HomeMy WebLinkAboutCouncil Actions 09-15-08
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38215-091508
ROANOKE CITY COUNCIL
REGULAR SESSION
SEPTEMBER 15, 2008
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. All Present.
The Invocation was delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
Welcome. Mayor Bowers.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's
Council meeting will be replayed on Channel 3 on Thursday, September 18 at
7:00 p.m., and Saturday, September 20 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 recognized former Mayor Robert Woody who was in attendance at the
Council meeting. He called attention to the United Way Campaign Kickoff and
encouraged City employees and citizens to give generously in support of the United
Way.
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2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
A resolution memorializing former Council Member and Vice-Mayor Leigh B.
Hanes, Jr.
Adopted Resolution No. 38215-091508. (7-0)
Ceremonial copy was presented to Mrs. Frances Hanes, spouse; and Ms.
Whitney Feldmann, daughter.
A resolution recognizing Dr. Billy K. Cannaday, Jr., for services rendered to the
Commonwealth of Virginia and its people.
Adopted Resolution No. 38216-091508. (7-0)
Ceremonial copy of Resolution will be presented to Dr. Cannaday at a luncheon
on Tuesday, September 16.
A proclamation declaring September 17 - 23,2008 as Constitution Week.
Proclamation was presented to Ms. Lee Woody, Regent, Roanoke Valley
Chapters of the Daughters of the American Revolution; and Ms. Barbara Bryan,
Margaret Lynn Lewis Chapter.
A proclamation declaring September 20, 2008 as Seat Check Saturday, and,
September 21 - 27,2008 as Child Passenger Safety Week.
Proclamation was presented to Police Chief Joe Gaskins.
Recognition of Police Officers John Crotts and Dwight Ayers.
Recognized Officer Crotts for receiving the Governor's Medal of Valor Award
for confronting an armed subject in February 2007 who was threatening to
harm a woman, her two children, and a child she was baby-sitting; and Officer
Ayers for receiving the Meritorious Service Medal for pursuing a mental subject
into the Roanoke River in January 2007; and Chief Gaskins for receiving the
Virginia Association of Chief's Of Police (V ACP) Presidents Award.
A proclamation declaring October 4, 2008 as Fall Waterways Cleanup and
Celebration Day.
Proclamation was presented to Gary Hegner, Superintendent of Parks and
Facilities.
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3.
CONSENT AGENDA
(APPROVED 7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO
BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED
BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE
ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND CONSIDERED SEPARATELY.
C-1 Minutes of the regular meeting of Council held on Monday, May 5,2008.
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 various 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 Shirley Bethel advising of her resignation as a member
of the Roanoke Neighborhood Advocates, effective June 26,2008.
RECOMMENDED ACTION: Accepted the resignation and received and
filed the communication.
C-4 A communication from Bob Clement, Neighborhood Services Coordinator,
advising of the resignations of Kathy Hill and Clovis Rogers as members of the
Roanoke Neighborhood Advocates, effective September 6, 2008.
RECOMMENDED ACTION: Accepted the resignation and received and
filed the communication.
C-5 Reports of qualification of the following individuals:
William M. Hackworth as City Attorney of the City of Roanoke;
Stephanie M. Moon as City Clerk of the City of Roanoke; Troy A.
Harmon as Municipal Auditor of the City of Roanoke; and Ann H.
Shawver as Director of Finance for the City of Roanoke for terms of
two years each, commencing October 1, 2008, and ending
September 30, 2010; and
Christopher M. Polad-Thomas as a member of the Parks and
Recreation Advisory Board to fill the unexpired term of Christene A.
Montgomery, ending March 31,2011.
RECOMMENDED ACTION: Received and filed.
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REGULAR AGENDA
4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS:
a. A communication from Mayor David A. Bowers with regard to Countryside Golf
Course.
Vice-Mayor Lea offered a motion that Countryside Golf Course remain as
. an 18-hole golf course; that the City design improvements necessary to
preserve an 18-hole golf course and to create a quality golf course and to
provide cost estimates for those improvements; that after the drawings
and estimates are completed, City staff prepare and distribute a Request
for Proposal (RFP); that the RFP allow the potential golf course
operators the flexibility to propose a lease-term sufficient for the
improvements of the golf course as they have been identified; and that
the City Administration also prepare its own response to the RFP fc;u the
payment of improvements and operation of the golf course so that it can
be compared to the private-sector responses; and in addition, that the
City staff bring to Council before the RFP is distributed, identification of
"potential" land that can be sold by the City for residential and non-
residential purposes that is in excess of what is needed to operate a
quality 18-hole golf course. The motion was seconded by Council
Member Nash and adopted 6-1, Council Member Mason voting no.
b. A communication from Mayor David A. Bowers with regard to the proposed
Riverside Amphitheater.
Council Member Trinkle offered a motion that Council authorize the City
Manager and City Attorney to negotiate with Red Light Management to
add to the current Phase 1 contract or if required a new contract through
a PPEA process, per their discretion, to perform similar studies and
investigations for a commercial amphitheatre at the Elmwood Avenue
site in downtown Roanoke as was done at the Riverside site, including
placement, siting, size, green space and options for moving, downsizing
or reconfiguring the City's downtown library in congruence with what
has been recommended specifically for the City's downtown library in
the Roanoke City Public Libraries Five-year Master Plan to make
adequate room for such commercial amphitheatre; and the management
company will work with charitable organizations and EventZone to
assure their continued use and presence in Elmwood Park. The motion
was seconded by Council Member Rosen and adopted 6-1, Mayor
Bowers voting no.
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6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS:
City Market Building Request for Proposals (RFP)
Countryside Golf Course Request for
Proposals (RFP)
15 minutes
15 minutes
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance of the Department of Motor Vehicles Traffic Safety Grant
from the United States Department of Transportation; and
appropriation of funds.
Adopted Resolution No. 38217-091508 and Budget Ordinance No.
38218-091508. (7-0)
2. Acceptance of the Certified Local Government Grant from the Virginia
Department of Historic Resources; and appropriation of funds.
Adopted Resolution No. 38219-091508 and Budget Ordinance No.
38220-091508. (7-0)
3. Acceptance of the Western Virginia Workforce Development Board
Workforce Investment Act funding from the Virginia Employment
Commission for Program Year 2008; and appropriation of funds.
Adopted Resolution No. 38221-091508 and Budget Ordinance No.
38222-091508. (7-0)
4. Acceptance of additional funding for Temporary Assistance to Needy
Families (T ANF) Participants grant from the Virginia Department of
Social Services; and appropriation of funds.
Adopted Resolution No. 38223-091508 and Budget Ordinance No.
38224-091508. (7-0)
5. Acceptance of the United States Environmental Protection Agency
(EPA) Brownfield Assessment Hazardous Substance Grant to fund
environmental investigations of brownfield properties within the City;
and appropriation of funds.
Adopted Resolution No. 38225-091508 and Budget Ordinance No.
38226-091508. (7-0)
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6. Acceptance of the United States Environmental Protection Agency
(EPA) Brownfield Hazardous Substance Cleanup Grant for
environmental cleanup activities at the former Virginia Scrap Iron and
Metal Company property located in the South Jefferson
Redevelopment Area; and appropriation of funds.
Adopted Resolution No. 38227-091508 and Budget Ordinance No.
38228-091508. (7-0)
7. Approval of a special military pay for reservists and members of the
National Guard who are called to active duty between October 1,2008
and September 30,2009.
Adopted Resolution No. 38229-091508. (7-0)
8. Authorization of bus shelter encroachments into public rights-of-way
located at 1802 Liberty Road, N. W., adjacent to Lincoln Terrace
Elementary School; and on Westside Boulevard, N. W., adjacent to
3839 Shenandoah Avenue, N. W., near Calvary Chapel of Roanoke.
Adopted Ordinance Nos. 38230-091508 and 38231-091508. (7-0)
9. Transfer of funds in order for Xerox Corporation to direct bill certain City
departments for costs associated with equipment leasing and printing/copies
on a monthly basis.
Adopted Budget Ordinance No. 38232-091508. (7-0)
b. DIRECTOR OF FINANCE:
1 . Affirmation of authorization for the City of Roanoke to "pick up" the
employee's contribution to the Virginia Retirement System for the
Sheriffs Office Officers and employees.
Adopted Resolution No. 38233-091508. (7-0)
2. Financial report for the month of July 2008.
Received and filed.
7. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation of funds
to various program accounts; and a report of the Director of Finance
recommending that Council concur in the request. Vivian Penn- Timity,
Director of Accounting, Spokesperson.
Adopted Budget Ordinance No. 38234-091508. (7-0)
8. UNFINISHED BUSINESS: NONE.
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9. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS:
a. A resolution designating a Voting Delegate and Alternate Voting Delegate for
the Annual Business Session and meetings of the Virginia Municipal League,
and designating a Staff Assistant for any meetings of the Urban Section, in
connection with the Annual Virginia Municipal League Cohference to be held
on October 19 - 21, 2008, in Norfolk, Virginia.
Adopted Resolution No. 38235-091508. (7-0)
10. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
Vice-Mayor Lea inquired about concerns expressed by residents
participating in the Boot Camp at Breckinridge Fitness Center. The City
Manager noted that the issue was being handled by th~ Director of Parks
and Recreation. He also shared concerns expressed by residents in the
Fairland Lake area with regard to paying a portion of cost in connection
with a sewer extension project. The City Manager agreed to forward
information to the Council relating to the project.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
11. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD.
MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE
REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT
TO COUNCIL.
Stefon Wallace, 5002 Hollyhock Road, N. W.
Robert Gravely, 3360 Hershberger, Road, N. W.
Evelyn Bethel, 35 Patton Avenue, N. E.
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/
12. CITY MANAGER COMMENTS:
The City Manager announced that she was in attendance at the
Ribboncutting/Renaming of the Orange Avenue YMCA on Friday, September 12,
noting that the name was changed to the Gainsboro YMCA. She also
mentioned a Community Summit scheduled to be held on September 23 in the
Civic Center Exhibit Hall from 6:00 p.m. - 8:00 p.m., and she encouraged
citizens' participation.
AT 6:30 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE
RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450,
NOEL C. TAYLOR MUNICIPAL BUILDING.
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ROANOKE CITY COUNCIL
REGULAR SESSION
SEPTEMBER 15,2008
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--RolI Call. All Present.
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, September 18 at
7:00 p.m., and Saturday, September 20 at 4:00 p.m. Council meetings are offered
with closed captioning for the hearing impaired.
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PRESENTATIONS AND ACKNOWLEDGEMENTS:
Expression of sympathy to the family of the late Christene A. Montgomery.
Council Member Gwen W. Mason presented a Letter of Condolences to the
family of the late Christene A. Montgomery.
A. PUBLIC HEARINGS:
1. Request of the Roanoke Valley Christian Church (Trustees of Roanoke Valley)
to rezone property on Hershberger Road, N. W., from R7, Residential Single
Family District, to IN, Institutional District, for uses permitted in the IN Zoning
District. Michael S. Cornett, PE, RRC, Spokesperson.
Adopted Ordinance No. 38236-091508. (7-0)
2. Request of the City of Roanoke Planning Commission to amend Chapter 36.2,
ZoninQ, Code of the City of Roanoke, (1979), as amended, to update and
clarify the City's Zoning Ordinance. Christopher L. Chittum, Agent.
Adopted Ordinance No. 38237-091508. (7-0)
3. Request of the City of Roanoke Planning Commission to amend Vision 2011-
2020, the City's Comprehensive Plan, to include the Mountain View/Norwich
Corridor Plan dated August 22,2008, to help guide brownfield redevelopment
within the Corridor. Christopher L. Chittum, Agent.
Adopted Ordinance No. 38238-091508. (7-0)
4. Consideration of approval of issuance by the City of its General Obligation
Bond or Bonds, in an amount estimated not to exceed $7.5 million, for certain
capital improvements at William Fleming High School.
(1) Adoption of a resolution authorizing issuance of $7.5 million in Interest
Rate Subsidy Program Bonds - Virginia Public School Authority School
Financing Bonds - Series 2008 (A); and
Adopted Resolution No. 38239-091508. (7-0)
(2) Adoption of a resolution authorizing issuance of $10.85 million in Virginia
Public School Authority School Bonds- Series 2008(B) in support of
financing needed in fiscal year 2009 for the William Fleming High School
and school roof repairs/replacement projects. Ann H. Shawver, Director of
Finance.
Adopted Ordinance No. 38240-091508. (7-0)
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5. Proposal of the City of Roanoke to convey certain City-owned property located
at 120 Commonwealth Avenue, N. E., to Anstey Hodge Advertising Group.
Darlene L. Burcham, City Manager.
Adopted Ordinance No. 38241-091508. (7-0)
6. Proposal of the City of Roanoke to convey certain City-owned property, which
is the plaza area located between the SunTrust Building and the Jefferson
Street right-of-way to Southeast STB Portfolio, LLC. Darlene L. Burcham,
City Manager.
Adopted Ordinance No. 38242-091508. (7-0)
B. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD.
MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE
REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT
TO COUNCIL.
Claire English, 512 Allison Avenue, S. W.
AT 7:40 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS FOR
CLOSED MEETING IN THE COUNCIL'S CONFERENCE ROOM.
AT 8:28 P.M., THE COUNCIL MEETING RECONVENED IN THE COUNCIL
CHAMBER.
CERTIFICATION OF CLOSED MEETING. (7-0)
Appointed Kae Bolling as a member of the Mill Mountain Development
Committee for a term ending June 30, 2009.
Reappointed Peter W. Clapsaddle as a member of the Local Board of Building
Code Appeals for a term of five years ending September 30, 2013.
Appointed Raheem L. Muhammad and Michael D. Wray as members of the
Youth Services Citizen Board for terms ending May 31, 2011.
Appointed Rhonda A. Chewning as a member of the Fair Housing Board for a
term ending March 31, 2010.
Reappointed Charles E. Hunter, III, for a term of four years ending October 20,
2012; and appointed Chris D. Berry to fill the unexpired term of Stuart
Revercomb, ending October 20, 2009, as Directors on the Economic
Development Authority, Board of Directors.
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Reappointed Thomas W. Ruff, Stan Smith and Greg Spangler as members of
the Towing Advisory Board for terms of three years ending October 31, 2011.
Appointed Council Member Court G. Rosen to the VML Environmental Quality
Policy Committee. (replaced Council Member Gwen W. Mason)
Council will interview the following individuals during its regular session on
Monday, October 6 commencing at 4:00 p.m.:
Roanoke Redevelopment and Housinq Authoritv
Delores Ferguson
Edward Garner
Joseph Lee
Robert Manetta
Architectural Review Board
Barbara Delaney
Coleman Gutshall
Mary Hagmaier
Winfred Noell
Robert Richert
AT 8:30 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL
TUESDAY, SEPTEMBER 30, 2008, AT 8:30 A.M., IN THE CITY OF ROANOKE
POLICE DEPARTMENT COMMUNITY ROOM, 348 CAMPBELL AVENUE, S. W.,
FOR AN ALL DAY COUNCIL RETREAT.
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of September, 2008.
No. 38215-091508.
A RESOLUTION memorializing the late Leigh Buckner Hanes, Jr., former member of
Roanoke City Council from 1953 to 1956, and Vice Mayor from 1954 to 1956.
WHEREAS, the members of Council learned with sorrow of the passing of Leigh
Buckner Hanes, Jr. on Friday, August 15,2008;
WHEREAS, Mr. Hanes was a Roanoke native and a graduate of Jefferson High School,
later attending Hampden Sydney College and the University of Maryland Law School;
WHEREAS, Mr. Hanes served during World War II as a special agent with the FBI, and
also with the United States Army Counter Intelligence Corps;
WHEREAS, Mr. Hanes returned to Roanoke in 1951 after serving his country, and joined
his father's law firm of Hanes and Hanes;
WHEREAS, at a time when Democrats dominated the Commonwealth's political scene,
Mr. Hanes entered local politics as a Republican and earned the support of future governor
Linwood Holton in his run for City Council;
WHEREAS, after his time on Council Mr. Hanes joined the U.S. Attorney's Office,
served as a u.S. District Court clerk for nearly a decade, and in 1969 was named U.S. Attorney
for the Western District of Virginia until his retirement from that post in 1975;
WHEREAS, Mr. Hanes went on to serve as Commonwealth's Attorney for Botetourt
County from 1976-79, town attorney for Troutville during the 1980s, and as interim clerk for
Botetourt County Circuit Court in 1991;
WHEREAS, Mr. Hanes was a member of a number of fraternal organizations, such as
Rotary, Omicron Delta Kappa, and Chi Beta Phi;
WHEREAS, Mr. Hanes was a co-founder and former chairman of the Roanoke' Valley
Conflict Resolution Center, and numerous other organizations benefited from his dedicated
involvement, including the Botetourt Historical Society, Foundation for Roanoke Valley, LOA,
and Roanoke Regional Partnership; and
WHEREAS, Mr. Hanes is remembered by the legal community for his solid presence in
the courtroom, and by family and friends for being an inveterate storyteller, tinkerer, and lover of
the land.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. Council adopts this resolution as a means of rec.ording its deepest regret and sorrow at the
passing of Leigh Buckner Hanes, Jr., and extends to his family its sincerest condolences.
2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Hanes's
widow, Frances Hilton Hanes, of Roanoke, Virginia.
ATTEST:
City Clerk
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IN THE COUNCIL OF TIlE CITY OF ROANOKE, VIRGINIA,
The 15th day of September, 2008.
No. 38216-091508.
A RESOLUTION paying tribute to Dr. Billy K. Cannaday, Jr., a native of
Roanoke, for his exemplary public service.
WHEREAS, Dr. Cannaday is a native of Roanoke, and graduated from William
Fleming High School;
WHEREAS, Dr. Cannaday earned both his bachelor's and doctoral degrees from
Virginia Polytechnic Institute and State University;
WHEREAS, Dr. Cannaday was principal of Huntington Middle School in
Newport News when the school was awarded a Blue Ribbon for Excellence in 1984;
WHEREAS, Dr. Cannaday went on to serve as superintendent of Hampton Public
Schools, the third-largest urban school division in the state;
WHEREAS, in his role as superintendent of Chesterfield County Public Schools
from 2000 to 2006 Dr. Cannaday led the system from less than 50 percent of its schools
being fully accredited to 100 percent accreditation;
WHEREAS, during this same period, Dr. Cannaday personally contacted every
high school senior at risk of not graduating to help them work out a plan to succeed;
WHEREAS, Dr. Cannaday has served as Virginia's State Superintendent of
Public Instruction since his appointment by Governor Timothy M. Kaine in 2006, and is
the first African-American to serve in this position;
WHEREAS, Dr. Cannaday will leave the Department of Education to become
Dean of the School of Continuing and Professional Studies at the University of Virginia
in October 2008;
WHEREAS, Dr. Cannaday has garnered numerous awards for his work in education,
including 2005 Virginia Superintendent of the Year, 2005 Region 1 Superintendent of the
Year, 2000 Region 2 Superintendent of the Year, and 2000 William & Mary Professional
Educator of the Year; and
WHEREAS, throughout his career Dr. Cannaday has been both a model of and an
ambassador for his core belief "Aim high and don't let the doubts of others cloud your
vision. "
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. This Council adopts this means of recognizing and commending the many
services rendered to the Commonwealth of Virginia and its people by Dr. Billy K.
Cannaday, Ji.
2. The City Clerk is directed to forward an attested copy of this resolution to Dr.
Billy K. Cannaday, Jr.
ATTEST:
City Clerk.
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David A Bowers
Mayor
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WHEREAS, the Constitution of the United States of America, the guardian of
our liberties, is a product of reflection and choice, embodying the
principles of limited government in a Republic dedicated to rule by
law, not by men; and
WHEREAS, September 17, 2008, marks the two hundred and twentyjirst
anniversary of the drafting of the Constitution of the United States
of America by the Constitutional Convention; and
WHEREAS, it is fitting and proper to accord official recognition to this
memorable anniversary, and to the patriotic exercises that will
commemorate the occasion; and
WHEREAS, Public Law No. 915 guarantees the issuing of a proclamation each
year by the President of the United States of America designating
September 17 through September 23 as Constitution Week.
NOW, THEREFORE, I, David A Bowers, Mayor of the City of Roanoke,
Virginia, do hereby proclaim September 17 - 23, 2008, throughout this
great All-America City, as
CONSTITUTION WEEK.
Given under our hands and the Seal of the City of Roanoke this fifteenth day of
September in the year two thousand and eight.
ArrEST:
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WHEREAS, Saturday, September 20, 2008, has been declared National
Seat Check Saturday; and
WHEREAS, September 21-27, 2008, has been declared National Child
Passenger Safety Week; and
WHEREAS, all 50 states, the District of Columbia, Puerto Rico, and the
United States territories have enacted laws requiring the use of child
passenger safety systems; and
WHEREAS, according to the National Highway Traffic Safety
Administration, while 98 percent of America's infants and 96 percent of
children ages one to three are now regularly restrained, not enough
children of all ages are restrained properly for their size and age; and
WHEREAS, only 37 percent of children age four to seven who should be
using booster seats to protect them are actually restrained which puts
children at an unnecessary risk of being injured or killed in crashes; the
safest place for all children up to age 13 is in the back seat.
NOW, THEREFORE, I, Mayor David Bowers, Mayor of the City of
Roanoke, Virginia, do hereby proclaim Saturday, September 20, 2008,
throughout this great All-America City, as
SEA T CHECK SA TURDA Y,
and further declare,
September 21 - 27,2008, as
CHILD PASSENGER SAFETY WEEK.
Given under our hands and the Seal of the City of Roanoke this fifteenth
day of September in the year two thousand and eight.
ATTEST:
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Stephanie M Moon
City Clerk
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WHEREAS, designation of a specific day for cleaning the Roanoke River
and its tributaries will give businesses, citizens and
neighborhoods, schools and civic groups an oppot1unity to
engage in a wot1hy endeavor that will improve the overall
character of the City of Roanoke and its waterways; and
WHEREAS, as pat1 of the City's Clean and Green program, which helps
expand awareness of the Roanoke River's tributaries,
expanded awareness of the Roanoke River and its
tributaries' water quality allows for improved educational
oppot1unities for students and citizens alike; and
WHEREAS, improved cleanliness and aesthetic beauty of Roanoke's
waterways creates a positive impact for recreational
oppot1unities and improves the quality of life for citizens and
visitors to the City of Roanoke; and
WHEREAS, cooperation with other communities, individuals, businesses,
school groups and civic organizations increases pat1nership
oppot1unities for fut1her cleaning and management of the
Roanoke River and its tributaries and the celebration of
extensive hours of volunteer service put fot1h on behalf of
these volunteers.
NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke,
Virginia, encourage all citizens to pat1icipate in this wot1hwhile endeavor,
and do hereby proclaim Saturday, October 4, 2008, throughout this great
All-America City, as
FALL WA TERWA YS CLEANUP AND CELEBRA T/ON DA Y.
Given under our hands and the Seal of the City of Roanoke this 15th day
of September in the year two thousand and eight.
ATTEST:
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Stephanie M. Moon
City Clerk
David A. Bowers
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S, w., SUITE 452
ROANOKE, VIRGINIA 2401 1-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
DAVID A. BOWERS
Mayor
September 15, 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,
~~~~
David A. Bowers
Mayor
DAB:crt
June 26, 2008
Roanoke Neighborhood Advocates
215 Church Avenue, Southwest
Room 162
Roanoke, Va. 24011
Dear Mr. Campbell,
Please accept my resignation from RNA effective June 30, 2008.
My obligations in my home changed preventing me from having time
to participate as a member should.
I will miss the work and the people very much. Please accept
my best wishes for future success.
Yours Truly,
Shirley Bethel
/4 ~dkL
ROANOKE NEIGHBORHOOD ADVOCATES
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 162
Roanoke, Virginia 24011
Phone: 540-853-5210
Fax: 540-853-6597
Email: neiohborhoods@roanokeva,oov
Members:
September 6, 2008
Jeff Campbell
Chair
Cheryl D. Ramsey
Vice-Chair
Ms. Stephanie M. Moon, City Clerk
City of Roanoke
215 Church Ave., Room 456
Roanoke, VA 24011
Sandra B. Kelly
Secretary
Bob Caudle
Dear Ms. Moon:
Valerie Gamer
Brian G. Gibson
This letter is to advise you that the terms of the following Roanoke
Neighborhood Advocates (RNA) appointees expired 8/15/08 and
neither member were re-appointed by the RNA to serve:
. Ms. Kathy Hill
. Ms. Clovis Rogers
Ron McCorkle
Alyssa D. Peters
Clarice Walker
I will advise you once the RNA appoint their replacements.
Sincerely,
~~nt
Staff, RNA
cc: Jeff Campbell. RNA Chair
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-II45
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
September 17, 2008
Carl H. Kopitzke, Chair
Parks and Recreation Advisory Board
2314 Martin Lane, S. W.
Roanoke, Virginia 24015
Dear Mr. Kopitzke:
This is to advise you that Christopher M. Pohlad-Thomas has qualified as a
member of the Parks and Recreation Advisory Board to fill the unexpired term of
Christene A. Montgomery, ending March 31, 2011.
Sincerely,
th. ~~
Stephanie M. Moon, CMC
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, Christopher M. Pohlad-Thomas, 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 Christene A.
Montgomery ending March 31, 2011, according to the best of my ability (So
help me God).
Subscribed and sworn to before me this3JLJ day Of~ 2008.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
, CLERK
BY
K:\oath and leaving service\Parks and Rec\08\Christopher M. Pohlad-Thomas oath 3 2011.doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, William M. Hackworth, 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 City Attorney of the City of
Roanoke, for a term of two years commencing October 1, 2008, and ending
September 30, 2010, according to the best of my ability.
LJ~ ~. ~
-~ C A
Subscribed and sworn to before me this~ day of ~ 2008.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BY ~ C6f; . CLERK
K:\oath and leaving service\Qualifications Council Appointed Officers\Constutional officers oaths2008.doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Stephanie M. Moon, 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 City Clerk of the City of
Roanoke, for a term of two years commencing October 1, 2008, and ending
September 30, 2010, according to the best of my ability.
%~Lfr).In~
V
Subscribed and sworn to before me this <;} ~ day of ~ 2008.
BREND~7?J~K ~F THE CIRCUIT COURT
BY ~ ,CLERK
K:\oath and leaving service\Qualifications Council Appointed Officers\Constutional officers oaths200B.doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Troy A. Harmon, 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 Municipal Auditor of the City of Roanoke, for a
term of two years commencing October 1, 2008, and ending September 30,
2010, according to the best of my ability.
~~ ~fr
D~ A\--
Subscribed and sworn to before me this5.!!-day of 4- 2008.
::EZ:~~f5:':~:RU~T COURT
K:\oath and leaving service\Qualifications Council Appointed Officers\Constutional officers oaths2008.doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Ann H. Shawver, do solemnly affirm that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of
Virginia, and that I will faithfully and impartially discharge and perform all the
duties incumbent upon me as Director of Finance of the City of Roanoke, for a
term of two years commencing October 1, 2008, and ending September 30,
2010, according to the best of my ability.
;GtJ~~
fA.
Subscribed and sworn to before me this L day ofcSy 2008.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BY -t)~~r/JJ-' CLERK
K:\oath and leaving service\Qualifications Council Appointed Officers\Constutional officers oaths2008.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
September 17, 2008
CECELIA R. TYREE
Assistant Deputy City Clerk
Darlene L. Bu rcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At its regular meeting held on Monday, September 15, 2008, the Council of the
City of Roanoke took the following action in connection with the Countryside
Golf Course:
Countryside Golf Course remain an 18-hole golf course; that the
City design improvements necessary to preserve an 18-hole golf
course and to create a quality golf course and to provide cost
estimates for those improvements; that after the drawings and
estimates are completed, City staff prepare and distribute a
Request for Proposal (RFP); that the RFP allow the potential golf
cou rse operators the flexibility to propose a lease-term sufficient
for the improvements of the golf course as have been identified;
that the City Administration also prepare its own response to the
RFP for the City's payment of improvements and operation of the
golf course so that it can be compared to the private-sector
responses; and in addition, that City staff bring to Council before
the RFP is distributed, identification of "potential" land that can be
sold by the City for residential and non-residential purposes that is
in excess of what is needed to operate a quality 18-hole golf
course.
Sincerely,
~h7.~~
Stephanie M. Moon, CMC
City Clerk
SM M :ew
pc: Valerie L. Garner, 2264 Mattaponi Drive, N. W., Roanoke, Virginia 24017
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.W, SUITE 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540)853-2444
FAX: (540) 853-1145
DAVID A. BOWERS
Mayor
September 10, 2008
The Honorable Sherman P. Lea, Vice-Mayor
The Honorable Gwen W. Mason
The Honorable Alvin L. Nash
The Honorable Anita J Price
The Honorable Court G. Rosen
The Honorable David B. Trinkle
Dear Members of Council:
Vice-Mayor Lea and I ask that the issue of Countryside Golf Course be placed on
the Agenda for the 2:00 p.m. session on Monday, September 15, 2008, for
discussion and Council action.
Thank you.
Sincerely,
~&ei?~
David A. Bowers
Mayor
DAB:jj
Cc: Stephanie M. Moon, City Clerk
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
I'd first like to recognize those neighbors, golfers and other supporters here
today and ask them to stand. A 2:00 Council meeting is tough for our working
neighbors and supporters to attend. Twice as many wanted to come at 7:00.
It was on May 2, 2005, Council voted to take an option to purchase Countryside
Golf Course. Here we are over three years later and time is of the essence with
the lease ending Oct. 31st and with no RFP yet issued.
The "data and financing" has been available for all these years.
There is no reason to stall the process any longer and risk the shutdown and
eventual decay of the golf course. Decay of city owned property is NOT fiscally
responsible. This DELAY is not physically responsible.... stalling leads to
. I
suspicion.. ,
We are intelligent citizens.
I will quote a member of Council's own words in an email dated 9/22/05 ()btained
from a FOIA request - that said, "this process is being watched by a large
number of people who are intelligent and can determine when they are being..
involved or left out... trust is a major factor here.. . let's do what we have to do to
keep that with our citizens." I have not forgotten those comforting words Mr. Lea
and we are still watching and we are still intelligent.
Council had questions at the briefing on Countryside in regard to promotion of
the golf course. If you initiate a "google" search of "Countryside Golf Course
Roanoke" you will see what comes up besides the airport hotels that tout it as an
amenity for their guests. The results of the search displays the City's website
under the Planning - Special Projects which says though stalled that the golf
course is still slated for development and the RFP for development is still
downloadable. It is no wonder that people say they think the course is closed. I
ask Council to have this destructive promotion removed from the City's website.
I ask Council to consider a ten year operating agreement as the minimum the
City should consider. To really recoup the City's investment a 20 year lease
would be a better. As Ms. Shuck stated at the airport commission. meeting 20
years was OK with them as long as their was commitment by this council that the
property would be used for golf course fairways. She also stated that golf course
fairways were a preferred Lise by the FAA. Evidently the FAA considers golfers
as expendable. .
Again, I ask this Council to end this delay today and our anxiety and expediently
instruct the City Administration to issue a RFP.
PLEASE ALSO ANSWER what measures will be taken should NO lease be in
place by October 31st. Who will care for the golf course?
...
-....,.,.: :.,; ..~..';..
Council Members
City Clerk
City Manager
Mayor
September,15,2008
Presidents Council would like to express support for Country
side golf course and property under consideration for long term operation.
Estelle Mc Cadden
Tony Stavola
Kathy Hill
STEPHANIE M. MOON, CMC
City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
September 17, 2008
William M. Hackworth
City Attorney
Roanoke, Virginia
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
At its regular meeting held on Monday, September 15, 2008, the Council of the
City of Roanoke took the following action in connection with the Riverside
Amphitheatre:
Authorize the City Manager and City Attorney to negotiate with Red
Light Management to add to the current Phase 1 contract or if
required a new contract through a PPEA process per their
discretion to perform similar studies and investigations for a
commercial amphitheatre at the Elmwood Avenue site in downtown
Roanoke as was done at the Riverside site, including placement,
siting, size, green space and options for moving, downsizing or
reconfiguring the downtown library in congruence with what has
been recommended specifically for our downtown library in the
Roanoke City Public Libraries Five Year Master Plan to make
adequate room for such commercial amphitheatre; and the
management company will work with charitable organizations and
EventZone to assure their continued use and presence in Elmwood
Park.
SM M: ew
Sincerely,
~m.~
Stephanie M. Moon, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE"S.W., SUITE 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
DAVID A. BOWERS
Mayor
September 10, 2008
The Honorable Sherman P. Lea, Vice-Mayor
The Honorable Gwen W. Mason
The Honorable Alvin L. Nash
The Honorable Anita J. Price
The Honorable Court G. Rosen
The Honorable David B. Trinkle
Dear Members of Council:
Vice-Mayor Lea and I ask that the issue of Riverside Amphitheatre be placed on
the Agenda for the 2:00 p.m. session on Monday, September 15, 2008, for
discussion and Council action.
Thank you.
Sincerely,
(g)~~
David A. Bowers
Mayor
DAB:jj
Cc: Stephanie M. Moon, City Clerk
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
.'
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Chronoloav - Victory Stadium - Stadium/Amphitheater
· May 1996: Report titled "Victory Stadium Renovations" prepared by Heery
International (with Hammer Siler George) was formally submitted to Parks &
Recreation and City Council. Five (5) options were identified in the report,
ranging in cost from 6.5-million to 21.6-million. Council selected Option 4 as
being the preferred alternative - that option is highlighted in the May 1996
report. The five options studied were:
o Option 1 - Basic remediation of facility;
o Option 2 - Complete renovation of facility;
o Option 3 - Retain west stands, demolish east stands and replace with
5,000 new eats, locker rooms, concessions, etc.;
o Option 4 - Raise the playing field out of the flood plain, eliminate 17-
rows on each side, provide new track, etc.; and,
o Option 5 - Construct new stadium.
· May 1998: "Feasibility Study, River's Edge Sports Complex" prepared for
Parks & Rec by Rife+Wood Architects. Study examined construction of a
new 3,000-4,000 seat stadium on the current site of Victory Stadium.
· June 1999: HOK Sports proposed another option - that being to demolish
existing facility and construct a new 6,000 seat stadium on same site that
would utilize a raised earthen berm to protect the playing field from flooding.
· October 1999: Seven options were developed to renovate Victory Stadium or
to build new stadium (prepared for Parks & Recreation with the assistance of
HOK Sports)
· Sprinq 2000: Rosser International was retained to prepare a study for
stadium; three options were examined:
o Option (1) - Renovate Victory Stadium;
o Option (2) - Provide new stadium/concert venue; and,
o Option (3) - Provide new amphitheater with stadiums at each high
school; Victory Stadium to be retained as a location for "special
events."
· April/May 2000: "Victory Stadium Feasibility Study" prepared for the City by
Rosser International. Study looked at four options:
o Option (1) - Renovate Victory Stadium;
o Option (2) - Construct new stand-alone sports stadium;
o Option (3) - Construct new stadium with stage either along sideline
or at end of the field; and,
o Option (4) - Construct new stand-alone amphitheater and build
new sports stadiums at each high school.
(Part of consultant's work also looked at construction of dual-use stadium/
amphitheater facility at Orange Avenue site.)
· May 2000: "Victory Stadium Feasibility Study," financial study prepared for
the City by C.H. Johnson Consulting, Inc. Study looked at economic
feasibility to support a stadium/amphitheater facility. It examined and
compared financial and operational impact to (1) Renovate Victory Stadium;
(2) Construct a stand-alone amphitheater; and, (3) Construct a combined
stadium/amphitheater facility.
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. AUQust 2000: Rosser International prepared five options for current Victory
Stadium site:
o Option 1 - Retains option originally proposed under 1996 Heery
study (i.e. "Option 4" of that study);
o Option 1 a - Renovates existing stadium and adds a stage at end of
the field for concerts;
o Option 1 b - Renovate west side stands, demolish east side stands
and construct new stage and related support facilities;
o Option 1 c - Demolish existing stadium and construct new dual-use
stadium/ amphitheater facility; and,
o Option 1 d - Demolish stadium and convert site to recreational fields
(option assumed that "stadium" with spectator seating would be
relocated to another property).
. February 2001: Rosser International prepares four options for Victory
Stadium site:
o Option 1 - Renovate existing facility, both sides (w/seating capacity
of 16,000);
o Option 1 B - Renovate one side, provide new sideline amphitheater
stage;
o Option 1C - Construct new stadium with east-west orientation; and,
o Option 1 CC - Construct new stadium with east-west orientation
and movable seating.
. February 2001: Rosser develops an alternative to Option 1 - that being a
"minimal" reworking of the existing stadium facility and reducing the seating
capacity from 16,000 to 10,000 (this option is referred to as "Option 1.1 ").
. April 2001: "Multiple Sites Study, Replacement Options for Victory Stadium"
prepared by Rosser International, dated April 2,2001. Study looked at twelve
(12) different sites, including Victory Stadium site; it also examined four
different options for a new stadium at each of the twelve sites. The four
options were:
o Option 1 A - 6,000 seat stadium with a running track;
o Option 1 B - 6,000 seat stadium without a track;
o Option 2 - 7,000 seat stadium/11 ,000 seat amphitheater without a
track; and,
o Option 3 - 3,000 seat stadium for track (would also accommodate
football and soccer field).
. February 2002: City Council authorizes contract with Rosser International to
design and prepare documents for proposed stadium/amphitheater complex
at Orange Avenue site.
. January 2005: Condition Assessment and Evaluation of Victory Stadium
prepared by Sutton-Kennerly & Associates, Inc.; Actual cost: $77,187.75;
o Phase 1 report - inspection
o Phase 2 report - inspection and testing of materials, evaluation of
existing stadium for future loads, development of conceptual design
and cost estimation of repairs
. AUQust 2005: Conceptual Design Phase and Other Services for a Renovated
or new Stadium for the City of Roanoke, Virginia by Heery International, Inc.
, .
- I
"
"
Development of a study encompassing five options for a renovated or new
stadium for football, soccer and possibly other athletic events.
Options:
o Renovate
o Renovate to meet Secretary of Interior Standards for historic tax
credit purposes
o New stadium with 5,000 seating capacity
o New stadium with 10,000 seating capacity
o New stadium with 15,000 seating capacity
Analysis supported by Convention, Sports & Leisure (CSL) market demand
analysis and financial analysis (Market Demand and Preliminary Financial
Analysis related to Potential Stadium Development Options in Roanoke
presented to Heery International.
· March 2006: City Council authorized, by Ordinance No. 37316-030606, the
appropriation of $4.1 million for the Patrick Henry High School Stadium
Project from the Stadium/Amphitheater Project account. An additional $4.1 ,
million is recommended for reallocation from the Stadium/Amphitheater
Project account for a stadium at William Fleming High School.
· Mav 2006: Consulting services secured for Market Study for an Outdoor
Amphitheater prepared by Economics Research Associates. Contract cost:
$49,400. Consultant recommendations included:
o Use of an exclusive promoter with extensive experience
o Maximum capacity of 7,000, including lawn seating
o Covered stage and sheltered seating for 2,000 to 3,000 under a
permanent canopy
o Temporary seating to provide flexibility for different artists
o Supporting facilities (permanent restrooms, parking, box office,
concession stands, production office)
o Back of state facilities
· 2007: Site Assessment for Proposed Outdoor Amphitheater prepared by
Bullock Smith & Partners; Contract cost: $20,100; Assessment of sites for
and the potential cost of the construction of an outdoor amphitheater
· 2007: Update to the Parks and Recreation Master Plan by PROS Consulting
LLC; Contract cost: $23,000; Amendment #1 - Facility and Program Inventory
and Analysis - Aesthetics/Design - Master Plan for Reserve Avenue; focus of
amendment was to provide a conceptual plan for a signature park on the 37
acres between Reserve Avenue and the Roanoke River; an amphitheater
was one of many programs included in the study.
· April 2008: Contractual agreement entered for Consultant Services Regarding
the Design, Development, and Management of an Amphitheater with Red
Light Management, Inc. Phase 1: not to exceed $120,000 without prior written
consent of the City; Phase 2 continuation to be determined following the
conclusion and review of the Phase 1 feasibility study.
~
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Study Title Year Cost
Victory Stadium Renovations by Heery 1996
International, Inc.
Feasibility Study, Rivers Edge Sports Complex 1998
by Rife+Wood Architects
Parks & Recreation and HOK Sports Study 1999
Victory Stadium Feasibility Study by Rosser 2000
International
Victory Stadium Feasibility Study by C.H. 2000
Johnson Consulting, Inc.
Multiple Sites Study by Rosser International 2001
Condition Assessment and Evaluation - Victory 2005 $77,188
Stadium by Sutton-Kennerly & Associates, Inc.
Professional Architectural-Engineering Services 2005 $124,860
for Conceptual Design Phase and Other
Services for a Renovated or New Stadium for
the City of Roanoke by Heery International, Inc.
Consulting Services for Market Study for an 2006 $49,400
Outdoor Amphitheater by Economics Research
Associates
Update to the Parks and Recreation Master 2007 $93,610
Plan bv PROS Consulting LLC
Site Assessment for Proposed Outdoor 2007 $20,100
Amphitheater by Bullock Smith & Partners
Consulting Services Regarding the Design, 2008 Not to exceed
Development and Management of an $120,000
Amphitheater by Red Light Management, Inc.
~
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Charlottesville Music Pavilion
Location: ,',FI,.,I','<:/lil" ""
Services:
Client: "
Project Cost:
Completion Date: ' "',
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The site for a new music pavilion is at an inter-
section of different urban fabrics: Rehabbed
nineteenth-century industrial buildings, a free-
way, and recent office developments all sur-
round this open space.
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An arch spans the site at a 30-degree angle to
the mall axis, creating its own strong presence.
The roof system serves seasonal uses from May
to September, and is demounted for storage
during the colder months. While conceived as a
warm-weather venue, the site is accessible
throughout the year, so the architects chose to
give the pavilion a permanent identity as well.
When the roof membrane is removed, the site is
activated by another set of programs and func-
tions as an urban park. The arch thus performs
on several levels: urban, architectural, and
structu raL
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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
SHEILAN. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
September 16, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38218-091508 approprlatmg
funds from the U. S. Department of Transportation through the Commonwealth
of Virginia Department of Motor Vehicles for a multi-purpose highway safety
grant (Driving Under the Influence, Aggressive Driver, and Motor Vehicle
Occupant Protection), 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, September 15, 2008, and is in
fu II force and effect upon its passage. .
Sincerely,
~I'h.~
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
A. L. Gaskins, Chief of Police
o
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of September, 2008.
No. 38218-091508.
AN ORDINANCE to appropriate funding from the U.S. Department of
Transportation through the Commonwealth of Virginia Department of Motor
Vehicles for a multi-purpose highway safety grant (Driving Under the Influence,
Aggressive Driver, and Motor Vehicle Occupant Protection), amending and
reordaining certain sections of the 2008-2009 Grant Fund Appropriations, and
dispensing with ttie 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
Overtime Wages
FICA
Expendable Equipment
Training and Development .
Revenues
DMV Multi-purpose Grant FY09
35-640-3442-1003
35-640-3442-1120
35-640-3442-2035
35;.640-3442-2044
$ 33,840
2,256
3,135
500
35-640-3442-3442
39,731
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST: . .'. ".
~~tn.~
, \' CIty Clerk. '
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
September 16, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38217-091508 accepting the Department
of Motor Vehicles Traffic Safety Grant to the City of Roanoke from the
Commonwealth of Virginia's Department of Motor Vehicles, and authorizing
execution of any required documentation on behalf of the City.
The abovereferenced, ,measure was adopted by the Council of the City of
..Jc
Roanoke at a regular meeting held on Monday, September 15, 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
A. L. Gaskins, Chief of Police
<Jt4;>
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of September, 2008.
No. 38217-091508.
A RESOLUTION accepting the Department of Motor Vehicles Traffic Safety Grant to
the City from the Commonwealth of Virginia's Department of Motor Vehicles, 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 from the Commonwealth of Virginia,
Department of Motor Vehicles, the Department of Motor Vehic1es Traffic Safety Grant in the
amount of $39,731. The grant, which requires a $7,946 in-kind match by the City, is more
particularly described in the letter of the City Manager to Council, dated September 15, 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 this
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 by the Commonwealth of Virginia, Department of Motor Vehic1es, in
connection with the City's acceptance of this grant.
ATTEST:
~m.,~
City ~lerki
"\
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
September 15, 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]. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of Council:
Subject: DMV Grants
Background:
The Virginia Department of Motor Vehicles (DMV) is the administering agency
for pass through funds provided by the United States Department of
Transportation for highway safety projects in Virginia. DMV offers these funds
to successful applicants for activities which improve highway safety in Virginia.
The Roanoke Police Department has been awarded grant funding in the amount
of $39,731. The funding is designated for overtime and related employer
payroll taxes associated with conducting selective enforcement activities which
target motor vehicle occupant safety and Driving Under the Influence.
Additionally the funding will support traffic safety related equipment purchases
and training. The grant period is from October 1, 2008, through September 30,
2009. The grant requires a $7,946 in-kind match that will be satisfied through
the department's expenditure on motor fuel.
There is a statistical correlation between levels of motor vehicle law
enforcement and traffic accidents in the City of Roanoke. Increased patrols,
funded by these grants, are an effective strategy to reduce accidents and
prevent injuries. These programs will allow officers to concentrate on alcohol
impaired and aggressive drivers at times when sl!ch yiolations are most likely to
occur.
Honorable Mayor and Members of City Council
September 15, 2008
Page 2
Recommended Action:
Accept the Department of Motor Vehicle Traffic Safety Grant. 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 in
the amount of $39,731 and appropriate the same to the accounts to be
established in the Grant Fund by the Director of Finance.
Overtime
FICA
Expendable Equipment
Training and Development
$33,840
$ 2,589
$ 2,802
$ 500
Total
$39,731
Respectfully submitted,
~
City Manager
DLB:gws
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager
A. L. Gaskins, Chief of Police
Sherman M. Stovall, Director of Management and Budget
CM08-00 148
.~o!'),LrF~,\,;~:.(; ,::", j ~~:t
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
September 16, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
lam attaching copy of Budget Ordinance No. 38220-091508 appropnatlng
funds from the Grant Fund to serve as a local match for a Commonwealth of
Virginia Department of Historic Resources Certified Local Government 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, September 15, 2008, and is in
full force and effect upon its passage.
Sincerely,
~M~~.~~
City Clerk
S M 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
Thomas N. Carr, Director, Planning, Building and Development
EricaJ. Taylor, City Planner II
.~
\L
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of September, 2008.
No. 382~e-091508.
AN ORDINANCE to appropriate funding from the Grant Fund to serve as a
local match for a Commonwealth of Virginia Department of Historic Resources Certified
Local Government 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 35-610-8122-2010
Revenues
Certified Local Government Grant FY09-Local 35-610-8122-8122
$ 17,500
17;500
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
. ATTEST: :~ \ ~.
~....//\'\:..'...hl.'.\.'''',,~, b~
,I.'. r j
{'I,' \.
\
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
CECELlA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
September 16, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38219-091 508 authorizing the
acceptance of a Certified Local Government Grant from the Virginia Department
of Historic Resources 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, September 15,2008.
Sincerely,
~h1.~
. Stephanie M. Moon, CMC
City Clerk
S M M :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, Planning, Building and Development
EricaJ. Taylor, City Planner II
4>~~q
IN THE COUNCIL FOR THE CITY OF ROANOKE, VlRGINIA,
The 15th day of September, 2008_
No. 38219-091508_
A RESOLUTION authorizing the acceptance of a Certified Local Government Grant from
the Virginia Depmiment of Historic Resources and authorizing execution of any required
documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager is hereby authorized on behalf of the City to accept from the
Virginia Department of Historic Resources a Certified Local Government Grant in the amount of
$17,500.00, with the City providing an additional $17,500.00 in local matching funds, such funding
to be used to perform an architectural survey of the Wasena neighborhood and prepare a Preliminary
Information Form for the proposed Wasena National Register Historic District, all of which is more
particularly described in the City Manager's letter dated September 15, 2008, to City Council.
2. The City Manager is hereby authorized to execute, on behalf ofthe City the Certified
Local Government Grant Agreement attached to the City Manager's letter dated September 15,2008,
to City Cowlcil, and any other documents required by the Department of Historic Resources
pertaining to the Certified Local Government Grant, approved as to form by the City Attorney,
required in connection with the acceptance of such grant, and to furnish such additional information
as may be required by the Virginia Department of Historic Resources\iri cOl~ection with the grant.
ATTEST;:
,
~.h)..~
City Clerk.
R-CLG grant-historic Teso~rces.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
September 15, 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:
Acceptance of a CLG Grant
from the Virginia Department
of Historic Resources
Background:
The City of Roanoke received notification that an application for Survey and
Planning Cost Share Program grant funds was reviewed and approved by the
Virginia Department of Historic Resources (DHR). This funding will be used to
perform an architectural survey of the Wasena neighborhood and prepare a
Preliminary Information Form for the proposed Wasena National Register
Historic District. DHR will manage the project, and will seek the services of a
qualified consultant through the state's procurement process, while City staff
provides in-kind support and assistance.
Considerations:
The approved grant amount of $17,500 will be matched with $17,500 in City
funds available in Local Grant Match (35-300-9700-5415), for a total project
amount of $35,000. Under this grant structure the City's expenditure will be
limited to $17,500. DHR will bill the City for its share and provide all
administration for the project. The grant period is between August 1, 2008 and
June 1, 2010.
Honorable Mayor and Members of City Council
September 15, 2008
Page 2
Recommended Actions:
Adopt a resolution accepting the $17,500 CLG Grant for the Virginia
Department of Historic Resources.
Authorize the City Manager to execute the attached Certified Local Government
Grant Agreement, and any other forms required by the Department of Historic
Resources in order to accept these funds; all such documents to be approved as
to form by the City Attorney.
Adopt the accompanying budget ordinance to appropriate $17,500 in grant
funding and transfer $17,500 in local match funding (35-300-9700-5415) to an
account to be established in the Grant Fund by the Director of Finance and to
establish corresponding revenue estimates.
Respectfully submitted,
Darlene L. Bur
City Manager
DLB/cc
Attachment
cc: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director of Management and Budget
R. Brian Townsend, Assistant City Manager for Community Development
Tom Carr, Director, Planning Building & Development
Erica J. Taylor, City Planner II
CM08-00 146
, t r ~ .J .~: ~;
STATE SURVEY AND PLANNING FUNDS AGREEMENT
FISCAL YEAR 2008 - 2009
This agreement is entered into on the 20th day of August 2008, by the City of Roanoke (City) and the
Virginia Department of Historic Resources (DHR), to conduct the Architectural Survey of the Wasena
Neighborhood and preparation of a Preliminary Information Porm (PIP) for the proposed Wasena Historic
District. The project will involve architectural reconnaissance-level survey of about 450 properties in the
project area, the Wasena neighborhood. It is the mutual hope and expectation of the City and DHR that
this project will support the City's long-range historic preservation planning efforts.
Witness that the City and DHR, in consideration of mutual covenants, promises and agreements herein
contained, agree as follows:
Scope of Agreement: The City shall provide funding up to the amount of $17,500 and in-kind support in
the form of photocopying, map making, and assistance with public meetings, and DHR shall provide
funding up to the amount of $17,500, to carry out reconnaissance-level architectural survey on
approximately 450 properties in the Wasena neighborhood, in the proposed Wasena Historic District, and
preparation of a PIP on the proposed historic district. All materials shall meet DHR's requirements, and
the City will receive copies of all property documentation packages prepared for this project.
DHR will assume all administrative responsibilities for the project including contracting with a qualified
vendor, paying all bills, monitoring the progress of the project, and ensuring final delivery of a
satisfactory product. The final amount of funding to be provided by the City and by DHR shall be
determined according to the fee of the selected contractor, which may be less than the anticipated project
budget.
Period of Performance: DHR Cost Share Program funds for this project will be available during the
August 1,2008 to June 1,2010 period only. All work on the project is expected to be completed by
December 31, 2009, in order to ensure close out of the project by June 1, 20 I 0, unless a mutual agreement
between the City and DHR provides for extension of the contract period beyond June 1,2010.
Punding Contingency: DHR Cost Share program funding is contingent upon budgetary considerations. If
unforeseen circumstances reduce available funding for the 2008-09 cycle, DHR shall renegotiate this
agreement with the City to provide the funding committed herein with an extended project schedule.
This agreement shall consist of:
1. This signed form
2. Any negotiated modifications to the Application, all of which documents shall be incorporated
herein
In witness whereof, the parties have caused this Agreement to be duly executed intending to be bound
thereby.
APPLICANT:
CITY OF ROANOKE
SOLICITOR:
DEPARTMENT OF HISTORIC
RESOURCES
BY:
BY:
TITLE:
TITLE:
DATE:
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
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
J
September 16, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38222-091508 appropriating
funds from the Commonwealth of Virginia for the FY09 Workforce Investment
Act 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, September 15, 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
Jane R. Conlin, Director, Human/Social Services
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of September, 2008.
No. 38222-091508.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for
the FY09 Workforce Investment Act 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
Administrative - Regular Employee Wages
Administrative - Temporary Employee Wages
Administrative - City Retirement
Administrative - ICMA Match
Administrative - FICA
Administrative - Medical Insurance
Administrative - Dental Insurance
Administrative - Life Insurance
Administrative - Disability Insurance
Administrative - Fees for Professional Services
Administrative - Dues and Memberships
Administrative - Training and Development
Administrative - Local Mileage
Administrative - Food
Administrative - Business Meals and Travel
Administrative - Equipment Rental
Administrative - Other Rental
Administrative - Marketing
Administrative - Supplies
Administrative - Insurance
Administrative - Contract Services
Administrative - Leases
Administrative - Equipment
Administrative - Miscellaneous
Administrative - Telephon~_ .
Adult - Regular Employee Wages
Adult - Temporary Employee Wages
35-633-2350-1002
35-633-2350-1004
35-633-2350-1105
35-633-2350-1116
35-633-2350-1120
35-633-2350-1125
35-633-2350-1126
35-633-2350-1130
35-633-2350-1131
35-633-2350-2010
35-633-2350-2042
35-633-2350-2044
35-633-2350;..2046
35-633-2350-2060
35-633-2350-2144
35-633-2350-3070
35-633-2350-3075
35-633-2350-8053
35-633-2350-8055
35-633-2350-8056
35-633-2350-8057
35-633-2350-8058
35-633-2350-8059
35-633-2350-8060
35-633-2350-8090
35-633-2351-1002
35-633-2351-1004
$ 15,000
12,000
2,400
146
2,065
965
57
147
37
500
635
237
300
420
1,500
478
175
200
344
910
4,760
1,203
500
50
496
1,673
576
Adult - City Retirement
Adult - ICMA Match
Adult - FICA
Adult - Medical Insurance
Adult - Dental Insurance
Adult -'- Life Insurance
Adult - Disability Insurance
Adult - Training and Development
Adult - Local Mileage
Adult - Food
Adult - Business Meals and Travel
Adult - Equipment Rental
Adult - Other Rental
Adult - Marketing
Adult - Supplies
Adult - Contract Services
Adult - Leases
Adult - Telephone
Dislocated Worker - Regular Employee Wages
Dislocated Worker - Temporary Employee Wages
Dislocated Worker - City Retirement
Dislocated Worker - ICMA Match
Dislocated Worker - FICA
Dislocated Worker - Medica/Insurance
Dislocated Worker - Dental Insurance
Dislocated Worker - Life Insurance
Dislocated Worker - Disability Insurance
. Dislocated Worker - Training and Development
Dislocated Worker - Local Mileage
Dislocated Worker - Food
Dislocated Worker - Business Meals and Travel
Dislocated Worker - Equipment Rental
Dislocated Worker- Other Rental
Dislocated Worker - Marketing
Dislocated Worker - Supplies
Dislocated Worker - Contract Services
. Dislocated Worker - Leases
Dislocated Worker - Telephone
Youth in School- Regular Employee Wages
Youth in School- Temporary Employee Wages
Youth in School- City Retirement
Youth in School- ICMA Match
Youth in School- FICA
Youth in School- Medical Insurance
Youth in School- Dental: Insurance
Youth in School- Life Insurance
35-633-2351-1105
35-633-2351-1116
35-633-2351-1120
35-633-2351-1125
35-633-2351-1126
35-633- 2351-1130
35-633-2351-1131
35-633-2351-2044
35-633-2351-2046
35-633-2351-2060
35-633-2351-2144
35-633-2351-3070
35-633-2351-3075
35-633-2351-8053
35-633-2351-8055
35-633- 2351-805 7
35-633-2351-8058
35-633-2351-8090
35-633-2352-1002
35-633-2352-1004
35-633-2352-1105
35-633-2352-1116
35-633-2352-1120
35-633-2352-1125
35-633-2352-1126
35-633-2352-1130
35-633-2352-1131
35-633-2352-2044
35-633-2352-2046
35-633-2352-2060 .
35-633-2352-2144
35-633-2352-3070
35-633-2352-3075
35-633-2352-8053
35-633-2352-8055
35-633-2352-8057
35-633-2352-8058
35-633-2352-8090
35-633-2353~1 002
35-633-2353-1004
35-633-2353-1105
35-633-2353-1116
35-633-2353-1120
35-633-2353-1125
35-633-2353-1126
35-633-2353-1130
268
15
172
107
6
16
4
47
20
17
90
47
29
68
38
40,905
133
55
3,150
1,590
505
28
122
201
12
31
8
77
20
35
190
89
77
224
72
89,992
251
103
13,358
3,286
2,1~7
113
1,273
853
50
130
Youth in School- Disability Insurance
Youth in School- Training & Development
Youth in School - Local Mileage
Youth in School- Food
Youth in School- Business Meals and Travel
Youth in School - Equipment Rental
Youth in School - Other Rental
Youth in School - Marketing
Youth in School- Supplies
Youth in School- Contractual Services
Youth in School - Leases
Youth in School- Telephone
Youth out of School- Regular Employee Wages
Youth out of School- Temporary Employee Wages
Youth out of School- City Retirement
Youth out of School- ICMA Match,
Youth out of School- FICA
Youth out of School- Medical Insurance
Youth out of School- Dental Insurance
Youth out of School - Life Insurance
Youth out of School- Disability Insurance
Youth out of School- Training & Development
Youth out of School- Local Mileage
Youth out of School- Food
Youth out of School- Business Meals and Travel
Youth out of School- Equipment Rental
Youth out of School - Other Rental
Youth out of School - Marketing
Youth out of School- Supplies
Youth out of School- Contractual Services
Youth out of School - Leases
Youth out of School- Telephone
Revenues
Workforce Investment Act Grant FY09
35-633-2353-1131
35-633-2353-2044
35-633-2353-2046
35-633-2353-2060
35-633-2353.:.2144
35-633-2353-3070
35-633-2353-3075
35-633-2353-8053
35-633-2353-8055
35-633-2353-8057
35-633-2353-8058
35-633-2353-8090
35-633-2354-1002
35-633-2354-1004
35-633-2354-1105
35-633-2354-1116
35-633-2354-1120
35-633-2354-1125
35-633-2354-1126
35-633-2354-1130
35-633-2354-1131
35-633-2354-2044
35-633-2354-2046
35-633-2354-2060
35-633-2354-2144
35-633-2354-3070
35-633-2354-3075
35-633-2354-8053
35-633-2354-8055
35-633-2354-8057
35-633-2354-8058
35-633-2354-8090
35-633-2350-2350
33
250
170
80
480
378
230
400
304
163,040 .
1,063
438
5,624
1,622
900
47
554
359
21
55
14
225
50
55
300
159
125
135
128
69,593
448
185
455,253
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.
.
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
September 16, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38221-091 508 authorizing the City
Manager to execute the requisite documents necessary for the City of Roanoke,
as fiscal agent for Area 3 of the Western Virginia Workforce Development Board,
to accept Workforce Investment Act funding, in the amount of $455,523.00,
from the Virginia Employment Commission for Program Year 2008.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, September 15, 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
Jane R. Conlin, Director, Human/Social Services
1'\ .1-!-. - I'. .-
o iLL-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of September, 2008.
No. 38221-091508.
A RESOLUTION authorizing the City Manager to execute the requisite documents
necessary for the City of Roanoke, as fiscal agent for Area 3 of the Western Virginia
Workforce Development Board, to accept Workforce Investment Act funding in the amount
of $455,523.00, from the Virginia Employment Commission for Program Year 2008.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The W estern Virginia Workforce Development Board Workforce Investment
Act funding in the amount of $455,523.00, to be used in accordance with the purposes as
further set forth in the City Manager's letter dated September 15, 2008, is hereby
ACCEPTED.
2. The City Manager is authorized to execute, and the City Clerk is authorized to
attest, the requisite documents necessary to accept such funding, upon form approved by the
City Attorney.
ATTEST:
~rt:i~
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
September 15, 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: Funding for Western
Virginia Workforce Development
Board Workforce Investment Act
(WIA) Programs
Background:
The City of Roanoke is the grant recipient for Workforce Investment Act
(WIA) funding, thus, City Council must appropriate the funding for all
grants and other monies received in order for the Western Virginia
Workforce Development Board to administer WIA programs. The Western
Virginia Workforce Development Board administers the federally funded
Workforce Investment Act (WIA) for Area 3, which encompasses the
counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the
cities of Covington, Roanoke, and Salem.
WIA funding is for four primary client populations:
. Dislocated workers who have been laid off from employment
through no fault of their own;
. Economically disadvantaged individuals as determined by
household income guidelines defined by the U.S. Department of
Labor;
Honorable Mayor and Members of City Council
September 15, 2008
Page 2
. Youth who are economically disadvantaged, or who have other
barriers to becoming successfully employed adults; and
. Businesses in need of employment and job training services.
The Western Virginia Workforce Development Board has received a Notice
of Obligation (NOO), from the Virginia Community College System,
allocating $49,207 for the Adult Program which serves economically
disadvantaged adults, $107,530 for the Dislocated Worker Program which
serves workers laid off from employment through no fault of their own,
and $298,516 for the Youth Program which serves economically
disadvantaged youth for Program Year 2008 Uuly 1, 2008 - June 30,
2010). Ten percent of the aforementioned totals are to be allocated to the
administrative function of the Western Virginia Workforce Development
Board.
Considerations:
. Program Operations - Existing activities will continue and planned
programs will be implemented.
. Funding - Funds are available from the Grantor agency and other
sources as indicated, at no additional cost to the City.
Recommendations:
Accept the Western Virginia Workforce Development Board Workforce
Investment Act funding of $455,253 for Program Year 2008.
Adopt the accompanying budget ordinance to establish a revenue
estimate in the amount of $455,253 and to appropriate the same amount
in accounts to be established in the Grant Fund by the Director of
Finance.
Respectfully submitted,
Darlene L. Burc
City Manager
Honorable Mayor and Members of City Council
September 15, 2008
Pag e 3
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 Services
CM08-00 1 47
Unit Fund/Department! Object Account
Name Unit Code Name Allocation
Dislocated Worker 35-633-2352 1002 Regular Employee Salaries $ 3.150
1004 Temporary Employee Wages $ 1,590
1120 Fica $ 122
1105 City Retirement $ 505
11161CMA Match $ 28
1125 Medical Insurance $ 201
1130 Life Insurance $ 31
1131 Disability Insurance $ 8
1126 Dental Insurance $ 12
8053 Marketing $ 224
8055 Supplies $ 72
8090 Telephone $ 103
8058 Leases $ 251
2144 Business Meals & Travel $ 190
2044 Training & Development $ 77
2046 Local Mileage $ 20
2060 Food $ 35
8057 Contract Services $ 89,992
3070 Equipment Rental/Lease $ 89
3075 Other Rental $ 77
Total $ 96,777
Unit Fund/Department! Object Account
Name Unit Code Name Allocation
Youth In-School 35-633-2353 1002 Regular Employee Salaries $ 13,358
1004 Temporary Employee Wages $ 3,286
1120 Fica $ 1,273
1105 City Retirement $ 2,137
11161CMA Match $ 113
1125 Medical Insurance $ 853
1130 Life Insurance $ 130
1131 Disability Insurance $ 33
1126 Dental Insurance $ 50
8053 Marketing $ 400
8055 Supplies $ 304
8090 Telephone $ 438
8058 Leases $ 1,063
2144 Business Meals & Travel $ 480
2044 Training & Development $ 250
2046 Local Mileage $ 170
2060 Food $ 80
8057 Contract Services $ 163,040
3070 Equipment Rental/Lease $ 378
3075 Other Rental $ 230
Total $ 188,066
Unit Fund/Department! Object Account
Name Unit Code Name Allocation
Youth Out-School 35-633-2354 1002 Regular Employee Salaries $ 5,624
1004 Temporary Employee Wages $ 1,622
1120 Fica $ 554
1105 City Retirement $ 900
1116 ICMA Match $ 47
1125 Medical Insurance $ 359
1130 Life Insurance $ 55
1131 Disability Insurance $ 14
1126 Dental Insurance $ 21
8053 Marketing $ 135
8055 Supplies $ 128
8090 Telephone $ 185
8058 Leases $ 448
2144 Business Meals & Travel $ 300
2044 Training & Development $ 225
2046 Local Mileage $ 50
2060 Food $ 55
8057 Contract Services $ 69,593
3070 Equipment Rental/Lease $ 159
3075 Other Rental $ 125
Total $ 80,599
Total of all Units
455,253
Western Virginia Workforce Development Board 2008-2010 Budget Allocation
Unit FundlDepartmenl/ Object Account
Name Unit Code ~ ~
Admininstrative 35-633-2350 1002 Regular Employee Salaries $ 15,000
1004 Temporary Empioyee Wages $ 12.000
1120 Fica $ 2,065
1105 City Retirement $ 2.400
11161CMA Match $ 146
1125 Medical Insurance $ 965
1130 Life Insurance $ 147
1131 Disability Insurance $ 37
1126 Dental Insurance $ 57
2010 Fees For Professional Service $ 500
8053 Marketing $ 200
8055 Supplies $ 344
8090 Telephone $ 496
8058 Leases $ 1,203
8059 Equipment $ 500
2144 Business Meals & Travel $ 1.500
2044 Training & Development $ 237
2046 Local Mileage $ 300
2060 Food $ 420
8056 Insurance $ 910
8057 Contract Services $ 4,760
8060 Miscellaneous $ 50
3070 Equipment Rental/Lease $ 478
3075 Other Rental $ 175
2042 Dues & Memberships $ 635
Total $ 45,525
Unit FundlDepartmenl/ Object Account
Name Unit Code ~ ~
Adult 35-633-2351 1002 Regular Employee Salaries $ 1,673
1004 Temporary Employee Wages $ 576
1120 Fica $ 172
1105 City Retirement $ 268
1116 ICMA Match $ 15
1125 Medical Insurance $ 107
1130 Life Insurance $ 16
1131 Disability Insurance $ 4
1126 Dental Insurance $ 6
8053 Marketing $ 68
8055 Supplies $ 38
8090 Telephone $ 55
8058 Leases $ 133
2144 Business Meals & Travel $ 90
2044 Training & Development $ 47
2046 Local Mileage $ 20
2060 Food $ 17
8057 Contract Services $ 40,905
3070 Equipment Rental/Lease $ 47
3075 Other Rental $ 29
Total $ 44,286
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
September 16, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38224-091508 appropriating
funds from the Commonwealth of Virginia for the Southwest Virginia Regional
Employment Coalition 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, September 15, 2008, and is in
fu II force and effect upon its passage.
Sincerely,
rh. ~l>YV
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
Jane R. Conlin, Director, Human/Social Services
.\~
'"
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of September, 2008.
No. 38224-091508.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
for the Southwest Virginia Regional Employment Coalition 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 35-630-8860-2010
Revenues
SWV A Regional Employment Coalition FY09 35-630-8860-8860
$399,000
399,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~('1,~~
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 240II-I536
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
September 16, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38223-091508 authorizing acceptance of
an Employee Advancement for Temporary Assistance to Needy Families
Participants Grant from the Virginia Department. of Social Services for the
purpose of maintaining and improving existing services to eligible TANF
recipients; authorizing the City of Roanoke to serve as the primary fiscal agent
for the distribution of such funds to the provider agencies for services provided
to the local DSS agencies; and authorizing execution of any and all necessary
documents to comply with the terms and conditions of the grant.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, September 15, 2008.
iii. ~1frU
Stephanie M. Moon, CMC
City Clerk
SM M :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, Human/Social Services
()f)c
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of September, 2008.
No. 38223-091508.
A RESOLUTION authorizing the acceptance of an Employee Advancement for
Temporary Assistance to Needy Families (T ANF) Participants grant from the Virginia
Department of Social Services (VDSS) for the purpose of maintaining and improving
existing services to eligible TANF recipients; authorizing the City of Roanoke to serve as
the primary fiscal agent for the distribution of such funds to the provider agencies for
services provided to the local DSS agencies; and authorizing execution of any and all
necessary documents to comply with the terms and conditions of the grant.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The grant award under the Employee Advancement for T ANF Participants
grant from the Virginia Department of Social Services, for the purpose of maintaining and
improving existing services to eligible T ANF recipients for certain provider agencies which
will enable them to obtain employment or, where appropriate, an alternate disability
income, in the amount of$399,000.00, for a period commencing October 1, 2008, through
September 30, 2009, as set forth in the City Manager's letter to counsel dated September
15,2008, is hereby ACCEPTED.
2. The City of Roanoke shall be authorized to be the primary fiscal agent for
this grant and shall be responsible for distributing the grant proceeds to the provider
agencies for services provided to the local DSS agencies.
3. The City Manager is hereby authorized to execute any and all requisite
documents, pertaining to the City's acceptance of these funds and to furnish such additional ~
- - . _. .. -
information as may be required connection with the City's acceptance of these grant funds.
All documents shall be.approved as to form by the City Attorney.
ATTEST:
-H_ . 0 iL...:~ ~ i'YJ. h1 0 ~
l-i~~l~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
September 15, 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:
Southwest Virginia Regional
Employment Coalition
Background:
The City of Roanoke Department of Social Services, in collaboration with the
local departments of social services in Roanoke County, Franklin County, Craig
County and Botetourt County, along with Total Action Against Poverty, Blue
Ridge Behavioral Healthcare, and Goodwill Industries of the Valleys, have been
awarded additional funding for the Employment Advancement for TANF
Participants grant from the Virginia Department of Social Services (VDSS) in the
amount of $399,000. The agencies named have formed the Southwest Virginia
Regional Employment Coalition. The grant is to assist citizens of our localities
who are receiving Temporary Assistance to Needy Families (TANF) benefits to
obtain employment or, where appropriate, an alternative disability income. The
funds are available for use from October 1, 2008, through September 30, 2009.
The City of Roanoke is to be the primary fiscal agent for this grant, and is to be
responsible for distributing the grant proceeds to the provider agencies for
services provided to the local DSS agencies.
Considerations:
The above grant funding is required to maintain and improve existing services
to the TANF population and will enable them to obtain employment or, where
appropriate, an alternative disability income.
Honorable Mayor and Members of City Council
September 15, 2008 .
Pag e 2
Recommended Action:
Authorize the City Manager to execute all appropriate documents related to
acceptance of the additional funding. All documents shall be upon form
approved by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in
the amount of $399,000 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 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, Assistant City Manager for Community Development
Sherman M. Stovall, Director of Management and Budget
Jane R. Conlin, Director of Human Services
CM08-00 1 51
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
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
September 16, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38226-091508 appropriating
funds from the Federal Government for the Environmental Protection Agency
Brownfield Assessment Hazardous Substance 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, September 15, 2008, and is in
full force and effect upon its passage.
Sincerely,
~Yh. ~~
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Attachment
Ann H. Shawver
September 16, 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
Brian K. Brown, Economic Development Administrator
Thomas N. Carr, Director, Planning, Building and Development
Ian D. Shaw, Senior City Planner
C!
\
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day.of September, 2008.
No. 38226-091508.
AN ORDINANcE to appropriate funding from the Federal Government for
the Environmental Protection Agency Brownfield Assessment Hazardous Substance
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
Professional Services
Travel and Training
Program Supplies
Revenues
Brownfield Assessment-Hazardous Substance
35-615-8104-2010
35-615-8104-2044
35-615-8104-2066
35-615-81 04-81 04
$ 192,000
5,000 .
3,000
200,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST: .
~'rrJ. h1o~
CitYI"9~erk. "-
~
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
September 16, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38225-091508 authorizing the
acceptance of a U. S. Environmental Protection Agency Brownfield Assessment
Grant (hazardous substances) to fund environmental investigations of
brownfjeld properties within the City of Roanoke that are suspected of being
contaminated by hazardous substances; and authorizing the City Manager to
execute any required grant agreements, to execute any necessary additional
documents, to provide additional information, and to take any necessary
actions to receive, implement, and administer such Assessment Grant, 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, September 15, 2008.
Sincerely,
~m'h-L~
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Attachment
Darlene L. Burcham
September l6, 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, Management and Budget .
Brian K. Brown, Economic Development Administrator
Thomas N. Carr, Director, Planning, Building and Development
Ian D. Shaw, Senior City Planner
/
P,/I
IN THE COUNCIL OF THE CITY OF ROANOKE, VlRGINIA
The 15th day of September, 2008.
No. 38225-091508.
A RESOLUTION authorizing the acceptance of a U.S. Environmental Protection Agency
(EP A) Brownfield Assessment Grant (hazardous substances) to fund environmental investigations of
brownfield properties within the City of Roanoke that are suspected of being contaminated by
hazardous substances; and authorizing the City Manager to execute any required grant agreements, to
execute any necessary additional documents, to provide additional information, and to take any
necessary actions to receive, implement, and administer such Assessment Grant, upon certain terms
and conditions.
BE IT RESOLVED by the Council ofthe City of Roanoke as follows:
1. The City of Roanoke hereby accepts the EP A Brownfield Assessment Grant
(hazardous substances) from the EP A in the amount of$200,000 to provide funds for environmental
investigations of brownfield properties within the City of Roanoke that are suspected of being
contaminated by hazardous substances, all as more particularly set forth in the letter dated September
15, 2008, from the City Manager to this Council.
2. The City Manager is hereby authorized to execute a cooperative agreement between
the City and the EPA in substantially the same form as that attached to the City Manager's letter
mentioned above, which is to be approved as to form by the City Attorney.
3. The City Manager is further authorized to execute any necessary additional
documents, provide any additional information, and to take any necessary actions in order to obtain,
R-Brownfield assessment grant-200S.doc
1
accept, receive, implement, use, and administer such Assessment Grant, including establishing
guidelines for the use of such Grant funds.
R-Brownfield assessment grant-2008.doc
ATTEST:
~m.~
City Clerk.
2
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
September 15, 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:
EPA Brownfield Assessment
Grant (Hazardous Substances)
Acceptance
Background:
The U.S. Environmental Protection Agency (EPA) administers a Brownfield
Redevelopment Program that annually awards grants to states, tribal
authorities, and local governments. EPA has awarded the City of Roanoke a
grant in the amount of $200,000 to fund environmental investigations of
brownfield properties within the City of Roanoke that are suspected of being
contaminated by hazardous substances. No matching funds are required from
the City. Funds from the assessment grant will be used to perform
environmental assessments and redevelopment planning to support reuse of
properties in accordance with the City-Wide Brownfield Redevelopment Plan
adopted as a component of the City's comprehensive plan, Vision 2001 - 2020.
Considerations:
City Council action is needed to formally accept and appropriate this grant to
fund such uses as established in a cooperative agreement between the EPA and
the City, and to establish necessary guidelines for the use of the funds. A copy
of such agreement is attached to this letter.
Honorable Mayor and Members of City Council
September 15, 2008
Page 2
Recommended Action:
Accept the grant as described above and authorize the City Manager to execute
any required grant agreements, or related documents, such to be approved as
to form by the City Attorney. Further authorize the City Manager to execute
any necessary additional documents, provide any additional information, and to
take any necessary actions in order to obtain, accept, receive, implement, use,
and administer such grant, including establishing guidelines for the use of such
grant funds.
Adopt the accompanying budget ordinance to establish a revenue estimate in
the amount of $200,000 (EPA Hazardous Substance Grant) and to appropriate
funding of the same to accounts to be established by the Director of Finance in
the Grant Fund.
Respectfully submitted,
h~-P~
Darlene L. Bur't~~
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann Shawver, Director of Finance
Sherman M. Stovall, Director of Management and Budget
R. Brian Townsend, Assistant City Manager for Community Development
Brian K. Brown, Economic Development Administrator
Ian D. Shaw, Senior City Planner
CM08-00 1 55
BF - 97370501 - 0 Pace 1
ASSISTANCE ID NO.
",e.O SrJl~4' U.S. ENVIRONMENTAL PRG I DOCID IAMEND# DATE OF AWARD
. ft. BF - 97370501 - 0 08125/2008
\.~l PROTECTION AGENCY TYPE OF ACTION MAILING DATE
New 09/02/2008
l.pp,rJ'(7 Cooperative Agreement PAYMENT METHOD: ACH#
EFT 9891
RECIPIENT TYPE: Send Payment Request to:
Municipal N/A
RECIPIENT: PAYEE:
City of Roanoke City of Roanoke
215 Church Ave SW Noel C. Taylor Bldg-Rm 166 215 Church Ave SW -Noel C. Taylor Bldg-Rm 166
Roanoke, VA 24011 Roanoke, VA 24011
EIN: 54-6001569
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST
Ian D. Shaw Stephanie Branche Tanya Thomas
215 Church Ave SW Noel C. Taylor Bldg-Rm 166 1650 Arch Street, 3HS51 Grants and Audit Management Branch, 3PM70
Roanoke, VA 24011 Philadelphia, PA 19103-2029 E.Mail: Thomas.Tanya@epa.gov
E-Mail: lan.shaw@roanokeav.gov E-Mail: Branche.Stephanie@epa.gov Phone: 215-814-5408
Phone: 540-853-5808 Phone: 215-814-5556
PROJECT TITLE AND DESCRIPTION
BROWNFIELD ASSESSMENT
Funds for hazardous substances will be used to inventory, characterize, assess, and conduct planning and outreach at brownfield sites in the City of Roanoke,
Virginia.
BUDGET PERIOD I PROJECT PERIOD TOTAL BUDGET PERIOD COST I TOTAL PROJECT PERIOD COST
10/01/2008 - 09/30/2011 10/01/2008 - 09/30/2011 $200.000.00 $200,000.00
NOTICE OF AWARD
Based on your application dated 06/25/2008, including all modifications and amendments. the United States acting by and through the US Environmental
Protection Agency (EPA). hereby awards $200,000. EPA agrees to cost-share 100.00% of all approved budget period costs incurred, up to and not exceeding
total federal funding of $200,000. Such award may be terminated by EPA without further cause if the recipient fails to provide timely affirmation of the award
by signing under the Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after
receipt. or any extension of time, as may be granted by EPA. This agreement is SUbject to applicable EPA statutory provisions. The applicable regulatory
provisions are 40 CFR Chapter 1, Subchapter B, and all terms and conditions of this agreement and any attachments.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION I ADDRESS . ORGANIZATION I ADDRESS
US EPA Region 3, 3PM70 U.S. EPA. Region 3
1650 Arch Street Hazardous Site Cleanup Division 3HSOO
Philadelphia. PA 19103-2029 1650 Arch Street
Philadelphia, P A 191'03-2029
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
SIGNATURE OF AWARD OFFICIAL I TYPED NAME AND TITLE I DATE
Digital signature applied by EPA Award Official James W. Newsom, ARA for Policy and Management 08/25/2008
AFFIRMATION OF AWARD I
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
SIGNATURE I TYPED NAME AND TITLE I DATE
EPA Funding Information
SF - 97370501 - 0 Page 2
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ $ 200,000 $ 200,000
EPA In-Kind Amount $ $ $ 0
Unexpended Prior Year Balance $ $ $0
Other Federal Funds $ $ $0
Recipient Contribution $ $ $0
State Contribution $ $ $0
Local Contribution $ $ $0
Other Contribution $ $ $0
Allowable Project Cost $0 $ 200.000 $ 200,000
Assistance Program (CFDA) Statutory Authority Regulatory Authority
66.818 - Brownfields Assessment and Cleanup CERCLA: Sec. 101(39) 40 CFR PART 31
Cooperative Agreements CERCLA: Sec. 104(k)(2)
Fiscal
Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation /
Code Organization Class Organization Deobligation
- 0803BF0017 OE E~ 0300AG 402D79E 411' G300NYOC 20Q,00C
200,00C
SF - 97370501- 0 Page 3
Budget Summary Page
Table A. Object Class Category Total Approved Allowable
(Non-construction) Budget Period Cost
1. Personnel $0
2. Fringe Benefits $0
3. Travel $5,000
4. Equipment $0
5. Supplies $3,000
6. Contractual $192,000
7. Construction $0
8. Other $0
9. Total Direct Charges $200,000
10. Indirect Costs: % Base $0
11. Total (Share: Recipient 0.00 % Federal 100.00 %.) $200,000
12. Total Approved Assistance Amount $200,000
13. Program Income $0
14. Total EPAAmount Awarded This Action $200,000
15. Total EPAAmountAwarded To Date $200,000
SF - 97370501 - 0 Page 4
Administrative Conditions
1. The recipient agrees to maintain a financial management system in accordance with 40 CFR 30.21 or
31.20, as applicable, that will allow the recording and reporting of casts on a site-specific basis, by action
code and tracking code. An individual site identifier must be developed by EPA for each action code and
tracking code far which yau will incur casts on each site. Prior ta submitting the initial request far payment
from EPA for each action and tracking cade far a site, you must first notify the EPA Project Officer, via
email or mail and provide the following information:
a. Site name
b. Site address
c. Action Code (See Attachment A, Brownfields Actian Cades)
d. Tracking Cade (See Attachment B, Brownfields Tracking Cades)
2. The recipient agrees to the following conditions in accepting this assistance agreement:
a. Cash drawdown will be made only as actually needed for its disbursement;
b. Timely reporting .of cash disbursements and balances will be provided, as required. Federal Cash
Transactions Reports (SF-272) must be submitted annually. The report for the priar calendar year is due
January 15. The SF-272s should be mailed to U.S. EPA - Las Vegas Finance Center, P.O. Bax 98515,
Las Vegas, NV 89193-8515 or faxed to 702-798-2423, and
c. The recipient will impose the same standards of timing and reporting on secondary recipients, if any.
d. Identify requests for payment under the site identifier established under Condition 1 of this
agreement.
Failure on the part of the recipient to comply with the above canditians may cause the undisbursed
portions of the assistance agreement to be revoked and financing methad changed to a reimbursable
basis.
3. Pursuant ta 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all
space far conferences, meetings, canventions, or training seminars funded in whale .or in part with federal
funds complies with the protection and control guidelines of the Hatel and Motel Fire Safety Act (PL
101-391, as amended). Recipients may search the Hotel-Motel Natianal Master List at
http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in campliance (FEMA ID is currently not
required), or to find other information about the Act.
4. Any State agency or agency of a political subdivision of a State which is using appropriated Federal
funds shall comply with the requirements set farth in Section 6002 of the Resource Conservatian and
Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA Section 6002 apply to any
acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items
acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires
that preference be given in procurement programs to the purchase of specific products containing
recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247.
5. The recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR part 1532, entitled
"Responsibilities of Participants Regarding Transacti.ons (Doing Business with Other Persons)." The
recipient is responsible for ensuring that any lower tier covered transactian, as described in Subpart B .of 2
CFR Part 180 and 2 CFR Part 1532, entitled "Covered Transactions,. includes a term or condition
requiring campliance with Subpart C. The recipient is responsible for further requiring the inclusian of a
similar term .or candition in any subsequent lower tier covered transactions. The recipient acknowledges
that failing to disclase the informatian as required at 2 CFR 180.335 may result in the delay or negatian of
this assistance agreement, or pursuance of legal remedies, including suspension and debarment.
The recipient may access the Excluded Parties List System at htto://eols.arnet.oov. This term and
condition supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other
Responsibility Matters."
6. The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. The recipient
shall include the language of this provision in award documents for all subawards exceeding $100,000,
and require that subrecipients submit certification and disclosure forms accordingly.
In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure
under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure.
7. The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this
assistance agreement are used to engage in lobbying of the Federal Government or in litigation against
the United States unless authorized under existing law. The recipient shall abide. by its respective OMS
Circular (A-21 , A-87, or A-122), which prohibits the use of federal grant funds for litigation against the
United States or for lobbying or other political activities.
. 8. In accordance with the policies set forth in EPA Order 1000.25 and Executive Order 13423,
Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), the
recipient agrees to use recycled paper and double sided printing for all reports which are prepared as a
part of this agreement and delivered to EPA. Th'is requirement does not apply to reports prepared on
forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available
through the General Services Administration.
9. In accordance with OMS Circular A-133, which implements the Single Audit Act, the recipient hereby
agrees to obtain a single audit from an independent auditor if it expends $500,000 or more in total Federal
funds in any fiscal year. Within nine months after the end of a recipient's fiscal year or 30 days after
receiving the report from the auditor, the recipient shall submit a copy of the report to:
Federal Audit Clearinghouse
1201 East 10th Street
Jeffersonville, IN 47132
10. The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort
to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 40 CFR 36.200-
36.230. Additionally, in accordance with these regulations, the recipient organization must identify all
known workplaces under its federal awards, and keep this information on file during the performance of
the award.
Those recipients who are individuals must comply with the drug~free provisions set forth in Title 40 CFR
36.300.
The consequences for violating this condition are detailed under Title 40 CFR 36.510. Recipients can
access the Code of Federal Regulations (CFR) Title 40 Part 36 at
htto:t/www.access.ODo.oov/nara/cfrfwaisidx06/40cfr3606.html.
11. The recipient agrees to:
a. Establish all subaward agreements in writing;
b. Maintain primary responsibility for ensuring successful completion of the EPA-approved project (this
responsibility cannot be delegated or transferred to a subrecipient);
c. Ensure that any subawards comply with the standards in Section 21 O(a)-(d) of OMB Circular A-133 and
are not used to acquire commercial goods or services for the recipient;
d. Ensure that any subawards are awarded to eligible subrecipients and that proposed subaward costs
are necessary, reasonable, and allocable;
e. Ensure that any subawards to 501(c)(4) organizations do not involve lobbying activities;
f. Monitor the performance of their recipients and ensure that they comply with all applicable regulations,
statutes, and terms and conditions which flow down in the subaward;
g. Obtain EPA's consent before making a subaward to a foreign or international organization, or a
subaward to be performed in a foreign country; and
h. Obtain approval from EPA for any new subaward work that is not outlined in the approved work plan in
with 40 CFR Parts 30.25 and 31.30, as applicable.
Any questions about subrecipient eligibility or other issues pertaining to subawards should be addressed .
to the recipients' EPA Project Officer. Additional information regarding subawards may be found at
http://www.epa.qov/oQd/Quide/subaward-policv-part-2.pdf.
Guidance for distinguishing between vendor and subrecipient relation.ships and ensuring compliance with
Section 21 O(a)-(d) of OMB Circular A-133 can be found at
http://www .epa .QOV 10Qd/Quide/subawards-append ix-b. pdf and
http://www.whitehouse.Qov/omb/circulars/a133/a133.html.
The recipient is responsible for selecting its subrecipients and, if applicable, for conducting subaward
com petitions. \
12. The recipient agrees that management fees or similar charges in excess of the direct costs and
approved indirect rates are not allowable. The term "management fees or similar charges" refers to
expenses added to the direct costs in order to accumulate and reserve funds for ongoing business
expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance
agreement. Management fees or similar charges may not be used to improve or expand the project
funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of
work.
i 3. EPA's financial obligations to the recipient are limited by the amount of federal funding awarded to
date as shown on line 15 in its EPA approved budget. If the recipient incurs costs in anticipation of
receiving additional funds from EPA, it does so at its own risk.
14. To implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as
amended, the following provisions apply to this award:
a. We, as the Federal awarding agency may unilaterally terminate this award, without penalty, if a
subrecipient that is a private entity: (1) is determined to have violated an applicable prohibition in the
Prohibition Statement below; or (2) has an ~mployee who is determined by the agency official authorized
to terminate the award to have violated an applicable prohibition in the Prohibition Statement below
through conduct that is either: (a) associated with performance under this award; or (b) imputed to the
subrecipient using the standards and due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 1532.
You must inform us immediately of any information you receive from any source alleging a violation of a
prohibition in the Prohibition Statement below.
b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements
section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA). as amended (22 U.S.C. 7104(g)),
and (2) is in addition to all other remedies for noncompliance that are available to us under this award.
c. You must include the requirements of the Prohibition Statement below in any subaward you make to a
private entity.
Prohibition Statement - You as the recipient, your employees, subrecipients under this award, and
subrecipients' employees may not engage in severe forms of trafficking in persons during the period of
time that the award is in effect; procure a commercial sex act during the period of time that the award is in
effect; or use forced labor in the performance of the award or subawards under the award.
15. Pursuant to 40 CFR 31.41(b) and 31.50(b), the recipient agrees to submit to EPA an interim and/or
final Financial Status Report (FSR) (SF-269 or 269A) as follows:
a. Annual interim FSRs are due within 90 days after the reporting period end date. The reporting period
end date is based on the budget period start date of the assistance agreement Interim FSRs should be
mailed to Ms. Kathleen M. Blinebury, Grants Management Officer, Grants and Audit Management
Branch (3PM70), U.S.EPA - Region III, 1650 Arch Street, Philadelphia, PA 19103-2029.
b. Final FSRs are due within 90 calendar days after termination or completion of the assistance
agreement. Final FSRs should be mailed to U.S. EPA - Las Vegas Finance Center (LVFC), P.O. Box
98515, Las Vegas, NV 89193-8515 or faxed to 702-798-2423.
For activities, a breakdown must be attached to the FSR that shows total costs charged to each
site identifer.
A FSR Preparation Package, which includes forms and instructions to aid in the preparation of the FSR, is
available on the Region III website:
http://wvvw.epa.gov/region3/fsrlindex.htm
The LVFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a final
. Financial Status Report. Recipients will be notified and instructed by EPA if they must complete any
additional forms for the closeout of the assistance agreement
EPA may take enforcement actions in accordance with 40 CFR 31.43, if the recipient does not comply
with this term and condition.
16. Payment to consultants. EPA participation in the salary rate (excluding overhead) paid to in'dividual
consultants retained by recipients or by a recipient's contractors or subcontractors shall be limited to the
maximum daily rate for a Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually.
This limit applies to consultation services of designated individuals with s'pecialized skills who are paid at a
daily or hourly rate. As of January 1, 2008, the limit is $571.12 per day and $71.39 per hour. This rate
does not include transportation and subsistence costs for travel performed (the recipient will pay these in
accordance with their normal travel reimbursement practices).
Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR
30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provided the
recipient with responsibility for the selection, direction, and control of the individuals who will be providing
services under the contract at an hourly or daily rate of compensation. See 40 CFR 31.36(j) or 30.27(b).
17. GENERAL COMPLIANCE, 40 CFR, Part 33
The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small,
Minority and Women's Business Enterprises (MBE/WBE) in procurement under assistance
agreements, contained in 40 CFR, Part 33. .
FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart 0
"
A recipient must negotiate with the appropriate EPA award official, or his/her designee, fair share
objectives for MBE and WBE participation in procurement under the financial assistance
agreements.
Current Fair Share Objective/Goal
This assistance agreement is a Technical Assistance Grant (TAG); or the award amount is
$250,000 or less; or the total dollar amount of all of the recipient's financial assistance
agreements from EPA in the current Federal fiscal year $250,000 or less. Therefore, the recipient
of this assistance agreement is exempt from the fair share objective requirements of 40 CFR, Part
33, Subpart D, and is not required to negotiate a fair share objective/goal for the utilization of
MBE/WBEsin its procurements.
SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C
Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts
whenever procuring construction, equipment, services and supplies under an EPA financial
assistance agreement, and to ensure that sub-recipients, loan recipients, and prime contractors also
comply. Records documenting compliance with the six good faith efforts shall be retained:
(a) Ensure Disadvantage Business Enterprises (DBEs) are made aware of contracting
opportunities to the fullest extent practicable through outreach and recruitment activities. . For
Indian Tribal, State and Local Government recipients, this will include placing DBEs on solicitation
lists and soliciting them whenever they are potential sources.
(b) Make information on forthcoming opportunities available to DBEs and arrange time frames for
contracts and establish delivery schedules, where the requirements permit, in a way that
encourages and facilitates participation by DBEs in the competitive process. This includes,
whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days
before the bid or proposal closing date.
(c) Consider in the contracting process whether firms competing for large contracts could
subcontract with DBEs. For Indian Tribal, State and Local Government recipients, this will include
dividing total requirements when economically feasible into smaller tasks or quantities to permit
maximum participation by DBEs in the competitive process.
(d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these
firms to handle individually.
(e) Use the services and assistance of the Small Business Administration and the Minority
Business Development Agency of the Department of Commerce in finding DBEs.
. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in
paragraphs (a) through (e) of this section.
MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503
The recipient agrees to complete and submit EPA Form 5700-52A, "MBE/WBE Utilization Under
Federal Grants, Cooperative Agreements and Interagency Agreements" beginning with the
Federal fiscal year reporting period the recipient receives the award. and continuing until the
project is completed. Only procurements with certified MBE/WBEs are counted toward a
recipient's MBE/WBE accomplishments. The reports must be submitted semiannually for the
periods ending March 31" and September 30th for:
Recipients of financial assistance agreements that capitalize revolving loan programs
(CWSRF, DWSRF, Brownfields); and
All other recipients not identified as annual reporters (40 CFR Part 30 and 40 CFR Part 35,
Subpart A and Subpart B recipients are annual reporters).
"
The reports are due within 30 days of the end of the semiannual reporting periods (April 30
th th .
and October 30 ). Reports should be sent to Romona McQueen, Small Business
Program Manager (3PMOO), U.S. EPA - Region III, 1650 Arch Street, Philadelphia, PA
19103-2029. Final MBE/WBE reports must be submitted within 90 days after the project
period of the grant ends. Your grant cannot be officially closed without all MBE/WBE
reports.
EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home
Page on the Internet at www.epa.qov/osbp .
CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302
The recipient agrees to comply with the contract administration provisions of 40 CFR, Section
33.302.
BIDDERS LIST, 40 CFR, Section 33.501(b) and (c)
Recipients and sub recipients of a Continuing Environmental Program Grant or other annual
reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial
assistance agreement to capitalize a revolving loan fund also agree to require entities receiving
identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or
chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and
(c) for specific requirements and exemptions.
PrOQrammatic Conditions
I. GENERAL FEDERAL REQUIREMENTS
Note: For the purposes of these Terms and Conditions the term "assessment" includes, eligible
activities under the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) 9104(k)(2)(A)(i) such as activities involving the inventory, characterization, assessment,
and planning relating to brownfield sites as described in the EPA approved work plan.
A. Federal Policy and Guidance .
1.a. Cooperative Aqreement Recipients: In implementing this agreement, the cooperative agreement
recipient (CAR) shall insure that work done with cooperative agreement funds complies with the
requirements of the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) 91 04(k). The CAR shall also ensure that assessment activities supported with cooperative
agreement funding comply with all applicable Federal and State laws and regulations.
b. CERCLA ~1 04(g) requires that CARs comply with the prevailing wage rate requirements under the
Davis-Bacon Act of 1931 for construction, repair or alteration contracts "funded in whole or in part"
with funds provided under this agreement. If the CAR uses funds awarded under this agreement to
contract for construction, repair or alteration work, it must obtain recent and applicable wage rates
from the U.S. Department of Labor and incorporate them into the construction, alteration or repair
contract.
c. The CAR agrees to comply with Executive Order 13202 (Feb. 22, 2001, 66 Fed. Reg. 11225 ) of
February 17,2001, entitled "Preservation of Open Competition and Government Neutrality Towards
Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects,"
as amended by Executive Order 13208 (April 11, 2001, 66 Fed. Reg. 18717) of April 6, 2001, entitled
"Amendment to Executive Order 13202, Preservation of Open Competition and Government Neutrality
Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction
Projects.
d. The CAR must comply with Federal cross-cutting requirements. These requirements include but
are not limited to, MBEIWBE requirements found at 40 CFR ~31.36(e) or 40 CFR ~30.44(b); OSHA
Worker Health & Safety Standard 29 CFR ~1910.120; the Uniform Relocation Act; National Historic
Preservation Act: Endangered Species Act; and Permits required by Section 404 of the Clean Water
Act; Executive Order 11246, Equal Employment Opportunity, and implementing regulations at 41 CFR
~60-4; Contract Work Hours and Safety Standards Act, as amended (40 USC 327-333) the Anti
Kickback Act (40 USC 276c) and Section 504 of the Rehabilitation Act of 1973 as implemented by
Executive Orders 11914 and 11250.
B. Eligible Brownfields Site Determinations
1.a. The CAR must provide information to EPA about site-specific work prior to incurring any costs
under this cooperative agreement for sites that have not already been pre-approved in the CAR's work
plan by the EPA. The information that must be provided includes whether or not the site meets the
definition of a brownfield site as defined in ~1 01 (39) of CERCLA, the identity of the owner, and the
date of acquisition.
b. If the site is excluded from the general definition of a brownfield, but is eligible for a property-
specific funding determination, then the CAR must provide information sufficient for EPA to make a
property-specific funding determination. The CAR must provide sufficient information on how financial'
assistance will protect human health and the environment, and either promote economic development
or enable the creation of, preservation of, or addition to parks, greenways, undeveloped property,
other recreational property. or other property used for nonprofit purposes. The CAR must not incur
costs for assessing sites requiring a property-specific funding determination by EPA until the EPA
Project Officer has advised the CAR that the Agency has determined that the property is eligible.
2.a.' For any petroleum contaminated brownfield site that is not included in the CAR's EPA approved
work plan, the CAR shall provide sufficient documentation to the EPA prior to incurring costs under
this cooperative agreement which includes (see the latest version of EPA's Proposal Guidelines for
Brownfields Assessment, Revolving Loan Fund and Cleanup Grants for discussion of this element):
(1) that a State has determined that the petroleum site is of relatively low risk, as compared to other
petroleum-only sites in the State,
(2) that the State determines there is "no viable responsible party" for the site;
(3) that the State determines that the person assessing or investigating the site is a person who is not
potentially liable for cleaning up the site; and
(4) that the site is not subject to any order issued under section 9003(h) of the Solid Waste Disposal
Act.
This documentation must be prepared by the CAR or the State following contact and discussion with
the appropriate petroleum program official.
b. Documentation must include the identity of the State program official contacted. the State official's
telephone number, the date of the contact, and a summary of the discussion relating to the state's
determination that the site is of relatively low risk, that there is no viable responsible party and that the
person assessing or investigating the site is a person who is not potentially liable for cleaning up the
site. Other documentation provided by a State to the CAR relevant to any of the determinations by the
State must also be provided to the EPA Project Officer.
c. If the State chooses not to make the determinations described in section 2.a. above, the CAR must
contact the EPA Project Officer and provide the information necessary for EPA to make the requisite
determ inations.
d. EPA must also make all determinations on the eligibility of petroleum contaminated brownfield sites
located on Indian tribal lands. Prior to incurring costs for these sites, the CAR must contact the EPA
Project Officer and provide the information necessary for EPA to make the determinations described
in section 2.a. above.
I~~
II. GENERAL COOPERATIVE AGREEMENT ADMINISTRATIVE REQUIREMENTS
A Term of the Agreement
1. The term of this agreement is three years from the start of the budget and project period, unless
otherwise extended by EPA at the CAR's request.
2. If after 1112 years from the date of award, EPA determines that the CAR has not made sufficient
progress in implementing its cooperative agreement, the Agency may terminate this agreement.
3. Assessment funding for any eligible brownfield site may not exceed $200,000 unless a waiver has
been granted by EPA and then funding is not to exceed $350,000 at the site subject to the waiver.
B. Substantial Involvement
1. The U.S. EPA may be substantially involved in overseeing and monitoring this cooperative
agreement.
a. Substantial involvement by the U.S. EPA generally includes administrative activities such as:
monitoring; review of project phases; and approval of substantive terms included in professional
services contracts.
b. Substantial EPA involvement also includes brownfields property-specific funding determinations
described in I.B. under Eligible Brownfields Site Determinations above. If the CAR awards a subgrant
for site assessment, the CAR must obtain technical assistance from EPA on which sites qualify as a
brownfield site and determining whether the statutory prohibition found in ~104(k)(4)(B)(i)(IV) of
CERCLA applies. This prohibition precludes the subgrantee from using EPA funds to assess a site for
which the subgrantee is potentially liable under ~1 07 of CERCLA.
c. Substantial EPA involvement may include reviewing financial and environmental status reports;
and monitoring all reporting, record-keeping, and other program requirements.
d. EPA may waive any of the provisions in term and condition section II.B.1., with the exception of
property-specific funding determinations. EPA will provide waivers in writing.
2. Effect of EPA's substantial involvement includes:
a. EPA's review of any project phase, document, or cost incurred under this cooperative agreement,
will not have any effect upon CERCLA ~128 Eligible Response Site determinations or for rights,
authorities, and actions under CERCLA or any Federal statute.
b. The CAR remains responsible for ensuring that all assessments are protective of human health
and the environment and comply with all applicable Federal and State laws.
c. The CAR and its sUbgr,imtees remain responsible for incurring costs that are allowable under the
applicable OMB Circulars.
C. Cooperative Agreement Recipient Roles and Responsibilities
1. The CAR must acquire the services of a qualified environmental professional(s) to coordinate,
direct, and oversee the brownfields assessment activities at a particular site, if they do not have such
a professional on staff.
2. The CAR is responsible for ensuring that contractors and subgrant recipients comply with the
terms of their agreements with the CAR, and that agreements between the CAR and subgrant
recipients and contractors are consistent with the terms and conditions of this agreement.
3. Subgrants are defined at 40 CFR ~31.3. The CAR may not subgrant to for-profit organizations.
The CAR must obtain commercial services and products necessary to carry out this agreement under
competitive procurement procedures as described in 40 CFR ~31.36. In addition, EPA policy
encourages awarding subgrants competitively and the CAR must consider awarding subgrants
through competition.
4. The CAR is responsible for assuring that EPA's Brownfields Assessment Grant funding received
under this grant. or in combination with any other previously awarded Brownfields Assessment grant
does not exceed the $200,000 assessment grant funding limitation for an individual brownfield site.
Waiver of this funding limit for a brownfields site must be approved by EPA prior to the expenditure of
funding exceeding $200,000. In no case may EPA funding exceed $350,000 on a site receiving a
waiver.
(Note: CARs expending funding from a community-wide assessment grant on a particular site must
include such funding amount in any total funding expended on the site.)
D. Quarterly Progress Reports
1. The CAR must submit progress reports on a quarterly basis (30 days after the end of each Federal
fiscal quarter) to the EPA Project Officer. The progress reports must document incremental progress
at achieving the project goals and milestones. Quarterly progress reports must include:
a. Documentation of progress at meeting performance outcomes/outputs, project narrative, project
time line and an explanation for any slippage in meeting established outpuUoutcomes.
b. An update on project milestones.
c. A budget recap summary page with the following headings: Current Approved Budget; Costs
Incurred this Quarter; Costs Incurred to Date; and Total Remaining Funds.
d. If applicable, quarterly reports must specify costs incurred at petroleum contaminated brownfields
sites.
e. CAR quarterly reports must clearly identify which activities performed during the reporting period
were undertaken with EPA funds, and must relate EPA-funded activities to the objectives arid
milestones agreed upon in the work plan including a list of sites where assessment activities were
completed.
2. The CAR must maintain records that will enable it to report to EPA on the amount of funds
expended on specific sites under this grant.
3. The CAR must maintain records that will enable it to report to EPA on the amount of funds
expended by the CAR at petroleum sites identified in the EPA approved work plan.
4. The CAR must complete and submit relevant portions of the Property Profile Form reporting the
commencement of a Phase I assessment, the expenditure of $1,000 or more of grant funds at a
property or the completion of a property assessment. The CAR must submit the updated Property
Profile Form reflecting such events within 30 days after the end of the Federal fiscal quarter in which
the event occurred. The CAR may be provided access to an on-line reporting system by the EPA.
Project Officer to perform their reporting requirements. Alternately, the CAR may complete a hard
copy version of the Property Profile Form available from their EPA Project Officer or on-line at:
httD:/ /.WWW.eDa.qov/brownfields/Dubs/rDtforms.htm
5. In accordance with 40 CFR ~31.40(d), the CAR agrees to inform EPA as soon as problems, delays
or adverse conditions become known which will materially impair the ability to meet the
outputs/outcomes specified in the assistance agreement work plan.
6. In accordance with 40 CFR ~31.40. the recipient agrees to submit performance reports that include
brief information on each of the following areas; 1) a comparison of actual accomplishments to the
outputs/outcomes established in the assistance agreement work plan for the period; 2) the reasons for
slippage if established outputs/outcomes were not met; and 3) additional pertinent information,
including, when appropriate, analysis and information of cost overruns or high unit costs. .
7. The recipient agrees to submit quarterly performance reports to the EPA Project Officer. The
reports are due 30 days after the reporting period. Final performance reports are due 90 days after
the end of the budget period.
III. FINANCIAL ADMINISTRATION REQUIREMENTS
A. Eligible Uses of the Funds for the Cooperative Agreement Recipient
1. To the extent allowable under the work plan, cooperative agreement funds may be used for eligible
programmatic expenses to inventory, characterize. assess, and conduct planning and outreach.
Eligible programmatic expenses include activities described in Section IV of these Terms and
Conditions; In addition, such eligible programmatic expenses may include:
. a. Determining whether assessment activities at a particular site are authorized by CERCLA ~1 04(k);
b. Ensuring that an assessment complies with applicable requirements under Federal and State laws,
as required by CERCLA ~1 04(k);
c. Using a portion of the grant to purchase environmental insurance for the characterization or
assessment of the site. Funds may not be used to purchase insurance intended to provide coverage
for any of the Ineligible Uses under Section B.
d. Any other eligible programmatic costs including direct costs incurred by the CAR in reporting to
EPA; procuring and managing contracts; awarding and managing subgrants to the extent allowable
under section III.B.2.; and carrying out community involvement pertaining to the assessment activities.
2. Local Governments only. No more than 10% of the funds awarded by this agreement may be
used for brownfield program development and implementation (including monitoring of health and
institutional controls) as described in the EPA approved work plan. The CAR must maintain records
on funds that will be used to carry out EPA approved work plan to ensure that no more than 10% of
its funds are used for brownfield program development and implementation (including monitoring of
health and institutional controls).
B. Ineligible Uses of the Funds for the Cooperative Agreement Recipient
1. Cooperative agreement funds shall not be used by the CAR for any of the following activities:
a. Cleanup activities;
b. Development activities that are not brownfields assessment activities (e.g., construction of a new
facility);
c. Job training unrelated to performing a specific assessment at a site covered by the grant;
d. To pay for a penalty or fine;
e. To pay a federal cost share requirement (for example, a cost-share required by another Federal
grant) unless there is specific statutory authority;
f. To pay for a response cost at a brownfields site for which the CAR of the grant or subgrant is
potentially liable under CERCLA ~1 07;
g. To pay a cost of compliance with any federal law, excluding the cost of compliance with laws
applicable to the assessment; and
h. Unallowable costs (e.g., lobbying and fund raising) under applicable OMB Circulars.
2. Under CERCLA ~104(k)(4)(B), administrative costs are prohibited costs under this agreement.
Prohibited administrative costs include all indirect costs under applicable OMB Circulars.
a. Ineligible administrative costs include costs incurred in the form of salaries, benefits, contractual
costs, supplies, and data processing charges, incurred to comply with most provisions of the Uniform
Administrative Requirements for Grants contained in 40 CFR Part 31. Direct costs for grant
administration, with the exception of costs specifically identified as eligible programmatic costs, are
ineligible even if the grant CAR is required to carry out the activity under the grant agreement.
b. Ineligible grant administration costs include direct costs for:
(1) Preparation of applications for Brownfields grants;
(2) Record retention required under 40 CFR ~31.42;
(3) Record-keeping associated with supplies and equipment purchases required under 40 CFR ~
31.32 and 31.33;
(4) Preparing revisions and changes in the budgets, scopes of work, program plans and other
~
activities required under 40 CFR 931.30;
(5) Maintaining and operating financial management systems required under 40 CFR Part 31;
(6) Preparing payment requests and handling payments under 40 CFR 931.21 ;
(7) Non-federal audits required under 40 CFR s31.26 and OMB Circular A-133; and
(8) Close out under 40 CFR s31.50.
3. Cooperative agreement funds may not be used for any of the following properties:
a. Facilities listed, or proposed for listing, on the National Priorities List (NPL);
b. Facilities subject to unilateral administrative orders, court orders, administrative orders on consent
or judicial consent decree issued to or entered by parties under CERCLA;
c. Facilities that are subject to the jurisdiction, custody or control of the United States government
except for land held in trust by the United States government for an Indian tribe; or .
d. A site excluded from the definition of a brownfields site for which EPA has not made a property-
specific funding determination.
C. Interest -Bearing Accounts and Program Income
1. In accordance with 40 CFR s31.25(g)(2), the CAR is authorized to add program income to the
funds awarded by the EPA and use the program income under the same terms and conditions of this
agreement. Program income for the assessment CARshall be defined as the gross income received
by the CAR, directly generated by the cooperative agreement award or earned during the period of the
award. Program income includes, but, is not limited to, fees charged for conducting assessment, site
characterizations, clean up planning or other activities when the costs for the activity is charged to this
agreement.
2. The CAR must deposit advances of grant funds and program income (e.g., fees) in an interest
bearing account.
a. Interest earned on advances, CARs are subject to the provisions of 40 CFR S31.21 (i) to remitting
interest on advances to EPA on a quarterly basis.
b. Interest earned on program income is considered additional program income.
IV. ASSESSMENT ENVIRONMENTAL REQUIREMENTS
A. Authorized Assessment Activities
1. Prior to conducting or engaging in anyon-site activity with the potential to impact historic properties
(such as invasive sampling), the CAR shall consult with EPA regarding potential applicability of the
National Historic Preservation Act and, if applicable, shall assist EPA in complying with any
requirements of the Act and implementing regulations.
B. Quality Assurance (QA) Requirements
1. When environmental samples are collected as part of the brownfields assessment, the CAR shall
comply with 40 CFR 931.45 requirements to develop and implement quality assurance practices
sufficient to produce data adequate to meet project objectives and to minimize data loss. State law
may impose additional QA requirements.
2. If the EPA Project Officer authorizes the initiation of a Phase \I assessment, the CAR must prepare
a combined Quality Management Plan/Quality Assurance Project Plan (QMP/QAPP). This combined
QMP/QAPP must be prepared in accordance with the EPA Region III Generic Quality Assurance
Project Plan (QAPP) Template (dated March 2001). At least 30 days before the initiation of the Phase
II assessment, the CAR must submit the generic QAPP to the EPA Project Officer. The EPA Project
Officer must approve the CAR's generic QAPP before the Phase II assessment begins.
3. In addition, at least 30 days before the initiation of any site sampling and analysis investigations,
the CAR must submit a site-specific Sampling and Analysis Plan (SAP). This site-specific SAP must
r:'
meet the requirements found in the EPA Region III site-specific SAP Template (dated July 1999). The
EPA Project Officer must approve the CAR's SAP before sampling and analysis begins.
C. Completion of Assessment Activities
1. The CAR shall properly document the completion of all activities described in the EPA approved
work plan. This must be done through a final report or letter from a qualified environmental
professional, or other documentation provided by a State or Tribe that shows assessments are
complete.
2. Upon completion of the Phase II assessment, the CAR must submit a copy of the Phase II Report
to the EPA Project Officer for review.
D. All Appropriate Inquiry
1. As required by CERCLA s104(k)(2)(B)(ii) and CERCLA s101 (35)(B), the CAR shall ensure that a "
Phase I" site characterization and assessment carried out under this agreement will be performed in
accordance with EPA's standard for all appropriate inquiries. The CAR shall utilize the practices in
ASTM standard E1527-05 "Standard Practices for Environmental Site Assessment: Phase I
Environmental Site Assessment Process," or EPA's All Appropriate Inquiries Final Rule. This does not
preclude the use of grant funds for additional site characterization and assessment activities that may
be necessary to characterize the environmental impacts at the site or to comply with applicable State
standards.
V. Conflict of Interest: Appearance of lack of Impartiality
A. Conflict of Interest
1. The CAR shall establish and enforce conflict of interest provisions that prevent the award of
subgrants that create real or apparent personal conflicts of interest, or the CAR's appearance of lack
of impartiality. Such situations include, but are not limited to, situations in which an employee, official,
consultant, contractor, or other individual associated with the CAR (affected party) approves or
administers a grant or subgrant to asubgrant recipient in which the affected party has a financial or
other interest. Such a conflict of interest or appearance of lack of impartiality may arise when:
(i) The affected party,
(ii) Any member of his immediate family,
(iii) His or her partner, or
(iv) An organization which employs, or is about to em ploy, any of the above,
has a financial or other interest in the subgrant recipient.
Affected employees will neither solicit nor accept gratuities, favors, or anything of monetary value from
subgrant recipients. CARs may set minimum rules where the financial interest is not substantial or the
gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or
regulations, such standards of conduct will provide for penalties, sanctions, or other disciplinary
actions for violations of such standards by affected parties.
VI. PAYMENT AND CLOSEOUT
A Payment Schedule
1. The CAR may request payment froinEPA pursuant to 40 CFR s31.21 (c).
B. Schedule for Closeout
1. Closeout will be conducted in accordance with 40 CFR s31.50.
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
September 16, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38228-091508 appropnatrng
funds from the Federal Government and City's Economic and Community
Development Reserve for the Environmental Protection Agency Brownfield
Assessment Hazardous Substance Grant (South Jefferson Redevelopment Area),
and amending and reordaining certain sections of the 2008-2009 Capital
Projects and Grant Funds Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, September 15, 2008, and is in
full force and effect upon its passage.
Sincerely,
" m IJtJ
. "u r (, VY\"I
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Attachment
Ann H. Shawver
September 16, 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
Brian K. Brown, Economic Development Administrator
Thomas N. Carr, Director, Planning, Building and Development
Ian D. Shaw, Senior City Planner
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of September, 2008.
No. 38228-091508.
AN ORDINANCE to appropriate funding from the Federal Government and
the City's Economic and Community Development Reserve for the Environmental
Protection Agency Brownfield Assessment Hazardous Substance Grant (South
Jefferson Redevelopment Area), amending and reordaining certain sections of the
2008-2009 Capital Projects and Grant Funds Appropriations, and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2008-2009 Capital Projects and Grant Funds Appropriations be, and the
same are hereby, amended and reordained to read and provide as follows:
Capital Proiects Fund
Appropriations
Transfer to Grant Fund
Fund Balance
Economic and Community Development
Reserve - Unappropriated
08-530-9712-9535 $ 40,000
08-3365 (40,000)
Grant Fund
Appropriations
Fees for Professional Services
Training
Program Supplies.
Revenues
Brownfield Assessment SJRA - FY09
Brownfield Assessment SJRA - Local FY09
35-615-8103-2010
35-615-8103-2044
35-615-8103-2060
235,000
4,000
.1,000
35-615-81 03-81 03
35-615-8103-8102
200,000
40,000
Pursuant to the provisions of Section 12 of t~~.'CitY:i ~harter, the second reading
\. " -,
of this ordinance by title is hereby dispensed with.'
I ,
ATTEst:
. ~"'nt. fV1b~
City Clerk. C
STEPHANIE M, MOON, CMC
City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N, HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
September 16, 2008
I am attaching copy of Resolution No. 38227-091 508 authorizing the
acceptance of a U. S. Environmental Protection Agency Brownfield Hazardous
Substance Cleanup Grant to provide money for environmental cleanup activities
at a specific site within the City of Roanoke; and authorizing the City Manager
to execute any required grant agreements, to execute any necessary additional
documents, to provide additional information, and to take any necessary
actions to receive, implement, and administer such Cleanup Grant, 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, September 15, 2008.
S M M: ew
Attachment
Sincerely,
~.~o~~~
City Clerk
Darlene L. Burcham
September 16, 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, Management and Budget
Brian K. Brown, Economic Development Administrator
Thomas N. Carr, Director, Planning, Building and Development
Ian D. Shaw, Senior City Planner
A'"
p.l'
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of September, 2008.
No. 38227-091508.
A RESOLUTION authorizing the acceptance of a U.S. Environmental Protection Agency (EP A)
Brownfield Hazardous Substance Cleanup Grant to provide money for environmental cleanup activities at a
specific site within the City of Roanoke; and authorizing the City Manager to execute any required grant
agreements, to execute any necessary additional documents, to provide additional information, and to take any
necessary actions to receive, implement, and administer such Cleanup Grant, upon certain terms and
conditions.
WHEREAS, by Resolution No.3 7923-100107, adopted October 1,2007, Council authorized the City
Manager to submit an application to the EP A for a Brownfield Hazardous Substance Cleanup Grant in the
amount of $200,000 for environmental cleanup activities on a designated site, i.e. the former Virginia Scrap
Iron and Metal Company (Virginia Scrap Iron) property;
WHEREAS, such Cleanup Grant requires the City to provide additional matching funds of$40,000;
WHEREAS, the EP A has awarded the City a Cleanup Grant in the amount of $240,000, which
includes the $40,000 City match, and such Grant requires the execution of a cooperative agreement between
the EP A and the City;
WHEREAS, the Virginia Scrap Iron property was acquired by and is owned by the City of Roanoke
Redevelopment and Housing Authority (RRHA). The City provided the funds to theRRHA for the
acquisition of such property in accordance with the Amended and Supplemented South Jefferson Cooperation
Agreement 2, as amended by Budget Amendment No.2; and
R-Brownfield cleanup grant-2008.doc
1
WHEREAS, EP A staff has confirmed with City staff in the Department of Planning Building and
Development that the arrangement between the City and the RRHA for performing environmental
remediation work on the Virginia Scrap Iron property meets the EP A eligibility criteria for the Grant, even
though the City does not own the subject property.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke hereby accepts the EP A Brownfield Hazardous Substance Cleanup Grant
from the EP A in the amount of$240,000, which includes $40,000 in City matching funds, to provide money
for environmental cleanup activities on the Virginia Scrap Iron property mentioned above, all as more
particularly set forth in the letter dated September 15,2008, from the City Manager to this Council.
2. The City Manager is hereby authorized to execute a cooperative agreement between the City
,rJ
and the EPA in substantially the same form as that attached to the City Manager's letter mentioned above, '\
which is to be approved as to form by the City Attorney.
3. The City Manager is further authorized to execute any necessary additional documents, provide
any additional information, and to take any necessary actions in order to obtain, accept, receive, implement,
use, and administer such Cleanup Grant and to complete the above described work in connection with such
Grant.
ATTEST:
~'m.~
City Clerk.
R-Brownfield cleanup grant-2008.doc
2
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva.gov
September 15, 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:
EPA Brownfield Cleanup Grant
Acceptance
Background:
The U.S. Environmental Protection Agency (EPA) administers a Brownfield
Redevelopment Program that annually awards grants to states, tribal
authorities, and local governments. By Resolution No. 37923-100107, adopted
October 1, 2007, Council authorized the City Manager to submit an application
to the EPA for a Brownfield hazardous substance cleanup grant in the amount of
$200,000 for cleanup activities on a designated site, i.e. the former Virginia
Scrap Iron and Metal Company (Virginia Scrap Iron) property. The grant
requires the City to provide additional matching funds of 20% or $40,000.
Subsequent to the City submitting the grant application, the EPA announced a
grant award to the City for a cleanup grant in the amount of $240,000
(including a $40,000 City match) and the City has now received the cooperative
agreement from EPA for execution. A copy of such agreement is attached to
this letter.
The cleanup grant funds will be used to initiate environmental remediation
activities at the former Virginia Scrap Iron property located in the South
Jefferson Redevelopment area (SJRA). The Virginia Scrap Iron property was
acquired by and is owned by the City of Roanoke Redevelopment and Housing
Authority (RRHA). The City provided the funds to the RRHA for the acquisition
of such property in accordance with the Amended and Supplemented South
Jefferson Cooperation Agreement 2, as amended by Budget Amendment No.2.
Honorable Mayor and Members of City Council
September 15, 2008
Page 2
EPA staff has confirmed with City staff in the Department of Planning Building
and Development that the arrangement between the City and the RRHA for
executing work in the SJRA meets the eligibility criteria for this grant, even
though the City does not own the subject property.
As noted above, the City of Roanoke must provide a match of $40,000 for the
cleanup grant. Such matching funds are available in the Economic and
Community Development Reserve account and must be appropriated to the
project account upon approval of the grant cooperative agreement.
Recommended Action:
Accept the cleanup grant as described above and authorize the City Manager to
execute any required grant agreements, or related documents, such to be
approved as to form by the City Attorney, to execute any necessary additional
documents, provide additional information, and to take any necessary actions
to receive, implement, and administer such cleanup grant.
Adopt the accompanying budget ordinance to establish revenue estimates in
the amount of $200,000 from the EPA for the cleanup grant, and $40,000
appropriated from the Economic and Community Development Reserve, and
appropriate funding in the amount of $240,000 to accounts to be established
in the Grant Fund by the Director of Finance.
Respectfully submitted,
~~
Darlene L. Bur~ham
City Manager
Attachment
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
Sherman M. Stovall, Director of Management and Budget
Brian K. Brown, Economic Development Administrator
Ian D. Shaw, Senior City Planner
CM08-00156
'.'
BF - 973 1 - 0 PaQe
ASSISTANCE 10 NO.
,6D st.ll~ U.S. ENVIRONMENTAL PRG I DOC ID IAMEND# DATE OF AWARD
- ftiS'. SF - 97372201 - 0 08/22/2008
l~\ PROTECTION AGENCY TYPE OF ACTION MAILING DATE
New 08/29/2008
\it ~~i Cooperative Agreement PAYMENT METHOD: ACH#
EFT 9891
RECIPIENT TYPE: Send Payment Request to:
Municipal NIA
RECIPIENT: PAYEE:
City of Roanoke City of Roanoke
215 Church Ave SW Noel C. Taylor Bldg-Rm 166 215 Church Ave SW -Noel C. Taylor Bldg-Rm 166
Roanoke, VA 24011 Roanoke, VA 24011
EIN: 54-6001569
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST
Ian D. Shaw Stephanie Branche Tanya Thomas
215 Church Ave SW Noel C. Taylor Bldg-Rm 166 1650 Arch Street, 3HS51 Grants and Audit Management Branch, 3PM70
Roanoke, VA 24011 Philadelphia, PA 19103-2029 E-Mail: Thomas.Tanya@epa.gov
E-Mail: ian.shaW@roanokeva.gov E-Mail: Branche.Stephanie@epa.gov Phone: 215-814-5408
Phone: 540-853-5808 Phone: 215-814-5556
PROJECT TITLE AND DESCRIPTION
BROWNFIELD CLEANUP - VIRGINIA SCRAP
Funds for hazardous substances will be used to carry out cleanup and site remediation activities at a brownfield site known as the Virginia Scrap Iron and
Metal Company (Virginia Scrap) site located in the City of Roanoke, Virginia.
BUDGET PERIOD I PROJECT PERIOD TOTAL BUDGET PERIOD COST I TOTAL PROJECT PERIOD COST
10101/2008 - 09/30/2011 10/01/2008 - 09/30/2011 $240,000.00 $240,000.00
NOTICE OF AWARD
Based on your application dated 06/25/2008, including all modifications and amendments, the United States acting by and through the US Environmental
Protection Agency (EPA), hereby awards $200,000. EPA agrees to cost-share 83,34% of all approved budget period costs incurred, up to and not exceeding
total federal funding of $200,000. Such award may be terminated by EPA without further cause if the recipient fails to provide timely affirmation of the award
by signing under the Affirmation of Award section and retuming all pages of this agreement to the Grants Management Office listed below within 21 days after
receipt. or any extension of time, as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory
provisions are 40 CFR Chapter 1, Subchapter B, and all terms and conditions of this agreement and any attachments.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION 1 ADDRESS ORGANIZATION 1 ADDRESS
US EPA Region 3, 3PM70 U.S. EPA, Region 3
1650 Arch Street Hazardous Site Cleanup Division 3HSOO
Philadelphia, PA 19103-2029 1650 Arch Street
Philadelphia, PA 19103-2029
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
SIGNATURE OF AWARD OFFICIAL I TYPED NAME AND TITLE I DATE
Digital signature applied by EPA Award Official James W. Newsom, ARA for Policy and Management 08/22/2008
AFFIRMATION OF AWARD I
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
SIGNATURE I TYPED NAME AND TITLE I DATE
7220
EPA Funding Information
BF - 97372201 - 0 Page 2
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ $ 200,000 $ 200,000
EPA In-Kind Amount $ $ $ 0
Unexpended Prior Year Balance $ $ $0
Other Federal Funds $ $ $0
Recipient Contribution $ $ 40,000 $ 40,000
State Contribution $ $ $0
Local Contribution $ $ $0
Other Contribution $ $ $0
Allowable Project Cost $0 $ 240,000 $ 240,000
Assistance Program (CFDA) Statutory Authority Regulatpry Authority
66.818 - Brownfields Assessment and Cleanup ,CERCLA: Sec. 101(39) 40 CFR PART 31
Cooperative Agreements CERCLA: Sec. 104(k)(3)
Fiscal
Site Name Req No FY Approp. . Budget PRC Object Site/Project Cost Obligation /
Code Organization Class Organization Deobligation
VA SCRAPYD 0803BF005/ Of E4C 0300AG / 402D79E 4114 G3MLOQOC 200,OO(
200,OO(
BF - 97372201 - 0 Page 3
s
BudQet ummarv Page
Table A - Object Class Category Total Approved Allowable
(Non-construction) Budget Period Cost
1. Personnel $0
2. Fringe Be nefits $0
3. Travel $4,000
4. Equipment $0
5. Supplies $1,000
6. Contractual $235,000
7. Construction $0
8. Other $0
9. Total Direct Charges $240,000
10. Indirect Costs: % Base $0
11. Total (Share: Recipient 16,66 % Federal 83.34 %.) $240,000
12. Total Approved Assistance Amount $200,000
13. Program Income $0
14. Total EPA Amount Awarded This Action $200,000
15. Total EPA Amount Awarded To Date $200,000
SF . 97372201 - 0 Page 4
Administrative Conditions
1. The recipient agrees to the following conditions in accepting this assistance agreement:
a. Cash drawdown will be made only as actually needed for its disbursement;
b. Timely reporting of cash disbursements and balances will be provided, as required. Federal Cash
Transactions Reports (SF-272) must be submitted annually. The report for the prior calendar year is due
January 15. The SF-272s should be mailed to U.S. EPA - Las Vegas Finance Center, P.O. Box 98515,
Las Vegas, NV 89193-8515 or faxed to 702-798-2423, and
c. The recipient will impose the same standards of timing and reporting on secondary recipients, if any.
d. For drawdowns under this grant, recipients receiving payments under the ASAP process will draw
funds from the appropriate codes from the list below on the account detail screen. Recipients under the
EFT process will indicate on the Payment Request Form EPA-190-F-04-001, the appropriate codes from
the list below for drawdowns:
G3MLOQOO. Virginia Scrap
Failure on the part of the recipient to comply with the above conditions may cause the undisbursed
portions of the assistance agreement to be revoked and financing method changed to a reimbursable
basis.
2. Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all
space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal
funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL
101-391, as amended). Recipients may search the Hotel-Motel National Master List at
http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance (FEMA 10 is currently not
required), or to find other information about the Act.
3. Any State agency or agency of a political subdivision of a State which is using appropriated Federal
funds shall comply with the requirements set forth in Section 6002 of the Resource Conservation and
Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA Section 6002 apply to any
acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items
acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires
that preference be given in procurement programs to the purchase of specific products containing
recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247.
4, The recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR part 1532, entitled
"Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." The
recipient is responsible for ensuring that any lower tier covered transaction, as described in Subpart B of 2
CFR Part 180 and 2 CFR Part 1532, entitled "Covered Transactions," includes a term or condition
requiring compliance with Subpart C. The recipient is responsible for further requiring the inclusion of a
similar term or condition in any subsequent lower tier covered transactions. The recipient acknowledges
that failing to disclose the information as required at 2 CFR 180.335 may result in the delay or negation of
this assistance agreement, or pursuance of legal remedies, including suspension and debarment.
The recipient may access the Excluded Parties List System at http://epls.arnet.Qov.This term and
condition supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other
Responsibility Matters."
5. The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. The recipient
shall include the language of this provision in award documents for all subawards exceeding $100,000,
and require that subrecipients submit certification and disclosure forms accordingly. .
In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure
under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure.
6. The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this
assistance agreement are used to engage in lobbying of the Federal Government or in litigation against
the United States unless authorized under existing law. The recipient shall abide by its respective OMB
Circular (A-21, A-8?, or A-122), which prohibits the use of federal grant funds for litigation against the
United States or for lobbying or other political activities. .
7. In accordance with the policies set forth in EPA Order 1000.25 and Executive Order 13423,
Strengthening Federal Environmental, Energy and Transportation Management (January 24,2007), the
recipient agrees to use recycled paper and double sided printing for all reports which are prepared as a
part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on
forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available
through the General Services Administration.
8. In accordance with OMB Circular A-133, which implements the Single Audit Act, the recipient hereby
agrees to obtain a single audit from an independent auditor if it expends $500,000 or more in total Federal
funds in any fiscal year. Within nine months after the end of a recipient's fiscal year or 30 days after
receiving the report from the auditor, the recipient shall submit a copy of the report to:
Federal Audit Clearinghouse
1201 East 10th Street
Jeffersonville, IN 47132
9. The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort
to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 40 CFR 36.200 -
36.230. Additionally, in accordance with these regulations, the recipient organization must identify all
known workplaces under its federal awards, and keep this information on file during the performance of
the award.
Those recipients who are individuals must comply with the drug-free provisions set forth in Title 40 CFR
36.300,
The consequences for violating this condition are detailed under Title 40 CFR 36,510. Recipients can
access the Code of Federal Regulations (CFR) Title 40 Part 36 at
htto://www.access.QOo.Qov/nara/cfrlwaisidx06/40cfr3606.html.
10. The recipient agrees to:
a. Establish all subaward agreements in writing;
b. Maintain primary responsibility for ensuring successful completion of the EPA-approved project (this
responsibility cannot be delegated or transferred to ,a subrecipient);
c. Ensure that any subawards comply with the standards in Section 21 O(a)-(d) of OMB Circular A-133 and
are not used to acquire commercial goods or services for the recipient;
d. Ensure that any subawards are awarded to eligible subrecipients and that proposed subaward costs
are necessary, reasonable, and allocable;
e. Ensure that any subawards to 501 (c)(4) organizations do not involve lobbying activities;
f. Monitor the performance of their recipients and ensure that they comply with all applicable'regulations,
statutes, and terms and conditions which flow down in the subaward;
g. Obtain EPA's consent before making a subaward to a foreign or international organization, or a
subaward to be performed in a foreign country; and
h. Obtain approval from EPA for any new subaward work that is not outlined in the approved work plan in
with 40 CFR Parts 30.25 and 31.30, as applicable. '
Any questions about subrecipient eligibility or other issues pertaining to subawards should be addressed
to the recipients' EPA Project Officer. Additional information regarding subawards may be found at
http://www .epa .qov!oqd!quide!su baward-policy-part -2. pdf.
Guidance for distinguishing between vendor and subrecipient relationships and ensuring compliance with
Section 210(a)-(d) of OMS Circular A-133 can be found at
http://www .epa .qov!oqd!qu id e! su bawards-appendix-b. pdf and
http://www.whitehouse.qov/omb/circulars/a133/a133.html.
The recipient is responsible for selecting its subrecipients and, if applicable, for conducting subaward
competitions.\
11. The recipient agrees that management fees or similar charges in excess of the direct costs and
approved indirect rates are not allowable. The term "management fees or similar charges" refers to
expenses added to the direct costs in order to accumulate and reserve funds for ongoing business
expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance
agreement. Management fees or similar charges may not be used to improve or expand the project
funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of
work.
12. EPA's financial obligations to the recipient are limited by the amount of federal funding awarded .to
date as shown on line 15 in its EPA approved budget. If the recipient incurs costs in anticipation of
receiving additional funds from EPA, it does so at its own risk.
13. To implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as
amended, the following provisiqns apply to this award:
a. We, as the Federal awarding agency may unilaterally terminate this award, without penalty, if a
subrecipient that is a private entity: (1) is determined to have violated an applicable prohibition in the
Prohibition Statement below; or (2) has an employee who is determined by the agency official authorized
to terminate the award to have violated an applicable prohibition in the Prohibition Statement below
through conduct that is either: (a) associated with performance under this award: or (b) imputed to the
subrecipient using the standards and due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR part 180, "OMS Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 1532.
You must inform us immediately of any information you receive from any source alleging a violation of a
prohibition in the Prohibition Statement below.
b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements
section 1 06(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C, 7104(g)),
and (2) is in addition to all other remedies for noncompliance that are available to us under this award. .
c. You must include the requirements of the Prohibition Statement below in any subaward you make to a
private entity.
Prohibition Statement - You as the recipient, your employees, subrecipients under this award, and
subrecipients' employees may not engage in severe forms of trafficking in persons during the period of
time that the award is in effect; procure a commercial sex act during the period of time that the award is in
effect; or use forced labor in the performance of the award or subawards under the award.
14. Pursuant to 40 CFR 31.41(b} and 31.50(b), the recipient agrees to submit to EPA an interim and/or
final Financial Status Report (FSR) (SF-269 or 269A) as follows:
a. Annual interim FSRs are due within 90 days after the reporting period end date. The reporting period
end date is based on the budget period start date of the assistance agreement. Interim FSRs should be
mailed to Ms. Kathleen M. Blinebury, Grants Management Officer, Grants and Audit Management
Branch (3PM70), U.S. EPA - Region III, 1650 Arch Street, Philadelphia, PA 19103-2029.
b. Final FSRs are due within 90 calendar days after termination or completion of the assistance
agreement. Final FSRs should be mailed to U.S. EPA - Las Vegas Finance Center (LVFC), P.O. Box
98515, Las Vegas, NV 89193-8515 or faxed to 702-798-2423.
For activities, a breakdown must be attached to the FSR that shows total costs charged to each
site identifer.
A FSR Preparation Package, which includes forms and instructions to aid in the preparation of the FSR, is
available on the Region III website:
http://www.epa.gov/region3/fsr/index.htm
The L VFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a final
Financial Status Report. Recipients will be notified and instructed by EPA if they must complete any
additional forms for the closeout of the assistance agreement.
EPA may take enforcement actions in accordance with 40 CFR 31.43, if the recipient does not comply
with this term and condition.
15. Payment to consultants. EPA participation in the salary rate (excluding overhead) paid to individual
consultants retained by recipients or by a recipient's contractors or subcontractors shall be limited to the
maximum daily rate for a Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually.
This limit applies to consultation services of designated individuals with specialized skills who are paid at a
daily or hourly rate. As of January 1,2008, the limit is $571.12 per day and $71.39 per hour. This rate
does not include transportation and subsistence costs for travel performed (the recipient will pay these in
accordance with their normal travel reimbursement practices).
Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR
30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provided the
recipient with responsibility for the selection, direction, and control of the individuals who will be providing
services under the contract at an hourly or daily rate of compensation. See 40 CFR 31.360) or 30.27(b}.
16. GENERAL COMPLIANCE, 40 CFR, Part 33
The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small,
Minority and Women's Business Enterprises (MBE/WBE) in procurement under assistance
agreements, contained in 40 CFR, Part 33.
FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart 0
A recipient must negotiate with the appropriate EPA award official, or his/her designee, fair share
objectives for MBE and WBE participation in, procurement under the financial assistance
agreements,
Current Fair Share Objective/Goal
This assistance agreement is a Technical Assistance Grant (TAG); or the award amount is
$250,000 or less; or the total dollar amount of all of the recipient's financial assistance
. agreements from EPA in the current Federal fiscal year $250,000 or less. Therefore, the recipient
of this assistance agreement is exempt from the fair share objective requirements of 40 CFR, Part
33, Subpart D, and is not required to negotiate a fair share objective/goal for the utilization of
MBE/WBEs in its procurements.
SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C
Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts
whenever procuring construction, equipment, services and supplies under an EPA financial
assistance agreement, and to ensure that sub-recipients, loan recipients, and prime contractors also
comply. Records documenting compliance with the six good faith efforts shall be retained:
(a) Ensure Disadvantage Business Enterprises (DBEs) are made aware of contracting
opportunities to the fullest extent practicable through outreach and recruitment activities. For
Indian Tribal, State and Local Government recipients, this will include placing DBEs on solicitation
lists and soliciting them whenever they are potential sources.
(b) Make information on forthcoming opportunities available to DBEs and arrange time frames for
contracts and establish delivery schedules, where the requirements permit, in a way that
encourages and facilitates participation by DBEs in the competitive process. This includes,
whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days
before the bid or proposal closing date.
(c) Consider in the contracting process whether firms competing for large contracts could
subcontract with DBEs. For Indian Tribal, State and Local Government recipients, this will include
dividing total requirements when economically feasible into smaller tasks or quantities to permit
maximum participation by DBEs in the competitive process.
(d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these
firms to handle individually.
(e) Use the services and assistance of the Small Business Administration and the Minority
Business Development Agency of the Department of Commerce in finding DBEs.
(f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in
paragraphs (a) through (e) of this section.
MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503
The recipient agrees to complete and submit EPA Form 5700-52A, "MBE/WBE Utilization Under
Federal Grants, Cooperative Agreements and Interagency Agreements" beginning with the
Federal fiscal year reporting period the recipient receives the award, and continuing until the
project is completed. Only procurements with certified MBE/WBEs are counted toward a
recipient's MBE/WBE accomplishments. The reports must be submitted semiannually for the
periods ending March 3181 and September 30111 for:
Recipients of financial assistance agreements that capitalize revolving loan programs
(CWSRF, DWSRF, Brownfields); and
All other recipients not identified as annual reporters (40 CFR Part 30 and 40 CFR Part 35,
Subpart A and Subpart B recipients are annual reporters).
The reports are due within 30 days of the end of the semiannual reporting periods (April 30
~ ~ .
and October 30 ). Reports should be sent to Romona McQueen, Small BUSiness
Program Manager (3PMOO), U.S. EPA - Region III, 1650 Arch Street, Philadelphia, PA
19103-2029. Final MBElWBE reports must be submitted within 90 days after the project
period of the grant ends. Your grant cannot be officially closed without all MBE/WBE
reports.
EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home
Page on the Internet at www.epa.qov/osbp .
CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302
The recipient agrees to comply with the contract administration provisions of 40 CFR, Section
33.302.
BIDDERS LIST, 40 CFR, Section 33.501(b) and (c)
Recipients and sub recipients of a Continuing Environmental Program Grant or other annual
reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial
assistance agreement to capitalize a revolving loan fund also agree to require entities receiving
identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or
chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and
(c) for specific requirements and exemptions.
Proarammatic Conditions
I. GENERAL FEDERAL REQUIREMENTS
Note: These terms and conditions contain references to EPA financial assistance regulations at 40
CFR Parts 30 and 31. 40 CFR Part 30 is applicable to non-profit and educational institution recipients
and 40 CFR Part 31 is applicable to governmental recipients.
A. Federal Policy and Guidance
1.a. Cooperative Aqreement Recipients: In implementing this agreement, the cooperative agreement
recipient (CAR) shall ensure that work done with cooperative agreement funds complies with the
requirements of the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) ~104(k). The CAR shall also ensure that cleanup activities supported with cooperative
agreement funding comply with all applicable Federal and State laws and regulations. The CAR must
ensure cleanups are protective of human health and the environment.
b. The CAR must consider whether they are required to conduct cleanups under a State or Tribal
response program. If the CAR chooses not to participate in a State or Tribal response program, then
the CAR is required to consult with the Environmental Protection Agency (EPA) to ensure the
proposed cleanup is protective of human health and the environment.
c. If the State or Tribe does not have a promulgated Response Program, then the CAR is required to
consult with the Environmental Protection Agency (EPA) to ensure protectiveness of human health
and the environment.
2. A term and condition or other legally binding provision shall be included in all agreements entered
into with the funds, or when funds awarded under this agreement are used in combination with non-
Federal sources of funds, to ensure that CARs comply with all applicable Federal and State laws and
requirements. In addition to CERCLA~104(k), Federal applicable laws and requirements include:
a. CERCLA ~1 04(g) requires that CARs comply with the prevailing wage rate requirements under the
Davis-Bacon Act of 1931 for construction, repair or alteration contracts "funded in whole or in part"
with funds provided under this agreement. The CAR must obtain recent and applicable wage rates
from the U.S. Department of Labor and incorporate them into the construction, alteration or repair
contract.
b. The CAR agrees to comply with Executive Order 13202 (Feb. 22, 2001, 66 Fed. Reg. 11225 ) of
February 17; 2001, entitled "Preservation of Open Competition and Government Neutrality Towards
Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects;"
as amended by Executive Order 13208 (April 11, 2001, 66 Fed. Reg. 18717) of April 6, 2001, entitled"
Amendment to Executive Order 13202, Preservation of Open Competition and Government Neutrality
Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction
Projects."
c, Federal cross-cutting requirements including, but not limited to, MBEIWBE requirements found at
40 CFR ~31.36(e) or 40 CFR ~30.44(b); OSHA Worker Health & Safety Standard 29 CFR 91910.120;
the Uniform Relocation Act; National Historic Preservation Act; Endangered Species Act; and Permits
required by Section 404 of the Clean Water Act;- Executive Order 11246, Equal Employment
Opportunity, and implementing regulations at 41 CFR 960-4; Contract Work Hours and Safety
Standards Act, as amended (40 USC 327-333) the Anti Kickback Act (40 USC 276c) and Section 504
of the Rehabilitation Act of 1973 as im plemented by Executive Orders 11914 and 11250.
B. Changes to Sites and Cleanup Methods
1.a. The CAR must use funds provided by this agreement to clean up the brownfield site in the EPA
approved work plan. Any changes to the boundaries of the site must be approved by EPA in a revised
work plan,
b. The CAR may not make substantial changes to the cleanup method described in the work plan
without prior EPA approval.
II: GENERAL COOPERATIVE AGREEMENT ADMINISTRA:rIVE REQUIREMENTS
A. Term of the Agreement
1. The term of this agreement is three years from the start of the budget and project period, unless
otherwise extended by EPA at the CAR's request.
2. If after 1112 years from the date of award, EPA determines that the CAR has not made sufficient
progress in implementing its cooperative agreement, EPA may terminate this agreement.
B. Substantial Involvement
1. The U.S. EPA may be substantially involved in overseeing and monitoring this cooperative
agreement.
a. Substantial involvement by the U.S. EPA generally includes administrative activities such as:
monitoring; review of project phases; and approval of substantive terms included in professional
services contracts.
b. Substantial EPA involvement may include reviewing financial and program performance reports;
and monitoring all reporting, record-keeping, and other program requirements.
c. EPA may waive any of the provisions in term and condition section II.B.1., at its own initiative or
upon request by the CAR. EPA will provide waivers in writing.
2. Effect of EPA's substantial involvement includes:
a. EPA's review of any project phase, document, or cost incurred under this cooperative agreement,
will not have any effect upon CERCLA s128 Eligible Response Site determinations or for rights,
authorities, and actions under CERCLA or any Federal statute.
b. The CAR remains responsible for ensuring that all cleanups are protective of human health and the
environment and comply with all applicable Federal and State laws.
c. The CAR remains responsible for ensuring costs are allowable under applicable OMB Circulars.
C, Cooperative Agreement Recipient Roles and Responsibilities
1. The CAR must acquire the services of a qualified environmental professional(s) to coordinate,
direct, and oversee the brownfields assessment and cleanup activities at a particular site, if they do
not have such a professional on staff.
'.
" .
2. The CAR is responsible for ensuring that contractors and subgrant recipients comply with the
terms of their agreements with the CAR, and that agreements between the CAR and subgrant
recipients and contractors are consistent with the terms and conditions of this agreement.
3. Subgrants are defined at 40 CFR ~1.3 and 40 CFR ~30.2(f). The CAR may not subgrantto for-
profit organizations. The CAR must obtain commercial services and products necessary to carry out
this agreement under competitive procurement procedures as described in AO CFR ~31 ,36 or the
Procurement Standards of 40 CFR Part 3D, as applicable. In addition, EPA policy encourages
awarding subgrants competitively and the CAR must consider awarding subgrants through
competition.
D. Quarterly Progress Reports
1. The CAR must submit progress reports on a quarterly basis (30 days after the end of each Federal
fiscal quarter) to the EPA Project Officer, The progress reports must document incremental progress
at achieving the project goals and milestones, Quarterly progress reports must include:
a. Documentation of progress at meeting performance outcomes/outputs; project narrative; project
time line; and an explanation for any slippage in meeting established outputs/outcomes,
b. An update on project milestones.
c. A budget recap summary page with the following headings: Current Approved Budget; Costs
Incurred this Quarter; Costs Incurred to Date; and Total Remaining Funds.
d. If applicable, quarterly reports must specify costs incurred at petroleum-only brownfjelds sites.
e. CAR quarterly reports must clearly identifY which activities performed during the reporting period
were undertaken with EPA funds, and will relate EPA-funded activities to the objectives and
milestones agreed upon in the work plan.
2. The CAR must maintain records that will enable it to report to EPA on the amount of funds
expended by the CAR at petroleum sites identified in the EPA-approved work plan.
3. The CAR must complete and submit relevant portions of the Property Profile Form reporting the
signing of a loan or subgrant, the initiation of cleanup activities, the completion of cleanup activities
and other relevant project milestones, e.g., concerning institutional controls, contaminants, and reuse.
The CAR must submit the updated Property Profile Form reflecting such events within 30 days after
the end of the Federal fiscal quarter in which the event occurred. The CAR may be provided access
to an on-line reporting system by the EPA Project Officer to perform their reporting requirements.
Alternately, the CAR may complete a hard-copy version of the Property Profile Form available from
their EPA Project Office or on-line at: httD://www.eDa.oov/brownfields/oubs/rotforms.htm
4. In accordance with 40 CFR ~31.40(d) or 40 CFR ~3O.51 (f), the CAR agrees to inform EPA as soon
as problems, delays or adverse conditions become known which will materially impair the ability to
meet the outputs/outcomes specified in the assistance agreement work plan.
5. In accordance with 40 CFR ~31.40 or 40 CFR ~30.51 (d), the recipient agrees to include in
performance reports submitted under this agreement brief information on each of the following areas:
1) a comparison of actual accomplishments with the anticipated outputs/outcomes specified in the
assistance agreement work plan; 2) reasons why anticipated outputs/outcomes were not met; and 3)
other pertinent information, including, when appropriate, analysis and explanation of cost overruns or
high unit costs.
6. The recipient agrees to submit quarterly performance reports to the EPA Project Officer, The
reports are due 30 days after the reporting period. Final performance reports are due 90 days after
the end of the budget period.
III. FINANCIAL ADMINISTRATION REQUIREMENTS
A. Cost Share Requirement
1. CERCLA ~1 04(k)(9)(B)(iii) requires the CAR of this cooperative agreement to pay a cost share
(which may be in the form of a contribution of money, labor, material, or services from a non-federal
source) of at least 20 percent (i.e., 20 percent of the total federal funds awarded). The cost share
contribution must be for costs that are eligible and allowable under the cooperative agreement and
must be supported by adequate documentation.
B. Eligible Uses of the Funds for the Cooperative Agreement Recipient
1. To the extent allowable under the EPA-approved work plan, cooperative agreement funds may be
used for programmatic expenses necessary to clean up sites. Eligible programmatic expenses
include activities described in section IV of these terms and conditions. In addition, eligible
programmatic expenses may include:
a. Ensuring cleanup activities at a particular site are authorized by CERCLA 9104(k) and the EPA
approved work plan;
b. Ensuring that a cleanup complies with applicable requirements under Federal and State laws, as
required by CERCLA ~1 04(k);
c. Using a portion of the grant to purchase environmental insurance for the remediation of the site.
Funds may not be used to purchase insurance intended to provide coverage for any of the ineligible
uses under section C;
d. Any other eligible programmatic costs including direct costs incurred by the CAR in reporting to
EPA; procuring and managing contracts; awarding and managing subgrants to the extent allowable in
section III.C,2; and carrying out community involvement pertaining to the cleanup activities.
2. Local Governments Only. No more than 10% of the funds awarded by this agreement may be
used by the CAR itself as programmatic cost for brownfields program development and
implementation (including monitoring of health and institutional controls) as described in Task G of the
EPA-approved work plan. The CAR must maintain records on funds that will be used to carry out
Task G of its EPA-approved work plan to ensure that no more than 10% of its funds are used for
brownfields program development and implementation (including monitoring of health and institutional
controls).
C. Ineligible Uses of the Funds for the Cooperative Agreement Recipient
1. Cooperative agreement funds shall not be used by the CAR for any of the following activities:
a. Pre-cleanup environmental assessment activities such as site assessment, identification, and
characterization with the exception of site monitoring activities that are reasonable and necessary
during the cleanup process, including determination of the effectiveness of a cleanup;
b. Monitoring and data collection necessary to apply for, or comply with, environmental permits under
other federal and state laws, unless such a permit is required as a component of the cleanup action;
c. Construction, demolition, and development activities that are not cleanup actions (e,g., marketing
of property or construction of a new facility or addressing public or private drinking water supplies that
have deteriorated through ordinary use);
d. Job training unrelated to performing a specific cleanup at a site covered by the grant;
e. To pay for a penalty or fine;
f. To pay a federal cost share requirement (for example, a cost-share required by another Federal
grant) unless there is specific statutory authority;
g. To pay for a response cost at a brownfields site for which the CAR of the grant is potentially liable
under CERCLA 9107;
h. To pay a cost of compliance with any federal law, excluding the cost of compliance with laws
applicable to the cleanup; and
i. Unallowable costs (e.g., lobbying and fund raising) under applicable OMB Circulars.
2. Under CERCLA ~104(k)(4)(B), administrative costs are prohibited costs under this agreement.
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.~. 'l!
Prohibited administrative costs include all indirect costs under applicable OMB Circulars incurred by
the CAR.
a. Ineligible administrative costs include costs incurred in the form of salaries, benefits, contractual
costs, supplies, and data processing charges, incurred to comply with most provisions of the Uniform
Administrative Requirements for Grants contained in 40 CFR Part 30 or 40 CFR Part 31, Direct costs
for grant administration, with the exception of costs specifically identified as eligible programmatic
costs, are ineligible even if the CAR is required to carry out the activity under the grant agreement.
Costs incurred to report quarterly performance to EPA under the grant are eligible.
b. Ineligible grant administration costs include direct costs for:
(1) Preparation of applications for Brownfields grants;
(2) Record retention required under 40 CFR ~30.53 and 40 CFR ~31.42:
(3) Record-keeping associated with supplies and equipment purchases required under 40 CFR ~
30.33, ~30.34, and~30.35 and 40 CFR 931.32 and ~31.33;
(4) Preparing, revisions and changes in the budgets, scopes of work, program plans and other
activities required under 40 CFR 930.25 and 40 CFR 931.30;
(5) Maintaining and operating financial management systems required under 40 CFR Part 30 and 40
CFR Part 31; .
(6) Preparing payment requests and handling payments under 40 CFR 930.22 and 40 CFR ~31.21 ;
(7) Non-federal audits required under 40 CFR 930.26,40 CFR 931 ,26, and OMB Circular A-133; and
(8) Close out under 40 CFR 930.71 and 40 CFR ~31.50.
D. Grant Recipient Eligibility
1. The CAR may only clean up sites it solely owns. The CAR must retain ownership of the site
throughout the period of performance of the grant. For the purposes of this agreement, the term "
owns' means fee simple title unless EPA approves a different arrangement.
E. Obligations for Grant Recipients Asserting a Limitation on Liability from CERCLA ~107
1. EPA awarded this cooperative agreement)o the CAR based on information indicating that the CAR
would not use cooperative agreement funds to pay for a response cost at the site for which the CAR
was potentially liable under CERCLA 9107. If the CAR is not potentially liable based on its status as
either a Bona Fide Prospective Purchaser (BFPP), Contiguous Property Owner (CPO), or Innocent
Land Owner (ILO), the CAR must meet certain continuing obligations in order to maintain its status. If
the CAR fails to meet these obligations, EPA may disallow the costs incurred under this cooperative
agreement for cleaning up the site under CERLCA ~1 04(k)(7)(C). These continuing obligations
include:
(1) complying with any land use restrictions established or relied on in connection with the response
action at the vessel or facility and not impeding the effectiveness or integrity of institutional controls;
(2) taking reasonable steps with respect to hazardous substance releases; .
(3) providing full cooperation, assistance, and access to persons that are authorized to conduct
response actions or natural resource restoration; and
(4) complying with information requests and administrative subpoenas and legally required notices
(applies to the criteria for bona fide prospective purchasers and contiguous property owners),
Notwithstanding the CAR's continuing obligations under this agreement, the CAR is subject to the
applicable liability provisions of CERCLA governing its status as a BFPP, CPO, or ILO. CERCLA
requires additional obligations to maintain the liability limitations for BFPP, CPO, and ILO; the relevant
provisions for these obligations include %101( 35),101(40), 107(b), 107(q), and 107(r).
F. Interest-Bearing Accounts and Program Income
1. Interest earned on advances are subject to the provisions of 40 CFR ~31.21(i) and ~30.22(1)
. .,.-
..
relating to remitting interest on advances to EPA on a quarterly basis.
2. Any program income earned by the CAR will be added to the funds EPA has committed to this
agreement and used only for eligible and allowable costs under the agreement as provided in 40 CFR
~30.24(b)(1) or 40 CFR 931.25(g)(2), as applicable.
IV. CLEANUP ENVIRONMENTAL REQUIREMENTS
A. Authorized Cleanup Activities
1. The CAR shall prepare an analysis of brownfields cleanup alternatives which will include
information about the site and contamination issues (Le., exposure pathways, identification of
contaminant sources, etc.); cleanup standards; applicable laws; alternatives considered; and the
proposed cleanup. The evaluation of alternatives must include effectiveness, implementability, and
the cost of the response proposed, The evaluation will include an analysis of reasonable alternatives
including no action. The cleanup method chosen must be based on this analysis.
2. For cleanup of petroleum sites identified in the EPA-approved work plan, an analysis of cleanup
alternatives must include considering a range of proven cleanup methods including identification of
contaminant sources, exposure pathways, and an evaluation of corrective measures. The cleanup
method chosen must be based on this analysis.
3. Prior to conducting or engaging in anyon-site activity with the potential to impact historic properties
(such as invasive sampling or cleanup), the CAR shall consult with EPA regarding potential
applicability of the National Historic Preservation Act and, if applicable, shall assist EPA in complying
with any requirements of the Act and implementing regulations.
B. Quality Assurance (QA) Requirements
1. If environmental samples are to be collected as part of the brownfields cleanup (e.g., cleanup
verification sampling, post-cleanup confirmation sampling), the CAR shall comply with 40 CFR ~31.45
(or 40 CFR ~30.54 requirements for nonprofit organizations) requirements to develop and implement
quality assurance practices sufficient to produce data adequate to meet project objectives and to
minimize data loss. State law may impose additional QA requirements.
2. If cooperative agreement funded environmental sampling takes place, the CAR must prepare a
combined Quality Management Plan/Quality Assurance Project Plan (QMP/QAPP). This combined
QMP/QAPP must be prepared in accordance with the EPA Region III Generic Quality Assurance
Project Plan (QAPP) Template (dated March 2001). At least 30 days before the initiation of the
environmental sampling, the CAR must submit the generic QAPP to the EPA Project Officer. The
EPA Project Officer must approve the CAR's generic QAPP before the environmental sampling
begins.
3. In addition, at least 30 days before the initiation of any site sampling and analysis investigations,
the CAR must submit a site-specific Sampling and Analysis Plan (SAP). This site-specific SAP must
. meet the requirements found in the EPA Region III site-specific SAP Template (dated July 1999).
Before sampling and analysis begins, the site-specific SAP must be approved by the EPA Project
Officer.
C. Community Relations and Public Involvement in Cleanup Activities
1. All cleanup activities reqUire a site-specific community relations plan that includes providing
reasonable notice, opportunity for involvement, response to comments, and administrative records
that are available to the public.
D, Administrative Record
1. The CAR shall establish an administrative record that contains the documents that form the basis
for the selection of a cleanup plan. Documents in the administrative record shall include an analysis
of reasonable alternatives including no action; site investigation reports; the cleanup plan; cleanup
standards used; responses to public comments; and verification that shows that cleanup is complete.
1., (
The CAR shall keep the administrative record available at a location convenient to the public and
make it available for inspection.
E. Implementation of Cleanup Activities
1. The CAR shall ensure the adequacy of each cleanup in protecting human health and the
environment as it is implemented. Subject to the EPA notification and approval provision of section
I.B.1.b., the CAR is allowed to change cleanup activities as necessary based on comments from the
public or any new information acquired.
2, If the CAR is unable or unwilling to complete the cleanup, the CAR shall ensure that the site is
secure. The CAR shall notify the appropriate state agency and the U.S. EPA to ensure an orderly
transition should additional activities become necessary.
F. Completion of Cleanup Activities
1. The CAR shall ensure that the successful completion of a cleanup is propeHy documented. This
must be done through a final report or letter from a qualified environmental professional, or other
documentation provided by a State or Tribe that shows cleanup is complete. This documentation
needs to be included as part of the administrative record.
V. OTHER CLEANUP GRANT REQUIREMENTS
A. Inclusion of Special Terms and Conditions in Cleanup Documents
1. The CAR shall meet the cleanup and other program requirements of the cleanup including:
a. In accordance with 40 CFR ~31.42 or 40 CFR ~30,53, the CAR shall maintain records for a
minimum of three years following completion of the cleanup financed all or in part with cleanup grant
funds. CARs shall provide access to records relating to cleanups supported with cleanup grant funds
to authorized representatives of the Federal government.
b. The CAR has an .ongoing obligation to advise EPA if assessed any penalties resulting from
environmental non-compliance at the site subject to this agreement.
B. Conflict of Interest
1. The CAR shall establish and enforce conflict of interest provisions that prevent the award of
subgrants that create real or apparent personal conflicts of interest or the appearance of the CAR's
lack of impartiality. Such situations include, but are not limited to, situations in which an employee,
official, consultant, contractor, or other individual associated with the CAR (affected party) approves or
administers a subgrant to a subgrant recipient in which the affected party has a financial or other
interest. Such a conflict of interest or appearance of lack of impartiality may arise when:
(i) The affected party,
(ii) Any member of his immediate family,
(Hi) His or her partner, or
(iv) An organization which employs, or is about to employ, any of the above,
has a financial or other interest in the subgrant recipient.
Affected employees will neither solicit nor accept gratuities, favors, or anything of monetary value from
subgrant recipients. CARs may set minimum rules where the financial interest is not substantial or the
gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or
regulations, such standards of conduct will provide for penalties, sanctions, or other disciplinary
actions for violations of such standards by affected parties.
VI. PAYMENT AND CLOSEOUT
, "
1. For the purposes of these terms and conditions, the following definitions apply: "payment" is the
U.S, EPA's transfer of funds to the CAR; "close out" refers to the process that the U.S. EPA follows to
ensure that all administrative actions and work required under the cooperative agreement have been
completed.
A. Payment Schedule
1. (Approved budget does not include construction costs) The CAR will be paid in advance provided
it has funds management controls in place which meet the requirements of 40 CFR ~30. 22 or 40 CFR
~31.21, as applicable.
B. Schedule for Closeout
1. Closeout will be conducted in accordance with 40 CFR 931.50 or 40 CFR ~30.71 following
expiration of the term of the agreement or expenditure of the funds awarded and completion of the
activities described by the EPA-approved work plan.
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
September 16, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38229-091508 authorizing payment of
supplementary compensation and restoration of certain benefits to certain
employees called to active military duty.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regu lar meeting held on Monday, September 1 5, 2008.
Sincerely,
~~h1. ~
Stephanie M. Moon, CMC
City Clerk
SMM :ew
pc: Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
Keli M. Greer, Director, Human Resources
'p
I-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of September, 2008.
No. 38229-091508.
A RESOLUTION authorizing payment of supplementary compensation and restoration
of certain benefits to certain employees called to active inilitary duty.
BE IT RESOLVED by the City Council of the City of Roanoke that:
1. The City shall pay, upon request, to any City employee who is a military
. reservist/national guard and who, between October 1,2008, and September 30,2009, is called to
and serves in active duty related to our country's war on terrorism or natural disasters,
subsequent to that employee's employment with the City, a supplement equal to the difference
between that employee's regular City salary and military base pay plus any other compensation
received for military service. This supplement shall not be paid for any days that regular City
salary must be paid to such employees. Employees shall provide the Department of Human
Resources with the necessary documentation to establish their eligibility for the supplement.
2. Each such employee shall be deemed to have earned City vacation, paid and
extended illness leave for the period of such active duty in the same manner as if such employee
had remained in service with the City.
3. For each such employee who returns to service with the City within ninety (90)
days of the conclusion of such active military duty, the City shall pay the City portion of the
health and dental benefit premiums necessary to provide coverage for the employee effective
upon the date of return to service with the City.
ATTEST:
~m.~~
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva.gov
September 15, 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:
Special Military Pay
Background:
Military leave at full pay is limited to fifteen work days per federal fiscal year for
employees of the City of Roanoke who are military reservists or members of the
National Guard and who are called to active duty. City Council approved Special
Military Pay on November 5, 2001, and extended it annually thereafter, to
provide supplemental pay for military reservists/National Guard called to active
duty and who serve related to the war on terrorism. This special Council action
was effective through September 30, 2008, and benefited five City employees
called from reserves/National Guard to active duty. As a result of City Council's
action, these employees received a total of $11,838.86 in supplemental pay
during the federal fiscal year October 1, 2007, thru September 30, 2008. There
are forty reservists/National Guard members in ten departments within the City
of Roanoke as full time employees.
Considerations:
Covered employees would be those reservists/National Guard members who are
called to active duty related to our country's war on terrorism or natural
disaster relief, subsequent to the employee's employment with the City of
Roanoke. This supplemental pay will be provided upon request and with
necessary documentation to the Department of Human Resources. Funding is
available in departmental operating budgets to support this policy.
Honorable Mayor and Members of City Council
September 15, 2008
Page 2
Recommended Action:
Adopt the accompanying Resolution to approve continuance of the Special
Military Pay policy to pay military reservists/National Guard members who are
called to active duty between October 1, 2008, and September 30, 2009 the
difference between their military base pay (including any other related
compensation received from the military) and pay from the City of Roanoke in
their current job. .
Darlene L. Bur ham
City Manager
DLB:jsc
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Keli M. Greer, Director of Human Resources
CM08-00153
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECEUA R. TYREE
Assistant Deputy City Clerk
September 16, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copies of Ordinance No. 38230-091 508 allowing a bus shelter
encroachment that extends variable distances into the public rights-of-way
located at 1802 Liberty Road, N. W., adjacent to Lincoln Terrace Elementary
School, upon certain terms and conditions; and Ordinance No. 38231-091508
allowing a bus shelter encroachment that extends variable distances into the
public rights-of-way located on Westside Boulevard, N.W., adjacent to 3839
Shenandoah Avenue, Roanoke, Virginia, near Calvary Chapel of Roanoke, upon
certain terms and conditions.
The abovereferenced measures were adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, September 15,2008.
Sincerely,
(Y). ~
Stephanie M. Moon, CMC
City Clerk
S M M :ew
Attachment
Darlene L. Burcham
September 16, 2008
Page 2
pc: David A. Morgan, General Manager, Greater Roanoke Transit Company,
P. O. Box 13247, Roanoke, Virginia 24032
Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
p:1,
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of September, 2008.
No. 38230-091508.
AN ORDINANCE allowing a bus shelter encroachment that extends variable distances into
the public rights-of-way located at 1802 Liberty Road, N.W., Roanoke, Virginia, adjacent to Lincoln
Terrace Elementary School, upon certain terms and conditions; and dispensing with the second
reading of this Ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Authorization is hereby granted to permit a bus shelter encroachment into the public
rights-of-way at 1802 Liberty Road, N.W., Roanoke, Virginia, adjacent to Lincoln Terrace
Elementary School, consisting of a Greater Roanoke Transit Company, tJa Valley Metro (GRTC)
owned bus shelter that will be located in the City's rights-of-way, all as more fully shown on a
drawing dated July 15, 2008, prepared by the Office ofthe City Engineer, which drawing is attached
to the City Manager's letter dated September 15,2008, to this Council. This Ordinance shall be the
permit authorizing such encroachment. The City Manager and City Clerk are also authorized to
execute and attest, respectively, in a form approved by the City Attorney, any additional necessary
documents to permit such encroachment, subject to the terms and conditions set forth in this
Ordinance.
2. It shall be agreed by the undersigned owner of the bus shelter, GRTC, that in
maintaining such encroachment, GRTC and its grantees, assigns, or successors in interest shall and
do agree to be responsible for the installation, maintenance, operation, repair, cleaning, and, if
O-bus shelter encroachment-Liberty. doc
.. . \j",.
1
requested by the City the removal of such bus shelter and restoration of such rights-of-way. Such
bus shelter shall be in compliance with applicable laws, including the Americans with Disabilities
Act. GRTC shall also be responsible for any claims for injuries or damages to persons or propeliy
that may arise by reason of the above-described encroachment.
3. GRTC, its grantees, assigns, or successors in interest shall for the duration of this
permit, maintain on file with the City Clerk's Office evidence of insurance coverage for such bus
shelter in an amount not less than $1,000,000 of commercial gerieralliability insurance. The
certificate of insurance must list the City of Roanoke, its officers, agents, and employees as
additional insureds, and an endorsement by the insurance company naming these parties as additional
insureds must be received within thirty (30) days of passage of this Ordinance. The certificate of
insurance shall state that such insurance may not be canceled or materially altered without thirty (30)
days written advance notice of such cancellation or alteration being provided to the Risk
Management Officer for the City of Roanoke.
4. The City Clerk shall transmit an attested copy of this Ordinance to the General
Manager for GRTC at 1108 Campbell Avenue, S.B., Roanoke, Virginia 24013.
5. This Ordinance shall be in full force and effect at such time as a copy, duly signed
and acknowledged by the GRTC, has been filed by GRTC in the City Clerk's Office for the City of
Roanoke and shall remain in effect only so long as a valid, current certificate of insurance evidencing
the insurance required in Paragraph 3 above is on file in the City Clerk's Office, or until the City
requires the removal of such bus shelter, which may be done in the sole discretion of the City by
sending written notice to GRTC to remove such bus shelter.
O-bus shelter encroachment-Liberty.doc
2
6. Pursuant to Section 12 ofthe City Charter, the second reading of this Ordinance
by title is hereby dispensed with.
ATTEST:
~"i
,.. ,
,.(:.!~... '..,~~
f. I. ;
: ' t
City Clerk.
I, David A. Morgan, General Manager for GRTC, and on behalf of GRTC, state that GRTC will
comply with the provisions of this Ordinance as stated above.
David A. Morgan, General Manager, GRTC
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, a Notary Public in and for the State and City aforesaid, do certify that the foregoing
instrument was acknowledged before me this _ day of
, 2008, by David A.
Morgan, General Manager for GRTC.
My Commission expires:
Notary Public
O-bus shelter encroachment-Uberty. doc
3
I,
for GRTC, and qn behalf of GRTC,
state that GR TC will comply with the provisions of this Ordinance as stated above.
Printed Name and Title
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, a Notary Public in and for the State and City aforesaid, do certify that the foregoing
instrument was acknowledged before me this
day of
, 2008, by
for GRTC.
My Commission expires:
Notary Public
O-bus shelter encroachment-Liberty. doc
4
/\"
P'\'
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of September, 2008.
No. 38231-091508.
AN ORDINANCE allowing a bus shelter encroachment that extends variable distances into
the public rights-of-way located on Westside Boulevard, N.W., adjacent to 3839 Shenandoah
Avenue, Roanoke, Virginia, near Calvary Chapel of Roanoke, upon certain terms and conditions;
and dispensing with the second reading of this Ordinance by title.
BE IT ORDAlNED by the Council of the City of Roanoke as follows:
1. Authorization is hereby granted to permit a bus shelter encroachment into the public
rights-of-way located on Wests ide Boulevard, N.W., adjacent to 3839 Shenandoah Avenue,
Roanoke, Virginia, near Calvary Chapel of Roanoke, consisting of a Greater Roanoke Transit
Company, t/a Valley Metro (GRTC) owned bus shelter that will be located in the City's rights-of-
way, all as more fully shown on a drawing dated July 15, 2008, prepared by the Office ofthe City
Engineer, which drawing is attached to the City Manager's letter dated September 15,2008, to this
Council. This Ordinance shall be the permit authorizing such encroachment. The City Manager and
City Clerk are also authorized to execute and attest, respectively, in a form approved by the City
Attorney, any additional necessary documents to permit such encroachment, subj ect to the terms and
conditions set forth in this Ordinance.
2. It shall be agreed by the undersigned owner of the bus shelter, GRTC, that in
maintaining such encroachment, GR TC and its grantees, assigns, or successors in interest shall and
do agree to be responsible for the installation, maintenance, operation, repair, cleaning, and, if
O-bus shelter encroachment-Shenandoah. doc
1
requested by the City the removal of such bus shelter and restoration of such rights-of-way. Such
bus shelter shall be in compliance with applicable laws, including the Americans with Disabilities
Act. GRTC shall also be responsible for any claims for injuries or damages to persons or property
that may arise by reason of the above-described encroachment.
3. GRTC, its grantees, assigns, or successors in interest shall for the duration of this
permit, maintain on file with the City Clerk's Office evidence of insurance coverage for such bus
shelter in an amount not less than $1,000,000 of commercial general liability insurance. The
certificate of insurance must list the City of Roanoke, its officers, agents, and employees as
additional insureds, and an endorsement by the insurance company naming these parties as additional
insureds must be received within thirty (30) days of passage of this Ordinance. The certificate of
insurance shall state that such insurance may not be canceled or materially altered without thirty (30)
days written advance notice of such cancellation or alteration being provided to the Risk
Management Officer for the City of Roanoke.
4. The City Clerk shall transmit an attested copy of this Ordinance to the General
Manager for GRTC at 1108 Campbell Avenue, S.E., Roanoke, Virginia 24013.
5. This Ordinance shall be in full force and effect at such time as a copy, duly signed
and acknowledged by the GRTC, has been filed by GRTC in the City Clerk's Office for the City of
Roanoke and shall remain in effect only so long as a valid, current certificate ofinsurance evidencing
the insurance required in Paragraph 3 above is on file in the City Clerk's Office, or until the City
requires the removal of such bus shelter, which may be done in the sole discretion of the City by
sending written notice to GRTC to remove such bus shelter.
O-bU5 shelter encroachment-Shenandoah. doc
2
6. Pursuant to Section 12 ofthe City Charter, the second reading of this Ordinance
by title is hereby dispensed with.
ATTEST:
~rn..'n"&
I r I
City Clerk: \
I, David A. Morgan, General Manager for GRTC, and on behalf of GRTC, state that GRTC will
comply with the provisions of this Ordinance as stated above.
David A. Morgan, General Manager, GRTC
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, a Notary Public in and for the State and City aforesaid, do certify that the foregoing
instrument was acknowledged before me this _ day of
,2008, by David A.
Morgan, General Manager for GRTC.
My Commission expires:
Notary Public
O-bus shelter encroachment-Shenandoah. doc
3
I,
for GRTC, and on behalf of GRTC,
state that GRTC will comply with the provisions ofthis Ordinance as stated above.
Printed Name and Title
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, a Notary Public in and for the State and City aforesaid, do certify that the foregoing
instrument was acknowledged before me this
day of
, 2008, by
for GRTC.
My Commission expires:
Notary Public
O-bus shelter encroachment-Shenandoah.doc
4
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
September 15, 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:
Encroachment into the
Public Rights-of-Way for
GRTC Bus Shelters at
1802 Liberty Road and on
Westside Blvd., NW,
adjacent to 3839
Shenandoah'Avenue
The Greater Roanoke Transit Company, t/a Valley Metro (GRTC) has
initiated a bus stop enhancement program, which will include the
installation of approximately sixteen new bus stop shelters. Such shelters
will be provided using funds that were awarded by a grant from the
Federal Transit Administration to GRTC.
The shelters will be located at various locations throughout the City and
will be placed where the most passengers will benefit from the installation
of such bus shelters. The first two bus shelters to be placed in the public
rights-of-way are now ready to be installed. These two bus shelters require
encroachments into the public rights-of-way and GRTC has requested that
City Council approve such encroachments.
The above mentioned two bus shelters will be located at the following
locations:
At 1802 Liberty Road adjacent to Lincoln Terrace Elementary School.
On Westside Boulevard, NW, adjacent to 3839 Shenandoah Avenue near
Calvary Chapel of Roanoke.
Honorable Mayor and Members of City Council
September 15, 2008
Page 2
The proposed bus shelters measure 4 feet wide, 9 feet 7 inches long, and
8 feet 3-5/8 inches tall, and are ADA compliant. GRTC will own and be
responsible for the installation and maintenance of such shelters.
Attached are drawings for each location showing where the bus shelter will
be placed. Also, attached is a photo of what the bus shelter will look like.
Recommended Actions:
Adopt the two attached Ordinances authorizing the encroachments
described above, subject to the terms and conditions set out in the
Ordinances.
Respectfully submitted,
DLB/rls
,c: Stephanie M. Moon, City Clerk
Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
Brian K. Brown, Economic Development Administrator
David A. Morgan, General Manager, GRTC
Cassandra L. Turner, Economic Development Specialist
CM08-00154
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: cIerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
September 16, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38232-091508 transferring funds
from the departmental Technology Billings account to departmental Xerox
Lease account, and amending and reordaining certain sections of the 2008-
2009 General, Civic Facilities, Department of Technology and Fleet Management
Funds Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, September 15, 2008, and is in
full force and effect upon its passage.
Sincerely,
~/t,.~
Stephanie M. Moon, CMC
City Clerk
S M 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
Roy M. Mentkow, Director of Technology
v
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of September, 2008.
No. 38232-091508.
AN ORDINANCE to transfer funding from the departmental Technology
Billings account to departmental Xerox Lease account, amending andreordaining
certain sections of the 2008-2009 General, Civic Facilities, Department of Technology
and Fleet Management Funds Appropriations, and dispensing with the second reading
by title ofthis ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2008-2009 General, Civic Facilities, Department of Technology and
Fleet Management Funds Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
General Fund
Appropriations
Xerox Lease
Xerox Lease
Xerox Lease
Xerox Lease
Xerox Lease
Xerox Lease
Xerox Lease
Xerox Lease
Xerox Lease
Xerox Lease
Xerox Lease
Xerox Lease
Xerox Lease
Xerox Lease
Xerox Lease
Xerox Lease
Xerox Lease
Xerox Lease
Xerox Lease
Xerox Lease
Xerox Lease
Xerox Lease
Xerox Lease
01-110-1234-3045
01-121-2130-3045
01-124-2120-3.045
01-130-1233-3045
01-140-331 0-3045
01-210-1220-3045
01-220-1120-3045
01-240-1240-3045
01-250-1232-3045
01-250-1231-3045
01-250-1235-3045
01-260-1310-3045
01-300-1211-3045
01-410-1212-3045
01-340-1261-3045
01-440-1237-3045
01-520-3211-3045
01-530-1280-3045
01-530-4310-3045
01-530-421 0-3045
01-610-8113-3045
01-610-8110-3045
,01-:-620-4360-3045
$ 3,606
4,801
3,143
2,442
17,697
4,288
15,558
3,339
4,801
10,019
2,442
2,442
4,324
4,815
5,243
4,684
3,990
3,239
6,927
3,928
5,066
11 ,998
7,267
Xerox Lease 01-640-3114-3045 28,983
Contingency 01-300-9410-2199 5,835
DOT Billings 01-110-1234-7005 (3,606)
DOT Billings 01-121-2130-7005 (4,801 )
DOT Billings 01-124-2120-7005 (3,143)
DOT Billings 01-130-1233-7005 (2,442)
DOT Billings 01-140-3310-7005 (17,697)
DOT Billings 01-210-1220-7005 (4,288)
DOT Billings 01-220-1120-7005 (15,558)
DOT Billings 01-240-1240-7005 (3,339)
DOT Billings 01-250-1232-7005 (4,801 )
DOT Billings 01-250-1231-7005 (10,019)
DOT Billings 01-250-1235-7005 (2,442)
DOT Billings 01-260-1310-7005 (2,442)
DOT Billings 01-300-1211-7005 (4,324)
DOT Billings 01-410-1212-7005 (10,650)
DOT Billings 01-340-1261-7005 (5,243)
DOT Billings 01-440-1237-7005 (4,684 )
DOT Billings 01-520-3211-7005 (3,990)
DOT Billings 01-530-1280-7005 (3,239)
DOT Billings 01-530-4310-7005 (6,927)
DOT Billings 01-530-4210-7005 (3,928)
DOT Billings 01-610-8113-7005 (5,066)
DOT Billings 01-610-8110-7005 (11,998)
DOT Billings 01-620-4360-7005 (7,267)
DOT Billings 01-640-3114-7005 (28,983)
Civic Facilities Fund
Appropriations
Xerox Lease 05-550-2105-3045 9,672
DOT Billings . 05-550-2105-7005 (9,672)
Department of Technoloav Fund
Appropriations
Equipment Rental/Lease 13-430-1601-3070 (187,749)
Printing 13-430-1601-2075 (109,000)
Revenues
Xerox Lease - General Fund 13-110-1234-1952 (109,000)
Overhead - General Fund 13-110-1234-0952 (170,877)
Civic Facilities Fund 13-11 0-1234-0956 (9,672)
Fleet Management Fund 13-110-1234-0966 (7,200)
Fleet Managment Fund
Appropriations
Xerox Lease 17 -440-2641-3045 7,200
DOT Billings 17 -440-2641-7005 (7,200)
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'
4-4-, /)... / :)..V" lY\c Oy
A~qni. . . e'"'
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
September 15, 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:
Xerox Contract
Background:
The City of Roanoke entered into a contract with the Xerox Corporation for multi-
functional devices in FY 2002. The contract allowed for the leasing of equipment
and service for a period of 60 months. A new contract, effective August 1, 2008,
was entered into with Xerox as a sole-source provider for a period of 5 additional
years after which a Request for Proposals (RFP) will be issued for multi-function
device leasing and service.
Considerations:
Previously, the Department of Technology was responsible for the expensing of all
costs associated with the Xerox contract and individual units were billed for the
appropriate proportion of the costs on a quarterly basis for leasing of equipment
as well as specialty printing jobs and copy overages on individual machines.
Under the new contract, Xerox will direct bill departments for costs associated with
equipment leasing as well as special printing jobs and copies made in excess of the
allowable amount on a monthly basis. Funding for the equipment leasing costs was
included in the adopted budget in object code 7005 - DOT Billings. This funding
needs to be transferred to object code 3045 - Xerox Lease so that departments can
pay the individual bills on a monthly basis. The Department of Technology will
continue to expense the costs for the Xerox technicians which are housed on-site
as well as costs associated with DOT printers/devices.
Honorable Mayor and Members of City Council
September 15, 2008
Page 2
Funding for special printing jobs and copies made in excess of the allowable
amount was adopted as a part of the Technology Fund budget for FY 2009.
Because departments will be direct billed for these items, the revenue and
expenditure budget for the Technology Fund needs to be decreased.
The City of Roanoke will benefit from decreased costs of $28,835 per annum
associated with the new contract. A portion of the savings, $23,000, will be utilized
to restore the full-time availability of a Xerox Technician which had been reduced
to half-time with FY 2009 budget adoption. The remaining savings associated with
the new contract, $5,835, will be placed in City Manager Contingency.
Recommended Action:
Adopt the accompanying budget ordinance to:
Transfer funding in the amount of $181,914 from the departmental Technology
Billings account (7005) to the departmental Xerox Lease account (3045).
Transfer the remaining savings in the amount of $ 5,83 5 to City Manager
Contingency (01-300-9410-2199).
Decrease the Technology Fund revenue and expenditure budgets in the following
manner:
Equipment Leasing:
· Equipment Rental/Lease (13-430-1601-3070)
· Internal Service Fund Billing to the
General Fund (13-110-1234-0952)
Civic Facilities Fund (13-110-1234-0956)
Fleet Management Fund (13-110-1234-0966)
($187,749)
($170,877)
($ 9,672)
($ 7,200)
Overages and Specialty Printing
· Printing
· Internal Service Fund Billing
to the General Fund
(13-430-1601-2075)
(1 3 - 11 0- 1 234- 1 952)
($109,000)
($109,000)
Darlene L. Bur ham
City Manager
Honorable Mayor and Members of City Council
September 15, 2008
Page 3
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
Roy M. Mentkow, Director of Technology
CM08-00145
Civic Facilities
Fleet Management
Unit
2105
2
Tr'ansferfrom DoT
790~
9,672.00
7,200.00
16,872.00
Total Other Funds:
3,339.00
4,801.00
0.00
4,288.00
15,558.00
4,324.00
2,442.00
4,801.00
4,815.00
10,019.00
3,239.00
0.00
0.00
6,927.00
3,990.00
3,143.00
5,066.00
5,243.00
7,267.00
11,998.00
28,983.00
4,684.00
2,442.00
2,442.00
17,697.00
0.00
3,928.00
3,606.00
165,042.00
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-254]
Fax: (540) 853-1145
E-mail: cIerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHAN]E M. MOON, CMC
City Clerk
CECEL]A R. TYREE
Assistant Deputy City Clerk
September 16, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Resolution No. 38233-091 508 affirming authorization to
pick up the employee's contribution to Virginia Retirement Systems for the City
of Roanoke Plan 5521 7 under s414(h) of the Internal Revenue Code. .
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, September 15, 2008.
Sincerely,
~'rY).~~
Stephanie M. Moon, CMC
City Clerk
S M M :ew
Attachment
pc: Robert P. Schultze, Director, Virginia Retirement System, Virginia
Retirement System, P. O. Box 2500, Richmond, Virginia 23218-2500
The Honorable Octavia L. Johnson, Sheriff
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Sherman M. Stovall, Director, Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of September, 2008.
No. 38233-091508.
A RESOLUTION affirming authorization to pick up the employee's contribution to
Virginia Retirement Systems, (VRS) for City of Roanoke plan 55217 under g414(h) of the
Internal Revenue Code.
WHEREAS, the City of Roanoke provides some employees in its pay and classification
system with tax deferral pursuant to 9 414(h) of the Internal Revenue Code with respect to their
member contributions to the Virginia Retirement System (referred to as VRS) by picking up
member contributions to VRS;
WHEREAS, VRS keeps track of such picked up member contributions, and treats such
contributions as employee contributions for all purposes ofVRS;
WHEREAS, the Internal Revenue Service in Notice 2006-43 has provided transition
relief for existing pick up arrangements provided that an authorized person takes formal action to
evidence the establishment of the pick up arrangement no later than January 1,2009; and .
WHEREAS, in order to avail itself of the protection given under Notice 2006-43, the City
of Roanoke desires to affirm its intention to establish and maintain a pick up arrangement
through formal action by City Council.
NOW, THEREFORE, BE IT RESOLVED by the Council ofthe City of Roanoke that:
1. The existing member contribution pick up . arrangement is hereby affirmed as it
relates to salary reduction elections in effect prior to the date of this Resolution.
2. Effective the first pay day on or after July 1, 1981, the City of Roanoke has
picked up member contributions of certain employees in its pay and classification system to
VRS, and such contributions shall be treated as employer contributions in determining tax
treatment under the Internal Revenue Code of the United States.
3. Such contributions, although designated as member contributions, are to be made
by the City of Roanoke in lieu of member contributions.
4. Pick up member contributions shall be paid from the same source of funds as used
in paying the wages to affected persons. .
5. Member contributions made by the City of Roanoke under the pick up
arrangement shall be treated for all purposes other thari income taxation, including but not
limited to VRS benefits, in the same manner and to the same extent as member contributions
made prior to the pick up arrangement.
6. Nothing herein shall be construed so as to permit or extend an option to VRS
members to receive the pick up contributions made by the City of Roanoke directly instead of
having them paid to VRS.
7. Notwithstanding any contractual or other provisions, the contributions of each
member of VRS who is in the pay and classification plan of the City of Roanoke shall be picked
up using the method under which the employer will pay the employee's statutorily required
contributions to VRS and the salary will not be modified.
ATTEST:
~fr). .fvto>\'
City Clerk.
2
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
September 15, 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:
Affirmation of Authorization to "Pick up" the Employee's Contribution to VRS
for City of Roanoke Sheriff's Office Officers and Employees
Employees and officers of the City of Roanoke Sheriff's Department participate in the
Virginia Retirement System (VRS). Contributions required to fund this benefit are
separated into two parts; an employer rate actuarially determined on a bi-annual basis,
and an employee/member rate established at 5% of eligible compensation. The City of
Roanoke funds both components, and began paying the employee/member's portion (the
"pick up" portion) of this benefit July 1, 1981. Many Virginia localities pay the "pick up"
employee portion on behalf of their employees.
The Internal Revenue Service (IRS) recently issued a ruling requiring governmental
employers to demonstrate "formal authorization" of their "pick up" plans. A "pick up"
plan allows the VRS employee/member contribution (5%) to be treated on a pre-tax basis.
Formal authorization can be accomplished through City Council adoption of a resolution.
Recommendation:
Adopt the accompanying resolution formally affirming the City of Roanoke's intention to
maintain the "pick up" arrangement established by Ordinance 25608 on June 8, 1981
effective July 1, 1981, whereby the City pays the employee/member contribution rate.
Sincer:ely,
m~Vv~
Ann H. Shawver
Director of Finance
~_i.. I::::' .~': ~:. ...~::
1''1
",' ,Jr. ;"1
",. ';fJ/II'
Honorable Mayor and Members of Council
September 15, 2008
Page 2
c: The Honorable Octavia L. Johnson, Sheriff
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Robert P. Schultze, Director, Virginia Retirement System
, I ~,:~ ..'~ r "~'~: ::", .17';: .~ f:;O ': ~,.':;!~!
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
September'15,2008
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: July Financial Report
The adopted revenue estimate for FY09 totals $259.9 million representing a 2.9%
increase over the adopted budget for FY08. Additional sources of revenue include
'projected increases in Real Estate tax, as well as projected growth in
Telecommunications, Consumer Utility, Cigarette, and Prepared Food and
Beverage taxes. These expected increases are partially offset by anticipated
declines in other areas due to current economic conditions as well as State budget
cuts. Revenues with projected decreases over the prior fiscal year include Sales
tax, Business License, Housing of Federal Prisoners, and various other State
revenues.
Revenues
The City's revenue recognition practices call for accrual back to the prior year of
Honorable Mayor and Members of Council
September 15, 2008
Page 2
revenues received within the first sixty days of a fiscal year provided the taxes
relate to the period through June 30th. Therefore, for example, real estate and
personal pr~perty taxes collected during July and August but billed by June 30th
may be reported as revenue of fiscal year 2008. This practice results in many
negative revenue amounts as of the end of our first fiscal month, July, as the
collections made during one month do not fully offset the effect of reversing
prior year accruals. Also, variances in amounts accrued from one fiscal year to
another can cause large fluctuations in the revenue amounts in the early months
of one fiscal year versus another. The City's revenue trends will smooth and
become more meaningful for comparison after the first quarter of the year.
This financial report covers the first month of activity for FY09. The revenue
recognition policies as described explain the variances in the total General Fund
,
revenues as well as the individual categories of General Property Taxes, Other
Local Taxes and Grants-in-Aid Commonwealth. All three categories are
significant components of the City's revenue base and all are impacted by year
end accruals.
Commentary on other variances are shown below.
Permits. Fees and Licenses increased over the prior year due in part to the
quantity of building and inspection permits obtained. Also contributing to the
growth is an increase in dog licenses which have grown following legislation
effective last year to require veterinarians to report detail of rabies vaccinations
to localities. This process has resulted billings to residents who had not
previously obtail1ed a dog license.
Fines and Forfeitures decreased from the prior year primarily due to the number
of parking tickets issued. A reduction in General District Court fines also
contributed to the variance.
Revenue from the Use of Money and Property increased from FY08 due to the
timing 'of rental payments received from the Federal Government for the
Honorable Mayor and Members of Council
September 15, 2008
Page 3
Commonwealth building contract.
Charqes for Services decreased from the prior year attributed to a decline in the
number of federal prisoners housed at our jail. Many federal prisoners are now
being housed at the new regional jail in Abingdon. Also contributing to the
variance is a decrease in the collection of Emergency Medical Services charges
due to a significant amount of delinquent charges being collected in FY08 after
a change in contracted billing management.
Internal Services revenues grew over the prior year due to the difference in the
accrual of Roanoke Regional Airport fire station billing. In FY08 the accrual
reversed in July, however the actual billing did not occur until August. Building
Maintenance billings as well as the School Board's share of Comprehensive
Services Act expenses also contributed to the growth.
Miscellaneous Revenue decreased due to the accrual reversal and timing of the
collection from Roanoke Regional Housing Authority for Payment in Lieu of
Taxes.
Expenditures:
The fiscal year 2009 expenditure budget totals $261.4 million and includes
funding of approximately $1.4 million to cover contracts and purchase orders
made during fiscal year 2008 but not paid by the end of that year.
The General Fund expenditures and encumbrances for July were $23.5 million.
Compared to the prior year, these expenditures in total represent a decrease of
7.1 % or $1.8 million. The timing of Transfers from the General Fund to other
funds and the timing of contracts for Public Safety expenditures are the primary
reasons for this decrease. The decrease is offset by a significant increase in
spending by Public Works. Both increases and decreases are discussed below in
detail. In fiscal year 2009 the average employee pay raise was 2%, which caused
Honorable Mayor and Members of Council
September 15, 2008
Page 4
a slight increase in many categories of expenditures. The variances detailed
below are in addition to this rise in personnel cost.
Public Safety expenditures decreased 27.3% or $2.0 million due to a timing
difference in two large encumbrances for the Jail. The annual contracts for
Prison Health Services and Jail Food Services were finalized in August. Similar
contracts were finalized in July during the prior year.
Public Works expenditures increased 162.1 % or $3.7 million due to the Public
Works department solidifying contracts early in the year to minimize the rising
costs of Street Paving expenditures. The Street Paving budget was increased
$570,977 over the prior year and, unlike the prior year, the majority of the
budget was encumbered in July. The resulting variance of $3.5 million is
expected to narrow significantly in August:
Parks. Recreation. and Culture expenditures increased 21.9% or $251,717. The
variance is primarily due to Parks and Recreation Administration expenditures
for Event Zone and Subsidies, which is wholly due to timing.
Community Development expenditures decreased 24.8% or $249,690 due to
decreased spending on Memberships and Affiliations. This variance is primarily
due to timing.
Nondepartmental expenditures decreased 83.9% or $3.9 million. There were
significant variances in transfers to the Capital Projects Fund and the Greater
Roanoke Transit Company. The variance of $4.1 million in transfers due to the
Capital Projects Fund is reflective of a decrease in budget and a change in the
payment schedule. The first transfer to the Capital Projects Fund will occur in
December. Transfers to the Greater Roanoke Transit Company have increased
100.6% or $378,818 over the prior year due to a change in the frequency of
payments. Payments are now being made semi-annually instead of quarterly to
assist with their cash flow needs.
Honorable Mayor and Members of Council
September 15, 2008
Page 5
Sincerely,
w~
Ann H. Shawver
Director of Finance
AHS:lvc:dh
Attachment
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
James Grigsby, Assistant City Manager
R. Brian Townsend, Assistant City Manager
Sherman M. Stovall, Director of Management and Budget
F
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
STATEMENT OF REVENUE (UNAUDITED)
Year to Date for the Period Current Fiscal Year
Percent of
Revised Revenue
July 1 . July 31 July 1 . July 31 Percentage Revenue Estimate
Revenue Source 2006.2007 2008-2009 of Change Estimates Received
General Property Taxes $ (550,303) $ (691,429) -25.6 % $ 101,584,000 -0.7%
Other Local Taxes (1,935,905) (2,096,409) -8.3 % 74,724,000 -2.8%
Permits, Fees and Licenses 76,444 87,425 14.4 % 1,266,000 6.9%
Fines and Forfeitures 132,158 112,095 -15.2 % 1,535,000 7.3%
Revenue from Use of
Money and Property 29,192 57,341 96.4 % 784,000 7.3%
Grants-in-Aid .Commonwealth (1,688,420) (2,583,699) -53.0 % 68,730,652 -3.8%
Grants-in-Aid Federal Government (19,385) -100.0 % 38,000 0.0%
Charges for Services 1,145,811 501,604 -56.2 % 8,111,000 6.2%
Internal Services 35,158 122,897 249.6 % 2,652,000 4.6%
Miscellaneous Revenue 56,890 (11,535) 120.3 % 522,000 -2.2%
Total $ (2,718,360) $ (4,501,710) -65.6 % $ 259,946,652 -1.7%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES (UNAUDITED)
Year to Date for the Period Current Fiscal Year
Percent of
July 1 . July 31 July 1 . July 31 Percentage Unencumbered Revised Budget
Expenditures 2006.2007 2008-2009 of Change Balance Appropriations Obligated
General Government $ 1,141,904 $ 1, 128,088 . -1.2 % $ 12,386,167 $ 13,514,255 8.3%
Judicial Administration 496,505 527,943 6.3 % 7,762,322 8,290,265 6.4%
Public Safety 7,173,437 5,217,554 -27.3 % 56,640,777 61,858,331 8.4%
Public Works 2,256,047 5,913,340 162.1 % 21,191,933 27,105,273 21.8%
Health and Welfare 2,273,005 2,465,880 8.5 % 37,357,026 39,822,906 6.2%
Parks, Recreation and Cultural 1,149,597 1,401,314 21.9 % 9,907,364 11,308,678 12.4%
Community.Development 1,007,925 758,235 -24.8 % 5,369,009 6,127,244 12.4%
Transfer to Debt Service Fund 55,138 54,838 -0.5 % 21,096,041 21,150,879 0.3%
Transfer to School Fund 5,115,553 5,278,955 3.2 % 58,068,506 63,347,461 8.3%
Nondepartmental 4,603,545 740,615 -83.9 % 8,123,891 8,864,506 8.4%
Total $ 25,272,656 $ 23,486,762 -7.1 % $ 237,903,036 $ 261,389,798 9.0%
CITY OF ROANOKE, VIRGINIA
CIVIC FACILITIES FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE MONTH ENDED JULY 31, 2008
(UNAUDITED)
FY 2009 FY 2008
OperatinQ Revenues
Rentals $ 61,330 $ 50,149
Event Expenses 11,058 9,311
Display Advertising 4,167 4,167
Admissions Tax 21,566 1 ,7 43
Electrical Fees 12,389 9,060
Novelty Fees 8,028
Facility Surcharge 11,056
Charge Card Fees 5,999 156
Commissions 3,684 15
Catering/Concessions 190
Total Operating Revenues 139,277 74,791
OperatinQ Expenses
Personal Services 127,764 157,669
Operating Expenses 75,170 71,440
Depreciation 72,617 72,351
Total Operating Expenses 275,551 301,460
Operating Loss (136,274) (226,669)
NonoperatinQ Revenues/(Expenses)
Other 15,227 (11,698)
Investment Income 1,633
Interest Expense (1) (52,615) (54,697)
Net Nonoperating Expenses (35,755) (66,395)
Change in Net Assets $ (172,029) $ (293,064)
(1) Fiscal year 2008 was restated to reflect a correcting entry made later in the year
2
.~
--............~..
CITY OF ROANOKE, VIRGINIA
PARKING FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE MONTH ENDED JULY 31, 2008
(UNAUDITED)
FY 2009 FY 2008
Operatinq Revenues
Market Garage $ 29,113 $ 29,468
Elmwood Park Garage 42,553 41,977
Center in the Square Garage 27,640 17,666
Church Avenue Garage 63,769 49,072
Tower Garage 47,208 38,967
Gainsboro Garage 10,537 8,065
Campbell Garage 1,344
Williamson Lot 7,209 6,969
Higher Ed Center Lot 3,896 5,177
Market Lot 2,352 2,400
Efmwood Lot 5,868 6,088
Warehouse Row Lot 2,310 4,620
West Church/YMCA Lots 2;189 2,189
Parking Violations (All Locations) 915
Total Operating Revenues 246,903 212,658
Operatinq Expenses
Operating Expenses 94,416 64,803
Depreciation 67,903 56,201
Total Operating Expenses 162,319 121,004
Operating Income 84,584 91,654
Nonoperatinq Revenues/(Expenses)
Investment Income 7,828 11 ,422
Interest Expense (27,032) (20,564)
Net Nonoperating Expenses (19,204) (9,142)
Income Before Transfers and Contributions 65,380 82,512
Transfers and Contributions
Transfers In 2,911 3,220
Net Transfers and Contributiqns 2,911 3,220
Change in Net Assets $ 68,291 $ 85,732
,
3
CITY OF ROANOKE, VIR~INIA
MARKET BUILDING FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE MONTH ENDED JULY 31, 2008
(UNAUDITED)
FY 2009
FY 2008
Operatina Revenues
Charges for Services
$
19,929
$
23,033
Total Operating Revenues
19,929
23,033
Operatina Expenses
Other Services and Charges
Depreciation
9,047
7,987
17,034
2,496
7,987
10,483
Total Operating Expenses
Operating Income 2,895 12,550
Nonoperatina Revenues
Investment Income 1,006 2,595
Net Nonoperating Revenues 1,006 2,595
Change in Net Assets $ 3,901 $ 15,145
4
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED JULY 31,2008
TO THE DIRECTOR OF FINANCE:
GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA
FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED JULY 31, 2008.
BALANCE AT
JUN 30,2008
CONSOLIDATED FUNDS $127,618,752,27
RECEIPTS
$32,271,889,20
BALANCE AT
DISBURSEMENTS JUL 31,2008
$45,341,445.50 $114,549,195.97
BALANCE AT
JUL 31,2007
$95,293,749.05
CERTIFICATE
I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY
TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF
FOR THE MONTH ENDING JULY 31,2008. THAT SAID FOREGOING:
CASH
CASH IN HAND
CASH IN BANK
INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS:
lOCAL GOVERNMENT INVESTMENT POOL
SUNTRUST INSTITUTIONAL MONEY MARKET
U, S, AGENCIES
VIRGINIA AIM PROGRAM (U. S, SECURITIES)
VIRGINIA SNAP PROGRAM (U. S. SECURITIES)
TOTAL
$17,276.25
8,022,856.34
35,224,872.35
17,360,280.21
11,000,000.00
9,557,186.60
33,366,724.22
$114,549,195.97
AUGUST 25, 2008
~~06ER~R
5
CITY OF ROANOKE PENSION PLAN
STATEMENT OF CHANGES IN PLAN NET ASSETS
FOR THE MONTH ENDED JULY 31,2008
(UNAUDITED)
FY 2009 FY 2008
Additions/(Red uctions):
Employer Contributions $ 874,086 $ 502,539
Investment Income
Net Depreciation in Fair Value of Investments (5,487,702) (6,823,736)
Interest and Dividend Income 1,430,884 459,289
Total Investment Loss (4,056,818) (6,364,447)
Less Investment Expense (170,109) (107,074)
Net Investment Loss (3,886,709) (6,257,373)
Total Additions/(Reductions) $ (3,012,623) $ (5,754,834)
'j
Deductions
Benefits Paid to Participants
Administrative Expenses
Total Deductions
$ 2,160,042
(11,496)
2,148,546
$ 2,061,291
86
2,061,377
Net Decrease
(5,161,169)
(7,816,211)
Net Assets Held in Trust for Pension Benefits:
. Fund Balance July 1
Fund Balance July 31
344,383,415
$ 339,222,246
378,571,495
$ 370,755,284
Notes: Negative expense amounts reflect the reversal of accrual accounting entries made for
fiscal year-end reporting purposes.
Increase in employer contributions is a timing difference due to a change in the method
of accounting for retirement contributions throughout the fiscal year. The actual
required contribution rate deceased by approximately 2%.
6
CITY OF ROANOKE PENSION PLAN
STATEMENT OF PLAN NET ASSETS
JULY 31, 2008
(UNAUDITED)
FY 2009 FY 2008
Assets
Cash $ 1,736,518 $ 1,534,095
Investments, at Fair Value 339,317,250 371,282,565
Due from Other Funds 329,168
Total Assets $ 341,382,936 $ 372,816,660
Liabilities and Fund Balance
Liabilities:
Due to Other Funds
$2,160,690
$
2,061,376
Total Liabilities
2,160,690
2,061,376
Net Assets Held in Trust For Pension Benefits
$ 339,222,246
$ 370,755,284
7
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva,gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
September 16, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38234-091508 appropriating
funds from the Federal and Commonwealth governments, local grants, local
, match, and fees, and amending and reordaining certain sections of the 2008-
2009 School Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of,
Roanoke at a regular meeting held on Monday, September 15, 2008, and is in
fu II force and effect upon its passage.
Sincerely,
.~~
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
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
Sherman M. Stovall, Director, Management and Budget
\c\
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of September, 2008.
No. 38234-091508.
AN ORDINANCE to appropriate funding from the Federal and Commonwealth
governments, local grants, local match, and fees 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
Testing Fee Tuition
Professional Development
Materials and Supplies
Supplies
Teachers
Instructional Assistants
Social Security
Secretary/Clerical
Retirement Health
Virginia Retirement System
General Liability Insurance
Materials and Other Supplies
Staff Development
Equipment
City Jail - Teachers
City Jail - Social Security
Revenues
State GrantReceipts
Local Grant Receipts
Federal Grant Receipts
Local Match
Federal Grant Receipts
State Grant Receipts
Federal Grant Receipts
Fees - Jail
302-170-0000,.0000-315C-61100-45584-9-00
302-11 0-1305-0000-752C-611 00-45554-9-00
302-11 0-1305-0000-752C-611 00-46601-9-00
302-120-0000-0000-111 C-611 00-46614-9-02
302-160-0000-1304-101 C-61100-41121-9-07.
302-160-0000-1304-101 C-61100-41141-9-07
302-160-0000-1304-101C-61100-42201-9-07
302-160-0000-1304-101 C-611 00-41151-9-07
302-160-0000-1304-101 C-611 00-42200-9-07
302-160-0000-1304-101 C-611 00-42202-9-07
302-160-0000-1304-101 C-611 00-42205-9-07
302 -160-0000-1 304-1 01 C-611 00-41121-9-07
302-160-0000-1304-101 C-611 00-45586-9-07
302-170-0000-1160-354C-61100-00000-3-03
302-160-0000-1050-1 03C-611 00-41121-9-07
302-160-0000-1050-1 03C-611 00-42201-9-07
302-000-0000-0000-315C-00000-32349-9-00
302-110-1305-0000-752C-00000-33813-9-00
302-000-0000-0000-111 C-00000-38027 -0-00
302-000-0000-0000-101 C-00000-34588-0-00
302-000-0000-0000-101 C-00000-38002-0-00
302-000-0000-0000-354C-00000-38048-3-03
302-000-0000-0000-103C-00000-38002-0-00
302-000-0000-0000-103C-00000-33808-0-00
$ 9,132
5,700
300
29,313
(526)
1,040
(321 )
(1,141)
38
120
8
(905)
5,000
12,294
15,494
1,144
9,132
6,000
29,313
700
2,613
12;294
11 ,468
, 5,170
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~q:i,~V.~,{tr · ~byV
City Clerk.
CITY OF ROANOKE
SCHOOL BOARD
. P.O. Box 13145, ROANOKE, VA 24031 .540-853-2381 .540-853-2951
September 15, 2008
The Honorable David Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action at its September 9 meeting, the Board
respectfully requests the appropriation of the following funds:
t) $16,638.00 for the Adult Education in the Jail program to provide funds to be
used for instruction to inmates in the Roanoke City Jail to aid in their
acquisition of the GED certificate. This continuing program will be reimbursed
by federal funds in the amount of $11,468.00 and by fees in the amount of
$5,170.00.
t) $12,294.08 for the purchase of Career and Technical Education equipment.
This continuing program will be reimbursed one hundred percent by State
funds.
t) $9,132.00 for the Industry Certification Examinations, Licensure Testing, and
Occupational Assessment program to provide for the reimbursement of the
costs associated with student credentialing. This continuing program will be
reimbursed one hundred percent by State funds.
n $6,000.00 for the Marvelous Maps=Meaningful Mathematics program. The
program will bring together secondary mathematics educators from across
Virginia that have been trained in Thinking Maps to develop visual
mathematics resources. This is a new program.
~: $29,313.00 for the Flow Through program to provide aid for the education
and guidance of handicapped students. This continuing program will be
reimbursed one hundred percent by federal funds.
~: $3,313.00 for the Adult Basic Education program to provide funds for the
education of adults who have not completed high school. This continuing
program will be reimbursed by federal funds and matching funds.
The School Board thanks you for your approval of the appropriation requests.
Sincerely,
~~~~
re
cc:
Mr. David B. Carson
Dr. Rita D. Bishop
Mr. Curtis D. Baker
Mrs. Vivian Penn-Timity
Ms. Darlene L. Burcham
Mr. William M. Hackworth
Mrs. Ann H. Shawver
Ms. Dorothy Hoskins (with
accounting details)
~ . :' _ i ' i..' '. '::
., (. . ,,', , .~'-'
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 461
PO Box 1220
Roanoke, Virginia 24011-1220
Telephone: (540) 853-282\
Fax: (540) 853-6\42
ANN H. SHAWVER, CPA
Director of Finance
September 15, 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 September 9 meeting, the Board
respectfully requests that City Council appropriate the following funds:
· $16,638 for the Adult Education in the Jail program to provide funds to
be used for instruction to inmates in the Roanoke City Jail to aid in their
acquisition of the GED certificate. This continuing program will be
reimbursed by Federal funds in the amount of $11,468, and by fees in
the amount of $5,170.
· $12,294 for the purchase of Career and Technical Education equipment.
This continuing program will be reimbursed one hundred percent by
State funds.
· $9,132 for the Industry Certification Examinations, Licensure Testing,
and Occupational Assessment program to provide for the reimbursement
of the costs associated with student credentialing. This continuing
program will be reimbursed one hundred percent by State funds.
· $6,000 for the Marvelous Maps = Meaningful Mathematics program. The
program will bring together secondary mathematics educators from
across Virginia that have been trained in Thinking Maps to develop visual
mathematics resources. This is a new program.
· $29,313 for the Flow Through program to provide aid for the education
and guidance of handicapped,,~~tl;l.ger:its.'j:T-.his continuing program will be
reimbursed one hundred percent by Federal funds.
Honorable Mayor and Members of Council
September 15, 2008
Page 2
· $3,313 for the Adult Basic Education program to provide funds for the
education of adults who have not completed high school. This
continuing program will be reimbursed by Federal funds and matching
funds.
We recommend that you concur with this report of the School Board and adopt the
attached budget ordinance to appropriate funding as outlined.
{lf~
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
JT- ':": :'[" ,qy 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
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
September 16, 2008
R. Michael Amyx
Executive Director
Virginia Municipal League
P. O. Box 12164
Richmond, Virginia 23241
Dear Mr. Amyx:
I am enclosing copy of Resolution No. 38235-091508 designating the
Honorable Sherman P. Lea, Vice-Mayor, as Voting Delegate and the Honorable
Court G. Rosen, Council Member, as Alternate Voting Delegate for the Annual
Business Session and meetings of the Urban Section of the Virginia MuniCipal
League, and designating Darlene L. Burcham, City Manager, as Staff Assistant
for any meetings of the Urban Section of the Virginia Municipal League to be
held on Tuesday, October 21, 2008, Norfolk Waterside Convention Center.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, September 15, 2008.
Sincerely,
~M.~
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Attach ment
pc: The Honorable Sherman P. Lea, Vice-Mayor
The Honorable Court G. Rosen, Council Member
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
~.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of September, 2008.
No. 38235-091508.
A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the
Annual Business Session and meetings ofthe Urban Section of the Virginia Municipal League and
designating a Staff Assistant for any meetings of the Urban Section.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. For the Annual Business Session of the Virginia Municipal League to be held during
the League's 2008 Annual Conference scheduled for October 19-21, 2008 in Norfolk, Virginia, and
for any meetings of the Urban Section held in conjunction with the Annual Conference of the
League, The Honorable Sherman Lea, Vice-Mayor, is hereby designated Voting Delegate, and The
Honorable Court Rosen, Council Member, is hereby designated Alternate Voting Delegate.
2. For any meetings of the Urban Section ofthe Virginia Municipal League to be held in
conjunction with the League's 2008 Annual Conference, Darlene L. Burcham, shall be designated
Staff Assistant.
,
3. The City Clerk is directed to complete any forms required by the Virginia Municipal
League for designation of V oting Delegate, Alternate Voting Delegate, and Staff Assistant and to
forward such forms to the League.
ATTEST:
~~.~
City Clerk.
ATTACHMENT A
NOTE: This form is to be returned by localities with populations over 35,000. Please return to
VML by October 6,2008.
URBAN SECTION: DELEGATES, ALTERNATES AND STAFF ASSISTANTS
LOCALITY Ci tv of Roanoke, Roanoke, Virgina
(pLEASE TYPE)
INFORMATION SUPPLIED BYStephanie M. MooifITLE City Clerk
-----------------------------------------------------------------
VOTING DELEGATE
NAME Sherman P. Lea
TITLE Vice-Mayor
ADDRESSNoe1 C. Tav10r Municipal Buildinq, 215 Church Avenue,S. W.,
. Suite 456, Roanoke, Virginia 24011
TELEPHONE: BUSINESS (540) 853-2541 HOME
-----------------------------------------------------------------
ALTERNATE VOTING DELEGATE
NAME Court G. Rosen
TITLE Council Mp.Jllher
ADDRESSNoe.1 C. Tav10r Municipal Buildinq, 215 ChlirdhhAvpnup, ~ T.T
~. ,
SUlte 456, Roanoke, Virginia 24011
TELEPHONE: BUSINESS (540) 853-2541 HOME
-----------------------------------------------------------------
STAFF ASSISTANT
NAME Darlene L. Burcham
TITLE Ci ty Manager
ADDRESSNoel C. Taylor Municipal Building, 215 Church AvpnJ1P, ~. W.,
Suite 364, Roanoke, Virginia 24011
TELEPHONE: BUSINESS (540l853-2333 HOME
This form must be returned by 5:00 p.m. October 6, 2008 to:
Virginia Municipal League
P. O. Box 12164
Richmond, VA 23241
Or Fax: 804/343-3758
Q:\VMLCONF\08conference\2008 confurban section mailing
ATTACHMENT A
CERTIFICATION OF VOTING DELEGATE
AND ALTERNATE
BUSINESS SESSION
Virginia Municipal League Annual Conference
Norfolk, Virginia
Tuesday, October 21, 2008
Voting Delegate:
Name Sherman P. Lea
Title Vicer..Mayor
Loc~i~City of Roanoke, Noel C. Taylor Municipal Bui~ding,
215 Church Avenue, S. W., Suite 456, Roanoke, Virginia 24011
------------------------------------------------------------
Alternate Voting Delegate:
Name Court G. Rosen
Title Council Member
Locali~ City. of Roanoke, Noel C.. Taylor Municipal Building,
215 Church Avenue, S. W., Suite 456, Roanoke, Virginia 24011
-----------------------------------------------------------
Certified by:
Name Stephanie M. Moon
Title City Clerk
Locali~ City of Roanoke, . Roanoke, Virqinia
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
Suite 456, Roanoke, Virginia 24011
Return by October 6, 2008 to:
Virginia Municipal League
P.O. Box 12164
Richmond, Virginia 23241
OFFICERS
PRESIDENT
JAY FISElTE
ARLINGTON BOARD MEMBER
PRESIDENT- ELECT
MICHAEL J. POLYCHRONES
VIENNA COUNCIL MEMBER
VICE PRESIDENT
R. LANCE TERPENNY
CI1RISTIANSBURG TOWN MANAGER
IMMEDIATE PAST PRESIDENT
RAYElTA M. WEBB
ALTAVISTA COUNCIL MEMBER
EXECUTIVE DIRECTOR
R. MICHAEL AMYX
MAGAZINE
VIRGINIA TOWN (j CITY
P.O. Box 12164
RICI1MOND. VIRGINIA 23241
13 EAST FRANKLIN STREET
RICI1MOND, VIRGINIA 23219
804/649-8471
FAX 804/343-3758
E-MAIL e-mailCiJvml.org
www,vml.org
VIRGINIA MUNICIPAL LEAGUE
TO:
Key Officials rjJ$
R. Michael Amyx, Executive Director :, / /
L,../".
FROM:
DATE:
August 7, 2008
RE:
Certification of voting delegate and alternate for VML Conference
Regarding the manner in which voting during the Business Session takes place, Article
IV, Section 6 of the League Constitution reads:
"Representatives. The mayor or board chairman, as the case may be, of each active
member shall be deemed to be its official representative for the purpose of voting upon
matters considered by an annual or special meeting of the League. In lieu of the mayor
or board chairman, the governing body of a member may designate another official of
the member to vote on behalf of the member. Such designation shall be in writing filed
with the Executive Director or such other person acting as Secretary of the meeting prior
to any vote. In the absence of the mayor or board chairman or other officers designated
by the governing body as above specified at a vote taking, a majority of the elected and
appointed officials present and registered at the meeting may file with the Executive
Director or Secretary of the meeting in writing designating one of the member's officials
present to vote in behalf ofthe member, and said filing to be in advance of the taking of
any vote in which such person casts a vote."
Voting may not be by proxy. Please complete the enclosed form (Attachment A) to
certify your locality's voting delegate during the Conference's Business Meeting on
Tuesday, October 21. This voting certification does not exclude others from your
locality from participating in discussions during the Business Session.
Please return Attachment A by October 6 to the Virginia Municipal League, P.O. Box
12164, Richmond, Virginia 23241, or fax 804/343-3758. If you are not sure who will
be present at the Business Session, credentials may be certified at the registration desk
during the Conference.
LOCAL GOVERNMENTS WORKING TOGETI1ER SINCE 1905
OFFICERS
'RECEIVED
AUG 11 2008
CI'P' ~ ~1'" ~ ~~1=qIS 9FFICE
VIRGINIA MUNICIPAL LEAGUE
JAY FISEITE
PRESIDENT TO:
Key Officials, Urban Section
ARLINGTON BOARO MEMBER
PRESIDENT- ELECT
MICHAEL J. POL YCHRONES
VIENNA COUNCIL MEMBER
V'CE PRESIDENT
R. LANCE TERPENNY
CHRISTIANSBURG TOWN MANAGER
IMMEDIATE PAST PRESIDENT
RAYEITA M. WEBB
ALTAVISTA COUNCIL MEMBER
EXECUTIVE DIRECTOR
R. MICHAEL AMYX
MAGAZINE
VIRGINIA TOWN [, CITY
P.O. Box 12164
RICHMOND, VIRGINIA 2324'
13 EAST FRANKLIN STREET
RICHMOND, VIRGINIA 23219
804/649-8471
FAX 804/343-3758
E-MAIL e-mail1i>vml.org
www.vml.org
FROM:
R. Michael Amyx, Executive Director
DATE:
August 7, 2008
RE:
Section Voting Procedures
The city, town and urban sections of the Virginia Municipal League will meet
during the Annual Conference at 10:45 a.m. on Tuesday, October 21,2008, at the
Norfolk Waterside Convention Center. Each section will select a chairperson and
a vice chairperson. The chairpersons will serve as members of the VML
Executive Committee.
Each locality/has one vote in the city and town sections. The urban section uses a
weighted vQting procedure, as explained below.
Urban cities and counties that are regular members of the Virginia Municipal
League arid that have a population in excess of35,000 are automatically a part of
the urban section. Each locality has one vote per 100,000 population rounded to
the nearest 100,000. The vote is considered as the expression of the majority of
the councilor board of supervisors of the locality. Population is based on the
latest Center for Public Service figures as shown on the following page.
The operating procedures of the urban section of the League require that each
locality appoint an official delegate, delegate alternate and staff assistant to the
urban section. The official delegate is the voting representative oftheir locality
on matters decided by the urban section. Please desigrIate these officials on
Attachment A, which should be returned by October 6, 2008.
The chief elective officer of your locality will be the voting member if
ttachment A is not returned.
LOCAL GOVERNMENTS WORKING TOGETHER SINCE 1905
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URBAN SECTION
VOTES PER MEMBER
LOCALITY
POPULATION*
VOTES
Alexandria
135,385
1
Arlington County
198,557
2
Charlottesville
40,807
1
Chesapeake
215,271
2
Danville
45,273
1
Hampton
145,040
1
Harrisonburg
44,340
1
Henrico County
286,095
3
James City County
59,635
1
Lynchburg
68,579
1
Manassas
36,288
1
Newport News
181,840
2
Norfolk
234,219
2
Portsmouth
98,318
1
Richmond
193,882
2
Roanoke
92,994
1
Stafford County
118,949
1
Suffolk
79,795
1
Virginia Beach
431,820
4
TOTALS 29
*Weldon Cooper Center for Public Service, 2006 final
MEMORANDUM
Roanoke Parks and Recreation
210 Reserve Avenue, SW
Roanoke, Virginia 24016
PH: 540 853.2236
FAX: 540 853.1287
PARKS AND RECREATION
To:
Darlene Burcham, City Manager
From:
Steve Buschor, Director of Parks and Recreation
Date:
September 18, 2008
Cc:
Brian Townsend, Assistant City Manager
Re:
City Council Matter Regarding Breckenridge/Addison Fitness
Centers and Boot Camp Programs
In response to the letter presented to City Council on September 15, 2008, I have
discussed this matter with staff and have been provided with some information.
Customer service has always been in the forefront of decisions made and it is
disheartening that we still fall short of customer expectations.
I have directed my staff to meet with the class next week to determine what it is they
want in order to meet their needs and for staff to provide solutions within the
parameters of operations.. As there were no signatures on the letter, staff will hold a
group meeting on Monday, September 22 at 6:00 p.m. Class members will be
individually called by staff to inform them of the meeting.
The decision to move the class from Breckinridge back to Addison was in part made
based upon complaints previously voiced by the class to this department and to Council
about being moved to Breckinridge (via comments to Fitness Center staff, letters and
telephone conversation with me). These complaints were voiced throughout the
summer, so the decision was made to return the class to Addison in September. This
move was also in line with the directive to provide fitness and wellness classes in the
facilities which were closed in June. The following issues were factored into the move
to Addison, but were not communicated to the class members. This will be shared with
them on Monday night:
1. The new class at Breckinridge (Cardio Pump) class utilizes steps, bar bells,
weights for the bar bells, and mats. Currently at Breckinridge, there is storage
for this equipment; Addison does not have a storage room and the office area is
not large enough to house all of this equipment.
2. As the original members of the class will recall, the use of the gymnasium at
Breckinridge is almost non-existent from November-March due to youth
basketball practices and games. At Addison, the school provided alternate
space to the class in the lobby area, as this was not used by the game patrons
and was large enough to accommodate the class size. Breckinridge does not
have this large space available and Boot Camp would either have to be reduced
to one night per week or have to start at 5:00 p.m. and then would only have a
45 minute class; players/coaches, etc. have access to the gym at 5:45 to start
games at 6:00 p.m. The patrons have complained in the past that 5:00 was too
early for them to be able to get to class.
In addition:
1. The Fitness Center is not open for drop in use, based upon its closing in June. If
the fitness area is needed as a part of the class (including warm up and cool
down), the instructor is free to utilize it as long as it does not infringe on other
scheduled classes. It is also not safe to have participants in the Fitness area
without supervision, and if the instructor is in the gym with the class, there is no
one in the fitness area to supervise someone using the equipment. One person
cannot supervise both areas due to the layout of the facility.
2. The classes being held on Thursday and Saturday were intended to attract the
new and beginner participants. The Thursday class was added to try to
introduce Boot Camp to beginners and if some of the regulars wanted to come, it
was their choice. The Saturday class was begun in November 2007 at the.
request of some of the "seasoned" adults who saw how much the participants
enjoyed the Boot Camp, but expressed concerns that they could not do all the
same things. Again, this class was to have a different makeup than the Monday-
Wednesday class. If some or all of the regulars attend the Thursday and
Saturday classes, there is admittedly a shortage of hand weights since the
beginners for which these classes were intended would not be using these heavy
weights. In addition, if the Saturday class was moved back to Addison, we would
be assessed custodian fees as well as utility costs which have been taken out of
the budget; Parks and Recreation is only assessed these fees by Roanoke City
Schools for Saturday usage, not weekdays. Breckinridge is already staffed on
Thursday and Saturday.
3. As of September 16, the September membership roster at Addison shows 32
members. Attendance at the classes varies from 14-22 each night.
I will provide you with a report from the meeting with the class and staff.
Page 2 of 2
---/ '\~ It;-
PLANNING BUILDING AND DEVELOPMENT
Noel C. Taylor Municipal Bu0di~$. ERi"08 SEP 23 PI105:13
215 Church Avenue, SW, Ro\;iJJXf;o~ . \
Roanoke, Virginia 24011-
540.853.1730 fax 540.853.1230
pia nn ing@ci.roanoke.va.us
RECEIVED
.....,.p 0:') 2008
0t hJ i=.
,err' ~~ 8 Po! ,II ~J:R'SOFF'CE
September 19, 2008
Mr. Stefon Walker
5002 Hollyhock Road, NW
Roanoke, VA 24012
Dear Mr. Walker:
Subject:
Happy's Flea Market
I am writing in response to your concerns about Happy's Flea Market,
5411 Williamson Road, N. W., and the pictures of this property that you provided
to the City this week. The outdoor flea market at Happy's is a legitimate non-
conforming use under the City's zoning regulations, which means that they have
a vested right to continue that operation. Under the City's zoning rules, and
pursuant to State Code and case law, a nonconforming use may continue so
long as it is not discontinued for two consecutive years. Given this fact, there is
nothing we can do about this outdoor flea market under the zoning ordinance
unless it ceases for two consecutive years, at which time its nonconforming
status would expire. If that were to happen, they could apply to the Board of
Zoning Appeals for a special exception for an outdoor flea market.
There are also no City regulations that could require Happy's vendors to
cover or tie down their goods more securely; relocate or modify its servicing of its
portajohns; chain off access to its property during non-business hours; or post its
property for no trespassing. While these may be good ideas, they are not
practices that can be enforced. Our code enforcement staff and the Police
Department have both spoken with the manager of the flea market about these
items.
Our code enforcement staff has cited the company for weeds and trash,
and they complied to that citation promptly. I have also discussed the business
with the Commissioner of the Revenue's office, and they periodically visit the
property to insure that all vendors are properly licensed.
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal B,uilding _..
215 Church Avenue, SW;.'ROom 364 ." c.:
Roanoke, Virginia 24011
540.853.2333
www.roanokegov.com
September 23,2008
Helen Davis
35 Patton Avenue, NE
Roanoke, VA 24016-1917
Dear Ms. Davis:
In response to your inquiry at a recent City Council meeting regarding
safe routes to school, the Roanoke Public Schools previously received a
SRTS grant in the amount of $25,000 for bicycle safety education and
training to encourage more families to walk or bike to school. That
money has all been spent by the school system. It included the purchase
of bicycles and bicycle helmets. Mac Westland, RCPS Safety Coordinator,
is the contact person.
Please feel free to contact Mr. Westland at 777-2041, if you would like
additional details.
Sincerely,
Darlene L. Bu
City Manager
DLB:sf
C: Bob Bengtson, Director of Public Works
Mac Westland, Safety Coordinator, Roanoke City Public Schools
be.' S+epha.nie Moon
Gainsboro History
It appears in our research that all of the facts listed stated in the
"Highlights of the Historic Gainsboro Preservation District" came from A
Narrative for the Proposed Historic Gainsboro Preservation District H-2,
written in the 1990s and the article by Erin Baratta published in 1999 in
the journal of the History Museum & Historical Society of Western Virginia
. It is pulled almost verbatim from those two sources. Overall it is
accurate.
The Gainsboro Historic District Registration Form, see web address
below, was submitted in 2005. It provides a more comprehensive history
of the Gainsboro community and its historic architecture and landscapes.
Written by professional historians and architectural historians it has an
authority that A Narrative for the Proposed Historic Gainsboro
Preservation District H-2 and the journal of the History Museum and
Historical Society of Western Virginia article do not have. However, having
made that observation, from our reading of all three sources mentioned
above we feel the facts are accurate.
Timeline: This is a more complicated area and we feel that some of the
broader statements listed in the Highlights you sent us could give a less
than accurate picture on actual dates. We decided to include this timeline
for your future use.
1740s:
The "permanent settlement of the Roanoke Valley began in the 1740s...
The area which was then part of Orange County and first referred to as
'Big Lick' in court records in 1746, was settled primarily by the Germans
and Scotch-Irish"
Late 1700-early 1800s:
''The Roanoke Valley continued to be settled...by Germans and
Scotch-lrish...An attempt was made in 1801 to establish the town of New
Antwerp near the Great Road (Orange Avenue) and Carolina Road (Hollins
Road), but the development was unsuccessful."
1834:
''The community of 'Big Lick' developed around john and Cornelius Pate's
store, tavern and mill on the Great Road to the northeast edge of what
would become Gainsboro (at the intersection of present-day Interstate
581 and Orange Avenue)."
,',' ..
, .
1835:
"After William Rowland purchased the property in 1834, a town was laid
out and lots were auctioned. In 1835 the town was chartered as
Gainesborough, named after Rowland's partner, Major Kemp Gaines.
Located at the intersection of two primary routes of travel, Franklin Road
which served as part of the Carolina Road and the Great
Road/Lynchburg-Salem Turnpike leading southwest, Gainesborough
developed as a thriving stage stop.
1838:
Roanoke County is created from a region of Botetourt County.
1838:
"Tax records indicated four buildings in Gainsborough and an additional
six in Big Lick. By the mid-19th century, the area had grown to consist of
25-30 buildings, including a mill, a tavern, stores, churches, and 15-17
dwellings with a population of approximately 250."
1852:
Tracks of the Virginia & Tennessee Railroad are completed from
Lynchburg to Big Lick and the Big Lick Depot on Commerce (Second)
Street SW is built. With the creation of a new settlement of Big Lick, a
3-1/4 acre subdivision north of the new railroad tracks, some residents,
stores and businesses moved from Gainsborough into Big Lick. "As the
population moved south towards the new railroad line and depot area,
the original town of Gainsborough become inhabited by African
Americans and was referred to as tOld Lick'."
1860:
The 1860 census for Roanoke County records 155 free blacks. Many
lived in "Old Lick".
1874:
"The town of Big Lick was chartered with a population of approximately
600 and boundaries that encompassed one square mile with the depot at
the center and included the original town of Gainsboro... The area of Old
Lick also continued to grown with many free blacks moving to the area."
1880:
The town of Big Lick, population 669, included Gainsboro and Old Lick.
1882:
''The boundaries of [Big Lick] were expanded in 1882 to 3.5 square miles
and the population. ..soared from 669 to over 5,000." The town was
renamed "Roanoke" anticipating growth.
1884:
Roanoke became a city.
1890s:
During this decade the spelling changed from Gainesborough to
Gainsboro.
Latter part of the 1800s:
'~s the white population of Big Lick/Roanoke continued to grow and shift
southward, moving into many of the new areas developed by the land
companies, the Old Lick area became the center of the black community."
"At the end of the 19th century, the Gainsboro neighborhood was still
predominantly white with African Americans residing in two areas - the
Old Lick section, including the area around Gainsboro Road and Harrison
and Rutherford Avenues, and along Henry (First) Street between Centre
and Loudon Avenues."
Early 1900s:
"Roanoke experienced another surge in real estate development with a
62% increase in population in the first decade... The black population
increased significantly as well... Blacks began to inhabit more of the
present-day Gainsboro neighborhood with residences along Wells Avenue
west of 1st Street, 2nd Street NW between Harrison and Patton Avenues,
3rd Street NW between Loudon and Gilmer Avenues and the area of North
Jefferson Street and Gilmer Avenue. During this period, the Gainsboro
neighborhood became a self-sustaining African American community
with its own religious, educational, and social institutions, professional
and commercial services, and leaders."
Sources
A Narrative for the Proposed Historic Gainsboro Preservation District H-2,
by George Robinson Heller, edited by Helen Davis and Evelyn Davis
Bethel.
Gainsboro Neighborhood, 1890-1940 by Erin Baratta (Intern Roanoke
Office Virginia Dept. of Historic Resource). Journal of the History Museum
& Historical Society of Western Virginia, 1999, Vol. 14, Issue 1.
www.dhr.virginia.gov/registers/Cities/Roanoke/128- 5 762_GainsboroHD_
2005_ finaLnomination.pdf
The complete text of the Gainsboro Historic District Registration Form.
See Section 8, Pages 49-61 for an excellent narrative of the history of
Gainsboro from 1750s-1945.
www.dhr.virginia.gov/registers/Cities/register_Roanoke.htm
A complete list of structures and districts in the City of Roanoke on
National and State of Virginia historic registers.
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W.
Noel C. Taylor Municipal Building, Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
DAVID A. BOWERS
Mayor
September 15, 2008
Council Members
Sherman P. Lea
Gwen W. Mason
Alvin L. Nash
Anita J. Price
Court G. Rosen
David B. Trinkle
Mr. George Montgomery
Ms. Lea Lynn Montgomery-Firebaugh
Ms. Elaine Chocklett
Dear Montgomery Family:
On behalf of the Members of the Roanoke City Council, please allow us to
express our sympathy to you and your family in the death of your mother and
family member, Christine Alexander Montgomery.
Ms. Montgomery's long service on the Mayor's Committee for People With
Disabilities to identify and provide for the needs of disabled citizens was a great
asset to our city. In addition, her service on many State and local boards and
committees was invaluable to the community which she represented.
Her life is an inspiration to others who face physical challenges similar to those
she encountered. We know she will be deeply missed by her family and
numerous friends.
Please know that you are in our thoughts and prayers throughout this time of
sadness.
Sincerely,
S:> -cZ@;1..,..~
David A. Bowers, Mayor
Roanoke City Council
Gwendolyn W. Mason
City Council Member and
Council Liaison to the Mayor's
Committee for People With Disabilities
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
September 16, 2008
Michael S. Cornett, PE, RRC
305 Woods View Court
Radford, Virginia 24141
Dear Mr. Cornett:
I am enclosing copy of Ordinance No. 38236-091508 rezoning property
identified as Official Tax Map No. 2671103 located on Hershberger Road, N. W.,
from R-7, Residential Single Family District, to IN, Institutional District, for uses
permitted in the IN Zoning District, for a church located on Official Tax Map
Nos. 1671,101 and 2671102, as set forth in the Zoning Amendment Application
dated June 30, 2008.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, September 15, 2008, and is in
fu II force and effect upon its passage.
Sincerely,
Atti., ~m. ~
Stephanie M. Moon, CMC
City Clerk
SM M: ew
Enclosu re
Michael S. Cornett, PE, RRC
September 16, 2008
Page 2
pc: Mr. and Mrs. James Toliver, 3630 Hershberger Road, N. W., Roanoke,
Virginia 24017
Mr. and Mrs. Howard Jackson, 1501 Fairhope Road, N. W., Roanoke,
Virginia 24017
Roanoke Country Club, 3360 Country Club Drive, N. W., Roanoke, Virginia
24017
Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Manager for Community Development
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 15th day of September, 2008.
No. 38236-091508.
AN ORDINANCE to amend 9 36.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning' Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, to rezone certain property within the City, and dispensing with the
second reading of this ordinance by title.
WHEREAS, Roanoke Valley Christian Church (Trustees of Roanoke Valley), has
made application to the Council of the City of Roanoke, Virginia ("City Council"), to
have the property located on Hershberger Road, N.W., bearing Official Tax No. 2671103,
rezoned from R-7, Residential Single Family District, to IN, Institutional District, for
uses permitted in the IN zoning district, for a church located on Official Tax Nos.
2671101 and 2671102;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to City
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on September 15,2008, after due and timely notice thereof as required by 936.2-
540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both for a,nd against the
proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
O-Roanoke Valley Christian Church-rezone.doc
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity, convenience, general welfare and good zoning practice, require the rezoning of
the subject property, and for those reasons, is of the opinion that the hereinafter described
property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax Map No. 2671103, located at
Hershberger Road, N.W., be and is hereby rezoned from R-7, Residential Single Family
District, to IN, Institutional District, as set forth in the Zoning Amendment Application
dated June 30, 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.
A . Aj\TEST: -
~~,~vm.~~
City Clerk.
i
O-Roanoke Valley Christian Church-rezone.doc
CITY OF ROANOKE
PLANNING BUILDING
& ECONOMIC DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@roanokeva.gov
Architectural Review Board
Board of Zoning Appeals
Planning Commission
September 15, 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 Roanoke Valley Christian Church (Trustees of
Roanoke Valley) to rezone property on Hershberger Road,
N.W., Official Tax No. 2671103, from R-7, Residential Single
Family District, to IN, Institutional District, for uses permitted
in the zoning district.
Planning Commission Recommendation:
Planning Commission public hearing was held on Thursday, August 21, 2008.
By a vote of 6-0 (Mr. Chrisman absent for the vote), the Commission
recommended approval of the requested rezoning. The Commission finds the
application to rezone the subject property to be consistent with the Zoning
Ordinance, Vision 2001-2020, and the FairlandNilla Heights Neighborhood Plan.
Rezoning the subject property to IN District is appropriate to the site's existing
physical improvements, land use and the surrounding neighborhood.
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
September 15, 2008
Application Information
Re uest:
Owner:
Ap licant:
City Staff Person:
Site Address/Location:
Official Tax Nos.:
Site Area:
Existin Zonin :
Pro osed Zonin
Existing Land Use:
Proposed Land Use:
Nei hborhood Plan:
Specified Future Land Use:
Filing Date:
Rezonin
Roanoke Valle Christian Church
Michael S. Cornett
Maribeth B. Mills
3620 Hershber er Road NW
2671103
0.35 Acres
R-7, Residential Sin le-Famil
IN, Institutional District
Place of Worship
Place of Worship
FairlandNilla Heights Neighborhood Plan
Sin le-Famil Residential
Original Application: June 30, 2008
Background
The applicant owns 0.93 acres, comprised of three parcels, along Hershberger
Road which they operate as a place of worship. Two of the three parcels (Official
Tax Nos. 2671101 and 2671102) are now zoned IN, Institutional District and
contain a 768 square foot, single-story church building, a storage shed, and a
paved parking area. The subject property (Official Tax No. 2671103) is zoned R-
7, Residential Single-Family District, and is vacant except for two slight
encroachments by the church's parking area and storage shed. With the addition
of a 768 square foot sanctuary and classroom expansion to the rear of the
existing building, the applicant is planning to combine the three parcels. The
applicant has no plans for development on the subject property.
Considerations
Surroundinq Zoninq and Land Use:
Zoning District Land Use
North R-7, Residential Single-Family Single-Family Dwelling.
South ROS, Recreation and Open Space Roanoke Valley Country Club.
East IN, Institutional Roanoke Valley Christian Church.
West R-7, Residential Single-Family Single-Family Dwelling.
Compliance with the Zoninq Ordinance:
New development must comply with the standards of the City's Zoning
Ordinance including buffer yard requirements. Combining the three parcels will
bring the properties into compliance with IN District's lot frontage minimum of 100
feet.
Members of City Council
Page 3
September 15,2008
Conformity with the Comprehensive Plan and NeiQhborhood Plan:
Both Vision 2001-2020 and the FairlandNilla Heights Neighborhood Plan
encourage new development that promotes the use of the city's neighborhoods
as villages where residents can obtain a variety of services in close proximity to
their homes. The Villa Heights Neighborhood has traditionally functioned in this
manner with a mix of churches, schools and small commercial centers. The
FairlandNilla Heights community also sees churches as an integral component
to their neighborhood with many of them offering their facilities for community
meetings and activities.
The following policies of Vision 2001-2020 are relevant to the application:
. NH P2. Neighborhoods as villages. Neighborhoods will function as villages,
offering opportunities to live, work, shop, play, and interact in a neighborhood
setting.
The following policies of the FairlandNilla Heights Neighborhood Plan are
relevant to the application:
. Quality of Life Policies
a. Support community empowerment by building neighborhood based
organizations.
b. Encourage neighborhood churches to coordinate efforts to improve
the quality and range of outreach services.
City Department Comments:
None.
Public Comments:
None.
. . Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Ghurch Avenue, S.w.
.. .. Roanoke, Virginia 24011
Phon$:. (540) 853-1730 Fax: (540) 853-1230
.Date:IJune 30,2008 I
.I,!!M!!f:;JI!!!!!!!:mlf~!i!'ilii~~~
~ . Rezoning, Not Otherwise Listed
;QR~zoning. Conditional
.. .. q Rezoning to Planned Unit Development
. : 0 Establishment of Comprehensive Sign Overlay District
;~~_~'i_.~1
. Ad~r~: I.v Hershberger Rd NW, Roanoke, VA 24017
'OfficialT ax No(s).: 12671103
~ci~
.,." ' . , .","', ,. :',',,;'-".
ROANOKE
Submittal Number: IOriginal Application
]
o Amendment of Proffered Conditions
o Amendment of Planned Unit Development Plan
o Amendment of Comprehensive Sign Overlay District
o With Conditions
~ Without Conditions
, Existing Base Zoning: R-7, Residential Single-Family
. . .... (If multiple zones, please manually enter all districts.)
. .. ... Ordinance No(s). for Existing Conditions (If applicable): IN/A
. " .
. . R8<luested Zoning: IIN,lnstitutional I Proposed Land Use: /Place of Worship
+ 1 (540) 563-5978 I
I
Phone Number:
E-Mail: INone
yi:;"e+::~:!:','"
I Phone Number:
I E-Mail: I
I
I
I Phone Number: I + 1 (540) 633-2969 I
E-Mail: Imscornett1@verizon.net I
June 30, 2008
ROANOKE VALLEY CHRISTIAN CHURCH
(TRUSTEES OF ROANOKE VALLEY)
3620 HERSHBERGER RD, ROANOKE VA 24017
ZONING AMENDMENT
NARRATIVE
The 0.93 acre property owned by the Roanoke Valley Christian Church, located at 3620 Hershberger Road
NW (between Cove Rd and Westside Drive), currently consists of three adjacent lots (Tax 10 #2671101,
#2671102, & #2671103). The existing church building and paved parking lot are located on lots #2671101 &
#2671102, both of which are zoned "IN". The third lot#2671103 (0.35 acre) is currently vacant and is zoned
"R-7" (a small parsonagelhouse once existed on the property but was demolished several years ago). The
church property boundary has a chain-linked fence around all four sides and also has many large trees along
three sides (i.e., except for along Hershberger Rd). The church is located in a residential neighborhood (461
& 480) with a recreational area (golf course) located behind the property. The residential properties to the
north (i.e., across Hershberger Road) have large pine trees along their property boundaries adjacent to
Hershberger Road.
With the brotherhood assistance ofthe Roanoke Valley/New River Valley Christian Church's and Church's of
Christ, the Roanoke Valley Christian Church (RVCC) intends to build a small single-story sanctuary and
classroom addition (approximately 768 sqft total) at the rear of the existing 17' tall single-story church building
thereby increasing the total size of the church building to approximately 1536 sqft. Adequate parking
currently exists at the church (the normal Sunday morning church attendance is typically 25-30 persons using
6-8 vehicles); however, the church desires to have the third lot #2671103,0.35 acres, rezoned to "IN" (from
"R-7") so as to potentially use, if necessary, for additional parking (up to a maximum of 10 vehicles) in the
future and so as all three lots owned by the church will have the same zoning. The traffic flow/congestion
conditions along Hershberger Road should not be affected by the rezoning.
ROANOKE VALLEY CHRISTIAN CHURCH
(TRUSTEES OF ROANOKE VALLEY)
3620 HERSHBERGER RD, ROANOKE VA 24017
ZONING AMENDMENT
ADJACENT PROPERTY OWNERS
James & Marcia Toliver (along West Property Boundary)
3630 Hershberger Rd NW
Roanoke, VA 24017
Tax 10 #2671104 (Zoned R-7, 0.48 Acres)
Roanoke Country Club (along South and East Property Boundary)
3360 Country Club Dr fJ.. (). ~ 0 ~ 'I
Roanoke, VA 24017 ·
Tax 10 #2670902 (Zoned ROS, 7.862 Acres)
Jua Parra & Ma' Arellano (along North Property Boundary across Hershberger Rd)
3585 ershberger d NW
Roano ,VA 24017
Tax 10 91019 (Zon R-7, 0.65 Acres)
Howard & Mary Sue Jackson (along North Property Boundary across Hershberger Rd)
1501 Fairhope Dr NW
Roanoke, VA 24017
Tax 10 #6391001 (Zoned R-7, 0.34 Acres)
~(,7 IIO~-
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roai'io:ke,,~ T im'e s"
.,.. ..";!.'. . I.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -' - + - - - - - - - - - - - - - - - - - - - - - - - -
CORNETT & CUNDIFF, INC.
305 WOODS VIEW COURT
ARCHITECTURE+ENGINEE
RADFORD VA 24141
REFERENCE: 80163272
11061034
NPH-Roanoke Valley C
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~inia. Sworn and subscribed before me this
_~t~_day of Sep 2008. Witness my hand and
official seal.
~,-- _._~ U~~-,- -.. Notary Public
M~exp~_~~~_ll__.
PUBLISHED ON:
08/29 09/05
,\111'"""
,,\' e8 A l.4""
"" ~~ ........ ~.!'..
~'<Q~.....NOTARy..:~ ....-:.
:: :' PUBLIC '. "t- ~
~ * : REG, #7090930 ': * ~
'; C"): MY COMMISSION.: =
~~.... ~/fiE~"'l"" ~ 2
.. ~ '. --:at.: _ . ~-..
.... VA.", . ,,' <'>.':> ,"
.... rv'tr, ",... ,-\\'<.','
'I" CALTH Ot \,\'
111'"1\111\\\
TOTAL COST:
FILED ON:
342.00
09/05/08
r-------~~
\ ' NOTICE OF PUBLIC
! HEARING
The Council of the City of
Roanoke will hold a public
hearing on Monday,
Septeniber 15, 2008, at!
7:00 p,m" or as soon
thereafter as the matter may
be heard, in the Council'
Chamber, fourth floor, In the I
Noel C, Taylor Municipal
Building, 215 Church,
l'Avenue, S,W" Roanoke~,
IVlrglnla, to consider the I
Ifollowin~:
Request from Roanoke
!Valiey Christian Church
i (Trustees of Roanoke Valley)
.to rezone property on
Hershberger Road, N,W"
Official Tax No, 2671103,
from R-7, Residential Single
Family District, to IN,
! Institutional District, for uses
as permitted In the IN zoning
district, for a church located
, on Official Tax Nos,
I 2671101 and 2671102,
, A copy of the application Is
I available forrevlew In the
, Olllce of the City Clerk,
Room 456, Noel C, Taylor
Municipal Building, 215
Church Avenue, S,W"
Roanoke, Virginia,
All parties In Interest and
citizens may appear on the
above date and be heard on
the matter, If you are a
person with a disability who
needs accommodations for
'-
r 'miS-hearing, please contact
, the City Clerk's Office at
, 853-2541, before noon' on
the Thursday before ttie date
of the hearing listed above,
GIVEN under my hand this
26th day of August, 2008.
Stephanie M, Moon,CMC
City Clerk,
(11061034)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
"
~~~:~~~::~--~- ~--- - -~-----------,
Billing Services Representative
fr ~~
q~\f\
. ~: ~,,;\} ,
rT
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday, September 15,
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 Roanoke Valley Christian Church (Trustees of Roanoke
Valley) to rezone property on Hershberger Road, N.W., Official Tax No.
2671103, from R-7, Residential Single Family District, to IN, Institutional
District, for uses as permitted in the IN zoning district, fora church located
on Official Tax Nos. 2671101 and 2671102.
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 of the hearing listed
above.
GIVEN under my hand this 26th day of, Augus t
,2008.
Stephanie M. Moon, CMC
City Clerk.
!
Roanoke Valley Christian Church-rezone,doc
Notice to Publisher:
Publish in the Roanoke Times on Friday, August 29,2008, and September 5,2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
_/
NPH- Roanoke Valley Christian Church-rezone,doc
Send Bill to:
Michael S. Cornett, PE, RRC
305 Woods View Court
Radford, Virginia 24141
(540) 633-2969
mscornettl @verizon.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 28, 2008
Mr. and Mrs. James Toliver
3630 Hershberger Road, N. W.
Roanoke, Virginia 24017
Mr. and Mrs. Howard Jackson
1501 Fairhope Road, N. W.
Roanoke, Virginia 24017
Roanoke Country Club
3360 Country Club Drive, N. W.
Roanoke, Virginia 24017
Ladies and Gentlemen:
Pursuant to provisions of Resolution No.2 5523 adopted by the Council ofthe City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Monday, September 1 5, 2008, at 7:00 p.m., or as soon thereafter as the matter
may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on the request of the
Roanoke Valley Christian Church to rezone property on Hershberger Road, N. W.,
from R-7, Residential Single Family District, to IN, Institutional District, for uses
permitted in the zoning district.
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 540-853-1 730.
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,
~~.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
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 28, 2008
Michael S. Cornett, PE, RRC
305 Woods View Court
Radford, Virginia 24141
Dear Mr. Cornett:
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, September 15, 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 Roanoke Valley Christian
Church to rezone property on Hershberger Road, N. W., from R-7, Residential
Single Family District, to IN, Institutional District, for uses permitted in the zoning
district.
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
September 15 public hearing. Failure to appear could result in a deferral of
the matter until a later date.
Sincerely,
~.
Sheila N. Hartman, CMC
Deputy City Clerk
SNH:ew
Enclosure
:X~ ccpy
'-\
'\
'"
A.FFIDAVIT PERTAINING TO THE REZONING REQUEST OF:
Roanoke Valley Christian Church, Hershberger Road
Official Tax No. 2671103, from R-7 to IN
)AFFIDA VIT
)
COMMONWEALTH OF VIRGINIA
)
.) TO- WIT:
)
CITY OF ROANOKE
The affiant, Marth,a 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, pursuantto 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 4th day of
August, 2008, notices of a public hearing to be held on the 21 st day of August, 2008, on
the request captioned above to the owner or agent of the parcels as set out below:
Mailing Address
3630 Hershberger Road, NW
Roanoke, VA 24017
3360 Country Club Drive
Roanoke, VA 24017
1501 Fairhope Road, NW
Roanoke, VA 24017
1l7aa~ ~. CV~
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 4th day of August, 2008. , '
~~&~
Notary Public
My Commission Expires: c:;/ d gJ.;;.o 1/
REBECCA JO COCKAAM
NOTARY PUBUC
Commonwealth of Virginia
M . Reg. #166135 ,j .j .
YCommission Expires "d</.2.'i;.,)(J/j
=
\
~'
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on
Thursday, August 21, 2008, at 1 :30 p.m., or as soon as the matter may be heard,
in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215
Church Avenue, S.W., Roanoke, Virginia, to consider the following:
Request from Roanoke Valley Christian Church (Trustees of Roanoke
Valley) to rezone property on Hershberger Road, N.W., Official Tax No.
2671103, from R-7, Residential Single Family, to IN, Institutional District,
for uses as permitted in the zoning district.
A copy of the application is available for review in the Department of
Planning Building and Development, Room 166, Noel C. Taylor Municipal
Building.
All parties in interest and citizens may appear on the above date and be
heard on the matter. If you area person with a disability who needs
accommodations for this hearing, please ,contact the Department of Planning
Building and Development at 853-1730 before 12:00 noon on the Tuesday before
the date of the hearing listed above.
Martha P. Franklin, Secretary
City Planning Commission
---------------------------------------------r---------------------------------------------------------
Please print in newspaper on Tuesday, August 5 and 12,2008.
Please bill:
Michael S. Cornett, PC, RRC
305 Woods View Court
Radford, VA 24141
(540) 633-2969
Please send affidavit of publication to:
Martha Franklin
Planning Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853-1730
. .
.'
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
September 16, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38237-091 508 amending and reordaining
certain sections of Chapter 36.2, Zoning, of the Code of the City of Roanoke
(1979), as amended, for the purpose of updating and clarifying the City's
Zoning Ordinance.
The abovereferenced measu re was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, September 15, 2008, and is in
fu II force and effect upon its passage.
~.~~
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Attachment
Darlene L. Burcham
September 16, 2008
Page 2
pc: Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Raymond F. Leven, Office of the Magistrate
Lora A. Wilson, Law Librarian
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian townsend, Assista~t City Manager for Community Development
Sherman M. Stovall, Director of Management and Budget
Sheila N. Hartman, CMC, Deputy City Clerk
Cecelia R. Tyree, Assistant Deputy City Clerk
~l'I
4 \o~
"/ ~~"C
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of September, 2008.
No. 38237-091508.
AN ORDINANCE amending and reordaining Section 36.2-205, Dimensional regulations;
Section 36.2-314, Commercial Districts (CN, CG, CLS); Table 323-1 of Section 36.2-323, Institutional
District (IN); Table 340-1 of Section 36,2-340, Use Matrix; Section 36.2-403, Accessorv uses and
structures; Section 36.2-410, Fences and walls; Section 36.2-429, Temporarv uses; Section 36.2-571,
Zoning Violations; Section 36.2-610, Utilities; Section 36.2-648, Parking area landscaping; Table 652-
2, Required Off-Street Parking Spaces, of Section 36.2-652, Minimum off-street parking; Section
36.2-654, Off-street parking area standards; Section 36.2-671, Building-mounted signs; Section 36.2-
704, Nonconforming structures; and Appendix A, Definitions, of Chapter 36.2, Zoning, of the Code of
the City of Roanoke (1979), as amended, for the purpose of updating and clarifying the City's zoning
ordinance; and dispensing with the second reading by title ofthis ordinance.
BE IT ORDAINED by the Council ofthe City of Roanoke as follows:
1. Section 36.2-205, Dimensional regulations, of Article 2, Zoning Districts, of Chapter
36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and
reordained by amending subsections (f)(2)(A)(ii) and (f)( 4) to read and provide as follows:
Sec. 36.2-205. Dimensional regulations.
* * *
(f) Front yards.
* * *
(2)
In the R-7, R-5, and R-3 Residential Single-Family Districts and
the RM-l and RM-2 Residential Mixed Density Districts, the
required depth of the front yard shall be determined and applied
in accordance with subsections (A) and (B), below, except that
where a lot has frontage on a cul-de-sac, the minimum and
maximum front yard depths of the applicable zoning district shall
arw1y. In the application of subsection (A) or (B), the Zoning
O-Amending Zoning2,doc
1
Administrator may require a greater yard depth for public safety
reasons.
(A) Where there is a building or are buildings on the adjoining
lots, the minimum and maximum front yards of the
applicable zoning district shall not apply, and the required
minimum and maximum front, yard depths shall be
getermined by whichever adjoining lot has the shallowest
established front yard depth as set forth in subsections (i),
(ii), (iii), (iv), and (v) below.
***
(ii) If the shallowest established front yard depth is
greater than the maximum front yard depth of the
district, the maximum front yard depth shall be
equal to that shallowest established front yard
depth of the adjoining lots, and the minimum front
yard depth shall be ton (10) feet less than the
maximum yard depth established by this
subsection the minimum front yard depth of the
applicable zoning district;
***
(4) Maximum front yard requirements shall apply only to new
principal structures. In the application of maximum front yards,
as required by this Chapter, at least sixty (60) percent of the
building fac;ade shall abut the line of the maximum front yard
depth or shall lie between the lines of the minimum and
maximum front yard depths.
***
2. Article 3, Regulations for Specific Zoning Districts, of Chapter 36.2, Zoning, of the
Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending
subsection (e) of Section 36.2-314, Commercial Districts (CN. CG. CLS), of Division 1, Base
Districts - Residential. Commercial. and Industrial, Table 323-1 of Section 36.2-323, Institutional
District (IN), Division 2, Base Districts - Special Purpose Districts, and Table 340-1 of Section 36.2-
340, Use Matrix, of Division 4, Use Matrix, to read and provide as follows:
Sec. 36.2-314. Commercial Districts (CN, CG, CLS).
***
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(e) Pedestrian access. In the CN, CG, and CLS Districts, designated pedestrian
pathways of a minimum unobstructed width of five (5) feet shall be provided
and clearly definedmarked from the public sidewalk, or the public right-of-way
where there is no public sidewalk, to the public entrance of any principal
building. Such pedestrian pathways shall be handicapped accessible, surfaced
with concrete, asphalt, bituminous pavement, brick or stone pavers, or a
permeable paver system, and shall be distinguished and separated from
driveways and parking spaces by landscaping, berms, barriers, grade
separation or other means to protect pedestrians from vehicular traffic. At all
points where a walkway crosses the lane of motor vehicle travel, raised
crosswalks shall be provided.
***
Table 323-1, Dimensional Matrix for
Institutional District (IN)
Standard IN
Density -
Lot area, minimum -
Lot area, maximum 5 acres
Lot frontage, minimum 100 feet
Lot frontage, maximum -
Front yard; minimum and maximum (where IN
District abuts a single zoning district in the same Same as abutting zoning district
block face)
Front yard, minimum and maximum (where IN
District abuts two different zoning districts in same Average of the two (2) abutting zoning districts
block face)
Front yard, minimum (where IN District extends for 20 feet
entire block face) ,
Front yard, minimum maximum (where IN District 40 feet
extends for entire block face)
Side yards, minimum combined width -
Side yard, minimum 10 feet, unless subj ect to a greater buffer yard
requirement as set forth in Section 36.2-647(c)
Rear yard, minimum 10 feet, unless subj ect to a greater buffer yard
requirement as set forth in Section 36.2-647(c)
Height, maximum 40 feet
Floor area ratio, maximum -
Impervious surface ratio, maximum 80%
,
***
a-Amending Zoning2,doc
3
Sec. 36.2-340. Use matrix.
The uses permitted as of right or by special exception within each zoning district shall
be as set forth in Table 340-1.
Table 340-1. Use Matrix
Table 340-1. Use Matrix
Key: uP" means permitted as of right as a principal use, "S" means permitted by special exception as a principal use, A blank cell
means prohibited, Under "Accessory Uses'; "A" means permitted as an accessory use; "S" means permitted by special exception as
an accessory use; and a blank cell means rohibited,
:2 ~ ~ ~ Q)
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Use a:: a:: a:: a:: a:: a:: a:: () () () ..!. ..!. a a:: <:( ~
Accessorv Uses
* * *
Portable storage A A A
container, subject to
Sec. 36.2-403
* * *
Residential Uses ,
Dwelling, Single-family p
attached
* * *
Commercial Uses: Miscellaneous
* . .
Pet crematorium p
***
3. Article 4, Supplemental Regulations, of Chapter 36.2, Zoning, of the Code of the City
of Roanoke (1979), as amended, is hereby amended and reordained by amending subsections (b)(6)
and (c), and by adding new subsection (1) of Section 36.2-403, Accessory uses and structures, by
amending subsections (a) and (b), and by adding new subsection (c) of Section 36.2-410, Fences and
walls, and by amending subsection (d) of Section 36.2-429, Temporary uses, to read and provide as
follows:
Sec. 36.2-403. Accessory uses and structures.
O-Amending Zoning2,doc
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O-Amending Zoning2,doc
* * *
(b) General standards.
* * *
(6) The cumulative square footage of all accessory structures, excluding
outdoor tennis courts, in-ground swimming pools, arbors, and
trellises shall not exceed forty (40)'percent of the gross floor area of
the principal structure, provided that for purposes of such calculation,
basement areas which are not considered a story above grade plane,
as defined and determined by the Virginia Uniform Statewide
Building Code, and unfinished attics shall not be' included in the
gross floor area of the principal structure.
***
(c) Setbacks and spacing standards, general. Except for fences, walls, arbors,
trellises, or outdoor light support structures, or as otherwise provided in this
section, the following setback and spacing requirements shall apply to accessory
structures:
(1) Accessory structures shall be located no closer than five (5) feet
to a rear or side lot line, except as provided in subsection (t),
below.
(2) Accessory structures shall be located no closer to any street than
the principal building, except as set forth in subsections (A) and
(B) below, provided such exceptions set forth in (A) and (B)
below shall not apply to refuse dumpster enclosures.
(A) In the case of any comer lot with more than two (2) street.
frontages or any through lot, such requirement shall apply
to only one (1) public street, provided no accessory
structure shall be located closer than five (5) feet to any
such lot line abutting a public street; or
(B) In the case of any comer lot with two (2) street frontages,
such requirement shall not apply to a second front yard,
provided no accessory structure shall be located closer
than five (5) feet to such front lot line.
(3) Accessory structures shall be located no closer than six (6) feet to
a principal structure or another accessory structure.
***
5
(I) Portable storage containers. Portable storage containers shall be pennitted
by right as accessory uses as set forth in Sec. 36.2-340, Use matrix, subject to
the following supplemental regulations:
(1) Portable storage containers shall not be permitted on any lot that
does not contain aprincipal building;
(2) Portable storage containers shall be permitted only for storage
purposes as an accessory use to the principal use of the lot on which
such container may be located;
(3) Portable storage containers shall not be connected to any utilities,'
(4) No more than two (2) signs may be displayed on any portable
storage container, and such signs shall be limited to identification of the
supplier of the container and the supplier's phone number;
(5) No portable storage container shall be located closer to a street than
the principal building;
(6) No portable storage container shall be located closer than five (5)
feet to any side or rear lot line, but in no case shall such container be
located within a required buffer yard;
(7) No portable storage container shall be placed or located on, or
block access to, a required parking space, circulation aisle, or fire
access lane, or cause a visual obstruction to pedestrians or motor
vehicles leaving or entering the property;
(8) The vertical stacking of portable storage containers shall be limited
to two (2) high, and the stacking of any materials or merchandise on top
of any portable storage container shall be prohibited;
(9) Portable storage containers that are visible from a street shall be
screened from view by providing a Category "C" buffer as defined in
Section 36.2-647(b); and
(10) Portable storage containers shall not be located closer than fifty
(50) feet to any residential zoning district.
***
Sec. 36.2-410. Fences, fH1El-walls, arbors, and trellises.
(a) Applicability. Fences, iHiG-walls, arbors, and trellises shall be subject to the
supplemental regulations of this section. For the purpose of this section, "walls"
shall include decorative walls and walls intended' as a buffer or screen. The
supplemental regulations of this section shall not apply to retaining walls. The
supplemental regulations of this section shall apply to freestanding trellises and
arbors as well as trellises attached to fences.
O-Amending Zoning2,doc
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(b) Fence and wall &standards.
* * *
(c) Arbor and trellis standards.
(1) The following setback requirements shall apply to any arbor,
provided it shall be no greater than nine (9) feet in height, constitute no
more than 150 square feet, and each surface of the arbor shall be at
least fifty (50) percent open.
(A) Arbors may be located within any side or rear yard.
(B) On a lot with only one (1) lot frontage, arbors shall not be
permitted between the building line and the lot frontage, except
that in the case of any lot with no principal building, an arbor
shall not be located within the required minimum front yard of
the applicable zoning district.
(C) On a lot with more than one (1) lot frontage, arbors shall
not be permitted between any building line on which the principal
entrance to the building is situated and the lot frontage which it
faces, except that in the case of any lot with no principal
building, an arbor shall not be located within the required
minimum front yard of the applicable zoning district.
(2) A trellis may be located in any yard, provided it is no greater than
nine (9) feet in height, six (6) feet in width, and three (3) feet in depth,
and provided further that each surface of the trellis shall be at least fifty
(50) percent open.
(3) Any arbor or trellis which exceeds the dimensional standards of (1)
and (2) above shall be subject to the setback and spacing standards set
forth in Sec. 36.2-403, Accessory uses and structures.
* * *
Sec. 36.2-429. Temporary uses.
* * *
(d) Portable storage containers. The provisions of this section shall apply to
the placement, location, erection, or relocation of any portable storage container,
except as provided in section 36.2-429(b) or for those portable storage
containers which are permitted as accessory uses as set forth in the Use Matrix,
Portable, storage containers shall be prohibited in all zoning districts excopt that
such portable storage containers shall be permitted as temporary uses as set forth
in Table 429-1, subject to the following additional standards:
a-Amending Zoning2,doc
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(1) The following standards shall apply to any portable storage
container permitted as a temporary use by this chapter:
(A) The placement of any portable storage container on a lot
shall be permitted only upon issuance of a zoning permit;
(B) Portable storage containers shall not be permitted on any
lot that does not contain a principal building;
(C) Portable storage containers shall be permitted only for
storage purposes as an accessory use to the principal use
of the lot on which such container may be located;
(D) Portable storage containers shall not be connected to any
utilities;
(E) No more than two (2) signs may be displayed on any
portable storage container, and such signs shall be limited
to identification of the supplier of the container and the
supplier's phone number; and
(F) The vertical stacking of portable storage containers and
the stacking of any other materials or merchandise on top
of any portable storage container shall be prohibited.
* * *
4. Section 36.2-571, Zoning Violations, of Division 7, Enforcement, of Article 5,
Procedures, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, is
hereby amended and reordained by adding new subsections (a)(3) and (a)(4) to read and provide as
follows:
Sec. 36.2-571. Zoning Violations.
(a) Generally.
***
(3)
The zoning administrator may present sworn testimony to a magistrate,
and if such sworn testimony establishes probable cause that a zoning
violation has occurred, the zoning administrator or agent may request
that the magistrate grant the zoning administrator or agent an inspection
warrant to enable the zoning administrator or agent to enter the subject
dwelling for the purpose of determining whether violations of the zoning
ordinance exist.
O-Amending Zoning2.doc
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(4) The zoning administrator shall make a reasonable effort to obtain
consent from the owner or tenant of the subject dwelling prior to seeking
the issuance of an inspection warrant under this section.
5. Article 6, Development Standards, of Chapter 36.2, Zoning, of the Code of the City of
Roanoke (1979), as amended, is hereby amended and reordained by amending Section 36.2-610,
Utilities, of Division 1, Utilities; subsection (b)(5)(B) of Section 36.2-648, Parking area landscaping,
of Division 4, Landscaping and Screening; Table 652-2, Required Off-Street Parking Spaces, of
Section 36.2-652, Minimum off-street parking; subsections (c) and (f) of Section 36.2-654, Off-street
parking area standards, of Division 5, Off-Street Parking and Loading, and subsection (a) of Section
36.2-671, Building-mounted signs, of Division 6,~, to read and provide as follows:
Sec. 36.2-610. Utilities.
In all zoning districts, all utility service laterals or service lines associated with a
basic or comprehensive development plan shall be located underground; however,
utility service laterals or service lines may be located above ground to the point of
connection when routed directly to the rear of the structure by way of an alley or utility
easement where there are existing overhead distribution lines. All transformers
required to serve a development and located on the property associated with a basic or
comprehensive development plan may be located above ground but shall be surface
mounted on pads on the ground. Such surface mounted transformers shall be subject to
the screening requirements of Sec. 36.2-649(b).
* * *
Sec. 36.2-648. Parking area landscaping.
* * *
(b) Parking area landscaping standards. Parking areas shall be subject to the
following landscaping standards:
* * *
(5)
Landscaping strips along the perimeters of all parking areas that
front on a public street shall be provided at a minimum width of
eight (8) feet and shall include the quantities and types of
plantings as set forth in subsections (A) and (B), below. Trees
shall be planted within eight (8) feet of a parking space or access
aisle directly accessing a parking space in order to count toward
meeting the requirements of subsection (A), below.
O-Amending Zoning2,doc
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r
* * *
\ (B) Evergreen or deciduous shrubs spaced no father: farther
apart than at a rate of three (3) feet on center.
* * *
Sec. 36.2-652. Minimum off-street parking.
, * * *
Table 652-2. Required Off-Street Parking Spaces
,
Rules ofInterpretation: In Column (B), "sf' means the net floor area in square feet for the principal structure, or use if the
use occupies only part of a structure, unless otherwise noted in the table, "Employee" means the number of employees on
the largest shift, In Column "C", "*" means the maximum parking regulations set forth in Section 36.2-653 shall not apply,
(C)
(A) (B) Maximum
Use Minimum Park,ing Spaces Required Parking Not
Applicable
* * *
Residential Uses
Dwelling, Single-family attached 2 per dwelling unit *
* * *
Commercial Uses: Office and Related Uses
* * *
Medical Clinic 1 per -400 300 sf
* * *
Commercial Uses: Miscellaneous
* * *
Pet crematorium 1 per 1000 sf
* * *
Sec. 36.2-654. Off-street parking area standards.
***
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(c) Pedestrian access. In the CG and CLS Districts, designated, clearly
identified pedestrian access shall be provided between off-street parking areas
and public entrances of a building or use which is required to provide fifty (50)
or more parking spaces, as set forth in Table 652-2, or which provides fifty (50)
or more parking spaces. Such Ppedestrian access shall consist of sidewalks or
other surfaced walkways of a minimum unobstructed width of five (5) feet
which are separated from ychicular traffic surfaced with concrete, asphalt,
bituminous pavement, brick or stone pavers, or a permeable paver system, are
handicapped accessible, and are separated from vehicular traffic by
landscaping, berms, barriers, grade separation or other means to protect
10
r
pedestrians from vehicular traffic. At all points where such pedestrian access
crosses the lane of motor vehicle travel, raised crosswalks shall be provided.
***
(f) Driveway standards.
* * *
(2) Driveways, except for single-family detached dwellings, shall be
subject to the following location and dimensional requirements,
with such requirements applying to the portion of the driveway
located between the right-ofway and the building line:
* * *
(C) Driveways shall meet the width requirements of Table 654-2.
Table 654-2, Driveway Widths,
Except for Lots Containing
Single-Family Detached Dwellingsl
I-way 2-way
Zoning Districts Minimum Maximum Minimum
Width Width Width Maximum Width
(feet) (feet) (feet) (feet)2
R-12, R-7, R-5, R-3, RM-l 10 12 -- --
RM-2, RMF 12 15 18 24
CN, MX, IN 12 15 18 24
CG, CLS, D 12 15 18 30
1-1,1-2, IPUD 12 18 18 30
MXPUD, INPUD 12 15 18 24
ROS, AD 12 18 18 30
* * *
(D) Maximum driveway widths as set forth in Table 654-2 may be
exceeded in accordance with the following provisions:
(1) Such increase in the width of driveways must be approved by
the Board of Zoning Appeals by special exception, pursuant to
the provisions set forth in Section 36.2-560;
(2) Such increase in the width of driveway shall be permitted
only upon the same lot as the principal use which the driveway is
intended to serve;
1 For driveway widths for single-family detached dwellings, in any zoning district, see Section 36.2-654(f)(1}.
2 In any district that has a maximum width of thirty (30) feet for a two-way driveway, the maximum width of a driveway
with a center median shall be forty-five (45) feet, provided the center median is a minimum width of five (5) feet and is
covered with grass or other vegetative groundcover.
a-Amending Zoning2,doc
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(3) The permitted maximum width of driveway created for any
use shall be established by the Board, and such maximum width
shall be limited to the required width as clearly demonstrated by
the applicant as set forth in (4) below; and
(4) The approval of such increase in the width of driveway shall
be based on findings related to unique' driveway and
ingress/egress demands created by the operational nature of the
use, intensity of utilization unique to the use, distance from
property line to edge of pavement, the configuration and width of
the street being accessed, and the turning radii of motor vehicles
used due to the operational nature of the use as demonstrated
through vehicle wheel path templates. Such documentation shall
be provided by the applicant.
* * *
(4) Driveway entrances shall be designed to maintain a cross slope of the
sidewalk at two (2) percent or less.
***
Sec. 36.2-671. Building-mounted signs.
In addition to the regulations set forth in Table 668-1 and Table 669-1, on-premises
building-mounted signs shall be subject to the following standards:
(a) Building-mounted signs shall be permitted only on the facades or
appurtenances of buildings or accessory structures which face upon an
abutting street or an abutting parking lot which provides at least seven
(7) parking spaces on the same lot on which the sign is located.
* * *
6. Section 36.2-704, Nonconforming structures, of Article 7, Nonconforming Uses,
Structures, and Lots, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended,
is hereby amended and reordained by amending subsection (d) to read and provide as follows:
Sec. 36.2-704. Nonconforming structures.
***
(d) The owner of any residential or commercial building damaged or destroyed by a
natural disaster or other act of God may repair, rebuild, or replace any such building,
1\ny nonconforming structure which is damaged or destroyed by any natural disaster or
other act of God shall be repaired, rebuilt, or replaced to eliminate or reduce the
nonconforming features to the extent possible, without the need to obtain a variance as
O-Amending Zoning2,doc
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provided in Section 36.2-561. If such structure cannot be repaired, rebuilt, or replaced
except to restore it to its original nonconforming condition, the owner shall have the
right to do so. The owner shall apply for a building permit and any work done to repair,
rebuild, or replace such building shall be in compliance with the provisions of the
Virginia Uniform Statewide Building Code, and any work done to repair, rebuild, or
replace such building shall be in compliance with the provisions of Section 36.2-333,
Floodplain Overlay District. Unless such structure is repaired or rebuilt within two (2)
years of the date of the natural disaster or replaced within two (2) years of the date of
the natural disaster or other act of God, such structure shall only be repaired, rebuilt, or
replaced in accordance with the regulations for the zoning district in which it is located.
However, if the nonconforming structure is in an area under a federal disaster
declaration and the structure has been damaged or destroyed as a direct result of
conditions that gave rise to the declaration, then the owner shall have an additional two
(2) years for the structure to be repaired, rebuilt, or replaced as otherwise provided in
this subsection.
* * *
7. Appendix A, Definitions, of Chapter 36.2, Zoning, of the Code of the City of Roanoke
(1979), as amended, is hereby amended and reordained by revising the definition of "Yard, front," and
adding definitions for "Arbor," "Dwelling, Single-family, attached," "Pet crematorium," "Street," and
"Trellis," to read and provide as follows:
* * *
Arbor: Open frameworks designed to offer shady resting places in a garden or park
Arbors are often made of metal work or latticework which serves as a trellis on which
climbing plants may grow~
* * *
Dwelling, Single-family, attached: A one-family dwelling unit, with its own independent
entrance at ground level, which is part of a building consisting of two (2) one-family
dwelling units, attached by a common vertical wall, and with, each dwelling unit being
located on its own individual lot.
* * *
Pet crematorium: An establishment in which the principal activity is the cremation of
domestic animals, and where all such activity occurs wholly enclosed in a building
For purposes of this definition, "domestic animals" shall include dogs and cats only.
* * *
Street: Any public way (or private way as may be applicable in a PUD) for vehicular
and pedestrian traffic which provides the primary means of access to lots,
O-Amending Zoning2,doc
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* * *
Trellis: A structure usually made from interwoven pieces olwood, bamboo, or metal
that is made to support a climbing plant or plants. It is usually constructed of long,
narrow wood or metal slats that are crisscrossed to produce square or diamond-shaped
spaces.
***
Yard, front: A yard extending between side lot lines across the front of a lot adjoining a
public street, the depth of which is the horizontal distance between the front lot line and a
line parallel thereto on the lot, as required by the respective zoning district regulations.
8. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
~"^:v '(v\.~~
City Clerk
O-Amending Zoning2,doc
14
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
September 15, 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:
An ordinance amending and reordaining Section 36.2-205,
Dimensional requlations; Section 36.2-314, Commercial Districts
(CN, CG, CLS); Table 323-1 of Section 36.2-323, Institutional
District (IN); Table 340-1 of Section 36.2-340, Use Matrix; Section
36.2-403, Accessory uses and structures; Section 36.2-410,
Fences and walls; Section 36.2-429, Temporary uses; Section
36.2-571, Zoninq Violations; Section 36.2-610, Utilities; Section
36.2-648, Parkinq area landscapinq; Table 652-2, Required Off-
Street Parkinq Spaces, of Section 36.2-652, Minimum off-street
parkinq; Section 36.2-654, Off-street parkinq area standards;
Section 36.2-671, Buildinq-mounted siqns; Section 36.2-704,
Nonconforminq structures; and Appendix A, Definitions, of Chapter
36.2, ZoninQ, of the Code of the City of Roanoke (1979), as
amended, for the purpose of updating and clarifying the City's
zoning ordinance.
Planning Commission Public Hearing:
Planning Commission public hearing was held on Thursday, August 21, 2008. There
was no one present to speak for or against the proposed amendments. By a vote of 7-
0, the Commission recommended approval of the proposed amendments.
Background:
With the adoption of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979),
as amended, staff committed to monitoring the application of the adopted zoning
regulations, and upon evaluation, presenting amendments which clarify adopted
regulations or refine regulatory concepts based on their practical application.
Considerations:
Since the City Council's adoption of the last package of text amendments on December
17, 2007, staff has continued to monitor the practical applications of the zoning
ordinance and has identified certain areas of the ordinance which require clarification,
refinement, or a change in regulatory concept.
Dimensional Regulations:
The proposed amendments include the following revisions to dimensional regulations:
· Front yards: In those circumstances where the front yard depth is subject to the
"infill rule," the proposed amendments require that, where the shallowest
adjoining front yard depth is greater than the maximum front yard depth of the
district, the minimum front yard depth of the subject property shall be the
minimum front yard depth of the applicable zoning district. (Current Code
requires that, in this circumstance, the minimum front yard depth of the subject
property shall be ten (10) feet less than the established front yard depth on the
adjoining property.)
· Maximum front yard requirements: In the application of maximum front yards,
the proposed amendments require that maximum front yards apply only to new
principal structures.
Regulations for Specific Zoning Districts:
The proposed amendments to the CN, CG, and CLS District regulations include the
following:
· Clarify the designated pedestrian pathway requirement from the public right-of-
way to the entrance of the principal building.
Use Matrix:
The proposed amendments include the following revisions to the Use Matrix:
· Portable storage container will be permitted by right as accessory use in the 1-1,
1-2, and IPUD Districts.
· Single-family dwelling, attached, will be permitted by right as principal use in the
MXPUD District.
· Pet crematorium will be permitted by right in the 1-1 District.
2
Supplemental Regulations:
The proposed amendments include the following revisions to Supplemental regulations:
. Exclude outdoor tennis courts, in-ground swimming pools, arbors, and trellises in
the calculation of the cumulative square footage of accessory structures.
. Exclude arbors and trellises from the setback and spacing standards for
accessory structures.
. Establish supplemental regulations for portable storage containers which are
permitted as accessory uses in the 1-1, 1-2, and IPUD Districts, including how
they are used, where they can be located on a lot, setbacks from side and rear
property lines, screening requirements, and distances required from residential
zoning districts.
. Establish supplemental regulations for arbors and trellises, including setback
requirements and where they may be located on a lot relative to building lines
and the street.
Development Standards:
The development standards of the zoning ordinance are intended to provide uniformity
in the criteria for development approval, to implement Vision 2001-2020, to protect the
public health and safety, and to protect property values and economic development.
The proposed amendments include revisions to the following areas of development
standards:
· Utilities: Clarify that, while transformers may be located above ground, they shall
be surface mounted on pads on the ground.
· Off-street parking and loading/ Minimum parking requirements: Add minimum
parking requirements for the new uses added to the Use Matrix (Single-family
dwelling, attached, and Pet crematorium) and revise the minimum parking
requirement for a medical clinic.
· Off-street parking and loading/ Pedestrian access: Clarify the designated
pedestrian pathway requirement between off-street parking areas and public
entrances of a building in the CG and CLS Districts.
· Off-street parking and loading/ Maximum driveway widths: Provide a special
exception process for a request to increase the width of driveways.
· Signs: Clarify the provision that building-mounted signs are permitted on a
building facade which abuts a parking lot.
3
Other Considerations:
. The following terms have been added and defined in Appendix A: Arbor;
Dwelling, Single-family, attached; Pet crematorium; Street; and Trellis.
. The regulations have been revised to reflect recent amendments to State Code.
. The word "public" has been deleted when modifying "street" in the definition of
"Yard, front" to clarify that a front yard adjoins any street, public or private.
Effect of proposed amendments:
The proposed amendments to the zoning ordinance will clarify certain regulatory tools in
their practical application and will resolve certain unintended consequences. The
proposed amendments will not have any retroactive application or any impact on
existing, legally established structures and uses, which will be "grandfathered" as
provided by law. The proposed amendments will only impact new development,
redevelopment, alteration, or change of use of properties.
Recommendation:
The Commission finds that the proposed amendments to the zoning ordinance are
consistent with, and will further the intent of, Vision 2001-2020. By a vote of 7-0, the
Planning Commission recommends approval of the proposed amendments to City
Council.
Respectfully submitted,
~~
Henry Scholz, Chairman
City Planning Commission
cc: Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
4
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on
Thursday, August 21,2008, at 1 :30 p.m., or as soon thereafter as the matter may
be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following:
Request from the City of Roanoke Planning Commission to amend
Chapter 36.2, Zoning, of the Code of the City of Roanoke, (1979), as
amended, by amending and reordaining as follows:
(1) Section 36.2-205, Dimensional requlations, of Article 2, Zoninq
Districts, by amending subsections (f)(2)(A)(ii) and (f)(4) to change
the minimum front yard depth and to clarify the application of the
maximum front yard requirements;
(2) Section 36.2-314, Commercial Districts (CN, CG. CLS), by
\,
amending subsection (e) to clarify pedestrian access in the CN, CG
and CLS Districts, and to require handicapped accessible
pedestrian pathways, separation of pedestrian access from
vehicular traffic, and raised crosswalks in some circumstances;
(3) Table 323-1 of Section 36.2-323, Institutional District (IN), to clarify
the maximum front yard in the IN District;
(4) Table 340-1 of Section 36.2-340, Use Matrix, of Division 4, Use
Matrix, to permit portable storage containers as accessory uses in
the 1-1, 1-2 and INPUD Districts, to permit single family attached
dwellings as a permitted use in the MXPUD District, and to permit
pet crematoriums as a permitted use in an 1-1 District;
(5) Section 36.2-403, Accessory uses and structures, by amending
subsections (b)(6) and (c) to specify exclusions from maximum
square footage, setback, and spacing requirements, and by adding
new subsection (I) to exclude certain accessory structures from the
cumulative square footage total and setback and spacing
standards, and to include regulations pertaining to portable storage
containers;
(6) Section 36.2-410, Fences and walls, by amending subsections (a)
and (b) to add arbors and trellises and specify the applicability of
certain standards for fences and walls, and by adding new
subsection (c) to regulate arbors and trellises and to include
standards for such structures;
(7) Section 36.2-429, Temporary uses, by amending subsection (d) to
exclude from certain regulations portable storage containers
allowed as accessory uses;
(8) Section 36.2-571, Zonina Violations, by adding new subsections
(a)(3) and (a)(4) to allow the Zoning Administrator to obtain an
inspection warrant under certain circumstances to determine
whether zoning violations exist;
(9) Section 36.2-610, Utilities, to specify the permitted location of
certain transformers;
(10) Section 36.2-648, Parkinq area landscapinq, by amending
subsection (b)(5)(B) to correct the spelling of "farther";
(11) Table 652-2, Required Off-Street Parkinq Spaces, of Section 36.2-
652, Minimum off-street parkinq, to revise the minimum off-street
parking requirement for medical clinic and to add "Dwelling, Single-
family attached" and "Pet crematorium" to the table;
(12) Section 36.2-654, Off-street parkinq area standards, by amending
subsections (c) and (f) to clarify pedestrian access in the CG and
CLS Districts, to require handicapped accessible pedestrian
pathways, raised crosswalks in some circumstances, and
separation of pedestrian access from vehicular traffic, to clarify the
location requirements for driveways, to add the R-12, R-7, R-5 and
R-3 zoning districts to the table for driveway widths, to add a
section relating to the circumstances under which maximum
driveway widths may be exceeded, and to add a section relating to
the design of driveway entrances;
(13) Section 36.2-671, Buildina-mounted siqns, by amending
subsection (a) allowing building-mounted signs to face a parking lot
under certain circumstances;
(14) Section 36.2-704, Nonconforminq structures, by amending
subsection (d) to permit the repair, rebuilding, or replacement of a
building damaged or destroyed by a natural disaster; and
(15) Appendix A, Definitions, by revising the definition of "Yard, front,"
and adding definitions for "Arbor," "Dwelling, Single-family,
attached," "Pet crematorium," "Street," and ''Trellis.''
A copy of the proposed amendments is available for review in the
Department of Planning Building and Development, Room 166, Noel C. Taylor
Municipal Building.
All parties in interest and citizens may appear on the above date and be
heard on the matter. If you are a person with a disability who needs
accommodations for this hearing, please contact the Department of Planning
Building and Development at 853-1730 before 12 noon on the Tuesday before
the date of the hearing listed above.
Martha P. Franklin, Secretary
City Planning Commission
Please publish in the newspaper on Tuesday, August 5 and August 12, 2008.
Please bill and send affidavit of publication to:
Martha P. Franklin, Secretary
City Planning Commission
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853-6874
1 (1l)5ectlon' 36,2-571,
NonCE OF PUBLIC Zoning Violations, by adding
HEARING ; new subsections (a)(3) and,
I (a)(4) to allow the Zoning
The Council of the City of Administrator to obtain an
Roanoke will hold a public 'inspection warrant under
:hearing on Monday, 1 certain circumstances to
"September 15. , 2008, at determine whether zoning
I violations exist;
The "Roano'ke,,--Times., 7:00 p,m" or, as soon! (9)Sectlon 36,2,610,
.. '"".,-.' ',U'>,' ":J '-,c,"',,' thereaftera~thematterma,y I Utilities, to specify the
- - - - - - .. - .. - - - - - - - - - - - - - - - - - - - - .. - - - - - - - .. - - .. - - - - - - .. .. - + . be heard, In the Council - permitted location of certain
i Chamber, fourth floor, In the, j transformers;
I ,Noel C, Taylor Municipal (10)Section 36,2-648,
I 8u lid i ng, 215 Ch u rch I Parking area landscaping, by
Avenue, S,W" Roanoke, d' b '
Virginia to consider the amen Ing su section
I' following:' ' (b)(~)(8).to co~rectthe
I Request from the City of, spelling of farther; ,
I . R 0 a n 0 k e P I ann i n g' (11)Table 65?,2, Required
II Commission to amend; Off-Street ParklngSp~~es, of
Chapter 36,2, Zoning, of the ' Section 36,2-652, Mlnlm~m
I.' Code of the City of Roanoke, off,stre,et parking, to revise
, (1979), as amended, by the I)'lnlmum off-street
Ii amending and reordaining park!ng r~q~"ement for
as follows: I ~edlca,1 c,,"'~ and t.o add
I! (1)Sectlon 36,2-205, : Dl'!elhng, ~lngle-f~mlly
: Dimensional regulations, of - at t a c h, ed, and Pet
I' Article 2, Zoning Districts, by crematorium to the table;
I amending subsections' (12)Sectlon 36,2-654,
I' (f)(2)(A)(li) and (f)(4) to Off-street parking area.
I change the minimum front standards, by amending
I yard ~epth and to clarify the sub~ectlOns (~) and (f) ~o I
, application of the maximum. clarify pedestrlan,ac~ess In I
I: front yard requirements; ,the CG and CLS~~ICtS" to
II (2)Sectlon 36,2-314, '( , -,
Commercial Districts (CN, requ re handlcap~ed
I' CG, CLS), by amending acceSSible pedestrlan
, subsection (e) to clarify pathways" raised crosswalks
II pedestrian access in the CN, In some ~lrcumstances, ~nd
~ CG and CLS Districts, arid to ,separation of pedestrl~n
II req u I re h and ica p pe d access from vehicular tra~lc,
accessible pedestrian ',to' c,larlfy the I~catlon I
I; pathways, separation of requirements for driveways,
I pedestrian access from> to add the R-12" R-!, R-5'
I: vehicular traffic and raised . and R-3 zoning districts to:
: crosswalksin some t~e table for drlve~ay,
I! circumstances; ,widths, to ad~ a sectIOn
, (3)Table 323-1' of.Sectlon ,relating to t~e circumstances,
I, 36,2-323, Institutional ,.un,der ,Whl~h maximum
I' District (IN), to clarify the ,drIVeway Widths may be
I maximum front yard In the ,exc~eded, and to add a
I IN District' section relating to the design'
. (4)Table' 340-1 of Section ! of driveway, entrances;
II 36,2-340, Use'Matrix, of {~3)~ectlon 36,~'671"
I Division 4, Use Matrix, to : BUlldln~-mounted sl~ns, by,
I( .permit portable storage :ame~dlng,~ubsectlOn (a),
containers as accessory uses a!lowlng bUlldlng,m~unted,
I in the 1-1, 1-2 and INPUD signs to fa,ce ~ parklng'lo,t
\ Districts, to permit single under cert~ln circumstances, i
I family attached dwellings as (14)Sectlo~ 36,2-704'1
a permitted use in the 'Nonconfo~mlng stru~tures"
I MXP'UD District, and to by amending subsection ~d)
I permit pet crematoriums as to pe!m It th e re pa rr,
I i a permitted use in an 1-1 rebull~In~, or replacement of
I 'District' a bUilding damaged or',
, '(5)Se'ction 36,2-403, d,estroyed by a natural,
II A c c e s s 0 r y use s, and disaster; and , ' ,
, structures, by amending (1?)~ ,P pen d ! ,x A"
I' subsections (b)(6) and (c) to Def!nlt!ons, bX revIsing th~
, specify exclusions from deflnlllo,n o,f Y~rd, front,
I. maximum square footage, ~nd addln~ ~eflnltlOn,s for
I setback, and spacing !lrbor" Dwell~~g,
I; requirements, and by adding SI~gle-fa~lIly, ~~ached,,, Pet
I new subsection (1)' to crem,at?rlum, Street, and
I exclude certain accessory "Trellis, ,
Is t,r u c t u res fr 0 m the , A copy of the amendl)'ents
I cumulative square footage IS ayallable for, reylew In the
I total and setback and Office of the City Clerk,
; spacing standards, and to Room ~56, Noel ,C, Taylor
I' Inc.Jude regulations MuniCipal Building, 215
,pertaining to portable Church ~v~~ue, S,W"
I storage containers' Roanoke, Virginia,
, ,(6)Section 36,2-410, ,A,II parties in Interest and
I ' Fen c e san d wall s, by Citizens may appear on the
, amending subsections (a) above date and be heard on
II and (b) to add arbors and the matter, If you are a
I trellises and specify the person with a disability who
I, applicability of certain n,,:eds accommodations for
standards for fences and thiS hearing, pl?ase ~ontact I
I walls,'and by adding new the City Clerk s Office, at,
! subsecll.on (c) to regulate 853-2541, before noon on,
I arbors and trellises and to the Thursd~y b~fore the date!
include standards for such of the hearing listed above,: '
- - - - - - - - - - - - - structures' GIVEN under my hand thiS
(7)S e ct"i 0 n 3 6 2 _ 4 2 9 26th'day of August, 2008.
Tern po r a r y use s, b y Stephanie M, M~on, CMC
amending subsection (d) to City Clerk"
exclude from certain
regulations portable storage I (110~~232) ,__
containers allowed as
Bill i n39~e;;.:;o..rr,~___-. e pre s en t at i ve
....
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
r
STEPHANIE M. MOON
CITY OF ROANOKE CLERK'S
215 CHURCH AVE SW RM 456
NOEL C. TAYLOR MUNICIPAL
ROANOKE VA 24011
OFFICE
BLDG.
REFERENCE:
32143302
11059232
NPH-Zoning Amendment
State of Virginia
City of Roanoke
I, (the undersigned) an authori zed representa t i ve
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of ~oanoke, Commonwealth/State of
Vi:s.ginia. Sworn and subscribed before me this
__~~_day of Sep 2008, Witness my hand and
official seal. ~ ~
(J~~N~~a~ Puplic
xpires --------~tlt:)L~L~--.
PUBLISHED
08/29
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: * : REG. #7090930 ': * =
: : MY COMMISSION: :
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09/05
TOTAL
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COST:
ON:
1,218.00
09/05/08
--- --- --- --- -- -- -- -- --- -- --- --- -- ----
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Signature'~_~____t.
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NOTICE OF PUBLIC HEARING
(
:i.
The Council of the City of Roanoke will hold a public hearing on Monday, September 15,
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 the City of Roanoke Planning Commission to amend Chapter
36.2, Zoning, of the Code of the City of Roanoke, (1979), as amended, by
amending and reordaining as follows:
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Zoning Amendments,doc
(1)
Section 36.2-205, Dimensional regulations, of Article 2, Zoning
Districts, by amending subsections (f)(2)(A)(ii) and (f)(4) to change
the minimum front yard depth and to clarify the application of the
maximum front yard requirements;
Section 36.2-314, Commercial Districts (CN. CG. CLS), by
amending subsection (e) to clarify pedestrian access in the CN, CG
and CLS Districts, and to require handicapped accessible pedestrian
pathways, separation of pedestrian access from vehicular traffic, and
raised crosswalks in some circumstances;
Table 323-1 of Section 36,2-323, Institutional District (IN), to clarify
the maximum front yard in the IN District;
Table 340-1 of Section 36.2-340, Use Matrix, of Division 4, Use
Matrix, to permit portable storage containers as accessory uses in the
I-I, 1-2 and INPUD Districts, to permit single family attached
dwellings as a permitted use in the MXPUD District, and to permit
pet crematoriums as a permitted use in an I-I District;
Section 36.2-403, Accessory uses and structures, by amending
subsections (b)( 6) and (c) to specify exclusions from maximum
square footage, setback, and spacing requirements, and by adding new
subsection (1) to exclude certain accessory structures from the
cumulative square footage total and setback and spacing standards,
and to include regulations pertaining to portable storage containers;
Section 36.2-410, Fences and walls, by amending subsections (a) and
(b) to add arbors and trellises and specify the applicability of certain
standards for fences and walls, and by adding new subsection (c) to
regulate arbors and trellises and to include standards for such
structures;
Section 36.2-429, Temporary uses, by amending subsection (d) to
exclude from certain regulations portable storage containers allowed
as accessory uses;
Section 36.2-571, Zoning Violations, by adding new subsections
(a)(3) and (a)(4) to allow the Zoning Administrator to obtain an
inspection warrant under certain circumstances to determine whether
zoning violations exist;
1
(9) Section 36.2-610, Utilities, to specify the perfultied.Jg9a!ion.ofcertain
transformers; .., """"'.., "'"
(10) Section 36.2-648, Parking area landscaping, by amending subsection
(b)( 5)(B) to correct the spelling of "farther";
(11) Table 652-2, Required Off-Street Parking Spaces, of Section 36.2-
652, Minimum off-street parking, to revise the minimum off-street
parking requirement for medical clinic and to add "Dwelling, Single-
family attached" and "Pet crematorium" to the table;
(12) Section 36.2-654, Off-street parking area standards, by amending
subsections (c) and (f) to clarify pedestrian access in the CG and CLS
Districts, to ,require handicapped accessible pedestrian pathways,
raised crosswalks in some circumstances, and separation of pedestrian
access from vehicular traffic, to clarify the location requirements for
driveways, to add the R-12, R-7, R-5 and R-3 zoning districts to the
table for driveway widths, to add a section relating to the
circumstances under which maximum driveway widths may be
exceeded, and to add a section relating to the design of driveway
entrances;
(13) Section 36.2-671, Building-mounted signs, by amending subsection
(a) allowing building-mounted signs to face a parking lot under
certain circumstances;
(14) Section 36.2-704, Nonconforming structures, by amending
subsection (d) to permit the repair, rebuilding, or replacement of a
building damaged or destroyed by a natural disaster; and
(15) Appendix A, Definitions, by revising the definition of "Yard, front,"
and adding definitions for "Arbor," "Dwelling, Single-family,
attached," "Pet crematorium," "Street," and "Trellis."
A copy ofthe amendments is available for review in the Office of the City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter.
If you are a person with a disability who needs accommodations for this hearing, please contact the
City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed
above.
GNEN under my hand this 26th day of August
,2008.
Stephanie M. Moon, CMC
City Clerk.
Zoning Amendments,doc
?
Notice to Publisher:
Publish in the Roanoke Times on Friday, August 29,2008, Friday, September 5,2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
NPH- Zoning Amendments,doc
Send Bill to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
3
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W" Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva,gov
STEPHANIE M, MOON, CMC
City Clerk
September 16, 2008
SHEILA N, HARTMAN. CMC
Deputy City Clerk ,
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:
I am enclosing copy of Ordinance No. 38238-091508 amending Vision 2001-
2020. the City's Comprehensive Plan, to include the Mountain View/Norwich
Corridor Plan dated August 22, 2008.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, September 15, 2008, and is in
fu II force and effect upon its passage.
;;;l~ h'I. O~
Stephanie M. Moon, CMC ~
City Clerk
SM M :ew
Enclosu re
pc: Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Manager for Community Development
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
Martha P. Franklin, Secretary, City Planning Commission
01~
(J \f \J
b "
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15 th day of September, 2008.
No. 38238-091508.
AN O~INANCE approving the Mountain View/Norwich Corridor Plan
dated August 22, 2008, and amending Vision 2001-2020, the City's
Comprehensive Plan, to include such Plan; and dispensing with the second
reading by title of this ordinance.
WHEREAS, on August 21, 2008, the Mountain View/Norwich Corridor
Plan dated July 17, 2008 (the "Plan"), was presented to the Planning Commission;
WHEREAS, the Planning Commission held a public hearing on that date
and recommended adoption of the Plan and amending Vision 2001-2020, the
City's Comprehensive Plan, to include such Plan, as amended; and
WHEREAS, in accordance with the provisions of 915.2-2204, Code of
Virginia (1950), as amended, a public hearing was held before this Council on
September 15, 2008, on the proposed Plan, as amended, at which hearing all
citizens so desiring were given an opportunity to be heard and to present their
views on such amendment.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. That this Council hereby approves the Mountain View/Norwich
Corridor Plan dated August 22, 2008, and amends Vision 2001 - 2020, the City's
Comprehensive Plan, to include such Mountain View/Norwich Corridor Plan as
an element thereof.
O-Amend Vision 2001-2020-include Mountain View-Norwich Corridor.doc
1
2. That the City Clerk is directed to forthwith transmit attested copies
ofthis ordinance to the City Planning Commission.
3. Pursuant to the provisions of S 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST: '
~.~m.~
City Clerk.
.. ~,
O-Amend Vision 200l-2020-include Mountain View-Norwich Corridor,doc
2
CITY OF ROANOKE
PLANNING BUILDING
& ECONOMIC DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@roanokeva.gov
Architectural Review Board
Board of Zoning Appeals
Planning Commission
September 15, 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:
Amendment of Vision 2001-2020, the City's comprehensive plan,
to include the Mountain View/Norwich Corridor Plan,
Planning Commission Public Hearing:
Planning Commission public hearing was held on Thursday, August 21, 2008, There
was no one present to speak for or against the application. By a vote of 7-0, the
Commission recommended approval of the amendment.
Background:
Staff from the City's Department of Planning Building and Development, Office of
Environmental Management, and Office of Economic Development has developed a
corridor plan for the Roanoke River in the Mountain View and Norwich Neighborhoods.
The project team worked with neighborhood residents and business owners through a
series of public workshops and meetings as well as with staff from other City
departments with a role in projects affecting the corridor (e.g., Parks & Recreation,
Engineering, and Transportation). The bulk of the public input occurred between June
2007 and June 2008.
The overall goal of the plan is to revitalize an underused industrial corridor along the
Roanoke River. Vision 2001 - 2020 recognizes redevelopment of underused
commercial and industrial properties as a strategic economic development initiative. To
advance this initiative, The City-Wide Brownfield Redevelopment Plan contains an
action to develop detailed corridor plans for underused industrial/commercial areas.
These corridor plans would be based on community input, input from other City
departments, content of other plans and policie~ ?eve_loped for the area (e.g.,
Members of City Council
September 15, 2008
Page 2
neighborhood plans), and contain strategies and recommendations for redevelopment
in the area.
Considerations:
The corridor consists largely of industrial zoned property along the Roanoke River in the
Mountain View and Norwich neighborhoods. The property was developed for industrial
use as early as the late 1800s (Norwich) and early 1900s (Mountain View). These were
generally small operations served by the rail lines running along both banks of the river.
Based on general economic trends (decreases in manufacturing operations) and
operating conditions (transportation emphasis on trucking rather than rail), many of
these properties are now vacant or underused. Although viable businesses remain in
the corridor, the prevalence of poorly maintained properties has created a blighting
effect in the area.
The Mountain View/Norwich corridor is a good candidate for development of a specific
plan due to a number of changes in conditions that have occurred or are occurring:
1. The Roanoke River Flood Reduction Project.
2. The extension of the Roanoke River greenway through the corridor.
3. Acquisition of the Hannah Court trailer park by the City in 2006 with planned
redevelopment as a public park.
4. A brownfield redevelopment program has been a City initiative since late 2005 with
the neighborhoods as an initial target area.
5, Investment/development opportunities in the 700 block of 13th Street (renovation of
the Mountain View Recreation Center, potential sale of a property with vacant
historic home by the Roanoke Redevelopment and Housing Authority for
rehabilitation, and the redevelopment opportunity presented by the former Maple
Shades apartments site at 13th Street and Cleveland Avenue).
6. Significant investment is occurring in downtown Roanoke and in Old Southwest to
the east of the corridor. Grandin Village to the southwest of the corridor recently
underwent significant streetscape improvements helping spur private investment
thus situating the Mountain View/Norwich Corridor strategically between downtown
and a thriving village center.
Long-term land use recommendations in the plan can be broken into four broad
categories to create the vision for the corridor:
1. Conversion of industrial property in the floodway and possibly portions of the
1 OO-year flood plain to recreation and open space along the Roanoke River,
2. Revitalize the 13th Street gateway by encouraging mixed commercial/residential
infil!.
Members of City Council
September 15, 2008
Page 3
3. Revitalize Cleveland Avenue from an underused industrial corridor to a
"craftsman" district consisting of small shops, studios, commercial and residential
uses.
4. Improve compatibility of industrial operations in Norwich with the surrounding
residential neighborhoods.
A significant recommendation of the plan is the creation of a new special zoning district
focused on the Cleveland Avenue corridor that would allow the intended mixture of
uses. The district would be developed in a manner that would allow continued operation
of existing, viable businesses and desired future uses. An overlay district may be
incorporated along with the special zoning district as well to provide requirements
related to the form of new development.
The plan also provides guidance on strategies to identify partnerships and funding
opportunities for plan implementation and recommends the formation of an advisory
committee consisting of neighborhood residents and business owners to provide input
and direction ad the plan is implemented.
Recommendation:
By a vote of 7-0, the Planning Commission recommends approval of the Mountain
View/Norwich Corridor Plan as a component of Vision 2001-2020.
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
!
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on
Thursday, August 21, 2008, at 1 :30 p.m., or as soon as the matter may be heard,
in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215
Church Avenue, S.W., Roanoke, Virginia, to consider the following:
Request to amend Vision 2001-2020, the City's comprehensive plan, to
include the Mountain View/Norwich Corridor Plan dated July 17, 2008,
with the purpose of such plan being to help guide brownfield
redevelopment within the Mountain View/Norwich corridor, using
strategies, policies and actions outlined in the plan.
A copy of the plan is available for review in the Department of Planning
Building and Development, Room 166, Noel C. Taylor Municipal Building.
All parties in interest and citizens may appear on the above date and be
heard on the matter. If you are a person with a disability who needs
accommodations for this hearing, please contact the Department of Planning
Building and Development at 853-1730 before 12:00 noon on the Tuesday before
the date of the hearing listed above.
Martha P. Franklin, Secretary
City Planning Commission
-------------------------------------------------------------------------------------------------------
Please print in newspaper on Tuesday, August 5 and 12,2008
Please bill and send affidavit to:
Martha Franklin, Planning Building and Developmen
tRoom 166, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,
Roanoke, VA 24011
(540) 853-6874
IN THE PLANNING COMMISSION OF THE CITY OF ROANOKE, VIRGINIA
This 21st day of August, 2008
A RESOLUTION recommending the adoption of the Mountain View/Norwich
Corridor Plan as an element of the City's Comprehensive Plan.
WHEREAS, a series of public workshops were held between June 2007 and
June 2008 with neighborhood residents and business owners to gain input into the plan;
WHEREAS, the goal of the plan is to revitalize an underused industrial corridor
along the Roanoke River;
WHEREAS, the Mountain View/Norwich Corridor Plan has been advertised in
accordance with Section 15.2-2204 of the Code of Virginia (1950), as amended, and
pursuant to that notice, a public hearing was held on August 21, 2008, at which all
persons having an interest in the matter were given a chance to be heard.
BE IT RESOLVED by the Planning Commission of the City of Roanoke that it
recommends to City Council that the Mountain View/Norwich Corridor Plan, dated
August 22,2008, be adopted as an element of the City's Comprehensive Plan, and that
by signature of its Chairman below, the Planning Commission hereby certifies the
attached copy of the plan to City Council.
ATTEST:
~~
Chairman
"Inviting Roanoke Back to its River"
ountain View / orwich
Corridor an
August 22/ 2008
VISion
Ac:knowledgements
City Council
Mayor David A. Bowers
Vice Mayor Sherman P. Lea
Gwendolyn W. Mason
Alvin L. Nash
AnitaJ. Price
Court G. Rosen
David B. Trinkle
Planning Commission
Chairman Henry Sholz
Vice Chairman Paula Prince
D. Kent Chrisman
Robert B. Manetta
Angela Penn
Richard Rife
Fredrick M. Williams
Planninq Buildinq and Development
Tom Carr, Director
Brownfield Proiect Team
Christopher Blakeman
Brian Brown
B.T. Fitzpatrick
Ian Shaw
Angie Williamson
Table of Contents
EXECUTIVE SUMMARY' ............................ ............................. ...... ..... ................... 3
1. PURPOSE/VISION STATEMENT ..................................................................3
Support from the Comprehensive Plan................................................ 4
Long-term Vision for the Corridor....................................................... 4
Partnershi ps ............................ ..... ............. ......................................... 5
Key Definitions ....... ............................................. ............. .................. 5
Relationship to Other Plans ................................................................ 6
2. Corridor Study.... ......................................................... ............................ 7
Corridor Description............... ..... ............................... ........................ 7
Historical Industrial Operations and Potential Environmental Issues ...6
Current Projects Impacting the Corridor .............................................8
Flood Reduction Project and Roanoke River Greenway................... 8
Hurt Park Initiative......................................................................... 8
Mountain View Recreation Center .................................................. 9
3. Corridor Plan - Vision..............................................................................9
Neighborhood Plans. ..... .............................. ................................ ..... 10
Specific Plan Input ............................................................................ 10
Public Comments. ............................. .......... ................................. 10
Input from Other City Departments ............................................. 11
Long-term Land Use Recommendations ............................................ 12
Basis for Proposed Special Use District .............................................20
4. Corridor Plan - Strategies, Policy and Actions to Implement................... 25
Overall Corridor............................................................................... 28
Recreation Open Space. ............. ................ .......................... ............. 29
13th Street Gateway ...........................................................................28
Cleveland Avenue Special Use District............................................... 32
Large Scale I nd ustrial ....................................................................:.. 34
Flood Plain Issues ............................................................................. 35
Fun din g So u rce s ... . . . .... . . . .. . . . ... .. . . ... .. . .. . . . .. . . . .... . .. ... .... . .... . .... . . . ..... . . . ... 35
Best use of grant funds................................................................ 35
Other funding options ...... ...... .................. ........ ........................... 36
Use of Tax Incentives ....................................................................... 35
Long-Term Stewardship............................................ ........................ 36
Design Considerations. ............. .................. ................ ..................... 40
5. Implementation of Policy and Actions.................................................... 42
Create a marketing theme ................................................................ 42
Routi ne plan review.................... ...... ............. ........... ............. ........... 40
Stakeholder advisory com m ittee....................................................... 40
Coord i nation with parties................................................................. 40
2
EXECUTIVE SUMMARY
The Mountain View/Norwich Corridor Plan was developed in response to a policy
recommendation in the City-Wide Brownfield Plan. The City of Roanoke identified the
Mountain View/Norwich area as one of two initial focus areas in the brownfields
initiative and produced this plan to implement policies and actions set forth in the
Comprehensive Plan, Vision 2001- 2020, and the City-Wide Brownfield Plan which was
adopted as part of the Comprehensive Plan in January 2008.
"Inviting Roanoke Back to Its River' aims to transform the Mountain View/Norwich River
Corridor from a dormant area to a vibrant district connected to the neighborhoods.
Environmental assessments and clean-up, along with the flood reduction project and
greenways, will spur the transformation encouraging economic development and
private investment. This underused corridor has the potential to become a vibrant
area with a mixture of residential and commercial uses closely situated to new linear
park space along the Roanoke River.
Summary of Issues
Corridor Issue Recommendation
Transportation Network Follow street design guidelines, improve streetscape
and update infrastructure
Zoning Rezone and/or create new zoning designation to
achieve vision and create appropriate interface
between uses
Flooding USACE Flood reduction project - create open space
along the river, flood proof existing buildings, and
prepare lots for development
Code Enforcement Continue code sweeps and canvassing to ensure
building and zoning codes are being adhered to
Building Conditions Encourage businesses to take advantage of incentives
(Enterprise Zone, Fa<;:ade Grants), demolish properties
when condemnable or no longer appropriate, ensure
new construction is compatible with neiqhborhood
Environmental Assess properties where environmental contamination
is suspected, clean-up to degree necessary depending
on end use of the property
The ultimate goal is to create a relatively dense community to compliment the adjacent
village center, and traditional neighborhoods. The proposed mixture of uses will allow
many of the current business in the area to remain and potentially grow as the corridor
evolves into an eclectic artisan district to house small business enterprises and serve
as an incubator from new ventures. The district can also provide residential space for
people working in the district or for others looking to live in an urban setting different
from that in downtown.
The purpose of this plan is to help guide brownfield redevelopment within the
Mountain View/Norwich corridor towards this vision. This plan outlines strategies,
policies and actions needed to take advantage of the opportunities presented in this
corridor.
1. PURPOSE/VISION STATEMENT
The Inviting Roanoke Back to its River
initiative was conceived as a means to
transform numerous long-dormant
properties, with limited economic
development potential in the Norwich and
Mountain View neighborhoods. Inviting
Roanoke Back to its River wi II revitalize
brownfields as greenways and parks with
a surrounding mixture of commercial and
residential development. Retaining and
improving those viable businesses and
light industrial uses is part of the
economic redevelopment vision. This
development will be possible as property
value and demand increases with access
to the Roanoke River and its greenway
system.
Mountain View/ Norwich Corridor
The Mountain View and Norwich neighborhoods were listed as one of two target areas
in the City's Brownfield Assessment Grant Applications submitted to the U.S.
Environmental Protection Agency in the fall of 2005. This area was identified as a
priority, as new development has the potential for significant, positive impact along
the Roanoke River and in the surrounding neighborhoods. The purpose of this plan is
to build on this initial vision to develop a framework for investment of EPA grant funds
and to define other efforts to transform this corridor as an example of sustainable
reuse for the region.
Support from the Comprehensive Plan
The community and economic benefits of brownfield redevelopment are recognized in
the City's Comprehensive Plan, Vision 2001 - 2020 where redevelopment of
underutilized commercial and industrial sites is recognized as a strategic economic
development initiative for the City. In the Mountain View and Norwich neighborhoods
brownfield revitalization can support other strategic initiatives from Vision:
. New economic initiatives and critical amenities - investment in greenways
and other amenities is critical to attracting new business to the City.
· Housing Clusters - infill, mixed density housing offers a variety of market
rate housing types.
· Village Centers - center for neighborhood activity with a variety of
commercial and high density housing.
Long-term Vision for the Corridor
The long-term vision for the Mountain View/Norwich corridor goes beyond cleaning up
potentially contaminated sites. This corridor has the opportunity to become a model
4
of sustainable redevelopment for the City and the region based on the principles in
Vision 2001 - 2020. The vision creates a vibrant corridor that combines critical
amenities (recreation and open space along the Roanoke River) with mixed residential
and commercial development within walking distance (village center, housing clusters,
flexible space, and possibly limited light industrial uses). It encourages active living
with increased trails, greenways and infrastructure. The city and property owners want
to see businesses continue to offer goods and services to area residents along streets
with more inviting streetscapes and within buildings with more appealing facades.
Specifically, brownfield properties within the corridor represent opportunities to build
on our past for a sustainable future. These properties offer a number of opportunities:
.
Creation of greenspace on low-lying flood prone areas along the Roanoke
River corridor.
Conversion of underused property to mixed residential and commercial
development
Better use of other industrial and commercially zoned property.
Creating new jobs and housing.
Increased tax base
Address environmental issues that could otherwise remain unmitigated.
.
.
.
.
.
Partnerships
The City lacks full resources to redevelop the Mountain View-Norwich brownfield
corridor on its own, nor is it the City's intent to unilaterally perform such work. In
many cases brownfjeld projects are not economically feasible for the private sector due
to costs for environmental efforts. For revitalization of the corridor to be successful,
partnerships that bring together the resources of the City, other public agencies,
community groups, and the private sector must be formed.
Key Definitions
Brownfield - property the redevelopment of which is hindered by either real or
perceived environmental contamination. Brownfields are typically industrial or
commercial properties (e.g., gas stations, dry cleaners, etc) but can include other
properties where environmental issues may be present.
Environmental Contamination - the presence of chemicals or compounds in the soil,
groundwater or within structures resulting from human activity that may present a risk
to human health or the environment.
Flood Plain - any land area, typically near a river, susceptible to being inundated by
water.
Flood Way - a portion of the flood plain that serves as the primary channel of a river
and the immediately adjacent land areas that conveys a base flood event without
cumulatively increasing the water surface elevation more than a designated height.
Redevelopment - the recycling or reuse of a previously developed property for a new
use that supports the needs of the user and surrounding community. Redevelopment
can include residential, commercial, industrial, institutional or recreational uses.
Underused - for the purposes of this plan underused property is land and/or facilities
that are not being used to their intended potential. Such parcels may be abandoned,
currently vacant, have a low occupancy rate, or provide for a low employment level.
Property intended as open space is not considered underused because it is not
developed or built upon. Similarly, property within the floodway, which cannot be built
upon, is not considered underused even if vacant.
Relationship to Other Plans
The City's Comprehensive Plan, Vision 2001-2020, establishes the overall vision for
Roanoke as a growing, dynamic, and sustainable City. Vision 2001-2020 serves as the
primary planning tool for City initiatives. Focused studies or plans are developed and
adopted by City Council as components to the overall comprehensive plan for
implementation to provide more specific policy and actions.
This corridor plan supplements the policies and actions from the neighborhood plans
covering the project area and from the City-Wide Brownfield Redevelopment Plan. A
neighborhood plan identifies strategic initiatives for specific neighborhoods and
provides specific policy and actions to tailor the broader goals of the comprehensive
plan to the neighborhood level. The plans are adopted as components of the
comprehensive plan and for the Mountain View/Norwich corridor, identify policy for
how underused industrial property may be redeveloped for future use. The City-Wide
Brownfield Redevelopment Plan has also been adopted as a component of Vision 2001-
2020. This document develops policies that the City should pursue to facilitate and
encourage investment in brownfield sites across the City.
This corridor plan merges preferred land use and redevelopment options from the
neighborhood plan with policy and actions to facilitate reuse from the City-Wide
Brownfield Plan to create a seamless vision and set of policies to revitalize this portion
of the Roanoke River and adjacent neighborhoods and business locations.
III ~
vIsion
City-Wide IJrownfield
Redevelop~,U'nt Plan
^Jl"'<';\;r:-; :<:,"~~,,~"j.;~ l'<l.<.i;. ~9 it, 1<;;.t<"
G
2. Corridor Study
This section focuses on defining issues and community vision for redevelopment of the
Roanoke River corridor in the Mountain View and Norwich neighborhoods:
. Physical description of the corridor
. Historical industrial operations and potential environmental issues
. Context of other projects in and around the corridor
Corridor Description
The Mountain View/Norwich brownfield corridor extends along the Roanoke River from
a bend east of 13th Street/Memorial Bridge and extends to the west to Bridge Street.
The area generally extends along Cleveland Avenue in the Mountain View
neighborhood and then extends to the west along the Roanoke River in Norwich. The
area has seen much deterioration in the past 20 years as businesses have closed or
relocated.
The industrial uses along the southern edge of the Mountain View neighborhood are
naturally buffered from adjoining residences by terrain; a steep slope drops from
Campbell Avenue and 13th Street to Cleveland Avenue. This area is well contained and
featured former heavy manufacturing uses that are now interspersed with light
industrial and automotive repair facilities. Likewise, the Norwich neighborhood is
located almost entirely on a terrace between the Roanoke River and bluffs to the south,
7
with industrial property located along the river. About 43% of the land in this corridor
is vacant or underused as shown in the Parcel Inventory enclosed as Appendix A.
As much of the corridor is
located along terraces between
higher ground and the river,
flooding is a concern. The 100
year flood plain covers a large
portion of properties along
Cleveland Avenue and in
Norwich with several that are
significantly inundated by peak
flood waters.
Another key consideration in
the corridor, particularly for
the low lying area along
Cleveland Avenue slated for
redevelopment, is the 2006
Visualization of 1 OO-year flood looking east from Norwich revision to the 1 OO-year flood
plain as shown on the
following figure. Properties located between the existing railroad line and the river lie
partially in the floodway and may be inundated by as much as 14 feet of water during a
peak flood event. With the location partially in the floodway the properties will
experience not only high but also fast moving water.
Properties to the north of the railroad are still subject to flooding and lower areas may
still be subject to inundation by more than 10 feet of water. However, in this area the
railroad line serves as a break. To the north of the tracks the properties will flood but
will be subject to more of a slow moving pond like flow rather than fast moving
floodwater to the south.
100 Year Flood Plain and Depth of Flood Waters
8
With the exception of 13th Street, all corridor streets are "local," and not conducive to
heavy truck traffic needed for most industrial uses. If the area were to remain
industrial, this network lacks the necessary access to arterial and collector streets
needed for heavy truck traffic. Furthermore, the existing transportation network offers
no formal accommodations for pedestrians or bicyclists.
As seen in the Existing Zoning map above, the majority of this corridor is zoned
industrial, however, existing land use is primarily vacant or commercial. This
designation is inadequate considering changing conditions and the vision for the area.
Properties within the corridor can be better used for a mixture of open space/parks,
office, limited light industrial, commercial and/or residential; however the current
industrial zoning in much of the corridor significantly limits the available uses. The
unique mixture of uses would require a new zoning designation, the basis of which is
described in greater detail in the Corridor Plan section. Additionally the small,
irregularly shaped lots along Cleveland Avenue are not conducive to modern industrial
redevelopment and are better suited for other uses.
Code enforcement is a continuous issue in this corridor, from illegal businesses, to
building maintenance violations. The City's Code Team has targeted this corridor for
code sweeps resulting in compliance on multiple violations. Building conditions in the
corridor range from condemnable to well maintained; some will require demolition,
others need substantial rehabilitations, and some simply require fa<;:ade improvements.
Historical Industrial Operations and Potential Environmental Issues
An important set of data for evaluating opportunities in the corridor is an
understanding of historical' industrial operations and potential environmental issues
that may need to be addressed. The following sources of information were reviewed to
gain an understanding of historical operations in the corridor.
. State and federal environmental databases (Environmental Data
Resources, Inc. [EDR] records search)
. Review of Sanborn fire insurance maps
. Review of USGS quadrangles
. Review of aerial photographs
Both the Mountain View and Norwich neighborhoods were initially developed in the late
1890s and early 1900s. Early plats show the Mountain View area to be developed for
residential uses with expansion westward from downtown while housing in the
Norwich neighborhood was developed to support workers in the mills and factories
located along the river. Review of the Sanborn maps, (enclosed as Appendix A)
provides a glimpse at the development patterns in the area.
In the 1920s, the Mountain View portion of the corridor was dominated by single-
family residential development. Residential parcels were established along 13th Street,
Cleveland Avenue and along Midvale and Spotswood Avenues east of 13th Street. The
only industry in the area was the Virginia Lumber Manufacturing Company located at
the end of Midvale Avenue, adjacent to the river. By the 1950s, two additional
9
industrial operations were present along Midvale and Spotswood Avenues and several
industries were operating along Cleveland Avenue, interspersed between a handful of
residences. Industries along Cleveland Avenue included a paint manufacturer, oil
distributor, lumber mill, an automotive facility, a concrete block manufacturer and a
window and door manufacturer among others. All these industries were served by rail
spurs from the former Virginian Railway line that parallels the street. By the 1960s,
additional industries were present on Cleveland Ave. and residential properties on the
west side of 13th Street had been demolished and replaced by service stations and
other commercial uses. No significant new development has occurred on the corridor
since this time.
The Norwich neighborhood development pattern is different in that residential
development occurred around industrial operations as housing for workers. Much of
the housing in the neighborhood was constructed just before or after the turn of the
20th Century to support a twine mill and hardwood flooring manufacturer in the
neighborhood and a metals work on the opposite bank of the river. The Walker
Foundry and Machine Company was later built in the neighborhood, and in the 1950s
and 1960s several of the original mill buildings were demolished and replaced by
newer shell type structures. As with the Mountain View neighborhood little new
development has occurred since the 1960s.
Based on the industrial history of the corridor, there is the
potential for environmental issues associated with the
handling of various raw materials, finished goods,
byproducts and wastes at these sites. The report from
EDR Inc indicates sites within the study area which are or
have been listed on a myriad of government environmental
databases. A summary of pertinent information is
presented in the Parcel Inventory enclosed as Appendix A.
A complete set of information, including the City-Wide
Brownfields Plan, is available in the City's Planning, Building and Development
Department, the Office of Economic Development, and online at
www.roanokeva.gov/brownfields. Proper assessment, evaluation and remediation of
these potential environmental issues is imperative for the long-term protection of
human health and the environment. '
Corridor Divisions
The City divided the Mountain
View/Norwich corridor into four
manageable project areas within the
overall strategy. The following map
defines each project area;
Recreation/Open Space, 13th Street
Gateway, Cleveland Avenue Special
Use District, and Enhanced Large
Scale Industry. Issues in each of
these areas are discussed in the
Corridor Plan section.
~ Cleveland Avenue Special Use Area
Recreation and Open Space
13th Street Gateway
Large Scale Industrial
Current Projects Impacting the Corridor
There are several current projects and initiatives underway in or near the corridor that
could be leveraged to accelerate redevelopment efforts.
Flood Reduction Project and Roanoke River Greenway
The Roanoke River Flood Reduction Project is a City endorsed project that is being
designed and executed by the u.s. Army Corps of Engineers (USACE). The project
includes fifteen bench cuts (or bank widenings) and three flood walls (typically earthen
berms) along the Roanoke River channel. The project is designed to reduce flooding
from moderate intensity flood events (l0- 25-year storm events) but will have limited
benefits during peak flood events (100-year storm or greater). Construction on the
project started in 2005 and is estimated to be completed by 2012. There will be two
bench cuts and an expansion of the existing berm along the north side of the river in
the Mountain View neighborhood. The bench cut locations are shown on the flood
plain map.
A regional goal as expressed in the 2,007 Update to the Roanoke Valley Conceptual
Greenway" Plan is to complete the Roanoke River greenway from Greenhill Park in
Roanoke County through the Cities of Salem and Roanoke and back through Roanoke
County to Explore Park. In fact, completion of the greenway is the number one priority
in the plan. Likewise completion of the greenway through the City is a priority for the
City's Department of Parks and Recreation and is listed as a priority within their Master
Plan. In the City, the greenway is being constructed by the U.S. Army Corps of
Engineers (USACE) as a component of the Roanoke River Flood Reduction Project.
The Roanoke River greenway, when completed in the City, will provide 10 miles of
multiuse trail, connections to other greenways (e.g., Tinker Creek, Mill Mountain) and
links between several city parks. More importantly, the greenway will provide
recreational access to several neighborhoods to support the City's active living
initiative which encourages readily available walking and biking accommodations for
alternative transportation and physical exercise. The greenway will pass through the
Mountain View Norwich corridor. The current greenway route, as proposed by the
USACE, is shown on the future land use map in Section 3. However, this portion of the
project is still under design and is subject to change.
Hurt Park Initiative
It is the City's policy to concentrate the use of federal HUD funds in specific
neighborhoods for strategic initiatives to assist with neighborhood revitalization. The
Hurt Park neighborhood, located north of the Mountain View/Norwich river corridor is
the target area until at least 2010. A Neighborhood Revitalization Strategy Area (NRSA)
plan for the Hurt Park community was developed to promote the long-term strength
and stability of the neighborhood which includes residential, commercial, industrial
and historical uses. This plan identifies strategies to revitalize Hurt Park which include
increasing the homeownership rate through rehabilitation and new construction,
rehabilitating owner-occupied housing, enhancing neighborhood business
opportunities, and promoting employment opportunities. This effort will be performed
11
in coordination with City staff, a consortium of housing groups (the Roanoke
Neighborhood Revitalization Partnership), businesses, community groups, and
residents. The Roanoke Neighborhood Revitalization Partnership is comprised of Blue
Ridge Housing, Habitat for Humanity, the Roanoke Redevelopment and Housing
Authority, and Total Action Against Poverty.
The NRSA plan will enable the City to implement a mixed-income development strategy
for the community while providing certain flexibility in the use of CDBG-funded
business development assistance. CDBG funds for affordable housing development
have traditionally benefited only low-income families. The NRSA plan will allow the City
to reconstruct or rehabilitate housing in the Hurt Park Neighborhood for individuals
and families of a diverse range of income levels, thereby creating a broader income
base in the community.
While the primary focus area is to the north of Patterson Avenue, along Rorer and
Salem Avenues, the plan includes streetscape improvements at the intersection of
Patterson Avenue and 13th Street, a key intersection between the Mountain View
neighborhood. The NRSA also recognizes the need to reinforce commercial businesses
on 13th Street which connects to the brownfield corridor. The revitalization benefits of
these projects will be coordinated for maximum benefit and leveraging.
Mountain View Recreation Center
The Fishburn Mansion is owned and operated by the City of Roanoke Parks and
Recreation Department, and is known as the Mountain View Recreation Center. This
forty-two room mansion named to the Virginia Landmarks Register and designated a
National Historic Landmark is an anchor for the neighborhood, used as a Senior Citizen
Center and available for events. This center is currently undergoing extensive roof
repairs and other renovations are scheduled for the near future. Adjacent to the
Mountain View Center is a home owned by the Roanoke Redevelopment and Housing
Authority which is currently for sale and will be renovated as either a single family
home or mixed-use facility. An additional redevelopment opportunity emerged after
the Maple Shades apartment complex was demolished in 2007.
Corridor Plan - Vision
The Inviting Roanoke Back to its River initiative offers an exciting opportunity to
leverage several City projects and private investment to dramatically transform the
Mountain View and Norwich neighborhoods. This underused corridor has the potential
to become a vibrant area with a mixture of residential and commercial uses closely
situated to new linear park space along the Roanoke River. The new development will
tie closely to existing park space along the river and residential and commercial uses
in nearby village centers and residential neighborhoods.
The purpose of this plan is to help guide brownfield redevelopment within the
Mountain View/Norwich corridor towards this vision. This section presents specific
goals and desired land use patterns for the corridor after outlining existing policy and
plan input.
2
Existing Policy - Neighborhood Plans
Neighborhood plans identify issues and future policy and
actions to advance the vision of the comprehensive plan
specifically as it relates to each neighborhood. The corridor
is covered by the Hurt Park/Mountain View/ West End and
Norwich neighborhood plans.
The two neighborhood plans identify actions for both
industrial centers and village centers within the River
Corridor. Major actions outlined for the industrial areas
include appropriate infill development, clean-up, and minimizing the impact of
industrial uses through buffering. The village centers proposed at both 13th Street and
Bridge Street will require compact development, neighborhood scale commercial uses,
and streetscape improvements.
Residents in both neighborhoods identified concern with underused industrial
properties and the opportunities that redevelopment affords as well as other initiatives
and actions that complement brownfield redevelopment.
The entire contents of the Hurt Park, Mountain View, West End and the Norwich
Neighborhood Plans can be viewed on-line at www.roanokeva.qovjplanninq.
Specific Plan Input
Public Comments
City staff held a series of public meetings, forums and input sessions to solicit
comments and ideas for the development of the City's brownfield program.
Comments from an initial city-wide public meeting focused on the desire to see the
Roanoke River corridor redeveloped in a manner that provides greenspace along the
entire river with a complementary mixture of commercial and residential uses. There
was also a strong desire for the City to develop plans and vision for brownfields and
play an active role in facilitating redevelopment efforts.
A series of Redevelopment Forums was held in April 2007 with one session geared
specifically to property owners in the Mountain View - Norwich corridor and the South
Jefferson Redevelopment Area. Property owners' comments focused primarily on the
details of the brownfields program such as registration, the Virginia Department of
Environmental Quality's involvement, requirements for building within the floodplain
and other technical issues.
City staff also held an open house for Mountain View/Norwich stakeholders at the
Mountain View Recreation Center on June 14, 2007. This meeting gave participants an
opportunity to comment on the Mountain View/ Norwich Brownfield Initiative and learn
more about the varying aspects of the program. Discussion topics included flood
reduction & greenways, zoning & future land use, environmental issues, and
development issues. On September 20, 2007 City staff presented the draft citywide
and Mountain View/Norwich Corridor plans at the Norwich Recreation Center. An
13
additional open house was held at the Mountain View Recreation Center on June 17,
2008 to review some minor revisions to the concepts in the draft plan including the
potential creation of a new zoning district to be used in the corridor.
The future land use was of major concern to the neighborhood. Residents expressed
their desire for residential, recreational and neighborhood-compatible commercial uses
as opposed to increased industrial uses. Specifically, residents expressed concern that
existing residential property could be converted to industrial use.
Other comments/concerns received regarding the Mountain View / Norwich corridor
include the following:
. Cleanup the Evans Paint Inc property
. Ensure funding will go to Mountain View/Norwich and not just to South
Jefferson
. Develop a redevelopment plan specific to the Mountain View/Norwich
Corridor
. Increase code enforcement of both residential and commercial properties
. Ensure there is sufficient funding
. Redevelop the area using sustainable planning principles
. Implement streetscape improvements include buffers between industrial
and residential uses
. Limit heavy truck traffic through residential neighborhoods
. Provide open space and greenways along the Roanoke River with mixed
use development in proximity
City staff invited business owners to the June 14, 2007, information session. While
limited comments were offered in the meeting, business owners expressed concern
about the future of the corridor based on the vacant properties creating a blighting
effect and lack 'of previous attention from the City. Those business owners expressed
a desire to maintain current industrial land uses in the area.
Based on the results of comments from business owners and nearby residents, there is
a balance in land use that needs to be established but there is consensus that the
overall character of the corridor needs to be improved. Residents are concerned that
the proximity of industrial uses can create traffic and pollution issues. Business
owners wanted to see the aesthetics and security of the corridor improved to provide a
stable business environment. Both concerns can be addressed by evaluating the types
of industrial operations that are appropriate in the corridor and evaluating buffering
and other aesthetic considerations to allow for compatible development.
Input from Other City Departments
City departments involved with projects or ongoing activities in the area participated in
an internal charrette to review public comments and discuss how the ongoing City
projects could be melded into a reuse vision and future land use plan for the corridor.
Representatives from the following departments participated in the process at the
meeting or through separate discussion.
· Engineering (streetscapes and flood reduction project)
4
. Parks & Recreation (greenway and park space)
. Transportation (potential traffic issues)
. Housing and Neighborhood Services (code enforcement, Hurt Park
CDBG initiative))
. Economic Development (business opportunities)
. Planning (Hurt Park CDBG project, neighborhood plan development)
Based, on review of conditions in the corridor staff agreed that traditional industry that
had developed in the corridor between the early 1900s and the 1950s was no longer
viable due to poor transportation access, small lots sizes, location in the flood plain,
etc. It was recognized that advancement of the flood reduction and greenway projects
will begin to circulate more people along the river and will create an amenity that could
attract new investment (proximity to linear park ways along the Roanoke River,
downtown, etc.).
Based on public comments, analysis of neighborhood plans, assessments of
infrastructure, building conditions, and streetscapes City staff concluded that
significant changes in land use patterns may be necessary. Staff determined the best
means to achieve public goals was to support the creation of linear park space along
the river, particularly along the floodway and to facilitate a mixture of uses that could
incorporate existing business enterprises while creating opportunities for housing and
new business in the corridor. To achieve this vision extensive policy changes may be
necessary including additional tax incentives, regulations and zoning changes.
Long-term land use recommendations
Long-term land use recommendations can be broken into four broad categories to
create the vision for the corridor:
1. Conversion of industrial property to recreation and open space along the
Roanoke River.
2. Revitalize the 13th Street gateway.
3. Revitalize Cleveland Avenue
4. Improve compatibility of industrial operations in Norwich with the surrounding
residential neighborhoods.
Institution of a new zoning district will aid in the implementation of each category
above.
The flood reduction project and associated greenways will serve as the real catalyst for
changing land uses. The flood reduction project will reduce the impact of flooding in
the area, making construction more feasible. The greenways project will extend the
existing system of linear parks and trails into these neighborhoods, providing access
to the river and increasing property values. The marketability of redevelopment
options will be enhanced as recreation and open space opportunities develop
surrounding the river.
15
Myriad policies and actions within the City's comprehensive plan support the proposed
land use changes. From 'recommendations for village centers and commercial
development near gateways to housing clusters and greenways, Vision 2001-2020
guides and supports the recommendations set forth in this plan. The new special use
district will enable the corridor to be redeveloped in line with the City's vision to be a
growing, sustainable City.
The long term land use incorporates a new special use district allowing for commercial
uses, residential uses, limited light industrial uses, and mixed uses. Specific uses
could include a craftsman/artisan corridor with retail and residential nearby. This
mixture of uses complements existing businesses such as Lyle's Plastering and Black
Dog Salvage and would be useful in an area with an aging housing stock such as the
adjacent neighborhoods and much of the City of Roanoke. The land bordering the
river will be used for recreation/open space. The south side of the River will retain its
current mixture of residential and industrial uses, with improved transitions between
industry and the residential area of Norwich through buffering and improved
streetscapes. Underused industrial property, along the Roanoke River and the parallel
rail line could be considered for open space or other reuse that advances the
neighborhood plan, based on market demand. The following table describes each land
use, the basis for the specific use, and the method of developing each use.
Hi
Land Use Basis for Use How Activity Will Develop
Activitv
Conversion to . Neighborhood plan calls for . Roanoke River Flood Reduction
Open Space buffering of industrial areas. Open Project and Greenway will create
space can help meet this need. public space along river.
. Neighborhood plan calls for . Additional river access from
development of abandoned industrial neighborhoods to support active
property for recreation use along the living.
river in Norwich . Develop additional park space
. Numerous properties are in the 100- and river access as part of the
year flood plain - as reuse or new Parks and Recreation Master Plan
construction on these sites will be implementation
particularly difficult, consideration . Acquire property for park space
should be to converting these through donations, conservation
properties to park land. These easements or purchase if funding
properties can serve as riparian is obtained
buffers to protect water quality and
help meet the goal of sustainable
redevelopment in the corridor.
. Public comments identify greenspace
along the Roanoke River as a priority
. Parks and Recreation Master Plan
. Roanoke Valley Conceptual Greenway
Plan
13th Street . Neighborhood plan calls for . Hurt Park project will offer
improved appearance and opportunities for redevelopment
functionality of the gateway at 13th on the northern portion of 13th
Street at the Memorial Bridge and Street.
development of the 13th Street . Parks and Recreation Master Plan
village center from Cleveland to and redevelopment of the former
Patterson Avenues, Maple Shade Apartments offer
. Input during the corridor public new uses and improved
meeting expressed a desire for streetscape in the target corridor.
improved commercial uses. . Combination of code
. 13th Street corridor improvements enforcement, facade
will be a key to attract new improvements and development
development onto Cleveland Avenue pressure from greenway will offer
and into surrounding opportunity for new businesses.
neig hborhoods.
. Renovations of Mountain View
Recreation Center and 732 13th St will
help anchor 13th St
. Compliment Grandin Village to the
west. The existing Black Dog Salvage
business is a member of the Grandin
Village Business Association and
development on 13th Street can
balance future development pressure
on Grandin Road.
17
Land Use Basis for Use How Activity Will Develop
Activity
Cleveland . Allowable uses under current . Continue code enforcement to
Avenue Special industrial zoning are not being stabilize Cleveland Avenue
Use District utilized and lot size transportation corridor for existing, viable
(Accommodate network is no longer conducive to businesses.
existing manufacturing or other industrial . Land use shift towards mixture of
business and operations historically present in the commercial uses with potential
transition to corridor. for residential use near 13th Street
new uses) . New development opportunities or in mixed-use buildings, based
presented as Greenways and flood on market demand. Provide
reduction projects are completed proper zoning to support market
. Discussion with several business shifts
owners indicates a desire to remain . As property values increase in the
operating in the area. future (proximity to new park
. Industry was not constructed with space and greenway and
buffering required by the current revitalized 13th Street) new land
zoning ordinance. Creating a better uses will become viable and
transition between industrial and current industrial operations may
residential uses should be be better suited in other
addressed. industrial areas in the vicinity,
. Redevelopment of industrial and . Excavation for the flood reduction
commercial land is policy of Vision project offers a potential source
2001-2020 and the neighborhood for fill to raise properties along
plan, Cleveland Avenue out of the 100-
. Neighborhood plan identifies review year flood plain,
of zoning patterns to allow for
compatible uses in proximity to each
other, mixture of commercial uses
and buffering or transition space
between incompatible uses,
. Public input during brownfield publiC
meetings expressed the desire for a
mixture of less intense (residential
and commercial) uses in the vicinity
of the Roanoke River and future
qreenwav.
18
Land Use Basis for Use How Activity Will Develop
Activitv
Existing . Neighborhood plan shows that . As property values increase in the
Industrial Uses developed industrial property located future (proximity to new park
in Norwich away from the river banks will remain space and greenway) underused
in industrial use. industrial space may be reused.
. Public input indicates a . Neighborhood organizations and
, neighborhood concern with potential business leaders can work to
associated with industries and improve buffers and screening of
vehicular traffic passing through industrial areas and discuss
residential areas, Creating a better routes for commercial/industrial
transition between industrial and vehicles.
residential uses should be addressed . Neighborhood groups can apply
including buffers and streetscape for neighborhood grants for tree
elements. planting to act as screening
. Expand Enterprise Zone into
Norwich area
. In the long-term as property value
increases other uses may become
more viable in the area and
neighborhood concerns can be
further addressed as part of any
rezoning process that may be
necessary.
The future land use map incorporates public input, existing policy and analysis of the
redevelopment options for this area. Currently much of the corridor is zoned
Industrial; however, the vision for long-term land use incorporates more mixed uses
and recreation open space. Both current and future land use maps are shown on the
following pages.
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Basis for Proposed Special Use District
Large areas of abandoned and vacant property exist in tandem with viable businesses
on Cleveland Avenue; a sign of both a deteriorating corridor and an area ripe for
revitalization. The location on the Roanoke River acts as both an obstacle and an
advantage. Situated in the flood plain, existing buildings are susceptible to flooding
and new construction must adhere to flood plain regulations. However, the river is one
of the City's greatest natural amenities offering opportunities for recreation along the
river with mixed residential and commercial uses nearby.
Current zoning is a barrier to infill development and redevelopment of brownfield
properties. Much of the Mountain View/Norwich corridor is zoned industrial; which is
incompatible with both the vision and the reality. The vision for the area incorporates
a variety of uses in accord with existing businesses. This vision requires substantial
changes to the current land use patterns, primarily along Cleveland Avenue.
Additionally, many anchor industries in the corridor have either moved or closed their
doors, leaving vacant buildings, vacant lots, and rental/transient uses. The market no
longer views this area as feasible for large scale industry.
In the 1950's small industries were served by railroads, yet today rail focuses primarily
on large industry and bulk hauling; uses which are not appropriate or viable for this
corridor. Rail service to small industry is unlikely in this corridor and traffic and access
issues deter small-scale heavy industry. The City's 1964 Comprehensive Plan
acknowledged the pattern of industrial development was determined years ago by the
routes of the railroad. In the 1960's a trend emerged - locating industry along
highways rather than railways (Legacy Plans - 1964 Comprehensive Plan - pg. 30
www.roanokeva.gov/planning) This trend continued for many decades and today the
majority of manufacturing and heavy industries have left the River Corridor for more
accessible locations. Today along Cleveland Avenue the majority of buildings are
either vacant, for lease, or have frequent turnover of uses. Many of the buildings are
also no longer in prime condition, either structurally or aesthetically.
As transportation methods shifted, so did the economy, from manufacturing to service
oriented. This economic shift decreased demand for many industrial uses, another
reason for the disinvestment in the corridor area and for the need to change future
land uses.
No significant development has occurred in the corridor since the 1 960s and it is
readily apparent that there is a lack of demand for this type of use in this particular
area. The Hurt Park, Mountain View, West End and the Norwich neighborhood plans
(both adopted as part of Vision in 2003) recommend revitalization of underused
industrial property. However, the future land use maps form these plans show much
of the corridor staying industrial, largely due to a lack of other demand, particularly for
the Mountain View side. The comprehensive rezoning of the City in 2005 generally
followed the future land use maps from the neighborhood plans by maintaining the
industrial zoning in the corridor.
Since 2005 several changes have occurred in and adjacent to the corridor that will
23
change market dynamics and increase demand for new land uses in the corridor.
1. The Roanoke River Flood Reduction Project has started and will reduce the
frequency of flooding in the area making investment more attractive to property
owners and developers. Project work in the corridor is expected to be initiated
in the fall of 2008.
2. The extension of the Roanoke River greenway through the corridor will bring
significantly more people through the corridor. Completion of the Roanoke
River greenway is the top priority of the 2007 Update to the Roanoke Valley
Conceptual Greenway Plan which was adopted as a component to Vision in
2008. The greenway will provide access from the corridor itself and surrounding
neighborhoods to the river and increase property values. The marketability of
redevelopment options will be enhanced as recreation and open space
opportunities develop surrounding the river.
3. Sale of the Hannah Court trailer park to the City in 2006 with planned
redevelopment as a public park will create a new anchor at the eastern end of
the corridor and enhance river and trail access.
4. A brownfield redevelopment program has been a City initiative since late 2005.
The City-Wide Brownfield Redevelopment Plan Development Plan was adopted as
a component of Vision in 2008 and recommends shifts in land use in the area
from industrial to a mixture of park space along the river with a complimentary
mixture of commercial and residential uses. The City has been awarded nearly
$2,000,000 in federal grant funds since 2006 to assist with redevelopment of
brownfield properties.
5. Investment/development opportunities in the 700 block of 13th Street offer an
opportunity to create another anchor at the eastern edge of the corridor. The
City is currently investing in the renovation of the Mountain View Recreation
Center (former Fishburn Mansion) and the RRHA is selling a property with vacant
historic home for rehabilitation. The fire and subsequent demolition of the
Maple Shades apartments at 13th Street and Cleveland Avenue offers another
opportunity in this block.
6. Significant investment is occurring in downtown Roanoke and in Old Southwest
to the east of the corridor. A vacant industrial building was rezoned in 2007 for
conversion to new, high-end residential units and development plans have been
submitted for another property closer to the corridor for conversion of another
vacant industrial building to residential units. This westward moving
development will benefit the Mountain View/Norwich corridor. Investment in
residential property along the north end of the Old Southwest neighborhood is
also increasing and will benefit the corridor. Grandin Village to the southwest of
the corridor recently underwent significant streetscape improvements helping
spur private investment and situating the Mountain View/Norwich Corridor
strategically between downtown and a thriving village center.
Clearly zoning districts designated decades ago and continued under the 2005
comprehensive rezoning are no longer relevant to the Mountain View Norwich River
Corridor vision and hinder potential revitalization. Properties within the corridor can
be better used for a mixture of open space/parks, office, light industrial, commercial
and/or residential; however the current industrial zoning in much of the corridor
significantly limits the available uses. Any plan for this corridor must balance the
needs of existing businesses and existing residents, as well as balancing the need for
24
open space with the need for development. This plan has developed strategies that
support existing businesses and residents while allowing the area to evolve and
respond to changes in the river corridor.
To assist in implementation of this plan and the comprehensive plan, it is necessary to
create a special use zoning district within this corridor (see map page 19). This new
district will accommodate existing businesses while transitioning the area into a more
sustainable neighborhood. This special use district will likely include the following
elements:
. Light industrial - the district will allow limited industrial uses related to
tradesman/craftsman/specialty contractor operations. The district will likely
include limits on outdoor storage (location, visibility, etc.).
. Commercial - the district is expected to contain a wide range of commercial
operations ranging from retail uses, eating and drinking establishments,
entertainment establishments, bakeries, community market,
studio/multimedia production facility, an/or general or professional office
space.
. Residential uses including townhouses/rowhouses and multifamily.
. The district would allow for mixed use buildings and live work units as
currently defined in the City's zoning ordinance.
. The district will also include provisions for setbacks, impervious surfaces,
building height, lot coverage and other related design considerations.
Such a mixture of uses will accommodate existing business and those that are not
specifically accommodated can remain as legally nonconforming uses. The wide range
of uses and potential for future development should not adversely impact property
values over time.
In fact, the goal is to create a relatively dense community to compliment the adjacent
village center, and traditional neighborhoods. The proper mixture of uses will create a
vibrant area that will attract development and reverse the negative impacts of that
disinvestment and economic changes have had on the neighborhood in the recent
past. The proposed mixture of uses will allow many of the current business in the area
to remain and potentially grow over time as the corridor evolves into an eclectic artisan
district that can house small business enterprises and serve as an incubator from new
ventures. The district can also provide residential space for people working in the
district or for others looking to live in an urban setting different from that in
downtown.
3. Corridor Plan - Strategies, Policy and Actions to Implement
A series of action steps have been proposed to reach the vision set forth in this plan.
The City divided the Mountain View/Norwich corridor into four manageable projects
within the overall strategy. The following map defines each project area;
Recreation/Open Space, 13th Street Gateway, Cleveland Avenue Special Use District, and
2i:'
,)
Enhanced Large Scale Industry. A 1 5-year planning timeframe has been proposed with
incremental phases. Strategies for each project area are described below, following
action steps proposed for the corridor as a whole. The four strategies/policy
approaches for creating the plans vision are listed below and described fully in the
following sections.
1. The Roanoke River is a community asset and river access should be used as a
catalyst for redevelopment/reinvestment in the Mountain View and Norwich
neighborhoods.
2. A vibrant 13th Street gateway into the Mountain View neighborhood is critical to
encouraging reuse of property along Cleveland Avenue.
3. Industrial uses from the mid-20th century are no longer viable along Cleveland
Avenue and a shift in land use should be encouraged.
4. Viable industry is present in the Norwich neighborhood and should be supported
with improved buffering and transition of underused parcels to more compatible
uses.
5. As noted in Vision 200/-2020, "Good design is not an option." Redevelopment in
the corridor must focus not only on putting properties back into productive use but
just as importantly improving streetscapes, site design and building appearance.
26
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Overall Corridor
Years 0-2
. Develop an advisory committee made up of residents, business owners and
concerned citizens to work with neighborhood groups and businesses to
identify stakeholders, build support and identify neighborhood concerns.
. Refine list of citywide policies needed to implement redeyelopment activities in
the corridor and formulate and pursue incentive/financing opportunities
through legislative process (Transfer of Development Rights, Tax Increment
Financing, Tax credits, etc)
. Targeted code enforcement
. Identify and explore opportunities for partnerships between the City,
neighborhood residents, businesses, and private and non-profit
development sector.
. Work with property owners and prospective developers on environmental
assessments and clean-up
. Research, identify and apply for appropriate funding to support corridor plan
implementation.
. Implement zoning revisions to facilitate future land use goals and provide safe
guards for long-term environmental safety.
. Initiate market analysis to refine best mix of uses to target for the corridor
(work with Regional Economic Development Partnership)
. Work with US Army Corps of Engineers to facilitate flood reduction project and
defining actual greenway route(s)
Years 2-5
. Complete market analysis to refine best long term uses (work with Regional
Economic Development Partnership)
. Identify additional funding sources; implement incentives/financing tools
developed through legislative process.
. Provide technical assistance to neighborhood groups for grant writing
. Continue work with private sector on assessments and clean-up
. Work with RRHA, EDA, and other public partners to acquire strategic parcels
. Work with private sector to assemble property, perform clean-up and perform
demolition where necessary
. Develop master plans for parcels with end use identified as parks/open space.
. Identify and create tools to market properties
. Evaluate zoning revisions and consider revisions as necessary
. Continue targeted code enforcement
. Continue fostering partnerships with private and non-profit sector
. Begin infrastructure improvements such as streetscape improvements,
sidewalks, ete...
. Continue work with standing committee of stakeholders
Years 5-10
· Secure ClP and/or alternate (e.g., TIF) funding for infrastructure
· Continue infrastructure improvements (sidewalks, water/sewer, stormwater
management, lighting, ete., ,)
. Complete park areas
28
. Complete greenway construction
. Continue site preparation for redevelopment
Years 10-1 5
· Redevelopment into residential, commercial, mixed-use, ete.
· Long Term Stewardship
Recreation Open Space
The City's comprehensive plan recognizes the need for investing in critical amenities
such as natural resources and recreational opportunities. The City has developed
policies and actions for protecting and enhancing the natural environment with
increased greenways and water quality. The Mountain View / Norwich corridor offers
opportunities for increased recreation and open space.
S10rmwaterlnlets
- Water Lines
N
A
- Stormwater Pipe
- Gravity Sa!lllary Sewer Main
-Cmb
,--- Sidewalk
Mountain View/Norwich Corridor
Vacant buildings and vacant lots make up the majority of land on either side of the
Roanoke River in this corridor. In trying to protect and enhance our riverfront, one
logical reuse option would incorporate converting much of the river's edge into
recreation and open space. Well established open space along the river corridor can be
a catalyst for mixed development in the surrounding area. Property located within the
floodway cannot be developed under the City's zoning ordinance and should be
29
considered for use as open space to provide buffer to the river as well as contiguous
public space through the corridor.
Short-term focus for the corridor is land immediately along the river banks that will be
acquired as public space/right-of-way for the flood reduction project. Longer-term
open space could include three strategic sites including the former 7-Up Bottling
Company, and former Home Lumber sites in Mountain View and the former Harris
Hardwood site in Norwich all of which could be further converted to open space to
provide a larger buffer, additional space for the neighborhood and the potential for
programmed space (e.g., athletic fields, etc.) as deemed appropriate (see map pg 19).
Open space in this area can also serve multiple uses for stormwater management. All
the facilities along Cleveland Avenue were constructed before stormwater management
provisions were required. When redeveloped, these properties will be subject to the
requirements of the City's new stormwater ordinance which will require both a
reduction in the quantity of runoff from the redeveloped site and a reduction in the
pollutant loading in the runoff. The open space south of the railroad tracks could
serve as a regional stormwater management facility for the redeveloped area. Likewise
an existing storm drain from the Mountain View neighborhood flows through this area.
This pipe could be day lighted and allowed to flow through this property to allow for
settling of sediment prior to discharge to the River. The design of a regional
stormwater facility could potentially consider the removal of impervious surface
required to create the open space as part of the necessary stormwater management
provisions thus relieving some burden from prospective developers.
For the Recreation/Open Space areas the following timeline is being proposed
Years 0-2
· Conduct Environmental Assessments of property to be acquired for the
Roanoke River Flood Reduction/Greenway projects (former 7-Up Bottling
property, Home Lumber, former hardwood flooring manufacturing site)
. Work with Western Virginia Water Authority and Norfolk Southern
regarding access to the river along existing rights-of-way or easements.
· Complete relocation of Hannah Court residents and create master plan to
convert land along the river bank to a public park.
. Work with U.S. Army Corps of Engineers to advance the Flood Reduction
and Greenway projects through the corridor as location of the greenway
is a key element for redevelopment/investment in the corridor (initial
focus on locating greenway and initiating bench cuts and earthwork).
· Evaluate options for volunteer construction of temporary trails or other
facilities while master plans are developed and property is assembled.
Years 2-5
· Continue working with u.S. Army Corps of Engineers to advance the Flood
Reduction and Greenway projects through the corridor (complete
earthwork and construct greenway).
· Acquire strategic properties for additional park space by City or through
a private entity (possibility of conservation easements and/or transfer of
development rights)
30
. Conduct/support assessment and required clean-up activities on those
additional properties that are acquired for park space.
. Rezone applicable areas to Recreation/Open Space (ROS)
. Work with City of Roanoke Parks and Recreation on a master plan for
these parcels
Years 5-10
. Potentially acquire additional parcels for open space based on land
availability and park space master plan.
. Conduct additional assessments and clean-up that may be warranted or
that remains unfinished in years 0-5
. Grade sites and prepare as open space.
. Continue infrastructure improvements/implement designs created to
support vision of Parks and Recreation master plan (e.g. canoe/boat
ramp, park facilities/equipment)
Years 10-1 5
· Maintain parkland and improve as needed
13th Street Gateway
The area along 13th Street from Cleveland to Patterson is considered a "Village Center"
where local shops and employers exist near residential neighborhoods. 13th Street is
the primary access point to the neighborhood via Memorial Bridge and serves as US
Route 11, a major corridor for both residents and visitors. With substantial traffic flow
and the designation as a village center, 13th Street is of key importance to the
community. The Mountain View Recreation Center and Black Dog Salvage facility serve
as highly visible anchors on 13th Street with residential and commercial uses between.
Strategies for this area include maintaining and improving existing businesses and
structures along 13th Street. There are several buildings in need of substantial repair
and a myriad of others requiring routine maintenance. The extension of the Roanoke
River Greenway across the Memorial Bridge and creation of park space at the former
Hannah Court property should increase the number of people using the area and
provide additional customers for businesses. The City will explore ways to partner
with non-profits and the private sector to improve the entire 13th Street gateway.
Redevelopment may occur as properties change hands or current owners become
involved in the brownfields program. Other opportunities include potential
redevelopment of RRHA property at the intersection of Cleveland and 13th Street and
development of higher density housing on parcels on Cleveland Avenue, just behind
the parcels fronting on Cleveland. Strong businesses and a mixture of housing will
create a vibrant village center to compliment Grandin Village approximately 0.6 miles
to the west on Memorial Avenue and will be further supported by its relative proximity
to downtown, located a mile to the east.
To support Village Center development it may be appropriate to rezone general
commercial (CG) and mixed density residential (RM-2) to neighborhood commercial
(CN) and mixed use (MX) districts.
31
For the 13th Street Gateway area the following timeline has been proposed
Years 0-2
· Explore opportunities to partner with private and non-profit sector for
redevelopment along 13th Street
· Work with Housing Authority and other City departments to develop plan for
RRHA owned properties near Mountain View Recreation Center (former
Mapleshades Apartments and 732 13th St)
· Work with property owners to identify possible opportunities for redevelopment
and/or infill development
· Target code enforcement.
· Rezone 1-1 parcels that abut 13th Street to a new district that will support
existing business but allow a future mixture of uses that supports the long-term
corridor vision.
· Consider rezoning of corridor to CN on the west side of 13th Street and to MX on
the east side of 13th Street to support village center development.
Years 2-5
· Reinforce existing businesses as greenway and park facilities are developed and
encourage owners to participate in business support programs such as the
City's new entrepreneurial zone.
· Identify opportunities for fac;:ade improvements on existing businesses
· Continue code enforcement on residential, commercial and industrial properties
· Identify opportunities for assessment and clean-up to support continued
growth/expansion of business and new residential development
Years 5-10
· Reinforce and build on connections to nearby greenways and proximity to
Grandin Village and Downtown.
· Improve infrastructure (streetscape, crosswalks, lighting)
· Redevelopment efforts and activities will depend on outcome of work completed
in Years 0-5
Years 10-1 5
· Redevelopment efforts and activities will depend on outcome of work
completed in Years 0-10
Cleveland Avenue Special Use District
While many parcels within the corridor are vacant, several businesses and industrial
uses exist along the north side of Cleveland Avenue. Many are transient uses while
some are viable businesses that have been located in the area for years. The City
recognizes the importance of these businesses to the community's overall economic
well being and will work with these property owners on fac;:ade improvements,
streets cape improvements and other methods of blending/buffering with the
surrounding neighborhoods. To create a viable mixture of uses in the corridor, the
City will create a new special use zoning district and rezone properties along Cleveland
32
Avenue to support the long-term health of the corridor. The special use district will
incorporate some light industrial, commercial and residential uses to create and area
where craftsmen and artisans can establish shops along with opportunities for other
small to mid-sized businesses, commercial operations and residential uses. The ideal
use of the property would include multistory buildings with commercial or work space
on the first floors with office for residential space above.
The City has identified several immediate opportunities where redevelopment of vacant
property is an option in the near term. Initial costs will include assessment, clean-up,
demolition, and site preparation. As most of the property in the Cleveland Avenue
Special Use District is located within the 1 DO-year flood plain (but outside the floodway)
the sites will need to be elevated so buildings are not subject to flooding. These costs
(and associated costs of the flood reduction project) can be reduced if these sites can
be made available as fill areas for the Army Corps of Engineers.
For the Cleveland Avenue Special Use District the following timeline has been
proposed.
Years 0-2
. Develop details of proposed special use district and rezone identified parcels.
. Targeted code enforcement
. Complete environmental assessments for Evans Paint and Central Oil as access
to property becomes available.
· Identify opportunities for fa<;:ade improvements on existing businesses
· Work with property owners and tenants to maintain and improve area
· Continue and increase code enforcement
· Assist property owners wishing to sell and/or become involved in the
brownfields program through ongoing outreach and facilitation
. Continue working with U.S. Army Corps of Engineers on Flood Reduction and
Greenway projects - catalyst for development and opportunity for fill material
for flood prone properties.
. Consider implementation of a brownfield overlay to require environmental
assessment and remediation prior to issuance of a development plan.
Years 2-5
· Assist property owners wishing to sell and/or become involved in the
brownfields program through ongoing outreach and facilitation
. Conduct environmental clean-up as needed
. Acquire strategic parcels (either city or other public entity, or interested private
party)
. Demolish buildings on Evans Paint and Central Oil sites
· Fill low-lying properties with excess soil from future phases of flood reduction
project
. Prepare parcels for redevelopment
. Identify additional funding sources for redevelopment
· Work with property owners and tenants to maintain and improve area such as
opportunities for fa<;:ade improvements
· Continue targeted code enforcement
33
Years 5-10
. Continue site preparation for redevelopment
. Market properties for redevelopment (if current owner does not want to be
redeveloper)
. If businesses relocate or property is sold - work with buyers/sellers to
perform environmental assessments and clean-up as necessary
. Continue to work with property owners on fal;ade improvements, streetscape
improvements
Years 10-1 5
. Redevelopment into residential, commercial, mixed-use, etc
. Long Term Stewardship
Large Scale Industrial
While many parcels within the overall corridor are vacant or underused, several viable
businesses exist on Ashlawn and Bedford Streets south of the Roanoke River. The City
recognizes the importance of these businesses to the community's overall economic
well being and will work with property owners on fal;ade improvements, streetscape
improvements and other methods of blending/buffering with the surrounding
residential neighborhoods. In the long-term, as river amenities are developed, it is
possible that development pressure may make it attractive for these businesses to sell
their property and relocate to another industrial corridor. Should that happen the City
will work with the businesses to find suitable locations within the City and with
neighborhood residents on the proposed reuse of the property(ies).
Smaller industrial parcels are located at the north end of Ashlawn Street and could
present opportunities for various reuse options based on owner interest in
participating in a redevelopment project.
The following timeline has been proposed for enhanced large scale industrial areas.
Years 0-2
· Work with neighborhood groups and businesses to identify funding for improved
buffering
· Identify opportunities for fal;ade improvements
· Continue and increase code enforcement
· Work with property owners and tenants to maintain and improve area
· Assess open space conversion associated with the flood reduction project and
complimentary options for additional park space.
· Consider extension of Enterprise Zone and Conservation District to area to
provide additional incentives.
Years 2-5
· Reinforce existing industry with streetscape and cosmetic improvements per
street design guidelines
34
· Identify opportunities for fa<;ade improvements
· Improve compatibility with residential areas
· Continue and increase code enforcement
· Work with property owners and tenants to maintain and improve area
Years 5-10
· Continue to work with property owners on fa<;ade improvements, streets cape
improvements and other methods of blending/buffering with the surrounding
residential neighborhoods.
· Assist property owners wishing to sell and/or become involved in the
brownfields program.
· Rezone properties, as appropriate, as redevelopment projects are identified that
are consistent with the Neighborhood Plan.
Years 10-1 5
· Assist property owners wishing to sell and/or become involved in the
brownfields program.
· Rezone properties, as appropriate, as redevelopment projects are identified that
are consistent with the Neighborhood Plan.
Flood Plain Issues
Any development south of the tracks must avoid the flood way in accordance with the
City's zoning ordinance and development outside the floodway is still subject to a
number of development requirements. Furthermore, any development in this portion
of the flood plain should consider how the development may impact future flood levels
relative to the benefits provided by the current flood reduction project (i.e.,
development should not undo the benefits of the bench cuts in the area).
New development can be much more readily accommodated to the north of the tracks
as filling and construction in this area will not substantially affect the flow of the river.
As unused facilities are demolished (e.g., Evans Paint, Central Oil) excess soil from the
flood reduction project can be placed and compacted on these sites which offer several
advantages for development:
1. Raises new developments above the flood level.
2. Provides a cap over potentially contaminated soil.
3. Coordination with the flood reduction reduces costs.
Funding Sources
Best use of grant funds
The City received limited funding from the U.s. Environmental Protection Agency
brownfield program. Brownfield grant funds are available for site assessments to
identify and define environmental issues ($600,000 awarded to date), with additional
35
funds available for cleanup via a revolving loan fund ($1,200,000 to date). These
funds are best used for projects where funding gaps exist, yet leverage is available,
either through private or other public funds. The City will also look to target
brownfield funds in strategic areas where redevelopment will act as a catalyst for
private investment, such as the Roanoke River corridor in the Mountain View and
Norwich neighborhoods. Targeting funds and forming partnerships are necessary
objectives identified in the City-Wide Brownfield Plan.
Where funds are used will depend greatly on the participation of property owners and
interest from prospective developers, thus funds cannot be earmarked for specific
projects. This plan aims to ensure funds are used as part of an overall strategy while
allowing opportunities to be pursued as they arise.
Other funding options
A successful redevelopment program requires many sources of funding. EPA
Brownfield grants provide a valuable tool to address environmental issues at the start
of a redevelopment project. However, these funds are limited in amount and in the
scope of their use. Brownfield grants cannot be used to acquire property, demolish
obsolete structures, perform site work that is not related to cleanup, or support
construction of new facilities. This subsection outlines several options for funding to
supplement EPA Brownfield grants and supplement/stimulate private investment. The
Citywide Brownfields Plan further discusses funding options.
For Recreation/Open Space/Trails
· Western Virginia Land Trust (WVLT) - Its miSSion is to promote the
conservation of western Virginia's natural resources, including waterways.
With funds from state grants, WVL T has purchased small urban tracts to
secure greenway rights-of-way and may be a partner in acquiring
ecologically sensitive properties along the Roanoke River.
· Roanoke Valley Greenway Commission - Works with local governments
and private groups to advance greenway development in the Roanoke
Valley. The commission at its partners receives various local, state and
federal funds in addition to corporate investments and donations. Funding
from this organization and/or its partners could be used for land
acquisition for greenways and construction of greenways.
· Virginia Department of Conservation and Recreation - DCR helps local
parks and recreation departments through funding, expertise and training.
Through this partnership, more than 50,000 acres have been purchased for
parks and recreation in more than 400 parks around the state. Several
grant opportunities are available including the Land and Water
Conservation Fund (aka Virginia Outdoors Fund), Virginia Land
Conservation Foundation and Virginia Recreational Trails Fund.
· U.S. Department of the Interior: Rivers & Trails - Provides technical
assistance to locally-led natural resource conservation and outdoor
recreation projects. Rivers & Trails tailors planning assistance to meet the
36
specific needs of each applicant. They can help bring partners together,
establish organizational guidelines, generate project vision and goals,
assess resources, develop outreach campaigns, broaden project support,
investigate funding sources, design public workshops, guide concept plan
development, and more.
· VDOT - SAFETEA-LU - Transportation Enhancement funds are available for
a variety of uses including bike and pedestrian facilities (sidewalks, trails,
bike racks, bike lanes, etc), street furniture, historic street lighting,
landscaping, and gateways. Reimbursement grants of up to 80% of the
project cost are available through a competitive process.
· U.S. Army Corps of Engineers - Provides partial funding for the Flood
Reduction Project to include bench cuts, expansion of existing berm and
the construction of greenways along the Roanoke River.
For Clean Up
· Virginia Department of Environmental Quality/Virginia Resources
Authority: Clean Water Revolving Loan Fund - Loan assistance is available
for needed site remediation activities undertaken by the owner, or an entity
that has property interest, and where the remediation and/or cleanup effort
will result in an improvement to or protection of surface or groundwater.
(Fund can also be used to acquire property for conservation use along
waterways.)
· The Virginia Brownfields Restoration and Economic Redevelopment
Assistance Fund was established by the Virginia Brownfields Restoration
and Land Renewal Act in 2002. This fund could be used to assist with
environmental assessments, cleanup and other costs associated with
redevelopment (e.g., demolition) but no funds have been appropriate to
date.
· City of Roanoke's EPA Revolving Loan Fund - The City received $1.2
million for cleanup activities at brownfield sites. This funding will be in the
form of low- or no-interest loans for private sector and can be used as
grants for non-profits.
For Infrastructure and Redevelopment
· Virginia Housing Development Authority (VHDA) - Their Mixed Use/Mixed
Income Loan Program offers the opportunity to finance the acquisition,
construction and/or rehabilitation of developments to promote mixed-
income housing and mixed-use opportunities in qualified revitalization
areas.
· Community development focused financing groups such as Virginia L1SC
(Local Initiatives Support Corporation), Virginia Community Capital, etc. -
Provide grant support as well as patient, flexible financing for the
development of affordable housing, commercial and community facilities.
'7
,
Available primarily to non-profits, housing authorities and for-profit
developers sensitive to community development needs.
· Economic Development Authority - Industrial development revenue bond
financing is a source of tax exempt financing for manufacturing and
charitable organizations. Financing is obtained through a financial
institution or an underwriting process; usually backed by a commercial
grade letter of credit.
· State and Local Enterprise Zones - Office of Economic Development
administers several incentives for businesses within Enterprise Zones
including job grants for increasing number of full time employees, real
property investment grants, fee rebates, fa<;:ade grants, and more.
· Entrepreneurial Zone - The entrepreneurial zone is a new economic
development tool that works in conjunction with the City's Enterprise
Zone 1 A. This program provides support to new businesses that open
including development of plans and access to business management
related resources. This is viewed as a key resource as many start up
businesses fail not due to the company's ideas but due to a lack of
business operational understanding..
· CDBG & HOME funds - Much of these federal funds are currently set aside
for the Hurt Park area including 13th Street and may be used for housing,
economic development, infrastructure and some social services.
Activities must benefit low and moderate income communities or
eradicate blight.
· Other HUD funding - BEDI & Section 108 Loans - BED I offers funding to
enhance the security of a loan guaranteed by HUD under Section 108, for
the same brownfields economic development project, or to improve the
viability of a brownfields economic development project financed with
Section 108-guaranteed loan, in order to stimulate economic
development by local governments and private sector parties at
brownfields sites and to return those sites to productive, economic use.
· U.S. Department of Commerce - Public Works and Economic Development
investments help support the construction or rehabilitation of essential
public infrastructure and facilities necessary to generate or retain private
sector jobs and investments, attract private sector capital, and promote
regional competitiveness, including investments that expand and
upgrade infrastructure to attract new industry, support technology-led
development, redevelop brownfield sites and provide eco-industrial
development.
Use of Tax Incentives
38
Various tax incentives, financing methods and strategies have been used successfully
in other states as a means to offset development costs associated with brownfield
sites.
. Tax Credits - A tax credit program would allow cleanup and/or development costs
(or portions thereof) on a brownfield site to be taken as a tax credit. Essentially the
eligible amount could be deducted from the developer's tax burden or sold to a
third-party desiring to reduce its tax burden. Depending how the program is
developed it could provide a credit for state or local taxes. Several states have
implemented tax credit programs that have been very successful in stimulating
investment. The benefit could be similar to the impact of historic preservation tax
credits on recent development in downtown Roanoke. When sold, the credits can be
a significant financing tool.
. Tax Abatement - Unlike tax credits that can be sold, tax abatement simply freezes
the assessed value (and therefore the property tax amount) of a property at the level
prior to redevelopment for a defined period of time. Although this does not provide
assistance with financing on the front end of a project, it can reduce the operating
cost of a property during the abatement period which may allow a developer/owner
to finance more debt than would otherwise have been economically feasible.
. Tax Increment Financing - Tax increment financing (TIF) allows the creation of a
development project area where the net change in real estate values is used to
service debt incurred to provide public facilities including infrastructure and
acquisition of real estate for use as public open space.
Long-Term Stewardship
For redevelopment to be truly successful it must not only restore properties to a
productive use but must do so in a way that is protective of human health and the
environment over time. Long-term stewardship is the process used to make sure that
environmental cleanups, engineering controls and/or institutional controls that are
proposed as part of a redevelopment project are properly implemented and maintained
over time. This is an important consideration in this corridor where much of the
redevelopment will likely occur by the private sector with only assistance from the City.
The two primary concerns with redevelopment work in the corridor are:
1 . Ensuring that prospective purchasers/developers perform adequate due
diligence to determine what environmental conditions exist on a property and
how those conditions can be addressed during redevelopment.
2. Ensuring that once a site reaches a regulatory closure status that there is a
record assigned with the property that indicates what level of clean up occurred
and how the property is intended to be used in the future (restrictions on land
use).
The property owner is ultimately responsible for performing appropriate care to make
sure the site is safe for use. However, there are currently no mechanisms in place in
the City's development review process to check that environmental issues have, in fact,
39
been assessed and addressed. State Code (~15.2-2286) allows the City to require that
Phase I and Phase II, when necessary, environmental site assessments be performed
and the disclosure and remediation of contamination or other adverse environmental
conditions prior to approval of subdivision and development plans. An overlay zoning
district could be applied to the corridor that would require the submittal of necessary
environmental assessment and cleanup data to document that proposed
redevelopment projects are safe for the intended users, adjacent properties and the
environment.
Design Considerations
As the corridor is redeveloped it is critical that new facilities and infrastructure be
designed in a manner that adds to the overall appeal of the neighborhoods and
encourages even more investment. Public rights of way should be adapted to provide
complete streets in accordance with the City's Street Design guidelines, including
sidewalk street trees and bicycle accommodations. Careful consideration should also
be given to given to the proposed special use zoning district on Cleveland Avenue with
regard to building set backs, orientation, height and other design and aesthetic
features. Form-based elements or use patterns may be incorporated in the district or
an overlay as deemed appropriate.
Funding for streetscape improvements may be provided from the city as part of a
capital improvement program or as part of a TIF district during the course of the
revitalization work. Some elements, such as sidewalk and street trees could potentially
be added as individual properties are redeveloped. Design elements for new or
renovated structures would be incorporated as part of the development or
rehabilitation process. These efforts would be funded by the individual developers but
could be assisted/offset by City fac;:ade grants and/or tax abatement programs.
Street Street Function Future Character Right- Street
Type District of-Way Elements
Width Needed
13th Collector Neighborhood Traditional 60' street trees
Street gateway, access to neighborhood/
qreenway Village center
18th Local Neighborhood Traditional 50' curb, sidewalk
Street connection to future neighborhood/ and street
special use and park commercial trees
space
Ashlawn Local Neighborhood Traditional 60' curb, sidewalk
Street connection to future neighborhood and street
park space trees
Bridge Local Connection between Traditional 70' curb,
Street greenway and targeted neighborhood/ sidewalk,
village center Recreation open street trees
space
Cleveland Local Primary route to future Commercial 50' curb,
Avenue special use district sidewalk,
street trees
Primary Streets in Corridor
40
lONE: :3
:3
5
:3
G
:3 5
LCROS (2a)
ZooQ I; TrawI-3(l'
ZIX1\! ;t;PJfW"g - (l'
Zcme 3~-GHttt!<t/(ffaitl,jj~JO 1~r {1,:/4'/1"/1'j
1<:>1'" 4,Curb ' I)'
Zo-ne: s: P1milftflU~iHli~\' 1 S* (1 fI/S")
~ lIT
Total ROW: 67'
Potential Street section for Bridge Street at future greenway/linear park along the
Roanoke River
lONE: ., 6
5 4 2&3
2.&3 4 5 61
L.TN fIb}
';:{1I!\! 1; ll,I'iVI- 'i'
l,on@ ;., f<lrking , !4'
Z;:me j: Gutt.,fDm,cn"g" ' (l'
Ztin" 4, (urb - '1 '
ZOllti 5~ PM;ttm-/U~#H~f~rN - f}~
Z,one6~ P~~Je::.~riim :;: t {)'
Zonoe 7 F')W Et!;l~ '
Total ROW: 50'
Preferred street section for 18th Street, Ashlawn Avenue and Cleveland Avenue at 13th
Street.
ZONE; 7 I.i
5 .. 2&3
2&3 .. 5
C TN fib}
Zf;lf)~l: T~'ie'l. ft 21'
-10"
tJ
Ii 1
Zon~ 4.: CUrb ~
lon(~ $: PI;)11~U/l)mHkt, , '12'
lone 6: ;I':H:Je_;trlaJ\'~ 'ji}'
10>1'" j, ilO'A' Ed"", 1
Total ROW: 6~'
Preferred street section for 13th Street gateway with modifications for current bicycle
accommodations.
41
lONE: 6 5 4 2&3
345 6
LCD" (2d)
Zon" L navel" :'{)'
ZOft!' 2: Parking' T
Zone 3~: Gutt?r/OrarOiHje: ~ l'
lW\e "': Curl) , j'
Zone 5, Pfanter/Ulilitiei ' 8'
Zi)ne 'Cke Ped~:1trhn 11'
.2\)ne "h Rei-V; Fdq~' r/
Total ROW: 50'
Potential street section for more densely developed portions of the 13th Street village center and
Cleveland Avenue Special Use District.
Mixed inffll: ground'
Hoor coinrnerc'tal with
residential above
Landsp;.ped median
to slciwtraffic
,at bridge
Consistent
architecture
Conceptual image of a small neighborhood village center from Vision 2001-2020 that may serve
as a model for commercial portions of 13th Street, the Cleveland Avenue Special Use District and
commercial portions of the Norwich neighborhood.
4. Implementation of Policy and Actions
Implementation of the corridor plan will require partnerships between property owners,
prospective developers and the surrounding community with support and assistance
from the City. For such partnerships to be successful, effective communication of
progress, opportunities and needed changes will be critical.
Create a marketing theme
Attracting development to the area will be critical for the implementation of the
corridor plan. City staff will develop a theme for marketing the project area to
42
potential developers and partners that projects the vision for the corridor along with
support that can be offered.
Routine plan review
The plan must be dynamic to reflect changes in market condition, development and
actions within the corridor, and development in the surrounding area. Action on the
plan will be reviewed annually and updated to reflect current and anticipated needs.
Stakeholder advisory committee
As work in the corridor will directly impact business owners, property owners and the
surrounding neighborhoods, continued input and support from the community is
needed. The City will solicit volunteers representing residential and business
stakeholders to participate in a stakeholder advisory committee. The committee will
meet with City staff on a periodic basis to monitor progress and provide input on
proposed projects in the corridor.
Coordination with parties
As transformation of the Mountain View/Norwich corridor will be based on
partnerships, coordination will be a key element to success. All parties must be in a
position to take full advantage of opportunities that advance the community vision.
This involves coordination and communication with various departments in the City,
coordination with community stakeholders and private sector developers. Leveraging
resources to support projects will be critical. The identification of a primary liaison to
champion development issues in the corridor should also be considered.
Action
Responsibility
Time Frame
43
APPENDIX A
Summary of Historical Industrial Operations and
Known Environmental Issues
The Roanoke Times
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
CITY OF ROANOKE, PDV
PLANNING, BLDG., DEV
215 CHURCH RM 166
ROANOKE VA 24011
REFERENCE: 80076514
11058802
NPH-Mountain View/No
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 ioanoke, in the State of
Virginia, do certify that the annexed notice was
:published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
__~~_day of Sep 2008. Witness my hand and
official seal. ~ ~
_~ -I"!r"'\~~__ Notary Public
My commissi expires ________~Jit~l~_---.
PUBLISHED ON:
08/29 09/05
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TOTAL COST:
FILED ON:
342.00
09/05/08
NOTICE OF PUBLIC
HEARING ,
The Council of the City of
Roanoke will hold a public
hearing on Mon-day,
September 15', 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
Buildirg, .215 Church
Avenue, ,S,W" Roanoke,
Virginia, to consider the
following: ,
Request to amend Vision
2001-2020, the City's
comprehensive plan, to
include the Mountain
View/Norwich Corridor Plan
dated August 22, 2008, with
,the purpose of such plan
'being to help guide
I brownfleld redevelopment
wit h I nth e M 0 u n.l a i n
! View/Norwich corridor, using
:,strategles, policies 'and
, actions outlined In the plan,
J A copy of the plan is
i available for review In the
IOffice of the City Clerk,
: Room 456, Noel C, Taylor I
Municipal Building, 215 '
Church Avenue, S,W" \
Roanoke, Virginia, ,:
, All parties In interest and .
)citizens may appear on the
,above date and be heard on
Ithe mailer. If you are a :
person with a disability who :
I needs accommodations for :
..Ji
L_.~---:____.~ '
this hearing, Plea~;;~;;~t;cl
the City Clerk's Office at'
853-2541, before noon' on
the ThurSday before the date
of the healing 'i~ted above, 1
GIVEN under my hand this I
26th day of August, 2008." I
Stephanie M, Moon, CMCI
, City Clerk, I
(11058802)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
A~thorized ~ j)
s,gnature'-r ~___ _ Billing Services Representative
'. l:~ _ <. ,
~~~
'i:.~. .::;:';
".. - ;
..':>. .'J .
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday, September 15,
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 to amend Vision 2001-2020, the City's comprehensive plan, to
include the Mountain ViewlNorwich Corridor Plan dated August 22, 2008,
with the purpose of such plan being to help guide brownfield redevelopment
within the Mountain ViewlNorwich corridor, using strategies, policies and
actions outlined in the plan.
A copy ofthe plan is available for review in the Office of the City Clerk, Room 456, Noel C.
Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter.
If you are a person with a disability who needs accommodations for this hearing, please contact the
City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed
above.
GIVEN under my hand this 26thday of August
,2008.
Stephanie M. Moon, CMC
City Clerk.
Mountain View-Norwich Corridor-amend Vision 2001-2020,doc
Notice to Publisher:
Publish in the Roanoke Times on Friday, August 29,2008, and Friday, September 5,2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
NPH- Mountain View-Norwich Corridor-amend Vision 2001-2020,doc
Send Bill to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva,gov
SHEILA N, HARTMAN. CMC
Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
CECELlA R, TYREE
Assistant Deputy City Clerk
September 16, 2008
George J. A. Clemo, Attorney
Woods Rogers PLC
P. O. Box 14125
Roanoke, Virginia 24038-4125
Dear Mr. Clemo:
I am enclosing copies of Resolution No. 38239-091 508 authorizing issuance of
not to exceed $7,500,000.00 General Obligation School Bonds of the City of
Roanoke, Virginia, Series 2008-A, to be sold to the Virginia Public School
Authority and providing for the form and details thereof; and Resolution No.
38240-091508 authorizing issuance of not to exceed $10,850,000.00 General
Obligation School Bonds of the City of Roanoke, Virginia, Series 2008-B, to be
sold to the Virginia Public School Authority and providing for the form and
details thereof.
The abovereferenced measures were adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, September 15,2008.
Sincerely,
~ 'rt), 'fY\($JYV
Stephanie M. Moon, CMC ~
City Clerk
SM M :ew
Enclosu re
George J. A. Clemo, Attorney
Page 2
September 16, 2008
pc: The Honorable Brenda S. Hamilton, Clerk of Circuit Court
Jay Conrad, Senior Vice President, BB&T Capital Markets, P. O. Box 1575,
Richmond, Virginia 23218-1 575
Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools,
P. O. Box 13145, Roanoke, Virginia 24031
Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
~s
:..J
IN'THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
[Subsidy]
The 15th day of September, 2008.
Resolution No. 38239-091508.
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$7,500,000 GENERAL OBLIGATION SCHOOL BONDS
OF THE CITY OF ROANOKE, VIRGINIA, SERIES 2008A,
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF.
WHEREAS, on October 18,2007, the Commonwealth of Virginia Board of Education (the
"Board of Education") placed the application (the "Application") of the School Board of the City of
Roanoke, Virginia (the "School Board"), for a loan of $7,500,000 (the IlLiterary Fund Loan") from
the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the "Literary
Fund"), for the construction, renovation and expansion of school buildings (the "Project") in the
City of Roanoke, Virginia (the "City"), on the First Priority Waiting List;
WHEREAS, the Board of Education was to have approved the release of Literary Fund
moneys to the School Board and make a commitment to loan such moneys to the School Board (the
"Commitment") within one (1) year of placement of the Application on the First Priority Waiting
List upon receipt of the Literary Fund of an unencumbered sum available at least equal to the
amount of the Application and the approval, by the Board of Education, of the Application as
having met all conditions for a loan from the Literary Fund;
WHEREAS, the Board of Education was thereafter to have given advances on the amount
of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation
of the Project progressed, in exchange for temporary notes from the School Board to the Literary
Fund (the "Temporary Notes") for the amounts so advanced;
WHEREAS, after the completion of the Project and the advance of the total amount of the
Commitment, the Temporary Notes were to have been consolidated into a permanent loan note of
the School 'Board to the Literary Fund (the "Literary Fund Obligation") which was to evidence the
obligation ofthe School Board to repay the Literary Fund Loan;
WHEREAS, the Literary Fund Obligation was to have borne interest at three percent (3%)
per annum and mature in annual installments for a period of twenty (20) years;
. WHEREAS, in connection c'With the 2008 Interest Rate Subsidy Program (the "Program"),
the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation
school bonds of the City, and the Board of Education has offered to pay, to the City, a lump sum
cash payment (the "Lump Sum Cash Payment") equal to the sum of (i) net present value difference,
determined on the date on which VPSA sells its bonds, between the weighted average interest rate
that the general obligation school bonds of the City will bear upon sale to VPSA and the interest rate
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that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing
such bonds of the City (the "Issuance Expense Allowance");
WHEREAS, the City Council (the "Council") of the City of Roanoke, Virginia (the "City"),
has determined that it is necessary and expedient to borrow not to exceed $7,500,000 and to issue its
general obligation school bonds for the purpose of financing certain capital projects for school
purposes; and
WHEREAS, the City held a public hearing, duly noticed, on September 15, 2008, on the
issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-2606,
Code of Virginia 1950, as amended (the "Virginia Code"); and
WHEREAS, the School Board of the City has, by resolution, requested the Council to
authorize the issuance of the Bonds (as hereinafter defmed) and, consented to the issuance of the
Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA:
i. Authorization of Bonds and Use of Proceeds. The Council hereby determines that it is
advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate
principal amount not to exceed $7,500,000 (the "Bonds") for the purpose offinancing certain capital
projects for school purposes described in Exhibit B. The Board hereby authorizes the issuance and
sale of the Bonds in the form and upon the terms established pursuant to this Resolution.
2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the
offer of the Virginia Public School Authority (the "VPSA") to purchase from the City, and to sell to
VPSA, the Bonds at a price, determined by VPSA to be fair and accepted by the Mayor and the
City Manager. The Mayor, the City Manager, and such officer or officers of the City as either may
designate are hereby authorized and directed to enter into a Bond Sale Agreement dated as of
October 10, 2008 with VPSA providing for the sale ofthe Bonds to VPSA in substantially the form
submitted to the Council at this meeting, which form is hereby approved (the "Bond Sale
Agreement").
3. Details of the Bonds. The Bonds shall be issuable in fully registered form; shall be
dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation
School Bonds, Series 2008A"; shall bear interest from the date of delivery thereof payable
semi-annually on each January 15 and July 15 beginning July 15, 2009 (each an "Interest Payment
Date"), at the rates established in accordance with Section 4 of-this Resolution; and shall mature on
July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on Schedule I
attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this
Resolution.
4. Interest Rates and Principal Installments. The City Manager is hereby authorized and
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{#1l17928-1, 077826-00056-01}
directed to accept the interest rates on the Bonds established by VPSA, provided that each interest
rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by VPSA
for the corresponding principal payment date of the bonds to be issued by VPSA (the "VPSA
Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided
further, that the true interest cost of the Bonds does not exceed five and fifty one-hundredths percent
(5.50 %) per annum. The Interest Payment Dates and the Principal Installments are subject to
change at the request of VPSA. The City Manager is hereby authorized and directed to accept
changes in the Interest Payment Dates and the Principal Installments at the request of VPSA,
provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized
by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall
conclusively evidence such interest rates established by VPSA and Interest Payment. Dates and the
Principal Installments requested by VPSA as having been so accepted as authorized by this
Resolution.
5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary
typewritten bond substantially in the form attached hereto as Exhibit A.
6. Payment: Payinl! Al!ent and Bond Rel!istrar. The following provisions shall apply to
the Bonds:
(a) For as long as VPSA is the registered owner of the Bonds, all payments of principal,
premium, if any, and interest on the Bonds shall be made in immediately available funds to VPSA
at, or before 11 :00 a.m. on the applicable Interest Payment Date or Principal Payment Date, or if
such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or
before 11 :00 a.m. on the business day next succeeding such Interest Payment Date or Principal
Payment Date.
(b) All overdue payments of principal and, to the extent permitted by law, interest shall bear
interest at the applicable interest rate or rates onthe Bonds.
(c) Regions Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent
for the Bonds.
7. No Redemption or Prepayment. The Principal Installments of the Bonds shall not be
subject to redemption or prepayment. Furthermore, the Council covenants, on behalf of the City,
not to refund or refinance the Bonds without first obtaining the written consent of VPSA or the
registered owner of the Bonds.
8. Execution of the Bonds. The Mayor or Vice Mayor and the Clerk or any Deputy City
Clerk are authorized and directed to execute and deliver the Bonds and to affix the seal of the City
thereto.
9. Pled2e of Full Faith and Credit. For the prompt payment of the principal of, premium,
if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the
B-3
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City are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding
there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable
property in the City subject to local taxation sufficient in amount to provide for the payment of the
principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any,
and interest shall become due, which tax shall be without limitation as to rate or amount and in
addition to all other taxes authorized to be levied in the City to the extent other funds of the City are-
. not lawfully available and appropriated for such purpose.
10. Use of Proceeds Certificate and Certificate as to Arbitrage. The Mayor, the City
Manager and such officer or officers of the City as either may designate are hereby authorized and
directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth
the expected use arid investment of the proceeds of the Bonds and containing such covenants as may
be necessary in order to show compliance with the provisions of the Internal Revenue Code of
1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross
income of interest on the Bonds and on VPSA Bonds except as provided below. The Board
covenants on behalf of the City that (i) the proceeds from the issuance and sale of the Bonds will be
invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds
Certificate and that the City shall comply with the other covenants and representations contained
therein and (ii) the' City shall comply with the provisions of the Code so that interest on the Bonds
and on VPSA Bonds will remain excludable from gross income for Federal income tax purposes.
11. State Non-Arbitrage Program: Proceeds Agreement. The Council hereby
determines that it is in the best interests of the City to authorize and direct the City Treasurer to
participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the City
Manager and such officer or officers of the City as either may designate are hereby authorized and
directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of
proceeds of the Bonds by and among the City, the .other participants in the sale of VPSA Bonds,
VPSA, .the investment manager and the depository, substantially in the form submitted to the
Councilat this meeting, which form is hereby approved.
12. Continuing Disclosure Agreement. The Mayor the City /Manager and such officer or
officers of the City as either may designate are hereby authorized and directed to execute a
Continuing Disclosure Agreement, as set forth in Appendix E to the Bond Sale Agreement, setting
forth the reports and notices to be filed by the City and containing such covenants as may be
necessary in order to show compliance with the provisions of the Securities -and Exchange
Commission Rille 15c2-12 and directed to make all filings required by Section 3 of the Bond Sale
Agreement should the City be determined by VPSA to be a MOP (as defined in the Continuing
Disclosure Agreement).
13. Filing of Resolution. The appropriate officers or agents of the City are hereby
authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court
of the City.
14. Further Actions. The members of the Council.and all officers, employees and agents
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of the City are hereby authorized to take such action as they or anyone of them may consider
necessary or desirable in connection with the issuance and sale of the Bonds and any such action
previously taken is hereby ratified and confirmed.
15. Effective Date. This Resolution shall take effect immediately.
* * *
The undersigned Clerk 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 City Council held on
September 15, 2008, and of the whole thereof so far as applicable to the matters referred to in such
extract. I hereby further certify that such meeting was a regularly scheduled meeting and that,
during the consideration of the foregoing resolution, a quorum was present and that the attendance
and voting of the members in attendance on the foregoing resolution were as follows:.
David A. Bowers, Mayor
Sherman P. Lea, Vice Mayor
Gwendolyn W. Mason
Alvin L. Nash
Anita J. Price
Court G. Rosen
David B. Trinkle
Present
X
X
X
X
X
X
X
Absent Aye
X
X
X
X
X
X
X
Nay Abstain
WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this16thday of
September, 2008.
"0. .~
C:lerk, I
City of Roanoke, Virginia
[SEAL]
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[Subsidy]
EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TS-l
$
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
General Obligation School Bond
Series 2008A
The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, hereby
acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL
AUTHORITY the principal amount of DOLLARS ($ ), in annual
installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2009 and
annually on July 15 thereafter to and including July 15, 2028 (each a "Principal Payment Date"),
together with interest from the date of this Bond on the unpaid installments, payable semi-annually
on January 15 and July 15 of each year, commencing on July 15, 2009 (each an "Interest Payment
Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set
forth on Schedule I attached hereto. Both principal of and interest on this Bond are payable in
lawful money of the United States of America.
For as long as the Virginia Public School Authority is the registered owner of this Bond,
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Regions Bank, as bond registrar (the "Bond Registrar"), shall make all payments of principal,
premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the
Virginia Public School Authority, in immediately available fimds at or before 11 :00 a.m. on the
applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date
fixed for prepayment or redemption is not a business day for banks in the Commonwealth of
Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or
interest on this Bond shall be made in immediately available fimds at or before 11 :00 a.m. on the
business day next succeeding the scheduled Payment Date or date fixed for prepayment or
redemption. Upon receipt by the registered owner of this Bond of said payments of principal,
premium, if any, and interest, written acknowledgment of the receipt thereof shall be given
promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond
to the extent of the payment so made. Upon fmal payment, this Bond shall be surrendered to the
Bond Registrar for cancellation.
The full faith and credit of the City are irrevocably pledged for the payment of the principal
of and the premium, if any, and interest on this Bond. The resolution adopted by the City Council
authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code of Virginia 1950, as
amended, requires, that there shall be levied and collected an annual tax upon all taxable property in
the City subject to local taxation sufficient to provide for the payment of the principal, premium, if
any, and interest on this Bond as the same shall become due which tax shall be without limitation as
to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to the
extent other fimds of the City are not lawfully available and appropriated for such purpose.
A-2
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(
This Bond is duly authorized and issued in compliance with and pursuant to the Constitution
and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26,
Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the City Council
and the School Board of the City to provide funds for capital projects for school purposes.
This Bond may be exchanged without cost, on twenty (20) days written notice from the
Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for
two or more temporary bonds or definitive bonds in fully registered form in denominations of
$5,000 and whole multiples thereof, and; in any case, having an equal aggregate principal amount
having maturities and bearing interest at rates corresponding to the maturities of and the interest
rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name
of the Virginia Public School Authority on the books of the City kept by the Bond Registrar, and the
transfer of this Bond may be effected by the registered owner of this Bond only upon due execution
of an assignment by such registered owner. Upon receipt of such assignment and the surrender of
this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove
provided, such definitive Bonds to be registered on such registration books in the name of the
assignee or assignees named in such assignment.
The principal installments of this Bond are not subject to redemption or prepayment.
All acts, conditions and things required by the Constitution and laws of the Commonwealth
of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have hap-
pened, exist and have been performed in due time, form and manner as so required, and this Bond,
together with all other indebtedness of the City, is within every debt and other limit prescribed by
A-3
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the Constitution and laws of the Commonwealth of Virginia
IN WITNESS WHEREOF, the Council of the City of Roanoke has caused this Bond to
be issued in the name of the City of Roanoke, Virginia, to be signed by its Mayor or Vice-Mayor, its
seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and
this Bond to be dated November 20J 2008.
CITY OF ROANOKE,
VIRGINIA
(SEAL)
ATTEST:
Clerk,
City of
Roanoke, Virginia
Mayor, City of
Roanoke, Virginia
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{# 1117928-1, 077826-00056-01 }
ASSIGNMENT
FOR V ALUE RECEIVED, the undersigned sells, assigns and transfers unto
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF
ASSIGNEE)
PLEASE INSERT SOCIAL SECtJRrTY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
the within Bond and irrevocably constitutes and appoints
attorney to exchange said Bond for
defmitive bonds in lieu of which this Bond is issued and to register the transfer of such defmitive
bonds on the books kept for registration thereof, with full power of substitution in the premises.
Date:
Registered Owner
Signature Guaranteed:
(NOTICE: The signature above
must correspond with the name
of the Registered Owner as it
appears on the front of this
Bond in every particular,
without alteration or change.)
(NOTICE: Signature(s) must be
guaranteed by an "eligible guarantor
institution" rneeting the requirements
of the Bond Registrar which
requirements will include Membership or
participation in STAMP or such other "signature
guarantee program" as may be determined by
the Bond Registrar in addition to, or in substitution for,
STAMP, all in accordance with the Securities Exchange
Act of 1934, as amended.
A-5
{#11 17928-1, 077826-00056-01}
SCHEDULE I
8/28/08
Roanoke City LF #3
Subsidized Local School Bond
Fiscal
Principal Rate Interest Total Total
7/15/2009 $375,000 3.000% $146,875.00 $521,875.00 $0.00
1/15/2010 $0 106,875.00 106,875.00 628,750.00
7/15/2010 $375,000 3.000% 106,875.00 481,875.00 0.00
1/15/2011 $0 101,250.00 101,250.00 583,125.00
7/15/2011 $375,000 3.000% 101,250.00 476,250.00 0.00
1/15/2012 $0 95,625.00 95,625.00 571,875.00
7/15/2012 $375,000 3.000% 95,625.00 470,625.00 0.00
1/15/2013 $0 90,000.00 90,000.00 560,625.00
7/15/2013 $375,000 3.000% 90,000.00 465,000.00 0.00
1/1512014 $0 84,375.00 84,375.00 549,375.00
7/15/2014 $375,000 3.000% 84,375.00 459,375.00 0.00
1/15/2015 $0 78,750.00 78,750.00 538,125.00
7/15/2015 $375,000 3.000% 78,750.00 453,750.00 0.00
1/15/2016 $0 73,125.00 73,125.00 526,875.00
7/15/2016 $375,000 3.000% 73,125.00 448,125.00 0.00
1/1512017 $0 67,500.00 67,500.00 515,625.00
7/15/2017 $375,000 3.000% 67,500.00 442,500.00 0.00
1/15/2018 $0 61,875.00 61,875.00 504,375.00
7/15/2018 $375,000 3.000% 61,875.00 436,875.00 0.00
1/15/2019 $0 56,250.00 56,250.00 493,125.00
, 7/15/2019 $375,000 3.000% 56,250.00 431,250.00 0.00
1/15/2020 $0 50,625.00 50,625.00 481,875.00
7/15/2020 $375,000 3.000% 50,625.00 . 425,625.00 0.00
1/15/2021 $0 45,000.00 45,000.00 470,625.00 .
7/15/2021 $375,000 3.000% 45,000.00 420,000.00 0.00
1/15/2022 $0 39,375.00 39,375.00 459,375.00
7/15/2022 $375,000 3.000% 39,375.00 414,375.00 0.00
1/15/2023 $0 33,750.00 33,750.00 448,125.00
7/15/2023 $375,000 3.000% 33,750.00 408,750.00 0.00
1/15/2024 $0 28,125.00 28,125.00 436,875.00
7/15/2024 $375,000 3.000% 28,125.00 403,125.00 0.00
1/1512025 $0 22,500.00 22,500.00 425,625.00
7/15/2025 . $375,000 3.000% 22,500.00 397,500.00 0.00
1/1512026 $0 16,875.00 16,875.00 414,375.00
7/15/2026 $375,000 3.000% 16,875.00 391,875.00 0.00
1/15/2027 $0 11,250.00 11,250.00 403,125.00
7/15/2027 $375,000 3.000% 11,250.00 386,250.00 0.00
1/15/2028 $0 5,625.00 5,625.00 391,875.00
7/1512028 $375,000 3.000% 5,625.00 380,625.00 0.00
1/15/2029 0.00 0.00 380,625.00
7/15/2029 0.00 0.00 0.00
1/15/2030 0.00 0.00 0.00
7/15/2030 0.00 0.00 0.00
1/15/2031 0.00 0.00 0.00
7/15/2031 0.00 0.00 0.00
1/15/2032 0.00 0.00 0.00
7/15/2032 0.00 0.00 0.00
1/15/2033 0.00 0.00 0.00
7/15/2033 0.00 0.00 0.00
1/15/2034 0.00 0.00 0.00
Debt Total $7,500,000.00 $2,284,375.00 $9,784,375.00 $9,784,375.00
\ 1R./!11:/':fLJir'E, '\.If NI./:O-UW::>O-U 11
EXHIBIT B
The proceeds of the Bonds will be used to finance the construction of certain capital
improvements and the acquisition and installation of certain capital equipment for William
Fleming High School (the "Project"), provided that any proceeds not needed for the Project may be
expended on any other capital improvement for school purposes within the City of Roanoke,
Virginia.
{# 1117928-1, 077826-00056-01 }
:J~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA (Non-Subsidy]
The 15th day of September, 2008.
Resolution No. 38240-091508.
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$10,850,000 GENERAL OBLIGATION SCHOOL BONDS
OF THE CITY OF ROANOKE, VIRGINIA, SERIES 2008B,
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF.
WHEREAS, the City Council (the "Council") of the City of Roanoke, Virginia (the "City"),
has determined that it is necessary and expedient to borrow an amount not to exceed $10,850,000
and to issue its general obligation school bonds for the purpose of financing certain capital projects
for school purposes; and
WHEREAS, the City held public hearings, duly noticed, on August 18, 2008, and May 21,
2007, on the issuance of the Bonds (as defined below) in accordance with the requirements of
Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and
WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $10,850,000
is the amount of proceeds requested (the "Proceeds Requested") from the Virginia Public School
Authority (the "VPSA") in connection with the sale of the Bonds; and
WHEREAS, VPSA's objective is to pay the City a purchase price for the Bonds which, in
VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking
into consideration of such factors as the amortization schedule the City has requested for the Bonds
relative to the amortization schedules requested by other localities, the purchase price to be received
by VPSA for its bonds and other market conditions relating to the sale ofVPSA's bonds; and
WHEREAS, such factors may result in the Bonds having a purchase price other than par
and consequently, if the maximum authorized principal amount of the Bonds set forth in section 1
below does not exceed the Proceeds Requested by at least the amount of any discount, the purchase
price to be paid to the City, given the VPSA Purchase Price Objective and market conditions, will
be less than the Proceeds Requested.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA:
1 Authorization of Bonds and Use of Proceeds. The Council hereby determines that it is
advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate
principal amount not to exceed $10,850,000 (the "Bonds") for the purpose of financing certain
capital projects for school purposes as described in Exhibit B. The Council hereby authorizes the
B-1
{# 1118594-1,077826-00056-01}
issuance and sale of the Bonds in the form and upon the terms established pursuant to this
Resolution.
2 Sale of the Bonds. It is determined to be in the best interest of the City to accept the
offer of VPSA to purchase from the City, and to sell to VPSA, the Bonds at a price, determined
by VPSA to be fair and accepted by the Mayor and the City Manager, or either of them that is
substantially equal to the Proceeds Requested, except that the .Bonds may be sold for a purchase
price not lower than 95% of the Proceeds Requested if issuing the Bonds in the maximum
principal amount authorized by Section 1 of this Resolution is insufficient, given the VPSA
Purchase Price Objective and market conditions, to generate an amount of proceeds substantially
equal to the Proceeds Requested. The Mayor, the City Manager, or either of them and such other
officer or officers of the City as either may designate are hereby authorized and directed to enter
into a Bond Sale Agreement, dated as of October 10, 2008, with VPSA providing for the sale of
the Bonds to VPSA. The agreement shall be in substantially the form submitted to the Council at
this meeting, which form is hereby approved (the"Bond Sale Agreement").
3 Details of the Bonds. The Bonds shall be dated the date of issuance and delivery of the
Bonds; shall be designated "General Obligation School Bonds, Series 2008B"; shall bear interest
from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning
July 15,2009 (each an "Interest Payment Date"), at the rates established in accordance with Section
4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and
in the amounts set forth on Schedule I attached hereto (the "Principal Installments"), subject to the
provisions of Section 4 of this Resolution.
4 Interest Rates and Principal Installments. The City Manager is hereby authorized and
directed to accept the interest rates on the Bonds established by VPSA, provided that each interest
rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by VPSA
for the corresponding principal payment date of the bonds to be issued by VPSA (the "VPSA
Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided
further that the true interest cost of the Bonds does not exceed five and fifty one-hundredths percent
(5.50 %) per annum. The Interest Payment Dates and the Principal Installments are subject to
change at the request of VPSA. The City Manager is hereby authorized and' directed to accept
changes in the Interest Payment Dates and the Principal Installments at the request of VPSA,
provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized
by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall
conclusively evidence such interest rates established by VPSA and Interest Payment Dates and the
Principal Installments requested by VPSA as having been so accepted as authorized by this
Resolution.
5 Form of the Bonds. The Bonds shall be initially in the form of a single, temporary
typewritten bond substantially ip the form attached hereto as Exhibit A.
6 Payment: Pavini! Ae-ent and Bond Recistrar. The following provisions shall apply to
the Bonds:
B-2
{#1118594-1, 077826-00056-01}
(a) For as long as VPSA is the registered owner of the Bonds, all payments of principal,
premium, if any, and interest on the Bonds shall be made in immediately available funds to VPSA
at, or before 11 :00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date
fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for
the Commonwealth of Virginia, then at or before 11 :00 a.m. on the business day next succeeding
such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption.
(b) All overdue payments of principal and, to the extent permitted by law, interest shall bear
interest at the applicable interest rate or rates on the Bonds.
(c) Regions Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent
for the Bonds.
7 Prepayment or Redemption. The Principal Installments of the Bonds held by VPSA
coming due on or before July 15, 2018, and the definitive Bonds for which the Bonds held by
VPSA may be exchanged that mature on or before July 15,2018, are not subject to prepayment or
redemption prior to their stated maturities. The Principal Installments of the Bonds held by VPSA
coming due after July 15,2018, and the definitive bonds for which the Bonds held by VPSA may be
exchanged that mature after July 15,2018, are subject to prepayment or redemption at the option of
the City prior to their stated maturities in whole or in part, on any date on or after July 15, 2018,
upon payment of the prepayment or redemption prices (expressed as percentages of Principal
Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus
accrued interest to the date set for prepayment or redemptfon:
Dates
Prices
July 15,2018 through July 14, 2019
July 15, 2019 through July 14, 2020
July 15,2020 and thereafter
101%
100 'l2
100
Provided, however, that the Bonds shall not be subject to prepayment or redemption prior
to their stated maturities as described above without first obtaining the written consent of VPSA or
the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by
the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less
than sixty (60) days before the date fIxed for prepayment or redemption.
8 Execution of the Bonds. The Mayor or Vice-Mayor and the Clerk or any Deputy Clerk
of the City are authorized and directed to execute and deliver the Bonds and to affix the seal of the
City thereto.
9 Plede:e of Full Faith and Credit. For the prompt payment of the principal of, premium,
if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the
City are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding
there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable
property in the City subject to local taxation sufficient in amount to provide for the payment of the
B-3
{# 1118594-1, 077826-00056-Q 1 }
principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any,
and interest shall become due, which tax shall be without limitation as to rate or amount and in
addition to all other taxes authorized to be levied in the City to the extent other funds of the City are
not lawfully available and appropriated for such purpose.
10 Use of Proceeds Certificate and Certificate as to Arbitrage. The Mayor, the City
Manager and such other officer or officers of the City as either may designate are hereby authorized
and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting
forth the expected use and investment of the proceeds of the Bonds and containing such covenants
as may be necessary in order to show compliance with the provisions of the Internal Revenue Code
of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross
income of interest on the Bonds and on the VPSA Bonds. The Council covenants on behalf of the
City that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as
set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the City
shall comply with the other covenants and representations contained therein and (ii) the City shall
comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will
remain excludable from gross income for Federal income tax purposes.
11 State Non-Arbitrage Program; Proceeds Agreement. The Council hereby
determines that it is in the best interests of the City to authorize and direct the City Treasurer to
participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, the City
Manager and such officer or officers of the City as either may designate are hereby authorized and
directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of
proceeds of the Bonds by and among the City, the other participants in the sale of the VPSA Bonds,
VPSA, the investment manager and the depository, substantially in the form submitted to the
Council at this meeting, which form is hereby approved. .
12 Continuing Disclosure Agreement. The Mayor, the City Manager and such other
officer or officers of the City as either may designate are hereby authorized and directed to execute a
Continuing Disclosure Agreement, as set forth in Appendix E to the Bond Sale Agreement, setting
forth the reports and notices to be filed by the City and containing such covenants as may be
necessary in order to. show compliance with the provisions of the Securities and Exchange
Commission Rule 15c2-12, under the Securities Exchange Act of 1934, as amended, and directed
to make all filings required by Section 3 of the Bond Sale Agreement should the City be
determined by VPSA to be a MOP (as defined in the Continuing Disclosure Agreement).
13 Filing of Resolution. The appropriate officers or agents of the City are hereby
authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court
of the City.
14 Further Actions. The members of the Council and all officers, employees and agents
of the City are hereby authorized to take such action as they or anyone of them may consider
necessary or desirable in connection with the issuance and sale of the Bonds and any such action
previously taken is hereby ratified and confirmed.
B-4
{# 1118594-1, 077826-00056-01 }
15 Effective Date. This Resolution shall take effect immediately.
* * *
The undersigned Clerk 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 City Council held on
. September 15,2008, and of the whole thereof so far as applicable to the matters referred to in such
extract. I hereby further certify that such meeting was a regularly scheduled meeting and that;
during the consideration of the foregoing resolution, a quorum was present and that the attendance
and voting of the members in attendance on the foregoing resolution were as follows:.
David A. Bowers, Mayor
Sherman P. Lea, Vice Mayor
Gwendolyn W. Mason
Alvin L. Nash
Anita J. Price
Court G. Rosen
David B. Trinkle
Present
X
X
X
X
X
X
X
Absent Aye
X
X
X
X
X
X
X
Nay Abstain
WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this16thiay of
September, 2008.
'fn,MIJ~
'! ~~ C
C:lerk, . .
City of Roanoke, ~irglnia
[SEAL]
B-5
{#1118594-1, 077826-O0056-O1}
EXHIBIT A
(FORM OF TEMPORARY BOND)
NO. TR-l
$
UNITED STATES OF AMERICA
COMMONWEALTHOF~RGmU
CITY OF ROANOKE
General Obligation School Bond
Series 2008B
The CITY OF ROANOKE, VIRGINIA (the "City"), for value received, hereby
acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL
AUTHORITY the principal amount of DOLLARS ($ ), in annual
installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2009 and
annually on July 15 thereafter to and including July 15, 20_ (each a "Principal Payment Date"),
together with interest from the date of this Bond on the unpaid installments, payable semi-annually
on January 15 and July 15 of each year, commencing on July 15, 2009 (each an "Interest Payment
Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set
forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter provided.
Both principal of and interest on this Bond are payable in lawful money of the United States of
America.
For as long as the Virginia Public School Authority is the registered owner of this Bond~
A-I
{#1118594-1, 077826-00056-O1}
Regions Bank, as bond registrar (the "Bond Registrar"), shall make all payments of principal,
premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the
Virginia Public School Authority, in immediately available funds at or before 11 :00 a.m. on the
applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date
fixed for prepayment or redemption is not a business day for banks in the Commonwealth of
Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or
interest on this Bond shall be made in immediately available funds at or before 11 :00 a.m. on the
business day next succeeding the scheduled Payment Date or date fixed for prepayment or
redemption. Upon receipt by the registered owner of this Bond of said payments of principal,
premium, if any, and interest, written acknowledgment of the receipt thereof shall be given
promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond
to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the
Bond Registrar for cancellation.
The full faith and credit of the City are irrevocably pledged for the payment of the principal
of and the premium, if any, and interest on this Bond. The resolution adopted by the City Council
authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code of Virginia 1950, as
amended, requires, that there shall be levied and collected an annual tax upon all taxable property in
the City subject to local taxation sufficient to provide for the payment of the principal, premium, if
any, and interest on this Bond as the same shall become due which tax shall be without limitation as
to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to the
extent other funds of the City are not lawfully available and appropriated for such purpose.
A-2
{# 1118594-1, 077826-00056-01 }
This Bond is duly authorized and issued in compliance with and pursuant to the Constitution
and laws of the Conunonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26,
Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the City Council
and the School Board of the City to provide funds for capital projects for school purposes.
This Bond may be exchanged without cost, on twenty (20) days written notice from the
Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for
one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully
registered form, in denominations of $5,000 and whole multiples thereof, and having an equal
aggregate principal amount, having principal installments or maturities and bearing interest at rates
corresponding to the maturities of and the interest rates on the installments of principal of this Bond
then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the
books of the City kept by the Bond Registrar, and the transfer of this Bond may be effected by the
registered owner of this Bond only upon due execution of an assignment by such registered owner.
Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange
this Bond for defmitive Bonds as hereinabove provided, such definitive Bonds to be registered on
such registration books in the name of the assignee or assignees named in such assignment.
The principal installments of this Bond coming due on or before July 15, 2018 and the
defmitive Bonds for which this Bond may be exchanged that mature on or before July 15,2018, are
not subject to prepayment or redemption prior to their stated maturities. The principal installments
of this Bond coming due after July 15,2018, and the definitive Bonds for which this Bond may be
exchanged that mature after July 15,2018, are subject to prepayment or redemption at the option of
A.3
{#11l8594-1, 077826-00056-O1}
.
the City prior to their stated maturities in whole or in part, on any date on or after July 15, 2018,
upon payment of the prepayment or redemption prices (expressed as percentages of principal
installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus
accrued interest to the date set for prepayment or redemption:
Dates
Prices
July 15,2018 throl1gh July 14,2019
July 15, 2019 through July 14, 2020
July 15,2020 and thereafter
101%
100~
100
Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to
their stated maturities as described above without the prior written consent of the registered owner
of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to
the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days
before the date fIxed for prepayment or redemption.
All acts, conditions and things required by the Constitution and laws of the Commonwealth
of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have hap-
pened, exist and have been performed in due time, form and manner as so required, and this Bond,
together with all other indebtedness of the City, is within every debt and other limit prescribed by
the Constitution and laws of the Commonwealth of Virginia
IN WITNESS WHEREOF, the City Council of the City of Roanoke, Virginia has caused
this Bond to be issued in the name of the City of Roanoke, Virginia, to be signed by its Mayor or
Vice-Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its
Deputy Clerks, and this Bond to be dated November 20,2008.
A-4
{#1118594-1, 077826-00056-O1}
(SEAL)
ATTEST:
Clerk,
City of
Roanoke, Virginia
City of
(#1l18594-1,077826-D0056-01}
CITY OF ROANOKE,
VIRGINIA
~ Mayor,
Roanoke, Virginia
A-5
ASSIGNMENT
FOR VALUE RECENED, the undersigned sells, assigns and transfers unto
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF
ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
the within Bond and irrevocably constitutes and appoints
attorney to exchange said Bond for
defmitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive
bonds on the books kept for registration thereof, with full power of substitution in the premises.
Date:
Signature Guaranteed:
Registered Owner
(NOTICE: The signature above
must correspond with the name
of the Registered Owner as it
appears on the front of this
Bond in every particular,
without alteration or change.)
(NOTICE: Signature(s) must be
guaranteed by an "eligible guarantor
institution" meeting the requirements
of the Bond Registrar which
requirements will include Membership or
participation in STAMP or such other "signature
guarantee program" as rnay be determined by
the Bond Registrar in addition to, or in substitution for,
STAMP, all in accordance with the Securities Exchange
Act of 1934, as amended.
A-6
{# 1118594-1, 077826-00056-01 }
SCHEDULE I
Roanoke City
Non-Subsidized Local School Bond
Fiscal
Principal Rate Interest Total . Total
7/1512009 $545,000 4.100% $314,239.06 $859,239.06 $0.00
1/15/2010 0 229,521.25 229,521.25 1,088,760.31
7/15/2010 545,000 4.100% 229,521.25 774,521.25 0.00
1/15/2011 0 218,348.75 218,348.75 992,8.70.00
7/15/2011 545,000 4.100% 218,348.75 763,348.75 0.00
1/15/2012 0 207,176.25 207,176.25 970,525.00
7/15/2012 545,000 4.100% 207,176.25 752,176.25 0.00
1/1512013 0 196,003.75 196,003.75 948,180.00
7/15/2013 545,000 4.100% 196,003.75 741,003.75 0.00
1/15/2014 0 184,831.25 184,831.25 925,835.00
7/15/2014 545,000 4.350% 184,831.25 729,831.25 0.00
1/15/2015 0 172,977.50 172,977.50 902,808.75
7/15/2015 545,000 4.350% 172,977.50 717,977.50 0;00
1/15/2016 0 161,123.75 161,123.75 879,101.25
7/15/2016 545,000 4:.350% 161,123.75 706,123.75 0.00
1/15/2017 0 149,270.00 149,270.00 855,393.75
7/15/2017 545,000 4.600% 149,270.00 694,270.00 0.00
1/15/2018 0 136,735.00 136,735.00 831,005.00
7/15/2018 545,000 4.600% 136,735.00 681,735.00 0.00
1/15/2019 0 124,200.00 124,200.00 805,935.00
7/15/2019 540,000 4.600% 124,200.00 664,200.00 0.00
1/1512020 0 111,780.00 111,780.00 775,980.00
7/15/2020 540,000 4.600% 111,780.00 651,780.00 0.00
1/15/2021 0 99,360.00 99,360.00 751,140.00
7/15/2021 540,000 4.600% 99,360.00 639,360.00 0.00
1/15/2022 0 86,940.00 86,940.00 726,300.00
7/15/2022 540,000 4.600% 86,940.00 626,940.00 0.00
1/1512023 0 74,520.00 74,520.00 701,460.00
7/15/2023 540,000 4.600% 74,520.00 614,520.00 0.00
1/1512024 0 62,100.00 62.,100.00 676,620.00
7/15/2024 540,000 4.600% 62,100.00 602,100.00 0.00
1/15/2025 0 49,680.00 49,680.00 651,780.00
7/15/2025 540,000 4.600% 49,680.00 589,680.00 0.00
1/15/2026 0 37,260.00 37,260.00 626,940.00
7/15/2026 540,000 4.600% 37,260.00 577,260.00 0.00
1/15/2027 0 24,840.00 24,840.00 602,100.00
7/15/2027 540,000 4.600% 24,840.00 564,840.00 0.00
1/15/2028 0 12,420.00 12,420.00 577,260.00
7/15/2028 540,000 4.600% 12,420.00 552,420.00 0.00
1/15/2029 0.00 0.00 552,420.00
7/15/2029 0.00 0.00 0.00
1/15/2030 0.00 0.00 0.00
7/15/2030 0.00 0.00 0.00
1/15/2031 0.00 0.00 0.00
7/15/2031 0.00 0.00 0.00
1/1512032 0.00 0.00 0.00
7/15/2032 0.00 0.00 0.00
1/15/2033 0.00 0.00 0.00
7/15/2033 0.00 0.00 0.00
1/15/2034 0.00 0.00 0.00
Debt Total $10,850,000.00 $4,992,414.06 $15,842,414.06 $15,842,414.06
EXHIBIT B
The proceeds of the Bonds will be used to finance (i) the construction of certain capital
improvements and the acquisition and installation of certain capital equipment for William
Fleming High School, and (ii) roof replacements at Hurt Park Elementary School, Fairview
Elementary School and Forest Park Academy (collectively, the "Project"), provided that any
proceeds not needed for the Project may be expended on any other capital improvement for school
purposes within the 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
September 15, 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:
Public Hearing on Issuance of VPSA Interest Rate Subsidy
Bonds and Adoption of Resolutions Authorizing Issuance of Bonds
Included in the FY09-1 3 Capital Improvement Program (C1P) is issuance of long
term debt totaling $56.25 million in support of the $57 million replacement of
the William Fleming High School. At this time, all bonds have been issued in
support of this project with the exception of $15.85 million planned to be
issued in the current fiscal year. Total project funding is provided in equal
amounts by the City of Roanoke and Roanoke City Public Schools.
Also included in the C1P is funding in the amount of $2.5 million for repairs to
School roofs. Roofs at Forest Park Academy, Fairview Elementary, and Hurt Park
Elementary are targeted for repairs/replacement through the use of these
fu n d s .
Financing to be secured for William Fleming includes funding of $7.5 million
from the 2008 Interest Rate Subsidy Program Bond Sale as well as funding of
$8.35 million from non-subsidy VPSA Bonds. Virginia Public School Authority
(VPSA) funding is a beneficial source of funding for school projects, and a bond
sale takes place later this fall in which the City may participate. City Council
i 1..; T:{';.< ~ :-.: w' . ~ .
.,
; , :.'
Honorable Mayor and Members of Council
September 15,2008
Page 2
authorization is in place for most of the elements of the City's participation in
the bond sale, except as outlined in this report.
The proceeds of $7.5 million from the Interest Rate Subsidy program will be
used in lieu of the Literary Fund loan approved in 2007 by the Board, Council
and the State Board of Education for the William Fleming 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 previously approved Literary Fund, therefore approval by
City Council is essentially a formality.
To comply with the Public Finance Act, the use of VPSA bonds in lieu of a
Literary Loan requires a public hearing. Advertising has properly been made in
advance of this public hearing.
Following the public hearing, City Council may adopt resolutions in support of
both the subsidy and non-subsidy components of the Series 2008 VPSA bonds.
A letter to City Council from the City's VPSA bond counsel is attached to this
report which further details these transactions.
Recommendations:
Hold a public hearing on the issuance of $7.5 million in VPSA subsidy bonds,
Adopt a resolution authorizing issuance of $7.5 million in Interest Rate Subsidy
Program Bonds - Virginia Public School Authority (VPSA) School Financing Bonds
- Series 2008 A. .
Adopt a resolution authorizing issuance of $10.85 million in Virginia Public
School Authority (VPSA) School Bonds - Series 2008 B.
~-
Ann H. Shawver
Director of Finance
Attachment
Honorable Mayor and Members of Council
September 15,2008
Page 3
c: Darlene L. Burcham, City Manager
Wi II iam M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Sherman M. Stovall, Director of Management and Budget
Rita D. Bishop, Superintendent, Roanoke City Public Schools
Curtis D. Baker, Deputy Superintendent, Roanoke City Public Schools
George j. A. Clemo, Esquire, Woods Rogers PLC
john j. Conrad, BB&T Capital Markets
WOODS ROGERS ~
ATTORNEYS AT LAW
GEORGEJ. A. CLEMO
540 983-7728
clemo@woodsrogers.com
September 8, 2008
City Council
City of Roanoke, Virginia
Roanoke, Virginia
Re: Resolutions Authorizing the Issuance of(i) Not to Exceed $7,500,000 General
Obligation School Bo~ds of the City of Roanoke, Virginia, Series 2006A, and (ii)
Not to Exceed $10,850,000 General Obligation School Bonds of the City of
Roanoke, Virginia, Series 2006B
Ladies and Gentlemen:
Our firm serves as bond counsel to the City and Roanoke City Schools in connection with
certain school bond financings. The following will provide background information about the
two above-referenced school bond financings:
Not to Exceed $7.500.000 General Oblie:ation School Bonds of the Citv of Roanoke.
Vire:inia. Series 2006A. On August 21, 2006, Council adopted Resolution No. 37510-082106,
approving an,application by Roanoke City Schools to the Commonwealth of Virginia Board of
Education for a loan of $7,500,000 from the Literary Fund, to finance a part of the cost of
constructing and equipping William Fleming High School (the "Fleming Literary Fund Loan").
The Board of Education approved the application for the Fleming Literary Fund Loan and placed
it on the Literary Fund waiting list on October 18, 2007
Because the Literary Fund does not have sufficient monies at this time to fund the
Fleming Literary Fund Loan, this loan has not been consummated. In order to obtain in a timely
manner the financing represented by the Fleming Literary Fund Loan, Roanoke City Schools
filed an application to the Virginia Public School Authority (VPSA) on August 18, 2008, for
interest rate subsidy bond financing of up to $7,500,000 for capital improvements at William
Fleming High School (the "Fleming VPSA Subsidy Bonds"). The Fleming VPSA Subsidy
Bonds will be issued instead of the Fleming Literary Fund Loan.
The VPSA's interest rate subsidy bond program is structured so that the net interest cost
to the City and the principal installments for the Fleming VPSA Susidy Bonds will be essentially
the same as for the Fleming Literary Fund Loan. A public hearing on the proposed issuance of
the Fleming VPSA Subsidy Bonds is necessary to satisfy the requirement of the Public Finance .
Act.
{#1119788-1 07782600056011;'.0. Box 14125 1 Roanoke, Virgini.a240384125
, - - J 10 South Jefferson Street, SUIte 1400
540 983-7600 1 Fax 540 983-77111 mail@woodsrogers.com
Offices also in Blacksburg. Danville, Lynchburg and Richmond, Virginia
City Council
Page 2
Not to Exceed $10.850.000 General Oblieation School Bonds of the City of Roanoke.
Vireinia. Series 2006B. After publication of notice and the holding of a public hearing on May
21,2007, as required by the Public Finance Act, Council adopted Resolution No. 37787-052107,
authorizing the issuance of $48,750,000 of general obligation bonds of the City, $8,350,000 of
which bonds were intended to be used to fund a portion of the cost of constructing and equipping
William Fleming High School (such $8,350,000 of bonds, the "Fleming GO Bonds").
Furthermore, after publication of notice and the holding of a public hearing on August 18, 2008,
as required by the Public Finance Act, Council adopted Resolution No. 38205-081808,
authorizing the issuance of$8,210,000 of general obligation bonds of the City, $2,500,000 of
which bonds were intended to be used to fund a portion of the cost of roof replacements at Hurt
Park Elementary School, Fairview Elementary School and Forest Park Academy (such
$2,500,000 of bonds, the "School Roof Replacement GO Bonds").
Neither the Fleming GO Bonds nor the School Roof Replacement GO Bonds have been
issued. The City administration has filed an application to the Virginia Public School Authority
(VPSA) for non-subsidy bond fmancing of up to $10,850,000 to replace the previously
authorized but unissued Fleming GO Bonds and School Roof Replacement GO Bonds. Because
a public hearing was previously held for the proposed issuance of the Fleming GO Bonds and the
School Roof Replacement GO Bonds, no new public hearing is needed for the proposed
$10,850,000 VPSA non-subsidy bonds.
Accordingly, I attach for your consideration final bond resolutions authorizing the
issuance of (i) not to exceed $7,500,000 General Obligation School Bonds, Series 2006A ,and
(ii) not to exceed $10,850,000 General Obligation School Bonds, Series 2006B. Each resolution
approves the details of the bonds to which it relates, including an estimated debt service schedule
and related docwnents, and authorizes and directs the Mayor or the Vice Mayor and the Clerk or
any Deputy Clerk of the City to execute and deliver the bonds to the Virginia Public School
Authority. Following adoption of the resolution, the financing is expected to be finalized and
proceeds will be available to the City on or around November 20, 2008,
cc: William Hackworth, City Attorney, City of Roanoke
Timothy Spencer, Assistant City Attorney, City of Roanoke
Curtis Baker, Jr., Assistant Superintendent for Operations, Roanoke City Schools
{#1119788-1,077826-00056-01}
City Council
Page 3
Ann Shawver, Director of Finance, City of Roanoke
{# 1119788-1, 077826-00056-01 }
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
-.c. . The'.. .Roa.noke Times
, .. " ' . ~ ,i . ;1'. ~ . I
-------------------------------_:-----------------+------------------------
WOODS ROGERS
SUITE 1400
10 S JEFFERSON ST
ROANOKE VA 24011
REFERENCE: 80030690
11050744
PUBLISHED ON:
08/22 08/29
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I -NOnCE OF PUBLIC
HEARING ON
PROPOSED BOND
I FINANCING BY THE
.cl1Y OF. ROANOKE,
\, , VIRGINIA ;
Notice is hereby given that i
Ithe Council of the City of
IRoanoke; Virginia (the
, . "Council") will hold a public
hearing, which may be
'contlnued o'r aojourned(as
required. under applicable
law,al' 7:00 P.M. on
Septernbef15; 2008, arthe
M~nlclpal Building, 215
Church, Avenue, S.W.,
Ro.an.oke, Virginia, in
connection with the intention
of the Council to consider
approving the issuance by
the City of its general
obligation bond or.bonds in
an amount estimated not to
exceed $7,500,000 for the
purpose-of financing certain
capital ,improvements for
William Fleming High School
in the City of Roanoke, (the
foregoing bonds, the
IIIBon,,~,s.,~).t;'".A.(Iy citizen
I interested In the issuance of
,the Bonds may appear and
I be .heard. If you are a
person with a disabjllty who
needs accommodations for
this hearing, please contact
the City Clerk's Office
(8,53,. '.~541), before 12:00 I
n 00 n on T hu r s day,
September 11, 2008.
Given under my hand this
20th day of August, 2008. .
Stephanie M. Moon, CMC, :
City Clerk'
I " Roanoke,Virginia I
II (11050744)
Notice of Public Hea
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~'~ ~~ia. Sworn and subscribed before me this
_ _~_day of Sep 2008. Witness my hand and
o:7cal seal. ~
~i~ 9<l_
Mr co~1~sio
TOTAL COST:
FILED ON:
336.00
08/29/08
Authorized
Signature:
'iling Services Representative
'J~~
NOTICE OF PUBLIC HEARING ON
PROPOSED BOND FINANCING BY THE CITY OF ROANOKE, VIRGINIA
Notice is hereby given that the Council of the City of Roanoke, Virginia (the "Council")
will hold a public hearing, which may be continued or adjourned, as required under applicable
law, at 7:00 P.M. on September 15,2008, at the Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia, in connection with the intention of the Council to consider approving the
issuance by the City of its general obligation bond or bonds in an amount estimated not to exceed
$7,500,000 for the purpose of financing certain capital improvements for William Fleming High
School in the City of Roanoke, (the foregoing bonds, the "Bonds"). Any citizen interested in the
issuance of the Bonds may appear and be heard. If you are a person with a disability who needs
accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00
noon on Thursday, September 11,2008.
Given under my hand this 20th day of August, 2008.
Stephanie M. Moon, CMC, City Clerk
Roanoke, Virginia
,'., 1.-."
. J I'" ~
{#1116241-1, 077826-00056-01}
Notice to Publisher:
Publish in the Roanoke Times once a week for two successive weeks on Friday, August 22, 2008
and Friday, August 29, 2008. Please send me the bill and an affidavit of publication to the address set
out below as soon as you can after the second publication.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send bill and affidavit to:
George J.A. Clemo
P.O. Box 14125
Roanoke, Virginia 24038
clemo@woodsrogers.com
(540) 983-7600/ Fax (540) 983-7711
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
September 16, 2008
CECELlA R. TYREE
. Assistant Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copies of Ordinance No. 38241-091508 authorizing the City
Manager to execute the necessary documents providing for the conveyance of
City-owned property designated as Official Tax Map No. 3012827 located at
120 Commonwealth Avenue, N. E., to the Anstey Hodge Advertising Group,
Incorporated, for the consideration of $41,800.00, 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, September 15, 2008, and is in
fu" force and effect upon its passage.
Sincerely,
m. ~IM.J
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Attachment
pc: The Honorable Brenda S. Hamilton; Clerk of Circuit Court
The Honorable Evelyn W. Powers, City Treasurer
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
Susan S. Lower, Director, Real Estate Valuation
OJ0
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of September; 2008.
No. 38241-091508.
AN ORDINANCE authorizing the City Manager to execute the necessary documents
providing for the conveyance of City owned property designated as Tax Map No. 3012827,
located at 120 Commonwealth Avenue, NE, Roanoke; and dispensing with the second reading of
this ordinance.
WHEREAS, a public hearing was held September 15, 2008, pursuant to SSI5.2-1800(B)
and 15.2-1813, Code of Virginia (1950) as amended, at which hearing all parties in interest and
citizens were afforded an opportunity to be heard on such conveyance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized, for and on behalf of
the City, to execute and attest, respectively, the necessary documents providing for the
conveyance to Anstey Hodge Advertising Group, Incorporated, of a parcel of City owned
property, being Tax Map No. 3012827, located at 120 Commonwealth Avenue, NE, Roanoke,
for the consideration of $41,800, upon the terms and conditions set forth in the City Manager's
letter to this Council dated September 15, 2008.
2. All documents necessary for this conveyance shall be in form approved by the
City Attorney.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST,:
\
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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
September 15, 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:
Sale of City-Owned
Property Located at 120
Commonwealth Ave., NE
Background:
Anstey Hodge Advertising Group, Inc., a downtown advertising agency
founded in 2003, is looking for a new location. The company has offered to
purchase a City-owned parcel located at 120 Commonwealth Ave., NE (Tax
Map Number 3012827) for $41,800, the current assessed value. The existing
vacant building would be rehabilitated to house employee offices and a
conference room. A subsequent rezoning process would be required in order
to facilitate the planned rehabilitation by the offeror.
Recommended Action:
Absent comments at the public hearing requiring further consideration,
authorize the City Manager to execute such documents and take such action
as may be necessary to accomplish the above matter, including execution of a
deed of sale, to complete the sale of the property to Anstey Hodge
Advertising Group, Inc. All such documents are to be approved as to form by
the City Attorney.
Respectfully submitted,
Darlene L. Burcham
City Manager
Honorable Mayor and Members of City Council
September 15, 2008
Page 2
DLB:LSB
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
CM08-00 149
~ . . ,"." ," /:.
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
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OFFICE OF ECONOMIC
117 CHRUCH AVE
ROANOKE VA 24011
DEVELOPMENT
REFERENCE:
80084300
11070628
N-Anstey Hodge Adver
State of Virginia
City of Roanoke
I, (the undersigned) an authori zed representa ti ve
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
__~~~_day of Sep 2008. Witness my hand and
official seal.
_.n~~~ _ Notary Public
My commission €JPi~__lO~~~JJ__.
PUBLISHED ON:
09/05
TOTAL COST:
FILED ON:
165.00
09/05/08
Authorized~. ~
Signature '(-wPAfY--
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NOTICE OF PUBLIC
HEARING
The City of Roanoke
proposes to convey certain
City-owned property to
Anstey Hodge Advertising
Group, designated as
Roanoke City Tax Map No.
3012827, which is located
at 120 Commonwealth
Avenue. .
Pursuant to the
r e qui rem e' n t s .0 f
~~i5.2-1800(8) 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
Monday, .September 15, . :
2008, commencing at 7:0.0.
p.m., in the Council
Chambers, 4th Floor, Noel C.
Taylor Municipal Building,
215 Church Avenue, S.w.,
Roanoke, Virginia, 24011.
Further information is
available from the Office of
the City Clerk foHhe City of
Roanoke ~t (540) 81;3-2541:.
Citizens shall have the
, opportunity t? behe.ard and
. express thell 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, befo~e 12:00
'n 0 0 non T h u r s day,
September 11, 2008. .
GIVEN under my hand this
3rd day of September, 2008.
Stephanie M. Moon, CMC
City Clerk
I (11070628)
i
I
Billing Services Representative
, ! ~ . -. . ,
," _1_
~
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to convey certain City-owned property to Anstey Hodge
Advertising Group, designated as Roanoke City Tax Map No. 3012827, which is located at 120
Commonwealth Avenue.
Pursuant to the requirements of SS15.2-1800(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 Monday, September 15, 2008,
commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building,
215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the
Office of the City Clerk for the City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
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 Thursday, September 11,
2008.
GIVEN under my hand this~day of September
,2008.
Stephanie M. Moon., CMC
City Clerk
C ',.! .. .~:.;~ .:t i . iI,
,., !
. , .
Notice to Publisher:
Publish once in the Roanoke Times on Friday, September 5,2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send Bill to:
Brian Brown
Economic Development Administrator
117 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2715
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
September 16, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38242-091508 authorizing the proper
City officials to execute a deed conveying to Southeast STB Portfolio, LLC,
certain City owned property located between the Suntrust Building and jefferson
Street right-of-way, and identified as Official Tax Map No. 4015001, upon
certain terms and conditions; and authorizing the City Manager to execute such
fu rther docu ments and take such fu rther action as may be necessary to
accomplish the above matters.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, September 15, 2008, and is in
fu II force and effect upon its passage.
. m. iYt.~
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Attachment
Darlene L. Burcham
September 16, 2008
Page 2
pc: The Honorable Brenda S. Hamilton, Clerk of Circuit Court
The Honorable Evelyn W. Powers, City Treasurer
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Steven C. Buschor, Director, Parks and Recreation
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
Susan S. Lower, Director, Real Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of September,' 2008.
No. 38242-091508.
AN ORDINANCE authorizing the proper City officials to execute a deed conveying to
Southeast STB Portfolio, LLC, certain City owned property located between the Suntrust
Building and Jefferson Street right-of-way, and identified as Tax Map No. 4015001, upon certain
terms and conditions; authorizing the City Manager to execute such further documents and take
such further action as may be necessary to accomplish the above matters; and dispensing with
the second reading by title of this Ordinance.
WHEREAS, the Council for the City of Roanoke, after proper advertisement, held a
public hearing on the above matter on September 15, 2008, pursuant to Sections 15.2-1800 and
15.2-1813, of the Code of Virginia (1950), as amended, at which hearing all parties and citizens
were afforded an opportunity to be heard on the above matters.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are authorized on behalf of the City to
execute and attest, respectively, a deed conveying to Southeast STB Portfolio, LLC, certain City
owned property located between the Suntrust Building and Jefferson Street right-of-way, and
identified as Tax Map No. 4015001, upon certain terms and conditions as set forth in the City
Manager's letter to this Council dated September 15, 2008.
2. The City Manager is further authorized to execute such further documents, and
take such further action as may be necessary to accomplish the above matters and complete the
sale of the above-mentioned property to Southeast STB Portfolio, LLC, with the form of such
documents to be approved by the City Attorney.
K:\Measures\Southeast STB Portfolio sale of suntrust pla.z.~.doc
1
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
ATTEST:
City C1e~k.
fn.~
K:\Measures\Southeast STB Portfolio sale of suntrust plaza.doc
2
. CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
September 15,2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anitaj. Price, Council Member
Honorable Courtney G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Sale of City-Owned Property:
Tax Map No. 4015001
Background:
Southeast STB Portfolio, LLC, is the owner of the Suntrust Building located at
510 jefferson Street, S.E.. The company has offered to purchase an adjacent
City-owned parcel (Tax Map Number 4015001 as illustrated on the attached
map) which is the plaza area located between the Suntrust Building and the
jefferson Street right-of-way. Southeast STB Portfolio, LLC has proposed to
purchase the plaza for the consideration of $100.00 along with accepting a
restrictive covenant in the deed of conveyance that would require the use of the
property as an open plaza. The City currently expends approximately $6,400
annually in maintenance on this plaza.
Considerations:
Sale of this property would relieve the City of continued maintenance costs of
the plaza area, return the property to the real estate tax rolls, and would, by
means of the deed of conveyance, require the property to remain as an open
plaza, unless the City of Roanoke agreed in writing at some time in the future
for the use to be changed. The City conveyed an open plaza adjacent to the
Anthem Building immediately south of this site (Tax Map No. 4016002) in the
same manner and by the same terms in 2001.
Honorable Mayor and Members of City Council
September 15,2008
Pag e 2
Recommended Action:
Authorize the City Manager to execute a deed, substantially in form to the one
attached to this report, and any other appropriate documents approved as to
form by the City Attorney necessary to transfer tax parcel 4015001 to
Southeast STB Portfolio, LLC.
Respectfully submitted,
Darlene L. Bu rc
City Manager
DLB:c1t
Attachments
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
Steven C. Buschor, Director, Parks and Recreation
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
CM08-00152
Exemption claimed: This instrument is exempted from recordation taxes and fees
pursuant to S58.1-811C(4), Code of Virginia.
This document was prepared by the Office of the City Attorney
and affects Official Tax No. 4015001
THIS DEED made and entered into this _ day of
, 2008, by and between
the CITY OF ROANOKE, VIRGINIA, a municipal corporation, organized and existing under the
laws ofthe Commonwealth of Virginia, Grantor; and SOUTHEAST STB PORTFOLIO, LLC, a
limited liability company, Grantee, whose address is 112 S. Tyron Street, Suite 1700, Charlotte,
North Carolina 28284,
WIT N E SSE T H:
WHEREAS, the City Council ofthe City of Roanoke has authorized conveyance to Grantee
of OfficiaJ Tax No. 4015001 pursuant to Ordinance No.
, adopted the
,2008.
WHEREAS, Grantee has agreed that it and its successors and assigns shall continue to use
and maintain the parcels as a plaza or open area, unless the City of Roanoke agrees in writing
otherwise;
THEREFORE, FOR AND IN CONSIDERATION of the sum of ONE
HUNDRED DOLLARS ($100.00), cash in hand, the receipt whereof is hereby acknowledged, and
the Grantee's maintenance and use of the parcel in perpetuity as a plaza or open space, unless the
Grantor otherwise agrees in writing, the Grantor does hereby grant, bargain, sell and convey with
Special Warranty unto the Grantee, that certain parcel of land, referred to hereinafter as the
"Property", lying and being in the City of Roanoke, Virginia, and being more particularly described
as follows, to-wit:
BEGINNING at a PK nail found at point #1 on the northerly right-of-way line of
Franklin Road, SE (70 feet wide), thence with the same S. 86001 '39" W. 19.94 feet
to a chiseled cross set in concrete at #2; thence with a curve to the right having a
radius of25.00 feet, an arc length of 41.91 feet, and a chord bearing and distance of
N. 450 57'09" W. 37.17 feet to a chiseled cross set in concrete at #3 on the easterly
right-of-way line of Jefferson Street, SE; thence with the same N. 02004'03" E..
116.59 feet to a chiseled cross set in concrete at #4 at the southeast intersection of
Jefferson Street, SE and Luck Avenue, SE; thence leaving Jefferson Street and
running with the southerly right-of-way line of Luck Avenue S. 870 55' 14" E. 111.84
feet to a chiseled cross set in concrete at #5; thence leaving Luck Avenue S. 470 04'
00 W. 91.06 feet to a point at #6; thence S. 020 04'00" W. 74.94 feet to the point of
BEGINNING, being Area B, containing 0.1982 acre, as shown on "Revised Map of
Downtown East Renewal Proj ect" dated December 5, 1975 and recorded in the City
.0fRoanoke, Virginia Circuit Court Clerk's Office in Map Book 1, Page 234, and
being more particularly shown on "Plat of Partial Survey and Lot Combination Made
For City of Roanoke, A Municipal Corporation and Southeast STB Portfolio, LLC"
by ACS Design, dated June 3, 2008 and recorded contemporaneously herewith.
BEING the same property conveyed to the City of Roanoke, a municipal corporation
organized and existing under the laws of Virginia, by deed dated December 13, 1978,
from the City of Roanoke Redevelopment and Housing Authority, a political
subdivision of the Commonwealth of Virginia, of record in the aforesaid Clerk's
Office, in Deed Book 1436, Page 669.
Should the Grantee fail to use and maintain satisfactorily to the Grantor the Property as a
plaza or open area, Grantor may give notice, in writing, to Grantee of such failure. Should Grantee
not remedy such failure within thirty (30) days of Grantee's receipt of such notice, Grantor, its
officers, agents, or employees may enter upon the Property, remedy such failure, and place a lien on
the Property for its reasonable expenses incurred in so doing.
This conveyance is made subj ect to all easements, conditions, restrictions and reservations of
record now affecting said property.
2
WITNESS the following signature and seal:
CITY OF ROANOKE, VIRGINIA
ATTEST:
By:
Darlene L. Burcham, City Manager
(SEAL)
Stephanie M. Moon, City Clerk
COMMONWEALTH OF VIRGINIA )
of ) To-Wit:
The foregoing instrument was acknowledged before me the this
day of
, 2008, by Darlene L. Burcham, City Manager ofthe City of Roanoke, Virginia,
on behalf of said municipal corporation.
My commission expires:
Notary
Reg.#
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO EXECUTION:
City Attorney
3
Suntrust Plaza Property Disposition
The Roanoke Times
Roanoke, Virginia
Affidavit of publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
OFFICE OF ECONOMIC
117 CHRUCH AVE
ROANOKE VA 24011
REFERENCE:
80084300
11071642
State of Virginia
City of Roanoke
DEVELOPMENT
N-Southeast STB Port
I, (the undersigned) an authori zed representat i ve
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newsp~pers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
_J:i~_day of Sep 2008. Witness my hand and
official seal.
PUBLISHED ON:
09/05
TOTAL COST:
FILED ON:
168.00
09/05/08
O\JeY ~
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Authorized ~, ~
Signature'_;f~__
tary Public
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r----------
\ NOTICE OF PUBLIC
. , HEARING .
\ The City of Roan'olle
! proposes to convey certain'" ;,.
City-owned property to
Southeast STB Portfolio, LLC, .
'designated as Roanoke City
Tax. Map No. 4015001,
which is the plaza area
.'ocated between the
Suntrust Building and the
Jefferson Street right-of-way.
Pursuant to the
requirements of
9915.2-1800(B) and 1813,
Code of Virginia (1950), as
amended, notice is hereby
given that the City Council of
the City of Roanoke will hold
a public hearing on the
above matter at its regular
meeting to be held .on
Monday, September 15,
2008, commencing at 7:00
, p.m., in the Council
: Chambers, 4th Floor, Noel C.
Taylor Municipal Building,
215 Church Avenue, S,W.,.
'Roanoke, Virginia, .24011. .
Further information is .
available from the Office of
the City Clerk for the City of
Roanoke at (540) 853-2541.
Citizens shall have the
opportunity to be heard,and'
express their opinions on
said matter.
If you are a person with a
disability who needs
accommodations forth is
hearing, please contacHhe
City Clerk's Office. a~ (540)
853-2541, .before12:00
n 00 non T-h u r 5 day,
September 11, 2008;
GIVEN under my hand this
3rd day of September, 2008.
Stepha~le M. Moon
- City Clerk
(11071642) .
ing Services Representative
\J~~
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to convey certain City-owned property to Southeast STB
'.. .,Portfolio, LLC, designated as Roanoke City Tax Map No. 4015001, which is the plaza area located
between the Suntrust Building and the Jefferson Street right-of-way.
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 ofthe Cityof Roanoke will hold a public
hearing on the above matter at its regular meeting to be held on Monday, September 15, 2008,
commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building,
215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the
Office ofthe City Clerk for the City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, September 11,
2008.
GWEN under my hand this~day of September
,2008.
Stephanie M. Moon
City Clerk
f.'l .
.'J_
1 c.
'. ,
, -
".;-
Notice to Publisher:
Publish once in the Roanoke Times on Friday, September 5,2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send Bill to:
Brian Brown
Economic Development Administrator
117 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2715
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
R. Michael Amyx
Executive Director
Virginia Municipal League
P. O. Box 12164
Richmond, Virginia 23241 .
Dear Mr. Amyx:
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
September 16, 2008
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, September 15, 2008, Council Member Court G. Rosen was appointed
to the VML Environmental Quality Policy Committee to replace Council Member
Gwen W. Mason.
SMM:ew
Attachment
Sincerely,
m.~~
Stephanie M. Moon, CMC
City Clerk
pc: The Honorable Gwen W. Mason, Council Member
The Honorable Court G. Rosen, Council Member
..
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
SHElLA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
September 19, 2008
CECELIA R. TYREE
Assistant Deputy City Clerk
Ms. Kae N. Bolling
2341 Woodcliff Road, S. E.
Roanoke, Virginia 24018
Dear Ms. Bolling:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, September 15, 2008, you were appointed for a 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. '
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,
t&~.~m,~~
Stephanie M. Moon, CMC
City Clerk
S M M: ew
pc: Steven Higgs, Chair, Mill Mountain Advisory Committee, 9 Franklin
Road, S. W., Roanoke, Virginia 24011, w/attachment
Steven C. Buschor, Director, Parks and Recreation
Nicole Ashby, Secretary, Mill Mountain Advisory Committee, w/attachment
joyce S. johnson, Assistant to the Mayor .
COMMONWEALTH OF VIRGINIA)
) To-wit:
CITY OF ROANOKE
)
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular
meeting of Council which was held on the fifteenth day of September 2008,
KAE N. BOLLING was appointed as a member of the Mill Mountain Advisory
Committee for a term ending june 30, 2009.
Given under my hand and the Seal of the City of Roanoke this nineteenth
day of September 2008.
~n,.~
City Clerk
....
."
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov
City Clerk
SHEILAN. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
September 19, 2008
Mark E. Petersen
john W. Robinson
Christopher M. Walters
Gentlemen:
At the regular meeting of the Council of the City of Roanoke held on Monday,
September 1 5, 2008, Kae Bolling was appointed as the additional member to
serve on the Mill Mountain Advisory Board for a term ending june 30, 2008.
Although you were selected for this appointment, the Council would like for you
to give consideration to reapplying for one of the fou r vacancies for a three year
term of office on the Board in june 2009.
For your information, Council will seek applications for the vacancies sometime
during the month of April 2009 through publication in the local newspaper, and
will review the applications in May for appointment in june.
If you should have questions, please feel free to contact the City Clerk's Office.
Sincerely,
~"':f./in. ~
Stephanie M. Moon, CMC
City Clerk
SM M: ew
K:\oath and leaving service\Mill Mountain Advisory Committee\2008\Unsuccessful
Candidates.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
September 19, 2008
Mr. Raheem L. Muhammad
2440 Meadowbrook Road, N. W.
Roanoke, Virginia 24017
Dear Mr. Muhammad:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, September 15, 2008, you were appointed as a member of the Youth
Services Citizen Board, for a term ending May 31, 2011.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your appointment and
each member is required, "to read and become familiar with provisions of the
Act."
Mr. Raheem. L. Muhammad
September 19, 2008
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve as a member of the Youth Services
Citizen Board.
Sincerely,
^~m.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosures
pc: Marion A. Vaughn-Howard, Superintendent, Youth Services Division, Parks
and Recreation Department, 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,
Raheem L. Muhammad was appointed as a member of the Youth Services
Citizen Board, for a term ending May 31, 2011.
Given under my hand and the Seal of the City of Roanoke this nineteenth
day of September 2008.
~ In ht.~
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
STEPHANIE M. MOON, CMC E-mail: clerk@roanokeva.gov
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
September 19, 2008
Mr. Michael D. Wray
1 712 Malvern Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Wray:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, September 15, 2008, you were appointed as a member of the Youth
Services Citizen Board, for a term ending May 31, 2011.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your appointment and
each member is required "to read and become familiar with provisions of the
Act."
Mr. Michael D. Wray
September 19, 2008
Page 2
On behalf of the. Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve as a member of the Youth Services
Citizen Board.
Sincerely,
~tn.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosu res
pc: Marion A. Vaughn-Howard, Superintendent, Youth Services Division, Parks
and Recreation Department, 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,
Michael D. Wray was appointed as a member of the Youth Services Citizen
Board, for a term ending May 31, 2011.
Given under my hand and the Seal of the City of Roanoke this nineteenth
day of September 2008.
~~.~
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN,CMC
Deputy City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
September 19, 2008
Ms. Rhonda A. Chewning
3525 Grandin Road, S. W.
Roanoke, Virginia 24015
Dear Ms. Chewning:
At a regular meeting of the Council of the City of Roanoke held on Monday,
September 1 5, 2008, you were appointed as a member of the Fair Housing Board
for a term ending March 31, 2010.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which must be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
After the Oath has been administered, please return one copy to Room 456 in
the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires that
you be provided with a copy within two weeks of your appointment and each
appointee is requ ired "to read and become familiar with provisions of the Act."
Ms. Rhonda A. Chewning
September 19, 2008
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve the City of Roanoke as a member of
the Fair Housing Board.
Sincerely,
A~h7, ~"""-
Stephanie M. Moon, CMC
City Clerk
S M M: ew
Enclosures
pc: Christy L. Cooper, Chair, Fair Housing Board, 3731 Cove Road N. W.,
Roanoke, Virginia 24017, wi attachment
Angie Williamson, Secretary, Fair Housing Board, wlattachment
joyce S. johnson, Assistant to the Mayor
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular
meeting of Council which was held on the fifteenth day of September 2008,
RHONDA A. CHEWNING was appointed as a member of the Fair Housing Board
for a term ending March 31, 2010.
Given under my hand and the Seal of the City of Roanoke this nineteenth
day of September 2008.
fI1,~
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
Deputy City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
. September 19, 2008
Mr. Thomas W. Ruff
131 Wildhurst Avenue, N. E.
Roanoke, Virginia 24012
Dear Mr. Ruff:
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
Towing Advisory Board, for a term of three years ending October 31,2011.
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 appointee is required "to read and become familiar with provisions of the
Act."
Mr. Thomas W. Ruff
September 19, 2008
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service to the City of
Roanoke as a member of the Towing Advisory Board.
Sincerely,
~m.~
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Enclosu res
pc: Timothy Spencer, Assistant City Attorney
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
THOMAS W. RUFF was reappointed as a member of the Towing Advisory Board,
for a term of three years ending October 31,2011.
Given under my hand and the Seal of the City of Roanoke this nineteenth
day of September 2008.
J:s~rn.tnc~
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHED-A N. HARTMAN
Deputy City Clerk
CECELlA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
September 19, 2008
Officer Stan Smith
Police Department
Roanoke, Virginia
Dear Officer Smith:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, September 1 5, 2008, you were reappointed as a member of the
Towing Advisory Board, for a term of three years ending October 31,2011.
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 appointee is required "to read and become familiar with provisions of the
Act."
Officer Stan Smith
September 19, 2008
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service to the City of
Roanoke as a member of the Towing Advisory Board.
Sincerely,
~m.~
Stephanie M. Moon, CMC
City Clerk
S M M: ew
Enclosu res
pc: Timothy Spencer, Assistant City Attorney
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
STAN SMITH was reappointed as a member of the Towing Advisory Board, for a
term of three years ending October 31 , 2011.
Given under my hand and the Seal of the City of Roanoke this nineteenth
day of September 2008.
~rn.fvt~
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-II45
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
October 1, 2008
Mr. Greg Spangler
1112 Valleyview Avenue
Salem, Virginia 24153
Dear Mr. Spangler:
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
Towing Advisory Board, for a term of three years ending October 31, 2011.
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 you r reappointment and
each appointee is required "to read and become familiar with provisions of the
Act."
Mr. Greg Spangler
October 1, 2008
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service to the City of
Roanoke as a member of the Towing Advisory Board.
Sincerely,
~Jn ~OU>J
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Enclosures
pc: Timothy Spencer, Assistant City Attorney
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
GREG SPANGLER was reappointed as a member of the Towing Advisory Board,
for a term of three years ending October 31 , 2011.
Given under my hand and the Seal of the City of Roanoke this first day of
October 2008.
~~" . D~
City Clerk ~
)