedure.
37.
05-06-2008
FY 2009 Community Services Performance Contract
I.D.3. Reviews of the ISP, including necessary assessment updates, are conducted face-to-
face with the consumer every 90 days and include significant changes in the consumer's
status, engagement, participation in recovery planning, and preferences for services; and
the indi,vidualized services plan (ISP) shall be revised accordingly to include a consumer-
directed wellness plan that addresses crisis self-management strategies and implements
advance directives, as desired by the consumer. For those consumers who express a
choice to discontinue case management services because of their dissatisfaction with
care, the provider reviews the ISP to consider reasonable solutions to address the
consumer's concerns.
Initials of the Executive Director
During its inspections, the Department's Licensing Office will verify this affirmation as it
reviews consumer services records, including records from a sample identified by the
Board for consumers who discontinued case management services.
I.D.4. The Board has policies and procedures in effect so that, during normal business hours,
case management services are available to respond in person, electronically, or by
telephone to preadmission screening evaluators of consumers with open cases at the
Board to provide relevant clinical information in order to help facilitate appropriate
dispositions related to the civil involuntary admissions process established in Chapter 8
of Title 37.2 of the Code of Virginia.
Initials of the Executive Director
During its inspections, the Department's Licensing Office will verify this affirmation as it
examines the Board's policies and procedures.
1.E.1. a. For an individual who has been discharged from a state hospital, a private psychiatric
hospital, or a psychiatric unit in a public or private hospital or released from a
commitment hearing and has been referred to the Board and determined by the
Board to be appropriate for case management services, an individualized services
plan (ISP) is initiated within 24 hours of the consumer's admission to a program area
for case management services and updated when required by the Department's
licensing regulations.
b. A copy of an advance directive, a wellness recovery action plan, or a similar
expression of a consumer's treatment preferences, if available, is included in the
consumer's clinical record.
Initials of the Executive Director
During its inspections, the Department's Licensing Office will verify these affirmations as
it reviews consumer service records.
1.E.2. For consumers for whom case management services will be discontinued due to failure
to keep scheduled appointments, outreach attempts, including home visits, telephone
calls, letters, and contacts with others as appropriate, to reengage the consumer are
documented. The Board has a procedure in place to routinely review the rate of and
reasons for refused or discontinued case management services and shall take
appropriate actions when possible to reduce that rate and address those reasons. The
Board will provide a copy of this procedure to the Department upon request.
Initials of the Executive Director
38.
05-06-2008
FY 2009 Community Services Performance Contract
During its inspections, the Department's Licensing Office will examine this procedure to
verify this affirmation.
IV. Continuous Quality Improvement Process Measures
The Board agrees to monitor and collect data and report on the following measures or to use data
from the Department or other sources to monitor its accomplishment of the performance
expectations and goals in this exhibit.
Expectation or Goal
Measure
I.A.2. The Board agrees to monitor and report quarterly to the Department on the percentage of
individuals hospitalized through the civil involuntary admission process in a state hospital, a
private psychiatric hospital, or a psychiatric unit in a public or private hospital and
discharged to the Board who keep scheduled face-to-face (non-emergency) service visits
within seven days after discharge from the hospital or unit. The Department agrees to
monitor this measure through comparing AVATAR data on consumers discharged from
state hospitals to the Board with CCS data about their admission to the mental health
program area and dates of service after discharge from the hospital or unit.
I.B.3. The Board agrees to conduct periodic surveys for one month in each quarter to gather the
following information about the attendance of its preadmission screening evaluators at
commitment hearings in person or via two-way electronic video and audio or telephonic
communication systems (tracked and reported separately) and to report the results to the
Department quarterly:
a. the number of commitment hearings attended in the Board's service area,
b. the number of commitment hearings attended outside of the Board's service area for
Board consumers, and
c. the number of commitment hearings attended outside of the Board's service area on
behalf of other Boards.
The Board and the Department also will use information provided by the Office of the
Executive Secretary of the Supreme Court about the total numbers of commitment hearings
held each month by courts in the Board's service area to monitor this goal.
I.C.1. The Board agrees to conduct a two week test of its emergency services each quarter to
monitor the availability of emergency services 24 hours per day and seven days per week
and the access of consumers with emergency needs to a prescreening evaluator within 15
minutes of their initial calls. The test will consist of calls made to its emergency services at
various times of the day and night during the work week and on weekends, distributed so
that calls are balanced between regular business hours and after-hours periods. The Board
agrees to maintain documentation of these tests, including information about circumstances
in which this goal is not met, locally for three years and to report a summary and analysis of
the results semi-annually to the Department.
I.C.2. The Board agrees to collect, as part of its two week tests of its emergency services each
quarter, the time within which the preadmission screening evaluator is available from the
initial contact for consumers identified with emergency needs and to monitor achievement of
the goal that the evaluator be available within one hour of initial contact if the Board is an
urban board or within two hours if the Board is a rural board. The Board agrees to maintain
documentation of these tests, including information about circumstances in which this goal
is not met, locally for three years and to report a summary and analysis of the information
semi-annually to the Department as part of its report on the preceding measure.
39. 05-06-2008
FY 2009 Community Services Performance Contract
I.E.1. The Board agrees to monitor and report semi-annually to the Department on the percentage
of consumers who have been discharged from a state hospital, a private psychiatric
hospital, or a psychiatric unit in a public or private hospital or released from a commitment
hearing and referred to the Board and determined by the Board to be appropriate for case
management services for whom a preliminary assessment is initiated at first contact and
completed, preferably within 14 but in no case more than 30 calendar days of referral.
1.E.2. The Board agrees to conduct a survey for one month in each quarter or to regularly track
data to report the rate of refused or discontinued case management services (number of
consumers refusing or discontinuing the service divided by the total number of consumers
receiving case management services during the reporting period) and reasons for refused
or discontinued case management services and to identify the actions taken to reduce that
rate and address those reasons. The Board agrees to maintain documentation of this
information locally for three years and to report a summary and analysis of the information
semi-annually to the Department.
11.A.1. The Board agrees to submit 100 percent of its monthly CCS consumer, type of care, and
services file extracts submitted to the Department in accordance with the schedule in Exhibit
E of this contract, a submission for each month by the end of the month following the month
for which the extracts are due. The Department will monitor this measure quarterly and
negotiate an Exhibit D with the Board if it fails to meet this goal for more than two months in
a quarter.
II.B.1. The Board agrees to monitor the total number of consumer records rejected due to fatal
errors divided by the total consumer records in the Board's monthly CCS consumer extract
file. If the Board experiences a fatal error rate of more than five percent of its CCS
consumer records in more than one monthly submission, the Board agrees to develop and
implement a data quality improvement plan to achieve the goal of no more than five percent
of its CCS consumer records containing fatal errors within a timeframe negotiated with the
Department.
II.B.2. a. The Board agrees to monitor the total number of consumers without service records
submitted showing receipt of any substance abuse service within the prior 90 days
divided by the total number of consumers with a TypeOfCare record showing a substance
abuse discharge those 90 days. If more than 10 percent of its consumers have not
received any substance abuse service within the prior 90 days and have not been
discharged from the substance abuse program area, the Board agrees to develop and
implement a data quality improvement plan to reduce that percentage.
II.B.2. b. The Board agrees to monitor the total number of consumers with a TypeOfCare record
showing a discharge (with a TypeOfCare Through Date in the record) from the mental
health or substance abuse program area during the previous quarter without an
appropriate completed discharge status divided by the total number of consumers with a
TypeOfCare record showing a discharge from the mental health or substance abuse
program area during the previous quarter. If more than 10 percent of its consumers are
discharged during a quarter without an appropriate completed discharge status, the
Board agrees to develop and implement a data quality improvement plan to reduce this
percentage.
40.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit B: Continuous Quality Improvement Process
Signature: In witness thereof, the Board provides the affirmations initialed by the Executive
Director in section III. of this Exhibit and agrees to monitor and collect data and report on the
measures in section IV of this Exhibit or to use data from the Department or other sources to
monitor the accomplishment of the performance expectations and goals in this Exhibit, as denoted
by the signature of the Board's Executive Director.
By:
Board
Name:
Title:
Executive Director
Date:
41.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit C: Statewide Consumer Outcome and Board Performance Measures
Measure Access for Pregnant Women Continuity of Care
Program Area Substance Abuse Services Only Mental Health Services Only
Source of SAPT Block Grant CQI Performance Measure 1
Requirement
Type of Aggregate Individual
Measure
Data Needed Number of Pregnant Women Face-to-Face Status
For Measure Requesting Service
Number of Pregnant Women Date of First Face-to-Face
Receiving Services Within Outpatient Visit
48 Hours
Reporti ng Annually Quarterly
Frequency
Reporting Performance Contract Reports Ad Hoc Report
Mechanism
Other Board Provider Performance and Consumer Outcome measures will be collected through
the current CCS, which CSBs submit to provide TEDS data and to satisfy federal Mental Health
and SAPT Block Grant requirements. These measures include changes in employment status and
type of residence, number of arrests, and type and frequency of alcohol or other drug use.
1 Percentage of discharges from state psychiatric hospitals that were followed by at least one
scheduled face-to-face (non-emergency) outpatient visit within 7 days.
The Board also agrees to participate in the conduct of the following surveys:
1. Annual Consumer Survey of MH and SA Outpatient Consumers,
2. Annual Youth Services Survey for Families (i.e., Child MH survey), and
3. MR Family Survey (done at the time of the consumer's annual planning meeting).
As part of its continuous quality improvement process and in accordance with Section 5,
Advancing the Vision, of the Partnership Agreement and recommendations in the Services System
Transformation Initiative Data/Outcomes Measures Workgroup Report (September 1,2006), the
Board shall develop and implement a plan by June 30, 2009 to assess and increase its recovery
orientation over time, initially for adults with serious mental illnesses. This plan shall include use of
a standardized instrument selected from a menu of instruments identified by the Department and
the Virginia Association of Community Services Board in the Report, such as the ROSI, to assess
the Board's recovery orientation periodically. In developing and implementing this plan, the Board
shall involve consumers, for instance by training and hiring consumers to administer the Recovery
Oriented Systems Indicators (ROSI) or other standardized instrument and to compile and analyze
the results. Once it selects and implements an instrument, the Board shall share the results of its
use with the Department.
42.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit D: Individual Board Performance Measures
Signatures: In witness thereof, the Department and the Board have caused this performance
contract amendment to be executed by the following duly authorized officials.
Virginia Department of Mental Health,
Mental Retardation and Substance
Abuse Services
Board
By:
By:
Name: James S. Reinhard, M.D.
Title: Commissioner
Name:
Title:
Chairman of the Board
Date:
Date:
By:
Name:
Title:
Executive Director
Date:
43.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit E: Performance Contract Process and Contract Revision Instructions
05-02-08: The Department distributes the FY 2009 Performance Contract to Boards electronically
on May 2.
05-09-08: The Department distributes the FY 2009 Letters of Notification to Boards on May 9, with
enclosures that show tentative allocations of state and federal block grant funds.
Another enclosure may list performance measures that have been negotiated with a
Board to be included in Exhibit D of the contract. The Office of Information Technology
Services (OITS) completes distribution of the FY 2009 Community Services
Performance Contract package software (CARS-ACCESS) to CSBs by May 9.
Department staff completes training Boards on the software by May 23.
06-20-08: Exhibit A and other parts of the FY 2009 Community Services Performance Contract,
submitted electronically in CARS-ACCESS, are due in the OITS in time to be received
by June 20. Tables 1 and 2 of the Performance Contract Supplement (also in CARS-
ACCESS) must be submitted with the contract. While a paper copy of the complete
contract is not submitted, paper copies of the following completed pages with signatures
where required are due in the Office of Community Contracting (OCC) by June 20: the
signature page of the contract body; the Board's current organization chart (page 3 of
Exhibit H), Exhibit B, Exhibit D, if applicable, Exhibit F (two pages), page 1 of Exhibit G,
Exhibit K (if applicable), and the signature page of the Partnership Agreement (page 10).
Page 2 of Exhibit G must be submitted as soon as possible and no later than
September 30.
Contracts must conform to Letter of Notification allocations of state and federal funds, or
amounts subsequently revised by or negotiated with the OCC and confirmed in writing,
and must contain actual appropriated amounts of local matching funds. If the Board
cannot include the minimum 10 percent local matching funds in the contract, it must
submit a written request for a waiver of the matching funds requirement, pursuant to
9 37.2-509 of the Code of Virginia and State Board Policy 4010, to the OCC with its
contract. This requirement also applies to mid-year and end of the fiscal year
performance contract reports, submitted after the ends of the 2nd and 4th quarters, and
contract revisions, if either report or the contract revision reflects less than the minimum
10 percent local matching funds.
06-30-08: Program Accountants in the Department's Office of Grants Management (OGM) prepare
Electronic Data Interchange (EDI) transfers for the first two semi-monthly payments
(both July payments) of state and federal funds for all Boards and send the requests to
the Department of Accounts, starting with the transmission on June 30.
07-14-08: Program Accountants receive authorizations to prepare EDI transfers for payments 3
through 6 (both August and September) of state and federal funds for Boards whose
contracts were received and determined to be complete by July 14 and, after OCC
Administrators authorize their release, prepare and send the transfers to the Department
of Accounts, starting with the transmission on August 1. Payments will not be released
without complete contracts, as defined in item 1 of Exhibit I. For a Board whose contract
is received after July 14, EDI transfers for these four semi-monthly payments will be
processed within two weeks of receipt of the contract, if the contract is complete.
07-22-08: Department staff complete reviews by July 22 of FY 2009 contracts received by June 20
that are complete and acceptable. Contracts received after June 20 will be processed in
the order in which they are received.
1. The Office of Grants Management (OGM) analyzes the revenue information in the
contract for conformity to Letter of Notification allocations and makes corrections and
changes on the financial forms in Exhibit A of the contract.
44.
05-06-2008
FY 2009 Community Services Performance Contract
2. The Offices of Mental Health, Child and Family, Mental Retardation, and
Substance Abuse Services review and approve new service proposals and
consider program issues related to existing services, based on Exhibit A.
3. The Office of Community Contracting (OCC) assesses contract completeness,
examines maintenance of local matching funds, analyzes existing service levels for
numbers of consumers served, integrates new service information, makes corrections
and changes on the service forms in Exhibit A, negotiates changes in Exhibit A, and
finalizes the contract for signature by the Commissioner. The OCC Administrator
notifies the Board when its contract is not complete or has not been approved and
advises the Board to revise and resubmit its contract.
4. The Office of Information Technology Services (OITS) receives CARS-ACCESS
and Community Consumer Submission (CCS) submissions from the Boards,
maintains the community database, and processes signed contracts into that
database as they are received from the OCC.
07-31-08: Boards submit their final FY 2008 CCS consumer, type of care, and service extract files
for June to the OITS in time to be received by July 31. Boards submit their final FY
2008 quarterly System Transformation Initiative (STI) reports in time to be received in
the OCC by July 31.
08-22-08: The OITS distributes the FY 2008 end of the fiscal year performance contract report
software (CARS-ACCESS) by August 22.
08-27-08: Boards submit their complete CCS reports for total (annual) FY 2008 CCS service unit
data to the OITS in time to be received by August 27. This later date for final FY 2008
CCS service unit data, as opposed to July 31, 2008, allows for the inclusion of all units of
services delivered in FY 2008, which might not be in local information systems in July.
Since all services provided by Boards directly and contractually should be in their local
information systems, service unit information in final CCS FY 2008 submissions should
match service unit information in FY 2008 CARS performance contract reports. Any
corrections of service information needed as a result of Departmental review of the
August 27 submissions must be completed by October 1.
09-15-08: Program Accountants receive authorization to prepare EDI transfers for payments 7 and
8 (October) and, after OCC Administrators authorize their release, prepare and send the
transfers to the Department of Accounts, for transmission starting on September 30 for
payment 7 for Boards with signed contracts and that submitted their final FY 2008 CCS
consumer, type of care, and service extract files and their final FY 2008 quarterly STI
reports by July 31. Payments 7 and 8 will not be released without a contract signed by
the Commissioner and receipt of those CCS extract files and final STI reports.
After the Commissioner signs it, the OCC sends a copy of the approved contract Exhibit
A to the Board, with the signature page containing only the Commissioner's signature.
The Board must review this contract, which reflects all of the changes negotiated by
Department staff (see 7-22-08); complete the signature page, which documents its
acceptance of these changes; and return the completed signature page to the OCC.
10-01-08: Boards send complete FY 2008 end of the fiscal year performance contract reports that
include Uniform Cost Report information electronically in CARS-ACCESS to the OITS in
time to be received by October 1. Reports must be accompanied by the Executive
Director's certification that the software error check was performed, the report contains
no errors identified by the error checking software, and the data submitted in the reports
is accurate.
Boards must insure that substance abuse prevention units of service data in their CARS-
ACCESS end of the fiscal year reports are identical to the units of service data that they
submitted through the KIT Prevention System.
45. 05-06-2008
FY 2009 Community Services Performance Contract
OITS staff places the reports in a temporary data base for OCC and OGM staff to
access them and print paper copies of the reports. OCC Administrators review services
sections of reports for correctness, completeness, consistency, and acceptability;
resolve discrepancies with Boards; communicate necessary changes to Boards; and
make the changes on the paper copies of the reports. Program Accountants review the
financial portions of reports for arithmetic accuracy, completeness, consistency, and
conformity with state funding actions; resolve discrepancies with Boards; communicate
necessary changes to Boards; and make the changes on the paper copies of reports.
Once OCC and OGM staffs complete their reviews and corrections of a Board's reports,
the OCC administrator notifies the Board to submit new reports, reflecting only those
approved changes, to OITS. Upon receipt, the process described above is repeated to
ensure that the new reports contain only those changes identified by OGM and OCC
staff. If the reviews document this, OCC and OGM staffs approve the reports. OITS
staff then processes final report data into the Department's community database.
Late report submission, if an extension of the October 1 due date has not been obtained
through the process in Exhibit I of this contract, or submitting a report without correcting
errors identified by the CARS-ACCESS error checking program will result in a letter from
the Commissioner to the Board Chairman and local government officials. See Exhibit I
for additional information.
Boards submit their first CCS consumer, type of care, and service extract files for the
first two months of FY 2009 to the OITS in time to be received by October 1.
Boards submit their annual local inpatient purchase of services surveys for FY 2008 to
the OCC in time to be received by October 1.
10-13-08: Program Accountants receive authorization to prepare EDI transfers for payments 9
(November), and, after OCC Administrators authorize their release, prepare and send
these transfers to the Department of Accounts, beginning with the transmission on
October 31 for Boards whose complete FY 2008 end of the fiscal year performance
contract reports were received by October 1. Payments will not be released without (1)
complete reports, as defined in item 2.a. of Exhibit I of this contract, (2) complete CCS
submissions (see 07-31-08 and 08-27-08) for FY 2008 and for the first two months of FY
2009, and (3) the completed signature page received from the Board (see 9-15-08).
10-31-08: If necessary, Boards submit new FY 2008 end of the fiscal year performance contract
reports not later than October 31 that correct errors or inaccuracies. The Department
will not accept CARS-ACCESS report revisions after October 31. Boards submit CCS
FY 2009 monthly consumer, type of care, and service extract files for September to the
OITS in time to be received by October 31.
Boards submit their System Transformation Initiative (STI) Quarterly Status Reports for
the first quarter of FY 2009 to the OCC in time to be received by October 31.
11-13-08: Program Accountants receive authorization to prepare EDI transfers for payments 11
and 12 (December), and, after OCC Administrators authorize their release, prepare and
send these transfers to the Department of Accounts, beginning with the transmission on
November 28 for Boards that submitted their FY 2009 first quarter STI reports by
October 31 .
11-28-08: Boards submit their CCS FY 2009 monthly consumer, type of care, and service extract
files for October to the OITS in time to be received by November 28.
12-01-08: Boards that are not local government departments or included in local government
audits send one copy of the audit report for the preceding fiscal year on all board-
operated programs to the Department's Office of Budget and Financial Reporting. While
the Code requires reports within 90 calendar days after the end of the fiscal year, the
46.
05-06-2008
FY 2009 Community Services Performance Contract
Auditor of Public Accounts will not penalize late submissions up to December 1. A
management letter and plan of correction for deficiencies must be sent with this report.
Boards submit a copy of C.P.A. audit reports for all contract programs for their last full
fiscal year, ending on June 30, to the Office of Budget and Financial Reporting by
December 1. For programs with different fiscal years, reports are due five months after
the end of the year. Management letters and plans of correction for deficiencies must be
included with these reports.
Audit reports for Boards that are local government departments or are included in local
government audits are submitted to the Auditor of Public Accounts by the local
government. Under a separate cover, the Board must forward a plan of correction for
any audit deficiencies that are related to or affect the Board to the Office of Budget and
Financial Reporting by December 1.
If the Board receives an audit identifying material deficiencies or containing a disclaimer
or prepares the plan of correction referenced in the preceding paragraph, the Board and
the Department shall negotiate an Exhibit D that addresses the deficiencies or disclaimer
and includes a proposed plan with specific timeframes to address them, and this Exhibit
D and the proposed plan shall become part of this contract.
12-15-08: Program Accountants receive authorization to prepare EDI transfers for payment 13 (first
January), and, after OCC Administrators authorize their release, prepare and send these
transfers to the Department of Accounts, beginning with the transmission on January 2
for Boards whose FY 2008 end of the fiscal year performance contract reports have
been verified as accurate and internally consistent, per items 2.b. through d. of Exhibit I,
whose CCS submissions for FY 2008 are complete, and whose CCS monthly extracts
for September and October have been received. Payments will not be released without
verified reports, complete CCS submissions for FY 2008, and CCS submissions for
September and October.
12-31-08: Boards submit their CCS FY 2009 monthly consumer, type of care, and service extract
files for November to the OITS in time to be received by December 31.
01-02-09: The Department distributes the exposure draft of the FY 2010 performance contract for
a 60-day public comment period pursuant to 9 37.2-508 of the Code of Virginia.
Program Accountants receive authorization to prepare EDI transfers for payments 14
through 16 (second January, February), and, after OCC Administrators authorize their
release, prepare and send these transfers to the Department of Accounts, beginning
with the transmission on January 16 for Boards that submitted their FY 2008 C.P.A.
audit, or plan of correction if the Board is a local government department or is included in
a local government audit submitted to the Auditor of Public Accounts by the local
government (see 12-01-08), to the Department's Office of Budget and Financial
Reporting by December 1. Payments will not be released without receipt of the audit
report or plan of correction.
01-09-09: The OITS distributes FY 2009 mid-year performance contract report software by
January 9.
01-30-09: Boards submit their System Transformation Initiative (STI) Quarterly Status Reports for
the second quarter of FY 2009 to the OCC in time to be received by January 30. Boards
submit their CCS FY 2009 monthly consumer, type of care, and service extract files for
December to the OITS in time to be received by January 30.
02-16-09: Boards send complete mid-year performance contract reports to the OITS electronically
in CARS-ACCESS within 45 calendar days after the end of the second quarter, in time to
be received by February 16. OITS staff places the reports on a shared drive for OCC
and OGM staff to access them. The offices review and act on the reports using the
47.
05-06-2008
FY 2009 Community Services Performance Contract
process described at 10-01-08. When reports are acceptable, OITS staff processes the
data into the Department's community data base.
Program Accountants receive authorization to prepare EDI transfers for payment 17 (first
March), and, after OCC Administrators authorize their release, prepare and send these
transfers to the Department of Accounts, beginning with the transmission on February
27 for Boards that submitted their FY 2009 second quarter STI reports by January 30.
02-27-09: Program Accountants receive authorization to prepare EDI transfers for payments 18
and 19 (2nd March, 1 st April) and, after OCC Administrators authorize their release,
prepare and send these transfers to the Department of Accounts, starting with the
transmission on March 13 for Boards whose complete FY 2009 mid-year performance
contract reports were received by February 16 and whose monthly CCS consumer, type
of care, and service extract files for November and December were received by the end
of the month following the month of the extract. Payments_will not be released without
complete reports, as defined in item 2.a. of Exhibit I, and without these monthly CCS
submissions. Boards submit their CCS FY 2009 monthly consumer, type of care, and
service extract files for January to the OITS in time to be received by February 27.
03-31-09: Boards submit their CCS FY 2009 monthly consumer, type of care, and service extract
files for February to the OITS in time to be received by March 31.
04-03-09: Program Accountants receive authorization to prepare EDI transfers for payments 20
through 22 (2nd April, May) and, after OCC Administrators authorize their release,
prepare and send these transfers to the Department of Accounts, starting with the
transmission on April 17 for Boards whose FY 2009 mid-year performance contract
reports have been verified as accurate and internally consistent, per items 2.b. through
d. of Exhibit I and whose monthly CCS consumer, type of care, and service extract files
for January and February were received by the end of the month following the month of
the extract. Payments will not be released without verified reports and without these
monthly CCS submissions.
04-17-09: The Department distributes final revised FY 2009 Letters of Notification to Boards by
April 17, with enclosures reflecting any changes in allocations of state and federal block
grant funds since the original Letters of Notification (issued May 9, 2008) for Boards to
use in preparing their final FY 2009 contract revisions.
04-30-09: Boards submit their System Transformation Initiative (STI) Quarterly Status Reports for
the third quarter of FY 2009 to the OCC in time to be received by April 30. Boards
submit their CCS FY 2009 monthly consumer, type of care, and service extract files for
March to the OITS in time to be received by April 30.
05-01-09: The Department distributes the FY 2010 Community Services Performance Contract and
Letters of Notification to Boards on May 1, with enclosures that show the tentative
allocations of state and federal funds. The OITS completes distribution of the FY 2010
Community Services Performance Contract package software (CARS-ACCESS) to
CSBs by May 8.
The final revised FY 2009 Performance Contract Exhibit A, prepared in accordance with
instructions in this Exhibit, is due in the OITS by May 1. Final contract revisions must
conform to final revised Letter of Notification allocations, or amounts subsequently
revised by or negotiated with the Department and confirmed in writing, and must contain
actual amounts of local matching funds. Revised contracts are reviewed and acted on
using the process at 7-22-08. If the Board cannot include the minimum 10 percent local
matching funds in its revised contract, it must submit a written request for a waiver of the
matching funds requirement, pursuant to 9 37.2-509 of the Code of Virginia and State
Board Policy 4010, to the OCC with its revised contract.
48.
05-06-2008
FY 2009 Community Services Performance Contract
05-15-09: Program Accountants receive authorization to prepare EDI transfers for payment 23 (first
June), and, after OCC Administrators authorize their release, prepare and send these
transfers to the Department of Accounts, beginning with the transmission on May 29 for
Boards that submitted their FY 2009 third quarter STI reports by April 30.
05-29-09: Boards submit their CCS FY 2009 monthly consumer, type of care, and service extract
files for April to the OITS in time to be received by May 29.
06-01-09: Program Accountants receive authorization to prepare EDI transfers for payment 24
and, after OCC Administrators authorize their release, prepare and send these transfers
to the Department of Accounts for transmission on June 15, after the Department has
made any final adjustments in the Board's state and federal funds allocations, for Boards
whose monthly CCS consumer, type of care, and service extract files for March and April
were received by the end of the month following the month of the extract. Payments will
not be released without these monthly CCS submissions. .
06-19-09: The FY 2010 Community Services Performance Contract, submitted electronically in
CARS-ACCESS, is due in the OITS and the paper copies of the applicable parts of the
contract are due in the OCC by June 19.
06-30-09: Boards submit their CCS FY 2009 monthly consumer, type of care, and service extract
files for May to the OITS by June 30.
07-17-09: The OITS distributes FY 2009 end of the fiscal year performance contract report
software to Boards.
07-31-09: Boards submit their final CCS FY 2009 consumer, type of care, and service extract files
for June to the OITS in time to be received by July 31.
08-31-09: Boards submit their System Transformation Initiative (STI) Quarterly Status Reports for
the fourth quarter of FY 2009 to the OCC in time to be received by August 31.
Boards submit their complete Community Consumer Submission (CCS) reports for total
(annual) FY 2009 service units to the OITS in time to be received by August 31. This
later date for final FY 2009 CCS service unit data, as opposed to July 31,2009, allows
for the inclusion of all units of services delivered in FY 2009, which might not be in local
information systems in July. Since all services provided by Boards directly and
contractually should be in their local information systems, service unit information in final
CCS FY 2009 submissions should match service unit information in FY 2009 CARS
performance contract reports. Any corrections of service information needed as a result
of Departmental review of the August 31 submissions must be completed by October 1.
10-01-09: Boards send complete FY 2009 end of the fiscal year performance contract reports
electronically in CARS-ACCESS to the OITS in time to be received by October 1.
Boards submit their annual local inpatient purchase of services surveys for FY 2009 to
the OCC in time to be received by October 1.
49.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit E: Performance Contract Process and Contract Revision Instructions
The Board may revise Exhibit A of its signed performance contract only in the following
circumstances:
1. a new, previously unavailable category or subcategory of core services is implemented;
2. an existing category or subcategory of core services is totally eliminated;
3. a new program offering an existing category or subcategory of core services is implemented;
4. a program offering an existing category or subcategory of core services is eliminated;
5. new earmarked state general or federal funds are received to expand an existing service or
establish a new one;
6. state general or federal block grant funds are moved between program (MH, MR, SA) areas (an
exceptional situation);
7. allocations of state general, federal, or local funds change; or
8. a major error is discovered in the original contract.
Contract revisions should not be made to reflect minor deviations from the contract level in
numbers of consumers to be served within existing programs and services.
To avoid frequent submissions of revisions, these circumstances should be consolidated and
reflected in revisions that are periodically sent to the Department. A final revision must be
submitted before the end of the term of this contract, as specified in this Exhibit, so that any
discrepancies in state general or federal fund disbursements can be resolved and any other
changes can be reflected in the final revision.
Revisions of Exhibit A must be submitted using the CARS-ACCESS software and the same
procedures used for the original performance contract.
50.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit F: Federal Compliances
Certification Regarding Salary: Federal Mental Health and Substance Abuse
Prevention and Treatment Block Grants
Check One
1. The Board has no employees being paid totally with Federal Mental Health Block Grant
funds or Federal Substance Abuse Prevention and Treatment (SAPT) Block Grant funds
at a direct salary (not including fringe benefits and operating costs) in excess of
$191,300 per year.
2. The following employees are being paid totally with Federal Mental Health or SAPT
Block Grant funds at a direct salary (not including fringe benefits and operating costs) in
excess of $191,300 per year.
Name
Title
1.
2.
3.
4.
5.
6.
Assurances Regarding Equal Treatment for Faith-Based Organizations
The Board assures that it is and will continue to be in full compliance with the applicable provisions
of 45 CFR Part 54, Charitable Choice Regulations, and 45 CFR Part 87, Equal Treatment for Faith-
Based Organizations Regulations, in its receipt and use of federal Mental Health Services and
Substance Abuse Prevention and Treatment Block Grants and federal funds for Projects for
Assistance in Transitions from Homelessness programs. Both sets of regulations prohibit
discrimination against religious organizations, provide for the ability of religious organizations to
maintain their religious character, and prohibit religious organizations from using federal funds to
finance inherently religious activities.
51.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit F: Federal Compliances
Assurances Regarding Restrictions on the Use of Federal Block Grant Funds
The Board assures that it is and will continue to be in full compliance with the applicable provisions
of the federal Mental Health Services Block Grant (CFDA 93.958) and the federal Substance
Abuse Prevention and Treatment Block Grant (CFDA 93.959), including those contained in the
General Requirements Document and the following requirements. Under no circumstances shall
Federal Mental Health Services and Substance Abuse Prevention and Treatment Block Grant
funds be used to:
1. provide mental health or substance abuse inpatient services 1 ;
2. make cash payments to intended or actual recipients of services;
3. purchase or improve land, purchase, construct, or permanently improve (other than minor
remodeling) any building or other facility, or purchase major medical equipment; .
4. satisfy any requirement for the expenditure of non-federal finds as a condition for the receipt of
federal funds;
5. provide individuals with hypodermic needles or syringes so that such individuals may use illegal
drugs;
6. provide financial assistance to any entity other than a public or nonprofit private entity; or
7. provide treatment services in penal or correctional institutions of the state.
[Source: 45 CFR 9 96.135]
Signature of Executive Director
Date
However, the Board may expend SAPT Block Grant funds for inpatient hospital substance
abuse services only when all of the following conditions are met:
a. the individual cannot be effectively treated in a community-based, non-hospital residential
program;
b. the daily rate of payment provided to the hospital for providing services does not exceed the
comparable daily rate provided by a community-based, non-hospital residential program;
c. a physician determines that the following conditions have been met: (1) the physician
certifies that the person's primary diagnosis is substance abuse, (2) the person cannot be
treated safely in a community-based, non-hospital residential program, (3) the service can
reasonably be expected to improve the person's condition or level of functioning, and (4) the
hospital-based substance abuse program follows national standards of substance abuse
professional practice; and
d. the service is provided only to the extent that it is medically necessary (e.g., only for those
days that the person cannot be safely treated in a community-based residential program).
[Source: 45 CFR 9 96.135]
52.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit G: Local Government Approval of the Community Services Performance
Contract - Page 1
1. Name of the Board:
2. City or County designated as
the Board's Fiscal Agent:
3. Name of the Fiscal Agent's City Manager or County Administrator or Executive:
Name:
Title:
4. Name of the Fiscal Agent's County or City Treasurer or Director of Finance:
Name:
Title:
5. Name of the Fiscal Agent official to whom checks should be electronically transmitted:
Name:
Title:
Address:
Note: Subsection A.18 of 9 37.2-504 of the Code of Virginia authorizes an operating community
services board to receive state and federal funds directly from the Department and act as its own
fiscal agent when authorized to do so by the governing body of each city or county that established
it.
53.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit G: Local Government Approval of the Community Services Performance
Contract - Page 2
Date Contract Date and Type of
Submitted to
Name of City or County 1 Local Government 2 Approval 3
1. Enter the name of each city or county that established the Board in the left column.
2. Enter the date on which the Board submitted its contract to each local government.
3. Enter the date on which that city or county approved the Board's performance contract by
formal vote and the type of action taken (e.g., passage of an ordinance or resolution or a motion
and voice vote). The first page of Exhibit G must be submitted with the performance contract.
The second page must be submitted to the Office of Community Contracting in the Department
as soon as possible and no later than the last business day in September. By that date, if a
local government has not acted upon the Board's contract, enter No Action Taken in this
column.
54.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit H: Board Membership
Table 1: Board Membership Characteristics
Name of Board
Total Appointments: Vacancies: 1* Filled Appointments:
Number of Consumers and Family Members (Ref. 9 37.2-100 for Definitions)
Number of Consumers or Number of Family Members of I
Former Consumers Consumers or Former Consumers
9 37.2-501 and 9 37.2-602 of the Code of Virginia require appointments to the Board to
be broadly representative of the community. One-third of the appointments to the Board
shall be identified consumers or former consumers or family members of consumers or
former consumers, at least one of whom shall be a consumer receiving services.
Use Table 1 in the Performance Contract Supplement (CARS/ACCESS) to complete this table.
AP-5
55.
05-06-2008
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FY 2009 Community Services Performance Contract
Exhibit H: Board Organization Chart
Attach the Board's organization chart here.
57.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit I: Administrative Performance Standards
Standards
The Board shall meet these administrative performance standards in submitting its performance
contract, contract revisions, mid-year and end of fiscal year performance contract reports, and
monthly Community Consumer Submission (CCS) extracts to the Department.
1. The performance contract and any revisions submitted by the Board shall be:
a. complete, that is all required information is displayed in the correct places and all required
Exhibits and Forms, including applicable signature pages, are included;
b. consistent with Letter of Notification allocations or figures subsequently revised by or
negotiated with the Department;
c. prepared in accordance with instructions in the Department-provided CARS-ACCESS
software and any subsequent instructional memoranda; and
d. received by the due dates listed in Exhibit E of this contract.
If these performance contract standards are not met, the Department may delay future semi-
monthly payments until satisfactory performance is achieved.
2. The current contract term mid-year and the previous contract term end of fiscal year
performance contract reports submitted by the Board shall be:
a. complete, that is all required information is displayed in the correct places, all required data
are included in the electronic CARS-ACCESS application reports, and any required paper
forms that gather information not included in CARS-ACCESS are submitted;
b. consistent with the state general and federal block grant funds allocations in the most
recent Letter of Notification or figures subsequently revised by or negotiated with the
Department;
c. prepared in accordance with instructions;
d. (i) internally consistent and arithmetically accurate: all related expenses, revenues, and
service, cost, and consumer data are consistent, congruent, and correct within a report, and
(ii) submitted only after errors identified by the CARS-ACCESS error checking programs
are corrected; and
e. received by the due dates listed in Exhibit E of this contract, unless, pursuant to the process
on the next page, an extension of the due date for the end of the fiscal year report has been
obtained from the Department.
If these standards are not met for mid-year reports, the Department may delay future semi-
monthly payments until satisfactory performance is achieved. If the Board does not meet
these standards for its end of the fiscal year reports, the Department may delay future semi-
monthly payments until satisfactory performance is achieved, and the Commissioner may
contact the Board and local government officials about failure to comply with both aspects of
standard 2.d or to satisfy standard 2.e.
3. Monthly consumer, type of care, and service extract files must be submitted by the end of the
month following the month of the extract in accordance with the CCS Extract and Design
Specifications (including the current Business Rules). If the Board fails to meet the extract
submission requirements in Exhibit E of this contract, the Department may delay future semi-
monthly payments until satisfactory performance is achieved.
4. Substance abuse prevention units of service data in the Board's CARS-ACCESS end of fiscal
year report must be identical to the service unit data that the Board submitted to the
Department through the KIT Prevention System.
58. 05-06-2008
FY 2009 Community Services Performance Contract
Exhibit I: Administrative Performance Standards
Process for Obtaining an Extension of the End of the Fiscal Year Report Due Date
Extensions will be granted only in very exceptional situations, for example, unanticipated staff,
hardware, or software problems such as an ITS failure, a key staff person's illness or accident, or
an emergency that makes it impossible to meet the due date.
1. It is the responsibility of the Board to seek, negotiate, obtain, and confirm the Department's
approval of an extension of the due date within the time frames specified below.
2. As soon as the Board becomes aware that its end of the fiscal year report cannot be submitted
in time to be received in the Department by 5:00 p.m. on the first business day of October in
the current contract term, its executive director must inform the Office of Community
Contracting Director or its Community Contracting Administrator that it is requesting an
extension of this due date. This request should be submitted as soon as possible and it must
be in writing, describe completely the reason(s) and need for the extension, and state the date
on which the Department will receive the report.
3. The written request for an extension must be received in the Office of Community Contracting
no later than 5:00 p.m. on the fourth business day before the date in the second step. A
facsimile transmission of the request to the number used by the Office of Community
Contracting (804-371-0092), received by that time and date, is acceptable if receipt of the
transmission is confirmed with a return facsimile memo from the Office no later than 5:00 p.m.
on the third business day before the date in the second step. Telephone extension requests
are not acceptable and will not be processed.
4. The Office of Community Contracting will act on all requests for due date extensions that are
received in accordance with this process and will notify the requesting Boards by facsimile
transmission of the status of their requests by 5:00 p.m. on the second business day before
the date in the second step.
5. If an extension of the end of the fiscal year report due date is granted, this will not result in
automatic continuation of semi-monthly payments. All of the requirements for these payments,
contained in Exhibit E, must be satisfied for semi-monthly payments to continue.
59.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit J: Regional Program Operating Principles
A definition of regional programs and descriptions of regional program models are included in the
Core Services Taxonomy for reference purposes and as examples for how regional programs
might function. Regional programs are funded by the Department or the Board and operated
explicitly to provide services to individuals who are consumers of the Boards participating in the
programs. Regional programs may be managed by the participating Boards or by one Board, have
a single or multiple service sites, and provide one or more types of service. Regional programs
also may include self-contained, single purpose programs (e.g., providing one type of core service,
usually residential) operated by one Board for the benefit of other Boards or programs contracted
by one Board that serve consumers from other Boards.
Regional programs can be a highly effective way to allocate and manage resources, coordinate the
delivery and manage the utilization of high cost or low incidence services, and promote the
development of services where economies of scale and effort could assist in the diversion of
consumers from admission to state facilities. Each consumer receiving services provided through
a regional program must be identified as being served by a particular Board. That Board will be
responsible for contracting for and reporting on the consumers that it serves and the services that it
provides; and each consumer will access services through and have his or her individualized
services plan managed by that particular Board. Boards are the single points of entry into publicly
funded mental health, mental retardation, and substance abuse services, the local points of
accountability for the coordination of those services, and the only entities identified in the Code of
Virginia that the Department can fund for the delivery of community mental health, mental
retardation, or substance abuse services.
These regional program operating principles provide guidance for Boards to implement and
manage identified regional programs and to account for services provided by these programs.
These principles also provide guidance for the Department to monitor regional programs on a more
consistent basis. Adherence to these principles will ensure that performance contracts and
reports, including the Community Automated Reporting System (CARS) and the Community
Consumer Submission (CCS), contain complete and accurate information about consumers,
services, revenues, and expenses. These principles and the Regional Program Procedures in
Appendix D of the General Requirements Document apply to all regional programs in which the
Board participates.
Regional Program Operating Principles
1. Individual Board Reporting: The CCS, a secure and HIPAA-compliant individual consumer
data reporting system, is the basis for all statewide individual consumer and service data and
information. Therefore, every individual served in any manner must be included in some
Board's information system, so that necessary consumer and service information can be
extracted by Boards and provided to the Department using the CCS. If a Board does not
collect information about all of its consumers and services, including those served by regional
programs, in its information system, it will not be able to report complete information about its
operations to the Department.
a. Unless subsection b. is applicable, each Board participating in a regional program shall
admit consumers that it serves through the regional program to the applicable program
area(s) and maintain CCS data about them in its information system. For performance
contract and report purposes (CARS and CCS), each participating Board shall maintain and
report revenue, expense, cost, consumer, and service information associated with the
regional program for each consumer that it serves through that program.
b. If one Board operates a regional program on behalf of other Boards in a region, it shall
admit all consumers for services provided by the regional program, maintain CCS data
about these consumers in its information system, and maintain and report revenue,
60.
05-06-2008
FY 2009 Community Services Performance Contract
expense, cost, consumer, and service information associated with those consumers, or, if
the participating Boards elect, each referring Board may report on its consumers.
2. Regional Program Funding: Depending on the design of a regional program, the Department
may disburse state or federal funds for a regional program to each participating Board or to one
Board that operates a regional program or agrees to serve as the fiscal agent for a regional
program. Sections 37.2 -504 and 37.2-508 of the Code of Virginia establish the community
services performance contract as the mechanism through which the Department provides state
general and federal funds to Boards for community services and through which Boards report
on the use of those and other funds. All regional programs shall be included in the
performance contract and reflected in the CARS and CCS.
a. If the Department disburses regional program funds to each participating Board, each
participating Board shall follow existing performance contract and report requirements and
procedures for that portion of the regional program funded by that Board.
b. If the Department disburses regional program funds to a Board that operates a regional
program on behalf of the other Boards in a region, the operating Board shall follow existing
performance contract and report requirements and procedures, as if the regional program
were its own program.
c. If the Department disburses regional program funds to a Board that has agreed to serve as
the fiscal agent (fiscal agent Board) for the regional program, disbursements will be based
on, accomplished through, and documented by appropriate procedures, developed and
implemented by the region, that are consistent with the Regional Program Procedures in
Appendix D of the General Requirements Document.
d. When funds are disbursed to a fiscal agent Board, each participating Board shall identify,
track, and report regional program funds that it receives and spends as funds for that
regional program. Each participating Board, including the fiscal agent Board, shall reflect in
its CARS reports and CCS 3 extracts only its share of the regional program, in terms of
consumers served, services provided, revenues received, expenses made, and costs of the
services. Any monitoring and reporting of and accountability for the fiscal agent Board's
handling of state or federal funds for a regional program shall be accomplished through the
performance contract and reports. Alternately, if the participating Boards elect, each Board
may perform these functions for its share of the regional program.
e. When funds are disbursed to a fiscal agent Board that pays a contract agency to deliver
regional program services, the fiscal agent Board and participating Boards may elect to
establish an arrangement that is consistent with the Regional Program Procedures in
Appendix D of the General Requirements Document in which the fiscal agent Board reports
all of the revenues and expenditures in the fiscal pages of Exhibit A while the participating
Boards and the fiscal agent Board report information about consumers served, units of
services, and expenses for those units only for their consumers on the program pages of
Exhibit A, with a note on the Comments page of Exhibit A explaining the differences
between the fiscal and program pages. Alternately, if the participating Boards elect, the
fiscal agent Board may admit the consumers of other participating Boards and, for purposes
of this regional program, treat those consumers as its own for documentation and reporting
purposes.
3. Financial Reporting: All revenues, expenses, and costs for a regional program shall be
reported to the Department only once; they may be reported by individual Boards, the Board
that serves as the fiscal agent, or both, depending on how the regional program is designed
and operates. For example, the fiscal agent Board might report the revenues and expenses for
a regional program provided by a contract agency, and a Board that refers its consumers to
that regional program may report the service and cost information related to its consumers.
61.
05-06-2008
FY 2009 Community Services Performance Contract
4. Consumer Reporting: Each consumer who is served through a regional program shall be
reported to the Department only once for a particular service. However, a consumer receiving
services from more than one Board should be reported by each Board that provides a service
to that consumer. For example, if a consumer receives outpatient mental health services from
one Board and residential crisis stabilization services from a second Board operating that
program on behalf of a region, the consumer would be admitted to each Board and each Board
would report information about the consumer and the service it provided to the consumer.
5. Service Reporting: Each service provided by a regional program shall be reported only once,
either by the Board providing or contracting for the service or the Board that referred its
consumer to the regional program operated or contracted by another Board or by the region.
6. Contracted Regional Programs: When a Board that is the case management Board for a
consumer refers a consumer to a regional program that is operated by a contract agency and
paid for by the regional program's fiscal agent Board, the case management Board shall report
the service and cost information, but not the revenue and expense information, even though it
did not provide or pay for it, since there would be no other way for information about it to be
extracted through the CCS. Alternately, if the participating Boards elect, the fiscal agent Board
could admit the consumer for this service and report the consumer, service, cost, revenue, and
expense information itself; in this situation, the case management Board would report nothing
about this service.
7. Transfers of Resources Among Boards: Boards should be able to transfer state, local, and
federal funds to each other to pay for services that they purchase from each other.
8. Use of Existing Reporting Systems: Existing reporting systems (the CCS and the CARS)
shall be used wherever possible, rather than developing new reporting systems, to avoid
unnecessary or duplicative data collection and entry. For example, the special project function
in the CCS could be used to report additional data elements that are not in the CCS for special
projects, instead of establishing new, stand-alone reporting mechanisms. Any new service or
program shall be implemented as simply as possible regarding reporting requirements.
9. Regional Administrative and Management Expenses: Boards and the Department have
provider and local or state authority roles that involve non-direct services tasks, such as
utilization management and regional authorization committees. These roles cause additional
administrative and management expenses for regional programs. Boards shall report these
expenses as part of their costs of delivering regional services. The Department shall factor in
and accept reasonable administrative and management expenses as allowable costs in
regional programs.
10. Local Supplements: If a Board participating in a regional program supplements the allocation
of state or federal funds received by the Board operating that program throughJransferring
resources to the operating Board, the participating Board shall show the transfer as an expense
on financial forms but not as a cost on service forms in its performance contract and reports.
Then, the participating Board will avoid displaying an unrealistically low service cost in its
reports for the regional program and double counting consumers served by and service units
delivered in the regional program, since the operating Board already reports this information.
11. Balances: Unexpended balances of current or previous fiscal year regional program funds
should not be retained by the participating Boards to which the regional fiscal agent Board or
the Department disbursed the funds, unless this is approved by the region for purposes that are
consistent with the legislative intent of the Appropriation Act item that provided the funds.
Otherwise, the balances should be available for redistribution during the fiscal year among
participating Boards to ensure maximum utilization of these funds. Each region should
establish procedures for monitoring expenditures of regional program funds and redistributing
those unexpended balances that are consistent with the Regional Program Procedures in
62.
05-06-2008
FY 2009 Community Services Performance Contract
Appendix D of the General Requirements Document to ensure that uses of those funds are
consistent with the legislative intent of the Appropriation Act item that provided the funds.
12. Issue Resolution: Regional program funding issues, such as the amount, sources, or
adequacy of funding for a regional program, the distribution of state allocations for theJegional
program among participating Boards, and the financial participation of each Board whose
consumers receive services from the regional program, should be resolved at the regional level
among the Boards participating in the program, with the Department providing information or
assistance upon request.
13. Local Participation: Whenever possible, regional funding and reporting approaches should
be developed that encourage or provide incentives for the contribution of local dollars to
regional activities.
14. Minimum Matching Funds Requirements: If a Board that operates or serves as the fiscal
agent for a regional program cannot satisfy the statutory minimum 10 percent local matching
funds requirement due to the state funds that it receives for that regional program, the
Department, in accordance with provisions in this contract, State Board Policy 4010, and 9
37.2-509 of the Code of Virginia, shall grant an automatic waiver of that matching funds
requirement.
63.
05-06-2008
FY 2009 Community Services Performance Contract
Exhibit K: Joint Agreements
If the Board enters into a joint agreement pursuant to 9 37.2-512 or 9 37.2-615 of the Code of
Virginia, the Board shall describe the agreement in this exhibit and attach a copy of the joint
agreement to this Exhibit.
64.
05-06-2008
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
STEPHANIE M. MOON, CMC Yroanokeva.gov
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
August 19, 2008
CECELIA R. TYREE
Assistant Deputy City Clerk
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38199-081808 appropnatmg
funds from the Commonwealth government, and amending and reordaining
certain section's of the 2008-2009 School Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 18, 2008, and is in full
force and effect upon its passage.
Sincerely,
~rn.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools,
P. O. Box 13145, Roanoke, Virginia 24031
David B. Carson, Chair, Roanoke City School Board, 3037 Carolina
Avenue, S. W., Roanoke, Virginia 24014
Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
t~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38199-081808.
AN ORDINANCE to appropriate funding from the Commonwealth government,
amending and reordaining certain sections of the 2008-2009 School Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2008-2009 School Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Teacher
Guidance Counselor
Social Security
Outreach/Advertising
Revenues
State Receipts
302-160-0000-1305-355C-61100-41121-9-07
302-160-0000-1305-355C-61100-41123-9-07
302-160-0000-1305-355C-611 00-42201-9-07
302-160-0000-1305-355C-61100-43361-9-07
$ 10,951
1,500
952
3,500
302-000-0000-0000-355C-00000-32298-0-00
16,903
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~~.~
, ,
City qef\k. .
CITY OF ROANOKE
SCHOOL BOARD
P.O. Box 13145, ROANOKE, VA 24031 .540-853-2381 .540-853.2951
The Honorable David Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
August 18, 2008
As the result of official School Board action at its August 12 meeting, the Board
respectfully requests the appropriation of $16,903.00 for the Race to GED 2009 Program.
The funds will be used to provide supplies, tuition, and instructors to increase the
participation in the GED examinations. This continuing program is one hundred percent
reimbursed by State funds.
The School Board thanks you for your approval of the appropriation request.
re
cc:
Mr. David B. Carson
Dr. Rita D. Bishop
Mr. Curtis D. Baker
Mrs. Vivian Penn- Timity
Ms. Darlene L. Burcham
Sincerely,
~~~~:~
Mr. William M. Hackworth
Mrs. Ann H. Shawver
Ms. Dorothy Hoskins (with
accounting details)
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 461
PO Box 1220
Roanoke, Virginia 24011-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER, CPA
Director of Finance
August 18, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice-Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: School Board Appropriation Request
As the result of official School Board action at its meeting on August 12, the
Board respectfully requests that City Council appropriate $16,903 for the Race
to GED 2009 Program. The funds will be used to provide supplies, tuition, and
instructors to increase the participation in the GED examinations. This
continuing program is one hundred percent reimbursed by State funds.
We recommend that you concur with this report of the School Board and adopt
the attached budget ordinance to appropriate funding as outlined.
Sincerely,
I(Jb ~~
Ann H. Shawver
Director of Finance
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Sherman M. Stovall, Director of Management and Budget
Dr. Rita D. Bishop, Superintendent, Roanoke City Public.schools
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 21, 2008
David B. Carson, Chair
Roanoke City School Board
3037 Carolina Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Carson:
A request of the Roanoke City School Board that a public hearing be scheduled for
Monday, September 15, 2008, at 7:00 p.m. or as soon thereafter as the matter
may be heard, on the issuance of VPSA School Financing Bonds (1997 Resolution)
Series 2008(B)for the William Fleming High School project, was before the Council
at a regular meeting held on Monday, August 18, 2008.
The Council concurred in the request.
Sincerely,
P7'/YjbrNV
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosure
pc: Dr. Rita D.' Bishop, Superintendent, Roanoke City Public Schools,
P. O. Box 13145, Roanoke, Virginia 24031
Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
CITY OF ROANOKE
SCHOOL BOARD
P.O. Box 13145, ROANOKE, VA 24031 .540-853-2381 .540-853-2951
August 18, 2008
The Honorable David Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Mayor and Members of Council:
As the result of official School Board action at its meeting on August
12, the Hoard approved the attached resolution to participate in the 2008
Interest Rate Subsidy Program Bond Sale - Virginia Public School Authority
(VPSA) School Financing Bonds (1997 Resolution) Series 2008 B. The
proceeds of the proposed VPSA bond issue will be used in lieu of the Literary
Fund loan previously approved by the Board, Council and the State Board of
Education for the William Fleming High School project. The School Board will
pay the debt service on the VPSA Interest Rate Subsidy Bond issue.
The use of the bond issue provides:
· Timely financing for a portion of the Fleming project in place
of the Literary Fund loan, (Literary Fund loan is on waiting
list, with no funding in sight).
· An effective interest rate (after the subsidy) of 30/o--the same
as the Literary Fund loan rate.
· The debt will not count against the $20 million Literary Fund
loan debt ceiling for the locality.
· The first debt service payment will not be due until the 2009-
10 fiscal year.
Under the Public Finance Act, a public hearing on the issuance of the
VPSA bonds for William Fleming High School must be held before the bonds
may be issued. Accordingly, the School Board requests that Council
authorize publication of a notice of public hearing for a public hearing on the
issuance of these bonds, and authorize such public hearing to be held at
Council's September 15, 2008 meeting.
Mayor and Members of Council
Page 2
August 18, 2008
The Roanoke City School Board appreciates the assistance of the City
Administration in conducting the necessary public hearing required for
participation in the VPSA bond issue.
Sincerely,
~~ .\>~~\~
Cindy H. ~oulton
Clerk of the Board
re
Enc.
cc: Mr. David Carson, School Board Chair
Dr. Rita D. Bishop, Superintendent of Schools
Mr. Curt Baker, Deputy Superintendent for Operations (w/enc.)
Mrs. Vivian Penn-Timity, Director of Accounting (w/enc.)
Ms. Stephanie Moon, City Clerk (w/enc.)
Mr. William Hackworth, Esq., City Attorney (w/enc.)
Mrs. Ann Shawver, Director of Finance (w/enc.) .
Mr. George J.A. Clemo, Esq., Bond Counsel (w/enc.)
ROANOKE CITY SCHOOL BOARD
August 12, 2008
RESOLUTION AUTHORIZING CERTAIN IMPROVEMENTS AUTHORIZING AN
APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY FOR INTEREST RATE
SUBSIDY BOND FINANCING AND REQUESTING ROANOKE CITY COUNCIL TO ISSUE
GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL PURPOSES SCHEDULE A
PUBLIC HEARING ON THE ISSUANCE OF SUCH BONDS AND AUTHORIZE PUBLICATION
OF NOTICE OF SUCH PUBLIC HEARING
BE IT RESOLVED:
1) The School Board of the City of Roanoke, Virginia hereby (i) approves capital
improvements for the construction of a new William Fleming High School at
an estimated cost of $57.0 Million (the "Project"), (ii) authorizes and
approves the filing of an application to the Virginia Public School Authority
("VPSA") seeking interest rate subsidy bond financing in an amount not to
exceed $7.5 Million, (iii) requests that the City Council of the City of
Roanoke, Virginia, (the "City") authorize the City to issue its general
obligation school bonds to be sold to VPSA in an aggregate principal amount
not to exceed $7.5 Million, for the purpose of financing a portion of the cost
of the project, and (iv) requests that the City Council schedule a public
hearing, as required by the Public Finance Act, on the issuance of such bonds
and authorize publication of notice of such public hearing in accordance with
the Public Finance Act.
2) This resolution shall take effect immediately by the following recorded vote:
. Yea Nay
David B. Carson, Chair
Jason E. Bingham, Vice Chair
Mae G. Huff
Suzanne P. Moore
Courtney A. Penn
Todd A. Putney
Lori E. Vaught
The undersigned Clerk of the School Board of the City of Roanoke, Virginia
hereby certifies that the foregoing constitutes a true and correct extract from the
minutes of a meeting of the School Board held the 12th day of August, 2008.
WITNESS, my signature and seal of the School Board of the City of Roanoke,
Virginia, this 12th day of August, 2008. .
(SEAL)
Clerk, School Board of City of Roanoke, Virginia
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 18, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice-Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Request for Public Hearing
As the result of official School Board action at its meeting on August 12, the
Board respectfully requests that City Council schedule a public hearing to
participate in the 2008 Interest Rate Subsidy Program Bond Sale - Virginia
Public School Authority (VPSA) School Financing Bonds - Series 2008 B. The
proceeds of the proposed VPSA bond issue would be used in lieu of the Literary
Fund loan previously approved by the Board, Council and the State Board of
Education for the William Fleming High School project. VPSA funding is needed
because there is no funding directly available through the Literary Fund. The
VPSA subsidy program makes funding available at the same financing cost of
the Literary Fund, therefore approval by the governing body is essentially a
formality.
The School Board will pay the debt service on the VPSA Interest Rate Subsidy
Bond issue.
The use of the bond issue provides:
· Timely financing for a portion of the Fleming project in place of the
Literary Fund loan. "
· An effective interest rate (after the_.subsidy)"of 3%--the same as the
Literary Fund loan rate.
Honorable Mayor and Members of Council
August 18, 2008
Page 2
· The debt will not count against the $20 million Literary Fund loan debt
ceiling for the locality.
· As anticipated in our Capital Improvement Program (ClP), the first debt
service payment will not be due until the 2009-10 fiscal year.
In accordance with the Public Finance Act, a public hearing on the issuance of
the VPSA bonds for William Fleming High School must be held before the bonds
may be issued. This is to request that Council authorize publication of a notice
of public hearing for a public hearing on the issuance of these bonds, and
authorize such public hearing to be held at Council's September 15, 2008
meeting.
Sincerely,
m~
Ann H. Shawver
Director of Finance
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Sherman M. Stovall, Director of Management and Budget
Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools
~
T~bl~
~
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
A RESOLUTION repealing Resolution No. 26234-092782, adopted September 27, 1982, and
abolishing the War Memorial Committee.
WHEREAS, the duties and responsibilities heretofore conferred on the War Memorial
Committee are no longer required by City Council, and Council deems it appropriate and expedient to
abolish the War Memorial Committee; and
WHEREAS, there are currently no members serving on the War Memorial Committee.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Resolution No.
26234-092782, adopted September 27, 1982, be and it hereby is REPEALED, and the War Memorial
Committee be and it is hereby ABOLISHED.
ATTEST:
City Clerk.
K:\Measures\Abolish War Memorial Committee 2008.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
. Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
August 21, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
At the regular meeting of the Council of the City of Roanoke held on Monday,
August 18, 2008, the Director of Finance was requested to provide projections
over a five - ten year period and list of improvements and equipment, if
needed, in connection with the Countryside Golf Course to the Council.
Sincerely,
, J?;. lYJow
Stephanie M. Moon, CMC - " I
City Clerk
SMM:ew
pc: Darlene L Burcham, City Manager
8/18/08 council meeting 2 pm
YOUR WEB SITE READS "ROANOKE HAS WHAT U WANT...STRONG
NEIGHBORHOODS, AND QUALITY SERVICES TO CITIZENS...."
HI..MY NAME IS... .LISETE ALEXANDRE...! LIVE ON 633 MADISON AVE NW
I AM NOT SURE ABOUT WHAT YOU DO OR CAN DO...BUT HERE I AM
HOPE U CAN UNDERSTAND WHAT I SAY, AS I SPEAK 5 LANGUAGES, THE
ACCENTS MAY BE CONFUSING!!! I AM AN EDUCATED PERSON, I JUST
WANTED A SMALL HOUSE TO PUT MY STUFF IN AND TRAVEL
I WAS RAISED IN A FASCIST GOVERNMENT..WE COULD NOT TALK...! DID
THE PRESIDENT OF THE EUROPEAN UNION, THAT HOSTED THE MEETING
WITH PRESIDENT BUSH AND TONY BLAIR TO START THE WAR IN IRAQ,
WORKED WITH ME AND MANY OTHERS TO END FASCISM IN PORTUGAL...
U SHOULD HAVE TAKEN THE EUROPEAN VISITORS TO NW
IS THIS THE CITY WHERE COPS CAN LIE AND CRIMINALS THRIVE?
BEFORE I BOUGHT MY HOUSE I WAS TOLD BY THE SHERIFF AND POLICE
DEPARTMENTS THAT MADISON AVE WAS A NICE AREA, SO I THOUGHT IT
WAS JUST POOR
I AM HERE TO TELL U ABOUT CRIME, WELFARE ABUSE, ABUSE OF
NEIGHBORS RIGHTS...! FOUGHT MANY CITY DEPARTMENTS TO GET
THINGS DONE...BASKETBALL GOALIES (THAT WERE OK BY CHIEF OF
POLICE AND MOST COPS) ON THE STREET, DAMAGED CARS, KIDS JUMPING
IN FRONT OF CARS, TINY KIDS ON THE STREET ALONE, BUT WHO CARES??
(20 OR MORE JUST IN 1 HOUSE, 819 7th AVE) ROCKS THROWN AT HOUSE,
SHOOTINGS, GRASS GROWING WILD, I HAD TO MAKE PEOPLE ENFORCE
THE CODE...AND DRUGS AND VERY LOUD MUSIC FROM MANY CARS,
CONDOMS AND GAS THROWN AT MY PORCH, ASSAULT, ETC
OLD CITIZENS 75 TO 87 AFRAID OF RETALIATION...AND I HAVE BEEN TOLD
THAT I WOULD BE ARRESTED AND KILLED...WE PAY TAXES, WE ARE NOT
ON WELFARE, WE WORKED HARD AND DESERVE PEACE, NOT HELL...AND
HELL HAS BROKEN LOOSE IN OUR STREETS.
ELDERLY PEOPLE ASKED ME TO STAY BECAUSE I GET THINGS DONE. I
TELL THE TRUTH...! WOULD RATHER BREAK THEN BEND...! CANNOT KEEP
QUIET WHEN I SEE ABUSE, TO US OR TO THEIR OWN KIDS...AND EVEN
OFFICERS AFRAID OF GOING TO NW...SECTION 8 DOESN'T CARE.
.
I OFFERED ALL COPS FREE ROOM AND BOARD...ALL SAID NO....ONE TOLD
ME TO GO TO THE BAD GUYS HOUSE, AND HE LEFT... WE NEED
SUBSTATIONS IN SOME PLACES TO PREVENT CRIME...AND IT DOESN'T
TAKE MUCH MONEY. I OFFERED MY HOUSE FOR ANYTHING
I HAVE COPIES OF A LETTER SENT TO SOME OFFICIALS....PLEASE READ IT
AND PLEASE HELP SOLVE THE PROBLEM. UNTIL NOW I ONLY FOUND
PEOPLE IN CHARGE TO BE MADE OF JELLO, NO BACK BONE!!! AND TV
STATIONS BECAME DEAF AND NEWSPAPERS AFRAID OF LAWSUITS WHEN
CONTACTED.
FINALLY... WHY ARE PEOPLE PAYING TAXES, ELECTING U AND CAN ONLY
TALK FOR 3 MINUTES....IS THIS A DEMOCRACY???? EVEN ROMANS
ALLOWED JESUS MORE TIME TO TALK.
THANK U SO MUCH...HOPE U CAN CHANGE THINGS.., I WANT THE BEST
FOR THE CITY....I HAVE MADE CHANGES BUT NEED HELP
MY SON HAS COLON CANCER, MY DAUGHTER JUST FOUND OUT THAT SHE
HAS SKIN CANCER...I CANNOT BE WITH THEM AS 2 CRIMINALS TRIED TO
BREAK IN WHEN I LEFT LAST TIME....I JUST WANT TO SELL THE HOUSE
AND GO
L',-,,> etc- A\~'fOv'l'\8V"'<-
COPY OF LETTER SENT TO SENATOR JIM WEBB (and other officials)
May 27, 2008
Senator Jim Webb
507 East Franklin St
Richmond, VA 23219
Dear Senator
Sorry to bother you, I thought you could help, as I am desperate and very depressed.
This is a racial problem, the other way around, and a neighborhood issue. They do not do
these things to black neighbors around here. I am special. The elder, black residents are
tired of the noise, fights, loud music, shooting etc... but they are not called names nor
their houses get attacked.
People from the ghetto moved here (well, this is the ghetto) and they have tried all stuff
on me including trying to break in my house twice, trying to frame me last summer for
sex with 2 minors, 7 and 9 years old, throwing rocks at my house, damaging my car,
trying to break my windows. Also knocking at my door just to annoy me and look inside,
sending kids to my door asking for juice to try to come inside, leaving used condoms,
gasoline and lighters etc...under my porch. And besides calling me all names (I changed
my name to Bitch now) some young ladies assaulted me, lucky me I had two people
close by.... the police can't do a thing, who can help me? us???
I am trying to sell the house but cannot, as this street is hell now. This is a gorgeous
house. I wish that I could live here. I have seen most of the officers, crime prevention,
detectives, Chief of Police, Mayor, Assistant City Manager. All did nothing, even had
some weird comments against me.
One captain threatened to arrest me...! was talking too much. The Assistant City Manager
didn't want to see me, waited for many weeks, even months...! had to tell the secretary
that I would go there and sleep on the couch until he saw me...! had a call 5 minutes later
with an appointment!!!! The Chief of Police told me a couple times: "so you don't want
the kids to play outside?" they don't play, they are damaging my car and yard, the
neighborhood, and all people are scared of them.
I am the only one that talks against it...some elderly people asked me to stay, to talk for
them. There are people here, around 75 to 87 years old, scared of being on the porch, and
coming out at all. They have lived here for over 50 YEARS...they are nice educated
people that had good jobs before.
PAGE 2
I cannot work, and I am disabled, but not getting SSI or any help from the government, I
pay for my stuff...my savings will not last forever. I could get an easy job if this people
weren't bothering me. Due to the situation, I had 2 heart attacks, kidney problems and I
have been very sick, gaining about 40 lbs, with stress and complication from diabetes,
depression, as I have to stay home.
I cannot go to my country of origin, visit my dad, visit my children, or anywhere as last
year when I left, they tried to break in the house. I had foot prints, the names and ages of
the minors that tried to break in, but they were taken to mommy and granny. And when I
had meetings at night to try to make some money, I came home to some ofthem with
huge sticks trying to break windows, just caught them by a minute or so.
When I moved here I asked the sheriff and police departments about the area, as I saw
poor houses, and both told me that this was a nice area. Went to both departments to
confront them, last year in April/May, when this situation got worse, and the lady at the
Sheriffs department, that I had talked to for 10 minutes in April 06, Nancy, and other
officers even laughed, saying that this is a nice area....making fun of the situation.
I bought surveillance cameras, and the police (Lt Babb, and very nice man) told me that it
made the neighbors really mad...what can I do??? My lawyer told me that the police can
lie to us all they want and there is nothing I can do about it.
These people, live like animals, 30 to 40 in one small house, sometimes more. I guess it is
section 8, food stamps, etc etc... sucking the taxpayers...! am sure that they have more
people in the houses than they are allowed. They have very loud parties on the street of
100 people, maybe more, almost every day. They surround my house like vultures, with
shootings and music so loud that my windows and doors vibrate. And all of them are
friends and keep bringing more friends. We had several shots fired last Friday with a man
seriously hurt.
I NEVER saw anything like this in Portugal where I am from or in Silver Spring, MD
where I came from. And we had section 8 across the street from the big houses. I was in
charge of medical records for 13 prisons with 9,000 inmates..'.and NEVER had a problem
even with riots. I never wore my vest, and always ate with the inmates...! respected them
and they respected me....in Roanoke it just doesn't happen. My office was where lifers,
murderers and rapists were.
We have 3 houses from HELL now with cousins and friends. 819 7th Street NW is where
maybe 40 people live or more and the lady does childcare too. She has 9 children and the
children are having children now, and 2 mores houses with many people, in and out,
specially between 10 pm and 5 am. 620 and 621 Madison Ave NW. Drugs are sold all
over. I cannot sleep until 4 or 5 am, my health is getting really bad, as I am not a kid, I am
a grandmother of 5......
PAGE 3
WHO CAN HELP ME??? I HAVE NO F AMIL Y AROUND AND HAVE A NEW
HOUSE ...HELP ME PLEASE, DON'T KNOW WHERE TO GO. I HAVE MAYBE 1/3
OF THE HOUSE PAID FOR, TOO MUCH TO LOOSE... THE HOUSE AND MY
CREDIT IF I HAVE TO ABANDON THE HOUSE...HELP ME. AND HELP MAKE
NW A BETTER PLACE ... PLEASE
DEAR SENATOR you are trying to find money to pay for the roads, why not give FINES
FOR THE LOUD MUSIC, stop welfare...check section 8 and food stamps and all
abuse....! know that they sell DRUGS, have many people in the houses, and do
babysitting on top of it....why do the nice WORKING taxpayers pay for it??? THESE
guys are sitting outside all day!!!! and their children abused, playing on the street, without
supervision. The mothers address the children as F....ing N*, Mother F* .... etc etc
I hope you work on these abuses....! am a minority immigrant, I am white, and I live in an
ex segregated area. I didn't know...! was told that in was blonde I would be SHOT...Also
my son went to IRAQ to defend the American people...he was NOT even a CITIZEN! I
know that your son was there too. Send the lazy guys to W AR...my sun had 2 kids to
work for, did not go on welfare... went to WAR and was hurt in Bagdad....MY SON IS
VERY SICK WITH CANCER NOW...! cannot go to TX to see him... I have alarm now
in the house, but don't know anybody in Roanoke to check on the house in am away.
Sorry I was so long..... and maybe not in the order it should be....! am very sad and
disappointed with V A laws. Please do not send me around and around as I have been
sent.. Nobody helps!
THANK U VERY MUCH...GOD BLESS AMERICA (America is in trouble)
GOD BLESS YOU!!!!!
Liz Alexandre
Roanoke Star Sentinel
Aug 14, 2008
I want to assure those who read my letters/opinion pieces that I don't revel in my curmudgeon (i.e.
disapproving) status. I'd like to think my "disapproval" is based on some benchmark for comparison,
which implies age and experience. I find that a reminder that I am fast closing in on 70. I don't know
how that happened and I'm afraid I'm not doing it gracefully.
It seems like only yesterday I read The Peter Princiole by Lawrence J. Peters, but it was in 1970
during my second tour in Vietnam. The Peter Principle states that people, especially in bureaucracie~,
tend to be promoted to their level of incompetence. I was a young, upwardly mobile professional
within a bureaucracy at the time and yes, dealt with many examples of the Peter Principle, then and
later.
A favorite chapter in the book is about how people tend to deal, in detail, with things they know about.
Things that are foreign are dealt with lightly or avoided. The example used was the board of directors
of a large company that spent 15 minutes approving a multi-million dollar nuclear power plant and
three hours on a $15,000 bicycle shed. My own experience with this phenomenon was as Budget
Officer for the Fleet Marine Corps, Pacific during the mid - 1970s. I discovered that if the problem was
$100,000 or less every Colonel in the building was willing to "help". I was a Major at the time. If the
problem was a million dollars or more I was on my own. The helpful "advisors" understood $100,000
because that was the size of their mortgage.
I was reminded of this at the last (July 21) City Council meeting. Mayor Bowers did explain to the
ignorant that council members receive a "briefing" package on Thursday before council meetings
containing the relevant information for the upcoming meeting. That information is dealt with in "closed
session on Monday. Closed session is defined a~ the public may attend but remain silent. The Council
meetings actual, therefore, are more pro forma than substantive.
For the life of me after nine years I ~till haven't gotten a handle on where "public input" comes into all
this. It seems to be after the council has discussed and decided, but before the vote and has little
bearing on the outcome.
In any case, a $6.6 million dollar general obligation bond package was approved. Roanoke will assume
more debt and the parking garage on Church Ave between Williamson and Jefferson Streets will have a
new fac;ade - finally. One hopes the fountain in front of the Norfolk and Western Building will also be
released from captivity.
After approving the bond issue, Mayor David's "suggestions" for symbolic change - for that is what
they are - came up for discussion. This is where the nuclear plant - bicycle shed analogy kicked in.
One council member asked if action on the simple symbolic changes could be delayed for six months
while he and the other newly elected council member "learned how things worked".
Ummm - learned how things worked? If a council members don't know "how things work" what
business have they voting for a $6.6 million general obligation bond package? How difficult is it to
decide if citizens - you know those folks the council work for - may (figuratively) approach on bended
knee, to address the August Body, while having the backs of their heads shown on television? What is
wrong with this picture?
Council members are paid $15,000 a year - with some perks. The Mayor gets $20,000 a year and let
us not forget that if they can hang on for five years they are vested and receive a pension from the
City when they hit 60! It can be lucrative. Reverenced Dr. C. Nelson Harris drew almost a quarter of a
million dollars for doing nothing during his public service and will receive a "generous" pension in less
than 20 years.
More to the point, Council members assure the citizens they want to serve them. With the exception of
Richard Cranwell, I have yet to see a candidate come forth with a specific workable program. Well,
Mayor David and former Councilmember Brian Wishneff had a 12 point program that David didn't know
how it would be financed and Brian never replied to my inquiries - and of which nothing has been
heard of siflce the election. The other candidates, of course, all support the school system and are
going to get Roanoke moving forward - promises that remind me of high school pep rallies where we
were supposed to "fire up". I never understood that either.
Roanoke has moved forward so much in ten years, with no one steering, we have done a full 360
degrees and are back at the starting point. The school system has improved - but no thanks to the
City Council - if anything the council has been an impediment.
Ok - the council approved a $6.6 million dollar bond package and probably didn't know what they were
doing. There is no one on the council that knows a general obligation bond from a revenue bond or a
subordinated debenture.
The next important, truly important, item the Council will be dealing with is the fate of the Farmers
Market Building. How well informed do you suppose Council members are on that subject? Tis just a
guess on my part but there are two council members that haven't been inside the Market Building in
the last six months - or longer. Yes, these things are tracked.
Have you, Mr/Mrs/Miss Citizen had any "input" on the matter as to what should be done with the
Farmers Market Building? Do you know anyone that has? Did you know the City put a Request for
Proposal on the street last January? Do you know there has been one responder - which, when we
look behind the curtain isn't the Wizard of Oz, but is the Center in the Square?
One has to wonder just how well the responder's "agenda" for the Market Building fits with citizens
desires? Heck, we have to wonder what are the citizens desires? No one has ever asked!
As I see it, we might never know, unless a lot of citizens start making a lot of noise. Right now - by
contacting the Council members, using Email and telephone. Even better if you can find one of them
in the open, actually talk, face to face.
I think the Market Building falls into the nuclear plant category for the Council - and that should scare
the heck out of all of us. I for one don't want to be snookered again, again, again.......
But that is just one man's opinion.
I asked "the city" for a copy of the City's Farmers Market Building feasibility
study. The City does studies on everything. I think the principal occupation at
City Hall is commissioning "studies". Remember all the Victory Stadium studies
and wasted taxpayer money?
The reason for my request was the City's very specific Request for Proposal on
the Market Building last January. Logically a feasibility study would have been
done first.
The benchmark against which to measure any changes to the City's the Farmers
Market Building is its current status. According to the City, the Market Building
(Food Court) lost $200,000 last fiscal year. On the income, side there was
$77,000 from sales taxes. The sales tax on prepared food in Roanoke is 10
percent. Of that four .percent goes to the state and six percent comes to the
city. To generate $77,000 in sales tax revenue for the city, the food court in the
Farmers Market Building would have to do approximately $2 million worth of
business. Given adequate management of the facility, which the city has proven
incapable of, and proper accounting for expenses, I estimate the Food Court
could generate $3 to 3.5 million in business and approximate $125,000, or more,
in revenue from sales taxes.
A second benchmark is what do the citizens of Roanoke, whO actually own the
building, want? So far, no one has asked them.
The City sent me a feasibility study. What I received was something produced
by the Real Estate Planning Group, Inc. out of Chicago for, prepared for I know
not who, titled Assessment of the Roanoke City Market dated April 2008. The
second part of the so-called feasibility study was the Project for Public Spaces
commissioned by the Greater Roanoke Valley Development Foundation, dated
May 2008.
Reading the first report reminded me again that being a consultant was the
closest I ever came to having a dishonest job. The Real Estate Planning Group,
Inc. conducted a "survey" with a sample size of 911 of (as I read the report)
consumers at the Market purchasing "fresh produce" from the farmers selling in
March and April! I'm a vendor on the Farmers Market. I know all the farmers
who sell produce. None, repeat none, of those farmers are selling their own
home grown produce on the farmers market during March and April. That alone
makes the entire report by the Real Estate Planning Group "suspect" and that is
being kind.
The Project for Public Spaces "report" attempts to translate concepts contained
in the $100,000 "comprehensive" study of the downtown market area the City
commissioned two years ago. It isn't a bad translation; there might even be
some merit to it.
I find it strange that a feasibility study (obviously NOT commissioned by the City)
was conducted AFTER the Request for Proposal was issued. The name for that
is - backwards! Things haven't changed that much since I disengaged from
business.
In my opinion, the "The City" and here I mean the City Manager and her band of
loyal minions, are marching willy nilly towards Urban Planning Concept of the
Year followed by a clueless City Council that wouldn't know what an Economic
Analysis was if they were bludgeoned with it during a council meeting
I am NOT against change!
What I am against isthe way the proposed change(s) to the Farmers Market
Building are being attempted. There hasn't been any citizen input that I know
of. The city planners don't seem to understand local demographics will support
only so many high-end restaurants. The Taubman Art Museum thinks it is going
to get 20 percent of its $3.6 million dollar operating budget from food service
sales. If that happens, it means business taken from others establishments.
Those restaurants and caterers may have trouble surviving. That's reality.
There is more, much more.
However, True Believers (including those who stand to profit) will be out waving
pom-poms and saying this is good - Roanoke is moving forward!
We need a compass.
The City doesn't have a good track record with its projects. The Civic Center is
an annual $2 million dollar loser. Countryside has been a fiasco. Millers Hill is
not "moving right along". The Victory Stadium/Multi-Use Amphitheater episode
should go down as a case study in how not to do something
If we are going to have change, lets approach it with a modicum of reality and
complete openness.
Folks this stuff affects your pocket book because you pay for it through your
property taxes.
It behooves you to become involved. Contact the council members by Email.by
telephone or better yet face-to-face (if you can find one) and give them some
" citizen input.
.'
Tuesday, August 17, 2008
Star Sentinel Letter to the Editor - Aug. 14, 2008
COMMUNITY CENTER - ROANOKE TIMES, August 17, 2008
$30 million facility to be built at an undisclosed location
Might be in SouthEast. Probably won't be in NorthWest.
Feasibility Study - has one been done?
Or, is this a "Needs Assessment" thingie?
Parking garage across from the police station was built based
on a half vast needs assessment. As a result, the- City spent
$7 million in bond principle plus interest for a parking facility
for, condominium owners in the area - whose parking needs
should have been met by the developers and no one will know
for twenty years if there is a valid need.
Public Imput for the Community Center
The cardinal rule of consulting is go to the user.
THE CARDINAL RULE OF CONSULTING IS GO TO THE USER!
Don't expect to get valid imput by asking the public to come to
you as is being done in this case.
It is a dumb idea. I assume it was proposed by a senior
executive in the Parks and Recreation Department who has
reached his or her level of incompetence.
I recommend that person be fired.
If you are going to do something, then do it correctly.
You can get public imput, good valid responses, through
survey's mailed to the target users - or even going door to
door with the survey instrument.
The cost of doing that is a drop in the bucket compared to the
$30 million proposed cost, which is $30 million of principle plus
interest at whatever the bonds are sold for over however many
years the'bonds run for and that is a lot more than $30 million.
If there are any of you sitting up there who think your house
cost you the sticker price then you are either very wealthy and
were able to pay cash or you need a lesson in finance.
CITIZEN INPUT.
Speaking of citizen input - just when is it the City Council
intends to solicit citizen input on the use of the Farmers Market
Building?
It hasn't been done yet to the best of my knowledge.
The City put out a Request for Proposal during January
There was one response from some mysterious coilition of
something, for which the Executive Director of Downtown
Roanoke, Inc is the mouthpiece. Since the Director of
Downtown Roanoke, Inc looks like a quasi governmental
employee and Downtown Roanoke Inc receives the majority of
its funding from a property tax surcharge, and has a contract
with the City you might want Lawyer Hackworth over there to
advice you of possible conflicts of interest.
You all know what a conflict of interest is I'm sure?
That's when someone has to get up and say I never knowingly
did anything wrong and then brazens it out.
I'm curious what criteria the Council is going to use to evaluate
the response to City's Request for Proposal?
I requested the City's feasibility study on the Market Building
and what I received was - well I'm not sure what it was - but
it wasn't anything done or commissioned by the City and that
makes it suspect. Even more so since part of it claims to have
surveyed 911 happy customers purchasing fresh produce at
the Farmers Market during March and April.
There are not any local farmers selling their own fresh produce
on the market during March and April. Of course since the
damn fools were from Chicago it is mild in Roanoke during
March and April they may have been confused.
.
Watched the afternoon council proceedings on television this
afternoon.
Doing so is something I can only describe as painful.
It is obvious to me that it isn't apparent to any of you - and
the City Manager is in denial, that there is a problem with the
police department and it starts with leadership.
Roanoke may have a nationally accredited Police Department
but that doesn't mean diddly if the citizens don't have
confidence in it - and this afternoon you heard several citizens
tell you they didn't.
As for myself, I'm not even sure there is a Chief Haskins since
his public sightings are so few and far between.
As for the alledged problems with the police department and
with the fire and emergency departments. It is my opinion
that the problems are imaginary, something that would
become apparent if the City engaged in a rigorous program of
Zero Based Budgeti ng.
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 19, 2008
Ray Craighead, Agent
Craighead and Associates, Architects
2721 Brambleton Avenue, S. w.
Roanoke, Virginia 24015
Dear Mr. Craighead:
I am enclosing copy of Ordinance No. 38200-081808 repealing Ordinance Nos.
32431-042495 and 35539-082001, to the extent that they placed certain
conditions on Official Tax Nos. 6472001 and 64723003, respectively, both
properties located on Tuckawana Circle, N. W., replacing such proffers with new
proffers; and rezoning a 1.05 acre portion of property bearing Official Tax No.
6472302, from ROS, Recreation and Open Space District, to 1-1, Light Industrial
District, subject to the aforementioned proffers.
The abovereferenced measure was adopted by the Council of the City of '-
Roanoke at a regular meeting held on Monday, August 18, 2008, and is in full
force and effect upon its passage.
Sincerely,
#:ri~h1. ht~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosure
Ray Craighead, Agent
August 19, 2008
Page 2
pc: Commonwealth Development Group of Roanoke LLC, P. O. Box 6284,
Roanoke, Virginia
SRC Virginia, Inc., 2206 Montauk Road, N. W., Roanoke, Virginia 24017
Rafan LLC, P. O. Box 6284, Roanoke, Virginia 24017
Mr. and Mrs. Calvin Powers, P. O. Box 12068, Roanoke, Virginia 24022
Valerie Garner, Co-Chair, Countryside Neighborhood Alliance, 2265
Mattaponi Drive, N. W., Roanoke, Virginia 24017
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, PE, LS, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
Nancy C. Snodgrass, Zoning Administrator
/.
~~ \ \ rP
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38200-081808.
AN ORDINANCE to amend 9 36.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, by repealing Ordinance No. 32431-042495, to the extent that it placed
certain conditions on Official Tax No. 6472001, and Ordinance No. 35539-082001, to the
extent that it placed a certain condition on Official Tax No. 6472003, both properties
located on Tuckawana Circle, N.W.; replacing such proffers with new proffers; rezoning
a 1.05 acre portion of property bearing Official Tax No. 6472302, from ROS, Recreation
and Open Space District, to I-I, Light Industrial District, subject to the aforementioned
proffers; and dispensing with the second reading of this ordinance by title.
WHEREAS, NewbernP~.operties, LLC, represented by Ray Craighead, agent, has
filed an application to the Council of the City of Roanoke to repeal Ordinance No. 32431-
042495, adopted on April 24, 1995, to the extent that it placed certain conditions on
Official Tax No. 6472001, and Ordinance No. 35539-082001, adopted on August 20,
2001, to the extent that it placed a certain condition on Official Tax No. 6472003, both
properties located on Tuckawana Circle, N.W.;
WHEREAS, the applicant seeks to replace such proffers with new proffers set
. forth in the Zoning Amended Application No.2 dated July 24,2008;
WHEREAS, the applicant also seeks to have a 1.05 acre portion of property
bearing Official Tax No. 6472302, rezoned from ROS, Recreation and Open Space
District, to I-I, Light Industrial District, with proffers as set forth in the Zoning Amended
Application No.2 dated July 24, 2008;
O-Newbern Properties-rezone, repeal & amend proffers.doc
1
WHEREAS, the City Planning Commission, which after giving proper notice to
all concerned as required by S 36.2-540, Code of the City of Roanoke (1979), as
amended, and after conducting a public hearing on the matter, has made its
recommendation to City Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on August 18, 2008, after due and timely notice thereof as required by S 36.2-
540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both for and against the
proposed amendment; and
WHEREAS, City Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity, convenience, general welfare and good zoning practice, require the repeal of
Ordinance No. 32431-042495, to the extent that it placed certain conditions on Official
Tax No. 6472001, and Ordinance No. 35539-082001 to the extent that it placed a certain
condition on Official Tax No. 6472003, both properties located on Tuckawana Circle,
N.W., zoned I-I, Light Industrial District; the rezoning of a 1.05 acre portion of property
bearing Official Tax No. 6472302 from ROS, Recreation and Open Space District, to I-I,
Light fudustrial District; and adoption of the proffers pertaining to the subj~ct properties
as set forth herein.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Ordinance No. 32431-042495, adopted on April 24, 1995, to the extent
that it placed certain conditions on Official Tax No. 6472001, and Ordinance No. 35539-
O-Newbern Properties-rezone, repeal & amend proffers.doc
2
082001, adopted on August 20, 2001, to the extent that it placed a certain condition on
Official Tax No. 6472003, both properties located on Tuckawana Circle,N.W. are hereby
REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia, dated
December 5,2005, as amended, be amended to reflect such action.
2. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that a 1.05 acre portion of property bearing Official Tax
No. 6472302, such portion being in the northern portion of Official Tax No. 6472302 as
set forth in Exhibit A of the Zoning Amended Application No.2 dated July 24, 2008, be, .
and is hereby rezoned from ROS, Recreation and Open Space District, to I-I, Light
Industrial District.
3. That proffers set forth in the Zoning Amended Application No.2 dated
July 24, 2008, are accepted and placed on the properties bearing Official Tax Nos.
6472001,6472003 and the 1.05 acre portion of6472302, and that 9 36.2-100, Code of the
City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke,
Virginia, dated December 5, 2005, as amended, be amended to reflect such action.
4. Pursuant to the provisions of S 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
:"! I In.fV1dlrv
v\" .City Clerk. - . C
O-Newbern Properties-rezone, repeal & amend proffers.doc 3
Architectural Review Board
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING
& ECONOMIC DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@roanokeva.gov
August 18, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Request from Newbern Properties, LLC, represented by Ray
Craighead, agent, to repeal conditions set fQrth in Ordinance
No. 324.31-042495, for property bearing Official Tax No.
6472001, located on Tuckawana Circle, N.W., zoned 1-1,
Light Industrial District, and proffers set forth in Ordinance
No. 35539-082001, for property bearing Official Tax No.
6472003, located on Tuckawana Circle, N.W., zoned 1-1,
Light Industrial District, such repealed proffers to be replaced
with proffered conditions that the subject property will be
developed in substantial conformance with the site plan
prepared by Craighead and Associates, dated 4/30/08; there
will be no outdoor storage on the subject properties; the
use and development of the property will be limited to:
business service establishment; general and professional
offices, large scale; general manufacturing; business school
or non-industrial trade school; industrial trade school;
warehouse; contractor/tradesman shop; stealth wireless
telecommunication facility; general business establishment;
wholesale building supply and materials; electrical
component assembly, wholesale distribution; commercial
printing establishment; distribution center; and testing and
research laboratory-; and that the new warehouse expansion
will have similar roof slope and pitch and color to match the
existing building; and that a 1.05 acre portion of property
bearing Official Tax No. 6472302, be rezoned from ROS,
Recreation and Open Space District, to 1-1, Light
Industrial District, subject to the conditions set forth above.
Members of City Council
Page 2
August 18, 2008
Planning Commission Hearing and Recommendation
Planning Commission public hearing was held on Thursday, July 17, 2008. Bya
vote of 7-0, the Commission recommends that City Council approve the request.
The Commission finds the application to amend the proffered conditions
associated Official Tax Nos. 6472001 and 6472003 and rezone a 1.05 acre
portion of Official Tax No. 6472302 to be consistent with the City's Zoning
Ordinance, Comprehensive Plan, and Peters Creek North Neighborhood Plan.
The application allows for the expansion of an existing business in a manner
consistent with the design principles for industrial development in the City's
Comprehensive Plan.
Respectfully submitted,
1~~
Henry Scholz, Chairman
City Planning Commission
cc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager
Applicant
Members of City Council
Page 3
August 18, 2008
Application Information
Req uest:
Owner/Applicant:
Re resentative:
Cit Staff Person:
Site Address/Location:
Official Tax Nos.:
Site Area:
Existing Zoning:
Background
Conditional Rezoning and Amendment of Proffered
Conditions (Ordinance Nos. 35539-082001 and 32431-
042495
Newbern Properties LLC and Tuckawana Group LLC
Ra Crai head, Crai head & Associates
Maribeth B. Mills
2353 Highland Farm Road NW, 2361 Tuckawana Circle
NW, and 2100 Countryside Road NW
6472001, 6472003, and a ortion of 6472302
4.65 Acres
1-1, Light Industrial District with conditions, and ROS,
Recreation and 0 en S ace District
1-1, Li ht Industrial District with conditions
Buildin Su plies and Materials, Wholesale
Buildin Su lies and Materials, Wholesale
Peters Creek North Neighborhood Plan
Industrial
Original Application: May 1, 2008; Amended Application
NO.1: May 23, 2008; Amended Application NO.2: July
24,2008
In April 1995, City Council adopted Ordinance No. 32431-042495 rezoning
Official Tax No. 6472001 from RM-2, Residential Multifamily District, to LM, Light
Manufacturing District with conditions, for the construction of a 5,000 square foot
warehouse and surface parking lot. Six years later, in August of 2001, City
Council adopted Ordinance No. 35539-082001 rezoning Official Tax No.
6472003 from RM-2 District to LM District with conditions for the construction of
another warehouse. Both of these projects were constructed to be used in
conjunction with the applicant's existing heating and air conditioning business on
Official Tax No. 6472301. The zoning was changed to 1-1, Light Industrial District
with conditions, in December 2005 as part of the comprehensive rezoning.
The applicant is now requesting to make the following expansions and
modifications to be completed in phases on Official Tax Nos. 6472001 and
6472003:
1. A 12,000 square foot, one story warehouse building surrounded by a 4
foot to 7 foot retaining wall.
2. An 800 square foot, one story building connecting the existing warehouse
and the proposed 12,000 square foot warehouse.
Members of City Council
Page 4
August 18, 2008
3. A 9,500 square foot per floor, two story office building.
4. Relocation of the stormwater management pond.
5. A reconfiguration of the 65 space parking lot and addition of 16 spaces
surrounded by a 3 foot to 7 foot retaining wall.
In addition to amending the existing proffered conditions, a 1.05 acre portion of
Official Tax No. 6472302 will have to be part and parceled with Official Tax Nos.
6472001 and 6472003 and rezoned from ROS, Recreation and Open Space, to
1-1 District with conditions. This area will accommodate the 12,000 square foot
warehouse building, associated buffer yard and stormwater management pond.
Conditions Proffered by the Applicant
The applicant requests that the following proffered conditions, enacted by
Ordinance No. 32431-042495, be repealed as they pertain to Official Tax No.
6472001 :
1. That the property will be developed in substantial conformity with the site
plan prepared by Gifford O. Vernon, AlA, dated 2/8/95, a copy of which is
attached hereto as Exhibit "C," subject to any changes required by the City
during site plan review.
2. The building, as shown on the attached site plan (Exhibit "C"), will be of
the same design, height, color, and materials as the existing brown, metal,
pre-engineered building currently located on the property to the rear of the
corporate offices.
3. There will be no outside storage or display of materials or inventory on the
site.
4. No signs other than directional signs will be used on the site.
5. A buffer of at least thirty (30) feet, incorporating as many of the existing
trees as possible, will be established and maintained on the site along the
southerly and westerly property lines and will be supplemented where
necessary with pines or other evergreen trees or shrubs in order to
provide effective visual screening from the adjoining golf course as well as
Route 581.
6. That if no building permit has been issued and no construction
commenced within three (3) years from the date of final rezoning approval,
the zoning shall revert to RM-2 without further action by City Council.
Members of City Council
Page 5
August 18, 2008
7. That the building to be constructed by Petitioner will be used for storage of
heating and air conditioning parts and supplies.
The applicant requests that the following proffered condition, enacted by
Ordinance No. 35539-082001, be repealed as it pertain to Official Tax No.
6472003:
1. No part of the property shall be used for outdoor advertising, mini-
warehouses, or tractor trailer depots and repair facilities.
The applicant requests that the following proffered conditions be substituted and
adopted in place of the proffered conditions set forth above as they pertain to
Official Tax Nos. 6472001, 6472003, and a portion of 6472302:
1. The property will be developed in substantial conformity with the
Development Plan prepared by Craighead & Associates dated April 30,
2008, a copy of which is attached to this application as Exhibit C, subject
to any changes required by the City as part of its Comprehensive
Development Plan review.
2. There will be no Outdoor Storage on the subject properties.
3. The property will be limited to the following permitted uses:
Business Service Establishment
Office, General or Professional
Office, General or Professional, Large Scale
Manufacturing: General
Educational Facilities, Business School or Non-Industrial Trade School
Educational Facilities, Industrial Trade School
Warehouse
ContractorlTradesman Shop
Wireless Telecommunication Facility, Stealth
General Business Establishment
Building Supply and Materials, Wholesale
Electrical Component Assembly, Wholesale Distribution
Commercial Printing Establishment
Distribution Center
Laboratory, Testing and Research
4. The new warehouse expansion shall have a similar (roof slope of 3 feet
vertical for every 12 feet horizontal) roof slope and color to the existing
facility.
Considerations
Surroundinq Zoninq and Land Use:
Members of City Council
Page 6
August 18, 2008
Zoning District Land Use
North RM-2, Residential Mixed Density District Countryside Estates
(multifamily dwellings and
town homes) and vacant.
South ROS, Recreation and Open Space District Countryside Golf Course.
East 1-1, Light Industrial District Vacant.
West 1-1, Liqht Industrial District Trane (Office).
Compliance with the Zoninq Ordinance:
The proffered conditions enacted by Ordinance Nos. 32431-042495 and 35539-
082001 have become somewhat irrelevant due to changes in the Zoning
Ordinance in December of 2005. Changes included strengthened signage
(number, size, height, type, and placement) and buffer yard (20 foot buffer yard
with 1 evergreen tree every 8 feet and 1 evergreen shrub per 3 feet on center
compared to a 10 foot landscaped buffer) standards. Use proffers are still
relevant and have been incorporated into the new application. A total of 59 uses
permitted in the 1-1 District have been proffered out by this application, leaving a
small list of 15 uses permitted by-right. The ability to store inventory outdoors
has also been proffered out while outdoor display of inventory is now prohibited
by the Zoning Ordinance.
All proposed buildings and parking areas as shown on the proffered development
plan comply with the dimensional standards set forth in the City's Zoning
Ordinance. All components of the Development Plan will be required to meet the
regulations of the Zoning Ordinance during the comprehensive plan review
process.
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
Both the City's Comprehensive Plan and the Peters Creek North Neighborhood
Plan encourage the development of sites to their maximum potential. Amending
the existing proffered conditions will allow for an additional 31,800 square feet of
usable warehouse and office space on the property. The layout of the site is also
consistent with the design principles set forth in the Comprehensive Plan.
Outdoor storage has been prohibited, multiple vehicular entrances have been
retained, parking will be shared among all the applicant's parcels, and a 20 foot
vegetated buffer yard will screen the proposed buildings from Countryside Golf
Course.
The following policies of Vision 2001-2020 are relevant in the consideration of
this application:
· ED Pt. Economic base. Roanoke will have a sustainable, diverse economic
base that supports target industries in biotechnology, optics, information
technology/software, transportation-related manufacturing and services, and
supporting business services.
Members of City Council
Page 7
August 18, 2008
The following policies of the Peters Creek North Neighborhood Plan are relevant
in the consideration of this application:
. Economic Development Policies:
o Provide for limited industrial development in the vicinity of the Innotech
plant.
Outside Aqency Comments:
None.
Planninq Commission Public Hearinq:
At the Planning Commission's public hearing on July 17,2008, the following was
discussed:
1. Mr. Chrisman expressed a desire to see the design of the warehouse
addition proffered. The applicant agreed to proffer the roof design and
pitch as well as color scheme for the building.
2. Mr. Scholz asked if the addition would impact the operation of the golf
course. Staff responded that no holes would be affected by the proposal.
3. Ms. Valerie Garner (2264 Mattaponi Drive) asked that Proffers 2 through 7
of Ordinance No. 32431-042495 be reinstated. Mr. Talevi stated that
proffered condition no. 6 (a reversion clause) was deemed unlawful by the
Attorney General and could not be reinstated. Staff responded that all
other proffered conditions are no longer relevant due to changes to the
Zoning Ordinance or the surrounding environment. Proffers that remain
relevant have been incorporated into the amended proffers list.
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, SW.
Roanoke, Virginia 24011
Phone: (540) 853-1730 Fax: (540) 853-1230
Q.I!~k,;,8[ey'Qj~.Hfjt;:~J;{~M
Submittal Number: 'Amended Application No.2
Date: !JUI 24, 2008 I
'Reiiiiest~tS;"ctfill~tli8ifa--Iil!.
~~""M.>~~:;;"{'",~>,,?~"~'w~"t-"''Y''''J'~~_..~.~..,,....~..PJ!~~
D Rezoning, Not Otherwise Listed
[8] Rezoning, Conditional
D Rezoning to Planned Unit Development
D Establishment of Comprehensive Sign Overlay District
reropeirti~liifo",!~~i!(i1U
._."""" ~_ :0"'- .. _ __~ . "". "". .. ,~'<<.~
Address: 12353 Highland Farm Road,NW I t;it7\,uc-KclwtiVltil QrciuiUOD CDun~LJidc,Road
[8] Amendment of Proffered Conditions
D Amendment of Planned Unit Development Plan
D Amendment of Comprehensive Sign Overlay District
Official Tax No(s).: TM 6472003, TM 6472001 AND A PORTION OF TM 6472302
E t Sa Z . [8] With Conditions
xis i~g se omng: .. L-1 Light Industrial and ROS Recreation Outdoor <;
(If multiple zones, please manually enter all dlstncts.) , , D Without Conditions
Ordinance No(s). for Existing Conditions (If applicable): INO. 32431-042495 and No. 35539-082001
Requested Zoning: 11-1, Light Industrial I Proposed Land Use: Continuation of Existing Distribution Facilityl Complex
Name: INewbern Properties, LLC '?" ucK.a \Nt! ~1a Ciroup LLG
I Phone Number:' + 1 (540) 777-2020 I
E-Mail: IjesS@jneWbern.com I
I Phone Number:
I E-Mail: I
I
I
Name:
Address:
Applicant's Signature:
Phone Number:' + 1 (540) 774-5326 I
E-Mail: IrCraigheadarchitect@yahoo.com I
Narrative Statement
Purpose
Newbern Properties, LLC, the Owner of2353 Highland Farm Road NW (Tax Map Parcel #
6472001 ) have a revised subdivision map being submitted to the City of Roanoke for a certain
tract of land located in the City of Roanoke containing 2.65 acres after resubdividing. The
additional 1.05 acres being added is being combined from Parcel 3, City of Roanoke (Tax Map
Parcel # 6472302) The parcel will further be subdivided with .97 acres of the additional 1.05
acres being added to Tuckawana Group, LLC at 2361 Tuckawana Circle (Tax Map Parcel #
6472003 ) The owners requests an amendment to the existing proffers along with a rezoning of a
portion of the parcel from ROS (Recreational Outdoor Space) to 1-1 with proffers in order to
allow for the expansion of an existing warehouse distribution facility/ complex.
Introduction
The current property is being used for an existing warehouse distribution! support facility
complex. The current zoning of 1-1 (with proffers) will be maintained through the expansion of
the existing facility. The additional land which is being requested to be rezone from ROS (
Recreational Outdoor Space) to 1-1 ( Light Industrial District) in order to construct and addition
of 12,000 square feet addition ( one story, 23'.0 "eave height tall) to the existing building for
enlargement of the existing warehouse. The proposed development also has a warehouse
connector of800 square feet of warehouse at an eave height of 19'.0". The noted 9500 square
foot office addition ( 2 story, 9500 sf! floor, 26'-011 tall ) is planned as a future phase. This
proposed building has no current proposed timetable of construction. The amendment of the
proffered conditions along with the additional proposed proffered conditions will; in the owners
view, bring the development into the master plan for the area. It will allow for the existing usage
to grow and provide for the tenant to meet their expansion growth plans.
Area and Adjacent Users
The current layout and use of the facility provides for a smooth transition from the ROS (Golf
course) to the I-I use. The addition has been design to minimize the impact of the construction
to the existing golf course and has taken advantage of existing out of bounds area for the second
and Third holes of the Course. The buffer area will allow for minimal impact on the view shed of
the course and the proposed expansion has been presented to the Country Club for their feedback
on the layout. The adjacent property along Highland Farm Road is currently zoned I-I which also
abuts the existing ROS usage.
Conclusions
The Owners seeks the amendment of the existing proffered conditions along with the rezoning of
the additional tracts of land from ROS to I-I ( Conditional) for the entire properties located at
2353 Highland Farm Road, NW. (Tax Map Parcel # 6472001 ) and 2361 Tuckawana Circle,
NW (Tax Map Parcel # 6472003 ). The owners believe the changes requested will be in
conformance with the current zoning and development plan for the area.
Legal Description
BEGINNING at a point 40.00 feet N. 04 29'55" W. from a tree on the easterly side of property ,
being the northeast comer of Lot 2A-l, Blk 20 Arrow Wood, according to a Map
of Record in the Clerk's Office of the Circuit Court for the County of Roanoke,
Virginia, in Deed Book 1618, Page 904, and PB 6, page 93 said place of
beginning being on the easterly line of the said Lot 2A-l; thence a new line from
saidpointN. 3519' 15" W. 136.21 feet, thence anew line S 8911' 38" E 70.09'
to a point; and beginning from said point returning a new line S 89 11' 38" 70.09
feet, thence a new line N. 35 19' 15" W. 184.65 feet to a point, thence a new line
N. 84 18' 09" E. 838.90 feet, thence a new line N. 40 51' 31" E. 43.63 feet to
the Place of BEGINNING.
Proffered Conditions to be Repealed
The applicant requests that the following proffered conditions, enacted by Ordinance No.
32431-042495, be repealed as they pertain to Official Tax No. 6472001:
1. That the property will be developed in substantial conformity with the site plan
prepared by Gifford O. Vernon, AlA, dated 2/8/95, a copy of which is attached
hereto as Exhibit "C," subject to any changes required by the City during site plan
reVIew.
2. The building, as shown on the attached site plan (Exhibit "C"), will be of the
same design, height, color, and materials as the existing brown, metal, pre-
engineered building currently located on the property to the rear of the corporate
offices.
3. There will be no outside storage or display of materials or inventory on the site.
4. No signs other than directional signs will be used on the site.
5. A buffer of at least thirty (30) feet, incorporating as many of the existing trees as
possible, will be established and maintained on the site along the southerly and
westerly property lines and will be supplemented where necessary with pines or
other evergreen trees or shrubs in order to provide effective visual screening from
the adjoining golf course as well as Route 581.
.'1 ~
6. That if no building permit has been issued and no construction commenced within
three (3) years from the date of final rezoning approval, the zoning shall revert to
RM-2 without further action by City Council.
7. That the building to be constructed by Petitioner will be used for storage of
heating and air conditioning parts and supplies.
The applicant requests that the following proffered condition, enacted by Ordinance No.
35539-082001, be repealed as it pertain to Official Tax No. 6472003:
1. No part of the property shall be used for outdoor advertising, mini-warehouses, or
tractor trailer depots and repair facilities.
Proffered Conditions to be Adopted
The applicant requests that the following proffered conditions be substituted and adopted
in place of the proffered conditions set forth above as they pertain to Official Tax Nos.
6472001,6472003, and a portion of 6472302:
1. The property will be developed in substantial conformity with the Development
Plan prepared by Craighead & Associates dated April 30, 2008, a copy of which
is attached to this application as Exhibit C, subject to any changes required by the
City as part of its Comprehensive Development Plan review.
2. There will be no Outdoor Storage on the subject properties.
3. The property will be limited to the following permitted uses:
Business Service Establishment
Office, General or Professional
Office, General or Professional, Large Scale
Manufacturing: General
Educational Facilities, Business School or Non-Industrial Trade School
Educational Facilities, Industrial Trade School
Warehouse
Contractor/Tradesman Shop
Wireless Telecommunication Facility, Stealth
General Business Establishment
Building Supply and Materials, Wholesale
Electrical Component Assembly, Wholesale Distribution
Commercial Printing Establishment
Distribution Center
Laboratory, Testing and Research
4. The new warehouse expansion shall have a similar (roof slope of 3 feet vertical
for every 12 feet horizontal) roof slope and color to the existing facility.
-
.
c$J
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 24th day of April, 1995.
No. 32431-042495.
AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 647, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
WHEREAS, Newbern Properties, L. P., has made application to the
council of the City of Roanoke to have the hereinafter described
property rezoned from
RM-2, Residential Multifamily, Medium
Density District, to LM, Light Manufacturing District, subject to
certain conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving
proper notice to all concerned as required by S36.l-693, Code of
the City of Roanoke (1979), as amended, and after conducting a
public hearing on the matter, has made its recommendation to
Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on April 10, 1995, after due and timely
notice thereof as required by S36 .1-693, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both
for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid
application, the recommendation made to the Council by the Planning
Commission, the City's Comprehensive Plan, and the matters
....-.---...--.----...
e
.
presented at the public hearing, is of the opinion that the
hereinafter described property should be rezoned as herein
provided.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that S36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 647 of the Sectional 1976 Zone Map, City of
Roanoke, be amended in the following particular and no other:
Two tracts of land located on Tuckawana Circle, N.W., being
Lots 1 and 2, Block 20, Map of Arrow Wood Subdivision, and
designated on Sheet No. 647 of the Sectional 1976 Zone Map, City of
Roanoke, as Official Tax Nos. 6472001 and 6472002, be, and are
hereby rezoned from RM-2, Residential Multifamily, Medium Density
District, to LM, Light Manufacturing District, subject to the
proffers contained in the Second Amended Petition filed in the
Office of the City Clerk on March 6, 1995, and that Sheet No. 647
of the Zone Map be changed in this respect.
~~
City Clerk.
"1. ~j..
"7 rA.._ --
ATTEST:
---.---.----.---.-----. ..
--
.
SECOND AMENDED PETITION
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Rezoning of tracts of land lying in the City
of Roanoke, more particularly described as
Lot 1, Block 20 and Lot 2, Block 20, Tuckawana
Circle, NW, Arrow Wood Subdivision, Tax Map
numbers 6472001 and 6472002, respectively,
from RM2 to LM, such rezoning to be subject to
certain conditions.
TO:
THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
The Petitioner, Newbern properties, L.P., has contracted to
purchase from The Fairways Group, formerly U. S. Golf Properties,
L.P., certain land in the City of Roanoke containing approximately
1.46 acres, more or less, located on Lot 1, Block 20, and Lot 2,
Block 20, Tuckawana Circle, NW. Said tracts are currently zoned
RM2. A map of the property to be rezoned is attached hereto as
Exhibi t II A." This purchase agreement is subj ect to the approval. of
this rezoning petition as evidenced by the Petitioner's offer and
The Fairways Group's acceptance, copies of which are attached
hereto as Exhibit "B."
Pursuant to ~ 36.1-690, Code of the City of Roanoke (1979), as
amended, the Petitioner requests that the said property be rezoned
from RM2 District to LM District, subject to certain conditions as
set forth below, for the purpose of expansion of the existing
business located at 2343 Highland Farm Road, NW, City of Roanoke,
immediately adj acent to the lots which are the subj ect of this
rezoning petition. This expansion will include: (1) construction
of a 5,000 square foot metal building for purpose of storing
-. --...------.--.-----.-....
.
--
inventory and parts used in conjunction with the existing Newbern-
Trane business of installing, maintaining and repairing heating and
air-conditioning equipment at commercial/industrial/educational
facilities throughout southwest virginia; and (2) additional
parking spaces necessary for the employees of and visitors to the
Newbern-Trane facility.
The Petitioner believes the rezoning of the said tracts of
land will further the intent and purposes of the City's Zoning
Ordinance and its comprehensive plan, in that it will allow an
existing business to enlarge and improve its existing facilities.
The Petitioner hereby proffers and agrees that if the said
tracts are rezoned as requested, that the rezoning will be subject
to, and that the Petitioner will abide by, the following
conditions:
(1) That the property will be developed in substantial
conformity with the site plan prepared by Gifford O.
Vernon, AlA, dated 2/8/95, a copy of which is attached
hereto as Exhibit" C, 11 subj ect to any changes required by
the City during site plan review.
(2) The building, as shown on the attached site plan (Exhibit
"C"), will be of the same design, height, color, and
materials as the existing brown, metal, pre-engineered
building currently located on the property to the rear of
the corporate offices.
(3) There will be no outside storage or display of materials
or inventory on the site.
2
.-----. .-.-------..-.-------.---.-.....-
.
.
(4) No signs other than directional signs will be used on the
site.
(5) A buffer of at least thirty (30) feet, incorporating as
many of the existing trees as possible, will be
established and maintained on the site along the
southerly and westerly property lines and will be
supplemented where necessary with pines or other
evergreen trees or shrubs in order to provide effective
visual screening from the adjoining golf course as well
as Route 581.
(6) That if no building permit has been issued and no
construction commenced within three (3) years from the
date of final rezoning approval, the zoning shall revert
to RM2 without further action by City Council.
(7) That the building to be constructed by Petitioner will be
used for storage of heating and air conditioning parts
and supplies.
Attached hereto as Exhibit liD" are the names, addresses and
tax numbers of the owner or owners of all lots or property
immediately adjacent to and immediately across a street or road
from the property to be rezoned.
3
.--.-------.---------------------..- ---...-.--.
till
.
WHEREFORE, the Petitioner requests that the above-described
tracts be rezoned as requested in accordance with the provisions of
the Zoning Ordinance of the City of Roanoke.
Dated: March 3, 1995
Respectfully submitted,
NEWBERN PROPERTIES, L.P.
By,j)ft" C c l~di\ 1\
- Of Cou sel v \
David C. Helscher, Esq.
Alton B. Prillaman, Esq.
JOLLY, PLACE, FRALIN & PRILLAMAN, P.C.
H''1.2 Electric Road, S.W.
. Box 20487
<' VA 24018-0049
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1;
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of August, 2001.
Ne. 35539-082001.
AN ORDINANCE to amend 936.1-3, Code ofthe City of Roanoke (1979), as amended, and
Sheet No.647, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the
Ci ty, subj ect to certain conditions pro ffered by the applicant; and dispensing with the second reading
of this ordinance.
WHEREAS, Newbern Properties, LP, has made application to the Council of the City of
Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multifamily,
Medium Density District, to LM, Light Manufacturing District, subject to certain conditions
proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by 936.1-693, Code of the City of Roanoke (1979), as amended, and after
conducting a public hearing on the matter, has made its recommendation to Council; and .
WHEREAS, a public hearing was held by City Council on said application at its meeting on
August 20,2001, after due and timely notice thereof as required by S36.1-693, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an
opportunity to be heard, both for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the recommendation
made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters
presented at the public hearing, is of the opinion that the hereinafter described property should be
... .--.--.-----......---.. .-_..-
e------.. ___n.__
.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.1-3, Code ofthe City of Roanoke (1979), as amended, and Sheet No. 647
of the SectionaU916 Zone Map, City of Roanoke, be amended in the following particular and no
other:
That property located at the terminus of Tuckawana Circle, N.W., containing
approximately 1.67 acres, and designated on Sheet No. 647 ofthe Sectional 1976 Zone Map, City
of Roanoke, as Official Tax. No. 6472003, be, and is hereby rezoned from RM-2, Residential
Multifamily, Medium Density District, to LM, Light Manufacturing District. subject to the proffers
contained in the First Amended Petition filed in the Office of the City Clerk on July 20, 2001, and
that Sheet No. 647 of the Zone Map be changed in this respect.
2. Pursuantto the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATIEA~J ~
City Clerk.
H:\OJID.REZIO-Ra-N....bcnl Prcperli.. (TucUw_Cir.) (PH 1-2~1)
.
.
VIRGINlA:
IN THE COUNCIL OF THE CITY OF ROANOKE
Re: Rezoning of a tract of land at the tenninus of
Tuckawana Circle, designated Official Tax
Number 6472003, from RM-2 Residential
Multifamily, Medium Density District, to LM,
Light Manufacturing District.
)
) 1st AMENDED
) PETITION TO REZONE
)
)
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
1. Newbern Properties, L.P. is a Virginia Limited Partnership
2. Newbern Properties, L.P. is the owner ofa certain property in the City of
Roanoke, Vrrginia, containing approximately 1.67 acres and designated by Official Tax Number
6472003, according to Tax Map records of the City of Roanoke, which fronts on the cul-de-sac at
the southeasterly terminus ofTuckawana Circle, N.W. A sketch of the surrounding lots is
attached as ,Exhibit A and Exhibit A-I.
3. The legal description for the property, within the City of Roanoke, Virginia, is as
follows:
Lot 3, Block 20 Arrow Wood as shown on Map of Arrow
Wood, Property of Arrow Wood Country Club Inc., dated
July 15, 1966, recorded in the Clerk's Office of the Circuit
Court of the County of Roanoke, Virginia, in Plat Book 6,
Pages 93-99.
4. The Property is presently zoned RM-2, Residential Multifamily District, Medium
Density District. The location of the Property and the classification and extent of adjacent zoning
districts are shown on the attached Tax Map sketch in Exhibit A and Exhibit A-I.
5. The Property is currently vacant and without any development. Newbern
Properties, L.P. wishes to construct a distribution facility for the Trane Company and proffers the
.
.
following condition:
" No part of the property shall be used for outdoor advertising, mini-warehouses, or
tractor trailer depots and repair facilities. " .
6. A preliminary development plan is attached as Exhibit B.
7. Newbern Properties, L.P. requests that t.?e Property be rezoned from RM-2,
Residential Multifamily District, Medium density District, to LM, Light Manufacturing District.
8. The Property lies within an Urban Enterprise Zone. The City's Comprehensive
Plan identifies an area which includes the Property for future industrial development. This
rezoning will encourage and promote economic development activities allowing employment
opportunities and enlarging the tax base.
9. The proposed facility and use oftheProperty will not create a nuisance to the
owners and users ofthe adjacent properties and will not create unreasonable demands on public
facilities available to other citizens ofthe City.
10. Attached as Exhibit C are the names and addresses of all owners of property
adjacent to the Property for which the rezoning is requested.
WHEREFORE, Newbern Properties L.P., requests that the above
described Property be rezoned as requested in accordance with applicable provisions ofthe
Zoning Ordiance of the City of Roanoke, submitted this 20 th day of July, 2001.
~
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LIST OF ADJACENT PROPERTY OWNERS
Parcel
2353 Highland Farm Road NW
Current Zoning: I-I
2100 CountrySide Dr. NW
Current Zoning: ROS
Lot 5 Blk 20 Arrow Wood
Current Zoning: I-I
Lot 6 Blk 20 Arrow Wood
Current Zoning: I-I
Lot 7 Blk 20 Arrow Wood
Current Zoning: I-I
Lot 8 Blk 20 Arrow Wood
Current Zoning: I-I
Owner Tax Number
Newbern Properties, LLC Tax # 6472001
2353 Highland Farm Road NW
Roanoke, VA. 24017
City of Roanoke Tax # 6472302
215 Church Avenue SW Room 250
Roanoke, VA. 24011
Commonwealth Development Group Tax # 6472005
of Roanoke, LLC
P.O. Box 6284
Roanoke, VA. 24017
Commonwealth Development Group Tax # 6472006
of Roanoke, LLC
P.O. Box 6284
Roanoke, VA. 24017
Commonwealth Development Group Tax # 6472007
of Roanoke, LLC.
P.O. Box 6284
Roanoke, VA. 24017
Commonwealth Development Group Tax # 6472008
of Roanoke, LLC.
P.O. Box 6284
Roanoke, VA. 24017
NOTICE OF PUBLIC i
HEARING
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .- - - - - - - - - - - - - - + . The Council of the City of '- - - - - - - - - - - -
I Roanoke will hold a pUblic I
hearing on Monday, August,
I ' 18, 2008, at 7:00 p.m., or
as soon thereafter as the
I . matter may be heard, In the
, Council Chamber, fourth
I /' floor, in the Noel C. Taylor
Municipal Building, 215
I' Church Avenue, S.W.,
I Roanoke, Virginia, to
I consider the following:
Request from Newbern
II Properties, LLC, represented
I ' by Ray Craighead, agent, to
repeal proffers accepted by
" City Council in Ordinance No.
32431-042495, for property
I bearing Official Tax No.
I 6472001, .Iocated on
I Tuckawana Circle, N.W.,
. zoned 1-1, Light Industrial
I District, and a proffer
accepted by City Council in.
1',Ordinance No.
I . 35539-082001, for property
bearing Official Tax No.
6472003, located on
I Tuckawana Circle, N.W.,
I zoned 1-1, Light Industrial
District, such proffers to be
I replaced with proffered
conditions that the subject
I ~~o~:t~n~i~1 b~odn~~~::f:~~~:
I with thesile plan prepared
by Craighead and
I Associates, dated April 30,
2008; there will be no
I outdoor storage on the
subject properties; the use
and development of the
property will be limited to:
business service
establishment; general and
professional offices; general.
and professional offices,
large scale; general..
manufacturing; business
school or non-industrial trade
school; Industrial trade
5 c h 00 I i war e h 0 use ;'
contractor/tradesman shop;
s t'e a I t h w ire I e s s
telecommunication facility;
g e n era I bus I n. e s s:
establishment; wholesale
building supply and
materials; electrical
component assembly,
wholesale distribution;
commercial printing
i establishment; distribution
, center; and testing and
research laboratory; and the:
new warehouse expansion'
. shall have a similar (roof
, slope of 3 feet vertical for
I every 12 feet horizontal) roof'
, .slope arid color to the)
existing facility; and that a
1.05 acre portion of property I
bearing Official Tax No..
6472302, be rezoned from
ROS, Recreation and Open
Space District, to 1-1, Light
Industrial District, subject to I
the conditions set forth,
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~"t:J:.~"'NOTARY"'..'.<f~ '-:,.
: ll:J ;' PUBLIC '., :.
= : REG. #7090930 .: * =
= *: MY COMMISSION : '<:(' =
~ ~"'" ffi\~~l ~""~j
"%-~ ".- ,,' ~ ....
TOTAL COST: 660.0 0 ......"~~WiAL-i-~'\)~~,,'..
FILED ON: 08/08/08 't""I1II\\
--------------------------------(-----------------+------------------------
The Roanoke Times
Roanoke, Virginia
Affidavit of publication
The
Roanoke
Times
RAY CRAIGHEAD
PO BOX 4662
2721 BRAMBLETON, SW
ROANOKE VA 24015
REFERENCE:
80118829
11017898
N-Newbern Properties
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
V~nia. Sworn and subscribed before me this
_~~~__day of Aug 2008. Witness my hand and
official seal.
Notary PUUliC
-- 10-'31"'/ .
----------- --
PUBLISHED ON:
08/01
08/08
Authorized ~ . v4-
Signature:_;f~ty_.
(----
- - - - -'--,
'--A copya/tlle application is
available for review in the
Office of the City Clerk"
I Room 456, Noel C. Taylor
:Municlpal Building, 215'
IChurch Avenue, S.W.,
, Roanoke, Virginia. '
All parties in interest and
I citizens may appear on the
above date and be heard on
the matter. If you are a
person with a disability who'
needs accommodations for,
this hearing, please contact
the City Clerk's Office, at
853-2541, before 'noon on
the Thursday before the date'
of the hearing listed above. I
GIVEN under my hand this'
29th day of July, 2008.' I
Stephanie M. Moon, CMC
City Clerk.,
(11017898)
Ii ^
Services Representative
~~~
NOTICE OF PUBLIC HEARING
The Council ofthe City of Roanoke will hold a public hearing on Monday, August 18,2008,
at 7 :00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor,
in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, to consider
the following:
Request from Newbern Properties, LLC, represented by Ray Craighead,
agent, to repeal proffers accepted by City Council in Ordinance No. 32431-
042495, for property bearing Official Tax No. 6472001, located on
Tuckawana Circle, N.W., zoned I-I, Light Industrial District, and a proffer
accepted by City Council in Ordinance No. 35539-082001, for property
bearing Official Tax No. 6472003, located on Tuckawana Circle, N.W.,
zoned I-I, Light Industrial District, such proffers to be replaced with
proffered conditions that the subject property will be developed in substantial
conformance with the site plan prepared by Craighead and Associates, dated
April 30, 2008; there will be no outdoor storage on the subject properties; the
use and development of the property will be limited to: business service
establishment; general and professional offices; general and professional
offices, large scale; general manufacturing; business school or non-industrial
trade school; industrial trade school; warehouse; contractor/tradesman shop;
stealth wireless telecommunication facility; general business establishment;
wholesale building supply and materials; electrical component assembly,
wholesale distribution; commercial printing establishment; distribution
center; and testing and research laboratory; and the new warehouse expansion
shall have a similar (roof slope of3 feet vertical for every 12 feet horizontal)
roof slope and color to the existing facility; and that a 1.05 acre portion of
property bearing Official Tax No. 6472302, be rezoned from ROS,
Recreation and Open Space District, to I-I, Light Industrial District, subject
to the conditions set forth above.
A copy of the application is available for review in the Office ofthe City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter.
If you are a person with a disability who needs accommodations for this hearing, please contact the
City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed
above.
Newbern Properties-amend proffers.doc
GIVEN under my hand this 29t~ay of July
. Newbern Properties-amend proffers.doc
,2008.
Stephanie M. Moon, CMC
City Clerk.
Notice to Publisher:
Publish in the Roanoke Times on Friday, August I, 2008 and Friday, August 8, 2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 240 II
(540) 853-2541
N-Newbem Properties-amend proffers 8-18-08.doc
Send Bill to:
Ray Craighead and Associates
2721 Brambleton Avenue
Roanoke, Virginia 24015
(540) 774-5326
rcraigheadarchitect@yahoo.com
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
STEPHANIE M. MOON, CMC E-mail: clerk@roanokeva.gov
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
August 1, 2008
Ray Craighead, Agent
Craighead and Associates, Architects
2721 Brambleton Avenue, S. W.
Roanoke, Virginia 24015
Dear Mr. Craighead:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for
Monday, August 1 8, 2008, at 7:00 p.m., or as soon thereafter as the matter may
be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 21 5 Church Avenue, S. W., on the request of Newbern Properties, LLC, to
repeal proffers as set forth in Ordinance Nos. 32431-042495 and 35539-082001,
on properties located on Tuckawana Circle, N. W., zoned 1-1, Light Industrial
District, be replaced with proffered conditions; and that a 1.05 acre portion of
property located on Countryside Drive, N. W., be rezoned from ROS, Recreation
and Open Space District, to 1-1, Light Industrial District, subject to the proffered
conditions as set forth in the Second Amended Application filed with the
Department of Planning Building and Development on July 24.
For your information, I am enclosing copy of a notice of public hearing. Please
review the document and if you have questions, you may contact Steven J. Talevi,
Assistant City Attorney, at 540-853-2431.
Ray Craighead
August 1, 2008
Page 2
It will be necessary for you, or your designee, to be present at the August 18
public hearing. Failure to appear could result in a deferral of the matter until
a later date.
Sincerely,
{~~~~~
City Clerk
SMM:ew
Enclosure
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
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 1, 2008
Commonwealth Development Group of Roanoke, LLC
SRC Virginia, Inc.
Rafan, LLC
Mr. and Mrs. Calvin Powers
Valerie Garner, Co-Chair
Countryside Neighborhood Alliance
Adjoining Property Owners:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Monday, August 18, 2008, at 7:00 p.m., or as soon thereafter as the matter may
be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., on the request of Newbern Properties, LLC, to
repeal proffers as set forth in Ordinance Nos. 32431-042495 and 35539-082001,
on properties located on Tuckawana Circle, N. W., zoned 1-1, Light Industrial
District, be replaced with proffered conditions; and that a 1.05 acre portion of
property located on Countryside Drive, N. W., be rezoned from ROS, Recreation
and Open Space District, to 1-1, Light Industrial District, subject to the proffered
conditions as set forth in the Second Amended Application filed with the
Department of Planning Building and Development on July 24.
This letter is provided for your information as an interested property owner and/or
adjoining property owner. If you have questions with regard to the matter, please
contact the Department of Planning, Building and Development at 540-853-1730.
Adjoining Property Owners
August 1, 2008
Page 2
If you would like to receive a copy of the report of the City Planning Commission,
please contact the City Clerk's Office at 540-853-2541.
Sincerely,
~'fn.,~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
pc: Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Henry Scholz, Chair, City Planning Commission,
Martha P. Franklin, Secretary, City Planning Commission
Nancy C. Snodgrass, Zoning Administrator
AFFIDAVIT PERTAINING TO THE REZONING REQUEST AND AMENDMENT OF PROFFERS
OF:
Newbern Properties LLC and Tuckawana Group, LLC, repealing )
certain conditions and rezoning from I-I (c) and ROS to I-I, )AFFIDAVIT
Tax Nos. 6472001, 6472003 and 6472302, on Tuckawana Circle )
Highland Farm Road and Countryside Drive, NW )
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
)
) TO- WIT:
)
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke
City Planning Commission, and as such is competent to make this affidavit of her own personal
knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia,
(1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by
first-class mail on the 2nd day of June, 2008, notices of a public hearing to be held on the 19th day of
June, 2008, on the request captioned above to the owner or agent ofthe parcels as set out below:
Tax No.
6472301
6520101
6472005
6472006
6472007
6472008
6471908
6472101
6471812
6520101
Name
Mailing Address
Applicant
Commonwealth Development
Group of Roanoke LLC
POBox 6284
Roanoke, VA 24017
SRC Virginia Inc.
2206 Montauk Road, NW
Roanoke, VA 24017
Rafan LLC
POBox 6284
Roanoke, VA 24017
Calvin and Mary Powers
POBox 12068
Roanoke, VA 24022
Notice also sent to: Valerie Garner, co-chair, Countryside Neighborhood Alliance, 2265 Mattaponi
Drive, Roanoke, VA 24017
~~jJau cfif7~
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 2nd
day of June, 2008.
AFFIDAVIT PERTAINING TO THE REZONING REQUEST AND AMENDMENT OF PROFFERS
OF:
Newbern Properties LLC and Tuckawana Group, LLC, repealing
certain conditions and rezoning from I-l(c) and ROS to I-I,
Tax Nos. 6472001, 6472003 and 6472302, on Tuckawana Circle
Highland Farm Road and Countryside Drive, NW
)
)AFFIDAVIT
)
)
)
) TO-WIT:
)
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke
City Planning Commission, -and as such is competent to make this affidavit of her own personal
knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia,
(1950), as amended, on behalf of the Planning Commission ofthe City of Roanoke, she has sent by
first-class mail on the 30th day of July, 2008, notices of a public hearing to be held on the 17'h day of
July, 2008, on the request captioned above to the owner or agent of the parcels as set out below:
Tax No.
6472301
6520101
6472005
6472006
6472007
6472008
6471908
6472101
6471812
6520101
Name
Mailing Address
Applicant
Commonwealth Development
Group of Roanoke LLC
POBox 6284
Roanoke, VA 24017
SRC Virginia Inc. ~
2206 Montauk Road, NW
Roanoke, VA 24017
Rafan LLC
POBox 6284
Roanoke, VA 24017
Calvin and Mary Powers
POBox 12068
Roanoke, VA 24022
Notice also sent to: Valerie Gamer, co-chair, Countryside Neighborhood Alliance, 2265 Mattaponi
Drive, Roanoke, VA 24017
~w 4u t7Y~
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 30th
day of June, 2008. /I / /J./1/7 1-.
".
Planning Building and Development
Memorandum
TO:
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
FROM:
Martha P. Franklin, Secretary, City Planning Commission
DATE:
May 28, 2008
SUBJECT: Amended Application No. 1- Newbern properties, LLC.
Attached please find Amended Application No. 1 filed on May 28~, 2008. The
amended application reflects clarification of the proffers set forth in the first
application.
Please contact Maribeth at 1502 if questions. Thank you.
If
attachme.,R(
cc: v5tephanie Moon, City Clerk (w/a)
Susan Johnson, City Attorney's office
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Department of Planning, Building and Development
Room 166. Noel C. Taylor Municipal Building
215 Church Avenue, SW.
Roanoke, Virginia 24011
Phone: (540) 853-1730 Fax: (540) 853-1230
r'GIicf<Her.e'toPrt~l'::' '.,
Date: IMay 23. 2008 I
!!L.eq!~~;~(~.I~~';~I~~!!I!~~~pjli~;ii
~ Rezoning, Not Otherwise Usted
o Rezoning, Conditional
o Rezoning to Planned Unit Development
o Establishment of Comprehensive Sign Overlay District
fjiOp~rilfoiiiiilloli!fAl
Address: 12353 Highland Farm Road, NW
Official Tax No(s).: ~M 6472003. TM 6472001 AND A PORTION OF TM 6472302
Existing Base Zoning: 11-1 L' ht I d st' I
(If multiple zones, please manually enter all districts.) . Ig n u na
Ordinance No(s). for Existing Conditions (If applicable): INO 32437-<>42495
Requested Zoning: 11-1, Light Industrial I Proposed Land Use: Continuation of Existing Distribution Facility/ Complex
:p,".. .ii' 'ft
Submittal Number: IAmended Application No.1
~ Amendment of Proffered Conditions
o Amendment of Planned Unit Development Plan
o Amendment of Comprehensive Sign Overlay District
I ~ With Conditions
o Without Conditions
Name: INewbern Properties. LLC
I Phone Number: I + 1 (540) 777-2020 I
E-Mail: ~esS@jnewbem.com I
Name:
I Phone Number:
I E-Mail: I
I
I
Address:
Applicant's Signature:
Phone Number: I + 1 (540) 774-5326 I
E-Mail: Ircraigheadarchitect@yahoo.com I
Narrative Statement
Purpose
Newbern Properties, LLC, the Owner of2353 Highland Farm Road NW (Tax Map Parcel #
6472001 ) have a revised subdivision map being submitted to the City of Roanoke for a certain
tract of land located in the City of Roanoke containing 2.65 acres after resubdividing. The owner
requests an admendment to the existing proffers along with a rezoning of a portion of the parcel
from ROS ( Recreational Outdoor Space.) to 1-1 with proffers in order to allow for the expansion
of an existing warehouse distribution facility/ complex.
Introduction
The current property is being used for an existing warehouse distribution! support facility
complex. The current zoning of 1-1 (with proffers) will be maintained through the expansion of
the existing facility. The additional land which is being requested to be rezone from RSO (
Recreational Outdoor Space) to 1-1 ( Light Industrial District) in order to construct and addition
of 5786 square feet addition ( one story, 19'-0 " taIl ) to the existing building for enlargement of
the existing warehouse. The proposed 6600 square foot stand alone addition would also provide
approximately 4600 square feet of warehouse with 2000 square feet of office support space for
the same usage as the main building. The tenant is under the wnbrella of the primary tenant. The
noted 9500 square foot addition (2 story, 9500 sfl fir, 26'-0" taIl ) is planned as a future phase.
The noted "infield " addition between the existing building and the stand alone building is also
for a future phase. Neither of these two proposed buildings have a currently proposed timetable
of construction. The removal of the proffered conditions and the replacement of the proposed
proffered conditions will; in the owners view, bring the development into the master plan for the
area. It will allow for the existing usage to grow and provide for the tenant to meet their
expansion growth plans.
Area and Adj~cent Usen
The current layout and use of the faciltiy provides for a smooth transition from the ROS ( Golf
course) to the 1-1 use. The addition has been design to minimize the impact of the construction
to the existing golf course and has taken advantage of existing out of bounds area for the second
and Third holes of the Course. The buffer area will allow for minimal impact on the view shed of
the course and the proposed expansion has been presented to the Country Club for their feedback
on the layout. The adjacent property along Highland Farm Road is currently zoned 1-1 which also
abuts the existing ROS usage.
Conclusions
The Owner seeks the removal of the existing proffered conditions along with the rezoning of the
additional tract ofIand form ROS to 1-1 (Conditional) for the entire property located at 2353
Highland Farm Road, NW. (Tax Map Parcel # 6472001 ). The owner believes the changes
requested will be in conformance with the current zoning and development plan for the area.
Legal Description
BEGINNING at a point 40.00 feet N. 0429'55" W. from a tree on the easterly side of property ,
being the northeast corner of Lot 2A-l, Blk 20 Arrow Wood, according to a Map
of Record in the Clerk's Office of the Circuit Court for the County of Roanoke,
Virginia, in Deed Book 1618, Page 904, and PB 6, page 93 said place of
beginning being on the easterly line of the said Lot 2A-l; thence a new line from
said point N. 35 19' 15" W. 136.21 feet, thence a new line S 89 11' 38" E 70.09'
to a point; and beginning from said point returning a new line S 89 II' 38" 70.09
feet, thence a new line N. 35 19' 15" W. 184.65 feet to a point, thence a new line
N. 84 18' 09" E. 838.90 feet, thence a new line N. 40 51' 31" E. 43.63 feet the
Place of BEGINNING.
"',./'~
j.
Proffered Conditions
The applicant requests that the following proffered conditions, enacted by Ordinance No.
3243~042495, be repealed as they pertain to Official Tax No. 6472001:
t
1. That the property will be developed in substantial conformity with the site plan
prepared by Gifford O. Vernon, AlA, dated 2/8/95, a copy of which is attached
hereto as Exhibit "C," subject to any changes required by the City during site p!an
reVIew.
2. The building, as shown on the attached site plan (Exhibit "C"), will be of the same
design, height, color, and materials as the existing brown, metaI, pre-engineered
building currently located on the property to the rear of the corporate offices.
3. There will be no outside storage or display of materials or inventory on the site.
4. No signs other than directional signs will be used on the site.
5. A buffer of at least thirty (30) feet, incorporating as many of the existing trees as
possible, will be established and maintained on the site along the southerly and
westerly property lines and will be supplemented where necessary with pines or
other evergreen trees or shrubs in order to provide effective visual screening from
the adjoining golf course as well as Route 581.
6. That if no building permit has been issued and no construction commenced within
three (3) years from the date of final rezoning approval, the zoning shall revert to
RM-2 without further action by City Council.
7. That the building to be constructed by Petitioner will be used for storage of
heating and air conditioning parts and supplies.
The applicant requests that the following proffered condition, enacted by Ordinance No.
35539-082001, be repealed as it pertain to Official Tax No. 6472003:
1. No part of the property shall be used for outdoor advertising, mini-warehouses, or
tractor trailer depots and repair facilities.
) The applicant requests that the following proffered conditions be substituted and adopted
in place of the proffered conditions set forth above as they pertain to Official Tax Nos.
6472001,6472003, and a portion of 6472302:
1. The property will be developed in substantial conformity with the Development
Plan prepared by Craighead & Associates dated April 30, 2008, a copy of which is
attached to this application as Exhibit C, subject to any changes required by the
City as part of its Comprehensive Development Plan review.
2. There will be no Outdoor Storage on the subject properties.
3. The property will be limited to the following permitted uses:
Business Service Establishment
Office, General or Professional
Office, General or Professional, Large Scale
Manufacturing: General
Educational Facilities, Business School or Non-Industrial Trade School
Educational Facilities, Industrial Trade School
Warehouse
Contractor/Tradesman Shop
Wireless Telecommunication Facility, Stealth
General Business Establishment
Building Supply and Materials, Wholesale
Electrical Component Assembly, Wholesale Distribution
Commercial Printing Establishment
Distribution Center
Laboratory , Testing and Research
#
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 24th day of April. 1995.
No. 32431-042495.
AN ORDINANCE to amend S36.l-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 647, Sectional 1976 Zone Map,
Ci ty of Roanoke, to rezone certain property wi thin the City,
subject to certain conditions proffered by the applicant.
WHEREAS, Newbern Properties, L. P., has made application to the
Council of the City of Roanoke to have the hereinafter described
property rezoned from RM-2, Residential Multifamily, Medium
Density District, to LM, Light Manufacturing District, subject to
certain conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving
proper notice to all concerned as required by 536.1-693, Code of
the City of Roanoke (1979), as amended, and after conducting a
public hearing on the matter, has made its recommendation to
Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on April 10, 1995, after due and timely
notice thereof as required by 536.1-693, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both
for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid
application, the recommendation made to the Council by the Planning
Commission, the City's Comprehensive Plan, and the matters
presented at the public hearing, is of the opinion that the
hereinafter described property should be rezoned as herein
provided.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that S36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 647 of the Sectional 1976 Zone Map, City of
Roanoke, be amended in the following particular and no other:
Two tracts of land located on Tuckawana Circle, N.W., being
Lots 1 and 2, Block 20, Map of Arrow Wood Subdivision, and
designated on Sheet No. 647 of the Sectional 1976 Zone Map, City of
Roanoke, as Official Tax Nos. 6472001 and 6472002, be, and are
hereby rezoned from RM-2, Residential Multifamily, Medium Density
District, to LM, Light Manufacturing District, subject to the
proffers contained in the Second Amended Petition filed in the
Office of the City Clerk on March 6, 1995, and that Sheet No. 647
of the Zone Map be changed in this respect.
~~
City Clerk.
9.P~.
ATTEST:
SECOND AMENDED PETITION
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Rezoning of tracts of land lying in the City
of Roanoke, more particularly described as
Lot 1, Block 20 and Lot 2, Block 20, Tuckawana
Circle, NW, Arrow Wood Subdivision, Tax Map
numbers 6472001 and 6472002, respectively,
from RM2 to LM, such rezoning to be subject to
certain conditions.
TO:
THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OP ROANOKE:
The Petitioner, Newbern Properties, L.P., has contracted to
purchase from The Fairways Group, formerly U. S. Golf Properties,
L.P., certain land in the City of Roanoke containing approximately
1.46 acres, more or less, located on Lot 1, Block 20, and Lot 2,
Block 20, Tuckawana Circle, NW. Said tracts are currently zoned
RM2. A map of the property to be rezoned is attached hereto as
Exhibit IIA. II This purchase agreement is subject to the approval of
this rezoning petition as evidenced by the Petitioner's offer and
The Fairways Group's acceptance, copies of which are attached
hereto as Exhibit IIB.II
Pursuant to ~ 36.1-690, Code of the City of Roanoke (1979), as
amended, the Petitioner requests that the said property be rezoned
fromRM2 District to LM District, subject to certain conditions as
set forth below, for the purpose of expansion of the existing
business located at 2343 Highland Farm Road, NW, City of Roanoke,
immediately adjacent to the lots which are the subject of this
rezoning petition. This expansion will include: (1) construction
of a 5,000 square foot metal building for purpose of storing
inventory and parts used in conjunction with the existing Newbern-
Trane business of installing, maintaining and repairing heating and
air-conditioning equipment at commercial/industrial/educational
facilities throughout southwest Virginia; and (2) additional
parking spaces necessary for the employees of and visitors to the
Newbern-Trane facility.
The Petitioner believes the rezoning of the said tracts of
land will further the intent and purposes of the City's Zoning
Ordinance and its comprehensive plan, in that it will allow an
existing business to enlarge and improve its existing facilities.
The petitioner hereby proffers and agrees that if the said
tracts are rezoned as requested, that the rezoning will be subject
to, and that the Petitioner will abide by, the following
conditions:
(1) That the property w~ll be developed in substantial
conformity with the site plan prepared by Gifford O.
Vernon, AlA, dated 2/8/95, a copy of which is attached
hereto as Exhibit "C," subject to any changes required by
the City during site plan review.
(2) The building, as shown on the attached site plan (Exhibit
"C"), will be of the same design, height, color, and
materials as the existing brown, metal, pre-engineered
building currently located on the property to the rear of
the corporate offices.
(3) There will be no outside storage or display of materials
or inventory on the site.
2
(4) No signs other than directional signs will be used on the
site.
(5) A buffer of at least thirty (30) feet, incorporating as
many of the existing trees as possible, will be
established and maintained on the site along the
southerly and westerly property lines and will be
supplemented where necessary with pines or other
evergreen trees or shrubs in order to provide effective
visual screening from the adjoining golf course as well
as Route 581.
(6) That if no building permit has been issued and no
construction commenced within three (3) years from the
date of final rezoning approval, the zoning shall revert
to RM2 without further action by City Council.
(7) That the building to be constructed by Petitioner will be
used for storage of heating and air conditioning parts
and supplies.
Attached hereto as Exhibit "D" are the names, addresses and
tax numbers of the owner or owners of all lots or property
immediately adjacent to and immediately across a street or road
from the property to be rezoned.
3
WHEREFORE, the Petitioner requests that the above-described
tracts be rezoned as requested in accordance with the provisions of
the Zoning Ordinance of the City of Roanoke.
Dated: March 3, 1995
Respectfully submitted,
NEWBERN PROPERTIES, L.P.
By, ~~ ~~u~iL~;\.1\
David C. Helscher, Esq.
Alton B. Prillaman, Esq.
JOLLY, PLACE, FRALIN & PRILLAMAN, P.C.
3912 Electric Road, S.W.
P. O. Box 20487
Roanoke, VA 24018-0049
(703) 989-0000
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
,
The 20th day of August, 2001.
No. 35539-082001.
AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke (1979), as amended, and
Sheet No.647, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the
City, subj ect to certain conditions proffered by the applicant; and dispensing with the second reading
of this ordinance.
WHEREAS, Newbern Properties, LP, has made application to the Council of the City of
Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multifamily,
Medium Density District, to LM, Light Manufacturing District, subject to certain conditions
proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by ~36.1-693, Code of the City of Roanoke (1979), as amended, and after
conducting a public hearing on the matter, has made its recommendation to Council; and .
WHEREAS, a public hearing was held by City Council on said application at its meeting on
August 20,2001, after due and timely notice thereof as required by ~36.1-693, Code oithe City of
Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an
opportunity to be heard. both for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the recommendation
made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters
presented at the public hearing, is of the opinion that the hereinafter described property should be
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 647
of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no
other:
That property located at the terminus of Tuckawana Circle, N.W., containing
approximately 1.67 acres, and designated on Sheet No. 647 ofthe Sectional 1976 Zone Map, City
of Roanoke, as Official Tax No. 6472003, be, and is hereby rezoned from RM-2, Residential
Multifamily, Medium Density District, to LM, Light Manufacturing District, subject to the proffers
contained in the First Amended Petition filed in the Office of the City Clerk on July 20, 2001, and
that Sheet No. 647 of the Zone Map be changed in this respect.
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: ~
rn.~lr~
City Clerk.
H:\oIIJ).REZ\O.Ila-Ncwberll ~ (T-- Clr.) (PH 1-10-(1)
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
Re: Rezoning of a tract of land at the tenninus of
Tuckawana Circle, designated Official Tax
Number 6472003, from RM-2 Residential
Multifamily, Medium Density District, to LM,
Light Manufacturing District.
)
) 1st AMENDED
) PETITION TO REZONE
)
)
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
1. Newbern Properties, L.P. is a Virginia Limited Partnership
2. Newbern Properties, L.P. is the owner ofa certain property in the City of
Roanoke, Virginia, containing approximately 1.67 acres and designated by Official Tax Number
6472003, according to Tax Map records of the City of Roanoke, which fronts on the cul-de-saC at
the southeasterly terminus ofTuckawana Circle, N.W. A sketch of the surrounding lots is
attached as Exhibit A and Exhibit A-I.
3. The legal description for the property, within the City of Roanoke, Virginia, is as
follows:
Lot 3, Block 20 Arrow Wood as shown on Map of Arrow
Wood, Property of Arrow Wood Country Club Inc., dated
July IS, 1966, recorded in the Clerk's Office of the Circuit
Court of the County of Roanoke, Vlfginia, in Plat Book 6,
Pages 93-99.
4. The Property is presently zoned RM-2, Residential Multifamily District, Medium
Density District. The location of the Property and the classification and extent of adjacent zoning
districts are shown on the attached Tax Map sketch in Exhibit A and Exhibit A-I.
5. The Property is currently vacant and without any development. Newbern
Properties, L.P. wishes to construct a distribution facility for the Trane Company and proffers the
following condition:
" No part of the property shall be usedfor outdoor advertising, mini-warehouses. or
tractor trailer depots and repair facilities. " .
6. A preliminary development plan is attached as Exhibit B.
7. Newbern Properties, L.P. requests that ~he Property be rezoned from RM-2,
Residential Multifamily District, Medium density District, to LM, Light Manufacturing District.
8. The Property lies within an Urban Enterprise Zone. The City's Comprehensive
Plan. identifies an area which includes the Property for future industrial development. This
rezoning will encourage and promote economic development activities allowing employment
opportunities and enlarging the tax base.
9. The proposed facility and use of the Property will not create a nuisance to the
owners and users ofthe adjacent properties and will not create unreasonable demands on public
facilities available to other citizens of the City.
10. Attached as Exhibit C are the names and addresses of all owners of property
adjacent to the Property for which the rezoning is requested.
WHEREFORE, Newbern Properties L.P., requests that the above
described Property be rezoned as requested in accordance with applicable provisions of the
Zoning Ordiance of the City of Roanoke, submitted this 20 th day ofJuly, 2001.
Resp
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CRAIGHEAD
4
ASSOCIATES
Architects, Designers, Construction Managers
May 23, 2008
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, SW
Roanoke, VA. 24011
ATTN: Ms. Nancy Snodgrass, Zoning Administrator
RE: Buffer Waiver
Proposed Site Development for
Trane Warehouse and Support Facility
2353 Highland Farm Road
Roanoke, VA.
Dear Nancy,
This letter is to request a waiver of the requirement of a 6' fencing in order to reduce the " D"
buffer requirement in order to reduce the buffer to 15'. The existing topography is such that the
fencing screen would not provide any reduction of the view of the facility other than a wall of the
building. The floor line would be approximately 8'-10' above the grade at the buffer line. We
respectfully request ~ omission of the fencing and will proffer the addition of evergreen shrubs/
trees to provide thr'crbening intended.
/. /
P 'th ' /. L.
ase c / ly'questIons.
/ /T /j
Y crJg..h~. ~O'/ j. /' '/
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file: ~ /~buffer .
City V
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RAY CRAIGHEAD. ARCHITECT' 2721 BRAMBLETON AVENUE. S.W. . P.O. BOX 4662. ROANOKE. VA. 24015. (540) 774-5326
CRAIGHEAD
4
ASSOCIATES
Architects, Designers, Construction Managers
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RAY CRAIGHEAD. ARCHITECT' 2721 BRAMBLETON AVENUE. S.W. . P.O. BOX 4662 . ROANOKE. VA, 24015. (5401774-5326
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LIST OF ADJACENT PROPERTY OWNERS
Parcel
2353 Highland Farm Road NW
Current Zoning: 1-1
2100 CountrySide Dr. NW
Current Zoning: ROS
Lot 5 Blk 20 Arrow Wood
Current Zoning: 1-1
Lot 6 Blk 20 Arrow Wood
Current Zoning: 1-1
Lot 7 Blk 20 Arrow Wood
Current Zoning: 1-1
Lot 8 Blk 20 Arrow Wood
Current Zoning: 1-1
Owner Tax Number
Newbern Properties, LLC Tax # 6472001
2353 Highland Farm Road NW
Roanoke, VA. 24017
City of Roanoke Tax # 6472302
215 Church Avenue SW Room 250
Roanoke, VA. 24011
Commonwealth Development Group Tax # 6472005
of Roanoke, LLC
P.O. Box 6284
Roanoke, VA. 24017
Commonwealth Development Group Tax # 6472006
of Roanoke, LLC
P.O. Box 6284
Roanoke, VA. 24017
Commonwealth Development Group Tax # 6472007
of Roanoke, LLC.
P.O. Box 6284
Roanoke, VA. 24017
Commonwealth Development Group Tax # 6472008
of Roanoke, LLC.
P.O. Box 6284
Roanoke, VA. 24017
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 19, 2008
Ray Craighead, Agent
Craighead and Associates, Architects
2721 Brambleton Avenue, S. W.
Roanoke, Virginia 24015
Dear Mr. Craighead:
I am enclosing copy of Ordinance No. 38201-081808 repealing Ordinance No.
27832 adopted October 21, 1985, to the extent that it placed certain
conditions on a portion (now Official Tax No. 1300517) of Official Tax No.
1300532 located at 2824 Franklin Road, S. W., and rezoning a portion of
property being Official Tax No. 1300533, from R-12, Residential Single Family
District, and CG, Commercial General District, with proffers, to CG, Commercial
General District, with proffers as set forth in the Zoning Amended Application
No.1 dated June 13, 2008.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 18, 2008, and is in full
force and effect upon its passage.
Sincerely,
· h? ~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosure
Ray Craighead, Agent
August 19, 2008
Page 2
pc: Mr. and Mrs. James Dollman, P. O. Box 21133, Roanoke, Virginia 24018
Mr. Terry L. St.Clair, P. O. Box 12961, Roanoke, Virginia 24030
Mr. and Mrs. Richard Hale, 2815 Stephenson Avenue, S. W., Roanoke,
Virginia 24014
Terrier, LLC, 2743 Franklin Road, S. W., Roanoke, Virginia 24014
Mr. and Mrs. J. Keith Bohon, 7018 Highfields Farm Drive, S. W., Roanoke,
Virginia 24018
Mr. and Mrs. Mark Finkler, 7018 Highfields Farm Drive, S. W., Roanoke,
Virginia 24018
Mr. Mark R. Finkler, 2814 Franklin Road, S. W., Roanoke, Virginia 24014
Mr. and Mrs. George Drates, P. O. Box 35370, Louisville, Kentucky
40232
Carilion Services, Inc., 213 Jefferson Street, S. W., Suite 720, Roanoke,
Virginia 24011
Bill Thomasson, President, Neighbors in South Roanoke, 2621 Crystal
Spring Avenue, S. W., Roanoke, Virginia 24014
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Susan S. Lower, Director, Real Estate Valuation
Philip C.Schirmer, PE, LS, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
Nancy C. Snodgrass, Zoning Administrator
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38201-081808.
AN ORDINANCE to amend S 36.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, by repealing Ordinance No. 27832, adopted October 21, 1985, to the
extent that it placed certain conditions on a portion (now Official Tax No. 1300517) of
Official Tax No. 1300532; and rezoning certain property within the City, from R-12,
Residential Single Family District, and CG, Commercial General District, with proffers,
to CG, Commercial General District, with proffers; and dispensing with the second
reading of this ordinance by title.
WHEREAS, Samsam, LLC, represented by Ray Craighead, agent, has filed an
application to the Council of the City of Roanoke to repeal certain conditions presently
binding upon a tract ofland described as Official Tax No. 1300517, which property was
previously conditionally rezoned by the adoption of Ordinance No. 27832, adopted on
October 21, 1985;
WHEREAS, the applicant also seeks in such application to have a portion of the
property bearing Official Tax No. 1300517, located at 2824 Franklin Road, S.W., and a
portion of property bearing Official Tax No. 1300533, rezoned from R-12, Residential
Single Family District, and CG, Commercial General District, with proffers, to eG,
Commercial General District, with proffers as set forth in the Zoning Amended
Application No. 1 dated June 13, 2008;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by g 36.2-540, Code of the City of Roanoke (1979), as amended,
O-Samsam-rezone, repeal & amend proffers.doc
1
and after conducting a public hearing on the matter, has made its recommendation to City
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on August 18, 2008, after due and timely notice thereof as required by S 36.2-
540, Code of the City. of Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both for and against the
proposed amendment; and
WHEREAS, City Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity, convenience, general welfare and good zoning practice, require the repeal of
Ordinance No. 27832, adopted on October 21, 1985, to the extent that it placed certain
conditions on a portion (now Official Tax No. 1300517) of Official Tax No. 1300532; the
rezoning of a portion of the property bearing Official Tax No. 1300517, located at 2824
Franklin Road, S.W.; and the rezoning of a portion of property bearing Official Tax No.
1300533, from R-12, Residential Single Family District, and CG, Commercial General
District, with proffers, to CG, Commercial General District, with proffers as set forth in
the Zoning Amended Application No. 1 dated June 13, 2008.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Ordinance No. 27832, adopted on October 21, 1985, to the extent that it
placed certain conditions on a portion (now Official Tax No. 1300517) of Official Tax
No. 1300532, is hereby REPEALED, and that the Official Zoning Map, City of Roanoke,
Virginia, dated December 5, 2005, as amended, be amended to reflect such action.
J
O-Samsam-rezone, repeal & amend proffers.doc
2
2. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that property bearing Official Tax No. 1300517, with the
exception of the 1,646 square foot southeastern comer of such lot, be rezoned from R -12,
Residential Single Family District, and CG, Commercial General District, with proffers,
to CG, Commercial General District, with proffers as set forth in the Zoning Amended
Application No.1 dated June 13, 2008.
3. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the O(ficial Zoning Map, City of Roanoke, Virginia, dated- December 5, 2005, as
amended, be amended to reflect that the 6,411 square foot northern portion of Official
Tax No. 1300533 be rezoned from R-12, Residential Single Family District, and CG,
Commercial General District, with proffers, to CG, Commercial General District, with
proffers as set forth in the Zoning Amended Application No.1 dated June 13, 2008.
4. Pursuant to the provisions of S 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
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O-Samsam-rezone, repeal & amend proffers. doc
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CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@ci.roanoke.va.us
Architectural Review Board
Board of Zoning Appcals
Planning Commission
August 18, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member.
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Request from Samsam, LLC, represented by Ray
Craighead, agent, to rezone a portion of property bearing
Official Tax No. 1300517, located at 2824 Franklin Road,
S.W., and a portion of property bearing Official Tax
No. 1300533, located on Wildwood Road, S.W., from R-12,
Residential Single Family District, and CG, Commercial
General District, to CG, Commercial General District, subject
to the following conditions: -(1) the property will be
developed in substantial conformity with the development
plan, titled Proposed Alterations for Valley BMW Roanoke,
prepared by Craighead & Associates, dated May 23, 2008;
and (2) that no excavation, leveling, or removal of trees shall
occur in the area beyond the stream bank which adjoins the
surface parking lot; for the purpose of allowing the current
use of motor vehicle sales to continue, and that proffers set
forth in Ordinance No. 27832, dated October 21, 1985, be
repealed.
Planning Commission Hearing and Recommendation
Planning Commission public hearing was held on Thursday, July 17, 2008. Bya
vote of 7-0, .the Commission recommends that City Council approve the request.
The Commission finds the application to rezone the R-12 portions of the site to
CG and amend the proffered conditions associated with the property to be
consistent with the City's Zoning Ordinance, Comprehensive Plan, Franklin-
Colonial Area Plan, and the South Roanoke Neighborhood Plan. The application
allows for the expansion of an existing business. while maintaining the steep
Members of City Council
Page 2
August 18,2008
slope and vegetation that buffers adjoining residents from the commercial
development along Franklin Road.
Respectfully submitted,
~~
Henry Scholz, Chairman
Roanoke City Planning Commission
cc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager
Applicant
Members of City Council
Page 3
August 18,2008
Application Information
Request: Conditional Rezoning and Amendment of Proffered
Conditions (Ordinance No. 27832-112185)
Owner/Applicant: SAMSAM, LLC
Representative: Ray CraiQhead, Craighead & Associates
City Staff Person: Maribeth B. Mills
Site Address/Location: 2824 Franklin Road SW
Official Tax Nos.: Portion of 1300517 and 1300533
Site Area: 1 .4267 Acres
Existing Zoning: CG, Commercial General with Proffered Conditions and
R-12, Residential SinQle-Family
Proposed Zoning: CG, Commercial General with Proffered Conditions
ExistinQ Land Use: Motor Vehicle Sales and Service Establishment, New
Proposed Land Use: Motor Vehicle Sales and Service Establishment, New
Neighborhood Plan: Franklin-Colonial Area Plan and South Roanoke
Neighborhood Plan
Specified Future Land General Commercial and Single-Family Residential
Use:
Filing Date: Original Application: May 1, 2008; Amended Application
NO.1: June 13, 2008
Background
In October 1985, City Council adopted Ordinance No. 27832 rezoning a portion
of Official Tax No. 1300517 (at that time broken into three parcels) from RS-3,
Residential Single-Family District, to C-2, General Commercial District with
proffered conditions, for the expansion of a motor vehicle sales and service
establishment. The parcel was split zoned, leaving the back portion of the
property as RS-3 to provide a buffer for adjoining residences. Two proffers were
also conditioned prohibiting the removal of trees and excavation of land in the
RS-3 zoning to further protect adjoining residences. The zoning was changed to
R-12, Residential Single-Family District, and CG, Commercial-General District
with conditions, in December 2005 as part of the comprehensive rezoning.
The applicant is requesting to rezone the R-12 portions of the site to CG and
amend the proffered conditions associated with the property to allow the
construction of a 1,000 square foot carwash and detailing building. This building
would be accessory to the motor vehicle sales, only servicing cars within the
applicant's inventory. The applicant is also requesting to rezone a 6,411 square
foot portion of Official Tax No. 1300533 from R-12 District to CG District, which
would be combined with Official Tax No. 1300517. The remainder of Official Tax
No. 1300533 would be combined with Official Tax NO.1 07061 0 as would a 1,646
square foot portion of Official Tax No. 1300517.
Members of City Council
Page 4
August 18,2008
No other changes are proposed for the property. All other buildings and parking
areas would remain the same. The rear portion of the property would remain
protected through a proffered condition prohibiting leveling, excavation or
removal of trees beyond the top of the stormwater stream bank, which is the
current limit of development on the site.
Conditions Proffered by the Applicant
The applicant requests that the following Proffered Conditions, enacted by
Ordinance No. 27832 be repealed as it pertains to Official Tax No. 1300517
(previously 1300532).
1. That the existing trees on lot number 130532 will remain in place to
provide a visual screen from adjacent residential properties, except that
only trees or limbs of trees that interfere with the use of the tract to be
rezoned by extending over a portion of the tract to be rezoned may be
removed.
2. That the portions of lot number 1300532 that are to remain RS-3, Single-
Family Residential District, shall not be excavated or leveled so that they
shall provide a visual screen from adjacent residential properties.
The applicant requests that the following proffered conditions be substituted and
adopted in place of the proffered conditions set forth above as it pertains to the
subject portions of Official Tax Nos. 1300517 and 1300533.
1. The property will be developed in substantial conformity with the
Development Plan prepared by Craighead & Associates, dated May 23,
2008, a copy of which is attached to this application, subject to any
changes required by the City as part of the development review process.
2. No excavation, leveling, or removal of trees shall occur in the area beyond
the top of the stream bank which adjoining the surface parking lot. This
shall not preclude the removal of tree limbs that extend over the surface
parking lot at a height of 25 feet or below.
Considerations
S
d" Z .
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urroun Ino omna an an se:
Zoning District Land Use
North CG, Commercial-General District Veterinary Clinic, retail
sales, and eating
establishments.
South CG, Commercial-General District and R-12, Motor vehicle sales
Residential Single-Family establishment, eating
establishment, and single-
family residences.
Members of City Council
Page 5
August 18, 2008
East
West
Sin le-famil residences.
Carilion 24 hour laundry
and food preparation
facilit .
Compliance with the Zoninq Ordinance:
The only exterior alteration to the site will be the addition of a one story, 1,000
square foot carwash and detailing facility. This building as shown on the
proffered development plan complies with the dimensional standards for the CG
District in the City's Zoning Ordinance and will be separated from the adjoining
residential zoning district by a Type D buffer yard. All components of the
Development Plan will be required to meet the regulations of the Zoning
Ordinance during the comprehensive plan review process.
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
The City's Comprehensive Plan, the Franklin-Colonial Area Plan and the South
Roanoke Neighborhood Plan state that the development of commercial sites
should be maximized but not at the expense of adjoining residential
neighborhoods. While a commercial zoning district would be expanded further
into a single-family neighborhood, stringent proffers conditioned by the applicant
would protect against further encroachment of the site's physical development.
The protection of this slope and its vegetation will also continue to improve
stormwater management, air quality, noise levels, and visual appearance.
The following policies of the Franklin-Colonial Area Plan are relevant in the
consideration of this application:
. Community Design Policies:
o Zoning: Commercial and residential zoning districts should be clearly
delineated with the intensity of uses minimized in some areas.
· Economic Development Policies:
o Commercial Corridors: Commercial areas should accommodate
competitive businesses that have aesthetic and functional compatibility
with adjoining residential areas.
. Quality of Life Policies:
o Commercial/Industrial Development: Commercial and industrial
development should be economically viable without threatening the
environment and high quality of life of the area.
The following policies of the South Roanoke Neighborhood Plan are relevant in
the consideration of this application:
· Economic Development Policies:
o Encourage denser development patterns on Franklin Road of
commercial development sites to prevent encroachment into
residential areas, and better integrate commercial and residential
development.
Members of City Council
Page 6
August 18, 2008
Outside Aqency Comments:
None.
Planninq Commission Public Hearinq:
At the Planning Commission's public hearing on July 17, 2008, the following was
discussed:
1. Mr. Manetta asked what visible changes would be made to the property if
the rezoning was approved. The applicant stated that the only visible
change would be addition of a 1,000 square foot car wash/detailing facility
on a portion of the property that was already paved. No other changes
would be permitted per the proffered development plan and condition
prohibiting the leveling, grading or removal of trees beyond the stream
bed.
2. Mr. Rife asked if the stream bed required a 50 foot riparian buffer. Staff
responded that the stream bed was not in the River and Creek Corrid~
Overlay District which would require the riparian buffer as it is 'not an
unenclosed tributary of the Roanoke River.
3. Ms. Tamara Hale (2815 Stephenson Avenue) appeared before the
Commission and questioned if the letter she received accurately described
the application. Mr. Talevi determined that it did.
4. Ms. Sharon Bohon (2811 Stephenson Avenue) stated that she was initially
concerned about commercial encroachment into the existing vegetated
buffer but felt that proffered condition no. 2 adequately addressed her
concerns.
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.w.
Roanoke, Virginia 24011
Phone: (540)853-1730 Fax: (540)~1230
~
ROANOKE
I~P;;'G'iQk.~%~;!Q!er@:)};\.1
Submittal Number: IAmended Application No.1
Date: I'" l..p ~ to - 0 '6' I
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o Rezoning, Not Otherwise Listed
[8] Rezoning, Conditional
o Rezoning to Planned Unit Development
o Establishment of Comprehensive Sign Over1ay District
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Address: ~Franklin Road SW Roanoke, VA. 24014
[8] Amendment of Proffered Conditions
o Amendment of Planned Unit Development Plan
o Amendment of Comprehensive Sign Over1ay District
Official Tax No(s).: ~~!I OfJM # 1300517 and portion oHM # 1300533
Existing Base Zoning: IR-12 d CG
(If multiple zones, please manually enter all districts.) an
Ordinance No(s). for Existing Conditions (If applicable): INO,27832-112185
Requested Zoning: ICG. Commercial-General I Proposed Land Use: IContinuation of Motor Vehicle Sales
I [8] With Conditions
o Without Conditions
I Phone Number:
I E-Mail: I
Name: ISAMSAM, LLC
Address: . 2743 Franklin Road SW Roanoke, VA. 24014
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P rty Owner's Signature:
I Phone Number:
I E-Mail: I
Name:
Address:
+ 1 (540) 342-4243 I
I
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Applicant's Signature:
Phone Number: I + 1 (540) 774-5326 I
E-Mail: Ircraigheadarchitect@yahoo.com I
Narrative Statement
Purpose
SAMSAM LLC, the Owner of 2824 Franklin Road, SW (Tax Map Parcel # 1300517), requests
an amendment of the existing proffered conditions as noted on Ordinance # 27832, dated
October 21, 1985, along with a rezoning of a portion of the existing lot.
Introduction
The Owner is requesting the existing split zoning on the property (R-12 and CG (c) be
corrected by rezoning the existing property to CG ( c ) with conditions which will provide a
landscaping separation of the residential and commercial usages. The current zoning restrictions
in the CG district require a 20' landscaped butTer. The split zoning location is very gray as to
the demarcation line of the zoning split. The removal of the split zoning on the property will
clarify this and the amended proffered condtions will allow for a substantial existing vegetation
buffer to remain. Part of this proposal is base on the revised lot layout as shown on the attached
plat as prepared by Balzer and Associates, Inc. Dated Preliminary . Our proposed site allows for
the construction in the future of a 1000 sf carwashl detail building. This would be a one story
building, used for vehicles on site and which are part of the vehicles stored and repaired at this
location. No public use will be allowed. The removal of the proffered conditions from the
original C-2 district, and the revised zoning to CG with conditions will bring the property into
conformance with the newer CG zoning currently in the City of Roanoke.
Area and Adjacent Usen
The parcel is located at 2824 Franklin Road, SW.. The current usage is Motor Vehicle Sales and
this use will be continued. The property is bounded in the rear by R -12 zoning. A required 20'
landscape buffer is required for any future development. The existing storm water flow stream
greatly restricts economially developing any significant changes to the site. The other properties
fronting on Franklin Road are zoned CG and are compatible to the current and proposed use of
the site.
Conclusions
The Owner seeks an amendment of the proffered conditions currently on the property and a
change from R-12 to CG a portion of PT Lot 13 Wildwood Place ( Tax Map Parcel # 1300533 )
and a change from R-12 to CG (conditional) ofa portion of 2824 Franklin Road SW (Tax Map
Parcel # 1300517 ) . The owner believes the changes requested will be in conformance with the
current zoning of the City of Roanoke.
Legal Description
The petitioner, SAMSAM, LLC, has a revised subdivision map being submitted to the City of
Roanoke for a certain tract of land located in the City of Roanoke, Virginia, containing ( after
resubdividing) approximately 1.4267 acres, located at 2824 Frahklin Road, S.W. and designated
on Roanoke City appraisal map as official tax nwnbers 1300517 ( 1.3216 acres), 1300533 ( 6,411
sf) and 1300533 (a reduction of 1,646 sf) Which tract is shown on the plat of survey attached
hereto as Exhibit "A". The original lot 1300517 is zoned CG ( c) with an area of the rear of the
lot defined as the center of the stream as being the demarcation line of the 1985 proffered
conditions. Lot 1300533 is being combined with lot 1070610. Upon combination, lot 1300533
will add 2, 968 sf to lot 1300517 . Lot 1300517 will also lose 1,646 sf to lot 1070610. Lot
1300517 and a partial of new lot 1070610 are part of this partition. The following is the legal
description of the portion subject to this partition. The following is the legal description of the
portion subject to this petition:
BEGINNING at a point 135.02 feet S. 4145' E. from a point on the
easterly side of Franklin Road, S.W., 212 feet S 48 15' 34"
W. from a 20-foot alley, being the northwest corner of Lot
5Al, according to a Map of Record in the Clerk's Office of
the Circuit Court ( formerly Hustings Court) for the City of
Roanoke, Virginia, in Deed Book 869, Page 482, said place
of beginning being on the northerly line of the said Lot
5Al; thence from said point S. 41 42' 56" E, thence S 48
17' 04" W 100' to a point; thence S. 86 48' 56" E. 87.30 feet
to a point, thence S. 77 07' 56" E. 51.40 feet, thence a new
line S. 21 09' 01" W. 20.19 feet, thence a new line N 76 39'
40" E. 121.47', thence a new line S 594900" W. 29.04
feet, thence a new line S 51 59' 00" W 91.50 feet, thence N
41 42' 56" W 359.37 feet, thence S 48 15' 34" W. 163.20
feet to the Place of BEGINNING.
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st day of October, 1985,
No. 27832.
AN ORDINANCE to amend ~S36-3 and 36-4, Code of. the City of Roanoke
(1979), as amended, and Sheet No. 130, Sectional 1976 Zone Map, City
of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
WHEREAS, application has been made to the Council of the City of
Roanoke to have the hereinafter described property rezoned from RS-3,
t
Single-Family Residential District, to C-2, General Commercial Dis-
trict, subject to certain conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by S36-541, Code of the City of
Roanoke (1'979), as amended and after conducting a public hearing on
the matter, has made its recommendation to Council; and
WHEREAS, a public hearing was held on said application by the City
Council at its meeting on October 14, 1985, at 7:30 p.m., after due
and timely notice thereof as required by S36-541, Code of the City
of Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both
for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid applica-
tion, the recommendation made to the Council by the Planning Commis-
sion, the City's Comprehensive Plan, and the matters presented at the
public hearing, is of the opinion that the hereinafter described pro-
perty should be rezoned as herein provided.
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THEREFORE, BE IT ORDAINED by the Council of the City pf Roanoke
that 5536-3 and 36-4, Code of the City of Roanoke (1979), as amended,
and Sheet No. 130 of the Sectional 1976 Zone Map, City of'Roanoke, be
amended in the following particular and no other:
Property described as a 0.48 acre portion of Official'Tax No.
1300532, lying at the rear of 2824 Franklin Road, S. W., a complete
description of which is set out in the applicant's Petition to Rezone,
be, and is hereby rezoned from RS-3, Single-Family Residential
District, to C-2, General Commercial District, subject to ~hose con-
ditions proffered by and set forth in the applicant's Peti.tion to
Rezone.
~T::'} f~
C(ty Clerk.
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VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
RE: Rezoning of a tract of land )
lying at the rear of )
2824 Franklin Road, S.W., )
from RS-3, Single-Family )
Residential District, to C-2, )
General Commercial District, )
subject to certain conditions. )
PETITION TO REZONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
OF THE CITY OF ROANOKE:
1. The petitioner, Robert L. Mason, has a contract to
purchase a certain tract of land located in the City of Roanoke,
Virginia, containing 0.48 acres, located at 2824 Franklin Road,
S. W., and des ignated on Rpanoke Ci ty ..~ppraisal map as official
tax numbers 1300516, 1300517, and 1300532, which tract is shown
on the plat of survey attached hereto as Exhibit "A". The lots
numbered 1300516 and 1300517, which face Franklin Road, currently
are zoned C-2, General Commercial District, and are not the
ROANOK/i:, VA.
subject of this petition. A portion of lot number 1300532, which
currently is zoned RS-3, Single-Family Residential District, is
the subject of. this petition. The.following is the legal
description of the portion subject.to this petition:.
BEGINNING at a point 134.97 feet S. 410:45' E. from
a point on the easterly side of Franklin Road,'S. W. ,
212 feet S. 480 15' W. from a20-foot alley, being .-
the northwest corner of Lo.t S-A, according to a. Map.' .
of Record in the Clerk's Office of the Circuit Court.
(formerly Hustings Court) for' the City of Roanoke,H
Virginia, in Deed Book 869, Page 482, said place of
beginning being on the northerly line of the said
Lot.S-Ai thence from said point S. 410 45' E. 80.03
feet to a point; thence a new line S. ISO 15' E. .
76.00 feet to a point; thence S. 190 45' 38.0-0 feet
to a point; thence S. 680 38' W. 30.44 feet to a
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corner; thence N. 740 57' W. 123.03 feet to a point;
thence N. 410 45' W. 52.63 feet to an iron; thence
N. 480 15' E. 163.20 feet to the Place of BEGINNING;
and
BEING a portion of Lots 5, 6, and 7, Houston Land Co.
Map (P.B. 2 PG. 7) and adjoining parcel, Roanoke,
Virginia, as shown on a Plat showing Property of
Robert L. Mason to be Rezoned, prepared by Buford T.
Lumsden & Associates, P.C., Certified Land Surveyors,
Roanoke, Virginia, and dated August 2, 1985; and
BEING a portion of the property conveyed to Montague-
Betts Company, Incorporated, by deed dated December 20,
1982, of record in the aforesaid Clerk's Office in
Deed Book 1482, Page 1883.
2. Pursuant to Article VIII of Chapter 36, Code of the City
of Roanoke (1979, as amended), the petitioner requests that the
said property be rezoned from RS-3, Single-Family Residential
District, to C-2, General Commercial District, subject to certain
conditions as set forth below, for the purpose of using the said
property in connection with automobile sales at 2824 Franklin
Road, S.W.
3. The petitioner believes that the rezoning of the said
tract of land will further the intent and purposes of the City's
zoning ordinance and its comprehensive plan, in that because of
the topography of the said tract and the surrounding area, the
tract is highly unlikely to be used for residential purposes;
the said tract is landlocked, with the only reasonable means of
access being from Franklin Road, S.W., across the lots located
at 2824 Franklin Road; rezoning as C-2, subject to certain
conditions, will encourage the most appropriate use of the land
without adversely affecting the interest of adjacent land owners;
VARD, Fox, WOOTEN
aHAAT and such rezoning will promote the comfort, prosperity and genera]
ROANOKE, VA.
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welfare of the community.
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4. The petitioner hereby proffers and agrees that if the
said tract is rezoned as requested, the rezoning will be subject
to, and the petitioner will abide by, the following conditions:
B.. That all existing trees on lot number 1300532 will
remain in place to provide a visual screen from adjacent residen.
tial properties, except that only trees or limbs of trees that
interfere with the use of the tract to be rezoned by extending
over a portion of the tract to be rezoned may be removed.
b. That the portions of lot number l300532 that aretc
remain RS-3, Single-Family Residential District, shall not be
excavated or leveled so that they shall provide a visual screen
from adjacent residential properties.
5. Attached as Exhibit "B" are the names and addresses of
the owner or owners of all lots or property immediately adjacent
to the tract to be rezoned.
WHEREFORE, the petitioner requests that the above described
tract be rezoned as requested in accordance with the provisions
of the zoning ordinance of the City of Roanoke.
Respectfully submitted,
Bradley D. McGraw, Esquire
Woodward, Fox, Wooten & Hart, P.C.
P. O. Box 12247
Roanoke, Virginia 24024-2247
(703) 343-2451
I)WARO. FOX, WOOTEN
& HART
ROANOKE, VA.
ITTORNEY8.AT.UW
- 3 -
Proffered Conditions
The applicant requests that the following proffered conditions, enacted by Ordinance No.
27832, be repealed as they pertain to Official Tax No. 1300517 (previously 1300532):
1. That the existing trees on lot number 130532 will remain in place to provide a
visual screen from adjacent residential properties, except that only trees or limbs
of trees that interfere with the use of the tract to be rezoned by extending over a
portion of the tract to be rezoned may be removed.
2. That the portions oflot number 1300532 that are to remain RS-3, Single-Family
Residential District, shall not be excavated or leveled so that they shall provide a
visual screen from adjacent residential properties.
The applicant requests that the following proffered condition be substituted and
adopted in place of the proffered conditions set forth above as they pertain to the
subject portion of Official Tax Nos. 1300517 and 1300533:
1. The property will be developed in substantial conformity with the
Development Plan prepared by Craighead & Associates dated May 23, 2008,
a copy of which is attached to this application, subject to any changes required
by the City during the development review process.
2. No excavation, leveling, or removal oftrees shall occur in the area beyond the
top ofthe stream bank which adjoins the surface parking lot. This shall not
preclude the removal of tree limbs that extend over the surface parking lot at a
height of25 feet or below.
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A: 2743 Franklin Rd SW, Roanoke, VA 24014-1011
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Proffered Conditions to be Repealed
The applicant requests that the following proffered conditions, enacted by Ordinance No.
27832, be repealed as they pertain to Official Tax No. 1300517 (previously 1300532):
1. That the existing trees on lot number 130532 will remain in place to provide a
visual screen from adjacent residential properties, except that only trees or limbs
of trees that interfere with the use of the tract to be rezoned by extending over a
portion of the tract to be rezoned may be removed.
2. That the portions of lot number 1300532 that are to remain RS-3, Single-Family
Residential District, shall not be excavated or leveled so that they shall provide a
visual screen from adjacent residential properties.
Proffered Conditions to be Adopted
The applicant requests that the following proffered condition be substituted and
adopted in place of the proffered conditions set forth above as they pertain to the
subject portion of Official Tax Nos. 1300517 and 1300533:
1. The property will be developed in substantial conformity with the
Development Plan prepared by Craighead & Associates dated May 23,2008,
a copy of which is attached to this application, subject to any changes required
by the City during the development review process.
2. No excavation, leveling, or removal of trees shall occur in the area beyond the
top of the stream bank which adjoins the surface parking lot. This shall not
preclude the removal of tree limbs that extend over the surface parking lot at a
height of 25 feet or below.
LIST OF PROPERTY OWNERS ACROSS
FRANKLIN ROAD
Parcel
Owner
Tax Nwnber
2809 Franklin Road
Current Zoning:CG
George and Mary C. Orates
PO Box 35370
Louisville, KY. 40232
Tax # 1280619
2823 Franklin Road Carillion Services, Inc.
Current Zoning:l-l(c), MX, 1-2 213 South Jefferson Street SW
Suite 720
Roanoke, VA. 24011
Tax # 1280602
LIST OF ADJACENT PROPERTY OWNERS
Parcel Owner Tax Nwnber
2834 Franklin Road, SW Robert L. & Sharon F. Mason Tax # 1300514
Current Zoning: CG 4933 Hunting Hills Court
Roanoke, VA. 24014
851 Woods End Lane, SW James N. and Heida L. DoHman Tax # 1300524
Current Zoning: R-12 PO Box 21133
Roanoke, VA. 24018
845 Woods End Lane, SW Greta Pablo and Alexander Arela Estacio Tax # 1300535
Current Zoning:R-12 845 Woods End Lane, SW
Roanoke, VA. 24014
PT Lot 13 Wildwood Place SAMSAM LLC Tax # 1300533
Current Zoning:R -12 2743 Franklin Road SW
Roanoke, VA. 24014
2827 Stephenson Avenue SW Terry L St.Clair Tax # 1070610
Current Zoning:R-12 PO Box 12961
Roanoke, VA. 24030
2815 Stephenson Avenue SW R. Richard and Tamara T. Hale Tax # 1070609
Current Zoning:R-12 2815 Stephenson Avenue SW
Roanoke, VA. 24014
2811 Stephenson Avenue SW J. Keith Jr. and Sharon Crane Bohon Tax # 1070607
Current Zoning:R -12 2811 Stephenson Avenue, SW
Roanoke, VA. 24014
New Tract BCS Mark R. and Beth Finkler Tax # 1070601
Current Zoning:R-12 7018 Highfields Farm Drive
Roanoke, VA. 24018
2814 Franklin Road Mark R. Finkler Tax # 1300519
Current Zoning:CG 2814 Franklin Road, SW
Roanoke, VA. 24014
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
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~ ~"'NOTARY ....'-11--'-:. I
= Qj:~ PUBLIC '.: _ _ -:.
= * : REG. #7090930 ': * ~ I
~ :. MY COMM~\SSION .: <:(" = I
~ c>. 8C.alR 1/' ~ ~
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TOTAL COST: 522. 00 ""tOJttW;A'l'T'~'~~~~>' ,I
F I LED 0 N : 0 8 / 0 8 / 0 8 ~ , 1 c, n , ,
- - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ ~'11J ~\ ~ '_ _ _ _ _ _ _ _ _ _ + _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
NOTICE OF PUBLIC :
HEARING
The Council of the City of,
Roanoke will hold a publicI
hearing on Monday, August
18, 2008, at 7:00 p,m" or
as soon thereafter as the
mailer may be heard, in the,
Council Chamber, fourth
floor, in the Noel C. Taylor
Municipal Building, 215
Church Avenue, S,W.,
Roanoke, V,irginia, to
consider the fOllowing:
Request from Samsam,
LLC, represente<! by.Ray
Craighead, agent, to rezone
Official Tax No. 1300517,
located at 2824 Franklin
Road; S.W" less the 1,646
square foot southeastern
corner of such property, and
! the 6',411 square foot
northern portion of property
be'aring Official Tax No,
1300533, from R-12,
, Residential Single Family
District, and CG, Commercial '
l' G.eneral District, with
conditions, to CG,
, Commercial General District,
subject to the following
"conditions: (1) the property
will be developed in
i substantial conformity with
the development plan, tilled
'Proposed Alterations for '
JValley BMW Ro'anoke, L__,___~'___'
'prepared by Craighead &
Associates, dated May 23,
2008' and (2) that no
excavation, leveling, or
removal of trees shall occur\
in the area beyond the -'
stream bank which adjoins
the su'rface parking lot; and,
to. repeal proffers set forth in :
Ordinance No, 27832, \
adopted October 21, 1985,
to the extent such Ordinance
placed certain conditions on ,
. . - 1
RAY CRAIGHEAD
PO BOX 4662
2721 BRAMBLETON, SW
ROANOKE VA 24015
REFERENCE:
80118829
11017536
N-Samsam rezone
and
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
CitylCounty of Roanoke, CommonwealthlState of
V~r~inia. Sworn and subscribed before me this
~~~_day of Aug 2008. Witness my hand and
:::~~~~_ ~n J?~ Notary Public
My commission xPir~:JJ:::=___J~~~-lJ__.
PUBLISHED ON:
08/01
08/08
Authorized v--- -- ~
Signature'_~~~_
Billing Services Representative
I
I, Official Tax No:-13Oo517~
; of which shall be for the
, purpose of allowin~ the
expansion of the eXisting
motor vehicles sales and
service, n.ew, at that
location. , .
A copy of the applicatIon IS
available for review in the
Office of the City Clerk, '
Room 456, Noel .c, Taylor
Municipal Building, 215
Church Avenue, S.W.,
Roanoke, Virginia.
All parties in interest and
citizens may appear on the i
above date and be heard on
the matter. If you are a,
person with a disability who
needs accommodations for
this hearing, please contact!
the City Clerk's Office, ati
853-2541, before noon on
the Thursday before the date
of the hearing listed above, '
GIVEN' under my hand this
29th day of July, 2008, '
Stephanie M, Moon, CMC
City Clerk.
(11017536)
NOTICE OF PUBLIC
The Roanoke Times : HEARING"
, The Council of the City ot'
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - I Roanoke will hold a public - - - -
I hearing on Monday, August,
18, 2008, at 7:00 p,m" or
I as soon thereafter as the
I mailer may be heard, in the
I I Council Chamber, fourth
I floor, In the Noel C, Taylor
Municipal Building, 215
I Church Avenue, S.W.,
Roanoke, Virginia, to
I consider the following: '
Request from Samsam,
I LLC, represented by Ray
Craighead, agent, to rezone
I Official Tax No, 1300517,
located at 2824 Franklin
I Road, S.W" less the 1,646
square foot southeastern
corner of such property, and
the 6,411, square foot'
northern portion of property
bearing Official Tax No.
1300533. from R-12,
Residential Single Family'
District,'and'CG, Commercial
General District, with
conditions, to CG,
Commercial General District,
subject to the following.
conditions: (1) the property
will be developed.in
substantial conformity with
the development plan, titled.
Proposed Alterations fori
Valley BMW Roanoke.
prepared by Craighead &,
Associates, dated May 23,
2008; and (2) that no,
excavation, leveling, or
removal of trees shall occur
in the area beyond the
stream bank which adjoins
the surface parking lot; and
to repeal proffers set forth in
; Ordinance NO,27832,
i fod~~~~~t~~:~~~~ ~~dl~~~;e ;
1 placed certain conditions on 'I
Official Tax No, 1300517, all
I of which shall be for the
purpose of allowing the
I expansion of the existing'
I motor vehicles sales and'
. service, new, at that.
I location.
A copy of the application Is '
I available for review In the I
Office of the City Clerk, '
Room 456, Noel C. Taylor
Municipal Building, 215
Church Avenue, S,W.,
Roanoke, Virginia.
All parties In interest and
citizens may appear on the
above date and be heard on
the maller, If you are a
person with a disability who I
needs accommodations for I
this hearing, please contact
the City Clerk's Office, at:
853-2541; before noon on
the Thursday before the date I
of the hearing listed above. '.
GIVEN under my hand this
_ day of
2008.
Stephanie M, Moon, CMC
City Clerk, I
,
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08/08/08 '111 LTH \\" I
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---------------------------~----------------------+--------_:_--------~~---
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
RAY CRAIGHEAD
PO BOX 4662
2721 BRAMBLETON, SW
ROANOKE VA 24015
REFERENCE:
80118829
11015190
Samsam rezone and am
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
CitylCounty of Roanoke, CommonwealthlState of
Vi~inia. Sworn and subscribed before me this
__~~__day of Aug 2008. Witness my hand and
official seal. ~
__~_ _ _ Ct__ __ ___ No ary P blic
MYCO~eXPi . _ ------_Jb~~rJJ___.
PUBLISHED ON:
08/01
08/08
TOTAL COST:
FILED ON:
Authorized ~~ ~
Signature'_~i'lr_
Billing Services Representative
f-:=--__ ____. __'.
,
(11015190)
S~\ni
\')(Y)f
f\f
, -
NOTICE OF PUBLIC HEARING
The Council ofthe City of Roanoke will hold a public hearing on Monday, August 18,2008,
at 7 :00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor,
in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, to consider
the following:
Request from Samsam, LLC, represented by Ray Craighead, agent, to rezone
Official Tax No. 1300517, located at 2824 Franklin Road, S.W., less the
1,646 square foot southeastern comer of such property, and the 6,411 square
foot northern portion of property bearing Official Tax No. 1300533, from R-
12, Residential Single Family District, and CG, Commercial General District,
with conditions, to CG, Commercial General District, subject to the following
conditions: (1) the property will be developed in substantial conformity
with the development plan, titled Proposed Alterations for Valley BMW
Roanoke, prepared by Craighead & Associates, dated May 23,2008; and (2)
that no excavation, leveling, or removal. of trees shall occur in the area
beyond the stream bank which adjoins the surface parking lot; and to repeal
proffers set forth in Ordinance No. 27832, adopted October 21, 1985, to the
extent such Ordinance placed certain conditions on Official Tax No.
1300517, all of which shall be for the purpose of allowing the expansion of
the existing motor vehicles sales and service, new, at that location.
A copy ofthe application is available for review in the Office ofthe City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter.
If you are a person with a disability who needs accommodations for this hearing, please contact the
City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed
above.
GIVEN under my hand this 29thday of July
,2008.
Stephanie M. Moon, CMC
City Clerk.
Samsam-rezone & amend proffers.doc
Notice to Publisher:
Publish in the Roanoke Times on Friday, August 1, 2008 and Friday, August 8, 2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
N-Samsam-rezone & amend proffers 8-18-08.doc
Send Bill to:
Ray Craighead and Associates
2721 Brambleton Avenue
Roanoke, Virginia 24015
(540) 774-5326
rcraigheadarchitect@yahoo.com
.
AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF:
)
) TO-WIT:
)
1) ~ ;)., ~ \~ (\
cf....' }G"I
~(cjl d
<ROO;
Samsam, LLC, Franklin Road, S.W., Tax Nos. ) AFFIDAVIT
1300517 and 1300533, R-12 to CG, and repeal of conditions)
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke
City Planning Commission, and as such is competent to make this affidavit of her own personal
knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia,
(1950), as amended, on behalf of the Planning Commission ofthe City of Roanoke, she has sent by
first-class mail on the 30th day of June, 2008, notices of a public hearing to be held on the 17th day of
July, 2008, on the request captioned above to the owner or agent ofthe parcels as set out below:
Tax No.
1300514
1300524
1070610
1070609
1300513
1070607
1070601
1300519
12806.19
1280602
Name
Mailing Address
Applicant
J ames and Heida Dollman
POBox 21133
Roanoke, VA 24018
Terry L. St.Clair
POBox 12961
Roanoke, VA 24030
Richard and Tamara Hale
2815 Stephenson Avenue
Roanoke, VA 24014
Terrier LLC
2743 Franklin Road
Roanoke, VA 24014
?
J. Keith and Sharon Bohon
2811 Stephenson Avenue, SW
Roanoke, VA 24014,
Mark and Beth Finkler
7018 Highfields Farm Drive
Roanoke, VA 24018
Mark R. Finkler
2814 Franklin Road
Roanoke, VA 24014
George and Mary Drates '
POBox 35370
Louisville, KY 40232
Carilion Services Inc.
Suite 720
213 Jefferson Street, SW
Roanoke, VA 24011
..~
>,
~~o~~HB_~_~~90D-eRG-A~ATIONS / W A 1.'CH-GROUPS
NEIGm;~;SINSOUTH ROANOKE => Bill Thomasson )
P.ystal Spring Elementary School cafet;':~ 2621 Crystal Spring Ave SW
2620 Carolina Ave SW . ----- Roanoke, VA 24014
'---------------
Meeting: 7:00 pm (Quarterly)
Elections: Annually
NORTHWEST CRIME STOPPERS
Fairview Methodist Church
131 0 Van Buren Street NW (upper level)
Mrs. Duaine Boone
4122 High Acres Road N\Y
Roanoke, VA 24017
Meetings: 7:00pm 3rd Tuesday
Oan., Mar., May, July, Sept., and Nov.)
Elections:
NORTHWEST NEIGHBORHOOD
ENVIRONMENTAL ORGANIZATION 1981
NNEO Office
802 Loudon Ave NW
Rev. Carl T. Tinsley, President
2647 Springhill Dr. NW
Roanoke, VA 24017
Meetings: 6:00pm 3rd Monday, every other month
Elections: May, every 2 years
NORTHWEST NEIGHBORHOOD
IMPROVEMENT COUNCIL 1981
Burrell Center Community Room
611 McDowell Avenue, NW
Mr. Lewis Grogan
528 Chestnut Ave NW
Roanoke, VA 24016
or
Ms. Elizabeth Hairston
608 McDowell Ave NW
Roanoke, VA 24016
Meeting: 3:00pm 3rd Tuesday
Elections:
NORWICH NH ALLIANCE (NW) 1997
Norwich Recreation Center
2127 Buford Ave SW
Ronnie Stanley
902 Bridge Street SW
Roanoke, VA 24015
Meeting: 7:00pm 1st Monday each month
Elections: February
L:\HOUSING\Neighborhood Serviees\RNS LISTS & CORRESPONDENCE\Web Neighborhood Orgs Roster.doe
Rev: April 30, 2008
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853.2541
Fax: (540) 853.1145
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 6, 2008
REVISED
Mr. and Mrs. James Dollman
Mr. Terry L. St.C1air
Mr. and Mrs. Richard Hale
Terrier, LLC
Mr. and Mrs. J. Keith Bohon
Mr. and Mrs. Mark Finkler
Mr. Mark R. Finkler
Mr. and Mrs. George Drates
Carilion Services, Inc.
Bill Thomasson, President
Neighbors in South Roanoke
Ladies and Gentlemen:
Pursuant to provisions of Resolution No.2 5523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Monday, August 18, 2008, at 7:00 p.m., or as soon thereafter as the matter may
be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., on the request of the Samsam, LLC, to rezone
a portion. of property located at 2824 Franklin Road, and a portion of property
located on Wildwood Road, S. W., from R-12, Residential Single Family District, and
CG, Commercial General District, to CG, Commercial General District, subject to
certain proffered conditions, and repeal certain proffers as set forth in Ordinance
No. 27832, dated October 21, 1985.
This letter is provided for your information as an interested property owner and/or
adjoining property owner. If you have questions with regard to the matter, please
contact the Department of Planning, Building and Development at 540-853-1730.
If you would like to receive a copy of the report of the City Planning Commission,
please contact the City Clerk's Office at 540-853-2541.
Sincerely,
~M.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Adjoining Property Owners
August 1, 2008
Page 2
'pc: Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Henry Scholz, Chair, City Planning Commission, .
Martha P. Franklin, Secretary, City Planning Commission
Nancy C. Snodgrass, Zoning Administrator
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church 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 1, 2008
Ray Craighead, Agent
Craighead and Associates
2721 Brambleton Avenue, S. W.
Roano ke, Virginia 24015
Dear Mr. Craighead:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Mond ay, August 18, 2008, at 7:00 p.m., or as soon thereafter as the matter may
be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Buildi ng, 215 Church Avenue, S. W., on the request of the Samsam, LLC, to rezone
a port:ion of property located at 2824 Fran"klin Road, and a portion of property
locatedon Wildwood Road, S. W., from R-12, Residential Single Family District, and
CG, Commercial General District, to CG, Commercial General District, subject to
certai n proffered conditions, and repeal certain proffers as set forth in Ordinance
No.2 7832, dated October 21, 1985.
For your information, I am enclosing copy of a notice of public hearing. Please
revievv the document and if you have questions, you may contact Steven J. Talevi,
Assist:ant City Attorney, at 540-853-2431.
It will be necessary for you, or your designee, to be present at the August 18
publi <hearing. Failure to appear could result in a deferral of the matter until
a late r date.
Sincerely,
., M. VV\O~
Stephanie M. Moon, CM~ ~
City Clerk
SMM: ew
Enclo sure
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 19, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
Lucas Lawton Thornton, Project Manager
H. L. Lawson & Son, Inc.
1208 Corporate Circle, S. W.
Roanoke, Virginia 24018
Dear Mr. Thornton:
I am enclosing copy of Ordinance No. 38202-081808 permanently vacating,
discontinuing and closing an undeveloped portion of Kirk Avenue, S. E., lying
between parcels bearing Official Tax Nos. 4011141, 4011116, 4011136,
4011137,4011138, 4011139 and 4011140; and Ordinance No. 38203-081808
reflecting the rezoning of properties located on Campbell and Church
Avenues, S. E., bearing Official Tax Nos. 4011116 and 4011136 - 4011141,
inclusive, as well as the vacated portion of Kirk Avenue, S. E., lying between
parcels bearing Official Tax Nos. 4011141, 4011116, 4011136, 4011137,
4011138, 4011139, and 4011140, from 1-1, Light Industrial District, and MX,
Mixed Use District, to D, Downtown District, subject to the condition that the
Property will be developed in substantial conformity to the develo'pment plan
entitled "Lawson Building LLC" dated June 5, 2008, as set forth in the Zoning
Amended Application NO.1 dated June 20, 2008.
The abovereferenced measures were adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 18, 2008, and are in full
force and effect upon their passage.
Sincerely,
. ~. th. ht~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosure
Lucas Lawton Thornton
August 19, 2008
Page 2
pc: Mr. Edward E. Herington, t/a Herington Outdoor Advertising, 140 Palm
Circle, Atlantis, Florida 33462
Square 1 Inc., 605 Campbell Avenue, S. E., Roanoke, Virginia 24013
Ms. Nancy E. Crigger, 613 Church Avenue, S. E., Roanoke, Virginia 24013
Mr. and Mrs. Robert Cole, P. O. Box 1325, Walkertown, North Carolina
27051
Ms. Patricia G. Pastel, 621 Church Avenue, S. E., Roanoke, Virginia 24013
Ms. Della Ann Economy, 4525 Shenandoah Avenue, N. W., Roanoke,
Virginia 24017
Mr. and Mrs. Richard Dearing, P. O. Box 8224, Roanoke, Virginia 24014
Mr. James Nichols, 2410 Delaware Avenue, N. W., Roanoke, Virginia
24017
Ms. Linda T. Carr, 701 Campbell Avenue, S. E., Roanoke, Virginia 24013
Sandra Eanes, President, Southeast Action Forum, Inc., 1616 Stewart
Avenue, S. E., Roanoke, Virginia 24013
The Honorable Brenda S. Hamilton, Clerk of Circuit Court
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, PE, LS, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
Nancy C. Snodgrass, Zoning Administrator
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38202-081808.
AN ORDINANCE permanently vacating, discontinuing and closing a certain public
right-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing
with the second reading by title of this ordinance.
WHEREAS, Lawson Building, LLC, filed an application to the Council of the City of
Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to
permanently vacate, discontinue and close a certain public right-of-way described hereinafter;
WHEREAS, the City Planning Commission, after giving proper notice to all concerned
as required by S 30-14, Code of the City of Roanoke (1979), as amended, and after having
conducted a public hearing on the matter, has made its recommendation to Council;
WHEREAS, a public hearing was held on such application by City Council on August
18, 2008, after due and timely notice thereof as required by S 30-14, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded
an opportunity to be heard on such application;
WHEREAS, it appearing from the foregoing that the land proprietors affected by the
requested closing ofthe subject public right-of-way have been properly notified; and
WHEREAS, from all of the foregoing, City Council considers that no inconvenience will
result to any individual or to the public from permanently vacating, discontinuing and closing
such public right-of-way.
!HEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that
the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described
as follows:
O-Lawson Building-vacate portion of alley.doc
1
An undeveloped portion of Kirk Avenue, S.B., lying between parcels bearing Official
Tax Nos.4011141, 4011116, 4011136, 4011137, 4011138, 4011139 and 4011140
be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of
the public in and to the same be, and hereby is, released insofar as City Council is empowered so
to do with respect to the closed right-of-way, reserving however, to the City of Roanoke and any
utility company or public authority, including, specifically, without limitation, providers to or for
the public of cable television, electricity, natural gas or telephone service, an easement for
sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and
related facilities that may now be located in or across such public right-of-way, together with the
right of ingress and egress for the maintenance or replacement of such lines, mains or utilities,
such right to include the right to remove, without the payment of compensation or damages of
any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments
on or over the easement which impede access for maintenance or replacement purposes at the
time such work is undertaken; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above-described public right-of-way of any
such municipal installation or other utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent,
receive all required approvals of, and record with the Clerk of the Circuit Court for the City of
Roanoke, a subdivision plat, with such plat combining all properties which would otherwise
dispose of the land within the right-of-way to be vacated in a manner consistent with law, and
retaining appropriate easements, together with the right of ingress and egress over the same, for
the installation and maintenance of any and all existing utilities that may be located within the
right-of-way.
O-Lawson Building-vacate portion of alley. doc
2
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions
to the granting of the application, deliver to the Clerk of the Circuit Court of the City of
Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in
such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor,
and in the name of the applicant, and the names of any other parties in interest who may so
request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such
recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this
ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia,
where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of
Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not been met within a
period of twelve (12) months from the date of the adoption of this ordinance, then such
ordinance shall be null and void with no further action by City Council being necessary.
BE IT FINALLY ORDAINED that pUrsuant to the prOVIsions of S 12 of the City Charter,
the second reading of this ordinance by title is hereby dispensed with.
ATTEST:
lh.~
O-Lawson Building-vacate portion of alley. doc
3
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38203-081808.
AN ORDINANCE to amends 36.2-1 00, Code of the City of Roanoke (1979), as amended,
and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended,
to rezone certain property within the City, and dispensing with the second reading of this
ordinance by title.
WHEREAS, Lawson Building, LLC, has made application to the Council of the City of
Roanoke, Virginia ("City Council"), to have the properties located on Campbell and Church
Avenues, S.E., bearing Official Tax Nos. 4011116 and 4011136 through 4011141, inclusive, as
well as the vacated portion of Kirk Avenue, S.B., lying between parcels bearing Official Tax
Nos. 4011141, 4011116, 4011136, 4011137, 4011138, 4011139 and 4011140, rezoned from I-I,
Light Industrial District and MX, Mixed Use District, to D, Downtown District, subject to the
condition that the Property will be developed in substantial conformity to the development plan
entitled "Lawson Building LLC" dated June 5, 2008;
WHEREAS, the City Planning Commission, after giving proper notice to all concerned
as required bYS36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting
a public hearing on the matter, has made its recommendation to City Council;
WHEREAS, a public hearing was held by City Council on such application at its meeting
on August 18, 2008, after due and timely notice thereof as required by 9 36.2-540, Code of the
City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were
given an opportunity to be heard, both for and against the proposed rezoning; and
O-Lawson Building-rezone.doc
1
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's Comprehensive
Plan, and the matters presented at the public hearing, finds that the public necessity,
convenience, general welfare and good zoning practice, require the rezoning of the subject
property, and for those reasons, is of the opinion that the hereinafter described property should
be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council. ofthe City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the
Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be
amended to reflect that properties located on Campbell and Church Avenues, S.E., bearing
Official Tax Nos. 4011116 and 4011136 through 4011141, inclusive, as well as the vacated
portion of Kirk Avenue, S.E., lying between parcels bearing Official Tax Nos. 4011141,
4011116, 4011136, 401113 7, 401113 8, 401113 9. and 4011140 are hereby rezoned from I-I,
Light Industrial District and MX, Mixed Use District, to D, Downtown District, subject to the
condition that the Property will be developed in substantial conformity to the development plan
entitled "Lawson Building LLC" dated June 5, 2008, as set forth in the Zoning Amended
Application No.1 dated June 20, 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: ,
O-Lawson Building-rezone.doc
2
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@ci.roanoke.va.us
Architectural Review Board
Board of Zoning Appeals
Planning Commission
August 18, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Request from Lawson Building, LLC, to permanently vacate,
discontinue and close an undeveloped portion of Kirk
Avenue, S.E., lying between parcels bearing Official Tax
Nos. 4011141,4011116, 4011136, 4011137, 4011138,
4011139 and 4011140.
Planning Commission Hearing and Recommendation:
Planning Commission public hearing was held on Thursday, July 17, 2008. By a
vote of 6-0 (Mr. Scholz not present for the vote), the Commission recommended
that City Council approve the request to vacate the right-of-way. Approval of the
application will result in no public inconvenience and will eliminate a segment
right-of-way which has no value in terms of future street connectivity. Staff
received an estimate for improvements to the public sidewalk and curb along the
Campbell Avenue street frontage. Because the improvements to the public right-
of-way exceed the cost of the vacated right-of-way, the Commission
recommends that the vacated right-of-way be subject to these conditions:
A. The applicant shall improve the frontage of Campbell Avenue
along the applicant's property with new sidewalk, curb and
gutter, entrances, and street trees. Providing a performance
guarantee for such public improvements as part of
comprehensive development plan approval shall constitute
compliance with this condition.
Members of Council
Page 2
August 18, 2008
B. The applicant shall submit a subdivision plat to the Agent for the
Planning Commission, receive all required approvals of, and
record the plat with the Clerk of the Circuit Court for the City of
Roanoke. Said plat shall combine all properties which would
otherwise dispose of the land within the right of way to be
vacated in a manner consistent with law, and retain appropriate
easements for the installation and maintenance of any and all
existing utilities that may be located within the right-of-way,
including the right of ingress and egress.
C. Upon meeting all other conditions to the granting of the
application, the applicant shall deliver a certified copy of this
ordinance for recordation to the Clerk of the Circuit Court of
Roanoke, Virginia, indexing the same in the name of the City of
Roanoke, Virginia, as Grantor, and in the name of the Petitioner,
and the names of any other parties in interest who may so
request, as Grantees. The applicant shall pay such fees and
charges as are required by the Clerk to effect such recordation.
D. Upon recording a certified copy of this ordinance with the Clerk
of the Circuit Court of the City of Roanoke, Virginia, the
applicant shall file with the Engineer for the City of Roanoke,
Virginia, the Clerk's receipt, demonstrating that such recordation
has occurred.
E. If the above conditions have not been met within a period of one
year from the date of adoption of this ordinance, then said
ordinance shall be null and void with no further action by City
Council being necessary.
Respectfully submitted,
~U4
Henry Scholz, Chairman
City Planning Commission
cc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager
Applicant
Members of Council
Page 3
August 18, 2008
Application Information
City Staff Person:
Site Address/Location:
Neighborhood Plan:
S ecified Future Land Use:
Filing Date:
Background
Permanent vacation of an undevelo
Lawson Buildin ,LLC
Frederick Gusler, AICP
Right of way between and parallel to the 600 blocks of
Church and Cam bell Avenues, SE
4011141,4011116,4011136,4011137,4011138,
4011139 and 4011140.
+/- 5,994 square feet
30 feet width b 199.8 feet len th
1-1, Li ht Industrial and MX, Mixed Use
Downtown
Undevelo ed ri ht-of-wa
Parking and parking access for a residential/commercial
mixed use buildin
Belmont-Fallon
Industrial
Original Application: June 4, 2008
The applicant owns all of the adjoining properties and has concurrently applied
for a rezoning to D, Downtown District. The subject portion of Kirk Avenue, S.E.,
is unimproved with no apparent history of ever having been used as a public
right-of-way.
Considerations
Section 30-14(5) of the Code of the City of Roanoke provides the following
standard for consideration of street and alley vacation requests:
"Following the hearing before the city planning commission on an
application to alter or vacate a street or alley, the commission shall
report in writing to the city council whether in its opinion, any, and if
any, what inconvenience would result if the application were
approved by council, and the commission shall report and make a
recommendation to council as to whether the application should be
approved."
Access to the property will be via ih Street, S.E. The subject portion of Kirk
Avenue will be used for parking and parking access from ih Street.
Members of Council
Page 4
August18,2008
Surroundinq Zoninq and Land Use:
Zoning District Land Use
North 1-1, Light Industrial. Unused warehouse proposed for
Proposed zoning is D, adaptive reuse.
Downtown.
South MX, Mixed Use. Vacant
Proposed zoning is D,
Downtown.
East 1-1, Light Industrial Industrial
West 1-1, Light Industrial and MX, Vacant
Mixed Use.
Compliance with the Zoninq Ordinance:
All lots resulting from the combination of portions of the right-of-way with
adjoining lots are subject to and must comply with Zoning and Subdivision
Ordinances.
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
The proposed vacation is consistent with applicable plans; there will be no impact
on future street connectivity. Discussion as to the consistency of the proposed
development with the Belmont Fallon Plan is contained in the rezoning staff
report.
Public Utilities:
Staff received comments from the Verizon, who noted that an existing buried
telephone cable in the subject portion of right-of-way will require retention of a 15
foot easement, or the applicant must relocate the cable and easement at their
expense. Staff also received comments from the Western Virginia Water
Authority, APCo, and Roanoke Gas. All stated that their facilities would not be
impacted by the vacation.
City Department Comments:
None.
Public Comments:
None.
A,P,"".PLICATION
, ,-..". -,... .
.:"'.' ;-", ,;;- .
,_ .. ,i. .
'<STREET0RAL-LEYVACATIO'N
To: Office of the City Clerk
Fourth Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Phone: (540) 853-2541 Fax: (540) 853-1145
All submittals mustb~:typeci anCJ1ncludeall requireddocumfmtation and a check10r the filing fee.
Application is hereby submitted for street or alley vacation for the property located at:
Location and description of street or alley to be closed: The portion of alley beinq
vacated is between 7th Street, bearinq Southwest to tax number
4011135. See attached legal description and exhibit.
Proposed use of vacated street or alley: _ Private Sommerc::iaLI Residen.:ti_al
Development
5
REFLECTING TOMORROW
Portion ot Kirk Avenue, S.E. To Be Vacated
Beginning at a Point at the northwesterly intersection ot the Right-ot-Way line tor yth Street, S.E.
(Platted 4 Street) and Kirk Avenue, S.E. (platted as a 30' alley) being the southeasterly corner ot Lot
36, Section 1, Woodland Park (Deed Book 195, Page 3); thence along the easterly Right-ot-Way line
tor yth Street, S.E. S16005'00"E, 30.00 teet to a point, being the northeasterly corner ot Lot 37,
Section 1 ot said Woodland Park; thence along the southerly Right-ot-Way line tor Kirk Avenue, S.E.,
S74002'00'W, 199.80 teet to a point, being the northwesterly corner ot Lot 41, Section 1 ot said
Woodland Park; thence along a new line through the Right-ot-Way line ot Kirk Avenue, S.E.
N15058'00"W, 30.00 teet to a point on the northerly Right-ot-Way line tor Kirk Avenue, S.E., being
the southwesterly corner ot Lot 29, Section 1, ot said Woodland Park; thence continuing along the
northerly Right-ot-Way line ot Kirk Avenue, S.E., N74002'00"E, 199.74 to the POINT OF
BEGINNING containing 0.14 acre more or less and being a portion ot Kirk Avenue, S.E. shown on
Section 1 ot Woodland Park as recorded in the clerk's office ot the circuit court ot Roanoke City,
Virginia in Deed Book 195, Page 3.
PLANNERS . ARCHITECTS . ENGINEERS . SURVEYORS
ROANOKE. RICHMOND. NEW RIVER VALLEY. SHENANDOAH VALLEY
1208 Corporate Circle' Roanoke, Virginia 24018. (540) 772-9580. FAX (540) 772-8050
www.bolzer.cc
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AND ASSO.CIATE:S INC
REFLECTING' TOMORROW
Adioining Property Owners of Existing Allev to be Vacated:
4011140
H.L. Lawson & Son Incorporated
Church Ave. S.E.
0.0917 AC.
Zoning: 11
4011139
H.L. Lawson & Son Incorporated
Church Ave. S.E.
0.0917 AC.
Zoning: 11
4011138
H.L. Lawson & Son Incorporated
Church Ave. S.E.
0.0917 AC.
Zoning:-Il
4011137
H.L. Lawson & Son Incorporated
Church Ave. S.E.
0.0925 AC.
Zoning: 11
4011136
H.L. Lawson & Son Incorporated
Church Ave. S.E.
0.0915 AC.
Zoning: 11
4011135
Edward E Herington
Church Ave. S.E.
0.0915 AC.
Zoning: MX
4011115
SQUARE 1 Inc.
Campbell Ave. S.E.
0.0741 AC.
Zoning: 11
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@ci.roanoke.va.us
Architectural Review Board
Board of Zoning Appeals
Planning Commission
August 18, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Request from Lawson Building, LLC, to rezone properties
located on Campbell and Church Avenues, S.E., bearing
Official Tax Nos. 4011116 and 4011136 through 4011141,
inclusive, as well as the vacated portion of Kirk Avenue,
S.E., from 1-1, Light Industrial District and MX, Mixed Use
District, to D, Downtown District, subject to the condition that
the property will be developed in substantial conformity to
the development plan entitled "Lawson Building LLC" dated
June 5, 2008.
Planning Commission Hearing and Recommendation
Planning Commission public hearing was held on Thursday, July 17, 2008. Bya
vote of 7-0, the Commission recommends that City Council approve the
requested rezoning. Adaptive reuse of the site supports the goals of the
Belmont-Fallon Neighborhood Plan, Downtown Outlook, and Vision 2001-2020.
Notwithstanding the inconsistency with the Future Land Use Map of the
neighborhood plan, the proposed mixed use building is a desirable development
considering the design of the existing building and the site's size and topography.
Respectfully submitted,
~~
Henry Scholz, Chairman
City Planning Commission
cc: Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Manager
William M. Hackworth, City Attorney
Applicant
Members of City Council
Page 2
August 18, 2008
Application Information
Request: Rezoning, Conditional
Owner/Applicant: H.L. Lawson & Son Inc. (Lucas Lawson Thornton)
Representative: Sean Horne, Balzer & Associates Inc.
City Staff Person: Maribeth B. Mills
Site Address/Location: 631 Campbell Avenue
Official Tax Nos.: 4011116,4011141,4011136,4011137,4011138,
4011139, 4011140, and the undeveloped alley adjoining
the subject parcels.
Site Area: 0.96 Acres
Existing Zoning: 1-1, Light Industrial District and MX, Mixed Use District
Proposed Zoning: D, Downtown with Proffered Conditions
Existing Land Use: Vacant warehouse building and vacant parcels
Proposed Land Use: Mixed Use Building (Retail Sales and Multifamily)
Neighborhood Plan: Belmont-Fallon Neighborhood Plan
Specified Future Land Industrial
Use:
Filing Date: Original Application: June 5, 2008; Amended Application
NO.1: June 20, 2008
Background
The applicant is requesting to rezone the subject property to allow the
establishment of a mixed use building within the historic H.L. Lawson Building.
The first floor will contain 3,440 square feet of retail sales space with the
remaining three floors containing a total of 20 condominium units. Off-street
parking will be contained in two lots due to steep topography, one accessed from
Campbell Avenue and the other from Seventh Street. A 10 foot to 15 foot
retaining wall with pedestrian access will separate the lots and replace the
existing retaining wall. The remaining area between the upper parking area and
Church Avenue S.E. will remain undeveloped.
Conditions Proffered by the Applicant
The applicant requests that the following proffered conditions be adopted as they
pertain to Official Tax Nos. 4011116, 4011141, 4011136, 4011137, 4011138,
4011139, 4011140 and the alley:
1. The proposed development of the subject property shall substantially
conform with the development plan entitled "Lawson Building LLC" dated
June 5, 2008, prepared by Balzer & Associates Inc. attached as Exhibit A.
Members of City Council
Page 3
August 18, 2008
Considerations
Surroundinq Zoninq and Land Use:
Zoning District .,~. ., .~,. Land Use
North 1-2, Heavy Industrial District Norfolk Southern Shops.
South MX, Mixed Use District Single-family residential
and vacant parcels
East 1-1, Light Industrial District Industrial.
West 1-1, Liqht Industrial District Vacant parcels.
Compliance with the Zoninq Ordinance:
The intended use of the subject properties fulfills the purpose of the Downtown
District in following ways:
1. Facilitates safe pedestrian ways by eliminating potentially dangerous curb
cuts across the public sidewalk that access loading bays and a surface
parking area.
2. Brings viable use to a vacant property encouraging economic vitality.
3. Restores a historic building listed on the Virginia Landmarks Register and
the National Register of Historic Places.
4. Promotes activity on public streets by providing retail on the first floor with
transparent store fronts through the conversion of loading bays into doors
and windows.
5. Provides a mix of high density residential and retail units.
The Downtown District has no minimum off-street parking requirement. The
proffered development plan shows the location of the upper and lower parking
areas, with the final configuration to be determined during the comprehensive
development plan review process. A conceptual rendering shows a potential
layout for the parking area with 25 parking spaces. All parking within this
delineated area must be developed in accordance with Division 5 of the City's
Zoning Ordinance.
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
Although the future land use map in the Belmont-Fallon Neighborhood Plan
identifies Campbell Avenue as an industrial corridor, the feasibility of these
properties being redeveloped for such use is unlikely. First, the size and
topography of the properties make them impractical for industrial development.
Second, the four-story H.L. Lawson building is not conducive to modern industrial
operations, especially with loading bays opening onto the public right-of-way.
Keeping this land in an industrial use would likely lead to continued vacancy and
deterioration of the building, which was recently listed on the Virginia Landmarks
Register and is likely to be listed on the National Register of Historic Places.
Members of City Council
Page 4
August 18, 2008
Vision 2001-2020 states that downtown is not confined to the Central Business
District, but extends into surrounding neighborhoods such as Belmont. The
subject properties are located approximately 200 feet from an existing Downtown
District.
Campbell Avenue is a gateway between the Belmont neighborhood and
Downtown, being a heavily traveled connection from Vinton and eastern
Roanoke. Outlook Roanoke lists reinvesting in major gateways as one of five
strategies for revitalizing downtown as attractive entrances convey a positive and
healthy image of the City to residents, workers, and visitors. The plan also states
that one of the primary economic initiatives is to attract business to downtown.
The first step listed in achieving this is to bring in 24-hour residents through a
diverse supply of housing that offers choices for people of all age groups and
interests. Renovating this property for residential use will also preserve a
recognized historic building and promote market rate housing in a neighborhood
which needs such investment.
The following policies of Vision 2001-2020 are relevant in the consideration of
this application:
· NH P4. Downtown neighborhood. Downtown will be developed as
Roanoke's premier urban village with a mix of high-density residential,
commercial, retail uses and live/work space.
· NH P5. Housing choice. The City will have a balanced, sustainable range of
housing choices in all price ranges and design options that encourage social
and economic diversity throughout the City.
· EC P6. Cultural and historic resources. Roanoke will identify, preserve, and
protect its historic districts, landmark features, historic structures, and
archaeological sites (Note EC A27: Promote local, state, and federal
incentives to include tax credits to encourage rehabilitation of historic
structures).
· ED P3. Downtown. Downtown will continue to serve as the region's central
business district with opportunities for downtown living, office space, retail,
and cultural and entertainment attractions.
The following policies of the Belmont-Fallon Neighborhood Plan are relevant in
the consideration of this application:
· Community Design Policies:
o Gateways: Development of buildings along the Tazewell Avenue and
Campbell Avenue street frontages between Williamson Road and 1-581
should be encouraged to establish a more continuous link between
Belmont and downtown.
· Residential Development Policies
o Housing diversity: An appropriate balance of diverse housing types will
be encouraged in the Belmont-Fallon area. Residential uses will
include single and two-family dwellings, apartments, townhouses,
above first floor retail, and live-work spaces.
Members of City Council
Page 5
August18,2008
o Market-rate housing: The primary focus for new development will be on
market-rate housing, given current supplies of affordable housing in
the neighborhood.
Conformity with Vision 2001-2020's Design Principles:
Design Principles: Application's Conformity:
Buildings set close to the street with The H.L. Lawson building is situated on
parking located to the side or rear. the front property line and all parking
will be located to the side and rear.
Ground floor facades that promote The existing loading bays will be
pedestrian activity. converted to large glass windows and
doors to encourage window shopping.
Tall buildings that accommodate a The H.L. Lawson building is 4 stories
mixture of uses. tall and will accommodate retail sales
on the first floor and residential
dwellina units on the floors above.
Outside Aaencv Comments:
The City's Transportation Manager, Mark Jamison, had the following comments:
1. The parking areas must be designed such that service vehicles (dumpster
trucks) can circulate completely within the parking lot without obstructing
the street.
2. We have significant concerns over the cobblestone surface on 7th Street.
The increased intensity of use along this street may cause the
cobblestone to deteriorate. City staff has no ability to maintain this type of
surface and the street itself is not constructed to any sort of City standard.
Currently, this street serves little public use other than access to parcels
for a few vehicles per day. During inclement weather, this street is among
the last of the priorities for treatment. Our preference is that the street be
vacated and that an access easement be worked out among the adjacent
property owners.
3. It should be noted that a street improvement project for this portion of
Campbell Avenue is included in the VDOT Six-Year Improvement
Program. The anticipated typical section includes two travel lanes in each
direction with bicycle and pedestrian accommodations. While the full
extent of potential right of way impacts is unknown at this time, staff
believes that the street improvements could be accommodated while
precluding impacts to the structure itself.
Members of City Council
Page 6
August 18, 2008
4. Parking may have to be restricted across the front of this property, if not
now, at some point in the future. The street improvements identified
above will likely preclude anyon-street parking.
PlanninQ Commission Public HearinQ:
At the Planning Commission's public hearing on July 17, 2008, the following was
discussed:
1. The applicant requested that the application be amended to allow for
live/work units on the first floor. As this was not a part of the application
when the public hearing was advertised, Mr. Talevi stated that the
recommendation from the Planning Commission would have to be
postponed one month in order to re-advertise. The applicant opted to
proceed with the request without the addition of live/work units as a
permitted use.
2. Mr. Williams asked if a decision had been made about retaining the
cobblestones on ih Street S.E. The applicant stated that they intended to
keep the cobblestones but that the decision would ultimately lie with the
Transportation Division during the comprehensive development plan
review process. Richard Dearing, an adjoining property owner, appeared
before the Commission and said he enjoyed the cobblestone and hoped it
would be retained.
Jepartment of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.w.
Roanoke, Virginia 24011
Phone: (540) 853-1730 Fax: (540) 853-1230
JUN 2 0 2008
CITY OF ROANOKE
')/NINING 8UILDING AND Ol=\fROPMP
Submittal Number: IAmended Application No.1
Date: IJune 20,2008 I
tI!!9!:~~!(!:'~~r~J!!'~~J')::II
o Rezoning, Not Otherwise Listed
[g] Rezoning, Conditional
o Rezoning to Planned Unit Development
o Establishment of Comprehensive Sign Overlay District
il!tCiPe~lmarmati8~
Address: 1631 CAMPBELL AVENUE
o Amendment of Proffered Conditions
o Amendment of Planned Unit Development Plan
o Amendment of Comprehensive Sign Overlay District
Existing Base Zoning:
1-1, Light Industrial, MX- Mixed Use
(If multiple zones, please manually enter all districts.)
Ordinance No(s). for Existing Conditions (If applicable): I
I Proposed Land Use: I RETAIL & RESIDENTIAL DWELLING UNITS
Official Tax No(s).: 4011116; 4011141 ; 4011136, 4011137, 4011138, 4011139, 4011140 & Alley
o With Conditions
[g] Without Conditions
. .;,
I Phone Number:
I E-Mail: I
ATTN: LUCAS LAWSON THORNTON Phone Number: I
529-2191
ROANOKE, VIRGINIA 24035
E-Mail: ILUCAS.L.THORNTON@GMAIL.COM I
-
Name:
Address:
I
I
Applicant's Signature:
Name: !BALZER & ASSOCIATES INC.
A TTN: SEAN HORNE I Phone Number: I
772-9580
I
I
Address: 1208 Corporate Circle Roanoke, VA 24018
E-Mail: IShorne@balzer.cc
Author'
SITE LOCATION
VICINITY MAP
LAWSON BUILDING LLC
City of Roanoke, Virginia
DATE: 6-5-08
J>l A !iii liU I';. ".t:"..~c."rs
r",QIII't,".'''IV':TOI)
REFLECTING TOMORROW
Le2al Description for H.L. Lawson & Sons. Inc to be rezoned to D-Downtown for tax map numbers
4011116.4011141.4011136.4011137.4011138.4011139.401114O.andAllev
Beginning at a Point at the northwesterly intersection of the Right-of-Way line for ih Street, S.E. (platted
4 Street) and Church Avenue, S.E. (platted Woodland Avenue) being the southeasterly comer of Lot 37,
Section 1, Woodland Park (Deed Book 195, Page 3); thence along the northerly Right-of-Way line of
Church Avenue, S.E. S74002'00"W, 200.00 feet to a point being the southwesterly comer of Lot 41,
Section 1 of said Woodland Park; thence leaving the Right-of-Way line for Church Avenue, S.E. and
continuing along the westerly line of said Lot 41, N15058'00"W, passing the Right-of-Way lines for Kirk
Avenue, S.E. (platted as a 30' alley) at 99.85 feet and 129.85 feet, and continuing along the westerly line
of Lot 29, Section 1 of said Woodland Park for a total of 209.85 feet to a point on the southerly Right-of-
Way line for Campbell Avenue, S.E. (platted Norfolk Avenue); thence continuing along the Right-of-Way
line of Campbell Avenue, S.E. N74002'00"W, 199.57 feet to a point at the northeasterly comer of Lot 36,
Section 1 of said Woodland Park and being the southwesterly intersection of the Right-of-Way line for
Campbell Avenue, S.E. and the Right-of-Way line for 7TH Street, S.E.; thence leaving the Right-of-Way
line of Campbell Avenue, S.E. and continuing along the westerly Right-of-Way line for 7th Street, S.E.
S16005'00"W, passing the Right-of-Way lines for Kirk Avenue, S.E. at 80.00 feet and 110.00 feet, and
continuing along the easterly line of said Lot 37 for a total of209.85 feet to the POINT OF BEGINNING,
containing 0.96 acre more or less and being a portion of Kirk Avenue, S.E. and Lots 29 through 41,
Section 1, Woodland Park as recorded in the clerk's office of the circuit court of Roanoke City, Virginia
in Deed Book 125, Page 3. .
PLANNERS . ARCHITECTS. ENGINEERS . SURVEYORS
ROANOKE. RICHMOND. NEW RIVER VALLEY. SHENANDOAH VALLEY
1208 Corporate Circle. Roanoke, Virginia 24018. (540) 772-9580. FAX (540) 772-8050
www.balzer.cc
Narrative for Lawson Building LLC
The purpose of this request is to rezone Tax Parcels 4011116,4011141,4011136,4011137,
4011138,4011139, and 4011140 from 1-1 Industrial and MX-Mixed Use to D-Downtown
zoning to allow for the development of retail and residential condominium units within the
existing H.L. Lawson Building. In addition to these tax parcels, a portion of the existing
alley being known as Kirk Avenue is being vacated and rezoned to D- Downtown zoning.
The subject property owned byH.L. Lawson & Sons Incorporated totals approximately
0.8166 acres and currently contains an existing building, parking area, and retaining wall
onsite. The portion of the alley being vacated is undeveloped and contains 0.1375 acres. See
attached exhibits for legal descriptions and additional parcel information.
The request to rezone the property is being made with the intent to provide business space on
the first floor of the building and the remaining three floors will contain condominium style
units. The building footprint will remain the same while exterior and interior improvements
will be made within the existing shell of the building. A conceptual rendering has been
provided for the building within the zoning amendment package. (Exhibit 'C')
The architectural styling of the existing building will be complimented with modem
amenities that will be incorporated into the historical structure of the building. The first floor
retail type businesses will reflect a traditional, historical style to the building, while including
glazing for the ground level commercial. Pedestrian sidewalks will be located along
Campbell Avenue to connect this development to the surrounding community. The
additional residential living in the floors above will contain modem 'loft' type units with the
historical character of the building to remain on the exterior.
The proposed concept plan (Exhibit 'A') indicates the improvements being made with this
development. The lower parking area will have direct access from Campbell Avenue and
pedestrian access to the upper parking area. The 7th street access will remain and a private.
entrance drive is proposed within the vacated portion of Kirk Avenue right of way. This
private drive will access an upper parking area for the development. Extensive landscaping
will be provided within the site along with sidewalk improvements and streetscape plantings
along the frontage of Campbell Avenue. The conceptual rendering (Exhibit 'B') indicates the
proposed landscaping on-site.
The site is located within the neighborhood planning district of Belmont-Fallon. The
proposed Lawson Building project exemplifies some the qualities and attributes expressed
within the neighborhood plan. The proposed development accounts for numerous high
priority initiatives as defined in the neighborhood plan such as housing development and
revitalization with physical improvements of corridors and gateways. High qualities of
design are being implemented in the architectural character of the existing historical Lawson
building. (Exhibit'C') Additional attributes include attractive streetscapes, a mixed use
building, and limited parking impacts. These attributes contribute to many of the design
policies outlined within the neighborhood plan.
This project will be served by public water and sewer located in Campbell Avenue and will
be developed in accordance with all applicable regulations including, but not limited to, the
Roanoke City Zoning Ordinance.
BAI:llR
,6,ND ASSO.CIATES INC
REFLECTING. TOMORROW
Proffered Conditions for H.L. Lawson & Sons. Inc containing tax map numbers
4011116.4011141.4011136.4011137.4011138.4011139.401114O.andAllev
1. The proposed development of the subject property shall substantially conform
with the development plan entitled "Lawson Building LLC" dated June 5, 2008,
prepared by Balzer & Associates Inc. attached as Exhibit A.
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Exhibit '0'
View from Rooftop of H.L. Lawson Building
Existing Streetscape along Campbell Avenue
Existing Site Conditions
BALZID
AND ASSOCIATES INC
REFLECTING. TOMORROW
Adioininl! Property Owners of Tax Map # 4011116. 4011141. 4011136. 4011137.
4011138.4011139.4011140. and Alley:
4011135
Edward E Herington
Church Ave. S.E.
0.0915 AC.
Zoning: MX
Mailing Address: 140 Palm Circle
Atlantis, FL 33462
4011115
SQUARE 1 Inc.
Campbell Ave. S.E.
0.0741 AC.
Zoning: I1
Mailing Address: 605 Campbell Avenue
Roanoke, VA 24013
4011605
Nancy ECrigger
613 Church Avenue S.B.
0.1 029 AC.
Zoning: MX
4011606
Catherine S & Robert K Cole
Church Avenue S.E.
0.1101 AC.
Zoning: MX
Mailing Address: P.O. Box 1235
Walkertown, NC 27051
4011607
Patricia G Patsel
621 Church Avenue S.E.
0.1111 AC.
Zoning: MX
~f
j
4011608
Della Ann Economy
Church Avenue S.E.
0.1 099 AC.
Zoning: MX
Mailing Address: 4525 Shenandoah Ave. NW
Roanoke, VA 24017
4011609
Richard A & Nancy G Dearing
Church Avenue S.E.
0.1099 AC.
Zoning: MX
Mailing Address: POBox 8224
Roanoke, VA 24014
4011610
James Nichols
Church Avenue S.E.
0.1 099 AC.
Zoning: MX
Mailing Address: 2410 Deleware Ave. NW
Roanoke, VA 24017
4011611
Dorsey Martin Etzler Jr.
Church Avenue S.E.
0.1113 AC.
Zoning: MX
Mailing Address: 2400 Etzler Rd.
Troutville, VA 24175
4011204
Richard A & Nancy G Dearing
728 Church Avenue S.E.
0.8003 AC.
Zoning: 1-1
4011201
Linda T Carr
701 Campbell Avenue S.E.
0.3218 AC.
Zoning: 1-1
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
-------------------------------~------------------+------------------------
LAWSON BUILDING, LLC
POBOX 13566
ROANOKE VA 24035
REFERENCE: 80162370
11017527
N-Lawson Building
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily'
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vi~~nia. Sworn and subscribed before me this
__l~~_day of Aug 2008 Witness my hand and
official seal.
My
otary Puplic
, ".:a...'-I/
_______~_~_____6
PUBLISHED ON:
08/01 08/08
\\\1""1111
...", ~ A LA 'Y.""
", ~\) ,"'e,. ~ ~"
l :Q:-~..' NOTARy.... .'11--"-:.
:: Q;j .. PUBLIC ". -;.
= * :' REG, #7090930 ': * ~
= : MY COMMISSION: =
- . ~-
-;.~ ". m~~t:'~::
-:. ~-'. ..l . <5 ::
','~- .... ".....\.~......
, ''70", ...... ~"'"
'" ,vWEA'LTu, C)'<:. <~"',
'" n . \\~,"
" , "',11 , , , \ \
TOTAL COST:
FILED ON:
450.00
08/08/08
I
I
I
I
I
I
I
I ! NOTICE OF PUBLIC '
I i HEARING ..
I I The Council of the City at'
Roanoke will hold a'public
I I hearing on Monday; August
I ' 18, 2008, at 7:00 p.m.,' or'
as soon thereafter as the,
I matter may, be heard, In the
Council Chamber, fourth
I floor, in the Noel C. Taylor
Municipal Building, 215
I Church Avenue, S.W.,I
Roanoke, Virginia, to;
consider the following: ,
Request from Lawson
Building, LLC, to
permanently vacate,
discontinue and close an
undeveloped portion of Kirk'
Avenue, S.E., lying between
parcels bearing Official Tax
Nos. 4011141, 4011116,
401113,6, 40 1113 7 ,
4011138, 4011139 and
4011140; and to rezone
properties located on
Campbell and Church
Avenues, S.E., bearing
Official Tax Nos. 4011116
and 4011136 through
4011141, inclusive, as well
as the vacated portion of
Kirk Avenue, S.E., from' '.1,',
Light Industrial District, and I
MX, Mixed Use District, to 0,
j Downtown District, subje,ct!o
',.r;-' --f
rlh~;nditlon that the
I Property will be devel?ped in :
substantial conformity to a I
, development plan entitled I
I "Lawson Building LLC" dated
June 5, 2008, for uses
permitted in the .0,
Downtown District, including
the establishment of a
I mixed use building;
Caples of the applic.atio~s
are available for review In
the Office of the City Clerk,
\ Room 456, 'Noel C. Taylor
, Municipal Building, 215
Church Avenue, S.W.,
I Roanoke, Virginia. .
,. All parties in interest and
I citizens may appear on the
above date and be heard on
\ the matter. If you are a
I person with a disability who
, needs accommodations for:
\ this hearing, please contact
the City Clerk's Office" at
I 853,2541, before noon on
. the Thursday before the date
, of the hearing listed above.. ,
'I . .GIVEN under my hand thiS,
'29th day of July, 2008. ,
I , ..Stephanie M. Moon, CMC I
~ity Clerk. "
\11~1-7527)
" .--i
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
ing Services Representative
4\i>~
- !\~
NOTICE OF PUBLIC HEARING
The Council ofthe City of Roanoke will hold a public hearing on Monday, August 18,2008,
at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor,
in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider
the following:
Request from Lawson Building, LLC, to permanently vacate, discontinue and
close an undeveloped portion of Kirk Avenue, S.E., lying between parcels
bearing Official Tax Nos. 4011141,4011116,4011136,4011137,4011138,
4011139 and 4011140; and to rezone properties located on Campbell and
Church Avenues, S.E., bearing Official Tax Nos. 4011116 and 4011136
through 4011141, inclusive, as well as the vacated portion of Kirk Avenue,
S.E., from I-I, Light Industrial District, and MX, Mixed Use District, to D,
Downtown District, subject to the condition that the Property will be
developed in substantial conformity to a development plan entitled "Lawson
Building LLC" dated June 5, 2008, for uses permitted in the D, Downtown
District, including the establishment of a mixed use building.
Copies ofthe applications are available for review in the Office ofthe City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter.
If you are a person with a disability who needs accommodations for this hearing, please contact the
City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed
above.
GIVEN under my hand this 29th day of July
,2008.
Stephanie M. Moon, CMC
City Clerk.
Lawson Building-vacate portion of Kirk & rezone.doc
Notice to Publisher:
Publish in the Roanoke Times on Friday, August 1, 2008 and Friday, August 8, 2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
"'.
N-Lawson Building-vacate portion of Kirk & rezone 8-18-08.doc
Send Bill to:
H. I. Lawson & Son, Inc.
Attn: Lucas Lawson Thornton
P. O. Box 13566
Roanoke, Virginia 24035
(540) 529-2191
LUCAS.L. THORNTON@gmail.com
AFFIDAVIT PERTAINING TO THE REZONING AND STREET CLOSURE REQUESTS OF:
Lawson Building, LLC, Campbell and Church, S.E., Tax Nos.
4011116,4011136-141, from I-I and MX, to D and closure of
unimproved section of Kirk Avenue, SE
)AFFIDAVIT
)
COMMONWEALTH OF VIRGINIA
)
) TO-WIT:
)
CITY OF ROANOKE
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke
City Planning Commission, and as such is competent to make this affidavit of her own personal
knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia,
(1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by
first-class mail on the 30th day of June, 2008, notices ofa public hearing to be held on the I ih day of
July, 2008, on the request captioned above to the owner or agent of the parcels as set out below:
Tax No.
4011135
4011115
4011605
4011606
4011607
4011608
4011609
4011204
4011610
4011201
Name
Mailing Address
Edward E. Herington
t/a Herington Outdoor Advertising
140 Palm Circle
Atlantis, FL 33462
Square 1 Inc
605 Campbell Avenue, SE
Roanoke, VA 24013
Nancy Crigger
613 Church Avenue, SE
Roanoke, VA 24013
Catherine and Robert Cole
POBox 1325
Walkertown, NC 27051
;/
Patricia G. Pastel
621 Church Avenue, SE
Roanoke, VA 24013
Della Ann Economy
4525 Shenandoah Avenue
Roanoke, VA 24017
Richard and Nancy Dearing
POBox 8224
'-- Roanoke, VA. 24014
J ames Nichols
2410 Delaware Avenue, NW
Roanoke, VA 24017
Linda T. Carr
701 Campbell Avenue, SE
Roanoke, VA 24013
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145 '
STEPHANIE M. MOON, CMC E-mail: cIerk@roanokeva.gov
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
August 1, 2008
Mr. Sean Horne
Balzer & Associates, Inc.
1208 Corporate CirCle, S. W.
Roanoke, Virginia 24018
Dear Mr. Horne:
Pursuant to provisions of Resolution No.2 5523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Monday, August 18, 2008, at 7:00 p.m., or as soon thereafter as the matter may
be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., on the request of Lawson Building, LLC, that
an undeveloped portion of Kirk Avenue, S. E., be permanently vacated,
discontinued and closed; and properties located on Campbell and Church
Avenues, as well as the vacated portion of Kirk Avenue, S. E., be rezoned from 1-1,
Light Industrial District, and MX, Mixed Use District, to D, Downtown District,
subject to a proffered condition.
For your information, I am enclosing copy of a notice of public hearing. Please
review the document and if you have questions, you may contact Steven J. Talevi,
Assistant City Attorney, at 540-853-2431.
It will be necessary for you, or your designee, to be present at the August '18
public hearing. Failure to appear could result in a deferral of the matter until
a later date.
Sincerely,
1~o!::~t;e:/
City Clerk
SM M :ew
Enclosure
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
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 1, 2008
Mr. Edward E. Herington
Square line
Ms. Nancy Crigger
Mr. and Mrs. Robert Cole
Ms. Patricia G. Pastel
Ms. Della Ann Economy
Mr. and Mrs. Richard Dearing
Mr. James Nichols
Ms. Linda T. Carr
Sandra Eanes, President
Southeast Action Forum, Inc.
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Monday, August 18, 2008, at 7:00 p.m., or as soon thereafter as the matter may
be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., on the request of Lawson Building, LLC, that
an undeveloped portion of Kirk Avenue, S. E., be permanently vacated,
discontinued and closed; and properties located on Campbell and Church
Avenues, as well as the vacated portion of Kirk Avenue, S. E., be rezoned from 1-1,
Light Industrial District, and MX, Mixed Use District, to D, Downtown District,
subject to a proffered condition.
This letter is provided for your information as an interested property owner and/or
adjoining property owner. If you have questions with regard to the matter, please
contact the Department of Planning, Building and Development at 540-853-1730.
If you would like to receive a copy of the report of the City Planning Commission,
please contact the City Clerk's Office at 540-853-2541.
Sincerely,
~fY)\7t~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Adjoining Property Owners
August 1, 2008
Page 2
pc: Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Henry Scholz, Chair, City Planning Commission,
Martha P. Franklin, Secretary, City Planning Commission
Nancy C. Snodgrass, Zoning Administrator
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church A venue, s. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
June 6, 2008
CECELIA R. TYREE
Assistant Deputy City Clerk
Henry Scholz, Chair
City Planning Commission
Hall Associates, Inc.
213 Jefferson Street, S.W. Suite 1007
Roanoke, Virginia 24011
Dear Mr. Scholz:
o
Pursuant to Section 36.1-690(e), Code of the City of Roanoke (1979), as
amended, I am enclosing copy of an Application for Street or Alley Vacation
received in the City Clerk's Office on June 5, 2008, Lawson Building L.L.c.,
requesting that a portion of an alley between Seventh Street and Kirk
Avenue, S. E., be permanently vacated, discontinued and closed.
Sincerely,
~rn.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosure
pc: The Honorable Mayor and Members of the Roanoke City Council
(w/o enclosure)
The Honorable David A. Bowers, Mayor - Elect, 335 W. Church
Avenue, S. W., Roanoke Virginia 24016 (w/o enclosure)
Court G. Rosen, Council Member - Elect, 3326 Allendale Street, S. W.,
Roanoke, Virginia 24014 (w/o enclosure)
Anita J. Price, Council Member - Elect, 3101 Willow Road, N. W., Roanoke,
Virginia 2401 7(w/o enclosure)
K:\REZONING AND STREET C:J .OSl rRF.\.~rrP.f':t or ~1Ip.v wl('~finn ')noR\1th S::trr...t _ 1 ~ul';:nn R"ilrlino T ,r 1"1",..
Henry Scholz, Chair
June 6, 2008
Page 2
Mr. Lucas Thornton, Lawson Building L.L.c., P. O. Box 13566, Roanoke,
Virginia 240.35 (w/o enclosure)
Susan S. Lower, Director, Real Estate Valuation
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
K:\REZONJNO AND STREET C:l.o.<\1 JRF,\Strpp.t ()f nllp.v vnrntinn "'nOR\7th .~trr...t _ 1 nmlO:nn Ruilrlino T J r tin,.
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 19, 2008
Mr. Lewis H. Moody
1229 6th Street, S. E.
Roanoke, Virginia 24013
Dear Mr. Moody:
I am enclosing copy of Ordinance No. 38204-081808 permanently vacating,
discontinuing and closing a paper street lying between parcels bearing Official
Tax Nos. 4022420 and 4141901 on Sixth Street, S. E.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 18, 2008, and is in full
force and effect upon its passage.
Sincerely,
- ., th. m ~cM.J
Stephanie M. Moon, CMC - - C
City Clerk
SMM:ew
Enclosure
Mr. Lewis H. Moody
August 19, 2008
Page 2
pc: Mr. and Mrs. Roscoe Wilson, 145 Edgewood Farm Lane, Wirtz, Virginia
24184
Sandra Eanes, President, Southeast Action Forum, Inc., 1616 Stewart'
Avenue, S. E., Roanoke, Virginia 24013
The Honorable Brenda S. Hamilton, Clerk of Circuit Court
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, PE, LS, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
Nancy C. Snodgrass, Zoning Administrator
~<\~.
I. \'\
ij ~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38204-081808.
AN ORDINANCE permanently vacating, discontinuing and closing a certain public
right-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing
with the second reading by title of this ordinance.
WHEREAS, Lewis H. Moody, filed an application to the Council of the City of Roanoke,
Virginia ("City Council"), in accordance with law, requesting City Council to permanently
vacate, discontinue and close a certain public right-of-way described hereinafter;
WHEREAS, the City Planning Commission, after giving proper notice to all concerned
as required by 930-14, Code of the City of Roanoke (1979), as amended, and after having
conducted a public hearing on the matter, has made its recommendation to Council;
WHEREAS, a public hearing was held on such application by City Council on August
18,2008, after due and timely notice thereof as required by 930-14, Code of the City of Roanoke
(1979), as amended, at which hearing all parties in interest and citizens were afforded an
opportunity to be heard on such application;
WHEREAS, it appearing from the foregoing that the land proprietors affected by the
requested closing of the subject public right-of-way have been properly notified; and
WHEREAS, from all of the foregoing, City Council considers that no inconvenience will
result to any individual or to the public from permanently vacating, discontinuing and closing
such portion of a certain public right-of-way.
O-Lewis Moody-vacate paper street.doc
I
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that
the certain public right-of-way situate in the City of Roanoke, Virginia, and more particularly
described as follows:
A paper street lying between parcels bearing Official Tax Nos. 4022420 and 4141901, on
Sixth Street, S .E.
be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of
the public in and to the same be, and hereby is, released insofar as City Council is empowered so
to do with respect to the closed right-of-way, reserving however, to the City of Roanoke and any
utility company or public authority, including, specifically, without limitation, providers to or for
the public of cable television, electricity, natural gas or telephone service, an easement for
sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and
related facilities that may now be located in or across such public right-of-way, together with the
right of ingress and egress for the maintenance or replacement of such lines, mains or utilities,
such right to include the right to remove, without the payment of compensation or damages of
any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments
on or over the easement which impede access for maintenance or replacement purposes at the
time such work is undertaken; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above-described public right-of-way of any
such municipal installation or other utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent,
receive all required approvals of, and record with the Clerk of the Circuit Court for the City of
Roanoke, a subdivision plat, with such plat combining all properties which would otherwise
dispose of the land within the right-of-way to be vacated in a manner consistent with law, and
retaining appropriate easements, together with the right of ingress and egress over the same, for
O-Lewis Moody-vacate paper street.doc
2
the installation and maintenance of any and all existing utilities that may be located within the
right-of-way.
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions
to the granting of the application, deliver to the Clerk of the Circuit Court of the City of
Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in
,<
such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor,
and in the name of the applicant, and the names of any other parties in interest who may so
request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such
recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this
ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia,
where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of
Roanoke, Virginia; the Clerk's receipt, demonstrating that such recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not been met within a
period of twelve (12) months from the date of the adoption of this ordinance, then such
ordinance shall be null and void with no further action by City Council being necessary.
BE IT FINALLY ORDAINED that pursuant to the provisions of 912 of the City Charter,
the second reading of this ordinance by title is hereby dispensed with.
ATTEST:
0#
h;. fYt~
City Clerk.
O-Lewis Moody-vacate paper street,doc
3
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@ci.roanoke.va.us
Architectural Review Board
Board of Zoning Appeals
Planning Commission
August 18, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Request from Lewis H. Moody to permanently vacate,
discontinue and close a paper street lying between parcels
bearing Official Tax Nos. 4022420 and 4141901, on Sixth
Street, S.E.
Planning Commission Hearing and Recommendation:
Planning Commission public hearing was held on Thursday, July 17, 2008. Bya
vote of 6-0 (Mr. Scholz absent for the vote), The Commission recommends that
City Council approve the applicant's request to vacate the right-of-way, and
further recommends that the right-of-way be vacated with no payment to the City.
Approval of the application will result in no public inconvenience and will
eliminate a segment right-of-way which has no value in terms of future street
connectivity.
The closure should be subject to the following conditions:
A. The applicant shall submit a subdivision plat to the Agent for the
Planning Commission, receive all required approvals of, and
record the plat with the Clerk of the Circuit Court for the City of
Roanoke. Said plat shall combine all properties which would
otherwise dispose of the land within the right-of-way to be
vacated in a manner consistent with law, and retain appropriate
easements for the installation and maintenance of any and all
existing utilities that may be located within the right-of-way,
including the right of ingress and egress.
Members of City Council
Page 2
August 18, 2008
B. Upon meeting all other conditions to the granting of the
application, the applicant shall deliver a certified copy of this
ordinance for recordation to the Clerk of the Circuit Court of
Roanoke, Virginia, indexing the same in the name of the City of
Roanoke, Virginia, as Grantor, and in the name of the Petitioner,
and the names of any other parties in interest who may so
request, as Grantees. The applicant shall pay such fees and
charges as are required by the Clerk to effect such recordation.
C. Upon recording a certified copy of this ordinance with the Clerk
of the Circuit Court of the City of Roanoke, Virginia, the
applicant shall file with the Engineer for the City of Roanoke,
Virginia, the Clerk's receipt, demonstrating that such recordation
has occurred.
D. If the above conditions have not been met within a period of one
year from the date of adoption of this ordinance, then said
ordinance shall be null and void with no further action by City
Council being necessary.
Respectfully submitted,
~~
Henry Scholz, Chairman
City Planning Commission
cc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager
Applicant
Members of City Council
Page 3
August 18, 2008
Application Information
Request: Permanent vacation of an undeveloped riQht-of-way
Adjoining Owner/applicant Lewis Moody
Mr. Moody recently purchased Tax No. 4141901 on June
17,2008.
City Staff Person: Frederick Gusler, AICP
Site Address/Location: Between 1229 and 1301 Sixth Street, SE
Official Tax Nos. of 4022420 and 4141901
adjoining properlies:
Site Area: +/- 9,750 square feet
Existing Zoning: RM-1, Residential Mixed Density District
Proposed Zoning: No change proposed
Existing Land Use: Undeveloped right-of-way
Proposed Land Use: Combination with adjoining properties.
Neighborhood Plan: Momingside-Kenwood-Riverdale
Specified Future Land Use: Residential: Single-family and scattered duplex
Filing Date: Original Application: May 24,2008
Background
The applicant owns the adjoining properties to the north and south of the right-of-
way. Half of the right-of-way is proposed to be combined with Tax No. 4022420
and the other half combined with Tax No. 4141901.
Two issues led to the request to vacate the right-of-way. First, the accessory
structure for 1229 Sixth Street is partially located within the subject right-of-way.
Second, the City's Engineering Division is installing curb along Sixth Street and
the lot frontage of 1229 Sixth Street is inadequate to install the driveway and
associated entrance. The proposed right-of-way vacation will address both
issues.
Considerations
Section 30-14(5) of the Code of the City of Roanoke provides the following
standard for consideration of street and alley vacation requests:
"Following the hearing before the city planning commission on an
application to alter or vacate a street or alley, the commission shall
report in writing to the city council whether in its opinion, any, and if
any, what inconvenience would result if the application were
approved by council, and the commission shall report and make a
recommendation to council as to whether the application should be
approved."
Members of City Council
Page 4
August 18, 2008
Surroundinq Zoninq and Land Use:
Zoning District Land Use
North RM-1, Residential Mixed Density Single-Family Dwelling
South RM-1, Residential Mixed Density Vacant
East RM-1, Residential Mixed Density Single-Family Dwelling, vacant
West RM-1, Residential Mixed Density Railroad
Compliance with the Zoninq Ordinance:
The properties adjoining the right-of-way are zoned RM-1, Residential Mixed
Density District. The predominant land use in the neighborhood is single-family
residences. Enlargement of the property would increase the permissible number
of dwelling units that could be constructed only in the case of a townhouse
development, which is a special exception use in the RM-1 District. Both
adjoining lots have sufficient lot area for a two-family dwelling, which is also a
special exception use in the RM-1 District. No additional development parcels
could be created through resubdivision.
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
The proposed vacation is consistent with applicable plans; there will be no effect
on future street connectivity.
Public Utilities:
Staff received comments from the Western Virginia Water Authority, who noted
that an existing eight inch sewer line in the subject portion of right-of-way will
require retention of a 20 foot easement.
Staff also received responses from Verizon, APCo, and Roanoke Gas. All stated
that their facilities would not be impacted by the vacation of the subject portion of
right-of-way.
Sale price:
The right-of-way has no value for future street connectivity, will be partially
occupied by a retained sewer easement, and will allow a City curb project to be
constructed.
City Department Comments:
None.
Public Comments:
None.
",-.,.;"
APPLICATION
STREET'OR ALLEY VACATION
ROANOKE
<i
Date:_May 24,2008
To: Office of the City Clerk
Fourth Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Phone: (540) 853-2541 Fax: (540) 853-1145
AU submittals must be typed and include all required documentation and a check for the filing fee.
Application is hereby submitted for street or alley vacation for the property located at:
Location and description of street or alley to be closed:
paper street located between an eXIsting structure on 1 LL9 ~IXth ~treet KoanoKe Va L4U1 j
(OffICial I ax Map No. 4022420) and a vacant lot, formerly 1301 Sixth Street SE RoanoKe Va 24013
(Official Tax Map No. 4141901).
Proposed use of vacated street or alley:
To eliminate the property line issues associated with a paper street so the garage and driveway to
1229 Sixth Street will be on private property.
Name of Applicant/Contact Person: Lewis H. Moody
Mailing Address: 1229 Sixth Street Roanoke Va 24013
Telephone: (54p 312-838 Fax: ( )
E-mail: pcguy3128538@cox.net
Applicant(s) signature(s): ~~ '7f 'l1h~~
~.
The Roanoke Times
Roanoke, Virginia
Affidavit of publication
The Roanoke Times
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-------------------------------------------~------+------------------------
MOODY, LEWIS H
1229 SIXTH ST
ROANOKE VA 24013
REFERENCE:
S0106459
11017552
Moody-vac
N-Lewis H.
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates :,
City/County of Roanoke, Commonwealth/State of
Vi~nia. Sworn and subscribed before me this
__~~l_day of Aug 20~OS' Witness my hand and
official seal.
~___ _ __ Notazr. Fpb~ic
My xp~re ---------~~6j~jJ-.
PUBLISHED ON:
OS/Ol
OS/OS
TOTAL COST:
FILED ON:
306.00
OS/OS/OS
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. NOTICE OF PUBLIC !
HEARING \
The Council of the City of i
1\ Roanoke will hold a public
hearing on Monday, August
18, 2008, at 7:00 p.m., or
I as soon thereafter as the
matter may be heard, in the
Council Chamber, fourth
floor, in the Noe,l C. Taylor
Municipal Building, 215
Church Avenue, S.W.,
Roanoke, Virginia, to
consider the following: .
Request from Lewis H.
Moody to permanently I
vacate, discontinue and
,close'a paper street lying
,between parcels bearing
. Official Tax Nos: 4022420
and 4141901, on Sixth.
Street, S.E.
A copy of the application is
available for review in the
Office of the City Clerk"
Room 456, NoelC. Taylor
Municipal Building, 215
Church Avenue, S.W.,
Roanoke, Virginia.
All parties in interest and.
i citizens may appear on the
j above date and be heard on
the matter. If you are a,
I' person with a disability who
needs accommodations for,
this hearing, please contact
the City Clerk's Office, at.
I 853-2541, before noon on,
the Thursday before the date
of the hearing listed above. I
GIVEN under my hand this
29th day of July, 2008.
Stephanie M. Moon, CMC I
. City Clerk. ~
(11017552)
-
Authorized ~- ~r~A fA \
Signature '--/~#-+-r...~---' Bllling Services Representative
0{;~
~
NOTICE OF PUBLIC HEARING
The Council ofthe City of Roanoke will hold a public hearing on Monday, August 18,2008,
at 7 :00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor,
in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider
the following:
Request from Lewis H. Moody to permanently vacate, discontinue and close
a paper street lying between parcels bearing Official Tax Nos. 4022420 and
4141901, on Sixth Street, S.E.
A copy ofthe application is available for review in the Office ofthe City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter.
If you are a person with a disability who needs accommodations for this hearing, please contact the
City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed
above.
GIVEN under my hand this 29th day of July
,2008.
Stephanie M. Moon, CMC
City Clerk.
Lewis H. Moody-vacate paper street-Sixth Street.doc
Notice to Publisher:
Publish in the Roanoke Times on Friday, August I, 2008 and Friday, August 8, 2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
N-Lewis H. Moody-vacate paper street-Sixth Street 8-18-08.doc
Send Bill to:
Lewis H. Moody
1229 Sixth Street
Roanoke, Virginia 24013
(540) 312-8538
pcguy3128538@cox.net
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 1, 2008
Mr. Lewis H. Moody
1229 6th Street, S. E.
Roanoke, Virginia 24013
Dear Mr. Moody:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Monday, August 18, 2008, at 7:00 p.m., or as soon thereafter as the matter may
be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., on your request that a paper street located
between an existing structure on 1229 Sixth Street, and a vacant lot, formerly
known as 1301 Sixth Street, S. E., be permanently vacated, discontinued and
closed.
For your information, I am enclosing copy of a notice of public hearing. Please
review the document and if you have questions, you may contact Steven J. Talevi,
Assistant City Attorney, at 540-853-2431.
It will be necessary for you, or your designee, to be present at the August 18
public hearing. Failure to appear could result in a deferral of the matter until
a later date.
Sincerely,
A~m.~
Stephanie M. Moon, CMC
City Clerk
SM M: ew
Enclosure
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
August 1, 2008
CECELIA R. TYREE
Assistant Deputy City Clerk
Mr. and Mrs. Roscoe Wilson
145 Edgewood Farm Lane
Wirtz, Virginia 24184
Sandra Eanes, President
Southeast Action Forum, Inc.
1616 Stewart Avenue, S. E.
Roanoke, Virginia 24013
Dear Ladies and Mr. Wilson:
Pursuant to provisions of Resolution No.2 5 523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Monday, August 18, 2008, at 7:00 p.m., or as soon thereafter as the matter may
be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 21 5 Church Avenue, S. W., on the request of Lewis H. Moody, that a
paper street located between an existing structure on 1229 Sixth Street, and a
vacant lot, formerly known as 1301 Sixth Street, S. E., be permanently vacated,
discontinued and closed.
This letter is provided for your information as an interested property owner and/or
adjoining property owner. If you have questions with regard to the matter, please
contact the Department of Planning, Building and Development at 540-853-1730.
If you would like to receive a copy of the report of the City Planning Commission,
please contact the City Clerk's Office at 540-853-2541.
Sincerely,
~/'IJ.~
Stephanie M. Moon, CMC
City Clerk
SMM :ew
pc: Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Henry Scholz, Chair, City Planning Commission,
Martha P. Franklin, Secretary, City Planning Commission
Nancy C. Snodgrass, Zoning Administrator
AFFIDAVIT PERTAINING TO THE STREET CLOSURE REQUEST F:
Lewis H. Moody for paper street on Sixth Street, S.E.
)AFFIDAVIT
COMMONWEALTH OF VIRGINIA
)
) TO- WIT:
)
CITY OF ROANOKE
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke
City Planning Commission, and as such is competent to make this affidavit of her own personal
knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia,
(1950), as amended, on behalf ofthe Planning Commission of the City of Roanoke, she has sent by
first-class mail on the 30th day of June, 2008, notices of a public hearing to be held on the 17th day of
July, 2008, on the request captioned above to the owner or agent ofthe parcels as set out below:
Tax No.
Name
Mailing Address
4022420
Applicant
4141901
Roscoe and Linda Wilson
145 Edgewood Farm lane
Wirtz, VA 24184
Also Notified: Sandra Eanes, Presid/7t, SEAF
Yr;(1Af:hw ftld ?iI~L
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 30th
daYOfJUne'200~U' f( !1/a;:/;D
Notary Public
My Commission Expires:
/1/3CJ leJ 0
CANDACE R. MARTIN
NOTARY PUBLIC
Commonwealth of Virginia
Reg. #2~2076 ~
My Commission Expires
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
May 29, 20013
CECELIA R. TYREE
Assistant Deputy City Clerk
Henry Scholz, Chair
City Planning Commission
Hall Associates, Inc.
213 Jefferson Street, S.W. Suite 1007
Roanoke, Virginia 24011
Dear Mr. Scholz:
Pursuant to Section 36.1-690(e), Code of the City of Roanoke (1979), as
amended, I am enclosing copy of an Application for Street or Alley Vacation
received in the City Clerk's Office on May 28, 2008, from Lewis H. Moody
requesting that a paper street located between an existing structure on 1229
Sixth Street, S. E., and a vacant lot, formerly known as 1301 Sixth Street, S. E.,
be permanently vacated, discontinued and closed.
Sincerely,
A~h1,~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosure
pc: The Honorable Mayor and Members of the Roanoke City Council
(w/o enclosure)
The Honorable David A. Bowers, Mayor - Elect, 335 W. Church
Avenue, S. W., Roanoke Virginia 24016 (w/o enclosure)
Court G. Rosen, Council Member - Elect, 3326 Allendale Street, S. W.,
Roanoke, Virginia 24014 (w/o enclosure)
AnitaJ. Price, Council Member - Elect, 3101 Willow Road, N. W., Roanoke,
Virginia 2401 7(w/o enclosure)
K:\REZONlNG AND STREET CLOSURElStreet or altey vacation 2008\1229 6th St SE paper slreelodoc
Henry Scholz, Chair
May 29, 2008
Page 2
Mr. Lewis H. Moody, 1229 6th Street, S. E., Roanoke, Virginia 24013-2405
(w/o enclosure)
Susan S. Lower, Director, Real Estate Valuation'
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
/ Steven J. Talevi, Assistant City Attorney
K:\REZONlNG AND STREET CLOSURElStreet or alley vacation 2008\1229 6th St SE paper street.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
August 19, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Ladies:
I am attaching copy of Resolution No. 38205-081808 authorizing the issuance
of $8,210,000.00 for the purpose of providing funds for Fire/EMS Facilities,
public libraries, streetscape and bridge renovation projects.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 18, 2008.
Sincerely,
. th. ~
Step anie M. Moon, CMC .
City Clerk
SMM:ew
Enclosure
Darlene L. Burcham
Ann H. Shawver
August 19, 2008
Page 2
pc: Donald G. Gurney, Esquire, Hawkins, Delafield & Wood, LLP,
.67 Wall Street, 11'th Floor, New York, New York 10005
Jay Conrad, Senior Vice President, BB& T Capital Markets,
P. O. Box 1575, Richmond, Virginia 23218-1575
Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools,
P. O. Box 13145, Roanoke, Virginia 24031
David B. Carson, Chair, Roanoke City School Board, 3037 Carolina
Avenue, S. W., Roanoke, Virginia 24014
Cindy H. Poulton, C;lerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031
The Honorable Brenda S. Hamilton, Clerk of Circuit Court (True Copy)
William M. Hackworth, City Attorney
James Grigsby, Assistant City Manager of Operations
H. David Hoback, Fire-EMS Chief
A. L. Gaskins, Chief of Police
Sheila S. Umberger, Director, Roanoke City Libraries
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Robert K. Bengtson, PE, Director of Public Works
Philip C. Schirmer, PE, LS, City Engineer
Mark D. Jamison, P. E., PTOE, Manager, Transportation Division
Charles M. Anderson, Architect II
Deborah J. Moses, Director, Hotel Roanoke Conference Center
~~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
RESOLUTION NO:8205 -081808
A RESOLUTION AUTHORIZING THE ISSUANCE OF EIGHT MILLION TWO
HUNDRED TEN THOUSAND DOLLARS ($8,210,000) PRINCIPAL AMOUNT OF
GENERAL OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM
OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF SUCH CITY,
FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF THE
ACQIDSITION, CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT,
EXTENSION, ENLARGEMENT AND EQUIPPING OF VARIOUS PUBLIC
IMPROVEMENT PROJECTS OF AND FOR SUCH CITY; FIXING THE FORM,
DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING
FOR THE SALE OF SUCH BONDS; AUTHORIZING THE PREPARATION OF A
PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT
RELATING TO SUCH BONDS AND THE DISTRIBUTION THEREOF AND THE
EXECUTION OF A CERTIFICATE RELATING TO SUCH OFFICIAL STATEMENT;
AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING
DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING AND
PROVIDING FOR THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION NOTES
IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS;
DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE
CERTAIN POWERS WITH RESPECT TO THE SALE AND DETERMINATION OF
THE DETAILS OF SUCH BONDS AND NOTES; AND OTHERWISE PROVIDING
WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND
NOTES
WHEREAS, in the judgment of the Council (the "Council") of the City of
Roanoke, Virginia (the "City"), it is desirable to authorize the City to contract a debt and to
authorize the issuance of $8,210,000 principal amount of general obligations of the City, in the
form of General Obligation Public Improvement Bonds of the City, for the purpose of providing
funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of various public improvement projects of and for the City and to
authorize the issuance of a like. principal amount of General Obligation Public Improvement
Bond Anticipation Notes in anticipation of the issuance of such Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA:
546975.1031801 RES
SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia,
1950, the' same being the Public Finance Act of 1991 (the "Public Finance Act of 1991"), for the
purpose of providing funds to pay the costs of the acquisition, construction, reconstruction,
improvement, extension, enlargement and equipping of various public improvement projects of
and for the City set forth in Section 7, the City is authorized to contract a debt and to issue
$8,210,000 principal amount of general obligation bonds of the City to be designated and known
as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds" (referred to
herein as the "Bonds").
(b) The Bonds shall be issued and sold in their entirety at one time, or from
time to time in part in series, as shall be determined by the Director of Finance. There shall be
added to the designation of the Bonds a series designation determined by the Director of Finance.
The Bonds shall be issued in fully registered form in the denomination of $5,000 each or any
whole multiple thereof. The Bonds of a given series shall be numbered from No. R-l upwards in
order of issuance. The Bonds shall bear interest from their date payable on such date and
semiannually thereafter as shall be determined by the City Manager, and the Director of Finance
in accordance with the provisions of Section 8 hereof. The Bonds of each series shall be issued
in such aggregate principal amounts (not exceeding the aggregate principal amount specified in
Section l(a)); and shall mature on such dates and in such years (but in no event exceeding forty
(40) years from their date or dates), and in the principal amount in each such year, as shall be
determined by the City Manager and the Director of Finance in ac~ordance with the provisions
of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred and
sixty (360) day year comprised of twelve (12) thirty (30) day months.
(c) The Bonds (or portions thereof in installments of $5,000) shall be subject
to redemption at the option of the City prior to their stated maturities, in whole or in part from
time to time on any date, in such order as may be determined by the City (except that if at any
time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds
or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by
lot), upon payment of such redemption prices (expressed as a percentage of the principal amount
of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the
redemption thereof, as shall be determined by the City Manager and the Director of Finance in
accordance with the provisions of Section 8 hereof.
(d) (i) If any Bond (or' any portion of the principal amount thereof in
installments of $5,000) shall be called for redemption, notice of the redemption thereof,
specifying the date, number and maturity of such Bond, the date and place or places fixed for its
redemption, and if less than the entire principal amount of such Bond is to be redeemed, that
such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and
a new Bond or Bonds issued equalling in principal amount that portion of the principal amount
thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed
for redemption, by fIrst class mail, postage prepaid, to the registered owner thereof at his address '
as it appears on the books of registry kept by the Registrar as of the close of business on the
forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption
- 2-
546975.1 031801 RES
of any Bond shall have been given as aforesaid, and payment of the principal amount of such
Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest
payable upon such redemption shall have been duly made or provided for, interest thereon shall
cease to accrue from and after the date so specified for the redemption thereof.
(ii) So long as the Bonds are in book-entry only form, any notice of
redemption shall be given only to The Depository Trust Company, New York, New York
("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner
of the Bonds any notice of redemption.
SECTION 2. The full faith and credit of the City shall be and is irrevocably
pledged to the punctual payment of the principal of and interest on the Bonds as the same
become due. In each year while the Bonds, or any of them, are outstanding and unpaid, the
Council shall be authorized and required to levy and collect annually, at the same time and in the
same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable
property within the City, over and above all other taxes, authorized or limited by law and without
limitation as to rate or amount, sufficient to pay when due the principal of and interest on the
Bonds to the extent other funds of the City are not lawfully available and appropriated for such
purpose.
SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by
the manual or facsimile signature of the Mayor and shall have a facsimile of the corporate seal of
the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk.
(b) The Director of Finance is hereby. authorized to appoint a Registrar and
Paying Agent for the Bonds (the "Registrar").
(c) The Director of Finance shall direct the Registrar to authenticate the
Bonds and no Bond shall be valid or obligatory for any pwpose unless and until the certificate of
authentication endorsed on each Bond shall have been manually executed by an authorized
signatory of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the
certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a
Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of
the date of the iilitial issuance and delivery of the Bonds of the series of Bonds of which such
Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be
dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th)
day of the calendar month next preceding an interest payment date and prior to such interest
payment date, the certificate shall be dated as of such interest payment date and (iv) in all other
instances the certificate shall be dated as of the interest payment date next preceding the date
upon which the Bond is authenticated. In the event the Bonds of any series shall be dated as of a
date other than the first day of a calendar month or the dates on which interest is payable on such
series are other than the first days of calendar months, the provisions of this Section 3( c) with
regard to the authentication of such Bonds and of Section 9 with regard to the form of such
Bonds shall be modified as the Director of Finance shall determine to be necessary or
appropriate.
- 3 -
546975.1031801 RES
(d) The execution and authentication of the Bonds in the manner set forth
above is adopted as a due and sufficient authentication of the Bonds.
SECTION 4. (a) The principal of the Bonds shall be payable in such coin or
currency of the United States of America as at the respective dates of payment thereof is legal
tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be
payable by check mailed by the Registrar to the registered owners of such Bonds at their
respective addresses as such addresses appear on the books of registry kept pursuant to this
Section 4; provided, however, that so long as the Bonds are in book-entry form and registered in
the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as
may be requested by an authorized representative of DTC, interest on the Bonds shall be paid
directly to Cede & Co. or such other nominee of DTC by wire transfer.
(b) At all times during which any Bond of any series remains outstanding and
unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry
for the registration, exchange and transfer of Bonds of such series. Upon presentation at its
office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall
register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books
of registry the Bonds as hereinbefore set forth.
(c) The books of registry shall at all times be open for inspection by the City
or any duly authorized officer thereof.
(d) Any Bond may be exchanged at the office of the Registrar for such series
of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums
of the same series, interest rate and maturity.
(e) Any Bond of any series may, in accordance with its terms, be transferred
upon the books of registry by the person in whose name it is registered, in person or by his duly
authorized attorney, upon surrender of such Bond to the Registrar for cancellation, accompanied
by a written instrument of transfer duly executed by the registered owner in person or by his duly
authorized attorney, in form satisfactory to the Registrar.
(f) All transfers or exchanges pursuant to this Section 4 shall be made without
expense to the registered owners of such Bonds, except as otherwise herein provided, and except
that the Registrar for such series, of Bonds shall require the payment by the registered owner of
the Bond requesting such transfer or exchange of any tax or other governmental charges required
to be paid with respect'to such transfer or exchange. All Bonds surrendered pursuant to this
Section 4 shall be cancelled.
-4-
546975.1 031801 RES
(g) (i) The Bonds shall be issued in full book-entry form. One Bond
representing each maturity of the Bonds will be issued to and registered in the name of Cede &
Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be
immobilized in the custody of DTC. DTC will act as securities depository for the Bonds.
Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or
any whole multiple thereof. Purchasers will not receive physical delivery of certificates
representing their interest in the Bonds purchased.
(ii) Principal and interest payments on the Bonds will be made by the
Registrar to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which will in
turn remit such payments to the DTC participants for subsequent disbursal to the beneficial
owners of the Bonds. Transfers of principal and interest payments to DTC participants will be
the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by
DTC participants will be the responsibility of such participants and other nominees of such
beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book
entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect
participants of DTC and the beneficial owners of the Bonds.
(iii) The City will not be responsible or liable for sending transaction
statements or for maintaining, supervising or reviewing records maintained by DTC, its
participants or persons acting through such participants or for transmitting payments to,
communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds.
SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds,
but no such number shall constitute a part of the contract evidenced by the particular Bond upon
which it is printed; no liability shall attach to the City or any officer or agent thereof (including
any paying agent for the Bonds) by reason of such numbers or any use made thereof (including
any use thereof made by the City, any such officer or any such agent) or by reason of any
inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or
omission with respect to such numbers shall not constitute cause for failure or refusal by the
successful bidder or purchaser to accept delivery of and pay for the Bonds in accordance with the
terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers
on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau
charge for the assignment of such numbers shall be the responsibility of the successful bidder for
or purchaser of the Bonds.
(b) A copy of the final legal opinion with respect to the Bonds, with the name
of the attorney or attorneys rendering the same, together with a certification of the City Clerk,
executed by a facsimile signature of that officer, to the effect that such copy is a true and
complete copy (except for letterhead and date) of the legal opinion which was dated as of the
date of delivery of and payment for the Bonds, may be printed on the Bonds.
- 5 -
546975.1 031801 RES
SECTION 6. The City covenants and agrees to comply with the provisions of
Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury
Regulations promulgated thereunder throughout the term of the Bonds.
SECTION 7. The proceeds of the sale of the Bonds shall be applied to the
payment of the cost of the following public improvement projects of and for the City in
substantially the following respective amounts:
Purpose
Amount
Public Schools
Public Libraries
Public Bridges
Streetscape Projects
Public Buildings
- $2,500,000
1,860,000
1,700,000
1,150,000
1.000.000
$8,210,000
If any project set forth above shall require less than the entire respective amount so set forth, the
difference may be applied to any of the other projects so set forth.
SECTION 8. (a) The Bonds shall be sold at negotiated or competitive sale on
such date or dates and at such price or prices as shall be determined by the City Manager and the
Director of Finance. In the event it is determined that the Bonds shall be sold at competitive
sale, the Director of Finance is hereby authorized to prepare or cause to be prepared a Summary
Notice of Sale of the Bonds and to cause such Summary Notice of Sale to be published in The
Bond Buyer, a financial journal published in the City of New York, New York, and to prepare or
cause to be prepared and distributed a Preliminary Official Statement and a Detailed Notice of
Sale relating to the Bonds. In preparing the Detailed Notice of Sale relating to the Bonds, the
Director of Finance is hereby authorized to provide that bids for the purchase of the Bonds may
be received by electronic bidding. The City Manager and the Director of Finance (i) are hereby
authorized to determine the dated date of the Bonds of each series, the dates the Bonds of each
series shall mature, the dates on which interest on the Bonds shall be payable, the aggregate
principal amount of the Bonds of each series and the principal amount of the Bonds of each
series maturing in each year and (ii), in the event it is determined that the Bonds shall be sold at
competitive sale, are hereby further authorized to receive bids for the purchase of the Bonds of
each series and, without further action of this Council, to accept the bid offering to purchase the
Bonds of each series at the lowest true interest cost to the City; provided, however, in no event
shall the true interest cost with respect to the Bonds of any series exceed six percent (6.00%).
The City Manager and the Director of Finance are further authorized to fIx the rates of interest to
be borne by the Bonds of each maturity of each series as specifIed in the bid accepted by them in
accordance with the immediately preceding sentence. The City Manager and the Director of
Finance are hereby authorized to determine the provisions relating to the redemption of .the
Bonds upon the advice of the City's financial advisor; provided, however, in no event shall any
redemption premium payable by the City exceed two percent (2.00%).
- 6 -
546975.1 031801 RES
(b) The Mayor is hereby authorized and directed to execute and deliver to the
purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially
the form of the Preliminary Official Statement relating to the Bonds, after the same has been
completed by the insertion of the maturities, interest rates and other details of the Bonds and by
making such other insertions, changes or corrections as the Mayor, based on the advice of the
City's financial advisors and legal counsel (including the City Attorney and Bond Counsel),
deems necessary or appropriate; and this Council hereby authorizes the Official Statement and
the information contained therein to be used by the purchasers in connection with the sale of the
Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule 15c2-12
promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange
Act of 1934 ("Rule 15c2-12"). The City Manager and the Director of Finance are hereby
authorized and directed to execute on behalf of the City and deliver to the purchasers a certificate
in substantially the form to be included in the Official Statement under the caption "Certificate
Concerning Official Statement". '
(c) The City Manager and the Director of Finance are hereby authorized to
execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to
the Bonds evidencing the City's undertaking to comply with the continuing disclosure
requirements of Paragraph (b)(5) of Rule 15c2-12 in such form as shallbe approved by the City
Manager and the Director of Finance upon advice of counsel (including the City Attorney and
Bond Counsel), such approval to be conclusively evidenced by their execution thereof.
(d) All actions and proceedings heretofore taken by this Council, the City
Manager, the Director of Finance and the other officers, employees, agents and attorneys of and
for the City in connection with the issuance and sale of the Bonds are hereby ratified and
confirmed.
SECTION 9. The Bonds, the certificate of authentication of the Registrar, and
the assignment endorsed on the Bonds, shall be in substantially the forms set forth in Exhibit A
attached hereto.
SECTION 10. General obligation public improvement bond anticipation notes
(the "Notes") are authorized for issuance and sale by the City Manager and the Director of
Finance in anticipation of the issuance of the general obligation bonds authorized for issuance
herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on
such other terms and conditions as shall be determined by the City Manager and the Director of
Finance. The City Manager and the Director of Finance (i) are hereby authorized to determine
the dated date of the Notes of each series, the dates the Notes of each series shall mature, the
dates on which interest on the Notes shall be payable, the aggregate principal amount. of the
Notes of each series and the principal amount of the Notes of each series maturing in each year
and (ii) are hereby further authorized to receive bids for the purchase of the Notes of each series
if sold at competitive sale or proposals for the purchase of the Notes of each series if sold at
negotiated sale and, without further action of this Council, to accept the bid or proposal offering
to purchase the Notes of each series at the lowest true interest cost to the City; provided,
however, in no event shall the true interest cost with respect to the Notes of any series exceed six
percent (6.00%). The City Manager and the Director of Finance are further authorized to fix the
- 7 -
546975.1 031801 RES
rates of interest to be borne by the Notes of each maturity of each series as specified in the bid or
proposal accepted by them in accordance with the immediately preceding sentence. The City
Manager and the Director of Finance are hereby authorized to determine the provisions relating
to the redemption of the Notes hereof upon the advice of the City's financial advisor; provided,
however, in no event shall any redemptiOli premium payable by the City exceed two percent
(2.00%). If such Notes are offered for competitive sale, a Detailed Notice of Sale or Summary
Notice of Sale shall be prepared, published and distributed in accordance with the requirements
of Section 8. If such Notes are publicly offered, there may also be prepared and distributed a
Preliminary Official Statement and a final Official Statement relating to such Notes in such form
as shall be approved by the Director of Finance. The issuance and details of such Notes shall be
governed by the provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Article 2 of the Code
of Virginia, 1950. The provisions of Sections 2 and 6 shall apply to such Notes to the same
extent the same apply to the Bonds except, in the, case of the provisions of Section 2, only to the
extent such Notes are not paid from the proceeds of the Bonds or from any other available funds.
Bonds in anticipation of which such Notes are issued pursuant to this Section 10 may be issued
and sold in accordance with the provisions of this Resolution at any time within five (5) years of
the date of issuance of the first Notes issued in anticipation of such Bonds.
SECTION 11. The Council hereby authorizes the City to make expenditures for
the purpose for which the Bonds are to be issued in advance of the issuance and receipt of the
proceeds of the Bonds and to reimburse such expenditures from the proceeds of the Bonds. The
adoption of this Resolution shall be considered an "official intent" within the meaning of
Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986.
SECTION 12. The City Clerk is hereby directed to file a copy of this Resolution,
certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of
Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950.
SECTION 13. All ordinances, resolutions and proceedings in conflict herewith
are, to the extent of such conflict, repealed.
ATTEST:
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546975.1 031801 RES
EXHIBIT A
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND
SERIES
REGISTERED
No. R-_
REGISTERED
$
MATURITY
DATE:
INTEREST
RATE:
DATE OF BOND:
CUSIP NO.:
REGISTERED OWNER: CEDE & CO.
PRINCIPAL SUM: DOLLARS
KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the
Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and
hereby promises to pay to the Registered Owner (named above), or registered assigns, on the
Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall
have been duly called for previous redemption and payment of the redemption price duly made
or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum
on and semiannually on each and thereafter
(each such date is hereinafter referred to as an "interest payment date"), from the date hereof or
from the interest payment date next preceding the date of authentication hereof to which interest
shall have been paid, unless such date of authentication is an interest payment date, in which case
from such interest payment date, or unless such date of authentication is within the period from
the sixteenth (16th) day to the last day of the calendar month next preceding the following
interest payment date, in which case from such following interest payment date, such interest to
be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum,
by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose
name this Bond is registered upon the books of registry, as of the close of business on the
fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each
interest payment date; provided, however, that so long as this Bond is in book-entry only form
and registered in the name of Cede & Co., as nominee of The Depository Trust Company
("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized
A-I
546975.1 031801 RES
representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other
nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a
three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The
principal of this Bond is payable on presentation and surrender hereof, at the office of
, as the Registrar and Paying Agent, in the City of
. Principal of and interest on this Bond are payable in any coin or
currency of the United States of America which, on the respective dates of payment thereof, shall
be legal tender for public and private debts.
This Bond is one of an issue of Bonds of like date, denomination and tenor except
as to number, interest rate and maturity, which is issued for the purpose of providing funds to
pay the costs of the acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of various public improvement projects of and for the City, under
and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth
of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the
Public Finance Act of 1991), and resolutions and other proceedings of the Council of the City
duly adopted and taken under the Public Finance Act of 1991.
The Bonds of the issue of which this Bond is one (or portions thereof in
installments of $5,000) maturing on and after 1, 20_ are subject to redemption at the
option of the City prior to their stated maturities, on or after 1, 20_, in whole or in
part from time to time on any date, in such order as may be determined by the City (except that if
at any time less than all of the Bonds of a given maturity are called for redemption, the particular
Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be
selected by lot), upon payment of a redemption price equal to the principal amount of the Bonds
to be redeemed, together with the interest accrued thereon to the date fIxed for the redemption
thereof.
If this Bond is redeemable and this Bond (or any portion of the principal amount
hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof,
specifying the date, number and maturity of this Bond, the date and place or places fIxed for its
redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this
Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new
Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof
not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fIxed for
redemption, by fIrst class mail, postage prepaid, to the Registered Owner hereof at his address as
it appears on the books of registry kept by the Registrar as of the close of business on the forty-
fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this
Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as
aforesaid, and payment of the principal amount of this Bond (or the portion of the principal
amount hereof to be redeemed) and of the accrued interest payable upon such redemption shall
have been duly made or provided for, interest hereon shall cease to accrue from and after the date
so specifIed for the redemption hereof.
A-2
546975.1031801 RES
Subject to the limitations and upon payment of the charges, if any, provided in the
proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be
exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other
authorized principal amounts and of the same issue, interest rate and maturity. This Bond is
transferable by the Registered Owner hereof, in person or by his attorney duly authorized in
writing, on the books of registry kept by the Registrar for such purpose at the office of the
Registrar but only in the manner, subject to the limitations and upon payment of the charges, if
any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one,
and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of
authorized denominations and of the same aggregate principal amount, issue, interest rate and
maturity as the Bond surrendered, will be issued to the transferee in exchange herefor.
This Bond shall not be valid or obligatory unless the certificate of authentication
hereon shall have been manually signed by the Registrar.
The full faith and credit of the City are irrevocably pledged to the punctual
payment of the principal of and interest on this Bond as the same become due. In each year
while this Bond is outstanding and unpaid, the Council of the City shall be authorized and
required to l~vy and collect annually, at the same time and in the same manner as other taxes of
the City are assessed, levied and collected, a tax upon all property within the City, over and
above all other taxes, authorized or limited by law and without limitation as to rate or amount,
sufficient to pay the principal of and interest on this Bond to the extent other funds of the City
are not lawfully available and appropriated for such purpose.
It is certified, recited and declared that all acts, conditions and things required to
exist, happen or be performed precedent to and in the issuance of this Bond do exist, have
happened and have been performed in due time, form and manner as required by law, and that
the amount of this Bond, together with all other indebtedness of the City does not exceed any
limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of
Virginia or the Charter of the City.
IN WITNESS WHEREOF, the City has caused this Bond to be executed by the
,manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be
imprinted hereon attested by the manual or facsimile signature of its City Clerk; and this Bond to
be dated the date first above written.
A-3
546975.1031801 RES
CITY OF ROANOKE, VlRGlNIA
[SEAL]
Mayor
Attest:
City Clerk
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds delivered pursuant to the within-mentioned
proceedings.
[
], as Registrar
By:
Authorized Signatory
Date of Authentication:
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto
(Please print or type name and address, including postal zip code of Transferee)
A-4
546975.1 031801 RES
PLEASE lNSERT SOCIAL SECURITY
OR OTHER TAX IDENTIFYlNG NUMBER OF TRANSFEREE:
the within Bond and all rights thereunder, hereby irrevocably constituting and appomtmg
, Attorney, to transfer such Bond
on the books kept for the registration thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed
by a member firm of The New York Stock
Exchange, Inc. or a commercial bank or trust
company.
(Signature of Registered Owner)
NOTICE: The signature above must
correspond with the name of the Registered
Owner as it appears on the face of this Bond
in every particular, without alteration,
enlargement or any change whatsoever.
A-5
546975.1031801 RES
. 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 19, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38206-081808 appropriating
funds to be provided by the Series 2009 Bonds to the Fire/EMS Facilities, Public
Libraries, Streetscape and Bridge Renovation projects, and amending and
reordaining certain sections of the 2008-2009 Capital Projects Fund
Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 18, 2008, and is in full
force and effect upon its passage.
Sincerely,
h1, 1rt,<MJ
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
Ann H. Shawver
August 19, 2008
Page 2
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
James Grigsby, Assistant City Manager of Operations
H. David Hoback, Fire-EMS Chief
A. L. Gaskins, Chief of Police
Robert K. Bengtson, PE, Director of Public Works
Philip C. Schirmer, PE, LS, City Engineer
Charles M. Anderson, Architect II
Deborah J. Moses, Director, Hotel Roanoke Conference Center
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38206-081808.
AN ORDINANCE to appropriate funding to be provided by the Series 2009 Bonds
to the Fire/EMS Facilities, Public Libraries, Streetscape and Bridge Renovation projects,
amending and reordaining certain sections of the 2008-2009 Capital Projects 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 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from 2009 Bond Funds 08-530-9615-9301 $ 489,000
Appropriated from 2009 Bond Funds 08-530-9616-9301 456,000
Appropriated from 2009 Bond Funds 08-530-9617 -9301 254,000
Appropriated from 2009 Bond Funds 08-530-9618-9301 501,000
Appropriated from 2009 Bond Funds 08-530-9680-9301 1 ,000,000
Appropriated from 2009 Bond Funds 08-530-9828-9301 102,000
Appropriated from 2009 Bond Funds 08-530-9838-9301 500,000
Appropriated from 2009 Bond Funds 08-530-9849-9301 650,000
Appropriated from 2009 Bond Funds 08-650-9729-9301 124,000
Appropriated from 2009 Bond Funds 08-650-9730-9301 1,000,000
Appropriated from 2009 Bond Funds 08-650-9731-9301 69,000
Appropriated from 2009 Bond Funds 08-650-9747 -9301 565,000
Fire/EMS Station #5 - Melrose 08-530-9727 -9305 (1,000,000 )
Bandy Avenue/Garnard Branch Bridge
Renovation 08-530-9727-9306 C 489,000 )
Berley Road/Glade Creek Bridge
Renovation 08-530-9727 -9307 ( 456,000 )
Crestmoor Road/Barnhart Branch
Bridge Renovation 08-530-9727 -9308 ( 254,000 )
Rose Avenue/Garnand Branch Bridge
Renovation 08-530-9727-9309 ( 501,000 )
Full Service Branch Library 08-650-9724-9310 ( 1,000,000 )
Renovated Branch Opening Day
Collection 08-650-9724-9311 ( 565,000 )
Renovation/Expansion Sranch-
Gainsboro 08-650-9724-9312 ( 124,000 )
Renovation/Expansion Branch -
Jackson 08-650-9724:'9313 ( 102,000 )
New Storefront Branch 08-650-9724-9314 ( 69,000 )
Riverside Centre Streetscape 08-530-9727 -9315 ( 500,000 )
Downtown and Village Streetscape 08-530-9727 -9316 ( 650,000 )
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
- : YY\"':rv\ I'\I~
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City Cle'rk.
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 18, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Authorization of Bond Issuance
and Appropriation of Funds for
Capital Projects
Background:
On May 12, 2008, City Council approved the Capital Improvement Program (C1P)
Update for FY 2009-2013. The C1P included planned bond issuance in FY 2009
in the amount of $36.2 million for the following projects:
. William Fleminq Hiqh School - $15.850.000
Remaining funding required for the construction of William Fleming High
School.
. Police Academy - $5.500.000
Funding provides for the construction of a facility for training all sworn
officers and civilian members of the Police Department.
. Market Garaqe Repairs - $6.640.000
Funding provides for structural repairs, a new fa<;ade, additional parking
spaces, and improvements to support retail space.
. Fire-EMS Facility Improvement Proqram - $1.000.000
Additional funding required to complete the planned construction of a
new Fire-EMS station on Melrose Avenue.
Honorable Mayor and Members of City Council
August 18, 2008
Page 2
. Library Master Plan - $1.860.000
Funding provides for equipment and collection materials associated with
the library branch renovation projects, as well as architectural and
engineering work for the planned full service branch.
. Streetscape Projects - $1.1 50.000
Funding provides for streetscape improvement (landscaping, textured
crosswalks, and other improvements) opportunities in downtown, along
Jefferson Street and Reserve Avenue in conjunction with the South
Jefferson Redevelopment Area, and for future Village Center
improvements.
. Bridqe Renovation - $1.700.000
Funding provides for identified bridge renovation and repair projects.
. School Roof Repair/Replacement - $2.500.000
Funding provides for repair and replacement of roofs at the majority of
the school buildings
"
Considerations:
City Council previously authorized the issuance of bonds for the William
Fleming High School, Police Academy, and Market Garage projects to facilitate
the award of construction contracts. City Council authorization is required for
the issuance of bonds to provide funding for the Fire-EMS Facility Improvement
Program, Library Master Plan, Streetscape Projects, Bridge Renovation, and
School Roof Repair/Replacement. The School Board will request authorization
for the appropriation of funds for the School Roof Repair/Replacement Projects
as a part of a separate report.
Recommended Action:
Hold a public hearing at Council's regular 7:00 p.m. meeting on August 18,
2008 on the issuance of general obligation public improvement bonds.
Following the public hearing, adopt the accompanying resolution authorizing
the issuance of bonds in the amount of $8.21 million for the projects outlined
below. This resolution shall include language declaring the City's intent to
reimburse itself from the proceeds of these bonds.
· Public Schools (School Roof Projects) - $2,500,000
· Public Buildings (Fire-EMS Facility Improvement Program) - $1,000,000
· Public Libraries (Library Master Plan) - $1,860,000
· Streetscape Projects - $1,1 50,000
· Public Bridges (Bridge Renovation) - $1 ,700,000
Honorable Mayor and Members of City Council
August 18, 2008
Page 2
Adopt the accompanying budget ordinance to appropriate, in advance of
issuance, $ 5.71 million of Series 2009 bond funding to the specified project
accounts outlined in the ordinance.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB:acm
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
CM08-00 131
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The
Times
- - - - - - - - -- - - -- --- -- --- - -- - -- - -- - - -_..: -- - - - - - - -- - -+-- - - - - --
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PUBLISHED ON: 08/04 08/11 ':-"Q:-~"'NaTAR'{ ....."""\
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MY COMMISSION : ~ =
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TOTAL COST: 516 .00 "",:;OI/lWE'A"L~'~'\)~ ~",..
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FILED ON: 081108 11;'''"11'\ '(11017955)
-----------------------~----------~~------,--------+-------~---
Roanoke
DEPARTMENT
ROOM 461
215 CHURCH
ROANOKE VA
OF
FINANCE
AVENUE,
24011
W
REFERENCE:
80163338
11017955
N-General
Obligation
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vir~1nia. Sworn and subscribed before me this
__~b_day of Aug 2008 Witness my hand and
official seal.
----B~Lt~--
My commissio2j'xPir s
Notary Public
=--===---~L2~~~-,
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NOTICE OF PUBLIC,
HEARING
NOTICE IS HEREBY GIVEN,
pursuant to Section
15.2-2606.A of the Code of
, Virginia, 1950, that the
o Council of the City of
Roanoke, Virginia (the
'City'), will hold a public
hearing on Monday, August
, 18, 2008, at 7:00 P.M., iocal
time, or as soon thereafter
as the matter may be heard,'
in the Council Chamber, Noel
C. Taylor Municipal Building"
215 Church Avenue, S.W.,
Roanoke, Virginia 24011,
with respect to the proposed .
adoption by the Council of a
resolution authorizing the
City to contract a debt and
. issue general obligation
public Improvement bonds of
i the City (and in anticipation'
I of the issuance of any such
.,bonds to iss,ue general
'0 b I i gat ion pub I i c
fi m pro v e men t bon d
lanticipation notes of the
I ~ity) In the principal 'amount
,of $8,210,000 for the
: purpose of providing funds to
'pay the costs of the
I,acquisition, construction,
,'reconstruction, improve-
ment, extension,!
I' enlargement and eqUIPPing",
of various publiCI
improvement projects of andl
for the City for the purposes
'and in the amounts s~ forth
!below; provided that, If any
I purpose set forth below shall
require less than the'entire
I respective amount so set
forth, the diff~rence may be
applied to any of the other
I purposes so set forth:
PurposeAmount
! Public Schools $2,500,000 '
jPublic Libraries 1,860,000
'Public Bridges 1,700,000 I
'Streetscape Projects
I . 1,150,000
Public Buildings 1.000.000
, $8,210,000
I The members of the public
are invited to attend the
I' public hearing and to appear
I and present their views on
the proposed resolution.
'If you are a person with a
disability who needs
accommodations for this
ipublfc hearing, please
'contact the CityCleik's
I Office at (540) 853-2541-, by
Thursday, August 14, 2008.
The full text of the
!proposed resolution is on file
in the office of the City Clerk,
iNoel C. Taylor Municipal
jBUilding, Room 456, 215
Church Avenue, S.W.,;
Roanoke, Virginia 24011.
,Dated: August 4, 2008 .
STEPHANIE M. MOON
City Clerk ,
City of Roanoke, Virginia
ii~----
1-"~in11,
';"--'".
Billing Services Representative
~
cAS
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 15.2-2606.A of the Code of
Virginia, 1950, that the Council of the City of Roanoke, Virginia (the "City"), will 'hold a public
hearing on Monday, August 18, 2008, at 7:00 P.M., local time, or as soon thereafter as the
matter may be heard, in the Council Chamber, Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia 24011, with respect to the proposed adoption by the Council of
a resolution authorizing the City to contract a debt and issue general obligation public
improvement bonds of the City (and in anticipation of the issuance of any such bonds to issue
general obligation public improvement bond anticipation notes of the City) in the principal
amount of $8,210,000 for the purpose of providing funds to pay the costs of the acquisition,
construction, reconstruction, improvement, extension, enlargement and equipping of various
public improvement projects of and for the City for the purposes -and in the amounts set forth
below; provided that, if any purpose set forth below shall require less than the entire respective
amount so set forth, the difference may be applied to any of the other purposes so set forth:
Purpose
Amount
Public Schools
Public Libraries
Public Bridges
Streetscape Projects
Public Buildings
$2,500,000
1,860,000
1,700,000
1,150,000
1.000.000
$8,210,000
The members of the public are invited to attend the public hearing and to appear
and present their views on the proposed resolution.
If you are a person with a disability who needs accommodations for this public
hearing, please contact the City Clerk's Office at (540) 853-2541, by Thursday, August 14,2008.
The full text of the proposed resolution is on file in the office of the City Clerk,
Noel C. Taylor Municipal Building, Room 456, 215 Church Avenue, S.W., Roanoke, Virginia
24011.
Dated: August 4, 2008
STEPHANIE M. MOON
City Clerk
City of Roanoke, Virginia
546949.1 03 I 801 NTC
Notice to Publisher:
Publish in the Roanoke Times on Monday, August 4, 2008 and Monday, August 11, 2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send Bill to:
Ann H. Shawver
Department of Finance
215 Church Avenue, S. W., Room 461
Roanoke, Virginia 24011
(540) 853-2821
2
546949.1 03 1801 NTC
Notice to Publisher:
Publish once in the Roanoke Tribune on Thursday, August 7,2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send Bill to:
Ann H. Shawver
Department of Finance
215 Church Avenue, S. W., Room 461
Roanoke, Virginia 24011
(540) 853-2821
3
546949.1031801 NTC
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
STEPHANIE M. MOON, CMC Yroanokeva.gov
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
August 19, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38207-081808 authorizing the placement
of a deed of reservation on City-owned property designated as Tax Map No.
1040202 to accommodate a 25 foot wide public storm water drainage
easement to convey stormwater that will result from the development of the
Cambria Suites Hotel and other properties along Reserve Avenue, 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 18, 2008, and is in full
force and effect upon its passage.
Sincerely,
i~:.c~' ~b~
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, Management and Budget
Brian K. Brown, Economic Development Administrator
02[
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of August, 2008.
No. 38207-081808.
AN ORDINANCE authorizing the placement of a deed of reservation on City owned
property designated as Tax Map Number 1040202 to accommodate a twenty-five foot wide 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, upon certain terms and conditioris;
and dispensing with the second reading of this ordinance by title.
WHEREAS, a public hearing was held on August 18,2008, pursuant to SS 15.2-1800 (B) and
1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were
afforded an opportunity to be heard on this proposed vacation.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and City Clerk are authorized to execute and attest, respectively, in
form approved by the City Attorney, the necessary documents to place a deed of reservation on City
owned property designated as Tax Map Number 1040202 to accommodate a twenty-five footwide
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 A venue, upon the terms and conditions
set forth in the City Manager's letter to Council dated August 18,2008.
2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by
title is hereby dispensed with.
ATTEST:
rn.~
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 18, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: 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. The easement will be 25 feet in width and will run from Reserve
Avenue south to the Roanoke River as indicated in the attached plat.
Recommendation:
Authorize the City Manager to execute a Deed of Reservation as described
above, such deed to be approved as to form by the City Attorney.
Respectfully submitted,
Darlene L. Bur ham
City Manager
Honorable Mayor and Members of City Council
August 18, 2008
Page 2
DLB:LB
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Brian K. Brown, Economic Development Administrator
CM08-00 1 35
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The Roanoke Times
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= : REG. #7090930 : * ~
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
OFFICE OF ECONOMIC DEVELOPMENT
117 CHRUCH AVE
ROANOKE VA 240il
REFERENCE: 80084300
11025726
N-Deed of Reservatio
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vi~~inia. Sworn and subscribed before me this
_~___day of Aug 008. Witness my hand and
official seal.
~~9~__
My commissi~~xpire
Notary Pu~lic
_________~~~~~ll__.
PUBLISHED ON:
08/08
TOTAL COST:
FILED ON:
168.00
08/08/08
A~thorized ~~, ~ '7'IZ
s~gnature:__(~~%~~~__L_t~_
.' ----:"". '--'j
I . NOnCE OF PUBLIC '
HEARING
The City of Roanoke'
proposes to place a deed of
reservation on City owned
property designated as Tax
Map Number 1040202 to
accommodate the
placement of a public stor.m I
drainage easement ,n:
connection with the,
development of Cambriai
. Sui'tes Hotel and other
. property on Reserve Avenue.
Pursuant to the
requirements of
~~15.2,1800(B) and 1813,
Code of Virginia (1950), as
amended, notice is hereby h
given that the City Council of .
the City of Roanoke will hold
a public hearing on the
above matter at its regular
meeting to be held on,
I . August 18, 200~'\
commencing at 7:00 p.m., m
the Council Chambers, 4th
Floor, Municipal Building,
215 Church Avenue, S.W.,
Roanoke, Virginia. Further
information is available from
the Office of the City Clerk
for the City of Roanoke at,
(540) 853-2541.
Citizens shall have the
opportunity to be heard and
'express their opinions on
said matter.' t
If you are a person with a ,
disa.bility who needs:
accommodations for thiS
hearing, please contact the'
City Clerk's Office at (540) I
853-2541,''before 12:00"
noon on August 14, 2008. I
GIVEN under. my hand this
5th day of August, 2008. :
Stephanie M. Moon, CMC '
. City Clerk. I
(11025726) I
ling Services Representative
~~
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to place a deed of reservation on City owned property
designated as Tax Map Number 1040202 to accommodate the placement of a public storm drainage
easement in connection with the development of Cambria Suites Hotel and other property on Reserve
Avenue.
Pursuant to the requirements of SSI5.2-1800(B) and 1813, Code of Virginia (1950), as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a public
hearing on the above matter at its regular meeting to be held on August 18, 2008, commencing at
7:00 p.m., in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia. Further information is available from the Office ofthe City Clerk for the City of
Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on August 14,2008.
GIVEN under my hand this 5th day of August
,2008.
Stephanie M. Moon, CMC
City Clerk.
K,\COUNCIL DOCUMENTSINOTICES\NOTICE DEED OF RESERVATION ROANOKE HOTEL GROUP. DOC
Notice to Publisher:
Publish once in the Roanoke Times on Friday, August 8, 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
K:\NOTICES\21lIlSIAUGUSTlN-DEED OF RESERVATION ROANOKE HOTEL GROUP 8- I S-IlS.DOC
, I
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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
CECELlA R. TYREE
Assistant Deputy City Clerk
August 19, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At the regular meeting of the Council of the City of Roanoke held on Monday,
August 18, 2008, the City Manager was instructed to address the following
items and report findings to the Council and Ms. Alexandre and Mr. Cannaday,
respectively.
· Investigate the lack of response by the Police Department regarding
incidents in Ms. Lisete Alexandre's neighborhood.
· Investigate possibilities to assist Mr. Harold V. Cannaday, II, with his
endeavor for a permanent home to preserve his historical sports
collection in the former homestead of Nathaniel Evans, which is located
in the Booker T. Washington Park.
Sincerely,
. ,. ~~
' , t. /)~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
pc: Ms. Lisete Alexandre, 633 Madison Avenue, N. W., Roanoke, Virginia
24016 .
Mr. Harold V. Cannaday, II, P. O. Box 13481, Roanoke, Virginia 24034
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
August 20, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Mr. Richard Clark
4529 Royal Oak Drive, S. W.
Roanoke, Virginia 24018
Dear Mr. Clark:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, August 18, 2008, you were reappointed for an additional one year term
as a member of the Mill Mountain Advisory Committee ending June 30, 2009,
which term will allow time for the Committee to act on certain items, including
implementation of bylaws for the committee and staggered three year terms of
office.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires that
you be provided with a copy within two weeks of your reappointment and each
member is required "to read and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service as a member of the
Mill Mountain Advisory Committee.
!n. ~~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
pc: Steven Higgs, Chair, Mill Mountain Advisory Committee, 9 Franklin
Road, S. W., Roanoke, Virginia 24011
Steven C. Buschor, Director, Parks and Recreation
Nicole Ashby, Secretary, Mill Mountain Advisory Committee
Joyce S. Johnson, Assistant to the Mayor
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
August 20, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Ms. Betty Field
2802 S. Jefferson Street, S. W.
Roanoke, Virginia 24014
Dear Ms. Field:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday,August 18, 2008, you were reappointed for an additional one year term
as a member of the Mill Mountain Advisory Committee ending June 30, 2009,
which term will allow time for the committee to act on certain items, including
implementation of bylaws for the committee and staggered three year terms of
office.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires that
you be provided with a copy within two weeks of your appointment and each
member is required "to read and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service as a member of the
Mill Mountain Advisory Committee.
Sincerely,
, trJ.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
pc: Steven Higgs, Chair, Mill Mountain Advisory Committee, P. O. Box 1788,
Roanoke, Virginia 24008-1788
Steven C. Buschor, Director, Parks and Recreation
Nicole Ashby, Secretary, Mill Mountain Advisory Committee
Joyce S. Johnson, Assistant to the Mayor
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
August 20, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Mr. Steven Higgs, Attorney
9 Franklin Road, S. W.
Roanoke, Virginia 24011
Dear Mr. Higgs:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, August 18, 2008, you were reappointed for an additional one year term
as a member of the Mill Mountain Advisory Committee ending June 30, 2009,
which term will allow time for the Committee to act on certain items, including
implementation of bylaws for the committee and staggered three year terms of
office.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires that
you be provided with a copy within two weeks of your appointment and each
member is required "to read and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service as a member of the
Mill Mountain Advisory Committee.
Sincerely,
rn.~
Stephanie M. Moon, CMC
Deputy City Clerk
SMM:ew
pc: Steven C. Buschor, Director, Parks and Recreation
Nicole Ashby, Secretary, Mill Mountain Advisory Committee
Joyce S. Johnson, Assistant to the Mayor
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
August 20, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Ms. Louise F. Kegley
301 Tinker Creek Lane, N. E.
Roanoke, Virginia 24019
Dear Ms. Kegley:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, August 18, 2008, you were reappointed for an additional one year term
as a member of the Mill Mountain Advisory Committee ending June 30, 2009,
which term will allow time for the Committee to act on certain items, including
implementation of bylaws for the committee and staggered three year terms of
office.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires that
you be provided with a copy within two weeks of your reappointment and each
member is required "to read and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service as a member of the
Mill Mountain Advisory Committee.
Sincerely,
A~M.~o~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
pc: Steven Higgs, Chair, Mill Mountain Advisory Committee, 9 Franklin
Road, S. W., Roanoke, Virginia 24011
Steven C. Buschor, Director, Parks and Recreation
Nicole Ashby, Secretary, Mill ~ountain Advisory Committee
Joyce S. Johnson, Assistant to the Mayor
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 20, 2008
c
Mr. Carl H. Koptizke"
2314 Martin Lane, S. W.
Roanoke, Virginia 24015
Dear Mr. Koptizke:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, August 18, 2008, you were reappointed for an additional one year term
as a member of the Mill Mountain Advisory Committee ending June 30, 2009,
which term will allow time for the Committee to act on certain items, including
implementation of bylaws for the committee and staggered three year terms of
office.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires that
you be provided with a copy within two weeks of your reappointment and each
member is required "to read and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service as a member of the
Mill Mountain Advisory Committee.
Sincerely,
h1.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
pc: Steven Higgs, Chair, Mill Mountain Advisory Committee, 9 Franklin
Road, S. W., Roanoke, Virginia 24011
Steven C. Buschor, Director, Parks and Recreation
Nicole Ashby, Secretary, Mill Mountain Advisory Committee
Joyce S. Johnson, Assistant to the Mayor
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August 20, 2008
Mr. Michael A. Loveman
1747 Driftwood Lane, S. W.
Roanoke, Virginia 24018
Dear Mr. Loveman:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, August 18, 2008, you were reappointed for an additional one year term
as a member of the Mill Mountain Advisory Committee ending June 30, 2009,
. which term will allow time for the Committee to act on certain items, including
implementation of bylaws for the committee and staggered three year terms of
office.
Pursuant to. Section 2.2-3702, Code of Virginia (1950), as amended, I am
r-
enclosing copy of the Virginia Freedom of Information Act. The Act requires that
you be provided with a copy within two weeks of your reappointment and each
member is required "to read and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service as a member of the
Mill Mountain Advisory Committee.
Sincerely,
~ /Y}. ~Dtov
Stephanie M. Moon, CMC
City Clerk
SMM:ew
pc: Steven Higgs, Chair, Mill Mountain Advisory Committee, 9 Franklin
Road, S. W., Roanoke, Virginia 24011
Steven C. Buschor, Director, Parks and Recreation
Nicole Ashby, Secretary, Mill Mountain Advisory Committee
Joyce S. Johnson, Assistant to the Mayor
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
August 20, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
Mr. E. C. Pace, III
2424 Woodcliff Road, S. E.
Roanoke, Virginia 24014
Dear Mr. Pace:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, August 18, 2008, you were reappointed for an additional one year term
as a member of the Mill Mountain Advisory Committee ending June 30, 2009,
which term will allow time for the Committee to act on certain items, including
implementation of bylaws for the committee and staggered three year terms of
office.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires that
you be provided with a copy within two weeks of your reappointment and each
member is required "to read and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service as a member of the
Mill Mountain Advisory Committee.
Sincerely,
~rY}. ht~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
pc: Steven Higgs, Chair, Mill Mountain Advisory Committee, 9 Franklin
Road, S. W., Roanoke, Virginia 24011
Steven C. Buschor, Director, Parks and Recreation
Nicole Ashby, Secretary, Mill Mountain Advisory Committee
Joyce S. Johnson, Assistant to the Mayor
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 20, 2008
Mr. Eddie Wallace, Jr.
3815 Sioux Ridge Road, N. W.
Roanoke, Virginia 24017
Dear Mr. Wallace:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, August 18, 2008, you were reappointed for an additional one year term
as a member of the Mill Mountain Advisory Committee ending June 30, 2009,
which term will allow time for the Committee to act on certain items, including
implementation of bylaws for the committee and staggered three year terms of
office.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires that
you be provided with a copy within two weeks of your reappointment and each
member is required "to read and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service as a member of the
Mill Mountain Advisory Committee.
Sincerely,
~I'Y). ~~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
pc: Steven Higgs, Chair, Mill Mountain Advisory Committee, 9 Franklin
Road, S. W., Roanoke, Virginia 24011
Steven C. Buschor, Director, Parks and Recreation
Nicole Ashby, Secretary, Mill Mountain Advisory Committee
Joyce S. Johnson, Assistant to the Mayor
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 22, 2008
Mr. Christopher M. Pohlad-Thomas
435 Arbutus Avenue, S. E.
Roanoke, Virginia 24014
Dear Mr. Pohlad-Thomas:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, August 18, 2008, you were appointed as a member of the Parks and
Recreation Advisory Board, to fill the unexpired term of Christene A.
Montgomery ending March 31, 2011.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which must be administered by the Clerk of the
Circuit Court of the City of Roanoke, located on the third floor of the
Roanoke City Courts Facility, 315 Church Avenue, S. W.
After the Oath has been administered, please return one copy to Room 456 in
the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedo,m of Information Act. The Act requires
that you be provided with a copy within two weeks of your appointment and
each member is required "to read and become familiar with provisions of the
Act."
Mr. Christopher M. Pohlad-Thomas
August 22, 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 Parks and Recreation Advisory Board.
Sincerely,
. - frJ .moo-vv
Stephanie M. Moon, CMC C
City Clerk
SMM:ew
Enclosures
pc: Linda Bedasaul, Secretary, Parks and Recreation Advisory Board
Carl H. Kopitzke, Chair, Parks and Recreation Advisory Board,
2314 Martin Lane, S. W., Roanoke, Virginia 24015
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 eighteenth day of August 2008,
CHRISTOPHER M. POHLAD-THOMAS was appointed as a member of the Parks
and Recreation Advisory Board to fill the unexpired term of Christene A.
Montgomery ending March 31, 2011.
Given under my hand and the Seal of the City of Roanoke this twenty-
second day of August 2008.
City Clerk
h?~
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
September 8, 2008
M r. James A. Allen
12 Gilmer Avenue, N. E.
Roanoke, Virginia 24016
Dear Mr. Allen:
Your tern; of office as a Commissioner of the Roanoke Redevelopment and
Housing Authority expired on August 31, 2008.
The Members of City Council requested that I express sincere appreciation for
your service to the City of Roanoke as a Commissioner of the Roanoke
Redevelopment and Housing Authority from October 18, 2004 until August 31,
2008. Please find enclosed a Certificate of Appreciation and an aerial view
photograph of the Roanoke Valley in recognition of you r years of service.
Sincerely,
~m.~~
Stephanie M. Moon, CMC
City Clerk .
S M M: ew
Enclosu re
pc: Glenda Edwards, Executive Director, Roanoke Redevelopment & Housing
Authority, P. O. Box 6359, Roanoke, Virginia 24017
Joyce S. Johnson, Assistant to the Mayor
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: derk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
October 2, 2008
Mr. Peter W. Clapsaddle
17 W. Church Avenue, S. W., Apt. 203
Roanoke, Virginia 24011
Dear Mr. Clapsaddle:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, September 15, 2008, you were reappointed as a member of the Local
Board of Building Code Appeals, for a term of five years ending September 30,
2013.
Enclosed you will find a Certificate of your reappointment 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 reappointment and
each member is required "to read and become familiar with provisions of the
Act."
Mr. Peter W. Clapsaddle
October 2, 2008
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue to serve the City of Roanoke as a
member of the Local Board of Building Code Appeals.
Sincerely,
~m.~~
Stephanie M. Moon, CMC
City Clerk
S M M :ew
Enclosures
pc: Harry F. Collins, Sr. Chair, Local Board of Building Code Appeals,
6603 Northway Drive, N. W., Roanoke, Virginia 24019, w/attachment
Martha P. Franklin, Secretary, Local Board of Building Code Appeals,
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 fifteenth day of September 2008,
PETER W. CLAPSADDLE was reappointed as a member' of the Local Board of
Building Code Appeals for a term of five years ending September 30,2013.
Given under my hand and the Seal of the City of Roanoke this second day
of October 2008.
~ft? ~
City Clerk -
," .'., :