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38274-111708
ROANOKE CITY COUNCIL
REGULAR SESSION
NOVEMBER 17, 2008
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. ALL PRESENT.
The Invocation was delivered by The Reverend James P. Beatty, Pastor,
Bethel A.M.E. Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor David A. 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, November 20 at
7:00 p.m., and Saturday, November 22 at 4:00 p.m. Council meetings are offered
with closed captioning for the hearing impaired.
1
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL
AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND
RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO
PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE
INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY
CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL
BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541.
THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL
AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO
ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT
WWW.ROANOKEVA.GOV.CLlCKONTHESERVICEICON.CLlCK ON COUNCIL
AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING. IF
ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO DOWNLOAD
PRIOR TO VIEWING AGENDA INFORMATION.
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT.
SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY
COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR
ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS
WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS
BEEN RECEIVED BY THE CITY CLERK'S OFFICE.
ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL THE
CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER
WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER
PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL
MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF
SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA
ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH;
HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE
ALLOTTED THREE MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED
AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT
THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT
WWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION.
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2. PRESENTATIONS
COUNCIL:
AND
ACKNOWLEDGEMENTS
BY
Expression of sympathy to the family of the late Dorothy D. Witten.
Council Member Anita J. Price read a letter of condolences and expressed
sympathy to the family of the late Mrs. Witten.
Presentation by Dr. M. Rupert Cutler of an award by Scenic Virginia for the
conservation easement on Carvins Cove.
On behalf of Scenic Virginia, Dr. Cutler presented the Sixth Annual Scenic
Water Corridor Viewshed Preservation Award to the City of Roanoke for the
Conservation Easement on Carvins Cove Natural Reserve, which award was
presented on November 13, 2008, in Richmond, Virginia.
Distinguished Budget Presentation Award for the 2008-09 budget process.
The Mayor recognized Sherman M. Stovall, Director of Management and Budget
and his staff on receiving the Government Finance Officers Association's
Distinguished Budget Presentation Award for its Fiscal Year 2008-2009 budget.
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD.
MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE
REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT
TO COUNCIL.
Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council
and spoke about the economy.
Chris H. Craft, 1501 East Gate Avenue, N. E., appeared before the Council and
spoke about the collection of personal property taxes. The matter was referred
to the City Manager and City Treasurer for response.
Shaheed Omar, 1219 Loudon Avenue, N. W., appeared before the Council and
spoke about the Citizen Review Committee. The City Manager was instructed
to forward another copy of the information which was distributed to the
previous Council regarding the Review Committee to the current Council and
Mr. Omar for informational purposes. The matter of not having a grievance
policy for local inmates was referred to the City Manager and the Sheriff for
response back to the Council.
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4.
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 meetings of Council held on Monday, July 7,2008, and
Monday, July 21,2008.
RECOMMENDED ACTION: Dispensed with the reading of the minutes and
approved as recorded.
C-2 A communication from Council Member Gwen W. Mason, Chair, City Council
Personnel Committee, requesting that Council convene in a Closed Meeting to
discuss mid-year performance evaluations of the Council-Appointed Officers,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C-3 A communication from the Director of Finance requesting that the Council
schedule a public hearing on Monday, December 15, 2008, at 7:00 p.m., or as soon
thereafter as the matter may be heard, to consider an amendment to the City Code
for the purpose of updating the definition and tax rate for wireless telephone service
providers.
RECOMMENDED ACTION: Concurred in the request.
C-4 A communication from the City Manager requesting that the Council schedule
a public hearing on Monday, December 1,2008, at 2:00 p.m., or as soon thereafter
as the matter may be heard, to consider the renewal of a lease of space in the City
Market Building for the operation of a bicycle rental and repair business on a month
to month basis, not to exceed 12 months.
RECOMMENDED ACTION: Concurred in the request.
C-5 Reports of qualification of the following individuals:
Quentin J. White, James D. Ritchie, and Gail Burruss, as members of
the Human Services Advisory Board for terms ending November 30,
2012;
Paula L. Prince as a City representative to the Blue Ridge Behavioral
Healthcare, Board of Directors, to replace Robert Williams, Jr., for a
term commencing January 1,2009 and ending December 31,2011;
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Brownie E. Polly as a member of the Roanoke Civic Center
Commission for a term ending September 30, 2011;
Fredrick M. Williams as a member of the City Planning Commission
for a term ending December 31,2012; and
Peter W. Clapsaddle as a member of the Local Board of Building
Code Appeals for a term ending September 30, 2013.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS:
a. Joint communication from Mayor David A. Bowers and Vice-Mayor
Sherman P. Lea requesting that the City Manager and General Manager of
Valley Metro provide an update with regard to the bus stop location at Valley
View Mall.
The City Manager advised that the General Manager of Valley Metro was
still in negotiations with representatives of Valley View Mall and it is
anticipated that a decision with regard to a bus stop location at the Mall
will be determined prior to the Christmas Holiday season which
commences on Friday, November 28,2008. Once the matter has been
resolved, the Council and the public will receive notification.
b. Joint communication from Vice-Mayor Sherman P. Lea and Council Member
Court G. Rosen instructing the City Manager and City Attorney to prepare an
ordinance for adoption at the December 1, 2008 Council Agenda to provide
additional real estate tax relief for elderly and disabled residents of the City of
Roanoke.
Motion that the City Manager and City Attorney prepare an ordinance to
be adopted at the December 1,2008 City Council meeting that increases
the limits at which senior citizens and disabled citizens in Roanoke City
qualify for real estate tax relief from the current limits of $34,000.00 per
gross income and $125,000.00 net worth, to $42,000.00 per year gross
income and $160,000.00 net worth.
c. Presentation by Peter Lampman, President, Virginia Amateur Sports, Inc.
(Sponsored by the City Manager.)
Report was received and filed.
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7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY
MANAGER:
a. CITY MANAGER:
BRIEFINGS:
Status report with regard to capital improvement projects
Briefing was held in the Council's Conference Room, immediately
following the 2:00 p.m. session.
City Manager commented on the rubberized trolley, the scheduling of a
work session with the Council on Monday, December 1, reinstating the
recycling program for the City of Roanoke, the unveiling of the Mayors'
Monument in Elmwood Park, Stock Market event held at the Roanoke
Civic Center, Special Event Center, and the Urban Effect 2008
Competition.
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance of funding for the Western Virginia Workforce
Development Board Workforce Investment Act (WIA) Programs for
2006 and 2007; and appropriation of funds.
Adopted Resolution No. 38274-111708 and Budget Ordinance No.
38275-111708. (7-0)
2. Concurrence in the recommendation for Council to express its intent to
include in future City budgets funds to support capital project
contributions to Center in the Square, Science Museum of Western
Virginia, Harrison Museum of African American Culture, and the YMCA.
Adopted Resolution No. 38276-111708. (7-0)
3. Authorization to execute the 2008-2009 CDBG Subgrant Agreement
with Total Action Against Poverty in the Roanoke Valley, Inc., to
provide limited and emergency repairs to 19 homes throughout the
City, excluding the Hurt Park neighborhood.
Adopted Resolution No. 38277-111708. (6-0, Council Member
Rosen abstaining.)
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4. Authorization to execute a four-year agreement with Virginia
Department of Emergency Management, in order to respond to Level III
hazardous materials incidents in a regional concept involving
firefighters/emergency medical technicians from the cities of Roanoke
and Salem, effective retroactive July 1, 2008; and appropriation of
funds.
Adopted Resolution No. .38278-111708 and Budget Ordinance No.
38279-111708. (7-0)
5. Appropriation and transfer of funds in connection with the City's
commitment to provide capital funding to Mill Mountain Zoo, Historical
Society of Western Virginia, and Percent for Art Program.
Adopted Budget Ordinance No. 38280-111708. (7-0)
b. CITY ATTORNEY:
1. Consideration of a resolution requesting that the General Assembly to
enact legislation empowering the City to regulate or prohibit smoking in
certain defined areas outdoors and indoors.
Adopted Resolution No. 38281-111708. (7-0)
c. DIRECTOR OF FINANCE:
1. Financial Report for the month of September 2008.
Received and filed.
8. REPORTS OF COMMITTEES:
a. Presentation of the Proposed 2009 Legislative Program. Council Member
David B. Trinkle, Chair, Legislative Committee.
Adopted Resolution No. 38282-111708. (7-0)
b. A report of the Roanoke City School Board requesting appropriation offunds
to various school 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. 38283-111708. (7-0)
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c. A r:eport of the Roanoke City School Board requesting appropriation of
$2.5 Million from future City 2009 Virginia Public School Authority Bond funds
to provide for the partial or total replacement of roofs at Forest Park Academy,
Fairview and Hurt Park Elementary Schools; and for a comprehensive
evaluation of subsequent required roofing work across the Division; 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. 38284-111708. (7-0)
9. UNFINISHED BUSINESS:
a. Execution of Amendment No.4 to the Performance Agreement between the
City of Roanoke, the Economic Development Authority of the City of Roanoke,
and IMD Investment Group, LLC, in order to provide an additional time period
for development of certain property within the Ivy Market Shopping Center.
(Matter was tabled from the October 23,2008 Council Meeting; and deferred
from the November 3,2008 Council Meeting.)
Matter was removed from the table for reconsideration (7-0). Original
measure which was read into the record at the October 23,2008 Council
meeting was defeated (6-0, Council Member Mason abstaining). Matter
was again tabled until the 7:00 p.m. Session of Council to allow the
parties involved to discuss the matter further and reach an agreement.
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS: NONE.
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
Council Member Rosen requested a status report with regard to the
homes on Miller Hill. I
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
Recessed at 5:04 p.m., for a briefing and Closed Meeting in the
Council's Conference Room.
Reconvened at 6:52 p.m. - Certification of Closed Session. (7-0)
Recessed meeting until 7:00 p.m., in the Council Chamber.
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ROANOKE CITY COUNCIL
REGULAR SESSION
NOVEMBER 17, 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, November 20 at
7:00 p.m., and Saturday, November 22 at 4:00 p.m. Council meetings are offered
with closed captioning for the hearing impaired.
9
A. PRESENTATIONS
COUNCIL:
AND
ACKNOWLEDGEMENTS
BY
Expression of sympathy to the family of the late Melody S. Stovall.
Council Member Anita J. Price read a letter of condolences and expressed
sympathy to the family of the late Mrs. Stovall. Letters of Condolences were
presented to the Stovall family.
Recognition of winners from the 4th Annual Fire Prevention Week Art Contest.
The Mayor presented the winners of the Art Contest with Certificates of
Appreciation.
Presentation to Mayor David A. Bowers and Council Member Gwen W. Mason by
School Board Trustee Suzanne Moore.
School Board Trustee Moore presented the Mayor and Council Member Mason
with Clean and Green Campaign posters.
Recognition of Dewayne Shreffler, a 9th grade William Fleming High School student,
for the design of a Clean and Green Campaign poster. School Board Trustee
Suzanne Moore.
School Board Trustee Moore presented the City with a framed Clean and Green
Campaign poster; and the Mayor presented Mr. Shreffler with a City gift.
Recognition of Stephanie Doyle as the 2009 Virginia Teacher of the Year.
The Mayor presented Ms. Doyle with a City gift and an apple basket.
The matter with regard to the execution of Amendment No. 4 to the
Performance Agreement between the City of Roanoke, the Economic
Development Authority of the City of Roanoke, and IMD Investment Group, LLC,
in order to provide an additional time period for development of certain
property within the Ivy Market Shopping Center, which was tabled at the 2:00
p.m., session was removed from the table for reconsideration (7-0). Motion on
"Option A" Ordinance which was read into the record at the 2:00 p.m., session
was defeated 7-0. "Option A-Revised" Ordinance No. 38285-111708 was
adopted (7-0).
B. PUBLIC HEARINGS:
1. Request of the Roanoke Redevelopment and Housing Authority to
permanently vacate, discontinue and close certain properties located on: (1)
Mill Avenue, S. E., and property of the Norfolk and Western Railway
Company; (2) Green Avenue, S. E.; (3) Whitmore Avenue, S. E.; and (4) an
alleyway running approximately 1,290 feet in a southerly direction from its
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intersection with Mill Avenue to its terminus at the southeasterly boundary of
Official Tax Map No. 4040303. John Urquhart, Financing/Risk Manager,
Roanoke Redevelopment and Housing Authority, Spokesperson.
Adopted Ordinance No. 38286-111708. (7-0)
2. Request of Mountain Brook Development, Inc., to rezone certain properties
located on Belle Avenue, N. E., and 237 Mountain Brook Drive, N. E., from
R-12, Residential Single Family District, to MXPUD, Mixed Use Planned Unit
Development District, subject to certain proffered conditions. Sean Horne,
Balzer and Associates, Spokesperson.
Adopted Ordinance No. 38287-111708. (7-0)
3. Request of Christian Life International Church to rezone a 0.925-acre portion
of property located on Hemlock Road, N. W., from R-5, Residential Single
Family District, to IN, Institutional District, for uses as permitted in the
IN Zoning District. Maryellen F. Goodlatte, Attorney, Spokesperson.
Adopted Ordinance No. 38288-111708. (7-0)
4. Request of the Trustees of Parkway House of Prayer, to amend the INPUD
Plan for property located at 3230 King Street, N. E., in order to allow for the
expansion of an existing private Christian school. Roy V. Creasy, Attorney,
Spokesperson.
Adopted Ordinance .No. 38289-111708. (7-0)
5. Approval of a request of the Oliver White Hill Foundation for exemption from
real estate taxation of property located at 401 Gilmer Avenue, N. W.
Darlene L. Burcham, City Manager.
Adopted Ordinance No. 38290-111708. (7-0)
6. Proposal to lease approximately 7,484 square feet of office space to Global
Spectrum, LP, as part of a proposed management agreement for operation
and management of the Roanoke Civic Center, for a term of five years,
effective January 1, 2009. Darlene L. Burcham, City Manager.
Adopted Ordinance Nos. 38291-111708 and 38292-111708. (6-1, Council
Member Rosen voting no.)
C. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
ADJOURNMENT - 8:40 P.M.
11
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
November 17, 2008
Council Members
Sherman P. Lea
Gwen W. Mason
Alvin L. Nash
Anita 1. Price
Court G. Rosen
David B. Trinkle
DAVID A. BOWERS
Mayor
The Reverend and Mrs. Eugene W. James, Jr.
Mr. and Mrs. Anthony V. Gray
Mr. and Mrs. Raytoine M. Gray
Ms. Jessica E. Campbell
Ms. Laticia "Tici" Lee
Dear Reverend James and Family:
On behalf of the Mayor and Members of the Roanoke City Council, please allow
me to express my sympathy to you in the death of your loved one, Dorothy Dodd
Witten.
Mrs. Witten was a devoted mother and grandmother, beloved teacher, lifelong
member of the Loudon Avenue Christian Church, and founding member of the
Beta Chi Omega Chapter of the Alpha Kapa Alpha Sorority. Throughout her life,
her dedication and strong commitment to her community made a difference in the
lives of others, as well as her advocacy for education.
Mrs. Witten will be remembered as a kind and generous person, and her legacy
will surely be an inspiration to others to be more like her. I know she will be
deeply missed by her family, numerous friends, and so many others whose lives
she touched.
Please know that you are in our thoughts and prayers throughout this time of
sadness.
Sincerely,
Anita J. Price, Member
Roanoke City Council
ROANOKE CITY COUNCIL
REGULAR SESSION
NOVEMBER 17, 2008
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
2. PRESENTATIONS AND ACKNOWLEDGEMENTS BY COUNCIL:
Presentation to Mayor and Council by Rupert Cutler of the Scenic Virginia
First Place Award for Scenic Water Corridor Preservation for the
Conservation Easement of Carvins Cove Natural Reserve
Good afternoon, Mayor Bowers, Council members, Mrs. Burcham.
I am Rupert Cutler of Roanoke. I am here today as a member of the Advisory
Board of Scenic Virginia, Inc., a statewide organization based in Richmond and
dedicated to the preservation, protection and enhancement of Virginia's scenic
beauty and community character.
The Board of Directors of Scenic Virginia annually solicits nominations from
throughout the Commonwealth for its scenic awards. Dozens of nominations are
received in all six categories. You may recall that Hollins University, the Western
Virginia Water Authority and others received a Scenic Virginia award two years
ago for their purchase and protection, with conservation easements, of a
potentially roaded and developed side slope of Tinker Mountain visible from
Hollins and 1-81 .
This year the Scenic Virginia board chose the City of Roanoke to recognize with
its first place award in the category of Scenic Water Corridor Preservation for
your donation of a perpetual conservation easement on the Carvins Cove Natural
Reserve to the Virginia Outdoors Foundation and the Western Virginia Land
Trust. Carvins Cove is the second-largest city park in the Nation. The 6,000-
acre portion of the park on which you donated an easement represents the
largest single tract under conservation easement in the state. The Appalachian
Trail views and rare biological communities the easement protects are priceless.
In the chamber today are representatives of the organizations that partnered to
help bring the Carvins Cove plan and easement to fruition. They include:
It is my pleasant duty at this time to present to the Mayor, Council and
administration of the City of Roanoke the framed certificate representing first
place in the 2008 competition for the Scenic Water Corridor Preservation Award
from Scenic Virginia, Inc.--an impressive award and an important
accomplishment by the City. Congratulations!
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 T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
November 18, 2008
The Honorable Evelyn W. Powers
City Treasurer
Roanoke, Virginia
Darlene L. Bu rcham
City Manager
Roanoke, Virginia
Dear Ms. Powers and Ms. Burcham:
At a regular meeting of Council of the City of Roanoke held on Monday,
November 17, 2008, Chris Craft appeared before the Council and raised
questions with regard to the City's personal property tax policy.
The matter was referred to the City Manager and City Treasurer for response.
Sincerely,
. - rn~~l)~
Stephanie M. Moon, CMC "-
City Clerk
SM M :ew
pc: Chris H. Craft, 1501 East Gate Avenue, N. E., Roanoke, Virginia 24012
CITY TREASURER
PO Box 1451
Roanoke, Virginia 24007
ph: 540.853.2561
fax: 540.853.1019
EVElYN W. POWERS, MGT
Treasurer
R. RICHARD HALE JR., MGDT
Chief Deputy Treasurer
November 25,2008
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:
This communication is in response to a request from he City Clerk in regards to a
matter that was brought to your attention at the Monday, November 17, 2008
Council meeting relating to Chris H. Craft.
Mr. Craft's complaint in regards to the City's Persol1al Property Tax policy was in
regards to his Vehicle License Tax. Mr. Craft's tax statement was presented to
him in accordance with City Ordinance #37767-051407. The policy states that a
vehicle license tax of $20.00 will be imposed on all vehicles owned on Januar:y 1
of the tax year. Mr. Craft states that he no longer owned the vehicles; however,
the current policy does not pro-rate this tax. During the 2008 tax year, Mr. Craft
had five (5) different vehicles on his account. Three of the vehicles were sold
during the 2008 tax year, and his account has been adjusted. Therefore, since
Mr. Craft owned these vehicles as of January 1, 2008 he was billed for the
Vehicle License Tax plus Personal Property taxes.
Mr. Craft was sent delinquent notices after the June 2, 2008 tax deadline and no
contact Was made to this office in regards to payment of these taxes or payment
arrangements prior to further collection efforts. Therefore, other collections
methods were used to collect these taxes.
Sihcerely,
rp~In,~
Evelyn W. Powers, MGT
City Treasurer .,.
c: Darlene L. Burcham, CityMa~ager
lIStephanie M. Moon, City Clerk.
Chris H. Craft, T(:lxpayer
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 T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
November 18, 2008
The Honorable Octavia Johnson
Sheriff
Roanoke, Virginia
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Sheriff Octavia Johnson and Ms. Bu rcham:
At a regular meeting of Council of the City of Roanoke held on Monday,
November 17, 2008, Shaheed Omar appeared before the Council and spoke
about the Citizen Review Committee.
The City Manager was instructed to forward copy of the information that was
distributed to the previous Council regarding the Review Committee to the
current Council and Mr. Omar for information purposes; and the question of
whether or not a grievance policy for local inmates existed was referred to the
City Manager and the Sheriff for report back to the Council.
Sincerely,
W~M. ~~
Stephanie M. Moon, CMC
City Clerk
SM M :ew
pc: Shaheed Omar, 1219 Loudon Avenue, N. W., Roanoke, Virginia 24017
Roanoke Sheriffs Office
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DATE: November 20, 2008
TO: Ms. Darlene Burcham, City Manager
Mayor Bowers and Members of City Council
.
FROM: Sheriff Octavia L. Johnson ~
SUBJECT: Shaheed Omar Complaint
As a result of the comments made by Mr. Omar at a recent council meeting, I
want to apprise you of our procedures at the Sheriff's Office.
As required by lawl and American Correctional Association standardsl the
Roanoke City jail has a comprehensive policy concerning inmate grievances.
This policy is thoroughly explained in the Roanoke City Jail Inmate Handbook,
which is provided to each inmate upon their classification into jail.
Persons who are not inmates, but wish to file a formal complaint, are directed to
the Professional Standards Office, where their complaint is received. and
investigated .
Mr. Omar has made numerous inquiries through our office for copies of
procedures and has been advised to contact our Professional Standards Office.
He has been givenl in writing, the name and phone number of the Lieutenant
who will take his complaint. However, to this datel he has not contacted the
Professional Standards Office to initiate that process.
Mr. Omar has filed a civil paper in General District Court requesting this
information. When presented with the information above, the judge dismissed
the action and advised Mr. Omar to contact the Professional Standards Unit of
the Sheriff's Office.
I hope this information is helpful to you and satisfactorily addresses all concerns
you may have. Please contact me if you need additional information.
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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
November 17,2008
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Council Members
Sherman P. Lea
Gwen W. Mason
Alvin L. Nash
Anita J. Price
Court G. Rosen
David B. Trinkle
I wish to request a Closed Meeting to discuss the mid-year performance evaluations of the
Council Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as
amended.
~
G en Iyn W. Mason, Chair
CityCo'uncil Personnel Committee
GWM:ctw
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
November 17, 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: Public Hearing Request - Update to License Tax Code
Pursuant to the requirements of the Code of Virginia, the City of Roanoke is required to
hold a public hearing when there is a change to the City's License Tax Code. This
change involves updating the Code of the City of Roanoke, (1979), as amended, to
bring the definition and tax rate for Wireless Telephone Service Providers into
conformity with the Code of Virginia. This does not change taxation by the City; it is
solely an amendment to our City Code for compliance purposes.
This is to request that a public hearing be advertised on this matter for Council's
regular meeting to be held on Monday, December 15, 2008 at 7:00 p.m. A full report
will be included in the December 15, 2008, agenda material for your consideration.
Respectfully submitted,
/Ql)~
Ann H. Shawver
Director of Finance
c: Honorable Evelyn W. Powers, Treasurer
Honorable Sherman A. Holland, Commissioner of the Revenue
Darlene L. Burcham, City Manager
Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Sherman M. Stovall, Director ofMan~~em~~t..a~d.,~u~get
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
November 17, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Request to Schedule a Public
Hearing for Lease Renewal
Sharebike, Inc., has leased approximately 472 square feet of space located in the
City Market Building at 32 Market Square, Roanoke, Virginia 24011, for the past
year. The current lease expires November 19, 2008. The shop operates as a
bicycle rental and repair business and also offers bicycle safety classes. The lease
term requested is for month to month not to exceed twelve (12) months,
retroactive to November 20. A public hearing is required before Council can
authorize such a lease.
Recommended Action:
Authorize the scheduling and advertising of this matter for a public hearing on
December 1, 2008 at 2:00 PM.
Respectfully submitted,
oWw
Darlene L. B cham
City Manager
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 1 76
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: cJerk@roanokeva.gov
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
November 18, 2008
Teresa I. McDaniel, Secretary
Human Services Advisory Board
Roanoke, Virginia
Dear Ms. McDaniel:
This is to advise you that Quentin J. White and Gail Burruss and James D. Ritchie
to replace Clarence Hall for a four-year term commencing December 1, 2008,
have qualified as members of the Hu man Services Advisory Board for terms
ending November 30,2012.
Sincerely,
~~ /0). h-1b~
Stephanie M. Moon, CMC . L
City Clerk
SMM:ew
pc: Joyce S. Johnson, Administrative Assistant to the Mayor
K:\oath and leaVing seNice\Human SeNices AdVisory BoardlQuentin J White James 0 Ritchie Gail burruss qualifi 11 302012.doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
>.
I, Quentin J. White, 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 Human Services Advisory Board,
for a term ending November 30, 2012, according to the best of my ability (So
help me God).
gj~()~~
Subscribed and sworn to before me thiS$V of tJd-2008.
BY
, CLERK
K\oath and leaving service\Hwnan Services Advisory Board\Quentin J White Nov 30 2012.doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Gail Burruss, 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 Human Services Advisory Board,
for a term ending November 30, 2012, according to the best of my ability (So
help me God).
~
Subscribed and sworn to before me this3tL day of ~ 2008.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BY~~'
BRENDA s. HAMILTON, CLERK
K:loath and leaving serviceIHurnan Services Advisory BoardlGail Bunuss Nov 30 20 l2.doc
t>
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, James D. Ritchie, 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 Human
Services Advisory Board, for a term commencing December 1, 2008 and ending
November 30,2012, according to the best of my ability (So help me God).
Subscribed and sworn to before me this 3rddav of )JovCII7Moo8.
BRENDA S.
BY
K:\oath and leaving service\Hwnan Services Advisory BoardlJames D Ritchie Nov 30 2012.doc
crIll Cf'Et;K
- - -.-
,..1..: l.U.
:. 'f. ; l_'~'~
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov
City Clerk
Tim Steller, Executive Director
Blue Ridge Behavioral Healthcare
301 Elm Avenue, S. W.
Roanoke, Virginia 24016-4Q01
Dear Mr. Steller:
November 18, 2008
SHEll..A N, HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
This is to advise you that Pau la L. Prince has qualified as a City representative to
the Blue Ridge Behavioral Healthcare Board of Directors, to replace Robert
Williams, Jr., for a term commencing January 1, 2009 and ending December 31 ,
2011.
5 N H :ew
Sincerely,
#tL 'rn,~wJ
Stephanie M. Moon, CMC
City Clerk
pc;: Joyce S. Johnson, Administrative Assistant to the Mayor
K:\oath and leaving service\Blue Ridge Behavioral Healthcare\Paula L Prince qualification. doc
, '.1 .'i_
".. ~':1.1 ";
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Paula L. Prince, do solemnly affirm that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of
Virginia, and that I will faithfully and impartially discharge and perform all the
duties incumbent upon me as a City representative to the Blue Ridge Behavioral
Healthcare, Board of Directors, to replace Robert Williams, Jr., for a term
commencing January 1, 2009 and ending December 31, 2011, according to the
best of my ability (So help me God).
~ cX'~~
Subscribed and sworn to before me this 1 day of ;/0 j 2008.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BY~0wJ ,~~
K\oatb and leaving service\B]ue Ridge Behaviora] Healthcare\Pau]a L Prince oath letter 20] I.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: cIerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
November 18, 2008
Robyn Schon, Acting Director
Civic Facilities
Roanoke, Virginia
Dear Ms. Schon:
This is to -advise you that Brownie E. Polly has qualified as a member of the
Roanoke Civic Center Commission, for a term ending September 30,2011.
Sincerely,
~m, OO'\lIOI-J
Stephanie M. Moon, CM~. )
City Clerk
S N H: ew
pc: Joyce S. Johnson, Administrative Assistant to the Mayor
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Brownie E. Polly, do solemnly affirm that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of
Virginia, and that I will faithfully and impartially discharge and perform all the
duties incumbent upon me as a member of the Roanoke Civic Center
Commission, for a term ending September 30, 2011, according to the best of
my ability (So help me God).
~~
Subscribed and sworn to before me this ~ day of -LV~\I. 2008.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BY~..~
c:r.
, CLERK
K:\oath and.leaving service\roanoke civic center commission\Brownie E Polly 093011 oath. doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
November 18, 2008
Martha P. Franklin, Secretary.
City Planning Commission
Roanoke, Virginia
Dear Ms. Franklin:
This is to advise you that Fredrick M. Williams has qualified as a member of the
City Planning Commission, for a term of four years ending December 31,2012.
Sincerely,
~f0, Yhb~
Stephanie M. Moon, CMC ~
City Clerk
S N H: ew
pc: Joyce S. Johnson, Administrative Assistant to the Mayor
"
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Fredrick M. Williams, do solemnly affirm that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as a member of the City
Planning Commission, for a term of four years ending December 31, 2012,
according to the best of my ability (So help me God).
~~t~
Subscribed and sworn to before me this -2- day of Nov 2008.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BW$1tf~ ~~
K:\oath and leaving service\City Planning Commission\Fredrick M Williams reappt. oath let 12 31 2012.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: cIerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
November 18, 2008
Harry F. Collins, Sr., Chair
Local Board of Building Code Appeals
6603 Northway Drive, N. W.
Roanoke, Virginia 24019
Dear Mr. Collins:
This is to advise you that Peter W. Clapsaddle has qualified as a member of the
Local Board of Building Code Appeals, for a term of five years ending
September 30,2013.
Sincerely,
. . rn~ OrIDDYJ
Stephanie M. Moon, CMC. C
City Clerk
SMM:ew
pc: Martha P. Franklin, Secretary, Local Board of Building Code Appeals
Joyce S. Johnson, Administrative Assistant to the Mayor
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Peter W. Clapsaddle, 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 Local Board
of Bu ilding Code Appeals for a term of five years ending September 30, 201 3,
according to the best of my ability (So help me God).
~l"(f
Subscribed and sworn to before me this ~y of ~ 2008.
::ENZ:.IL~ CLERK OF T
CIRCUIT COURT
K:\oath and leaving service\Local Board of Building Code Appeals New Construction Code Board of Appeals\Peter W Clapsaddle oath 9 30
20 I3.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
STEPHANIE M. MOON, CMC E-mail: clerk@roanokeva.gov
City Clerk
SHEILAN. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
December 1, 2008
Mr. Clarence Hall
542 Mountain Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Hall:
Your term of office as a member of the Human Services Advisory Board expired
on November 30, 2008.
The Members of City Council requested that I express sincere appreciation for
your service to the City of Roanoke as a member of the Human Services
Advisory Board, from January 1, 2001 to November 30, 2008. Please find
enclosed a Certificate of Appreciation and an aerial view photograph of the
Roanoke Valley in recognition of your years of service.
Sincerely,
~~':L~
City Clerk
SM M :ew
Enclosure
pc: Teresa I. McDaniel, Secretary, Human Services Advisory Board
Joyce S. Johnson, Administrative Assistant to the Mayor
APPROVED:
<<
""-""""- ,-'-':-. . .
".-. -' -'::"';,';-" ". '--.:<.,~(.'
CERTIFICATE OF APpRECIATION
PRESENTED TO
" -;
CLARENCE HALL
AS A MEMBER OF THE <
RUMAN SERVICES ADVISORY BOARD
< FR.OM JANUARY 1, 2001
.. .
TO NOVEMBER 30, 2008
ON THIS: 1 ST . DA YOF DECEMBER , 2008
. . ' , . -" ." , .
IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE F AITHFULEY
RENDERED TO THE CITY OFROANOKE
ATTEST:
~...
. '.
." . ,,--' .
. , - "" , .
. .'
..............~
· . . :~~ A BOWERS'
MAYOR:
STEPHANIE M. MOON
CITY CLERK
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
Council Members
Shennan P. Lea
Gwen W. Mason
Alvin L. Nash
Anita 1. Price
Court G. Rosen
David B. Trinkle
DAVID A. BOWERS
Mayor
November 17, 2008
Members of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is to request an update from the City Manager and General Manager of Valley
Metro as to the status of the bus stop at Valley View Mall, with suggested options on a
recommendation for City or GRTC action.
Sincerely,
,~ - '" n /"'?"'? CU".WV\
~~Vc1c --
David A. Bowers
~
~~
Sherman P. Lea
Vice-Mayor
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Stephanie M. Moon, City Clerk
David Morgan, General Manager, Valley Metro, P. O. Box 13247, Roanoke,
Virginia, 24032
11/24/2008 17:48 FAX 540 882 2703
6RTC-VALLEV METRO
~002
~
-.:
November 24, 2008
David A. Bowers, President, and Members of the Board of Directors
Greater Roanoke Transit Company
Roanoke, Virginia
Dear President Bowers and Members of the Board:
Subject
License Agreement with Valley View Mall, LLC, for access to mall
property to provide bus seNice .
Background:
As the Board is aware, GRTC has been working with Valley View Mall to arrive at a
License Agreement that will allow GRTC and GRTC's Management Company access to
Mall property and fur the use of a bus stop close to an entrance to the Mall. This was
necessitated by the loss of the bus stop adjacent to the Mall entrance at J. C. Penney's,
effective on Odober 1, 2008. As the Board was advised during a Council meeting on
. November 17, 2008, GRTC staff and Valley View Mall staff were close to reaching an
agreement on a location acceptable to both and on the terms of a License Agreement
that would be signed by the parties. On November 24, 2008, GRTC staff and Valley
Vif1N Mall staff reached a final agreement on the location of the bus stop, which will be
by a main Mall entrance and the automotive entrance area by Sears, and on the tenns
of a License Agreement The License Agreement does have an indemnity provision
which is covered by GRTC insurance policies, as well as other terms GRTC will comply
with in order to hlilve access to the Mall. The License does provide that a bus shelter
may also be placed at such bus stop.
Action to be Taken:
Since the Board has previously been advised on this matter more than five business
days prior to the signing of any License Agreement. and in order to be able to use this
bus stop as soon as possible. perhaps before Thanksgiving, GRTC will enter into a
License Agreement with Valley Vie.w Mall, LLC. as soon as possible, in order for GRTC
and its Management Company to operate the bus service arid have access to Mall
properly and for the use of a bus stop(s) on Mall property, which may include a bus
shelter at the bus stop. Such License will be upon such tenns as thO General Manager
deems appropriate and in a form approved by legal counsel.
Greater Roanoke Transit Compony
PO Box 13247 · Roanoke, Virginia 24032 · Phone: 540.982.0305 · F(;Ix: 540.982.2703 · www.vaJleyrnetro.com
11/24/2008 11:48 FAX 540 982 2703
BRTC-VALLEY METRO
~003
David A Bowers, President and Members of the Board of Directors
Greater Roanoke Transit Company
Roanoke, Virginia
Page Two
November 24, 2008
If any Board member has any questions or objections to this procedure, please contact
me or the Vice President of Operations as soon as possible since this License will be
signed within the next day or two.
Respectfully submitted,
-- :::M~1f-
General Manager
DAMlch
C. Darlene L. Burcham, Vice President of Operations
Ann H. Shawver, Treasurer
Stephanie M. Moon, Secretary
William M. Hackworth, legal Counsel
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 T. WEBB
Assistant Deputy City Clerk
November 1 8, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
William M. Hackworth
City Attorney
Roanoke, Virginia
Dear Ms. Burcham and Mr. Hackworth:
I am attaching copy of a joint communication from Vice-Mayor Sherman P. Lea
and Council Member Court G. Rosen instructing the City Manager and City
Attorney to prepare an ordinance to provide additional real estate tax relief for
elderly and disabled residents of the City of Roanoke, which communication
was before the Council of the City of Roanoke at its regular meeting held on
Monday, November 17, 2008.
On motion, duly seconded and unanimously adopted, the Council instructed the
City Manager and City Attorney to prepare an ordinance to be adopted at the
December 1, 2008 City Council meeting that increases the limits at which
senior citizens and disabled citizens in Roanoke City qualify for real estate tax
relief from the current limits of $34,000.00 per gross income and $125,000.00
net worth, to $42,000.00 per year gross income and $160,000.00 net worth.
Sincerely;
~in.~~
Stephanie M. Moon,CMC
City Clerk
SM M: ew
Attach ment
pc: Ann H. Shawver, Director of Finance
Susan S. Lower, Director, Real Estate Valuation
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
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
Council Members
Sherman P. Lea
Gwen W. Mason
Alvin L. Nash
Anita J. Price
Court G. Rosen
David B. Trinkle
DAVID A. BOWERS
Mayor
November 17, 2008
Members of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is to instruct the City Manager and City Attorney to prepare an ordinance for
adoption at the December 1 Council Agenda to provide additional real estate tax relief
for elderly and disabled residents of the City of Roanoke.
Sincerely,
~ ;fi#-
Sherman P. Lea
~
Court G. Rosen
Council Member
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Stephanie M. Moon, City Clerk
A
~ ~/r
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. . '.>.,_~,>-'-.;i--"::*;::){_:?-;{;~-~'::~,';'
VIRGINIA AMATEUR SPORTS, INC.
SPONSORS
TITLE
Southern Health
Coventry Health Care
PRESENTING
ABC 13, WSET
City of Roanoke
. City of Salem
Roanoke County
Kroger
PREMIER
Autotrader_com
Pepsi
StellarOne
Venture Marketing
GOLD MEDAL
Appalachian Power Company
Blue Ridge Copier
Carilion Clinic
Clear Channel
Cox Cable Hampton Roads
Cox Cable Roanoke
Holiday Inn - Tanglewood
Play By Play
Roanoke Valley CVB
SILVER MEDAL
First Team Auto Mall
Grand Home Furnishings
Jefferson College of Health Sciences
Kudos Trophies & Awards
Lanford Brothers
USTA
Valley dale
BRONZE MEDAL
Arby's
Dominion Lodging
Hayes. Seay, Mattern & Mattern
Heartland Rehabilitation Services
Jefferson Surgical Clinic
Member One
Mountain Springs Water
Poe & Cronk
Roanoke Fruit & Produce
Roanoke Orthopaedic
Robertson Marketing
Sportsman's Warehouse
Woods Rogers Attorneys At Law
COVENTRY@
<e(Q)~~(Q)lNIW!E~[I:ij[J={]
GAMES
Virginia Amateur Sports, Inc.
711 C 5th Street, NE
Roanoke, Virginia 24016
(540) 343-0987
FAX (540) 343-7407
www.commonweaIthgames.org
November 11, 2008
Ms. Stephanie Moon
City of Roanoke
215 Church Ave
City Clerk's Office
Roanoke, VA 24011
Dear Ms. Moon,
I would like to give a brief presentation at the 2:00 pm city council
meeting on Monday, November 17, 2008 on the economic impact the
Coventry Commonwealth Games had on the Roanoke Valley this year. I
would also like to give our appreciation plaque to the council at this time.
It is my understanding that Ms. Darlene Burcham will be sponsoring me.
Please accept my thank you in advance for considering my request. I am
looking forward to hearing from you
Thank you!
Sincerely,
\e ~~
Peter Lampman
Sanctioned by the National Congress of State Games and recognized by the United States Olympic Committee
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
November 17, 2008
The Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of City Council:
I would like to sponsor a request from Peter Lampman of Virginia
Amateur Sports, Inc., to present the economic impact the Coventry
Commonwealth Games had on the Roanoke Valley this year.
Respectfully submitted,
Darlene L. rcham
City Manager
DLB:jb
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
f.o.c..
VIRGINIA
AMATEUR SPORTS
-,' . .- .
....~jO VE N T RY~
. COMMONWEALTH
. . ..GAMES .
of Vi'lgin ia
AND THE
ROANOKE VALLEY
Virginia Amateur Sports, Inc.
711 C 5th Street, NE
Roanoke, Virginia 24016
(540) 343-0987
FAX (540) 343-7407
www.commonwealthgames.org
~
VIRGINIA AMATEUR SPORTS, INCI,
SPONSORS
TITLE
Southern Health
Coventry Health Care
PRESENTING
ABC 13, WSET
City of Roanoke
City of Salem
Roanoke County
Kroger
PREMIER
Autotrader.com
Pepsi
StellarOne
Venture Marketing
GOLD MEDAL
Appalachian Power Company
Blue Ridge Copier
Carilion Clinic
Clear Channel
Cox Cable Hampton Roads
Cox Cable Roanoke
Holiday Inn - Tanglewood
Play By Play
Roanoke Valley CVB
SILVER MEDAL
First Team Auto Mall
Grand Home Furnishings
Jefferson College of Health. Sciences
Kudos Trophies & Awards
Lanford Brothers
USTA
Valleydale
BRONZE MEDAL
Arby's
Dominion Lodging
Hayes, Seay, Mattern & Mattern
Heartland Rehabilitation Services
Jefferson Surgical Clinic
Member One
Mountain Springs Water
Poe & Cronk
Roanoke Fruit & Produce
Roanoke Orthopaedic
Robertson Marketing
Sportsman's Warehouse
Woods Rogers Attorneys At Law
COVENTRY.
<6 (Q) /M\M(Q) [N]W~tQ\[L li'1Hl
GAMES
November 17,2008
The Honorable Mayor David Bowers
Members of City Council
City of Roanoke
Roanoke, Virginia 24011
Dear Mayor Harris and City Council Members,
Thank you once again for giving me the opportunity to publicly say thank
you for your ongoing support and commitment to Virginia Amateur Sports
and the Virginia Commonwealth Games, now officially known as the
Coventry Commonwealth Games of Virginia. Due to your efforts and
the other Valley governments, our 19th Anniversary was a success,
Enclosed is a small report on the economic impact the Games had on the
Roanoke Valley. The report also provides information on the
demographics of where the athletes traveled from to participate. Over the
past 19 years, approximately 161,000 athletes have competed in this
event, known throughout Virginia as Virginia's Olympics.
Again, please accept my thank you for enhancing our ability to carryon
our Tradition of Excellence: the Coventry Commonwealth Games of
Virginia.
Sincerely,
Virginia Amateur Sports
~~~
Peter Lampman
President
Sanctioned by the National Congress of State Games and recognized by the United States Olympic Committee
~:'145
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~."",",..,,,~~,.
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VIRGINIA AMATEUR SPORTS
VIRGINIA AMATEUR SPORTS, INC.
On November 17, 1989, the Governor's commission on Sports and ft1l'Vllical Fitness passed on an endorsement to the
Governor for Virginia Amateur Sports (VAS) to serve as the state orgall1l!izatliion to hold the State Games of Virginia. In 1992,
the Games were officially recognized as the Virginia Commonwealtl1l GiIl~es.
The State Corporate Commission incorporated Virginia Amateur Sports i11m:c. on February 9, 1989. The corporation should be
governed by a self perpetuating Board of Directors, composed of not Iless tthan 9 directors nor more than 36 directors. The
Board of Directors is the governing body of Virginia Amateur Sports 1tII1lrr<lllJl\gh the President of VAS who serves as the Chief
Operating Officer of the corporation and subject to the control oftihe hard of Directors.
The President is responsible for implementing the by-laws, carrying llllJltt1l:lme mission statement and developing and
coordinating the Coventry Commonwealth Games of Virginia, as wellll ,illS ((lX\jher events planned by VAS. In addition, the
President oversees the staff as well as the marketing, fundraising, ann! ottilller operation and administration of the Games.
The President also serves as the organization's representative to the N,iIllbi<Dnal Congress of State Games (NCSG), the governing
body for State Games programs in the United States. The NCSG is a <OCilrnmrmn.unity-based multi-sport member of the United
States Olympic Committee and subscribes to the philosophies of OIVI1l1l;p>icitamily members. As a member of the NCSG, eighty
percent of the sports offered in the Games must be either Olympic orr f,alll American sports and must adhere to state or
national governing bodies' criteria. Each of the 50+ sports in the 20(1}$ (G@~entry Commonwealth Games met these
requirements.
As stated in the Mission Statement, VAS subscribes to promoting a11lillW,iIlIreness of physical fitness and healthy lifestyles,
promoting relevant sports-related educational programs, and lastly, ICOl'l!l:lilucting the Coventry Commonwealth Games of
Virginia.
COVENTRY COMMONWEALTH GAMES OFVIRGINIA
~
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C 0 V E N TRY.
If;Ofu~l~'1\gk\QW~~[('l"H
GAMES
(/ Vi~qini{[
The Coventry Commonwealth Games of Virginia is an annual OlympliccSltl)le competition
designed and held for residents of Virginia. The Games are open to Vlirr@~/llians of all ages and
skill levels. From archery to wrestling, this multi-sport event furnishes 1l#l}e 'competition venues
for 44 different Olympic and Pan American sports.
With its motto of a "Tradition of Excellence," the Coventry Commol1lwe.aIlttih Games of Virginia represent the true spirit of
amateur athletics. For some, this celebration of sport is a stepping-st\QlImeitor following the dream of representing the United
States in the Olympic Games. For others, the Games are a place to GDrnm;p>Erte in a favorite pastime. Regardless of the age or
skill of the athlete, the Coventry Commonwealth Games of Virginia prroll,idle the pure pleasure of competing for the love of
sport.
The Coventry Commonwealth Games of Virginia are more than sports ~ents' they go much deeper. The Games teach values
such as teamwork and good sportsmanship, which are important comiPX0ments of everyday life. The Games encourage
athletes to develop and improve their physical talent and competit,i\1leallililities. Lastly, the ideals of the Games promote
physical fitness and encourage Virginians to adopt a healthy lifestyile,Whlich includes exercise.
More than 4,000 athletes competed in the 29 sports in the first Games. More recently, in 2008, the Games hosted nearly
9,000 athletes competing in 56 sports, used over 80 sporting venues., _ worked with for than 1,200 volunteers. In our 19-
year history, nearly 161,000 athletes have competed in this Olymplic-~le atmosphere. The success of these Games has been
immeasurable.
The Coventry Commonwealth Games of Virginia is the official state ~all1\iltes of Virginia, sanctioned by the National Congress of
State Games, and recognized by the United States Olympic Committee (lUlSOC), the National Collegiate Athletic Association
(NCSS), and the Virginia High School League (VHSL).
dtJ
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."'-':-, .- ,,"
VIRGINIA AMATEUR SPORTS, INC.
SPONSORS
TITLE
Southern Health
Coventry Health Care
PRESENTING
ABC 13, WSET
City of Roanoke
City of Salem
Roanoke County
Kroger
PREMIER
Autotrader.com
Pepsi
StellarOne
Venture Marketing
GOLD MEDAL
Appalachian Power Company
Blue Ridge Copier
Carilion Clinic
Clear Channel
Cox Cable Hampton Roads
Cox Cable Roanoke
Holiday Inn - Tanglewood
Play By Play
Roanoke Valley CVB
SILVER MEDAL
First Team Auto Mall
Grand Home Furnishings
Jefferson College of Health Sciences
Kudos Trophies & Awards
Lanford Brothers
USTA
Valleydale
BRONZE MEDAL
Arby's
Dominion Lodging
Hayes, Seay, Mattern & Mattern
Heartland Rehabilitation Services
Jefferson Surgical Clinic
Member One
Mountain Springs Water
Poe & Cronk
Roanoke Fruit & Produce
Roanoke Orthopaedic
Robertson Marketing
Sportsman's Warehouse
Woods Rogers Attorneys At Law
Virginia Amateur Sports, Inc.
711 C 5th Street, NE
Roanoke, Virginia 24016
(540) 343-0987
FAX (540) 343-7407
www.commonwealthgames.org
VIRGINIA AMATEUR SPORTS
2007- 08 ECONOMIC IMPACT
Tourism in Virginia
Tourism is a $13 billion per year industry in Virginia
Tourism is a $1 million per day industry in the Roanoke Valley
Each dollar spent on tourism marketing returns $4-$6 in tax revenues
Coventry Commonwealth Games of Virginia
1, Number of athletes that stayed overnight
2. Number of spectators that stayed overnight
(1 :2 ratio)
3. Average length of stay
4. Estimated average daily expenditures
5. Estimated overnight expenditures
(1 + 2 x 3 x 4)
6. Number of day athletes
7. Number of day spectators
(1 :2 ratio)
8. Number of day volunteers
9. Estimated average daily expenditures
10. Estimated daily expenditures
(6+7 +8 x 9)
11. Estimated total visitor expenditures
(10 + 5)
TOT AL ECONOMIC IMP ACT
COVENTRY@
~(Q)MM(Q)[N]W[Eb\1L VIfIJ
GAMES
3,115
6,230
2.34 days
$150
$3,280,095
2,810
5,620
1,300
$35
$340,550
$3,620,645
$3,620,645
Sanctioned by the National Congress of State Games and recognized by the United States Olympic Committee
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN; CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
November 18, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38275-111708 appropriating
funds from the Commonwealth of Virginia for the FY09 Workforce Investment
Act Incentive Grant, and to re-appropriate funding for the FY08 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, November 17, 2008, and is in
full force and effect upon its passage.
Sincerely,
~ hi. 4'6JbaYV
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
Sherm,an M. Stovall, Director, Management and Budget
Jane R. Conlin, Director, Human/Social Services
w
The 17th day of November, 2008.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
No. 38275-111708.
AN ORDINANCE to appropriate funding from the Commonwealth of Virgin'ia for
the FY09 Workforce Investment Act Incentive Grant and to re-appropriate funding for the
FY08 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
Adult Program FY08 - Contract Services
Dislocated Worker FY08 - Contract Services
Incentive Grant FY09 - Training & Development
Incentive Grant FY09 - Marketing
Incentive Grant FY09 - Contractual Services
Revenues
. WIA Incentive Grant FY09
35-633-2341-8057
35-633-2342-8057
35-633-2357 -2044
35-633-2357 -8053
35-633-2357 -8057
$ 40,000
(40,000)
1,000
4,500
4,500
35-633-2357-'2357
10,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title"is hereby dispensed with.
ATTEST:
- ,ht.m6tJnJ
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 T. WEBB
Assistant Deputy City Clerk
November 18, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38274-111708 authorizing the
acceptance of a Western Virginia Workforce Development Board Workforce
Investment Act grant in th~ amount of $10,000.00, and authorizing the City
Manager to execute the necessary documents required to accept the grant,
upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, November 17, 2008.
Sincerely,
~hJ, 6'OJ6OYV
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Jane R. Conlin, Director, Human/Social Services
D1L
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of November, 2008.
No. 38274-111708.
A RESOLUTION authorizing the acceptance of a Western Virginia Workforce
Development Board Workforce Investment Act grant in the amount of$lO,OOO; and
authorizing the City Manager to execute the necessary documents required to accept the
grant, upon certain terms and conditions.
BE IT RESOLVED by the Council ofthe City of Roanoke that:
1. The Western Virginia Workforce Development Board Workforce
Investment Act Incentive Grant in the amount of$10,000.00, for the period of January 1,
2008, through June 30, 2009, as further described in the City Manager's letter to this
Council dated November 17, 2008, is hereby ACCEPTED.
2. The City Manager is authorized to execute the necessary documents
required to accept the grant. Such documents shall be upon form approved by the City
Attorney.
ATTEST:
hJ . ~\j)Yv
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
November 17, 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
Work-Force Investment Act
(WIA) Programs
Background:
The City of Roanoke is a 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 III, 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;
. 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 (Area III) has received a Notice
of Obligation (NOO) of Incentive Grant funding, from the Virginia Community
College System, allocating $10,000 to be used during the period of January 1,
2008, through June 30, 2009. The Virginia Workforce Council awarded these funds
Honorable Mayor and Members of City Council
November 17, 2008
Page 2
to recognize Area III for exemplary performance during the 2006 program year.
These funds may be expended for local coordination activities, regional
cooperation activities and to provide services to target populations;
Additionally, the Western Virginia Workforce Development Board, by request, has
received a Notice of Obligation (NOO), from the Virginia Community College
System, transferring $40,000 from PY 2007 WIA Dislocated Worker Program budget
to the PY 2007 Adult Program budget.
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 Incentive Grant funding of $10,000 for Program Year 2006, and accept the
Western Virginia Workforce Development Board Workforce Investment Act transfer
in the amount of $40,000 for Program Year 2007.
Adopt the accompanying budget ordinance to establish a revenue estimate in the
amount of $10,000 and appropriate the following amounts, in accounts to be
established in the Grant Fund by the Director of Finance; $4,500 Contract Services,
$4,500 Marketing, and $1,000 Training and Development; and to transfer $40,000
from Dislocated Worker Contract Services to Program Year 2007 Adult Program
Contract Services.
Respectfully submitted,
Darlene L. Burc
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director of Management and Budget
R. Brian Townsend, Assistant City Manager for Community Development
Jane R. Conlin, Director of Human Services/Social Services
CM08-00174
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
STEPHANIE M. MOON, CMC yroanokeva.gov
City Clerk
November 18, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
I am attaching copy of Resolution No. 38276-111708 expressing the intent of
City Council to include in future City. budgets certain funding for capital
projects to be undertaken by Center in the Square, the Science Museum of
Western Virginia, the Harrison Museum of African American Culture, and the
YMCA. !
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Mo~day, November 17, 2008.
Sincerely,
SM M :ew
Attachment
~hJ.~
Stephanie M. Moon, CMC
City Clerk
Darlene L. Burcham
November 18, 2008
Page 2
pc: Dr. Jim Sears, President and General Manager, Center in the .Square, One
Market Square S. E., Fifth Floor, ROanoke, Virginia 24011
Nancy McCrickard, Executive Director,. Science Museum of Western
Virginia, One Market Street, S. E., #4, Roanoke, Virginia 24011
Bamidele Demerson, Executive Director, Harrison Museum of African
American Culture, P. O. Box 12544, Roanoke, Virginia 24026-2544
Nancy Brattin, Branch Director, YMCA of Roanoke Valley, Inc., 520 Church
Avenue, S. W., Roanoke, Virginia 24009
Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
James Grigsby, Assistant City Manager for Operations
R. Brian Townsend, Assistant City Manager for Community Development
, Sherman M. Stovall, Director, Management and Budget
-~~i
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of November, 2008..
No. 38276-111708.
A RESOLUTION expressing the intent of City Council to include in future City budgets
certain funding for capital projects to be undertaken by Center in the Square, the Science Museum of
Western Virginia, the Harrison Museum of African American Culture, and the YMCA.
WHEREAS, Council is desirous of supporting a capital projectto be undertaken by Center in
the Square by contributing $1,500,000 for such project in future years;
WHEREAS, Council is desirous of supporting a capital project to be undertaken by the
Science Museum of Western Virginia by contributing $500,000 for such project in future years;
WHEREAS, Council is desirous of supporting a capital project to be undertaken by the
Harrison Museum of African American Culture by contributing $500,000 for such project in future
years; and
WHEREAS, Council is desirous of supporting a capital project to be undertaken by the
YMCA by contributing $500,000 for such project in future years;
. THEREFORE, BE IT RESOLVED by the Council ofthe City of Roanoke that it does hereby
express its intent to include in future City budgets funding as described above and further described
in the City Manager's report to Council of November 17,2008.
ATTEST:
~m.~aN
City Clerk.
K,\MEASURES\CAPITAL PROJECT CONTRIBUTIONS 200B.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
November 17, 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: Capital Project Contributions
Background:
On November 3,2008, City Council was briefed on capital project contribution requests
from Center in the Square, the Science Museum of Western Virginia, the Harrison
Museum of African American Culture and the YMCA. Each agency has made a request
for capital funding to support capital improvements as outlined below.
Center in the Square has requested $2.5 million to support a $25.3 million project
which includes a redesigned, interactive and open atrium area, first floor fa<;:ade
improvements, an upgrade of mechanical, electrical and plumbing systems,
reconfiguration of space and opportunities for a roof-top green-energy laboratory that
would allow for a cafe and butterfly aviary,
The Science Museum of Western Virginia has requested $750,000 to support a $5
million project which includes reinvention and redesign of the museum and galleries
focusing on environmental stewardship, healthy living and improvement of science,
technology, engineering and mathematics literacy.
The Harrison Museum of African American Culture has requested $750,000 to support
a $2.14 million project which includes transition of the museum location to Center in
the Square. Specifically, the project will include construction of gallery and lobby space,
electronic media components and the construction of administrative offices.
The YMCA of Roanoke Valley has requested $600,000 to support a $2.5 million project
for the expansion of YMCA facilities. It should be noted that the City has contributed
$1.4 million towards a $2 million commitment spanning ten years to the YMCA.
Honorable Mayor and Members of City Council
November 17, 2008
Page 2
Considerations:
In reviewing the requests, consideration was given to the level of capital funding
support provided to projects such as the Art Museum, TAP Dumas Center, Grandin
Theater and Mill Mountain Zoo. On November 3, 2008, Council indicated agreement to
fund the capital requests as follows:
Center in the Square $1,500,000
Science Museum $ 500,000
Harrison Museum $ 500,000
YMCA $ 500,000
.Recommended Action:
City Council concur in the recommendation for Council to express its intent to include
in future City budgets funds to support capital projects in the amount of:
Center in the Square $1,500,000
Science Museum $500,000
Harrison Museum $ 500,000
YMCA $500,000
Funding for Center in the Square, the Science Museum and Harrison Museum is to be
provided over five years subject to each organization demonstrating that it has raised,
and has on hand, cash to match the contribution. The first allocation of funding for
these contributions would be in FY 201 O. The anticipated funding source for the Center
in the Square, Science Museum and Harrison Museum commitments will be excess debt
service funding (available for cash-funded capital until debt is issued) or budgeted
capital funding. Total funding for the Harrison Museum will include $1 OO,QOO provided
from Community Development Block Grant (CDBG) funds. Funding for the YMCA will be
included in future operating budgets when feasible but may be provided through
additional installments from the Economic and Community Development Reserve until
incorporation into the annual budget process.
Darlene L. Bu cham
City Manage
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
James Grigsby, Assistant City Manager for Operations
Sherman M.Stovall, Director of Management and Budget
CM08-00 1 77
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
November 18, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38277-111708 authorizing the City
Manager to enter into the 2008-2009 Community Development Block Grant
subgrant Agreement with Total Action Against Poverty in the Roanoke Valley,
Inc., 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, November 17, 2008. .
Sincerely,
~in. '1l1YV
Stephanie M. Moon, CMC
City Clerk
SM M: ew
Attachment
pc: Theodore J. Edlich, III, Executive Director, Total Action Against Poverty,
P. O. Box 2868, Roanoke, Virginia 24001-2868
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
Frank E. Baratta, Budget Team Leader
7&;'.~
\\~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of November, 2008.
No. 38277-111708.
A RESOLUTION authorizing the City Manager to enter into the 2008-2009 Community
Development Block Grant ("CDBG") sub grant Agreement with Total Action Against Poverty in the
Roanoke Valley, Inc., ("TAP"), upon certain terms and conditions.
BE IT RESOLVED by the Council ofthe City of Roanoke that the City Manager and the City
Clerk, are hereby authorized, for and on behalf of the City, to execute and attest, respectively, on
behalfofthe City, the 2008-2009 CDBG sub grant Agreement with TAP, approved as to form by the
City Attorney, within the limits of funds and for the purposes as more particularly set forth in the
City Manager's letter dated November 17,2008.
ATTEST:
~trJ.m66Yv
City ClerIc - )
R-CDBG- T AP-08-09.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
November 17, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice-Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: 2008-2009 CDBG Agreement
with Total Action Against
Poverty in the Roanoke Valley,
Inc. (TAP)
Background:
Since 1965, Total Action Against Poverty in the Roanoke Valley, Inc. (TAP) has
developed and executed programs that promote adequate housing, employment,
health and nutrition, and education for the citizens of Roanoke and surrounding
areas. To date, TAP's Emergency Home Repair program has performed emergency
home repairs for approximately 139 needy citizens of Roanoke. On May 12, 2008,
City Council authorized TAP to conduct housing activities in our community by
Resolution No. 38083-051208, which approved the City's 2008-2009 Action Plan
Consolidated Plan for submission to the U.S. Department of Housing and Urban
Development (HUD). City Council accepted the 2008-2009 CDBG funds on June
16,2008, by Budget Ordinance No. 38136-061608 and Resolution No. 38135-
061608.
Considerations:
In order that TAP may conduct its approved 2008-2009 housing activities, City
Council's authorization is needed to execute a subgrant agreement. Necessary
CDBG funding is available in the account listed in the draft Agreement included
with this report. A total of $1 00,000 is being provided to TAP to provide limited
Honorable Mayor and Members of City Council
Novem,ber 17, 2008
Page 2
and emergency repairs to 19 homes city-wide, with the excepti.on of the Hurt Park
neighborhood, which TAP will assist through a separate agreement. The
agreement would be effective from July 1 , 2008, until June 30, 2009.
Recommended Action:
Authorize the City Manager to execute the 2008-2009 CDBG subgrant Agreement
with Total Action Against Poverty in the Roanoke Valley, Inc., similar in form and
content to the draft attached to this report, such agreement to be approved as to
form by the City Attorney.
Respectfully submitted,
lJA~J
Darlene L. Bur
City Manager
DLBjslp
Attachments: 1
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Thomas N. Carr, Director of Planning, Building & Development
Frank E. Baratta, Budget Team Leader
CM08-00173
AG REEM ENT
This agreement is made and entered into this 17th day of November, 2008, by
and between the following parties:
The Grantee
City of Roanoke, Virginia
21 5 Church Avenue, S.W.
Roanoke, Virginia 24011
The Subgrantee
Total Action Against Poverty
in the Roanoke Valley, Inc.
145 W. Campbell Ave~, S.W.
Roanoke, Virginia 24011
WITNESSETH
WHEREAS, by Resolution No. 38083-051208, adopted May 12, 2008, Roanoke
City Council approved the 2005-2010 Consolidated Plan which included the
2008-2009 Action Plan; and
WHEREAS, by Resolution No.3 8135-061608, adopted June 16, 2008, Roanoke
City Council approved the acceptance of the 2008-2009 Community
Development Block Grant (CDBG) program and by Ordinance No. 38136-
061608 appropriated the funds thereto, of which One Hundred Thousand and
00/100 Dollars ($100,000) in Community Development Block Grant funds is
to be provided to the Subrantee to provide limited and emergency repairs to
single-family homes in Roanoke, excluding the Hurt Park neighborhood; and
WHEREAS, by Resolution No. _____-111708, adopted November 17, 2008 City
Council authorized the City Manager to execute an agreement for the
purposed specified herein. . ,
NOW, THEREFORE, the parties hereto mutually agree as follows:
1 . SCOPE OF SERVICES:
a. General - Activities to be undertaken by the Subgrantee under this
Agreement shall be known as the "2008-2009 Housing and
Community Development (HCD) Emergency Home Repair Program"
(the "Program") and have as their purpose the rehabilitation of single-
family housing. Through CDBG funding provided by the Grantee, the
Subgrantee will provide limited and emergency repairs. to
approximately nineteen (19) homes throughout the city, excluding
the Hurt Park neighborhood. Repairs to houses will address such
problems as falling plaster, broken water lines, holes in roofs and the
repair and/or replacement of furnaces. The Subgrantee will contract
Page 1 of23 Pages
out for all repair work on a bid basis, with the lowest responsive and
responsible bidder selected. All contractors selected to provide
rehabilitation services. under the Program will be properly licensed
and insured. All homes assisted with CDBG funds under this
Agreement shall be the principal residences of "eligible homeowners,"
as described" in section 1.b. below.
b. Eligible Homeowners -- For the purposes of this Agreement, an
"eligible homeowner" shall mean a family whose income, adjusted for
family size, does not exceed 80% of the area median income defined
by the U.s. Department of Housing and Urban Development ("HUD")
and in effect at the time the family applies for assistance. In addition,
the home for which the family is applying for assistance must be the
family's principal residence. The Subgrantee shall prepare, and retain
with records of the Program, documentation of its determination of
each eligible family's size and income, including the name, age, and
the sources and estimated amount of income anticipated for the
succeeding twelve months for each individual related by 'birth,
marriage or adoption living in the same household at the time of the
determination.
c. Performance Expectations and Schedule
1. HUD Outcome Measurement: The primary outcome of the HUD
Performance Measurement System addressed by this program,
project or activity is:
. Provide decent housing through improved affordability of
home emergency repairs for low- to moderate-income
persons.
2. Specific Quantifiable Objectives: It is expected that this program,
project or activity will achieve the following:
By June 30~' 2009, nineteen (19) eligible homeowners will receive
emergency home repairs, thereby improving their overall safety and
health and allowing them to continue living independently in their
homes.
(1) By September 30, 2008, six (6) homeowners shall have:
(a) Completed formal applications and had program
eligibility verified;
(b) Received a home visit from the Contractor and Services
Coordinator to assess damages, take pictures and make
cost estimates;
(c) Contracts for repair work executed;
Page 2 of23 Pages
(d) Contracted repair work completed;
(e) Work inspected by the Service Coordinator, who will also
take pictures and have homeowner complete a client
response form;
(f) Payment made to contractor following successful
inspection of the job.
(2) By December 31, 2008, a cumulative total of thirteen (13)
homeowners shall have completed the services set forth in
section 1 .c(1) above.
(3) By March 31, 2009, a cumulative total of sixteen (16)
homeowners shall have completed the services set forth in
section 1 .c(1) above. '
(4) By June 30, 2009, a cumulative total of nineteen (19)
homeowners shall have completed the services set forth in
section 1 .c(1 ) above.
d. Eligible Use of CDBG Funds
1. Eligible CDBG Activity: Rehab; Single-Unit Residential 24 CFR
5 70.202(a)(1 )
2. Eligible Broad National CDBG Objective: Housing for Low- and
Moderate-Income Persons; 24 CFR 570.208(a)(3)
2. PERIOD OF PERFORMANCE
This Agreement shall be effective retroactively as of July 1, 2008, and,
unless amended, shall end June 30, 2009.
3. BUDGET
a. General -- Unless amended, the total amount of CDBG funds provided
by the Grantee under this Agreement shall not exceed One Hundred
Thousand and 00/100 dollars $100,000.00, of which: (a) not less than
$76,000.00 shall be used for housing repair costs; and (b) not more
than $24,000.00 may be used by the Subgrantee for program delivery
and indirect (administrative) costs. The indirect costs are based on a
plan approved by the Subgrantee's cognizant federal agency (the U.S.
Department of Health and Human Services) and accepted by the
Grantee for the purposes of this Agreement. At the sole discretion of
the Grantee, any funds remaining unexpended as of the end date of
this Agreement may be deobligated from the Agreement and made
available for other CDBG projects of the Grantee, as appropriate.
Page 3 of23 Pages
b. Allowable Expenditures -- Except as restricted herein, funds provided
by the Grantee under this Agreement may be used for any necessary,
reasonable and allowable cost associated with this housing
rehabili'tation program. "Project" funds may include such items as the
labor and materials costs of work performed by contractors, building
permits and similar costs related to the rehabilitation of housing.
"Delivery" funds may include the wages and benefits of staff or other
operating costs ,directly associated with providing housing
rehabilitation services to homeowners. "Administrative" funds are
provided solely for indirect costs of the Subgrantee attributable to its
general management and administration of this program. The
purchase of real or personal property or equipment are not allowable
costs under this Agreement.
c. Subgrantee Investment -- It is understood that the Subgrantee will
leverage approximately $112,975.00 in state and private funds
toward the project.
4. REQUESTS FOR DISBURSEMENTS OF FUNDS
a. This is a cost-reimbursement Agreement. Disbursement of funds
under this Agreement may be requested only for necessary,
reasonable and allowable costs for which the Subgrantee has made
payment during the period of performance set forth in section 2
above.
b. In general, disbursements shall be requested no more frequently than
monthly, and shall be submitted to the Grantee's Department of
Planning, Building and Development in form and content satisfactory
to the Grantee, including copies of invoices or bills from vendors
supporting the request. Such supporting documentation will bear a
date paid stamp, indicating the date and check number by which the
cost was paid or be accompanied by an agency payment voucher
providing this information. . Requests for disbursement of funds
"related to the payment of staffwages and benefits shall be supported
by payroll summaries or similar documentation. Requests for
disbursement offunds for indirect costs shall indicate the amount of
indirect costs being requested; by virtue of the Grantee's acceptance
of the Subgrantee's indirect cost plan, no other supporting
documentation shall be required for disbursement funds for indirect
costs.
c. Disbursement of requested funds to the Subgrantee for properly
documented necessary, reasonable and allowable costs will generally
be made within ten (10) days of receipt, subject to the timely receipt
of monthly reports (see section 6 below).
Page 4 of23 Pages
d. All requests for disbursements of funds associated with act-ivities
under this Agreement must be received by the Grantee within 30
calendar days of the ending date set forth in section 2 above. The
Grantee shall not be bound to honor requests for disbursements
received after this 30-day period has expired.
I
5. RECORDS REQUIREMENTS
a. Records to be maintained -- At a minimum, the Subgrantee shall
maintain financial and project documents and records which comply
with the requirements of24 CFR 570.506, and 570.507, as applicable.
b. Period of record retention -- In compliance with the requirements of
24 CFR 570.502(b), the Subgrantee shall retain financial and project
documents and records pertaining to this Agreement for a period of
four (4) years, as applicable, or the conclusion of any legal or
administrative process requiring their use, whichever is later.
c. Access to records -- The Grantee and other entities shall have access
to financial and project documents and records pertaining to this
Agreement in compliance with the applicable requirements of 24 CFR
84.53.
6. REPORTING REQUIREMENTS
a. By the 7th working day following the end of each month, the
Subgrantee shall report the progress of activities covered by this
Agreement, in a format acceptable to the Grantee's Department of
Planning, Building and Development. Such monthly reports shall
include, but not be limited to, the following:
(1) A narrative section su mmarizing progress to-date on the
program(s) included under the Scope of Services;
(2) Certifications regarding debarment and suspension of
contractors, as described in section 1 3.h. below.
(3) A table providing data on each housing unit and eligible family
assisted (see Attachment A for minimum data elements to be
reported).
(4) A table providing data on the demographics of all households
serveq (see Attachment B).
b. The Subgrantee agrees to submit any other reports or documentation
as requested by the Grantee concerning activities covered under this
Page 5 of23 Pages
agreement.
7. MONITORING
The Subgrantee shall monitor the progress of the project covered by this
Agreement, and shall submit appropriate reports to the Grantee's
Department of Planning, Building and Development. In addition, it is the
Grantee's intention to monitor the Subgrantee's performance andfinancial
and .programmatic compliance, which may include on-site reviews, at least
once during the period of this Agreement.
8. ANNUAL AUDIT
As an entity receiving less than $50.0,000 in federal funding from the
Grantee, the Subgrantee shall not be required by the Grantee to undergo
an annual independent audit of the CDBG expenditures under this
Agreement. Furthermore, no expenditures with respect to any such audit
undertaken by the Subgrantee's own initiative shall be chargeable to the
funds under this Agreement.
9. PROGRAM INCOME:
"Program income" means gross income received by the Grantee or
Subgrantee directly generated from the use of CDBG funds. Program
income from any and all sources shall be submitted to the Grantee within
five (5) days of its receipt by the Subgrantee. No program income is
expected.
10. INSURANCE REQUIREMENTS
The Subgrantee involved in this Agreement shall maintain the insurance
coverages set forth in Attachment C to this Agreement and provide the
proof of such insurance coverage as called for in Attachment C. Such
insurance coverage shall be obtained at the Subgrantee's sole expense,
approved by the City's Risk Manager, maintained during the life of the
Agreement and shall be effective prior to the beginning of any work or
other performance by the Subgrantee under this Agreement. Additional
insured endorsements, if required, must be received by the City within 30
days of the execution of this Agreement or as otherwise required by the
City's Risk Manager.
11. REVERSION OF ASSETS
a. Upon expiration or termination of this Agreement, including any
amendments thereto, the Subgrantee shall transferto the Grantee any
CDBG funds or Program Income on hand at the time of expiration or
termination and any accounts receivable attributable to the use of
Page 6 of23 Pages
CDBG funds.
b. Any real property under the Su bgrantee'scontrol that was acquired or
improved, in whole or in part, with CDBG funds in excess of $25,000:
(1) Shall continue for a period of not less than five years following
expiration of this Agreement, including any amendments thereto,
to be used to meet one of the CDBG national objectives cited in
24 CFR 570.208; or
(2) If the property is not used in accordance with paragraph (1)
above, the Subgrantee shall pay. the Grantee an amount equal to
the current market value of the property less any portion of the
value attributable to expenditures of non-CDBG funds for the
acquisition of, or improvement to, the property. The payment
shall be considered Program Income to the Grante'e.
12. SUSPENSION AND TERMINATION
In the event the Subgrantee materially fails to complywith any term ofthe
Agreement, the Grantee may suspend or terminate, in whole or in part,
this Agreement or take other remedial action in accordance with 24 CFR
85.43. The Agreement may be terminated for conveni.ence in accordance
with 24 CFR 85.44.
13. COMPLIANCE WITH FEDERAL REGULATIONS
The Subgrantee agrees to abide by the HUD conditions for CDBG programs
as set forth in Attachment D and all other applicable federal regulations
relating to specific programs performed hereunder. Further, the
Subgrantee agrees to require compliance with applicable federal
regulations of the contractor by agreement.
14. . OTHER PROGRAM/PROJECT REQUIREMENTS
In addition to other requirements set forth herein, the Subgrantee shall
likewise comply with the applicable provisions of Subpart K of24 CFR 570,
in accordance with the type of project assisted. Such other requirements
include, but are not necessarily limited to, the following.
a. Property standards and lead-based paint -- All housing assisted shall
meet the Statewide Building Code arid the lead-based paint
requirements in 24 CFR 570.608. In accordance with regulations, the
Subgrantee shall adhere to lead-based paint -abatement practices, as
applicable, and in no case shall use lead-based paint in the
construction or rehabilitation of the properties assisted under this
Agreement.
Page 7 of23 Pages
./
b.
Section 109 -- In accordance with Section 109 of the Housing and
Community Development Act of 1974 (42 U.S.c. 3535(d)), no person
in the United States shall on grounds of race, color, religion, sex or
national origin be ex.c1uded from participation in, denied the benefits
of, or subjected to discrimination under any program or activity
funded in whole or in part with funds available under this Agreement.
(See also Attachment C.)
c.
Conditions for religious organizations -- The Subgrantee shall not
grant or loan any CDBG funds to primarily religious organizations for
any activity including secular activities. In addition, funds may not be
used to rehabilitate or construct housing owned by primarily religious
organizations or to assist primarily religious organizations in
acquiring housing. In particular, there shall be no religious or
membership criteria for homeowners to be assisted under this
Agreement.
d.
Labor standards -- As herein structured, the program covered by this
Agreement is not considered subject to federal Labor Standards,
including prevailing (Davis-Bacon) wage rates for non-volunteer labor.
e.
Environmental standards -- In accordance with 24 CFR 570.604, the
activ.ities under this Agreement are subject to environmental review
requirements. Such requirements may include, but are not necessarily
limited to, historic significance, floodplain, and hazardous sites. The
Grantee has performed the tiered review necessary to initiate the
preliminary program activities; however, no CDBG funds may be
expended for a given property prior to the Subgrantee's completing
its individual property review, any required remedial actions and the
required Subgrantee environmental checklist, which must include all
compliance categories specified by HUD and the Grantee. All
specifications for proposed housing rehabilitation under this
Agreement will be su bmitted to the Grantee's Department of Planning,
Building and Development for review as to compliance with Section
106 of the National Historic Preservation Act. The results of this
historic review shall be reflected in the Subgrantee's environmental
checklist.
/
f.
Displacement and relocation -- In accordance with 24 CFR 570.606,
the Subgrantee shall take all reasonable steps to minimize
displacement as a result of the activities described in section 1. Any
persons displaced as a result of the activities under this Agreement
shall be provided relocation assistance to the extent permitted and
required under applicable regulations.
g.
Emplovment and contracting opportunities -- In accordance with 24
Page 8 of23 Pages
CFR 570.607, the activities under this Agreement are subject to the
requirements of Executive Order 11246, as amended, and Section 3 of
the Housing and Urban Development Act of 1968. The former
prohibits discrimination on federally-assisted construction contracts
and requires contractors to take affirmative action regarding
employment actions. The latter provides that, to the greatest extent
feasible and consistent with federal, state and local laws, employment
and other economic opportunities arising housing rehabilitation,
housing construction and public construction projects shall be given
to low- and very-low-income persons. (See also Attachment C.)
h. Debarment and suspension n In accordance with 24 CFR 24, the
Subgrantee shall not employ or otherwise engage any debarred,
suspended, or ineligible contractors or su bcontractors to conduct any
activities under this Agreement. The Subgrantee will. consult
appropriate references, including, but not limited to, the Excluded
Parties Listing Se.rvice website at http.//ep/s.arnet.gov, to ascertain
the status of any third parties prior to engaging their services. The
Subgrantee will submit to the Grantee's Department of Planning,
Building and Development the names of contractors and
subcontractors selected under this Agreement, including a
certification by the Subgrantee that it has determined that none of
these entities are presently debarred, suspended, or ineligible.
i. Uniform administrative requirements -- The Subgrantee shall comply
with the requirements and standards set forth in 24 CFR 570.502, and
all applicable CDBG and other federal regulations pertaining to the
activities performed under this Agreement.
j. Conflict of interest.-- In accordance with 24 CFR 570.611, no covered
individual who exercises any functions or responsibilities with respect
to the program, during his tenure or for one (1) year thereafter, shall
have any interest, direct or indirect, in any contractor subcontract, or
the proceeds thereof, for work to be performed in connection with the
program assisted under this Agreement. The Subgrantee shall
incorporate, or cause to be incorporated, in any contracts or
subcontracts pursuant to this Agreement a provision prohibiting such
interest pursuant to the purposes of this section.
1 5. EQUAL EM PLOYM ENT OPPORTU N ITY
Non-Discrimination: During the performance of this Agreement, the
Subgrantee agrees as follows:
a. The Subgrantee will not discriminate against any employee or
applicant for employment because of race, religion, color, sex,
national origin, age, disability, or any other basis prohibited by state
Page 9 of23 Pages
law relating to discrimination in employment, except where there is a
bona fide occu pational qualification reasonably necessary to the
normal operation of the Subgrantee. The Subgrantee agrees to post
in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this
nondiscrimination clause.
b. The Subgrantee, in all solicitations or advertisements for employees
placed by or on behalf of the Subgrantee, will state 'that such
Subgrantee is an equal opportunity employer.
c. Notices, advertisement and solicitations placed in accordance with
federal law, rule or regulation shall be deemed sufficient for the
purpose of meeting the requirements of this section.
d. The Subgrantee will include the provisions of the foregoing
subsections (a), (b) and (c) in every contract or purchase order of over
ten thousand dollars and no cents ($10,000.00) so that the provisions
will be binding upon each contractor or vendor.
16. DRUG-FREE WORKPLACE
The Subgrantee will: (i) provide a drug-free workplace for the Subgrantee's
employees; (ij) post in conspicuous places, available to employees and
applicants for employment, a statement notifying employees that the
unlawful manufacture, sale, distribution, dispensation, possession, or use
of a controlled substance or marijuana is prohibited in the Subgrantee's
workplace and specifying the actions that will be taken against employees
for violations of such prohibition; (iii) state in all solicitations or
advertisements for employees placed by or on behalf of the Subgrantee
that the Subgrantee maintains a drug-free workplace; and (iv) include the
provisions of the foregoing clauses in every subcontract or purchase order
of over ten thousand dollars and no cents ($10,000.00), so that the
provisions will be binding upon each subcontractor or vendor. For the
purposes of this subsection, "drug-free workplace" means a site for the
performance of workdone in connection with this contract.
/
17. FAITH-BASED ORGANIZATIONS
Pursuant to '2.2-4343.1 of the Code of Virginia (1950), as amended. the
City of Roanoke does not discriminate against faith-based organizations.
18. COMPLIANCE WITH IMMIGRATION LAW
Pursuant'to 9 2.2-4311.1 of the Code of Virginia, the Subgrantee does not,
and shall not during the performance of this Agreement in the
Commonwealth, knowingly employ an unauthorized alien as defined in the
Page 10 of23 Pages
federal Immigration Reform and Control Act of 1986. .
19. THIRD-PARTY CONTRACTS
The Grantee shall not be obligated or liable hereunder to any party other
than the Subgrantee.
20. INDEMNIFICATION
The Su bgrantee agrees and binds itself and its successors and assigns to
indemnify, keep and hofd the Grantee and its officers, employees, agents,
volunteers. and representatives free and harmless from any liability on
account of any injury or damage of any type to any person or property
growing out of or directly or indirectly resulting from any act or omission
of the Subgrantee including: (a) the Subgrantee's use of the streets or
sidewalks of the Grantee or other public property; (b) the performance
under this Agreement; (c) the exercise of any right or privilege granted by
or under this Agreement; or (d) the failure, refusal or neglect of the
Subgrantee to perform any duty imposed upon or assumed by Subgrantee
by or under this Agreement. In the event that any suit or proceeding shall
be brought against the Grantee or any of its officers, employees, agents,
volunteers or representatives at law or in equity, either independently or
jointly with the Subgrantee on account thereof, the Subgrantee, upon
notice given to it by the Grantee or any ofits officers, employees, agents,
volunteers or representatives, will pay all costs of defending the Grantee
or anyof its officers,employees, agents, volunteers or representatives in
any such action or other proceeding. In the event of any settlement or any
final judgement being awarded against the Grantee or any of its officers,
employees, agents, volunteers or representatives, either independently or
jointly with the Subgrantee, then the Subgrantee will pay such settlement
or judgement in full or will comply with such decree, pay all costs and
expenses of whatsoever nature and hold the Grantee or any of its officers,
employees, agents, volunteers or rep~esentatives harmless therefrom.
21 . INDEPENDENT PARTIES
The relationship between the Subgrantee and the Grantee is not intended
in any way to create a legal agency or employment relationship. Both
parties acknowledge that neither is an agent, partner or employee of the
other for any purpose. The Subgrantee shall be responsible for causing all
required insurance, workers' compensation and unemployment insurance
to be provided for all of the Su bgrantee's employees and su bcontractors.
The Subgrantee shall be responsible for all actions of the Subgrantee, its
employees, agents and any of the Subgrantee's subcontractors, and that
they are properly licensed.
22. NOTICE
Page 11 of23 Pages
Any notice, request, or demand given or required to be given under this
Agreement shall, except as otherwise expressly provided herein, be in
writing and shall be deemed duly given only if delivered personally or sent
by certified mail, return receipt requested to the addresses stated below.
To the Grantee:
Darlene L. Burcham, City Manager
Room 364, Noel C. Taylor Municipal Building
21 5 Church Avenue, S. W.
Roanoke, Virginia 24011
To the Subgrantee:
Theodore J. Edlich, III, President
Total Action Against Poverty
145 W. Campbell, S.W.
Roanoke, Virginia 24011
Notice shall be deemed to have been given, if delivered personally, upon
delivery, and if mailed, upon the third business day after the mailing
thereof.
23. SUCCESSORS
This Agreement shall be binding upon each of the parties, and their
assigns, purchasers, trustees, and successors.
24. ENTIRE AGREEMENT
This Agreement, including all of its Attachments, represents the entire
agreement between the parties and shall not be modified, amended,
altered or changed, except by written agreement executed by the parties.
25. AMENDMENTS
The Grantee may, from time to time, require changes in the obligations of
the Subgrantee hereunder, or its City Council may appropriate further
funds for the implementation of this CDBG rehabilitation project. In such
event or events, such changes which are mutually agreed upon by and
between the Grantee and the Subgrantee shall be incorporated by written
amendment to this Agreement.
26. GOVERNING LAW
This Agreement shall be governed by laws of the Commonwealth of
Virginia.
27. AVAILABILITY OF FUNDS
Page 12 of23 Pages
CDBG funding to be made available by the Grantee under this Agreement
is contingent upon necessary appropriations by the U.S. Congress. In the
event that sufficient funds are not appropriated, at the sole discretion of
the Grantee, this Agreement may be terminated in whole or in part.
28. ANTI-LOBBYING
To the best of the Subgrantee's knowledge and belief, no federal
appropriated funds have been paid or will be paid, by or on behalf of it, to
any persons for influencing .or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract,. grant, loan, or cooperative
agreement. If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress
in connection with this Agreement, the Subgrantee will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year hereinabove written:
ATTEST:
FOR THE GRANTEE:
B .
Y ---------------------------------
Stephanie M. Moon, City Clerk
B .
y ------------------------------------
Darlene L. Burcham, City Manager
ATTEST:
FOR THE SUBGRANTEE:
By _________________________________
Lora Brown, Asst. to the President
President
By ____________________________________
Theodore J. Edlich, III,
APPROVED AS TO CDBG ELIGIBILITY
. APPROVED AS TO FORM
Page 13 of23 Pages
By _________________________________
Planning, Building & Development
By ____________________________________
Assistant City Attorney
APPROVED AS TO EXECUTION
APPROPRIATION AND FUNDS
FOR THIS CONTRACT CERTIFIED
By _________________~---------------
Assistant City Attorney
By __________~_________________________
Director of Finance
Date
3 5-G09-0920-54 70 $ 76,000.00 (Project)
Account# 35-G09-0920-5483 $24.000.00 (Delivery)
Attachments
Attachment A - Housing/Beneficiary Reporting Elements
Attachment B - Housing/Beneficiary Demographics Report
Attachment C - Insurance Requirements
Attachment D - Special Federal Terms and Conditions
Page 14 of23 Pages
Attachment A
Housing/Beneficiary Reporting Elements
On a monthly basis, the Subgrantee shall provide a narrative report to the
Grantee summarizing progress on the project to-date. Accompanying the
narrative, the Subgrantee shall submit data in a table or spreadsheet format that
is needed in order that the Grantee may complete its required reports to HUD.
Data provided by the Subgrantee shall be cumulative to date and include:
Property
Address
Number of bedrooms
Status (pending, under construction, completed or sold)
Homeowner
Name
Total family income (projected for 12 months following
determination)
Number in family
Whether head of household is disabled
CDBG funds committed to property
Prime Contractor (if applicable)
Name
Federall.D. Number (or Owner Social Security Number)
Whether Minority-Owned, Women-Owned or Both
CDBG funds committed to Prime
Subcontractor (if applicable; provide separate data for each subcontractor)
Name
Federall.D. Number (or Owner Social Security Number)
Whether Minority-Owned, Women-Owned or Both
CDBG funds committed to Subcontractor
Page 15 of23 Pages
Attachment B
Housing/Beneficiary Demographics Report
Also accompanying the monthly narrative report and the reporting elements
given in Attachment A, the Subgrantee shall provide the demographics report in
the format provided below.
DIRECT BENEFICIARY REPORT
Program / Activity Name Reporting Period
1 Counts by: ___ Households or ___ Persons? (Check the one that applies.)
# of New Participants this Period (if
2 applicable):
(cumulative to
3 TOTAL # BENEFITING FROM ACTIVITY: . date)
(Beginning 07/01/08 - Ending 06/30/09)
4, RACIAL INFORMATION (cumulative to date) # TOTAL # HISPANIC
White:
Black/African American:
Asian:
American Indian / Alaskan Native:
Native Hawaiian / Other Pacific Islander:
American Indian / Alaskan Native & White:
Asian & White:
Black/African American & White:
Am. Indian/Alaskan Native & Black/African Am.:
Other Multi-Racial:
TOTAL:
5 # - FEMALE HEAD OF HOUSEHOLD: ~
6 INCOME INFORMATION (cumulative to date) # TOTAL
< 80% of Median (Low Income Limit)
< 50% of Median (Very Low Income)
< 30% of Median
TOTAL:
.Pre pared by: ____________.:.__________________ Date Prepared: ________________
Revised 7/07
Page 16 of23 Pages
Attachment C
City of Roanoke
Subrecipient Insurance Requirements
Your attention is directed to the insurance requirements below. Particular
attention should be given to Best's Guide rating requirement listed below.
Please consult your insurance carrier(s) or broker(s) regarding the insurance as
prescribed and provided herein. Failure to comply with and maintain insurance
requirements may result in the interruption, suspension or termination of the
activities under this Agreement.
Type of Insurance Coveraqe
General Auto Liability Workers' Medical
Liability Compensation Malpractice
Required by Yes Yes Yes No
contract?
Workers'
$1,000,000 $250,000 Compensation
Minimum Limits Combined Combined to Statutory
of Cove rage Single Limit Single Limit Limits; N/A
Per $100/500/10
Occurrence Per Accident o Employers'
Liability Limit
Minimum Best's A-VII; must A-VII; must A-VII; must be
Guide Rating / be an be an an admitted N/A
Other admitted admitted
Requirements insurer insurer insurer
Additional
Insu red Yes N/A N/A N/A
Endorsement
Requ ired?
Waiver of Yes N/A Yes N/A
Su brogation?
Comments None
Any insurance certificates evidencing coverage for which an additional insured
endorsement is required must contain substantially the following language, ''The
City of Roanoke, its officers, agents, employees and volunteers are additionally
insured for..." Additional insured coverage must be primary and the city's
insurance program must be non-contributory:
Attachment D
Page 17 of23 Pages
u.s. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIAL TERMS AND CONDITIONS
(Agreements $10,000 or Over)
1. "Section 3" Compliance -- Provision of Training, Employment and
Business Opportunities:
a. The work to be performed under this contract is on a project assisted
under a program providing direct Federal financial assistance from
the Department of Housing and Urban Development and is subject to
the requirements of Section 3 of the Housing and Urban Development
Act of 1968, as amended, 12 U.S.c. 170. Section 3 requires that to
the greatest extent feasible opportunities for training and
employment be given lower income residents of the project area and
contracts for work in connection with the project be awarded to
business concerns which are located in, or owned in substantial part
by persons residing in the area of the project.
b. The parties to this contract will comply with the provisions of said
Section 3 and the regulations issued pursuant thereto by the
Secretary of Housing and Urban Development set forth in 24 CFR 135,
and all applicable rules and orders of the Department issued
thereunder prior to the execution of this contract. The parties to this
contract certify and agree that they are under no contractual or other
disability which would prevent them from complying with these
requirements.
c. The Subgrantee will send to each labor organization or representative
of workers with which he has a collective bargaining agreement or
other contract or understanding, if any, a notice advising the said
labor organization or workers' representative of his commitments
under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment or training.
d. The Subgrantee will include this Section 3 clause in every subcontract
for work in connection with the project and will, at the direction of
the applicant for or recipient of Federal financial assistance, take
appropriate action pursuant to the subcontract upon a finding that
the contractor is in violation of regulations issued by the Secretary of
Housing and Urban Development 24 CFR Part 135. The Subgrantee
will not subcontract with any contractor where it has notice or
knowledge that the latter has been found in violation of regulations
under 24 CFR part 135 and will not let any subcontract unless the
contractor has first provided it with a preliminary statement of ability
Page 18 of23 Pages
to comply with the requirements of these regulations.
e. Compliance with the provisions of Section 3, the regulations set forth
in 24 CFR Part 135, and all applicable rules and orders of the
Department issued hereu nder prior to the execution of the contract,
shall be a condition of the federa.l financial assistance provided to the
project, binding upon the applicant or recipient for such assistance,
its successor and assigns. Failure to fulfill these requirements shall
subject the applicant or recipient, its Subgrantees and contractors, its
successors and assigns to those sanctions specified by the grant or
loan agreement or contract through which Federal assistance is
provided, and to such sanctions as are specified by 24 CFR Part 135.
2. Equal Employment Opportunity: Contracts subiect to Executive Order
11246. as amended: Such contracts shall be subject to HUD Equal
Employment Opportunity regulations at 24 CFR Part 130 applicable to
HUD-assisted construction contracts.
The Subgrantee shall cause or require to be inserted in full in any
non-exempt contract and su bcontract for construction work, or
modification thereof as defined in said regulations, which is paid for in
whole or in part with assistance provided under this Agreement, the
following equal opportunity clause: "During the performance of this
contract, the Subgrantee agrees as follows:
a. The Subgrantee will not discriminate against any employee or
applicant for employment because of race, color, religion, sex or
national origin. The Subgrantee will take affirmative action to ensure
that applicants are employed and that employees are treated during
employment without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion ortransfer; recruitment
or recru itment advertising; layoff or termination; rates of payor other
forms of compensation; and selection for training, including
apprenticeship. The Subgrantee agrees to post in conspicuous places
available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions ofthis
nondiscrimination clause.
b. The Subgrantee will, in all solicitations or advertisements for
employees placed by or on behalf of the Subgrantee, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
c. The Subgrantee will send to each labor union or representative of
workerswith which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided by the Contract
Page 19 of23 Pages
Compliance Officer advising the said labor union or workers'
representatives of the Subgrantee's commitment under this section
and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
d. The Subgrantee will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulatio.ns and
relevant orders of the Secretary of Labor. .
e. The Subgrantee will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the ru les,
regulations and orders of the Secretary of Labor, or pursuant thereto,
a!nd will permit access to his books, records and accounts by the
Department and the Secretary of Labor for purposes of investigation
to ascertain compliance with such rules, regulations and orders.
/"
f. In the event of the Subgrantee's noncompliance with the
nondiscrimination clauses of this contract or with any of such rules,
regulations or orders, this contract may be canceled, terminated or
suspended in whole or in part, and the Subgrantee may be declared
ineligible for further Government contracts or Federally-assisted
construction contract procedures authorized in Executive Order
11246 of September 24, 1965, or by rule, regulation or order of the
Secretary of Labor, or as otherwise provided by law.
g. The Subgrantee will include the portion of the sentence immediately
preceding paragraph (A) and the provisions of paragraphs (A) through
(G) in every subcontract or purchase order unless exempted by rules,
regulations or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24,1965, so that
such provisions will be binding upon each contractor or vendor. The
Subgrantee will take such action with respect to any subcontract or
purchase order as the Department may direct as a means of enforcing
such provisions, including sanctions for noncompliance; provided,
however, that in the event a Subgrantee becomes involved in or is
threatened with litigation with a contractor, or vendor as a result of
such direction by the Department, the Subgrantee may request the
United States to enter into such litigation to protect the interest of
the United States."
The Subgrantee further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it
participates in Federally-assisted construCtion work; provided, that if the
Subgrantee so participating is a State or local government, the above
equal opportunity clause is not applicable to any agency, instrumentality
or subdivision of such goverpment which does not participate in work on
or under the contract. The Subgrantee agrees that it will assist and
Page 20 of23 Pages
cooperate actively with the Department and the Secretary of Labor in
obtaining the compliance of Subgrantees and contractors with the equal
opportunity clause and the rules, regulations and relevant orders of the
Secretary of Labor; that it will furnish the Department and the Secretary of
Labor such compliance; and that it will otherwise assist the Department in
the discharge of its primary responsibility for securing compliance.
The Subgrantee further agrees that it will refrain from entering into any
contract or contract modification subject to Executive Order 11246 of
September 24, 1965, with a Subgrantee debarred from, or who has not
demonstrated eligibility for GoVernment contracts and Federally-assisted
construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the equal opportu nity clause
as may be imposed upon Subgrantees and contractors by the Department
or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive
Order. In addition, the Subgrantee agrees that if it fails or refuses to
comply with these undertakings, the Department may take any or all of
the following actions: cancel, terminate or suspend in whole or in part the
grant or loan guarantee; refrain from extending any further assistance to
the Subgrantee under the Program with respect to which the failure or
refusal occurred until satisfactory assurance offuture compliance has been
received from such Subgrantee; and refer the cause to the Department of
Justice for appropriate legal proceedings.
3. Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This
Agreement is subject to the requirements of Title VI of the Civil Rights Act
of 1964 (P.L. S8-352) and HUD regulations with respect thereto, including
the regulations under 24 CFR Part 1. In the sale, lease or other transfer of
land acquired, cleared or improved with assistance provided under this
Agreement, the Subgrantee shall cause or require a covenant running with
the land to be inserted in the deed or lease for such transfer, prohibiting
discrimination upon the basis or race, color, religion, sex or national
origin, in the sale, lease or rental, or in the use of occupancy of such land
or any improvements erected or to be erected thereon, and providing that
the Subgrantee and the United States are beneficiaries of and entitled to
enforce such covenant. The Subgrantee, in undertaking its obligation in
carrying out the program assisted hereunder, agrees to take such
measures as are necessary to enforce such covenant and will not itself so
discriminate.
4. Section 504 and Americans with Disabilities Act:
The Subgrantee agrees to comply with any federal regulation issued
. pursuant to compliance with the Section 504 of the Rehabilitation Act of
1973, as amended, and the Americans with Disabilities Act,which prohibit
discrimination against the disabled in any federal assisted program.
Page 21 of23 Pages
5. Obligations of Subgrantee with Respect to Certain Third-party
Relationships: The Subgrantee shall remain fully obligated under the
provisions of the Agreement, notwithstanding its designation of any third
party or parties for the undertaking of all or any part of the program with
respect to which assistance is being provided under this Agreement to the
Subgrantee. Any Subgrantee which is not the Applicant shall comply with
all lawful requirements of the Applicant necessary to insure that the
program, with respect to which assistance is being provided under this
Agreement to the Subgrantee is carried out in accordance with the
Applicant's Assurances and certifications, including those with respect to
the assumption of environmental responsibilities of the Applicant under
Section 1 04(h) of the Housing and Community Development Act of 1974.
6. Interest of Certain Federal Officials: No member of or delegate to the
Congress of the United States, and no Resident Commissioner, shall be
. admitted to any share or part of this Agreement or to any benefit to arise
from the same.
7. Prohibition Against Payments of Bonus or Commission: The assistance
provided under this Agreement shall not be used in the payment of any
bonus or commission for the purpose of obtaining HUD approval of the
application for such assistance, or HUD approval or applications for
additional assistance, or any other approval or concurrence of HUD
required under this Agreement, Title I of the Housing and Community
Development Act of 1974, or HUD regulations with respect thereto;
provided, however, that reasonable fees or bona fide technical, consultant,
managerial or other such services, other than actual solicitation, are not
hereby prohibited if otherwise eligible as program costs.
8. "Section 109": This Agreement is subject to the requirements of Section
1 09 of the Housing and Community Development Act of 1974, 42 U.S.c.
3535(d). No person in the United States shall on the ground of race, color,
religion, sex or national origin be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds available under
this title.
9. Access to Records and Site of Employment: This agreemellt is subject to
the requirements of Executive Order 11246, Executive Order 1375, Civil
Rights Act of 1 964, as amended. Access shall be permitted during normal
business hours to the premises for the purpose of conducting on-site
compliance reviews and inspecting and copying such books, records,
accounts, and other material as may be relevant tot he matter under
investigation and pertinent to compliance with the Order, and the rules
and regulations promulgated pursuant thereto by the Subgrantee.
Information obtained in this manner shall be used only in connection with
Page 22 of23 Pages
,
the administration of the Order, the administration of the Civil Rights At of
1964 (as amended) and in furtherance of the purpose of the Order and
that Act.
I
10. Legal. Remedies for Contract Violation: If the Subgrantee materially fails
to comply with any term of this Agreement, whether stated in a Federal
statute or regulation, an assurance, in a State plan or application, a notice
of award, or elsewhere, the City may take one or more of the following
action, as appropriate in the circumstances:
a. Temporarily withhold cash payments pending correction of the
deficiency by the Subgrantee,
b. Disallow all or part of the cost of the activity or action not in
compliance,
c. Wholly or partly suspend or terminate the current Agreement, or
d. Take other remedies that may be legally available.
Page 23 of23 Pages
.. ,
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 T. WEBB
Assistant Deputy City Clerk
November 18, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38279-111708 appropriating
funds from the Virginia Department of Emergency Management for the Regional
Hazardous Materials Response Team 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, November 17, 2008,' and is in
full force and effect upon its passage.
Sincerely,
~Oh. h)IJWV
Stephanie M. Moon, CMC
City Clerk
S M M: ew
Attachment
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
James Grigsby, Assistant City Manager for Operations
H. David Hoback, Fire-EMS Chief
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget .
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of November, 2008.
No. 38279-111708.
AN ORDINANCE to appropriate funding from the Virginia Department of
,
Emergency Management for the Regional Hazardous Materials Response Team 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 ORDAINEO by the Council of the City of Roanoke that the following
sections of the 2008-2009 Grant Fund Appropriations be, and the same are hereby,.
amended and reordained to read and provide as follows:
Appropriations
Expendable Equipment (< $5,000)
Training and Development
Expendable Equipment (< $5,000)
Training and Development
Expendable Equipment (< $5,000)
Training and Development
Expendable Equipment(< $5,000)
Training and Development
Revenues
Haz Mat Emergency Response - State FY09
Haz Mat Emergency Response - State FY10
Haz Mat Emergency Response - State FY11
Haz Mat Emergency Response - State FY12
35-520-3231-2035
35-5.20-3231-2044
35-520-3232-2035
35-520-3232-2044
35-520-3233-2035
35-520-3233-2044
35-520-3234-2035
35-520-3234-2044
35-520-3231-3231
35-520-3232-3232
35-520-3233-3233
35-520-3234-3244
$ 1 0,000 .
,5,000
10,000
5,000
10,000
5,000
10,000
5,000
15,000
15,000 '
15,000
15,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
117. ff)ooYv
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-II45
E-mail: cIerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
November 18, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38278-111708 authorizing the City
Manager to execute on behalf of the City a new four-year contract with the
Virginia Department of Emergency Management, which honors the four-year
VDEM hazardous materials team contract for the period July 1, 2008, until
June 20, 2012; and authorizing the City Manager to execute such other
documents and take such further action as may be necessary to implement and
administer such contract.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, November 17,2008.
Sincerely,
~ 1h.1Y;(j}Y\)
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
James Grigsby, Assistant City Manager for Operations
H. David Hoback, Fire-EMS Chief
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of November; 2008.
No. 38278-111708.
A RESOLUTION authorizing the City Manager to execute on behalf of the City a new four-year
contract with the Virginia Department of Emergency Management (VDEM), which honors the four-year
VDEM hazardous materials team contract for the period July 1, 2008, until June 20, 2012; and
authorizing the City Manager to execute such other documents and take such further action as may be
necessary to implement and administer such contract.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalfofthe City to execute on behalf ofthe
City a new four-year contract with VDEM, which honors the four-year VDEM hazardous materials
team contract for the period July 1, 2008, until June 20, 2012, in accordance with certain terms and
conditions as more fully set forth in the City Manager's letter to Council dated November 17,2008.
2. The form of such contract shall be approved by the City Attorney.
3. The City Manager is further authorized to execute such other documents and take such
further action as may be necessary to implement and administer such contract.
ATTEST:
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CIty ClerL
R-VDEM-haz mat 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
November 17, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Virginia Department of
Emergency Management
Hazardous Materials
Contract
Background:
Since July 1, 1986, the City of Roanoke has been under contract with the
Virginia Department of Emergency Management (VDEM) to respond to Level
III hazardous materials incidents in a regional concept involving
firefighterjEMTs from the cities of Roanoke and Salem. In July 2008, the
City renewed its agreement to participate in a Level III Regional Response
Team. This report requests the Council to authorize the City Manager to
enter into another agreement on behalf of the City with VDEM, for the next
four fiscal years Uuly 2008 - June 2012). By renewing the agreement
between the City and VDEM, the City will be able to keep its funding and
reimbursement needs current.
The City benefits in several ways from this agreement. The City receives
reimbursement for the training of its staff who are members of the
Hazardous Materials Response Team, team member physical examinations
and the purchase of related equipment. Without this state contract, the
City would still have a need for a hazardous materials response team but
would not receive the corresponding benefit of receiving reimbursement
from the Commonwealth as a Level III Regional Response Team.
.
Honorable Mayor and Members of City Council
November 17, 2008
Page 2
Considerations:
The present VDEM hazardous materials team contract expired June 30,
2008. VDEM has agreed to enter into a new four year agreement with the
City and to reimburse the City for participating as a Level III Regional
Response Team a maximum of $15,000.00 per year for a total of $60,000
over a four year period. These funds will assist the City with the purchase
. of equipment, providing physicals for team members, and in the training
of team members needed to comply with Federal and State response
criteria mandates.
Recommended Action:
Adopt the accompanying resolution authorizing the City Manager to
execute on behalf of the City a new four year contract with VDEM which
honors the four-year VDEM hazardous materials team contract for the
period July 1, 2008 until June 30, 2012, and to accept funding in the
amount of $60,000 over the four year period.
Adopt the accompanying budget ordinance to establish a revenue estimate
in the amount of $60,000 and to appropriate the same amount in accounts
to be established in the Grant Fund by the Director of Finance.
Respectfully sub . ted,
Darlene L. Bur I ham
City Manager /
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
James Grigsby, Assistant City Manager for Operations
H. David Hoback, Fire-EMS Chief
CM08-00 172
. "''';;' ,\.~ ~if .r ~ ."'{ -~
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
. Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
November 18, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38280-111708 appropnatmg
funds from the Capital Projects Fund Contingency and the Parking Fund
Retained Earnings to various project accounts, and amending and reordaining
certain sections of the 2008-2009 Capital Projects, General and Parking Funds
Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, November 17, 2008, and is in
full force and effect upon its passage.
Sincerely-,
~ Ih ~ifYt)
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 COf11munity Development
Sherman M. Stovall, Director, Management and Budget
James Grigsby, Assistant City Manager for Operations
Debbie Moses, Parking Manager
o
~/
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of November, 2008.
No. 38280-111708.
AN ORDINANCE to appropriate funding from the Capital Projects Fund
Contingency and the Parking Fund Retained Earnings to various project accounts,
amending and reordaining certain. sections of the 2008-2009 Capital Projects, General
and Parking 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, General and Parking Funds Appropriations
be, and the same are hereby, amended and reordained to read and provide as follows:
Appropriations
Roanoke Valley Historical Society .
Appropriated from Retained Earnings
Contingency
Appropriated from General Revenue
Appropriated from General Revenue
Fund Balance
Unrestricted Retained Earnings
01-300-7220-3776
07 -540-8266-9003
08-530-9575-9220
08-610-9929-9003
08-620-9765-9003
$ 33,333
72,553
(251,151)
51,151
166,667
07-3336
( 72,553)
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~ 117. 0~fYt}
. 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
November 17, 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: Mill Mountain Zoo, Historical
Society of Western Virginia and
Percent for Art Allocations
Background:
Currently, the City of Roanoke has a commitment to provide capital funding to Mill
Mountain Zoo in the amount of $500,000 over three years and to the Historical
Society of Western Virginia in the amount of $100,000 over three years. Both
agencies submitted documentation to support raising cash funding to match the
City contribution and have requested payment of the second installment. The
second installment is $166,667 for Mill Mountain Zoo and $33,333 for the
Historical Museum Society of Western Virginia. The source of funding for both
commitments will be Capital Project Contingency.
Annually, 1 % of the anticipated construction cost, up to $100,000 per project, for
eligible projects included in the Capital Improvement Program is allocated for
public art. For FY 2009, the amount to be allocated is $123,704 and is based on
the following projects:
· Police Academy
. Library
· Campbell Avenue Garage
· Market Garage
Funding for the Percent for Art Program will be allocated from Capital Project
Contingency ($51,151) and Parking Fund Retained Earnings ($72,553).
Honorable Mayor and Members of City Council
November 17, 2008
Pag e 2
Recommended Action:
Transfer funding in the amountof $251,1 51 from Capital Project Contingency to
the following project accounts:
Mill Mountain Zoo
Historical Society of Western Virginia
Percent for Art
08-620-9765-9003
01-300-7220-3776
08-610-9929-9003
$166,667
$ 33,333
$ 51,151
Appropriate funding in the amount of $ 72,553 from Parking Fund Retained
Earnings to a Percent for Art multi-year account in the Parking Fund to be
established by the Director of Finance.
Respectfully submitted,
Darlene L. Bur ham
City Manager
DLBjacm
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
James Grigsby, Assistant City Manager for Operations
Sherman M. Stovall, Director of Management and Budget
Debbie Moses, Parking Manager .
CM08-00 178
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 T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
November 18, 2008
The Honorable John S. Edwards
Member, Senate of Virginia
P. O. Box 11 79
Roanoke, Virginia 24006-1179
The Honorable William H. Fralin, Jr.
Delegate, House of Representatives
P. O. Box 20363
Roanoke, Virginia 24018
The Honorable Onzlee Ware
Delegate, House of Representatives
P. O. Box 1745
Roanoke, Virginia 24008
Gentlemen:
I am enclosing copy of Resolution No. 38281-111 708 requesting that the
General Assembly enable the City of Roanoke to regulate certain indoor and
outdoor smoking in public areas.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, November 17, 2008.
Sincerely,
~.hmw
Stephanie M. Moon, CMC (
City Clerk
SM M :ew
Enclosure
The Honorable John S. Edwards
The Honorable William H~ Fralin, Jr.
The Honorable Onzlee Ware
November 18, 2008
Page 2
pc: Thomas A. Dick, Legislative Liaison, 1108 E. Main Street, Suite 904,
Richmond, Virginia 23219
Virginians for a Healthy Future, P. O. Box 3737, Glen Allen, Virginia
23058-3737
American Lung Association of Virginia, 9221 Forest Hill Avenue,
Richmond, Virginia 23235
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
~
.J!
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of November, 2008.
No. 38281-111708.
A RESOLUTION requesting that the General Assembly enable the City of Roanoke to
regulate certain indoor and outdoor smoking in public areas.
WHEREAS, sources indicate that secondhand smoke kills at least 35,000 non-smokers
nationally and approximately 1,000 in Virginia each year;
WHEREAS, a 2006 report by the U.S. Surgeon General concluded that secondhand smoke
exposure causes disease and premature death in children and adults who do not smoke and that there is
no risk-free level of exposure to secondhand smoke; .
WHEREAS, designated smoking sections indoors do not eliminate nonsmokers' exposure to
secondhand smoke or protect the employees of these establishments;
WHEREAS, a 2006 air quality study found that air pollution in smoky restaurants, bars,
bingo halls and bowling alleys was five times worse on average than air pollution found in the
Hampton Roads Tunnel;
WHEREAS, a 2008 Mellman Group poll indicated that an overwhelming majority of
Virginia voters (75%) support a law prohibiting smoking inside workplaces, offices, bars, and
restaurants. In the same poll, 88% agreed that all workers in Virginia should be protected from
exposure to secondhand smoke in the workplace, including 75% who strongly agreed;
WHEREAS, according to the U.S. Surgeon General, the only way to fully protect employees
and the public from the hazards of secondhand smoke is to create smoke-free environments;
..0; H,; ; ~ ~.j "
K:\Measures\smoke free air resolution 2008.doc
WHEREAS, in order to respond to concerns of its residents, City Council would like to have
the authority to regulate or prohibiCsmoking in certain defined areas outdoors, such as in proximity to
the entrance to buildings, in recreational areas, and in areas where children's programs are being
conducted;
WHEREAS, smoke-free air regulations would benefit the public health;
WHEREAS, local and state governments throughout the country have successfully passed
smoke-free air laws to protect people against the harmful effects of secondhand smoke;
WHEREAS, the Council of the City of Roanoke desires to protect the health, comfort and
working environment of its residents and employees as they may be affected by smoking in various
public places in the City; and
WHEREAS, the General Assembly of the Commonwealth of Virginia has neither passed
statewide smoke-free legislation nor provided Virginia localities the legal authority through legislation
to pass local smoke-free policies.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the
General Assembly enact legislation empowering the City to enact a smoke free air ordinance at the
local level, to address the concerns enumerate above.
ATTEST:
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K:\Measures\smoke free air resolution 2008.doc
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
WILLIAM M. HACKWORTH
CIry AlTORNEY
TELEPHONE: 540-853-2431
FAX: 540.853-1221
EMAIL: cityatty@roanokeva.gov
TIMOTHY R. SPENCER
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
HEATHER P. FERGUSON
ASSISTANT CITY AlTORNEYS
November 5, 2008
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Enabling Legislation to Regulate Smoking
Dear Mayor Bowers and Council Members:
As requested during the Legislative Committee's meeting of November 3, I have
enclosed for your consideration a proposed resolution requesting that the General Assembly
enact legislation empowering the City to regulate or prohibit smoking in certain defined areas
outdoors and indoors.
With kindest personal regards, I am
Sincerely yours,
~~~
William M. Hackworth
City Attorney
WMH/lsc
c: Darlene L. Burcham, City Manager
Stephanie M. Moon, City Clerk
Thomas A. Dick, Legislative Liasion
Virginians for a Healthy Future
American Lung Association of 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
November 17, 2008
c
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: September Financial Report
The revised revenue estimate for FY09 totals $260.3 million, representing a 3.1 %
increase over the adopted budget for FY08. Additional sources of revenue include
projected increases in Real Estate and Personal Property taxes, 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 State revenues.
Revenues
The City's revenue recognition practices call for accrual back to the prior year of
revenues received within the first sixty days of a fiscal year provided the taxes relate to
the period through June 30th. This practice results in many low revenue amounts as of
the end of our first fiscal quarter. Also, variances in amounts accrued from one fiscal
year to another, as well as the timing of the actual collections in the new fiscal year,
can cause large fluctuations in the revenue amounts in the early months of one fiscal
year versus another. As of the end of September, most of the City's revenue trends
have begun to smooth and become more meaningful for comparison than in the prior
two months of the fiscal year.
This financial report covers the first quarter of activity for FY09. The revenue
recognition policies as described above explain the low percentage of budget 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 categories are
significant components of the City's revenue base and are impacted as previously
Honorable Mayor and Members of Council
November 17,2008
Page 2
noted by year end accruals. In addition, based on information received from the
Commonwealth, the City expects additional reduced funding from the State in the
amount of approximately $340,000 in FY09. Commentary on other variances is as
follows.
Permits. Fees and Licenses grew 14.6% from FY08 due to an increase in building
inspection permit fees. There was a large permit obtained in September for building
inspection fees in the amount of $29,000.
Fines and Forfeitures decreased 10.5% from the prior year primarily due to a decline in
Parking Ticket revenue. Tickets for "Failure to Display a Valid Decal" are no longer
issued as a result of the City eliminating vehicle decals. A reduction in Collection Fees
and Miscellaneous Fines and Forfeitures also contributed to the variance.
Revenue from the Use of Money and Property increased 29.0% from FY08 due to a
timing correction of rental payments received from the Federal and State Governments
for the Commonwealth Building contract. While the Commonwealth continues to be in
arrears in FY09, we currently have a lease in place. Therefore monthly billings are
generating revenues for FY09, and the City continues collection efforts on delinquent
balances.
Internal Services grew 17.0% compared to the prior year due in part to the increase in
billing of the School's share of the Comprehensive Services Act (CSA) expenditures.
The increased billing is a result of higher educational related CSA expenditures
incurred by the City. Also contributing to the variance is an increase in Building
Maintenance charges primarily for the City Market Building.
Miscellaneous Revenue decreased 11.6% from FY08 primarily due to collections for the
Building New Partnerships Conference held last September.
Expenditures
The fiscal year 2009 expenditure budget totals $261.6 million and includes funding of
approximately $1.3 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 encumbrance's through September were $66.0
million. Compared to the prior year, these expenditures in total represent a decrease
of .9% or $600,623. Decreased spending due to the timing of certain Nondepartmental
Transfers and significant decreases in Community Development expenditures accounts
for the majority of this varian'ce. Decreased spending for these categories was
primarily offset by increased spending for Street Paving, due to contracts carried over
from the prior year, and secondarily offset by cost differences for items related to
judicial Administration. Both increases and decreases are discussed in the following
sections in detail. In fiscal year 2009, the average employee pay raise was 2%, which
caused a slight increase in many categories of expenditures. The variances detailed in
this report are in addition to this rise in personnel cost.
Honorable Mayor and Members of Council
November 17,2008
Page 3
ludicial Administration expenditures increased 7.2% or $128,789 due to moderate
increases in expenditures for the Sheriff's Office including salaries, benefits, and motor
fuel; finalization of a contract for data management for the Clerk of the Court's optical
imaging retrieval system; and the purchase of the West Law Internet Database and Law
Books for the Law Library.
Public Works expenditures increased 13.1 % or $1.1 million due to an increase in
contracts carried over from the prior year for the Street Paving Program. Street Paving
expenditures have increased $1.0 million over the prior year, a 35.7% increase in
commitments. This variance is appropriate given the size of the current year budget
including the amounts carried forward for Street Paving.
Community Development expenditures decreased 17.1 % or $330,092 due to decreased
spending on Memberships and Affiliations and Economic Development. Memberships
and Affiliations decreased due to timing differences in Convention and Visitors Bureau
and marketing expenditures. In addition, in the prior year, Memberships and
Affiliations funded $44,346 for the Building New Partnerships Conference. No similar
conference has been funded in fiscal year 2009. Economic Development includes a
budget for the annual contract for rent of Franklin plaza. The annual contract was
. committed in July of fiscal year 2008, but no similar contract has been finalized in
fiscal year 2009.
Nondepartmental expenditures decreased 57.6% or $1.1 million. There were
significant variances in transfers to Capital Projects Fund, the Greater Roanoke Transit
Company, Grant Fund, and Risk Management Fund. The variance of $758,149 in
transfers due to Capital Projects Fund is reflective of a decrease in budget and a
scheduled change in the payment schedule. The first transfer to the Capital Projects
Fund will occur in December. Transfers to the Greater Roanoke Transit Company and
the Grant Fund have increased $378,818 and decreased $325,945, respectively, due to
timing. In the prior year, a $250,000 transfer was made to the Risk Management Fund
during the first quarter, but the planned transfer has not been made yet in fiscal year
2009.
Sincerely,
fCjt) ~'^'--
Ann H. Shawver
Director of Finance
Attachments
Honorable Mayor and Members of Council
November 17, 2008
Page 4
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
Rita D. Bishop, Superintendent, Roanoke City Public Schools
Curt Baker, Deputy Superintendent of Operations,
Roanoke City Public Schools
City of Roanoke
Financial Report to City Council
Three Months Ended September 30, 2008
Prepared by the Department of Finance
Presented November 17, 2008
Report of City Manager Transfers.......... ........................ ........................:..................1
Report of City Manager Contingency...............:........................................................2
General Fund.....................................:........................................................................3
Civic Facilities Fund.................................. .................................................................4
Parking Fund............................. ~................................................................................ 5
Market Building Fund........................................................ ..~.....................................6
Treasurer's Statement of Accountability.............. .............. .......................... ............. 7
School Financial Report.................:.......:...................................................................8
Pension Plan - Statement of Changes in Net Assets .................................................9
Pension Plan - Statement of Plan Net Assets ............................................................10
City of Roanoke, Virginia
Report of City Manager Transfers
Quarter Ended September 30, 2008
Transfer
Number
Date
EXDlanation
From
To
Amount
CMT08-00131 07/17108 Litter Containers City Manager Solid Waste Management - $ 20,000
Contingency Refuse/Recycle
CMT08-00153 08/22/08 Randall Grant Writing/Research Capital Project Grant Writing Services 36,000
Contract Contingency
CMT08-00171 09/12/08 Professional Services for Capital Project Director of General Services 10,000
Implementation of the ICLEI 5 Contingency
Step Process
CMT08-00176 09/17108 Capital Contribution to Capital Project YMCA Aquatic Center 15,000
Gainsboro Family Center YMCA Contingency
CMT08-00184 09/30/08 Mini-grants/Donations for Citizen Contingency - General Police - Services 14,613
Police Academy, Sporting Event Fund
Programs, Homesland Defense,
and Project Lifesaver
.)
Notes:
Under City Code section 2-121, the City Manager has authority to make transfers up to $75,000 between departments from
July through March and in any amount from April to June, The City Manager has the authority to make unlimited transfers
within departments. The scope of this report is limited to inlerdepartment transfers that are $10,000 or greater,
City of Roanoke, Virginia
Report of City Manager Contingency
Quarter Ended September 30, 2008
Tr:ansfer
Number
Date
Explanation
To
Balance of Contingency at July 1, 2008
Continaencv Transfers:
CMT08-00131
07/17/08
Litter Containers
Solid Waste Management -
Refuse/Recycle
Available Contingency at September 30, 2008
2
Amount
$
907,354
(20,000)
$
887,354
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
STATEMENT OF REVENUE (UNAUDITED)
Revenue Source
General Property Taxes
Other Local Taxes
Permits, Fees and Licenses
Fines and Forfeitures
Revenue from Use of
Money and Property
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
Internal Services
Miscellaneous Revenue
Total
July 1 - September 30
2007 -2008
$ 23,014,701
8,065,531
292,887
401,774
July 1 - September 30
2008-2009
$ 22,501,281
8,065,647
335,713
359,598
Percentage
of Change
-2.2 %
0.0 %
14,6 %
-10.5 %
Revised
Revenue
Estimates
$ 101,584,000
74,724,000
1,266,000
1,535,000
Current Fiscal Year
Percent of
Revenue
Estimate
Received
22.2%
10.8%
26.5%
23.4%
Year to Date for the Period
177,472
9,848,141
229,012
10,421,813
29.0 %
5.8 %
0.0 %
2.4 %
17.0 %
-11.6 %
0.5 % $
784,000
68,924,438
38,000
8,111,000
2,779,435
522,000
260,267,873
2,273,853
480,848
138,746
44,806,511
2,221,433
411,092
156,956
44,589,987 $
$
STATEMENT OF EXPENDITURES AND ENCUMBR~NCES (UNAUDITED)
Year to Date for the Period
29.2%
15,1%
0.0%
28.0%
17,3%
26.6%
17.2%
Current Fiscal Year
Percent of
July 1 . September 30 July 1 - September 30 Percentage Unencumbered Revised Budget
Expenditures 2007-2008 2008-2009 of Change Balance Appropriations Obligated
General Government $ 3,162,571 $ 3,167,495 0.2 % $ 10,355,460 $ 13,522,955 23.4%
Judicial Administration 1,797,711 1,926,500 7.2 % 6,436,551 8,363,051 23.0%
Public Safety 16,999,158 16,975,838 -0.1 % 44,873,482 61 ;849,320 27.4%
Public Works 8,410,191 9,509,073 13.1 % 17,782,070 27,291,143 34.8%
Health and Welfare 8,927,159 8,801,130 -1.4 % 30,892,776 39,693,906 22.2%
Parks, Recreation and Culture 3,378,667 3,390,975 0.4 % 8,033,888 11,424,863 29.7%.
Community Development 1,930,879 1,600,787 -17,1 % 4,492,998 6,093,785 26.3%
Transfer to Debt Service Fund 4,025,063 4,052,145 0'. 7 o/~ 17,098,734 21,150,879 19,2%
Transfer to School Fund 16,176,360 15,836,865"~ .. -2.1' '% 47,510,596 63,347,461 25.0%
Nondepartmental 1 ,829,593 775,921 "~",,57.6 % 8,073,586 8,849,507 8.8%
Total $ 66,637,352 $ 66,036,729 ~0;9. % $ 195,550,141 $ 261,586,870 25.2%
3
CITY OF ROANOKE, VIRGINIA /
CIVIC FACILITIES FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2008
(UNAUDITED)
FY 2009 FY 2008
Operatina Revenues
Rentals $ 133,028 $ 117 ,423
Event Expenses 29,729 31 ,256
Display Advertising 12,501 12,501
Admissions Tax 34,592 36,770
Electrical Fees 7,729 12,700
Novelty Fees 8,378 5,643
Facility. Surcharge 20,383 10,162
Charge Card Fees 11,330 2,389
Commissions 5,615 579
Catering/Concessions 9,275 28
Other 75
Total Operating Revenues 272,635 229,451
Operatina Expenses
Personal Services 367,908 419,491
Operating Expenses 254,999 226,527
Depreciation 217,851 214,711
Total Operating Expenses 840,758 860,729
Operating Loss (568,123) (631,278)
Nonoperatina Revenues/(Expenses)
Other 14,849 265
Investment Income 5,476 7,710
Interest Expense (1) (157,845) (162,081)
Net Nonoperating Expenses (137,520) (154,106)
Change in Net Assets $ (705,643) $ (785,384)
(1) FY2008 was restated to reflect a correcting entry made later in the year.
4
CITY OF ROANOKE, VIRGINIA
PARKING FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2008
(UNAUDITED)
FY 2009 FY 2008
Operatina Revenues
Market Garage $ 84,839 $ 86,270
Elmwood Park Garage 128,212 126,108
Center in the Square Garage 73,593 56,149
Church Avenue Garage 178,998 166,421
Tower Garage 128,681 132,880
Gainsboro Garage 32,316 23,581
Campbell Garage 4,021
Williamson Lot 20,254 21,266
Higher Ed Center Lot ,/ 13,798 15,960
Market Lot 5,522 2,790 .
Elmwood Lot 19,017 18,159
Warehouse Row Lot 7,195 7,185
West Church/YMCA Lots 6,568 6,568
Parking Violations (All Locations) 2,150
Total Operating Revenues 705,164. 663,337
Operatina Expenses
Operating Expenses 273,159 227,839
Depreciation 203,709 166,789
Total Operating Expenses 476,868 394,628
Operating Income 228,296 268,709
Nonoperatina Revenues/(Expenses)
.
Investment Income 16,750 26,088
Interest Expense (124,898) (61,692)
Net Nonoperating Expenses (108,148) (35,604 )
Income Before Transfers and Contributions 120,148 233,105
Transfers and Contributions
Transfers In 8,586 9,607
Net Transfers and Contributions 8,586 9,607
Change in Net Assets $ 128,734 $ 242,712
5
CITY OF ROANOKE, VIRGINIA
MARKET BUILDING FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2008
(UNAUDITED)
FY 2009
FY 2008
Operatina Revenues
Charges for Services
$
59,813
$
47,788
Total Operating Revenues
59,813
47,788
Operatina Expenses
Other Services and Charges
Depreciation
53,161
23,961
26,036
23,704
Total Operating Expenses
77,122
49,740
Operating Loss (17,309) (1,952)
Nonoperatina Revenues
Investment Income 2,323 7,067
Net Nonoperating Revenues 2,323 7,067
Income/(Loss) Before Transfers & Contributions (14,986) 5,115
Transfers and Contributions
Transfer from General Fund 570
Net Transfers and Contributions 570
Change in Net Assets $ (14,986) . $ 5,685
6
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED SEPTEMBER 30, 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 SEPTEMBER 30, 2008.
BALANCE AT
AUG 31, 2008
CONSOLIDATED FUNDS $92,900,447,78
RECEIPTS
$41,054,610.66
BALANCE AT
DISBURSEMENTS SEP 30, 2008
$31,325,647,74 $102,629,410.70
BALANCE AT
SEP 30, 2007
$99,067,977.97
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 SEPTEMBER 30,2008. 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
$36,982.63
5,458,485.60
29,564,349.30
20,719,378.70
13,500,000.00
8,903,999.27
24,446,215.20
$102,629,410.70
OCTOBER 14, 2008
F~~;,~
7
CITY OF ROANOKE, VIRGINIA
SCHOOL FUND
(UNAUDITED)
STATEMENT OF REVENUE
Year to Date for the Period
Revenue Source
State Sales Tax
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Govemment
Charges for Services
Interest On Investments
Transfer from Other Funds
Total
July 1 -Sept 30 July 1 - Sept 30 Percentage
2007 -2008 2008.2009 of Change
$ 1,003,937 $ 1,045,411 4.1 %
12,018,697 13,136,892 9.3 %
35,303 7,402 -79,0 %
134,811 595,858 342,0 %
67,641 6,473 -90.4 %
16,176,360 15,836,865 -2,1 %
$ 29,436,749 $ 30,628,901 4.0 %
Current Fiscal Year
Percent of
Revenue
Revenue Estimate
Estimates Received
$ ,12,686,049 8.2 %
63,203,229' 20.8 %
149,800 4,9 %
3,806,710 15.7 %
0.0 %
64,722,764 24.5 %
$ 144,568,552 21,2 %
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Year to Date for the Period Current Fiscal Year
Percent of
July 1 - Sept 30 July 1 . Sept 30 Percentage Unencumbered Budget
Expenditures 2007 -2008 2008-2009 of Change Balance Appropriations Obligated
Instruction $ 17,130,541 $ 15,079,170 -12.0 % $ 86,065,716 $ 101,144',886 14,9 %
General Support 2,087,512 2,492,761 19.4 % 8,012,074 10,504,835 23.7 %
Transportation 983,736 1,366,582 38,9 % 6,011,820 7,378,402 18,5 %
Operation and
Maintenance of Plant 5,~12,411 3,801,632 -35.7 % 10,257,380 14,059,012 27.0 %
Facilities 547,681 750,922 37.1 % 425,918 1,176,840 63.8 %
Other Uses of Funds 6,209,375 5,329,535 -14.2 % 4,975,042 10,304,577 51.7 %
Total $ 32,871,256 $ 28,820,602 .12,3 % $ 115,747,950 $ 144,568,552 19.9 %
Note: Changes in the chart of accounts upon implementation of a new accounting system impacts current year versus prior
year comparability.
8
CITY OF ROANOKE PENSION PLAN
STATEMENT OF CHANGES IN PLAN NET ASSETS
FOR THE THREE MONTHS ENDING SEPTEMBER 30, 2008
(UNAUDITED)
FY 2009 FY 2008
AdditionsJ(Reductions ):
Employer Contributions $ 2,721,151 $ 2,391,343
Investment Income
Net Appreciation (Depreciation) in Fair Value of Investments (33,944,619) 7,244,444
Interest and Dividend Income 2,226,563 933,589
Total Investment (Loss) (31,718,056) 8,178,033
Less Investment Expense (77,702) (71,590)
Net Investment (Loss) (31,640,354) 8,249,623
Total Additions/(Reductions) $ (28,919,203) $ 10,640,966
Deductions
Benefits Paid to Participants
Administrative Expenses
Total Deductions
$ 6,489,128
(2,994)
6,486,134
$ 6,170,002
4,853
6,174,855
Net (Decrease)
(35,405,337)
4,466,111
Net Assets Held in Trust for Pension Benefits:
Fund Balance July 1
Fund Balance September 30
344,383,415
$ 308,978,078
378,571,495
$ 383,037,606
Note: Negative expense amounts reflect the reversal of accrual accounting entries made for
fiscal year-end reporting purposes.
Increase in employer contributions due to change in method utilized for the accrual
of retirement contributions at the end of the prior fiscal year. Required contribution rate
deceased by approximately 2%.
9
CITY OF ROANOKE PENSION PLAN
STATEMENT OF PLAN NET ASSETS
SEPTEMBER 30, 2008
(UNAUDITED)
FY 2009 FY 2008
Assets
Cash $ 794,895 $ 440,851
Investments, at Fair Value 310,350,182 384,665,283
Due from Other Funds 636 1,365
Total Assets $ 311,145,713 $ 385,107,499
Liabilities and Net Assets
Liabilities:
Due to Other Funds
Accounts Payable
$ 2,167,635
$ 2,050,248
19,645
Total Liabilities
2,167,635
2,069,893
$ 308,978,078
$ 383,037,606
Net Assets Held in Trust For Pension Benefits
'--"
10
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva,gov
SHEILA N, HARTMAN, CMC
Deputy City Clerk
CECELIA T, WEBB
Assistant Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
November 18, 2008
The Honorable John S. Edwards
Member,' Senate of Virginia
P. O. Box 11 79
Roanoke, Virginia 24006-11 79
The Honorable William H. Fralin, Jr.
Delegate, House of Representatives
P. O. Box 20363
Roanoke, Virginia 24018
The Honorable Onzlee Ware
Delegate, House of Representatives
P. O. Box 1745
Roanoke, Virginia 24008
Gentlemen:
I am enclosing copy of Resolution No. 38282-111708 adopting and endorsing a
Legislative Program for the City to be presented to the City's delegation to the
2009 Session of the General Assembly.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, November 17, 2008.
You are cordially invited to attend a luncheon meeting to be held on Monday,
December 1, 2008, at 12:00 p.m., in Room 1 59, Noel C. Taylor Municipal
Building, 215 Chu rch Avenue, S. W., City of Roanoke, to discuss legislative
issues.
Sincerely,
~h-). fhttJY\.J
Stephanie M. Moon, CMC ~
City Clerk
SM M :ew
Enclosure
The Honorable John S. Edwards
The Honorable William H. Fralin, Jr.
The Honorable Onzlee Ware
November 18, 2008
Page 2
pc: Thomas A. Dick, Legislative Liaison, 1108 E. Main Street, Suite 904,
Richmond, Virginia 23219
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
~
J/
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of November, 2008.
NO. 38282-111708.
A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the
City's delegation to the 2009 Session of the General Assembly.
WHEREAS, the members of City Council are in a unique position to be aware ofthe legislative needs
of this City and its people;
WHEREAS, previous Legislative Programs of the City have been responsible for improving the
efficiency of local government and the quality of life for citizens of this City;
WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be
advocated by the Council and its representatives atthe General Assembly; and
WHEREAS, the Legislative Committee of City Council has by report, dated November 17, 2008,
recommended to Council a Legislative Program to be presented at the 2009 Session of the General Assembly;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Legislative Program transmitted by report of the Legislative Committee, dated November
17,2008, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the
2009 Session of the General Assembly.
2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 2009
Session of the General Assembly to attend Council's meeting relating to legislative matters, to be held at
12:00 noon, on December 1, 2008.
ATTEST:
~O>t.~
City Clerk.
. ~.'
i...1
. ...' - - - -.
:'. i. it .; ! ~ -.: ':~; : '.~.;tl
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
WILLIAM M. HACKWORTH
CITY AlTORNEY
TELEPHONE: 540-853.2431
FAX: 540-853-1221
EMAIL: cityatty@roanokeva.gov
TIMOTHY R. SPENCER
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
HEATHER P. FERGUSON
ASSISTANT CITY AlTORNEYS
November 17, 2008
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: 2009 Legislative Program
Dear Mayor Bowers and Members of Council:
City Council's Legislative Committee has met twice to review the proposed 2009 Legislative
Program. A copy of the proposed Legislative Program for this year is attached. After careful
review, the Committee recommends it to City Council for favorable action. The School Board
portion of the Program was approved by the School Board at its meeting on November 11,2008.
As Chair of the Legislative Committee, I wish to thank the other members of Council, who
comprise the Committee, including Ms. Vaught and Mr. Putney ofthe School Board. We also wish
to thank Tom Dick, our Legislative Liaison, and Bill Hackworth, City Attorney, who coordinated and
prepared this Program.
As Chair of the Legislative Committee, I commend the Program to City Council for its
approval. I am confident the members of the Council will agree that the recommended Program will
advance the legislative interests of the City and its people at the 2009 Session.
David Trinkle, Chair
Legislative Committee
WMH/DT Ilsc
Attachments
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Dr. Rita Bishop, Superintendent
Todd A. Putney, Member, Legislative Committee
Lori E. Vaught, Member, Legislative Committee
Stephen M. Moon, City Clerk
Thomas A. Dick, Legislative Liaison
2009
LEGISLATIVE PROGRAM
CITY OF ROANOKE
.,
CLEAN
~GREEN
INTRODUCTION
The City Council is pleased to commend this Legislative Program for consideration by
the 2009 Session of the General Assembly. The City Council, representing all the people of
our All-America City, is uniquely qualified to understand the legislative needs of City
government and our people. Weare of the opinion that this Program is responsive to those
needs. As a policy matter, we continue to believe that local governments are the best vehicles
for the delivery of many services to the public because local governments are closest to the
people and the most responsive. We continue to be concerned about the cumulative effect of
Federal and State legislative and regulatory mandates, many of which are unfunded, the
continued erosion of local revenue sources, and the State's fiscal woes.
This Program is a combined Program for City Council and the School Board. You will note
that we have made a conscientious effort to pare our Program down to the issues that we
believe are most important to the citizens of this City. The City Council portion was prepared
by the City's Legislative Liaison, Thomas Dick, and City Attorney, William Hackworth, with
the assistance of comments and suggestions from Council members, City administrators, and
citizens. The School Board portion was prepared with the assistance of advice and comments
from the School Board and administrators. The entire Program has been carefully reviewed by
City Council's Legislative Committee, which consists of all the members of Council, and Todd
A. Putney, and Lori E. Vaught. Upon the recommendation of the Legislative Committee, the
Program was adopted and endorsed by City Council on November 17, 2008. See Resolution
No. a copy of which is attached.
If during the course of the Session our legislators have questions concerning the position
of the City or School Board on legislative matters, they are encouraged to contact the
Legislative Liaison for the City or School Board, who I know will be pleased to respond after
consultation with appropriate officials. I also know that representatives of the City and School
Board will be in contact with our legislators on many occasions during the 2009 Session, and
their consideration of these communications is deeply appreciated. With the support of our
legislators, and this City is fortunate to have legislators who are most supportive and responsive
to the needs of our City and its citizens, I know that our City government and School Division
will be improved and that the quality of life for our citizens will be advanced.
David A. Bowers, Mayor
CITY COUNCIL
SCHOOL BOARD
David A. Bowers, Mayor
David B. Carson, Chair
Sherman P. Lea, Vice-Mayor
Jason E. Bingham, Vice-Chair
Gwen W. Mason
Mae G. Huff
Alvin L. Nash
Suzanne P. Moore
Anita J. Price
Courtney A. Penn
Court G. Rosen
Todd A. Putney
Dr. David B. Trinkle
Lori E. Vaught
CITY MANAGER
SUPERINTENDENT
Darlene L. Burcham
Dr. Rita D. Bishop
William M. Hackworth
City Attorney
464 Noel C. Taylor Municipal Building
Roanoke, VA 24011
540-853-2431
City of Roanoke
2009 Legislative Program
Le2islation ReQuested
Federal Offset Program. Some thirty-eight states participate to some extent in the Federal
Offset Program, whereby taxes owed the participating states and their localities can be recouped
from funds due citizens from the Federal government, such as Federal tax refunds, ifnot paid by
the taxpayer. (Virginia currently has a state offset program, which benefits its local
. governments; the City participates in this.) Legislation should be adopted authorizing Virginia to
participate in the Federal Offset Program. The Virginia Treasurers' Association estimates that
participation could bring in $65-70 million in revenue to Virginia localities. (Requested by Dana
Long, Manager, Billings and Collections.)
TransDominion Express Commission. Sen. Edwards has proposed legislation which would
establish the TransDominion Express Commission to be responsible, with the TransDominion
Corridor, for identifying needed construction, reconstruction, improvements of or repaired to
railroads and their facilities and equipment to provide enhanced passenger rail service
coordinated with freight rail opportunities within the Corridor. The Commission may finance or
assist in financing any rail transport,ation project. (Sen. Edwards co-patroned H.B. 2164 in
2007; it was left in committee. It would have repealed Chapter 1041 of the 2003 Acts of
Assembly, which provided for the creation of a Rail Transportation Development Authority but
never became effective because its "reenactment clause" was never satisfied)
Passenger Rail Service. The City of Roanoke supports the proposal to extend passenger rail
service from Bristol through Roanoke and on to Lynchburg and then to Washington, D.C. and
Richmond, Virginia (the "TransDominion Express"). Roanoke is the largest city in Virginia
without passenger rail service. The 2000 General Assembly provided $9 million in preliminary
funding for this important economic development initiative. The City supports the additional State
funding necessary to place the service into operation. Priority should be give to instituting
passenger rail service between Roanoke and Lynchburg, to enable residents of this region access to
passenger rail service.
Hotel Roanoke Conference Center. Amend Section 58.1-608.3, Code of Virginia, to permit
bonds to be issued for the planned expansion of the Hotel Roanoke Conference Center
Commission, the debt service for which would be funded in part by a return of the sales taxes
generated by the expansion. Bonds were issued in 1994 pursuant to this statute to finance the
construction of the Conference Center. As it currently provides, Section 58.1-608.3 does not
apply to expansions of the size planned for the Conference Center, or to bonds issued after July
I, 2007. (Requested by Conference Center Commission.)
1
Delinquent Real Estate Tax Sales. Legislation should be adopted to permit the City, in its
discretion, to take title to properties sold at a delinquent tax sale if the amount of the successful
bid at auction is not adequate to cover the amount owed the City in taxes and other liens.
(Requested by Darlene Burcham, City Manager.)
Business Licenses. Section 58.1-3700, Code of Virginia, authorizes localities to adopt
ordinances requiring that no business license be issued to an applicant who is delinquent in the
payment of certain taxes, such as business license taxes, personal property taxes, etc. The
statute does not, however, prohibit a delinquent taxpayer from obtaining licenses for new
businesses (as opposed to renewing an existing business license). It should be amended to
prohibit this.
Rental Inspection. Section 36-105.1:1, Code of Virginia, should be amended to permit
localities with rental inspection programs to inspect rental units covered by such program to be
inspected upon every change in occupancy, as was permitted prior to July 1, 2005, when this
section was amended. [H.B. 174 introduced by Delegate Ware in 2008 Session; left in
committee. ]
Other Leldsladve Priorities
ReQuests related to Qualitv of life/public health. safety and welfare
Rental Inspection. Amend Section 36-105.1: 1, Code of Virginia, to authorize localities that
have rental inspection programs to require the owner of any multifamily development with more
than ten dwelling units to erect a sign on the property identifying the name, address, and phone
number of the person or entity that manages the development. (Proposed by informal blight
study group of certain localities in which the City is participating.)
Vacant Buildings. Amend Section 15.2-906, Code of Virginia, which authorizes localities to
take certain corrective actions to remove or repair buildings and structures which endanger the
public health or safety, or provide that a building is presumed to endanger the public health and
safety if, for a period of twelve months it has been vacant and has not been connected to lawful
electric, or required water or sewer service. (Proposed by informal blight study group of certain
localities in which the City is participating.)
Zoning Complaints. Amend Section 2.2-3705.3, Code of Virginia, which excludes from FOIA
disclosure requirements the names, addresses, and telephone numbers of complainants
furnishing in confidence to a locality information relating to a zoning enforcement complaint, to
extend the exclusion to cover complaints relating to enforcement of the building code or fire
prevention code. (Proposed by informal blight study group of certain localities in which the City
is participating.)
2
Recycling. Seek legislation authorizing the City (or all localities which are required by the State
to attain a 25% recycling rate) to require all of its citizens to recycle such materials as are
specified by the City. (Requested by Skip Decker, Division Manager, Solid Waste
Management)
Smoking in Public Places Outdoors. Enabling legislation should be enacted to authorize
localities to regulate or prohibit smoking in defined areas outdoors, such as in proximity to the
entrance to buildings, in recreational areas, and in areas where children's programs are being
conducted.
Vacant Building Registration. Section 15.2-1127, Code of Virginia, authorizes cities, by
ordinance, to require the owners of buildings that have been vacant for a continuous period of .
twelve months or more to register such buildings on an anImal basis, and to impose an annual
registration fee not to exceed $25.00. This registration fee is inadequate, and should be
increased to an amount "not to exceed $250.00."
Cigarette . Butt Deposits. Enabling legislation should be adopted authorizing locaiities to
impose a refundable fee on each cigarette sold; the refund would be made up on the return of the
cigarette "butt". (Suggested by Council member Gwen Mason.)
. Inspection Warrants. Amend Section 36-105, Code of Virginia, to expand the types of
building code violations for which an inspection warrant may be obtained (it currently applies
only to residential structures) to include situations where the health or safety of the owner or
occupant of a commercial or industrial building is threatened. (Proposed by informal blight
study group of certain localities in which the City is participating.)
Agents for Rental Units. Section 55-218.1 of the Code of Virginia requires property owners
who own four or more units in the Commonwealth of Virginia, but do not reside in the
Commonwealth themselves, to maintain an agent who is a resident of the State. It is difficult to
serve summons and other notices on property owners who do not live in the same locality,
delaying action to address blight The General Assembly is requested to amend this Code
section to require that the property owner's leasing agent or representative operate in the same
locality as the property or iri an adjacent locality. The legislation could be limited to apply only
in those localities, such as Roanoke, which have a significant percentage of houses that are
rented. In 2000, only 52% of the housing in the City was owner-occupied. [H.B. 264 introduced
by Delegate Ware in 2008 Session; substitute Bill passed.]
3
Requests related to law enforcement/domestic violence.
Domestic Violence Offense. Legislation should be adopted establishing a requirement that
prosecution of any domestic violence offense involving a knife or a gun be expedited.
(Suggested by Roanoke Domestic Violence Task Force.)
Sale of Spray Paint. Legislation should be enacted that would prohibit the sale of spray paint
to minors, unless accompanied by an adult. (Requested by Police Department.)
Definition of Prostitution. The definition of "prostitution" in Section I 8.2-346, Code of
Virginia, should be amended. To convict someone of prostitution, three elements of the crime
must be established: an agreement to perform a sex act, an agreement to exchange money or its
equivalent for such act, and then the performance of a "substantial act" in furtherance of the
crime. According to the Police Department, the "substantial" requirement makes it difficult to
convict those guilty of prostitution. It is suggested that either this word be deleted, or replaced
with the word "intentional." (Requested by Police Department.)
Revenue related requests.
CarilionNirginia Tech Medical School. Now that the State has funded construction of
Carilion/Virginia Tech Medical School, the State should continue to support the operation of
such school, which will be a terrific asset to the City and the Region.
Drug Court. State funding should be maintained for the City's very successful drug court.
Delinquent Parking Tickets. Section 46.2-752.1, Code of Virginia, authorizes localities to
enter into an agreement with the Commissioner of the Department of Motor Vehicles whereby
the Commissioner agrees to refuse to issue or renew any vehicle registration for anyone who
owes that locality local vehicle license fees or delinquent tangible personal property tax or
parking citations. However, the provision relating to parking citations only applies to citations
issued to residents of such locality. As a result, the City has difficulty collecting unpaid parking
citations issued to non-residents, mostly from nearby localities. The City has approximately
1,500 unpaid accounts of this type. The limitation in Section 46.2-752.5 to parking citations
issued to residents of the locality should be removed. [H.B. 133 introduced by Delegate Ware in
2008 Session; reported from committee, but did not pass in the House.]
Sales Tax Payments by State. Section 58.1-605.F, Code of Virginia, gives the State
Department of Taxation a six month time period in which to distribute to localities sales taxes
that are incorrectly paid to another locality, after an audit reveals that an incorrect distribution of
such taxes has been made. Localities owed such taxes lose interest on such payments if not paid
promptly to the correct locality. It is proposed that the six month time period permitted for such
payments be reduced to' thirty days. (Requested by Dana Long, Manager, Billings and
Collections. )
4
Penalty for Untaxed Cigarettes. Section 58.1-3832.5, Code of Virginia, provides that localities
may impose a penalty for fraud or evasion of payment of a cigarette tax, but limits the penalty to
an amount not to exceed fifty percent of the tax owed. At the current tax rate of $.57 per carton,
the maximum penalty which may be imposed is $.27 per carton. This limit should be increased,
or a penalty in a stated dollar amount authorized. (Requested by Dana Long, Manager, Billings
and Collections.)
Fee for Domestic Violence and Domestic Related Offences. Adopting enabling legislation
authorizing localities to impose a fee of $50.00 on those convicted of domestic violence and
domestic related offenses would help offset the expense of domestic violence investigations and
provide services to victims. This fee would be separate from and in addition to any fine and/or
costs otherwise imposed by the courts. (Suggested by the Roanoke Domestic Violence Task
Force.)
Restore State Budget Cuts. The State should restore the funding reductions on local aid made
during the last legislative session, and not make any further reductions in local funding. Last
year's reductions totaled approximately $1.4 million, including $.3 million in reductions during
FY 2008 that were carried over to FY 2009, and $1.1 million in reductions in FY 2009.
(Requested by Sherman Stovall, Department of Management and Budgeting.)
Fee for "Stop Payment Checks". Section 8.01-27.1, Code of Virginia, authorizes localities to
charge a "bad check return fee" to citizens who write checks to the localities with insufficient
funds in their accounts to cover them. Some citizens write checks to localities, then have their
bank "stop payment" on the checks. Section 8.01-27.1 should be amended to authorize localities
to impose a similar fee on citizens who write checks, then stop payment on them. (Requested by
Evelyn Powers, City Treasurer.)
Untaxed Cigarettes. Section 58.1-3832.5, Code of Virginia, authorizes localities to adopt
ordinances making it a misdemeanor for persons to possess more than six cartons of untaxed
cigarettes. This should be amended to make it a misdemeanor to possess any amount of untaxed
cigarettes. (Requested by Dana Long, Manager, Billings and Collections.)
Reimbursement of Cost of Responding to Accidents. Section 15.2-1716, Code of Virginia,
authorizes localities to provide by ordinance that those convicted of certain crimes (certain DUI
offenses and reckless driving) which result in accidents must reimburse, up to $1,000, a locality
for the expense of having to respond to such an emergency call. This section should be amended
to include accidents in which the driver is convicted of driving without a license, or of driving
with a suspended or revoked license. (Requested by Roanoke City Police Department.)
Fee for Transporting Arrestees. Legislation should be adopted authorizing localities to impose
a fee ($5.00 is suggested) for each' time an arrestee must be transported by local law
5
enforcement, such as transporting them to a holding facility, such fee to be imposed upon the
person if convicted of the crime for which he or she was arrested. Such fee would be used to
offset the cost of transporting arrestees. (Requested by Roanoke City Police Department.)
Conservation Easements. The State should provide some incentive, financial or otherwise, for
localities which place land owned by them mider a conservation easement.
Requests related to 2eneral 20vernment.
Advisory Referenda. The City Charter should be amended to permit non-binding advisory
referenda. In 2004, Sen. Edwards introduced S.B. 133, which would have amended the City's
Charter to permit such referenda, if initiated by Council "on any proposed question or group of
questions relating to the affairs of the City" or initiated by a petition signed by a number of
voters equal to ten percent of the number of the largest number of votes cast in any general or
primary election held in the City during the preceding five years. (The bill was left in
committee).
FOIA. An exemption should be added to Section 2.2-3711 of the Freedom of Information Act
to permit governing bodies to discuss in closed meetings the granting of economic development
incentives for projects which already have been announced publicly.
. VIRGINIA FIRST CITIES
The City supports the Virginia First Cities 2009 Legislative Agenda:
PRESERVE EXISTING STATE AID TO LOCALITIES
Preserving state funds for programs directed primarily to urban populations should be a VFC
priority. Any state cuts should minimize and not have a disproportionate impact on localities
with high fiscal stress, high poverty concentrations, and aging urban infrastructure. VFC should
resist state budget cuts in at risk education incentive programs, law enforcement funding, CSA,
local jails and per diems, juvenile justice assistance, street maintenance payments, public transit,
and the enterprise zone program.
. EDUCATION/PREVENTION
At risk education and other dropout prevention programs is a VFC priority. They are crucial to
preventing unemployment and crime, which have high costs for the state, localities and their
citizens.
The At-Risk Add-On, K-3 Class Size Reduction, and Virginia Preschool Initiative and other
. education incentive fund programs are responsible for improving SOL and NCLB test scores
and standards of achievement and reducing student dropout rates.
· Evidence from other states suggests more, not less funding, is needed for prevention
6
programs to boost graduation rates and ensure an employable workforce.
. Maintain access to the "Smart Beginnings" initiative and the successful "Healthy
Families" program.
URBAN REVITALIZATION
. Derelict Structures, Vacant and Abandoned Property Legislation: Support Housing
Commission Legislation that strengthens tools for localities to remediate derelict
structures, and vacant or abandoned properties.
. Brownfields Assessment: Enhance program effectiveness that facilitate reuse and
redevelopment of brownfield sites. Each brownfield site brought into re-use leverages
an average of $16 million in private investment and creates an average of 31 full-time
and 44 part-time jobs.
. Eminent Domain: Oppose an Eminent Domain Constitutional Amendment. Eminent
domain laws were changed substantially in 2007 making a constitutional amendment
unnecessary.
TRANSPORTATION/LAND USE
. Exempt street maintenance payments from VDOT reductions
. Maximize state funding for public transportation and provide strong incentives for
participation by all localities in the provision of regional public transportation service.
. Expand intercity passenger rail operation with state funds.
. Enact state transportation revenue increases to adequately support the transportation
network
· Support state transportation land use policy initiatives that encourage city
redevelopment, and discourage dispersed development.
7
Roanoke City Public Schools
Legislative Program
Executive Summary
The Virginia Association of School Superintendents (V ASS) held its annual legislative conference in
Lynchburg, Virginia October 14-16, 2008. Superintendents from across the state attended the
conference. During the conference, superintendents examined issues that were deemed critical to the
continuous improvement efforts established within the Commonwealth.
The main body of this document sets forth the perspectives of RCPS with regard to the V ASS agenda.
Priorities from the conference were evaluated for their specific relevance to the needs of this Division.
It is recognized that the list of priorities is long. Four stand out as being of particular significance to this
Division. They are:
. RCPS is concerned about possible revisions to the state budget that might affect education.
RCPS opposes any changes which would reduce any funds to local school divisions.
In the event funding for local school divisions is reduced by the General Assembly, RCPS believes that
funding cuts should be on a "percentage of total" basis, thus permitting local school divisions to
determine where the corresponding expenditure reductions should be made. Additionally, school
divisions should be permitted to apply for waivers from the Standards of Accreditation (SOA) and the
Standards of Quality (SOQ), as appropriate, in those areas impacted by the funding cuts.
. RCPS supports efforts to provide competitive salaries and benefits which will retain quality
education employees in the profession and which will attract and retain new personnel of high
caliber.
. RCPS encourages the state to recognize the burden that school construction and debt service
costs place on local budgets. Accordingly, the state is urged to provide localities with
recurring money for school facility debt service, on a per pupil basis, and in addition to the
SOQ funding, and to establish a permanent revenue source and formula for distributing school
construction and debt service funding to localities. In the alternative, the state should increase
the current level of school construction funding, funding for the Literary Loan program, and
funding for the Virginia Public School Authority Interest Rate subsidy program. These funds
should be protected from other use or allocations.
· RCPS supports efforts to increase graduation rates. Thus, the state is encouraged to require
that students be on track for or making acceptable progress towards graduation to receive and
retain a Virginia drivers' license.
8
Legislative Program
Preface
RCPS is concerned about possible revisions to the state budget that might affect education.
In the event funding for local school divisions is reduced by the General Assembly, RCPS believes that
funding cuts should be on a "percentage of total" basis, thus permitting local school divisions to
determine where the corresponding expenditure reductions should be made. Additionally, school
divisions should be permitted to apply for waivers from the Standards of Accreditation (SOA) and the
Standards of Quality (SOQ), as appropriate, in those areas impacted by the funding cuts.
Education Funding
Roanoke City Public Schools (RCPS) supports full funding for the General Assembly's minimum
foundation school finance program for K-12 public education.
. RCPS supports the General Assembly fully funding the rebenchmarking of the SOQ so the
standards are "realistic in relation to the Commonwealth's current education needs and
practices. "
. RCPS supports the General Assembly funding l2-month raises using the linear weighted
average and real inflation figures derived from annual reports from the divisions.
. RCPS opposes the continued use of the Literary Fund for purposes other than school
construction.
. RCPS opposes any changes in the Standards of Quality Funding Formula which would
reduce any funds to local school divisions.
. RCPS supports the position that public tax dollars for K-12 public education should be spent
only on K-12 public schools. RCPS opposes tuition tax credits, scholarships, vouchers, and
other like attempts to divert funds from K-12 public education.
. RCPS supports increased funding for at-risk programs in order to reduce the dropout rate,
increase graduation rates, lessen the burden on local governments to incur the costs of such
programs.
. RCPS supports appropriation of school funds by local governing bodies on a lump sum basis
over categorical basis.
· RCPS opposes local government boards using K-12 appropriations for any purpose other
than education.
. RCPS supports additional funding for alternative education and maintains that such funding
should be the joint responsibility of the local school division and the state-funded alternative
education programs.
. Local school divisions should receive funding for elementary alternative education programs.
. RCPS opposes transportation services for private school students by public school buses and
believes it is an inappropriate use of public funds.
. RCPS supports current practices and funding for students whose disabilities require special
transportation.
9
. RCPS supports efforts to change funding for elementary and secondary education in the
Commonwealth to reflect true costs incurred by school divisions in meeting the requirements
ofthe SOQ, SOA, and the SOL.
. RCPS supports efforts to ensure that the funding formula reflects current costs to meet state
requirements that have been added since the formula was last revised.
. RCPS supports efforts to ensure that the funding formula reflects educational practices that
go beyond the requirements of the SOQ but are needed because they constitute best practices
that benefit all children.
. RCPS supports efforts to expand positions and funding under the SOQ to reflect actual
education practices in school divisions.
. RCPS supports efforts to expand state and federal revenue to fully fund mandates.
. RCPS supports efforts to grant localities the authority to utilize additional revenue sources
other than property taxes.
. RCPS supports exclusion of all federal deduct funds in the re-benchmarking of the SOQ
process.
. RCPS supports the revision of the current transportation reimbursement in Basic Aid to
reflect the current cost of fuel.
. RCPS opposes any changes in the Standards of Quality Funding Formula which would
reduce any funds to local school divisions.
Academic Achievement
RCPS is committed to increasing the performance of all of its students and to closing achievement gaps,
with particular emphasis on the lower performing subgroups of students as defined by the No Child Left
Behind (NCLB) Act.
. RCPS supports continuation of local initiatives to raise graduation requirements.
· RCPS supports the development of a Career Technical Diploma to recognize students whose
achievement is in the area of technical education.
. RCPS opposes the concept of Standards of Learning (SOL) becoming regulations.
· RCPS supports the idea of the Standards of Accreditation (SOA) being approved only when
funded by the General Assembly.
· RCPS believes that the state should assume a role of support and direction rather than one of
punitive enforcement in accountability and accreditation.
· RCPS supports legislation that enhances the ability of local school boards and administrators
to conduct school business in an environment that protects the privacy of students and
personnel records and other sensitive information.
· RCPS supports allowing local school division policies to control student access to the
Internet and the use of software to filter certain information.
· RCPS supports efforts to review the SOQ to reflect the actual educational practices of local
school divisions.
. RCPS supports continued funding for dropout programs.
· RCPS supports continued and additional funding for at-risk students, to include remedial
education SOQ funding, at-risk SOQ funding, funding for reduced K-3 class size, at-risk 4-
year-old funding, and technology funding.
10
. RCPS supports continued funding for alternative education
. RCPS requests the General Assembly provide funding to local school divisions to employ the
additional personnel necessary to coordinate the testing that will be required as a result of the
revisions to the SOA.
School Construction, Maintenance and Debt Service
RCPS is committed to ensuring the effective and efficient use of division facilities and infrastructure.
RCPS encourages the state to recognize the burden that school construction and debt service costs place
on local budgets. Accordingly, the state is urged to provide localities with recurring money for school
facility debt service, on a per pupil basis, and in addition to the SOQ funding, and to establish a
permanent revenue source and formula for distributing school construction and debt service funding to
localities. In the alternative, the state should increase the current level of school construction funding,
funding for the Literary Loan program, and funding for the Virginia Public School Authority Interest
Rate subsidy program. These funds should be protected from other use or allocations.
. A program of state participation in school construction and renovation projects should be
implemented in addition to current Literary Fund and VPSA programs, school construction
grants, and lottery proceeds programs.
. Sufficient funding should be provided for the Literary Loan program to meet construction
requests within one year.
. The state should address the financial condition of the Literary Fund and should balance the
general fund without using the proceeds of the Literary Fund to balance the budget.
. The state should continue the VPSA subsidy sales until the Literary Fund is available to meet
school construction needs.
. The General Assembly should expand the ability of school divisions to borrow through
expanding the capacity of the VPSA.
. The state should share debt service as ongoing, unfunded operational expenses.
. Debt service should not be part of the state-funding match.
. The state should fund construction and renovation costs associated with state mandates (e.g.
reduced class sizes, 4-year-old programs, etc.).
Attracting, Training, and Retaining Division Staff
RCPS is committed to attracting, training, and retaining the best staff for our urban Division.
a. RCPS supports legislation to address the teacher and administrator shortage crisis. This
legislation should include providing financial assistance to school divisions for recruiting and
retaining qualified teachers and administrators.
b. RCPS supports additional teacher education scholarships
c. RCPS supports funding stipends for mentors to meet their mentor program requirements
d. RCPS supports increased funding for comprehensive staff' development programs for
teachers and administrators including full funding for national board certification.
e. RCPS supports increasing salaries and benefits of all teachers, administrators, and
superintendents so that Virginia will be in the top 10% in the nation.
11
f. RCPS supports efforts to provide competitive salaries and benefits which will retain quality
education employees in the profession and which will attract and retain new personnel of
high caliber.
g. RCPS supports state funding for ongoing technology training in order to comply with the
State licensure requirements and the rapidly changing technology advancements and needs in.
schools.
h. RCPS supports current law which vests final authority in any case involving the grievance
procedure with local school boards.
1. RCPS supports the idea of term contracts for teachers and administrators
J. RCPS supports enabling school divisions to re-hire retired licensed personnel with no waiting
period on a full-time basis with no loss of retirement benefits.
k. RCPS supports the concept that local school divisions are capable of setting, monitoring, and
evaluating instructional schedules for school personnel. Planning time for teachers should be
a local decision based on the local requirement and specific local schedule.
1. RCPS supports initiatives to add teaching personnel to elementary schools and requests that
nay such initiative be made flexible so that additional teachers can be employed in
accordance with the needs of the local school divisions.
m. RCPS supports Standards of Quality that define and require certain administrative, support,
and instructional staffing levels.
n. RCPS believes that minimum staffing requirements should be set in the Standards of Quality.
o. RCPS supports increasing the minimum staffing requirements in the Standards of Quality
through additional funding.
p. RCPS supports permanent funding for educational technology in the Standards of Quality
Ensuring School Safety
RCPS is committed to ensuring the safest schools for our students and staff as part of its broader effort
to facilitate a productive learning environment in all schools. RCPS urges the continuation of grants and
enhanced funding for School Resource Officers and other school safety programs and initiatives.
. RCPS supports the authority of local school boards granted in the Constitution to regulate
firearms on school property and at school events.
School Calendars
RCPS supports returning control of the public school calendar to local school boards and supports local
flexibility and control over opening dates to allow local school boards to have time to provide for
required remediation and teacher training.
No Child Left Behind
RCPS supports NCLB's general goal of having all children learn to high standards, but is deeply
concerned about the Act's major expansion of federal authority over state and local educational
programs as well as the huge costs required for non-Title I students to be carried by local funds in this
program. RCPS supports return of accountability to state and local authorities. RCPS also supports full
12
funding by the federal government for the implementation of NCLB. In the absence of the return of
accountability, RCPS supports the following changes:
a. Add both a clear promise to fully fund Title I and Part B or IDEA and a clear path to full
funding for Title I and IDEA
b. Add real, valid, reliable and standards-based measures that accurately measure each student's
actual starting point and growth over time.
c. Settle the continuing conflict between IDEA and Title I in favor of the individualized
instruction and assessment required by IDEA by (a) eliminating the arbitrary caps on student
assessment and add developmentally appropriate measures and assessments called for in the
student's IEP; and (b) include the IDEA mandate for services to high school graduation or
age 21 in the calculation of graduation rates.
d. Permit states to determine appropriate measures and assessments for English Language
Learners based on state approved tests and the professional judgment of teachers and
administrators.
e. Count in A YP a student's passing score on all test retakes.
f. Eliminate all plans, reports, audits and staffing mandates that research does not show
improved achievement for low-income children.
g. Sharpen the targeting of funds to school districts and schools where poverty is concentrated
based on the percentage of such students
h. Eliminate the comparability requirement of equal per-pupil spending on teachers since the
calculation mistakenly equates salary with teacher quality.
1. Clarify the high school graduation rate calculation.
13
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 T, WEBB
Assistant Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
November 18, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38283-111708 appropnatlng
funds from the Federal and Commonwealth governments, 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, November 17, 2008, and is in
fu II force and effect upon its passage.
Sincerely,
.lYJOIlYV
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
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
.~
~/
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th of November, 2008.
No. 38283-111708.
AN ORDINANCE to appropriate funding from the Federal and Commonwealth
governments amending and reordaining certain sections ()f 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
Teachers
Social Security
City Jail - Teacher
City Jail - Social Security
Teacher Stipend - Addison
Social Security - Addison
Teacher Stipend - Breckinridge,
Social Security - Breckinridge
Teachers
Program Coordinator
Site Manager
Activity Assistants
Retiree Health Credit
Social Security
Retirement
Health/Dental Insurance
Group Life Insurance
Contracted Services
Pupil Transportation
Mileage
Travel Fares
Subsistence and Lodging
Evaluation
Parental Involvement
I nservice
Books and Subscriptions
GED Resource Materials
Materials and Supplies
Conventions/Education
Professional Development
Teacher Salary
302":160-0000-1305-1 02C-611 00-41121-9-07
302-160-0000-1305-1 02C-611 00-42201-9-07
302-160-0000-1050-104B-61100-41121-9-07
302-160-0000-1050-104B-61100-42201-9-07
302-110-1305-0280-359C-61100-41129-3-01
302-11 0-1305-0280-359C-611 00-42201-3-01
302-110-1305-021 0-359C-611 00-41129-3-01
302-110-1305-0210-359C-61100-42201-3-01
302-110-1102-0440-158C-61100-41121-3-05
302-110-1102-0440-158C-61100-41124-3-05
302-110-1102-0440-158C-61100-41124-3-05
302-110~1102-0440-158C-61100-41141-3-05
302-110-1102-0440-158C-61100-42200-3-05
302-110-11 02-0440-158C-611 00-42201-3-05
302-110-1102-0440-158C-61100-42202-3-05
302-110-11 02-0440-158C-611 00-42204-3-05
302-110-11 02-0440-158C-611 00-42205-3-05
302-110-1102-0440-158C-61100-43313-3-05
302-110-11 02-0440-158C-611 00-44420-3-05
302-110-11 02-0440-158C-611 00-45551-3-05
302-110-11 02-0440-158C-611 00-45552-3-05
302-110-11 02-0440-158C-611 00-45553-3-05
302-110-11 02-0440-158C-611 00-45584-3-05
302-110-11 02-0440-158C-611 00-45585-3-05
302-110-1102-0440-158C-61100-45587-3-05
302-110-1102-0440-158C-61100-46613-3-05
302-11 0-1102-0440-158C-611 00-46613-9-07
302-110-1102-0440-158C-61100-46614-3-05
302-120-0000-1000-1 05C-611 00-45554-9-02
302-140-0000-1 000-145C-6121 0-45554-9-08
302-120-0000-1 050-330C-611 00-41121-3-02
$ 4,308
346
2,559
196
4,645
355
9,289
711
31,500
1 0,400
14,400
28,800
112
6,647
1 ,436
1,092
89
38,500
18,000
492
750
2,236
1,000
6,500
6,000
7,500
1,500
7,500
5,000
4,500
3,397
Social Worker Salary
Clerical Salary
Retiree Health Credit
Social Security
Retirement
Health/Dentallnsurance
State Group Life Insurance
Mileage
Professional Development
Materials and Supplies
Technology Hardware
Revenues
Federal Grant Receipts
Federal Grant Receipts
State Grant Receipts
Federal Grant Receipts
Federal Grant Receipts
Federal Grant Receipts
State Grant Receipts
302-120-0000-1 050-330C-611 OO~ 1134-3-02
302-120-0000-1050-330C-61410-41151-3-02
302-120-0000-1 050-330C-611 00-42200-3~02
302-120-0000-1 050-330C-611 00-42201-3-02
302-120-0000-1 050-330C-611 00-42202-3-02
302-120-0000-1 050-330C-611 00-42204-3-02
302-120-0000-1 050-330C-611 00-42205-3-02
302-120-0000-1 050-330C"611 00-45551-3-02
302-120-0000-1 050-330C-611 00-45554-3-02
302-120-0000-1 050,"330C-611 00-46614-3-02
302-120-0000-1 050-330C-611 00-46650-3-02
302-000-0000-0000-102C-00000-38002-O-00
302-000-0000-0000-1048-00000-38002-0-00
302-000-0000-0000-359C-00000-32400-O-00
302-000-0000-0000-158C-00000-38287 -0-00
302-000-0000-0000-1 05C-00000-38027 -0-00
302-000-0000-0000-145C-00000-38196-0-00
302-000-0000-0000-330C-00000-32295-0-00
9,299
703
200
1,026
1,997
(2,568)
67
1,250
1,250
(452)
1,250
4,654
2,755
15,000
184.454
5,000
4,500
17.419
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
;JhJ~o'rl YYjWu.
City Clerk.
CITY OF ROANOKE
SCHOOL BOARD
P.O. Box 13145, ROANOKE, VA 24031 . 540~853~2381 . 540~853~2951
November 17, 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 November 11
meeting, the Board respectfully requests the appropriation of the following
funds:
· $4,654.00 for the Adult Basic Education Program to provide for the
education of adults who have not completed high school. This
continuing program will be reimbursed one hundred percent by federal
funds.
· $2,755.00 for the Adult Education in the Jail Program to provide
instruction to inmates in the Roanoke City Jail to aid in their
acquisition of the GED Program. This continuing program will be
reimbursed one hundred percent by federal funds.
· $15,000.00 for the VA Middle School Teacher Corps Program to help
schools designated as "at risk in Mathematics" to fill teaching
vacancies with qualified, experienced math teachers and improve
student achievement in mathematics. The monies will be used to
support a salary differential for a qualifying math teacher at Addison
and Breckinridge Middle Schools. This continuing program will be
reimbursed one hundred percent by State funds.
· $184,455.00 for the 21st Century Community Learning Center at
Ruffner. The program will address the critical attendance, academic,
and parental involvement needs of the community in a safe,
, supervised, and nurturing environment. The program further provides
significant expanded learning opportunities that contribute to a
reduced drug use and violence as it assists students to meet or exceed
local and state standards in core academic subjects. This new
program will be reimbursed one hundred percent by federal funds.
Members of Council
Page 2
November 17, 2008
. $5,000.00 for the Bridging the Gap Program, a program that will be in
partnership with Family Services of Roanoke Valley. The funds are
restricted toward the Bridging the Gap Seminar in the Wrap-Around
Program. This new program will be reimbursed one hundred percent
by federal funds.
. $4,500.00 for the Homeless Assistance Program to use for professional
development. This continuing program will be reimbursed one
hundred percent by federal funds.
. $17,419.00 for the Special Education Jail Program to provide funds for
the salary and expenses of the staff providing special education
instruction and screening services to the inmates of the Roanoke City
Jail. This continuing program will be reimbursed one hundred percent
by State funds.
The School Board thanks you for your approval of the appropriation
requests.
Sincerely,
~i+.P~
Cindy Hi Poulton, Clerk
re
cc: Mr. David B. Carson
Dr. Rita D. Bishop
Mr. Curtis D. Baker
Mrs. Margaret A. Lindsey
Ms. Darlene L. Burcham
Mr. William M. Hackworth
Mrs. Ann H. Shawver
Ms. Dorothy Hoskins (with
accounting details)
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 461
PO Box 1220
Roanoke, Virginia 24011-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER, CPA
Director of Finance
November 17, 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 November 11 meeting, the Board
respectfully requests that City Council appropriate the following funds:
. $4,654 for the Adult Basic Education Program to provide for the education of
adults who have not completed high school. This continuing program will be
reimbursed one hundred percent by federal funds.
. $2,755 for the Adult Education in the Jail Program to provide instruction to
inmates in the Roanoke City Jail to aid in their acquisition of the GED Program.
This continuing program will be reimbursed one hundred percent by federal
funds.
. $15,000 for the VA Middle School Teacher Corps Program to help schools
designated as "at risk in Mathematics" to fill teaching vacancies with qualified,
experienced math teachers and improve student achievement in mathematics.
The monies will be used to support a salary differential for a qualifying math
teacher at Addison and Breckinridge Middle Schools. This continuing program
will be reimbursed one hundred percent by State funds.
. $184,455 for the 21't Century Community Learning Center at Ruffner. The
program will address the critical attendance, academic, and parental
involvement needs of the community in a safe, supervised, and nurturing
environment. The program further provides significant expanded learning
opportunities that c~ntribute to a reduced drug use and violence as it assists
Honorable Mayor and Members of Council
November 17, 2008
Page 2
students to meet or exceed local and state standards in core academic subjects.
This new program will be reimbursed one hundred percent by federal funds.
. $5,000 for the Bridging the Gap Program, a program that will be in partnership
with Family Services of Roanoke Valley. The funds are restricted toward the
Bridging the Gap Seminar in the Wrap-Around Program. This new program will
be reimbursed one hundred percent by federal funds.
. $4,500 for the Homeless Assistance Program to use for professional
development. This continuing program will be reimbursed one hundred percent
by federal funds.
. $17,419 for the Special Education Jail Program to provide funds for the salary
and expenses of the staff providing special education instruction and screening
services to the inmates of the Roanoke City Jail. This continuing program will be
reimbursed one hundred percent by State funds.
We recommend that you concur with this report of. the School Board and adopt the
attached budget ordinance to appropriate funding as outlined.
Sincerely,
f(}6~
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
~ '; ._l ;"Y'-:'at,i
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva,gov
SHEILA N, HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELlA T, WEBB
Assistant Deputy City Clerk
November 18, 2008
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38284-111708 approprlatmg
funds provided by Virginia Public School Authority Series 2009 Bond Funds for
various School Roof Replacement projects, and amending and reordaining
certain sections of the 2008-2009 School Capital Projects Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, November 17, 2008, and is in
fu II force and effect upon its passage.
Sincerely,
~~.h)tyU
Stephanie M. Moon, CMC
City Clerk
SM M :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
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
~'-,
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of November, 2008.
No. 38284-111708.
AN ORDINANCE to appropriate funding to be provided by Virginia Public
School Authority Series 2009 Bond Funds for various School Roof Replacement
projects, amending and reordaining certain sections of the 2008-2009 School Capital
Projects Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2008-2009 School Capital Projects Fund Appropriations be, and the
same are hereby, amended and reordained to read and provide as follows:
Appropriations
School Roof Projects
Appropriated from VPSA Bonds
Appropriated from VPSA Bonds
Appropriated from VPSA Bonds
Appropriated from VPSA Bonds
Appropriated from VPSA Bonds
31-060-9708-9102
31-065-6089-9006
31-065-6091-9006
31-065-6092 -9006
31-065-6093-9006
31-065-6094-9006
$ (2,500,000)
99,645
818,740
760,000
741,615
80,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title, is hereby dispensed with.
ATTEST:
~hj, rh6MJ
City Cle.rk. /
j ,"', .;
CITY OF ROANOKE
SCHOOL BOARD
P.O. Box 13145, ROANOKE, VA 24031 .540-853-2381 .540-853-2951
November 17, 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 November 11
meeting, the Board respectfully requests the appropriation of $2,500,000.00
from future City 2009 Virginia Public School Authority bond funds to provide
for the partial or total replacement of roofs at Forest Park Academy, Fairview
Elementary School, and Hurt Park Elementary School. Additionally, the
funds will be used for a comprehensive evaluation of subsequent required
roofing work across the division and, to the extent funds are available under
this appropriation, implementation of such work.
The School Board appreciates City Council's approval of the
appropriation request and the assistance of the City Administration in
providing temporary funding in the City's Reserve Account in the amount of
$1,082,000 to use until the VPSA bonds are sold in late November, 2008.
Sincerely,
.?~
ulton, Clerk
re
cc: Mr. David B. Carson
Dr. Rita D. Bishop
Mr. Curtis D. Baker
Mrs. Margaret A. Lindsey
Ms. Darlene L. Burcham
Mr. William M. Hackworth
Mrs. Ann H. Shawver
Ms. Dorothy Hoskins (with
accounting details)
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 461
PO Box 1220
Roanoke, Virginia 24011-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER, CPA
Director of Finance
November 17,2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice-Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: School Board Appropriation Request - Roof Projects
As the result of official School Board action at its November 11 meeting, the
Board respectfully requests that City COuncil appropriate $2,500,000 from
Virginia Public School Authority Series 2009 bond funds to provide for the
partial or total replacement of. roofs' at Forest Park Academy, Fairview
Elementary School, and Hurt Park EI~mentary School as well as a small amount
of funding to be used for roof design work and for future roof projects.
The School Board appreciates City Council's approval of the appropriation
request and of the previous appropriation of undesignated fund balance of
$1,082,000 to front-fund roofing projects until the VPSA bonds are sold in late
November 2008. These funds will be transferred for use on other school
projects by subsequent action of the Board.
We recommend that you concur with this report of the School Board and adopt
the attached budget ordinance to appropriate funding as outlined.
Sincerely,
(}6~
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
Curtis D. Baker, Deputy Superintendent of Operations
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 T, WEBB
Assistant Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
Novem,ber 18, 2008
Glenda Edwards, Executive Director
Roanoke Redevelopment and Housing Authority
P. O. Box 6359
Roanoke, Virginia 24017
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Edwards and Ms. Burcham:
At a regular meeting of Council of the City of Roanoke held on Monday,
November 17, 2008, Council Member Rosen requested a status report with
regard to the homes on Miller Hill Day Avenue, S. W.
Sincerely,
~ fh. lO)DW
Stephanie M. Moon, CMCt
City Clerk
SM M :ew
pc: R. Brian Townsend, Assistant City Manager for Community Development
I
I
I
603
The Chairman stated that the Miller Hill Day Avenue area consists of 17
homes, five are under renovation, and one is complete and listed for sale. He
further stated that upon completion, Park Street Square, consisting of 25
affordable one, two and three bedroom units, with amenities, located at the
corner of Loudon Avenue and Fifth Street, N. W., will be available for rent in
November 2007; and the Hurt Park Housing project which consisted of 105
units were demolished and 40 low income housing tax credit apartments will be
constructed on the site, based on a commitment of $1 million from the City for
infrastructure. He added that it is hoped that the Hurt Park area will be similar
to Villages at Linl:oln to unite the community.
Discussion:
Council Member Lea congratulated Chairman Lee. on his position and
commended him on working with HUD to remove the tag of troubled agency.
He called attention to concerns expressed by residents in the Village at Lincoln
that reside in handicapped apartments, but do not have, backdoors, and
inquired if the concerns were valid; whereupon, Ms. Powell responded in the
affirmative, but also noted that the concerns were being addressed by an
advocacy committee.
Glenda Edwards, Interim Executive Director, reiterated that the Authority
has installed screen doors in various apartments at the Villages of Lincoln
based on seniority. She added that a survey was sent to residents inquiring
whether screen doors. were desired and to respond by August 31, 2007.
Following discussion, Chairman Lee advised that the Authority would
respond to the Council regarding the status of the abovementioned issue.
Council Member Mason inquired if Glenda Edwards had been officially
hired as the Executive Director of the Housing Authority; whereupon, the
Chairman responded that Ms. Edwards was still serving as the Interim Director,
adding that once the Authority was fully staffed, an Executive Director would be
named.
Vice-Mayor Trinkle inquired about the decrease in the number of Hurt
Park dwellings from 125 units to 40, and the relocation of the residents;
whereupon, Chairman Lee remarked that a report regarding occupancy in Hurt
Park was received by the Board monthly, and the families that have been
relocated. will be the first occupants to return. Ms. Edwards interjected that
scattered site housing will be constructed instead of large developments.
Chairman Lee added that the changes were implemented with the input from
the residents.
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
November 17, 2008
Council Members
Shemlan P. Lea
Gwen W. Mason
Alvin L. Nash
Anita J, Price
Court G. Rosen
David B, Trinkle
DAVID A. BOWERS
Mayor
Mr. Ricardo Stovall
Mr. Ricardo "Cardy" Stovall, II
Ms. Raven C. Stovall
Mr. Timothy Stewart
Ms. Helen E. Davis
Ms. Evelyn Bethel
Mr. and Mrs. Carl Haley
Dear Mr. Stovall and Family:
On behalf of the Mayor and Members of the Roanoke City Council, please allow
me to express my sympathy to you in the death of your loved one, Melody S.
Stovall.
Mrs. Stovall was a devoted wife, mother and member of the Shiloh Baptist
Church. Among her many accomplishments, she served as the first Executive
Director of Roanoke's Harrison Museum of African American Culture, and the
DirSlctor of Self-Sufficiency for the RO'anoke Redevelopment .and Housing
Authority. Jhrougho'Vt her life, her dedication and strong commitment to her
community matle a difference in the lives of others.
Mrs. Stovall will be remembered as a kind and generous person, and her legacy
will surely be an inspiration to others to be more like her. I know she will be
deeply'missed by her family, numerous friends, and so many others whose lives
she touched.
Please know that you are. in our thoughts and prayers throughout this time of
sadness.
Sincerely,
rA
Anita J. Price, Member
Roanoke City Council
\..,
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N, HARTMAN, CMC
Deputy City Clerk
CECELIA T, WEBB
Assistant Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
November 18, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of OPTION A - REVISED 11/17/08 Ordinance No. 38285-
111708 authorizing the proper City officials to execute an Amendment No.4 to
a Performance Agreement dated November 18, 2004, as amended, among the
City of Roanoke, the Economic Development Authority of the City of Roanoke,
Virginia, and IMD Investment Group, LLC, which amendment will provide for a
time extensiol1 concerning an obligation of IMD under such Performance
Agreement, subject to certain requirements.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, November 17, 2008, and is in
full force and effect upon its passage.
Sincerely,
##~ /n.lY}ilYV
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
Darlene L. Burcham
November 18, 2008
Page 2
pc: Bland Painter, Sole Member and Manager, IMD Investment Group, LLC,
P. O. Box 477, Troutville, Virginia 24175
Dennis R. Cronk, Chair, Economic Development Authority, 3310
,Kingsbury Circle, S. W., Roanoke, Virginia 24014
Harwell M. Darby, Jr., Attorney, Economic Development Authority, Glenn,
Feldmann, Darby and Goodlatte, P. O. Box 2887, Roanoke, Virginia
24001
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management arid Budget
Brian K. Brown, Economic Development Administrator
Linda S. Bass, Economic Development Specialist
rr\'
.-./
OPTION A-REVISED 11/17/08
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 17th day of November, 2008.
No. 38285-111708.
AN ORDINANCE authorizing the proper City officials to execute an Amendment
No.4 to a Performance Agreement dated November 18, 2004, as amended, among the
City of Roanoke, (City), the Economic Development Authority of the City of Roanoke,
Virginia, (EDA), and IMD Investment Group, LLC, (IMD), which amendment will
provide for a time extension concerning an obligation of IMD under such Performance
Agreement, subject to certain requirements; and dispensing with the second reading by
title of this Ordinance.
WHEREAS, the City, the EDA, and IMD entered into a Performance Agreement
dated November 18, 2004, (Performance Agreement), a subsequent Amendment No. 1
dated November 14, 2006, a subsequent Amendment No.2 dated September 18, 2007,
and a subsequent Amendment No.3 dated June 18, 2008, concerning IMD's proposed
development of certain property mentioned therein, and which was subject to certain
terms and conditions contained in such Performance Agreement;
WHEREAS, IMD has requested a further time extension for completion of one of
IMD's obligations under the Performance Agreement, Amendment No.1, Amendment
No.2, and Amendment No.3, and City staff recommends granting such request, subject
to certain requirements. After approval by the City, the Amendment No.4 will be sent to
the EDA for its action and ~xecution; and
1
WHEREAS, at the Council meeting on November 17, 2008, IMD also requested
\
an extension of time to fil~ its first grant year request from December I to December 17,
2008.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. City Council hereby approves IMD's requested time extension for
completion of one of IMD's obligations under the Performance Agreement, Amendment
No.1, Amendment No.2, and Amendment No.3, namely that item relating to Subsection
2 (D), subject to certain requirements as set forth in the City Manager's letter to Council
dated November 17, 2008, and the draft Amendment No.4 attached thereto, and also the
requested extension of time to file its first grant year request as noted above.
2. The City Manager is authorized on behalf of the City to execute an
Amendment No.4 to the Performance Agreement, Amendment No.1, Amendment No.
2, and Amendment No. 3, providing for a certain time extension for IMD to complete one
of IMD's obligations thereunder regarding the time period to open a drug store, upon
certain requirements, terms, and conditions as set forth in the above mentioned City
Manager's letter, and which also will extend the time for IMD to file its first grant year
request from December 1, 2008 to Dece~ber 17, 2008. Such Amendment will be
retroactive as of October 31, 2008, and will be substantially similar to the Revised
Amendment No.4, Option A, presented to City Council, and in a form approved by the
City Attorney.
3. . The City Manager is further authorized to take such actions and execute
such documents as may be necessary to provide for the implementation, administration,
2
and enforcement of such amendments to the Performance Agreement and of the
Performance Agreement itself.
4. Pursuant to the provisions of Section 12 of the City Charter, the second
reading by title of this Ordinance is hereby dispensed with.
ATTEST:
J41i~ 0Yi. ~
City Clerk.
3
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S,W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva,gov
November 17, 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: Amendment No.4 to
Performance Agreement with
IMD Investment Group, LLC
Background:
The City, IMD Investment Group, LLC (IMD), and the Economic Development
Authority of the City of Roanoke, Virginia (EDA), entered into a Performance
Agreement dated November 18, 2004, and subsequently three amendments
dated November 14, 2006, September 18, 2007, and June 18, 2008,
regarding the development of certain property on the corner of Wonju Street
and Franklin Road, SW, which is called Ivy Market. On October 15, 2008, IMD
requested an extension of the October 31, 2008 due date for the completion
and opening of a Walgreens drug store to April 30, 2009.
While the opening of Walgreens has not proceeded as originally anticipated,
IMD has met other requirements of its first phase. Under the terms of the
Agreement, if IMD has met all of its requirements, it can request a grant from
the EDA equal to the amount of applicable revenue actually received by the
City for the applicable grant year, subject to a $600,000 per year limit.
Another provision of the November 18, 2004, Agreement, however, calls for
the completion of an additional $3,000,000 investment in structured parking
spaces to bring the total of such spaces to 516, site infrastructure
improvements, and 60,000 square feet of additional commercial/retail space
by November 18, 2009. If the terms of the Agreement are not met, IMD's
failure to complete this phase would reduce the grant request amount by 50%
Honorable Mayor and Members of City Council
November 17, 2008
~Pag e 2
subject to the same $600,000 per year limit. Given the absence of activity on
phase 2, and the likelihood that the terms cannot be met, staff recommends
that no extensions be granted for phase 2 and that such 50% limitation be
effective with the fourth grant year beginning July 1, 2010.
Recommended Action:
Approve IMD's requested time extension subject to the other provisions
mentioned above and as set forth in the Draft Amendment No. 4 to the
Performance Agreement as set forth in the attachment to this letter.
Authorize the City Manager to execute an Amendment No. 4 to the
Performance Agreement among the City, IMD, and the EDA, in a form
substantially similar to the one attached, such Amendment No. 4 to be
retroactive as of October 31, 2008, with the form of such Amendment NO.4
to be approved by the City Attorney. .
Authorize the City Manager to take such actions and execute such
documents as necessary to implement, administer, and enforce such
Amendment NO.4 to the Performance Agreement.
Respectfully submitted,
DLB:LB
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Asst. City Manager for Community Development
Sherman M. Stovall, Director of Management and Budget
Brian K. Brown, Economic Development Administrator
Linda S. Bass, Economic Development Specialist
Charles E. Hunter, III, Chair, EDA
Harwell (Sam) M. Darby, Jr., Attorney, EDA
Bland Painter, IMD
CM08-00 1 80
/'
OPTION A-REVISED 11-17-08
AMENDMENT NO.4 TO PERFORMANCE AGREEMENT
This is Amendment No. 4 t~ a certain Performance Agreement dated November 18,2004, by and
among the City of Roanoke, Virginia, a municipal corporation (City), IMD Investment Group,
LLC, a Virginia Limited Liability Company (IMD), and the Economic Development Authority
of the City of Roanoke, Virginia, an economic development authority organized and existing
under the laws of the Commonwealth of Virginia (EDA). This Amendment No.4 is dated
, 2008.
WITNESSETH:
WHEREAS, the City, IMD, and the EDA (formerly the IDA) entered into a certain Performance
Agreement dated November 18, 2004, (Performance Agreement) concerning IMD's proposed
development of certain property mentioned therein and which was subject to certain terms and
conditions contained in such Performance Agreement; .
WHEREAS, due to unanticipated time delay's which IMD indicated were beyond its control,
IMD requested certain time extensions for completion of some of IMD's obligations under such
Performance Agreement and the City and the EDA agreed to IMD's request and entered into
Amendment No.1 dated November 14,2006;
WHEREAS, due to further unanticipated time delays which IMD ipdicated were beyond its
control, IMD requested an additional time extension for completion of IMD's obligations in
Section 2 (D) of the Performance Agreement and the City and the EDA agreed to IMD's request
and entered into Amendment No.2 dated September 18, 2007;
WHEREAS, due to further unanticipated time delays which IMD indicated were beyond its
control, IMD requested an additional time extension for completion of IMD's obligations in
Section 2 (D) of the Performance Agreement and the City and the EDA agreed to IMD's request
and entered into Amendment No.3 dated June 18, 2008; and
WHEREAS, due to additional unanticipated time delays which IMD has indicated were beyond
its control, IMD has requested a further extension of time for complying with IMD's obligations
in Section 2 (D) of the Performance Agreement, as amended by Amendments No.1, No.2, and
No.3, and IMD has also requested an extension of time to file its first grant year request from
December 1,2008 to December 17, 2008. The City and the EDA have agreed to IMD's request,
subject to certain requirements as set forth herein, and the parties now wish to reduce to writing
their understanding of the time extension and requirements that are being addressed by this
Amendment No.4.
NOW, THEREFORE, the parties, in consideration of the promises and obligations contained in
the original Performance Agreement, Amendment No.1, Amendment No.2, Amendment No.3,
and in this Amendment No.4, mutually agree as follows:
1
Section 1. Certain Limited Time Extension.
Subject to the terms of this Amendment No.4, the following subsection of Section 2.
Obligations of IMD, of the Performance Agreement is being modified only to the extent
necessary to provide IMD with an additional time period, subject to certain requirements set
forth below and the other terms of this Amendment No.4, to perform certain obligations under
that subsection 2 CD) as set forth below. Therefore, Subsection 2 CD), as contained in the
Performance Agreement and as modified by Amendments No.1, No.2, and No.3, is hereby
deemed to be replaced retroactively effective as of October 31, 2008, with the replacement
subsection 2 (D) as set out below:
2 (D) On or before Apri130, 2009, IMD shall have a drug store, anticipated to be a
Walgreens, opened to the public for business on the Property.
Section 2. Modifications to Performance Agreement.
A. If IMD does have a drug store opened to the public for business as required by Section 1
of this Amendment No.4, then the provisions of this Section 2 come into effect and the
purpose of this Section 2 is to have a current enactment of the 50% provisions of Section
3 (C) of the Performance Agreement. IMD acknowledges that it will not be able to
comply with certain obligations that IMD undertook in the original Performance
Agreement, namely certain provisions as contained in the last sentence of Section 2 (E)
of the Performance Agreement, as amended by Amendment No.1 dated November 14,
2006, the obligations provided for in Section 2 (F) of the Performance Agreement, and
that IMD's inability to comply with such provisions affects the amount of the Grant
request that IMD can make, as detailed in Section 3 (C) of the Performance Agreement.
IMD further acknowledges and hereby agrees that IMD's inability to comply with such
requirements as ,mentioned above, has the effect of reducing the amount of any requested
Grant that IMD may make to an amount equal to 50% of the revenue mentioned in
Section 3 (C) of the Performance Agreement so that IMD shall not be able to request, and
shall not request, an amount greater than 50% of the amount of the revenue actually
received by the City as mentioned in such Section 3 (C) with the same $600,000 per year
limit on any such request. This means that in order for IMD to make a Grant request
equal to $600,000 for the Grant year in question, the City must have actually received an
amount of $1,200,000 or greater for that Grant year in question. The parties agree that
this 50% limitation shall apply starting with the fourth Grant year, which Grant Year will
start on July 1, 2010, and continue for each of the remaining eleven (11) Grant years
thereafter, as set forth in the Performance Agreement.
B. Assuming IMD has complied with the other provisions of the Performance Agreement,
the following examples show the application of the provisions of this Amendment No.4:
(i) If IMD does not have a drug store opened to the public for business as
required by Section 1 of this Amendment No 4, then IMD will be in
default of the provisions of the Performance Agreement and such
Agreement will be terminated as of that date. IMD will not be able to
make any Grant requests and will not be able to receive any Grant funds.
The EDA and City will' have no further obligations under such
2
Performance Agreement and will not process or honor any further Grant
requests from IMD.
(ii) If IMD complies with the provisions of the Performance Agreement and if
IMD does have a drug store opened to the public for business as required
by Section 1 of this Amendment No.4, then the provisions of Section 2 of
this Amendment No.4 also apply. Therefore, the following are examples
of potential Grant requests IMD might make:
a.
Total applicable revenues actually received by
the City for the second Grant year, which
is 7-1-2008 to 6-30-2009.
$400,000
Total Grant request IMD could make
$400,000
b.
Total applicable revenues actually received by
the City for the third Grant year, which
is 7-1-2009 to 6-30-2010.
$450,000
Total Grant request IMD could make
$450,000
c.
Total applicable revenues actually received by
the City for the fourth Grant year, which
is 7-1-2010 to 6-30-2011.
$500,000
Since the 50% provisions of S~ction 2 of this
Amendment No.4 apply, the Total Grant
Request IMD could make is (50% of $500,000)
$250,000
(This would be the total Grant request IMD could make for
such Grant year and the total amount of the Grant that might
be awarded subject to the . other requirements of the
Performance Agreement.)
Section 3. Extension of Time for IMD to File Its First Grant Year Request.
The parties hereby agree that only for IMD's first Grant year request the submittal deadline
referred in Section 3 (B) of the Performance Agreement is hereby extended from December 1,
2008, to December 17, 2008, and that such extension shall not apply to any of the subsequent
Grant year requests.
Section 4. Continuation of Terms and Conditions of Performance A2reement and
Retroactivity .
All the terms, obligations, and conditions of the original Performance Agreement dated
November 18, 2004, Amendment No.1 dated/November 14, 2006, Amendment No.2 dated
September 18,2007, and Amendment No.3 dated June 18,2008, arriong the parties shall and do
hereby continue in full force and effect, except and only to the extent as modified above and that
3
in the case of any conflict of terms, t~e provisions of this Amendment No.4 shall take
precedence over any other terms in those prior documents. This Amendment No.4 is retroactive
as of October 31, 2008.
SIGNATURE PAGE TO FOLLOW
IN WITNESS.WHEREOF, the parties have executed this Amendment No.4 by their authorized
representatives.
4
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ATTEST/WITNESS:
Printed Name and Title
WITNESS:
Printed Name and Title
(SEAL)
WITNESS:
, Secretary
Approved as to Form:
CityAttorney
Date:
Appropriation of Funds Required for
this Agreement are subject to future
appropriation:
Director of Finance
Date Acct #
Authorized by Ordinance No:
CITY OF ROANOKE
By:
Darlene L. Burcham, City Manager
IMD Investment Group, LLC
By:
Bland A. Painter, III, Sole Member and Manager
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF ROANOKE, VIRGINIA
By
Charles E. Hunter, III, Chair
Approved as to Execution:
City Attorney
Date:
5
November 17,2008
MEMO REGARDING COUNCIL OPTIONS
- ON AMENDMENT NO 4 TO
PERFORMANCE AGREEMENT
WITH IMD INVESTMENT GROUP, LLC
Council has two options for taking action on the above matter at its meeting on November 17,
2008, unless Council wishes to further table the matter. Those options are as follows:;
Option A
To review and accept the recommendation of City staff set forth in the City Manager's letter to
Council dated November 17, 2008. If Council accepts the recommendation of the City Manager,
Council can adopt the Ordinance that was drafted to enact the City Manager's recommendation,
which is to approve a draft dated November 12, 2008, of Amendment No.4 to the Performance
Agreement with IMD. This Amendment extends the time to open the drug store to April 30,
2009, but also activates at this time the 50% limitation period on future grant requests since it
doesn't appear likely that IMD will be able to comply with the requirements of that portion of
the Performance Agreement on or before November 18,2009. .
Option B
The second option Council has is to approve a draft dated November 17, 2008, of Amendment
No.4 to Performance Agreement with IMD Investment Group, LLC, that is being presented to
Council today. It is basically the same as the draft Amendment that was presented to Council on
October 23,2008, except that such Amendment No.4 is now made retroactive as of October 31,
2008 because the opening of the drug store under the prior Amendment No. 3 was to be
completed on or before-October 31,2008. This Amendment extends that date to April 30, 2009,
and then continues all the other provisioris of the Perfornlance Agreement and any prior
amendments, except as amended by Amendment No: 4, A revised Ordinance has also been
drafted for this Amendment No.4. This version of Amendment No.4 does not cunently activate
the 50% limitation, since IMD has until November 18, 2009, to comply with the requirements of
that pal1 ofthe Performance Agreement.
JS.~
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Option A
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE authorizing the proper City offiCials to execute an Amendment
No. 4 to a Performance Agreement dated November 18, 2004, as amended, among the
City of Roanoke, (City), the Economic, Development Authority of the City of Roanoke,
Virginia, (EDA), and IMD Investment Group, LLC, (IMD),which amendment will
provide for a time extension concerning an obligation of IMD under such Performance
Agreement, subject to certain requirements; and dispensing with the. second reading by
title of this Ordinance.
WHEREAS, the City, the EDA, and IMD entered into a Performance Agreement
dated November 18, 2004, (Performance Agreement), a subsequent Amendment No. 1
dated November 14, 2006; a subsequent Amendment No.2 dated September 18, 2007,
and a subsequent Amendment No.3 dated June 18,2008, concerning IMD's proposed
development of certain property mentioned therein, and which was subject to certain
terms and conditions contained in such Perfomlance Agreement; and
WHEREAS, IMD has requested a further time extension for completion of one of
IMD's obligations under the Performance Agreement, Amendment No.1, Amendment
No.2, and Amendment No.3, and City staff recommends granting such request, subject
to certain requirements, After approval by the City, the Amendment No.4 will be sent to
the EDA for its action and execution.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
.1"4 ,L,
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1, City Council hcreby approves IMD's rcquested time extension for
completion of one of IMD's obligations under the Performance Agreement, Amendment
No.1, Amendment No.2, and Amendment No.3, namely that item relating to Subsection
2 CD), subject to certain requirements as set forth in the City Manager's letter to Council
dated November 17,2008, and the draft Amendment No.4 attached thereto.
2. The City Manager is authorizcd on behalf of the City' to execute an
Amendment No. 4 to the Perfonnance Agreement, Amendment No, 1, Amendment No.
2, and Amendment No.3, providing for a certain time extension for WID to complete one
of IMD's obligations thereunder regarding the time period to open a dmg store, upon
certain requirements, tenns, and conditions as set forth in the above mentioned City
Manager's letter. Such Amendment will be rctroactive as of October 31, 2008, and will
be substantially similar to the one attached to such letter and in a form approved by the
City Attomey.
3, The City Manager is further authorized to take such actions and execute
such documents as may be necessary to provide for the implementation, administration,
and enforcement of such amendments to the Performance Agreement and of the
PerfODllance Agreement itself.
4. Pursuant to the provisions of Section 12 of the City Charter, the second
reading by title of this Ordinance is hereby dispensed with.
ATTEST:
City Clerk,
2
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Option A
DRAFT 11/12/08
AMENDMENT NO.4 TO PERFORMANCE AGREEMENT
This is Amendment No.4 to a certain Performance Agreement dated November 18, 2004, by and
among the City of Roanoke, Virginia, a municipal corporation (City), IMD Investment Group,
LLC, a Virginia Limited Liability Company (IMD), and the Economic Development Authority
of the 'City of Roanoke, Virginia, an economic development authority organized and existing
. under the laws of the Commonwealth of Virginia (EDA). This Amendment No.4 is dated
, 2008. .
WITNESSETH:
wHEREAS, the City, IMD, and the EDA (formerly the IDA) entered into a certain Performance
Agreement dated November 18, 2004, (Performance Agreement) concerning IMD's proposed
development of certain property mentioned t,herein and which was subject to certain terms and
conditions contained in such Performance Agreement;
. WHEREAS, due to unanticipated time delays which IMD indicated were beyond its control,
IMD requested certain time extensions for completion of some of IMD's obligations under such
Performance Agreement and the. City and the EDA agreed to IMD's request and entered into
Amendment No.1 dated November 14, 2006;
WHEREAS, due to further unanticipated time delays which IMD indicated were beyond its
control, IMD requested an additional time extension for completion of IMD's obligations in
Section 2 (D) of the Performance Agreement and the City and the EDA agreed to IMD's request
and entered into Amendment No.2 dated September 18,2007;
WHEREAS, due to further unanticipated time delays which IMD indicated were beyond its
control, IMD requested an additional time extension for completion of IMD's obligations in
Section 2 (D) of the Performance Agreement and the City and the EDA agreed to IMD's request
and entered into Amendment No. 3 dated June 18,2008; and
WHEREAS, due to additional unanticipated time delays which IMD has indicated were beyond
its control, IMD has requested a further extension oftime for complying with IMD's obligations
in Section 2 (D) of the Performance Agreement, as amended by Amendments No.1, No.2, and
No.3. The City and the EDA have agreed to IMD's request, subject to certain requirements as
set forth herein, and the parties now wish to reduce to writing their understanding of the time
extension and requirements that are being addressed by this Amendment No.4.
NOW, THEREFORE, the parties, in consideration of the promises and obligations contained in
the original Performance Agreement, Amendment No. I, Amendment No.2, Amendment, No.3,
and in this Amendment No.4, mutually agree as follows:
Section 1. Certain Limited Time Extension.
Subject to the terms of this Amendment No.4, the following subsection of Section 2.
Oblb!ations of IMD, of the Performance Agreement is being modified only to the extent
. .,
necessary to provide IMD with an additional time period, subject to certain requirements set
forth below and the other terms of this Amendment No.4, to perform certain obligations under
that subsection 2 (D) as set forth below. Therefore, Subsection 2 (D), as contained in the
Perfotmance Agreement and as modified by Amendments No. 1,No. 2, and No.3, is hereby
deemed to be replaced retroactively effective as of October 31, 2008, with the replacement
subsection 2 (D) as set out below:
2 (D)
On or before April 30, 2009, IMD shall have a drug store, anticipated to
be a Walgreens, opened to the public for business on the Property, and
more particularly on property identified as Tax Map No. 1272505.
Notwithstanding anything else in the Performance Agreement or any of
the Amendments thereto, or anything set forth above, if IMD fails to have
a drug store, anticipated to be a Walgreens, opened to the public for
business as set forth above on or before April 30, 2009, then IMD shall be
deemed to have breached the Performance Agreement and shall not be
eligible for and/or receive and/or continue to be eligible for and/or receive
any Grants or Grant funds or to make any Grant requests and such
Performance Agreement shall be terminated as of Apri130, 2009, and the
City and the EDA shall be relieved of any obligations they may have had
under such Performance Agreement. Also, the City and the EDA will not
honor or process any further Grant requests IMD may make.
Section 2. Modifications to Performance Ae:reement.
A. If IMD does have (l drug store opened to the public for business as required by Section 1
of this Amendment No.4, then the provisions of this Section 2 come into effect and the
purpose ofthis Section 2 is to have a current enactment ofthe 50% provisions of Section
3 (C) of the Performance Agreement. IMD acknowledges that it will not be able to
comply with certain obligations that IMD undertook in the original Performance
Agreement, namely certain provisions as contained in the last sentence of Section 2 (E)
of the Performance Agreement, as amended by Amendment No. 1 dated November 14,
2006, the obligations provided for in Section 2 (F) of the Performance Agreement, and
that IMD's inability to comply with such provisions affects the amount of the Grant
request that IMD can make, as detailed in Section 3 (C) of the Performance Agreement.
IMD further acknowledges and hereby agrees that IMD's inability to comply with such
requirements as mentioned above, has the effect of reducing the amount of any requested
Grant that IMD may make to an amount equal to 50% of the revenue mentioned in
Section 3 (C)"ofthe Performance Agreement. so that IMD shall not be able to request, and
shall not request, an amount greater than 50% of the amount of the revenue actually
received by the City as mentioned in such Section 3 (C) with the same $600,000 per year
limit on any such request. This means that in order for IMD to make a Grant request
equal to $600,000 for the Grant year in question, the City must have actually received an
amount of $1 ,200,000 or greater for that Grant year in question. The parties agree that
this 50% limitation'shall apply starting with the fourth Grant year, which Grant Y€;ar will
start on July I, 2010, and continue for each ofthe remaining eleven (11) Grant years
thereafter, as set forth in the Performance Agreement.
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B. Assuming IMD has complied with the other provisions of the Performance Agreement,
the following examples show the application of the provisions of this Amendment No.4:
(i) If IMD does not have a drug store opened to the public for business as
required by Section 1 of this Amendment No 4, then IMD will be in
default of the provisions of the Performance Agreement and such
Agreement will be terminated as of that date. IMD will not be able to
make any Grant requests and will not be able to receive any Grant funds.
The EDA and City will have no further obligations under such
Performance Agreement and WIll not process or honor any further Grant
requests from IMD.
(ii) IfIMD complies with the provisions of the Performance Agreement and if
IMD does have a drug store opened to the public for business as required
by Section 1 of this Amendment No.4, then' the provisions of Section 2 of
this Amendment No.4 also apply. Therefore, the following are examples
of potential Grant requests IMD might make:
a.
Total applicable revenues actually received by
the City for the second Grant year, which
is 7-1-2008 to 6-30-2009.
$400,000
Total Grant' request IMD could make
$400,000
b.
Total applicable revenues actually received by
the City for the third Grant year, which
is 7-1-2009 to 6-30-20]0.
$450,000
Total Grant request IMD could make
$450,000
c.
Total applicable revenues actually received by
the City for the fourth Grant year, which
is 7-1-2010 to 6-30-2011.
$500,000
Since the 50% provisions of Section 2 of this
Amendment No.4 apply, the Total Grant
Request IMD could make is (50% of $500,000)
$250,000
(This would be the total Grant request IMD could make for
such Grant year and the total amount of the Grant that might
be awarded subject to the other requirements of the
Performance Agreement.)
Section 3. Continuation of Terms and Conditions of Performance A2reement and
Retroactivity .
All the terms, obligations, and conditions of the original Performance Agreement dated
November 18, 2004, Amendment No.) dated November 14, 2006, Amendment No.2 dated
3
. J
September 18, 2007, and Amendment No.3 dated June 18, 2008, among the parties shall and do
hereby continue in full force and effect, except and only to the extent as modified above and that
in the case of any conflict of terms, the provisions of this Amendment No. 4 shall take
. precedence over any other terms in those prior documents. This Amendment No.4 is retroactive
as of October 31, 2008.
SIGNATURE PAGE TO FOLLOW
.
,
4
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IN WITNESS WHEREOF, the parties have executed this Amendment No.4 by their authorized
representatives.
ATTESTfWITNESS:
Printed Name and Title
WITNESS:
Printed Name and Title
(SEAL)
WITNESS:
, Secretary
Approved as to Form:
City Attorney
Date:
Appropriation of Funds Required for
this Agreement are subject to future
appropriation:
Director of Finance
Date . Acct #
Authorized by Ordinance No:
CITY OF ROANOKE
By:
Darlene L. Burcham, City Manager
IMD Investment Group, LLC
By:
Bland A. Painter, III, Sole Member and Manager
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF ROANOKE, VIRGINIA
By
Charles E. Hunter, III, Chair
Approved as to Execution:
City Attorney
Date:
5
.f...
..
ro;'
Option B
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE authorizing the proper City officials to execute an Amendment No.4
to a Performance Agreement dated November 18, 2004, as amended, among the City of
Roanoke, (City), the Economic Development Authority of the City of Roanoke, Virginia, (EDA),
and IMD Investment Group, LLC, (IMD), which amendment will provide for a time extension
concerning an obligation of IMD under such PerfoTI11ance Agreement, subject to certain
requirements; and dispensing with the second reading by title of this Ordinance.
WHEREAS, the City, the EDA, and IMD entered into a Performance Agreement dated
November 18, 2004, (Performance Agreement), a subsequent Amendment No. 1 dated
November 14, 2006, a subsequent Amendment No. 2 dated September 18, 2007, and a
subsequent Amendment No.3 dated June 18,2008, concerning IMD's proposed development of
certain property mentioned therein, and which was subject to certain terms and conditions
contained in such Perfonnance Agreement; and
WHEREAS, WD has requested a fmiher time extension for completion of one of IMD's
obligations under the Performance Agreement, Amendment No.1, Amendment No, 2, and
Amendment No, 3, and Council has agreed to grant such request. After approval by the City, the
Amendment No.4 will be sent to the EDA for its action and execution.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. City Council hereby approves IMD' s requested time extension for completion of
one of IMD's obligations under the Performance Agreement, Amendment No, 1, Amendment
1
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No.2, and Amendment No.3, namely that item relating to Subsection 2 (D), subject to certain
requirements as set forth in the draft Amendment No.4 presented to Council on November 17,
2008.
2. The City Manager is authorized on behalf of the City to execute an Amendment
No.4 to the Perfornlance Agreement, Amendment No, 1, Amendment No.2, and Amendment
No, 3, providing for a certain time extension for IMD to complete one of IMD's obligations
thereunder regarding the time period to open a drug store, upon certain requirements, terms, and
conditions as set forth in the Amendment No.4 presented to Council on November 17, 2008.
Such Amendment will be retroactive as of October 31, 2008, and will be substantially similar to
the above mentioned Amendment presented to Council and in a form approved by the City
Attorney.
3. The City Manager is further authorized to take such actions and execute, such
documents as may be necessary to provide for the implementation, administration, and
enforcement of such amendments to the Performance Agreement and of the Perfonnance
Agreement itself.
4. Pursuant to the provisions of Section 12 of the City Charter, the second reading
by title of this Ordinance is hereby dispensed with.
ATTEST:
City Clerk.
2
tI -- ,- ,.>;J
Option B
DRAFT -11/17/08
AMENDMENT NO.4 TO PERFORMANCE AGREEMENT
This is Amendment No.4 to a celiain Perforn1ance Agreement dated November 18,2004, by and
among the City of Roanoke, Virginia, a municipal corporation (City), IMD Investment Group,
LLC, a Virginia Limited Liability Company (IMD), and the Economic Development Authority
of the City of Roanoke, Virginia, an economic development authority organized and existing
under the laws of the Commonwealth of Virginia (EDA). This Amendment No.4 is dated
,2008,
WITNESSETH:
WHEREAS, the City, IMD, and the EDA (fonnerly the IDA) entered into a certain Performance
Agreement dated November 18, 2004, (Performance Agreement) concerning IMD's proposed
development of certain propeliy mentioned therein and which was subject to certain terms and
conditions contained in such Perfonnance Agreement;
WHEREAS, due to unanticipated time delays which IMD indicated were beyond its control,
IMD requested certain time extensions for completion of some of IMD's obligations under such
Perforn1ance Agreement and the City and the EDA agreed to IMD's request and entered into
Amendment No.1 dated November 14, 2006;
WHEREAS, due to further unanticipated time delays which IMD indicated were beyond its
control, IMD requested an additional time extension for completion of IMD's obligations in
Section 2 (D) of the Performanc'e Agreement and the City and the EDA agreed to IMD's request
and entered into Amendment No.2 dated September 18, 2007;
WHEREAS, due to further unanticipated time delays which IMD indicated were beyond its
control, IMD requested an additional time extension for completion of IMD's obligations in
Section 2 (D) of the Performance Agreement and the City and the EDA agreed to IMD's request
and entered into Amendment No.3 dated June 18, 2008; and
WHEREAS, due to additional unanticipated time delays which IMD has indicated were beyond
its control, IMD has requested a further extension of time for complying with IMD' s obligations
in Section 2 (D) of the Performance Agreement, as amended by Amendments No.1, No, 2, and
No.3. The City and the EDA have agreed to IMD's request and the parties now wish to reduce
to writing their understanding of the time extension that is being granted to IMD by this
Amendment No.4.
NOW, THEREFORE, the parties, in consideration of the promises and obligations contained in
the original Perfonnance Agreement, Amendment No, 1, Amendment No.2, Amendment No.3,
and in this Amendment No.4, mutually agree as follows:
1
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Section 1. Certain Limited Time Extension.
The following subsection of Section 2. Obligations of IMD, of the Performance Agreement is
being modified only to the extent necessary to provide IMD with an additional time period to
perform certain obligations under that subsection as set forth below. Therefore, Subsection 2
(D), as contained in the Performance Agreement and as modified by Amendments No.1, No.2,
and No.3, is hereby deemed to be replaced retroactively effective as of October 31, 2008, with
the replacement Subsection as set out below:
2 (D) On or before April 30, 2009, a drug store, anticipated to be a Walgreens, will be
opened to the public for business on the Property.
Section 2. Continuation of Terms and Conditions of Performance Agreement.
All the terms, obligations, and conditions of the original Perfonnance Agreement dated
November 18, 2004, Amendment No, 1 dated November 14, 2006, Amendment No.2 dated
September 18, 2007, and Amendment No.3 dated June 18, 2008, among the parties shall and do
hereby continue in full force and effect, except and only to the extent as modified above. This
Amendment No.4 is retroactive as of October 31,2008,
SIGNATURE PAGE TO FOLLOW
2
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IN WITNESS WHEREOF, the parties have executed this Amendment No.4 by their authorized
representatives.
ATTEST/WITNESS:
Printed Name and Title
WITNESS:
Printed Name and Title
(SEAL)
WITNESS:
, Secretary
Approved as to F0TI11:
City Attorney
Date:
Appropriation of Funds Required for
this Agreement are subject to future
appropriation:
Director of Finance
Date Acct #
Authorized by Ordinance No:
CITY OF ROANOKE
By:
Darlene L. Burcham, City Manager
IMD Investment Group, LLC
By:
. Bland A. Painter, III, Sole Member and Manager
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF ROANOKE, VIRGINIA
By
Dennis R. Cronk, Chair
Approved as to Execution:
City Attorney
Date:
3
9.a.
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
November 17, 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 No.4 to
Performance Agreement with
IMD Investment Group, LLC
Background:
The City, IMD Investment Group, LLC (IMD), and the Economic Development
Authority of the City of Roanoke, Virginia (EDA), entered into a Performance
Agreement dated November 18, 2004, and subsequently three amendments
dated November 14, 2006, September 18, 2007, and June 18, 2008,
regarding the development of certain property on the corner of Wonju Street
and Franklin Road,SW, which is called Ivy Market. On October 1 S, 2008, IMD
requested an extension of the October 31, 2008 due date for the completion
and opening of a Walgreens drug store to April 30, 2009.
While the opening of Walgreens has not proceeded as originally anticipated,
IMD has met other requirements of its first phase. Under the terms of the
Agreement, if IMD has met all of its requirements, it can request a grant from.
the EDA equal to the amount of applicable revenue actually received by the
City for the applicable grant year, subject to a $600,000 per year limit.
[
Another provision of the November 18, 2004, Agreement, however, calls for
the completion of an additional $3,000,000 investment in structured parking
spaces to bring the total of such spaces to 516, site infrastructure
improvements, and 60,000 square feet of additional commercial/retail space
by November 18, 2009. If the terms of the Agreement are not met, IMO's
failure to complete this phase would reduce the grant request amount by 50%
Honorable Mayor and Members of City Council
November 17, 2008
Page 2
subject to the same $600,000 per year limit. Given the absence of activity on
phase 2, and the likelihood that the terms cannot be met, staff recommends
that no extensions be granted for phase 2 and that such 50% limitation be
effective with the fourth grant year beginning July 1, 2010.
Recommended Action:
Approve IMD's requested time extension subject to the other provIsions
mentioned above and as set forth in the Draft Amendment No. 4 to the
Performance Agreement as set forth in the attachment to this letter.
Authorize the City Manager to execute' an Amendment No. 4 to the
Performance Agreement among the City, IMD, and the EDA, in a form
substantially similar to the one attached, such Amendment No. 4 to be
retroactive as of October 31, 2008, with the form of such Amendment No. 4
to be approved by the City Attorney. '
Authorize the City Manager to take such actions and execute such.
documents as necessary to implement, administer, and enforce such
Amendment No.4 to the Performance Agreement.
Respectfully submitted,
DLB: LB
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Asst. City Manager for Community Development
Sherman M. Stovall, Director of Management and Budget
Brian K. Brown, Economic Development Administrator
Linda S. Bass, Economic Development Specialist
Charles E. Hunter, III, Chair, EDA
Harwell (Sam) M. Darby, Jr., Attorney, EDA
Bland Painter, IMD
CM08-00180
DRAFT 11/12/08
AMENDMENT NO.4 TO PERFORMANCE AGREEMENT
This is Amendment No.4 to a certain Performance Agreement dated November 18, 2004, by and
among the City of Roanoke, Virginia, a municipal corporation (City), IMD Investment Group,
LLC, a Virginia Limited Liability Company (IMD), and the Economic Development Authority
of the City of Roanoke, Virginia, an economic development authority organized and existing
. under the laws of the Commonwealth of Virginia (EDA). This Amendment No.4 is dated
,2008. .
WITNESSETH:
WHEREAS, the City, IMD, and the EDA (formerly the IDA) entered into a certain Performance
Agreement dated November 18, 2004, (Performance Agreement) concerning IMD's proposed
development of certain property mentioned t.herein and which was subject to certain terms and
conditions contained in such Performance Agreement;
WHEREAS, due to unanticipated time delays which IMD indicated were beyond its control,
IMD requested certain time extensions for completion of some ofIMD's obligations under such
Performance Agreement and the.City and the EDA agreed to IMD's request and entered into
Amendment No. 1 dated November 14, 2006;
WHEREAS, due to further unanticipated time delays which IMD indicated were beyond its
control, IMD requested an additional time extension for completion of IMD's obligations in
Section 2 (D) of the Performance Agreement and the City and the EDA agreed to IMD's request
and entered into Amendment No.2 dated September 18, 2007;
WHEREAS, due to further unanticipated time delays which IMD indicated were beyond its
control, IMD requested an additional time extension for completion of IMD's obligations in
Section 2, (D) of the Performance Agreement and the City and the EDA agreed to IMD's request
and entered into Amendment No.3 dated June 18, 2008; and
WHEREAS, due to additional unanticipated time delays which IMD has indicated were beyond
its control, IMD has requested a further extension oftime for complying with IMD's obligations
in Section 2 (D) of the Performance Agreement, as amended by Amendments No.1, No.2, and
No.3. The City and the EDA have agreed to IMD's request, subject to certain requirements as
set forth herein, and the parties now wish to reduce to writing their understanding of the time
extension and requirements that are being addressed by this Amendment No.4.
NOW, THEREFORE, the parties, in consideration of the promises and obligations contained in
the original Performance Agreement, Amendment No.1, Amendment No.2, Amendment, No.3,
and in this Amendment No.4, mutually agree as follows:
Section 1. Certain Limited Time Extension.
Subject to the terms of this Amendment No.4, the following subsection of Section 2.
Obli2:ations of IMD, of the Performance Agreement is being modified only to the extent
necessary to provide IMO with an additional time period, subject to certain requirements set
forth below and the other terms of this Amendment No.4, to perform certain obligations under
that subsection 2 (0) as set forth below. Therefore, Subsection 2 (0), as contained in the
Performance Agreement and as modified by Amendments No.1, No.2, and No.3, is hereby
deemed to be replaced retroactively effective as of October 31, 2008, with the replacement
subsection 2 (0) as set out below:
2 (0)
On or before April 30, 2009, IMO shall have a drug store, anticipated to
be a Walgreens, opened to the public for business on the Property, and
more particularly on property identified as Tax Map No. 1272505.
Notwithstanding anything else in the Performance Agreement or any of
the Amendments thereto, or anything set forth above, if IMO fails to have
a drug store, anticipated to be a Walgreens, opened to the public for
business as set forth above on or before April 30, 2009, then IMD shall be
deemed to have breached the Performance Agreement and shall not be
eligible for and/or receive and/or continue to be eligible for and/or receive
any Grants or Grant funds or to make any Grant requests and such
Performance Agreement shall be terminated as of April 30, 2009, and the
City and the EOA shall be relieved of any obligations they may have had
under such Performance Agreement. Also, the City and the EOA will not'
honor or process any further Grant requests IMO may make.
Section 2. Modifications to Performance Al!:reement.
A. If IMO does have a drug store opened to the public for business as required by Section 1
of this Amendment No.4, then the provisions of this Section 2 come into effect and the
purpose ofthis Section 2 is to have a current enactment of the 50% provisions of Section
3 (C) of the Performance Agreement. IMO acknowledges that it will not be able to
comply with certain obligations that IMO undertook in the original Performance
Agreement, namely certain provisions as contained in the last sentence. of Section 2 (E)
of the Performance Agreement, as amended by Amendment No. 1 dated November 14,
2006, the obligations provided for in Section 2 (F) of the Performance Agreement, and
that IMD's inability to comply with such provisions affects the amount of the Grant
request that IMD can make, as detailed in Section 3 (C) of the Performance Agreement.
IMO further acknowledge~ and hereby agrees that IMO's inability to comply with such
requirements as mentioned above, has the effect of reducing the amount of any requested
Grant that IMD may make to an amount equal to 50% of the revenue mentioned in
Section 3 (C) ofthe Performance Agreement so that IMD shall not be able to request, and
shall not request, an amount greater than 50% of the amount of the revenue actually
received by the City as mentioned in such Section 3 (C) with the same $600,000 per year
limit on any such request. This means that in order for IMO to make a Grant request
equal to $600,000 for the Grant year in question, the City must have actually received an
amount of $1 ,200,000 or greater for that Grant year in question. The parties agree that
this 50% limitation'shall apply starting with the fourth Grant year, which Grant Y~ar will
start on July 1, 2010, and continue for each of the remaining eleven (1 t) Grant years
thereafter, as set forth in the Performance Agreement.
2
B. Assuming rMD has complied with the other provisions of the Performance Agreement,
the following examples show the application of the provisions of this Amendment No.4:
(i) If IMD does not have a drug store opened to the public for business as
required by Section I of this Amendment No 4, then IMD will be in
default of the provisions of the Performance Agreement and such
Agreement will be terminated as of that date. lMD will not be able to
make any Grant requests and will not be able to receive any Grant funds.
The EDA and City will have no further obligations under such.
Performance Agreement and will not process or honor any further Grant
requests from IMD.
(ii) IfIMD complies with the provisions of the Performance Agreement and if
IMD does have a drug store opened to the public for business as required
by Section I of this Amendment No.4, then' the provisions of Section 2 of
this Amendment No.4 also apply. Therefore, the following are examples
of potential Grant requests IMD might make:
a.
Total applicable revenues actually received by
the City for the second Grant year, which
is 7-1-2008 to 6-30-2009.
$400,000
Total Grant request IMD could make
$400,000
b.
Total applicable revenues actually received by
the City for the third Grant year, which
is 7-1-2009 to 6-30-2010.
$450,000
Total Grant request IMD could make
$450,000
c,
Total applicable revenues actually received by
the City for the' fourth Grant year, which
is 7-1-2010 to 6-30-2011.
$500,000
Since the 50% provisions of Section 2 of this
Amendment No.4 apply, the Total Grant
Request IMD could make is (50% of$500,000)
$250,000
(This would be the total Grant request IMD could make for
such Grant year and the total amount of the Grant that might
be awarded subject to the other requirements of the
Performance Agreement.)
Section 3. Continuation of Terms and Conditions of Performance At!reement and
Retroactivity.
All the terms, obligations, and conditions of the original Performance Agreement dated
November 18, 2004, Amendment No. I dated November 14, 2006, Amendment No.2 dated
3
September 18,2007, and Amendment No.3 dated June 18,2008, among the parties shall and do
hereby continue in full force and effect, except and only to the extent as modified above and that
in the case of any conflict of terms, the provisions of this Amendment No. 4 shall take
precedence over any other terms in those prior documents. This Amendment No.4 is retroactive
as of October 31, 2008.
SIGNATURE PAGE TO FOLLOW
.
,
4
IN WITNESS WHEREOF, the parties have executed this Amendment No.4 by their authorized
representatives.
ATTESTIWITNESS: .
Printed Name and Title
WITNESS:
Printed Name and Title
(SEAL)
WITNESS:
, Secretary
Approved as to Form:
City Attorney
Date:
Appropriation of Funds Required for
this Agreement are subject to future
appropriation:
Director of Finance
Date . Acct #
Authorized by Ordinance No:
CITY OF ROANOKE
By:
Darlene L. Burcham, City Manager
IMD Investment Group, LLC
By:
Bland A. Painter, III, Sole Member and Manager
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF ROANOKE, VIRGINIA
By
Charles E. Hunter, III, Chair
Approved as to Execution:
City Attorney
Date:
5
.!J,~
9.a.
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE authorizing the proper City officials to execute an Amendment
No.4 to a Performance Agreement dated November 18, 2004, as amended, among the
City of Roanoke, (City), the Economic Development Authority of the City of Roanoke,
Virginia, (EDA), and IMD Investment Group, LLC, (IMD), which amendment will
provide for a time extension concerning an obligation of IMD under such Performance
Agreement, subject to certain requirements; and dispensing with the second reading by
title of this Ordinance.
WHEREAS, the City, the EDA, and IMD entered into a Performance Agreement
dated November 18, 2004, (Performance Agreement), a subsequent Amendment No. 1
dated November 14, 2006, a subsequent Amendment No.2 dated September 18, 2007,
and a subsequent Amendment No. 3 dated June 18, 2008, concerning IMD's proposed
development of certain property mentioned therein, and which was subject to certain
terms and conditions contained in such Perfornlance Agreement; and
WHEREAS, IMD has requested a further time extension for completion of one of
IMD's obligations under the Performance Agreement, Amendment No.1, Amendment
No.2, and Amendment No.3, and City staff recommends granting such request, subject
to certain requirements. After approval by the City, the Amendment No.4 will be sent to
the EDA for its action and execution.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. City Council hereby approves IMD's requested time extension for
completion of one of IMD's obligations under the Performance Agreement, Amendment
No.1, Amendment No.2, and Amendment No.3, namely that item relating to Subsection
2 (D), subject to certain requirements as set forth in the City Manager's letter to Council
dated November 17,2008, and the draft Amendment No.4 attached thereto.
2. The City Manager is authorized on behalf of the City to execute an
Amendment No.4 to the Perfonnance Agreement, Amendment No.1, Amendment No.
2, and Amendment No.3, providing for a certain time extension for IMD to complete one
of IMD's obligations thereunder regarding the time period to open a drug store, upon
certain requirements, terms, and conditions as set forth in the above mentioned City
Manager's letter. Such Amendment will be retroactive as of October 31, 2008, and will
be substantially similar to the one attached to such letter and in a form approved by the
City Attomey.
3. The City Manager is further authorized to take such actions and execute
such documents as may be necessary to provide for the implementation, administration,
and enforcement of such anlendments to the Performance Agreement and of the
Perfomlance Agreement itself.
4. Pursuant to the provisions of Section 12 of the City Charter, the second
reading by title of this Ordinance is hereby dispensed with. J
ATTEST:
City Clerk.
2
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W" Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145.
E-mail: c1erk@roanokeva,gov .
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T, WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
November 18, 2008
Glenda Edwards, Executive Director
Roanoke Redevelopment and Housing Authority
P. O. Box 6359
Roanoke, Virginia 24017
Dear Ms. Edwards:
I am enclosing copy of Ordinance No. 38286-111708 permanently vacating,
discontinuing and closing certain properties located on (1) Mill Avenue, S. L,
lying adjacent to parcels bearing Official Tax Nos. 4040101, 4040106, and
property of the Norfolk and Western Railway Co., (2) Green Avenue, S. E., lying
adjacent to parcels bearing Official Tax Nos. 4040201 and 4040105; (3)
Whitmore Avenue, S. E., lying adjacent to parcels bearing Official Tax Nos.
4040301 and 4040206; and (4) an alleyway running approximately 1,290 feet
in a southerly direction from its intersection with Mill Avenue to its terminus at
the southeasterly boundary of a parcel bearing Official Tax No. 4040303.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, November 17, 2008, and is in
fu II force and effect upon its passage.
Sincerely,
~o~~~
City Clerk
SM M: ew
Enclosure
Glenda Edwards, Executive Director
November 18, 2008
Page 2
pc: Tidewater Railway Co., 110 Franklin Road, S. E., Roanoke, Virginia 24011
Norfolk and Western Railway Co., 110 Franklin Road, S. E., Roanoke,
Virginia 24011
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Henry Scholz, Chair, City Planning Commission,
Martha P. Franklin, Secretary, City Planning Commission
Nancy C. Snodgrass, Zoning Administrator
st(;i
\0\ \
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of November, 2008.
No. 38286-111708.
AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-
of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with
the second reading by title ofthis ordinance.
WHEREAS, the Roanoke Redevelopment and Housing Authority, filed an application to
the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law,
requesting City Council to permanently vacate, discontinue and close certain public rights-of-
way described hereinafter;
WHEREAS, the City Planning Commission, after giving proper notice to all concerned
as required by 930-14, Code of the City of Roanoke (1979), as amended, and after having
conducted a public hearing on the matter, has made its recommendation to Council;
WHEREAS, a public hearing was held on such application by City Council on November
17,2008, after due and timely notice thereof as required by 930-14, Code of the City of Roanoke
(1979), as amended, at which hearing all parties in interest and citizens were afforded an
opportunity to be heard on such application;
WHEREAS, it appearing from the foregoing that the land proprietors affected by the
requested closing of the subject public rights-of-way have been properly notified; and
WHEREAS, from all of the foregoing, City Council considers that no inconvenience will
result to any individual or to the public from permanently vacating, discontinuing and closing
such portions of certain public rights-of-way.
O-RRHA-vacate rights of way and alleyway.doc
1
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that
the certain public rights-of-way situate in the City of Roanoke, Virginia, and more particularly
described as follows:
(1) Mill Avenue, S.E., lying adjacent to parcels bearing Official Tax Nos.
4040101,4040106, and property of the Norfolk and Western Railway Co.,
(2) Green Avenue, S.E., lying adjacent to parcels bearing Official Tax
Nos. 4040201 and 4040105; (3) Whitmore Avenue, S.E., lying adjacent to
parcels bearing Official Tax Nos. 4040301 and 4040206; and (4) an
alleyway running approximately 1,290 feet in a southerly direction from
its intersection with Mill Avenue to its terminus at the southeasterly
boundary of a parcel bearing Official Tax No. 4040303
be, and are hereby permanently vacated, discontinued and closed, and that all right and interest
of the public in and to the same be, and hereby is, released insofar as City Council is empowered
so to do with respect to the closed rights-of-way, reserving however, to the City of Roanoke and
any utility company or public authority, including, specifically, without limitation, providers to
or for the public of cable television, electricity, natural gas or telephone service, an easement for
sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and
related facilities that may now be located in or across such public rights-of-way, together with
the right of ingress and egress for the maintenance or replacement of such lines, mains or
utilities, such right to include the right to remove, without the payment of compensation or
damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other
encroachments on or over the easement which impede access for maintenance or replacement
purposes at the time such work is undertaken; such easement or easements to terminate upon the
later abandonment of use or permanent removal from the above-described public rights-of-way
of any such municipal installation or other utility or facility by the owner thereof.
O-RRHA-vacate rights of way and alleyway.doc
2
BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent,
receive all required approvals of, and record with the Clerk of the Circuit Court for the City of
Roanoke, a subdivision plat, with such plat combining all properties which would otherwise
dispose of the land within the rights-of-way to be vacated in a manner consistent with law, and
retaining appropriate easements, together with the right of ingress and egress over the same, for
the installation and maintenance of any and all existing utilities that may be located within the
rights-of-way,
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions
to the granting of the application, deliver to the Clerk of the Circuit Court of the City of
Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in
such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor,
and in the name of the applicant, and the names of any other parties in interest who may so
request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such
recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this
ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia,
where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of
Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not been met within a
period of twelve (12) months from the date of the adoption of this ordinance, then such
ordinance shall be null and void with no further action by City Council being necessary.
O-RRHA-vacate rights of way and alleyway.doc
3
BE IT FINALLY ORDAINED that pursuant to the provisions of 912 of the City Charter,
the second reading ofthis ordinance by title is hereby dispensed with,
ATTEST:
~'YY1.~
City Clerk. "-
O-RRHA-vacate rights of way and alleyway.doc
4
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
November 17, 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 Counc~.!:
{'
Subject:
Request from the Roanoke Redevelopmentand Housing
Authority to permanently vacated\ discontinue and close the
following rights-of-way: (1) Mill Avenue, S.E., lying adjacent
.to parcels bearing Official Tax Nos. 4040101,4040106 and
property of the Norfolk and Western Railway Co., (2) Green
Avenue, S.E.,. lying ~sHacent to parcels bearing Official Tax
Nos. 4040201 and 4040105; (3) Whitmore Avenue, S.E.,
lying adjacent to parcels bearing Official 4040301 and
4040206; and (4) an alleyway running approximately 1,290
feet in a southerly direction with Mill Avenue to its terminus
at the southeasterly boundary of a parcel bearing Official
Tax No. 4040303.
Planning Commission Public Hearing and Recommendation
Planning Commission public hearing was held on Thursday, October 16, 2008.
After presentation from Roger Vest from the RRHA and staff, Mr. Williams
questioned whether parcels surrounding the proposed closures were still subject
to the adopted South Jefferson Redevelopment Plan (SJRP). Mr. Chittum
advised that SJRP had not changed and that the land uses set out in the plan
were simply institutional and mixed use. He further stated that there was no
specific use which had prompted the application. At the conclusion of
discussion, the Commission recommended approval by a roll call vote of 5-0
(Messrs. Chrisman, Rife, Scholz, and Williams and Ms. Penn voting for the
application and Mr. Manetta and Mrs. Prince abstaining due to a conflict of
interest). The Commission found the request furthers the City initiated
Members of Council
Page 2
November 17, 2008
South Jefferson RedeveJopmentPJan, which is consistent with the goals of
Vision 2001-2020. It is also recommended that the applicant not be
charged for the property as it is a public entity.
The closure should be subject to the conditions listed below.
A. The applicant shall submit a subdivision plat to the Agent
for the Planning Commission, receive all required
approvals of, and record the plat with the Clerk of the
Circuit Court for the City of Roanoke. Said plat shall
combine all properties which would otherwise dispose of
the land within the right of way to be vacated in a manner
consistent with law, and retain appropriate easements for
the installation and maintenance of any and all existing
utilities that may be located within the right-of-way,
including the right of ingress and egress. Prior to
submitting said subdivision plat, the applicant must
acquire from Norfolk Southern, adjoining owner to a
portion of the subject alley, all of the latter's property that
adjoins any of the portions of rights-of-way and alley
requested herein to be permanently vacated,
discontinued, and closed.
B. Upon meeting all other conditions to the granting of the
application, the applicant shall deliver a certified copy of
this ordinance for recordation to the Clerk of the Circuit
Court of Roanoke, Virginia, indexing the same in the
name of the City of Roanoke, Virginia, as Grantor, and in
the name of the Petitioner, and the names of any other
parties in interest who may so request, as Grantees. The
applicant shall pay such fees and charges as are required
by the Clerk to effect such recordation.
C. Upon recording a certified copy of this ordinance with the
Clerk of the Circuit Court of the City of Roanoke, Virginia,
the applicant shall file with the Engineer for the City of
Roanoke, Virginia, the Clerk's receipt, demonstrating that
such recordation has occurred.
D. If the above conditions have not been met within a period
of one year from the date of adoption of this ordinance,
then said ordinance shall be null and void with no further
action by City Council being necessary.
Members of Council
Page 3
November 17,2008
Respectfully submitted,
~~
Henry Scholz, Chairman
City Planning Commission
cc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager
Attorney for the Applicant
Members of Council
Page 4
November 17,2008
Application Information
Request: Permanent vacation of undeveloped portions of Green,
Mill, and Whitmore Avenues, S.E., and adjoining alley
Adjoining Owner/applicant Roanoke Redevelopment and Housing Authority,
applicant
Norfolk Southern, adjoining owner
City Staff Person: Frederick Gusler, AICP
Site Address/Location: 1600 and 1620 Jefferson Street, SE
Official Tax Nos. of 4040401-7 inclusive, 4040401,4040201-4 inclusive,
adjoining properties: 4040206-7 inclusive, 4040301,4040303,4040306,
4030501
Site Area: Alley = approximately 16,650 square feet
Green Ave. = approximately 6,000 square feet
Mill Ave. = approximately 6,000 square feet
Whitmore Ave = approximately 6,000 square feet
(note: figures for all three avenues are based on original
100' depth of lots that includes railroad right-of-way)
Existing Zoning: INPUD, Institutional Planned Unit Development
Proposed Zoning: INPUD .
Existing Land Use: Undeveloped right-of-way and alley
Proposed Land Use: Institutional/mixed use
Neighborhood Plan: South Jefferson Redevelopment Plan
Specified Future Land Use: Institutional/mixed use
Filing Date: Original Application: September 4, 2008
Background
The applicant owns all of the adjoining properties. The subject portion of
Whitmore Avenue, SE, is unimproved. The alley adjoining the subject portion of
Whitmore Avenue and extending north to south between the applicant's
properties was originally platted 15' wide. Adjoining this alley are varying widths
of railroad right-of-way that were acquired and recorded on deeds at various
dates in the 1940s.
Resolution No. 3031, passed in 1927, "abandoned and released" portions of Mill
and Green Avenues where they were "enclosed with the land of Adams, Payne &
Gleaves, Incorporated." It is unclear if the subject portions of Mill, Green, and
Whitmore were intended to be a part of that resolution, however the resolution
included Holliday Street, which ran north to south on what later became the
Virginia Scrap Iron site (Official Tax Map No. 4040401). The resolution states
that the streets were not used by the public.
Members of Council
Page 5
November 17,2008
Official Tax Map Nos. 4040102 - 5 inclusive, 4040201-4 inclusive, and 4040207
all were originally 100 feet deep. City deed cards for several of these properties
reference transfers of portions of the rear, eastern ends of these properties to the
Virginian Railway Company, which is now owned by Norfolk Southern. This
property is railroad right-of-way and had a track in use there for years, but has
since been removed.
Considerations
Section 30-14(5) of the Code of the City of Roanoke provides the following
standard for consideration of street and alley vacation requests:
"Following the hearing before the city planning commission on an
application to alter or vacate a street or alley, the commission shall
report in writing to the city council whether in its opinion, any, and if
any, what inconvenience would result if the application were
approved by council, and the commission shall report and make a
recommendation to council as to whether the application should be
approved."
At present, Mill Avenue is unimproved and adjoins Norfolk Southern railroad
tracks. Green Avenue is unimproved but has been used for access to the Virginia
Scrap Iron site where it dead ends. Whitmore is improved, and is also used for
access to the Virginia Scrap Iron site where it dead ends. Access to the
properties is via Jefferson Street. Vacation of these street segments will not
impact access or traffic patterns for the general public.
The applicant will need to reach an agreement with Norfolk Southern regarding
the latter's right-of-way property adjoining the alley requested for vacation per
condition (A) listed above.
SurroundinQ ZoninQ and Land Use:
Zoning District Land Use
North INPUD, Institutional Planned Unit Development Vacant industrial.
South INPUD, Institutional Planned Unit Development Medical facilities
East 1-1, Light Industrial, ROS, Recreation and Open Vacant industrial.
Space
West INPUD, Institutional Planned Unit Development Medical clinic and.
offices
Compliance with the ZoninQ Ordinance:
Vacation of the rights-of-way will allow combination of the properties and allow
for the design flexibility which the INPUD district is intended for.
Members of Council
Page 6
November 17, 2008
Conformitvwith the Comprehensive Plan and Neiqhborhood Plan:
The proposed vacation is consistent with applicable plans; there will be no impact
on future street connectivity.
Public Utilities:
Staff received comments from Verizon to allow an underground conduit and
manhole that exists in the Whitmore Avenue right-of-way to remain as it may be
used to serve future development on the property.
Staff also received comments from APCo, and Roanoke Gas indicating no
objections to the proposed closure.
City Department Comments:
No objections from Transportation, Engineering, Fire-EMS and Buildings staff.
Public Comments:
None
----
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Date: September 4. 2008
To: Office of the City Clerk
Fourth Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Phone: (540) 853-2541 Fax: (540) 853-1145
:A1I/~l!ltwHfifls~ltifisiJ)~tYP~dahd:inc/l!C!eal1r~qt!ifeC:lClocument~tiof1.al1da.'check for the filing .fee.
Application is hereby submitted for street or alley vacation for the property located at:
Location and description of street or allev to be closed: Vacation. discontinuance. and closure of
three streets and one allev adioininQ the former Roanoke City Mills and VirQinia Scrap Iron sites is
requested. shown on map attached. and described in further detail in attachment included with this
application.
.
Proposed use of vacated street or alley: Redevelopment per the applicant's South Jefferson
Redevelooment Area Plan
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Roanoke Redevelopment and HousinQ Authority
Rights-ot-wav Vacation Application
Vacation of three remaining segments of Mill, Green, and Whitmore
Avenues, and one alley are requested. The applicant notes that by the
passing of Resolution No. 3031 on January 28, 1927, Roanoke City
Council "abandoned and released" portions of Mill and Green Avenues.
The applicant cannot determine if said Council action was intended to
affect the portions of said streets herein requested to be vacated. Hence,
the applicant requests that by ordinance these streets are vacated and
any prior ordinance or resolution pertaining to their disposition be
declared null and void.
.
The applicant acknowledges that by deed records of the City of Roanoke,
property adjoining the subject alley requested for vacation on the western
side, between the northeastern edge of Official Tax Map No. 4040102
and the northeastern edge of Official Tax Map No 4040206, is Norfolk
Southern right-of-way. The applicant intends to reach an agreement with
Norfolk Southern prior to any plat recordation.
These rights-of-way and alley are shown on the attached map and
described herein as:
Mill Avenue, SE; an approximately 60 foot wide right-of-way adjoined by
Official Tax Map Nos. 4040101 and 4040106 to the south, Norfolk
Southern railroad tracks to the north and west, and a 15 foot wide alley
to the east, described below.
Green Avenue, SE; an approximately 60 foot wide right-of-way adjoined
by Official Tax Map Nos. 4040201 to the south, 4040105 to the north,
Jefferson Street to the west, and Norfolk Southern right-of-way to the
east.
. Whitmore Avenue, SE; an approximately 60 foot wide right-of-way
adjoined by Official Tax Map Nos. 4040301 to the south, 4040206 to the
C'"
"
,
C"
. north, Jefferson Street, SE to the west, and a 1 5 foot wide alley to the
east, described below.
Alley; a 15 foot wide alley spanning approximately 1,290 feet north to
south, adjoined by Official Tax Map No. 4040306 to the south, Norfolk
Southern railroad tracks to the north, Official Tax Map Nos. 4040401 and
4030501 to the east; and adjoined to the west by:
· Official Tax Map No. 4040107, north of Official Tax Map No.
4040102,
· Norfolk Southern right-of-way, between the northeastern corner of
Official Tax Map No. 4040102, extending south to the northeastern
corner of Official Tax Map No. 4040206,
. Official Tax Map No. 4040206,
· Whitmore Avenue, SE (portion requested for vacation and
referenced above),
. Official Tax Map No. 4040301
. . Official Tax Map No. 4040303
.
4030501
Mill Avenue
Norfolk Southern
Right-of-way
(c)
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
TelePhone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
November 5, 2008
Glenda Edwards, Executive Director
Roanoke Redevelopment and Housing Authority
P. O. Box 6359
Roanoke, Virginia 24017
Dear Ms. Edwards:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a pu blic hearing for
Monday, November 17,2008, at 7:00 p.m., or as soon thereafter as the matter may
be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 21 5 Church Avenue, S. W., on the request of Roanoke Redevelopment and
Housing Authority to permanently vacate, discontinue and close the following
rights-of-way: (1) Mill Avenue, S. E., lying adjacent to parcels bearing Official Tax
Nos. 4040101,4040106, and property of the Norfolk and Western Railway Co.; (2)
Green Avenue, S. E., lying adjacent to parcels bearing Official Tax Nos. 4040201
and 4040105; (3) Whitmore Avenue, S. E., lying adjacent to parcels bearing Official
Tax Nos. 4040301 and 4040206; and (4) an alleyway running approximately 1,290
feet in a southerly direction from its intersection with Mill Avenue to its terminus at
the southeasterly boundary of a parcel bearing Official Tax No. 4040303.
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.
Glenda Edwards
November 5, 2008
Page 2
It will be necessary for you, or your designee, to be present at the November 17
public hearing. Failure to appear could result in a deferral of the matter until a
later date.
Sincerely,
~h7.Jn~
Stephanie M. Moon, CM.C' t
City Clerk
SMM:ew
Enclosu re
pc: Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Henry Scholz, Chair, City Planning Commission,
Martha P. Franklin, Secretary, City Planning Commission
Nancy C. Snodgrass, Zoning Administrator
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
November 5, 2008
Tidewater Railway Co.
110 Franklin Road, S. E.
Roanoke, Virginia 24011
Norfolk and Western Railway Co.
110 Franklin Road, S. E.
Roanoke, Virginia 24011
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a pu blic hearing for
Monday, November 17,2008, at 7:00 p.m., or as soon thereafter as the matter may
be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 21 5 Church Avenue, S. W., City of Roanoke, on the request ofthe Roanoke
Redevelopment and Housing Authority to permanently vacate, discontinue and
close the following rights-of-way: (1) Mill Avenue, S. E., lying adjacent to parcels
bearing Official Tax Nos. 4040101, 4040106, and property of the Norfolk and
Western Railway Co.; (2) Green Avenue, S. E., lying adjacent to parcels bearing
Official Tax Nos. 4040201 and 40401 05; (3) Whitmore Avenue, S. E., lying adjacent
to parcels bearing Official Tax Nos. 4040301 and 4040206; and (4) an alleyway
running approximately 1,290 feet in a southerly direction from its intersection with
Mill Avenue to its terminus at the southeasterly boundary of a parcel bearing
Official Tax No. 4040303.
This letter is provided for your information as an interested property owner and/or
adjoining property owner. If you have questions with regard to the matter, please
contact the Department of Planning, Building and Development at 540-853-1730.
If you would like to receive a copy of the report of the City Planning Commission,
please contact the City Clerk's Office at 540-853-2541.
Sincerely,
~ In. ~llYL)
Stephanie M. Moon, CMC
City Clerk
SMM:ew
AFFIDAVIT PERTAINING TO THE STREET/ ALLEY CLOSURE REQUEST OF:
Roanoke Redevelopment and Housing Authority for Mill, Green
and Whitmore Avenue, S.E., and adjacent alleyway
)
)AFFIDAVIT
COMMONWEALTH OF VIRGINIA
)
) TO- WIT:
)
CITY OF ROANOKE
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to
the Roanoke City Planning Commission, and as such is competent to make this affidavit
of her own personal knowledge. Affidavit states that, pursuant to the provisions of
Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning
Commission of the City of Roanoke"she has sent by first-class mail on the 22nd day of
September, 2008, notices of a public hearing to be held on the 16th day of October, 2008,
on the request captioned above to the owner or agent of the parcels as set out below:
Tax No.
Name Mailing Address
4040101
Tidewater Railway Co. 110 Franklin Road, SE
Roanoke, VA 24011
4040107
Norfolk and Western Railway Co. 110 Franklin Road, SE
Roanoke, VA 24011
~L~~
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a otary Public, in the City of Roanoke,
Virginia, this 22nd day of September, 2008. ..,. ~
Notary Public
CANDACE R. MARTIN
NOTARY PUBLIC
Commonwealth of Virginia
Reg. #282076 I
My Commission Expires
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, October 16, 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 the Roanoke Redevelopment and Housing Authority to
permanently vacate, discontinue and close the following rights-of-way:
(1) Mill Avenue, S.E., lying adjacent to parcels bearing Official Tax Nos.
4040101,4040106, and property of the Norfolk and Western Railway Co.,
(2) Green Avenue, S.E., lying adjacent to parcels bearing Official Tax
Nos. 4040201 and 4040105; (3) Whitmore Avenue, S.E., lying adjacent to
parcels bearing Official Tax Nos. 4040301 and 4040206; and (4) an
alleyway running approximately 1,290 feet in a southerly direction from its
intersection with Mill Avenue to its terminus at the southeasterly boundary
of a parcel bearing Official Tax No. 4040303.
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 are a person with a disability who needs
accommodations for this hearing, please contact the Department of Planning
!'.. -~ : _ -~:.:.. c> _
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N, HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R, TYREE
Assistant Deputy City Clerk
. September 4, 2008
Henry Scholz, Chair
City Planning Commission
Hall Associates, Inc.
213 Jefferson Street, S.W. Suite 1007
Roanoke, Virginia 24011
Dear Mr. Scholz:
Pursuant to Section 36.1-690(e), Code of the City of Roanoke (1979), as
amended, I am enclosing copy of an Application for Street or Alley Vacation
received in the City Clerk's Office on September 4, 2008, from Roanoke
Redevelopment and Housing Authority requesting vacation, discontinuance and
closure of three streets and one alley adjoining the former Roanoke City Mills
and Virginia Scrap Iron sites located on Mill, Green, and Whitmore
Avenues, S. W.
Sincerely,
~h,.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosure
Henry Scholz, Chair
September 4, 2008
Page 2 '
pc: The Honorable Mayor and Members of the Roanoke City Council
(w/o enclosure)
Tidewater Railway Company, 110 Franklin Road, S. E., Roanoke, Virginia
24042-0028
,Norfolk and Western Railway Company, 110 Franklin Road, S. E.,
Roanoke, Virginia 24042-0028
Glenda Edwards, Executive, Roanoke Redevelopment. & Housing
Authority, 2624 Salem Avenue, N. W., Roanoke, Virginia 24017
Susan S.Lower, Director, Real Estate Valuation
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
--------------------------------------------------+----------~~~~;---~~._---
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The Roanoke Times
Roanoke, Virginia
Affidavit of publication
The Roanoke Times
ROANOKE REDEV. & HOU
2624 SALEM TURNPIKE
ROANOKE VA 24017
REFERENCE:
80043134
11165323
NPH-RRHA Vacate
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
vi1~nia. Sworn and subscribed before me this
~day of Nov 2008. Witness my hand and
~ffici~l seal. ~
----t Ll~-- _ __ otary Public
My commission ires _ ----Jl)~~~ll___.
PUBLISHED ON:
11/02
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~.. ~tr',., NOTARY' ....:11-\
: (J;j :' PUBLIC ". -:.
~ :' REG. #7090930 ': * ~
= *: wrt COMMISSION : ~ =
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11/09
TOTAL COST:
FILED ON:
522.56
11/09/08
NOTICE OF PUBLIC \, ~
HEARING
, The Council of the City of
'Roanoke will hold a public
Ihearing on November 17,
2008, at 7:00 p.m., or as
soon thereafter as the
I mailer 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 Roanoke
I Redevelopment and Housing
Authority to permanently
'vacate, discontinue and
close the following I
irights-of.way: (1) Mill
(Avenue, S.E.,lyi~g adja~~nt
ito parcels beanng OffiCial
')T a x Nos. 4 0 4 0 1 0 1 ,
4040106, and property of I
the Norfolk and Western
Railway Co., (2) Green
,Avenue, S.E., lying adjacent
.to parcels bearing Official
Tax Nos, 4040201 and
4040105; (3) Whitmore,
Avenue, S,E., lying adjacentl'
to parcels bearing Official
Tax Nos. 4040301 and]
4040206; and (4) an
a II e y way r. u n n i n .gl
approximately 1,290 feet Inl1
. a southerly direction from its
intersection with Mill Avenue
to its terminus at the:
southeasterly boundary of a '\
parcel bearing Official Tax
; No. 4040303. '. . . i
, A copy of the application IS i
available for review in the i
Office of the City Clerk'I'
Room 456, Noel C. Taylor
Municipal Building, 215'
Church Avenue, S,W.,
Roanoke, Virginia.
All parties in inte.rest and
citizens may appear on the
above date and be heard on ;
the mailer. If you are a:
person with a disability who,'
I ___'~~..,odati?~ ~.'
I' this hearing, please contact)1
the City Clerk's Ottice, at
1853-2541, before noon on
the Thursday before the date'
i of the hearing listed above,
GIVEN under my hand this
31st day of October, 2008,
Stephanie M, Moon, CMC
City Clerk,
(11165323)
":p ~\
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
Authorized~. ~
Signature'__/~~
ling Services Representative
~
~ 1\01
\~\\
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on November 17, 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 Roanoke Redevelopment and Housing Authority to
permanently vacate, discontinue and close the. following rights-of-
way: (1) Mill Avenue, S.E., lying adjacent to parcels bearing Official
Tax Nos. 4040101, 4040106, and property of the Norfolk and
Western Railway Co., (2) Green Avenue, S.E., lying adjacent to
parcels bearing Official Tax Nos. 4040201 and 4040105; (3)
Whitmore Avenue, S.E., lying adjacent to parcels bearing Official
Tax Nos. 4040301 and 4040206; and (4) an alleyway running
approximately 1,290 feet in a southerly direction from its intersection
with Mill Avenue to its terminus at the southeasterly boundary of a
parcel bearing Official Tax No. 4040303.
A copy ofthe application is available for review in the Office of the City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter.
If you are a person with a disability who needs accommodations for this hearing, please contact the
City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed
above.
GIVEN under my hand this 31stdayof October
,2008.
Stephanie M. Moon, CMC
City Clerk.
(-",-,
.. "., "'_J
Notice to Publisher:
Publish in the Roanoke Times on Sunday, November 2,2008, and November 9,2008.
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:
Roanoke Redevelopment and Housing Authority
Attn: John Urquhart
2624 Salem Turnpike, N. W.
Roanoke, Virginia 24017
(540) 983-9260
Fax (540) 983-9229
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 T, WEBB
Assistant Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
November 18, 2008
Sean Horne
Balzer & Associates, Inc.
1208 Corporate Circle
Roanoke, Virginia 24018
Dear Mr. Horne:
I am enclosing copy of Ordinance No. 38287-111708 rezoning properties
located on Belle Avenue, bearing Official Tax No. 7060113, and 237 Mountain
Brook Drive, N. E., bearing Official Tax No. 7050164, from R-12, Residential
Single Family District, to MXPUD, Mixed Use Planned Unit Development District,
subject to the conditions that the properties will be developed in substantial
conformity with the "Planning and Design Documents for Mountain Brook Villas"
revised date of September 16, 2008, and that the project Mountain Brook Villas
will be developed in substantial conformity with the "Mountain Brook Villas
Development Plan" revised date September 16, 2008, as set forth in the Zoning
Amended Application No.1 dated September 16, 2008.
. The abovereferenced measure was adopted by the. Council of the City of
Roanoke at a regular meeting held on Monday, November 17, 2008, and is in
fu II force and effect upon its passage.
Sincerely,
~rn.~W
Stephanie M. Moon, CMC
City Clerk
S M M: ew
Enclosu re
Mr. Sean Horne
November 18, 2008
Page 2
pc: Norfolk Southern Railroad, C/O Bill Title, 110 Franklin Road, S. E.,
Roanoke, Virginia 24011
Mr. Roger Flippen and Ms. Dephia M. Ryan, 3411 Belle Avenue, N. E.,
Roanoke, Virginia 24012
Mr. Brian K. Ingraham and Ms. Amy Fogg, 3646 Belle Avenu'e, N. E.,
Roanoke, Virginia 24012
Vinton Congregation of Jehovah's Witnesses, P. O. Box 222, Vinton,
Virginia 24179
Bulwark Industries, LLC, P. O. Box 10731, Roanoke, Virginia 24022
Mr. and Mrs. Michael Bartkiewicz, 181 Berkley Road, N. E., Roanoke,
Virginia 24012
Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia
24081
Mr. and Mrs. Roger Morris, 195 Berkley Road, N. E., Roanoke, Virginia
24012
Mr. and Mrs. Craig Lyle, 3532 Pinnacle Ridge Road, N. E., Roanoke,
Virginia 24012
Mr. Lynn and Mark McVicker, 3536 Pinnacle Ridge Road, N. E., Roanoke,
Virginia 24012
Mr. and Mrs. Douglas Goerke, 3540 Pinnacle Ridge Road, N. E., Roanoke,
Virginia 24012
Mr. and Mrs. Wilbur Tucker, 3544 Pinnacle Ridge Road, N. E., Roanoke,
Virginia 24012
Mr. and Mrs. William Brunelli, 3548 Pinnacle Ridge Road, N. E., Roanoke,
Virginia 24012
Mr. and Mrs. William Long, 3552 Pinnacle Ridge Road, N. E., Roanoke,
Virginia 24012
Ms. Margaret Macher, 3556 Pinnacle Ridge Road, N. E., Roanoke, Virginia
24012
Mr. and Mrs. Ricky Corbett, 3560 Pinnacle Ridge Road, N. E., Roanoke,
Virginia 24012
Mr. and Mrs. Ricky Carver, 3671 Belle Avenue, N. E., Roanoke, Virginia
24012
Mr. Kenneth Thomas and Ms. Kathy Kemp, 3635 Preakness Court, N. E.,
Roanoke, Virginia 24012 _
C & D Builders, 3822 Cundiff Drive, N. E., Roanoke, Virginia 24012
Mr. Wallace S. Cundiff, Sr., 3822 Cundiff Drive, N. E., Roanoke, Virginia
24012
Adrian Lewis, President, Wildwood Civic League, 2538 Belle Avenue, N. E.,
Roanoke, Virginia 24012
Planning Department, County of Roanoke, P. O. Box 29800, Roanoke,
Virginia 24081
Mr. Sean Horne
November 18, 2008
Page 3
pc: Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Henry Scholz, Chair, City Planning Commission,
Martha P. Franklin, Secretary, City Planning Commission
Nancy C. Snodgrass, Zoning Administrator
~
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to ../'
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of November, 2008.
No. 38287-111708.
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 properties within the City, and dispensing with the
second reading of this ordinance by title.
WHEREAS, Mountain Brook Development, Inc., represented by Sean Home,
Balzer and Associates, Inc., has made application to the Council of the City of Roanoke,
Virginia ("City Council"), to have properties located on Belle Avenue, N.E., bearing
Official Tax No. 7060113, and 237 Mountain Brook Drive, N.E., bearing Official Tax
No. 7050164, rezoned from R-12, Residential Single Family District, to MXPUD: Mixed
Use Planned Unit Development District, subject to the conditions that the properties will
be developed in substantial conformity with the "Planning and Design Documents for
Mountain Brook Villas" revised date of September 16, 2008, and that the project
Mountain Brook Villas will be developed in substantial conformity with the "Mountain
Brook Villas Development Plan" revised date September 16, 2008;
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 November 17,2008, 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
O-Mountain Brook Development-rezone ,doc
1
interest and citizens were given an opportunity to be heard, both for and against the
proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity, convenience, general welfare and good zoning practice, require the rezoning of
the subject properties, and for those reasons, is of the opinion that the hereinafter
described properties 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 properties located on Belle Avenue, N,E., bearing
Official Tax No. 7060113, and 237 Mountain Brook Drive, N.E., bearing Official Tax
No. 7050164, be and is hereby rezoned from R-12, Residential Single Family District, to
MXPUD, Mixed Use Planned Unit Development District, subject to the conditions that
the properties will be developed in substantial conformity with the "Planning and Design
Documents for Mountain Brook Villas" revised date of September 16, 2008, and that the
project Mountain Brook Villas will be developed in substantial conformity with the
"Mountain Brook Villas Development Plan" revised date September 16, 2008, as set
. forth in the Zoning Amended Application No. 1 dated September 16, 2008.
O-Mountain Brool< Development-rezone ,doc
2
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
ft;;j. ,'...1-
I 1./ "~~
~,ur \. MYV
I Gjfy iClerk. ~
O-Mountain Brook Development-rezone ,doc
3
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
November 17,2008
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 Co~ncil:
Subject:
Request from Mountain Brook Development, Inc., represented by Sean
Horne, Balzer and Associates, Inc., to rezone property located on Belle
Avenue, N.E., Official Tax No. 7060113, and 237 Mountain Brook Drive,
N.E., Official Tax No. 7050164, from R-12, Residential Single Family District,
to MXPUD, Mixed Use Planned Unit Development District, subject to the
conditions that the property will be developed in substantial conformity with
the "Planning and Design Documents for Mountain Brook Villas" revised date
of September 16, 2008, and that the project Mountain Brook Villas will be
developed in substantial conformity with the "Mountain Brook Villas
Development Plan" revised date September 16, 2008.
Planning Commission Recommendation
Planning Commission public hearing was held on Thursday, October 16, 2008. Discussion
from the Commission's hearing is set out in the Public Comment section of this report on
page six. By a vote of 7-0, the Commission recommended approval of the request. The
Commission found the proposed rezoning of the subject property to be consistent with the
Comprehensive Plan and the HollinslWildwood Area Plan. It provides housing options for
City residents on a physically challenging property through progressive design solutions.
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
November 17, 2008
Page 2
Application Information
Request: Rezoning to Planned Unit Development
. Owner: Mountain Brook Development Inc. (Ed Lindsley)
Authorized Aqent: Salzer & Associates Inc. (Sean Horne)
City Staff Person: Maribeth B. Mills
Site Address/Location: Selle Avenue, 237 Mountain Brook Drive N.E.
Official Tax Nos.: 7060113,7050164
Site Area: 49.956 Acres
Existing Zoning: R-12, Residential Single-Family and RCC, River and
Creek Corridor Overlay District
Proposed Zoning: MXPUD, Mixed Use Planned Unit Development and RCC,
River and Creek Corridor Overlay District
Existinq Land Use: Vacant
Proposed Land Use: Single-Family Attached and Townhomes
Neiqhborhood Plan: Hollins/Wildwood Area Plan
Specified Future Land Use: Single-Family, Medium Density
Filing Date: Original Application: August 7,2008; Amended
Application NO.1: September 16, 2008
Background
The applicant requests a rezoning of approximately 50 acres to permit the construction of
115 single-family attached and townhouse units. An additional 2.4 acres of the property
lies in Roanoke County's jurisdiction, however, no development is proposed for this area.
Access to the development would be through Mountain Brook Estates, a single-family
subdivision currently under construction by the same owner. The units would be clustered
together, leaving floodplains and steep slopes in their natural state. The resulting density is
2.5 dwelling units per acre. The applicant proposes the following development standards
as part of the MXPUD:
1. The development will consist of 115 single-family attached and townhome units. All
units that address the street will have a sidewalk connecting the front entrance and
the community sidewalk system. Parking will be hidden, where possible, through
rear loaded garages off alleys and internal parking courtyards. Permitted building
materials will include brick, wood, and fiber cement board for siding; wood or vinyl
for shutters; asphalt or fiberglass roof shingles; wood, vinyl, or aluminum clad
windows; and brick, stone, stucco, or parged foundations.
2. Amenities will include a community center, a pool, and walking trails. More than
50% of the site will be left in open space and the applicant has reserved a 50'
easement for the construction of the Glade Creek Greenway.
3. All right-of-ways will consist of 4' concrete sidewalks; 6' planting strips with
deciduous trees every 50' and pedestrian scaled (16' high) street lights; rolled face
or CG-2 curbing; and a narrow roadway.
4. A brick monument sign with a maximum height of 6' and sign face of 25 square feet
will be located at the main entrance.
Members of City Council
November 17, 2008
Page 3
Conditions Proffered by the Applicant
As a MXPUD, the development plan attached to this amendment is binding for future
development. Development guidelines are listed directly on the development plan and in
the Planning and Design Documents for Mountain Brook Villas.
Considerations
Surroundinq Zoninq and Land Use:
Zoning District Land Use
North R-7, Residential Single-Family. Single-Family Dwellings.
South RA, Residential Agricultural. Single-Family Dwellinq.
East R-5 & R-12, Residential Single-Family. Single-Family Dwellings.
West R-1, Low Density Residential (Roanoke County). Single-Family Dwellinqs.
Compliance with the Zoninq and Subdivision Ordinances:
The proposed development plan fulfills all objectives stated in the purpose of the MXPUD
District. The plan provides for the efficient use of land and infrastructure through design;
compatible architecture in keeping with the surrounding neighborhood; mixing of residential
dwelling types; safe access and traffic circulation for automobiles and pedestrians;
advanced technology in managing quality and quantity of storm water; and the preservation
of steep slopes, floodplains, and existing trees. Additionally, the proposed street section is
consistent with the City's Subdivision Ordinance for sidewalks, planting strips, tree
placements, and lighting. Right-of-way and roadway widths are a bit narrower than
typically required by the Zoning Ordinance in other districts, however, they are appropriate
to the overall, low impact design of the project and can still accommodate emergency
vehicles. The development plan and design documents supply dimensional standards to
be used during the comprehensive plan review process.
The property also lies within the RCC District which requires a 50' riparian buffer from the
top of each creek bank. No development can occur in this area and no vegetation can be
removed. Public passive recreation uses such as greenways and community trails with a
pervious path are permitted within this buffer. The pedestrian trail proposed by the
applicant would be constructed of natural stone dust/cinder material.
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
Vision 2001-2020 and the HOllinslWildwood Area Neighborhood Plan emphasize housing
choice, environmental quality, and efficient land use through good design, all of which are
fulfilled by the applicant's proposal. One of the greatest attributes of this neighborhood, as
sited by its residents, is its undulating terrain. Housing clusters that provide a mixture of
dwelling types and maximize the use of land while preserving the natural environment are
strongly encouraged in this neighborhood. The proposal's compatibility with the design
principles for housing clusters as listed in the Neighborhood Plan is provided below.
Members of City Council
November 17, 2008
Page 4
The Neighborhood Plan also identifies the creation of the Glade Creek Greenway as a high
priority. The Roanoke Valley Conceptual Greenway Plan proposed route for this trail
traverses the subject property. The applicant had already planned to construct a
community trail along Glade Creek but since has agreed to dedicate a greenway easement
to the City to open a portion of the trail to the public. Showing the easement on the
development plan or actual dedication of the easement would enable the greenway to be
constructed according to the greenway plan. Acceptance of the development plan or the
easement implies no obligation for the design and construction of this segment of the
regional greenway system.
The following policies of Vision 2001-2020 are relevant to the application:
. NH P5. Housing choice. The City will have a balanced, sustainable range of housing
choices in all price ranges and design options that encourage social and economic
diversity throughout the City.
. EC P3. Vie wsh eds. Roanoke will protect steep slopes, ridgetops, and viewsheds within
the City as important environmental and scenic resources and will cooperate regionally
to protect such resources located outside of the City.
. EC P4. Environmental quality Roanoke will protect the environment and ensure
quality air and water for citizens of the region. Storm water will be addressed on a
regional as well as local level. (Note EC A 13 and EC A 15 which state that impervious
surfaces should be limited to reduce runoff and that the integrity of storm and water
systems should be ensured.)
· EC P5. Trees. Roanoke will maintain and increase its tree canopy coverage as a way
to improve air quality.
The following policies of the Hollins/Wildwood Area Neighborhood Plan are relevant to the
application:
. Residential Development Policies
a. Zoning: Zoning should reinforce the existing character of neighborhoods.
b. New development: New development should be well-planned and use limited
land resources wisely. Infrastructure should be installed in conjunction with
new development, including street improvements to address added traffic.
(Action: Support the rezoning of vacant or underutilized large sites for mixed
density housing that is consistent with the design guidelines of Vision2001-
2020.)
. Quality of Life Policies
a. Greenways: The greenway routes of the Roanoke Valley Conceptual
Greenway Plan should be developed to enhance the quality of life in the area.
Conformity with Housing Cluster Design Principles:
Traditional neighborhood design;
houses should be oriented close to the
street (less than 20 feet) and to each
other. Houses have minimal setback
distance from the street, and arkin
Housing will be setback a maximum of
10' to 15' for units with side or rear
loaded garages. Where topography
does not permit side or rear loaded
ara es, housin units will be setback
Members of City Council
November 17, 2008
Page 5
should be on-street, or to the rear or a maximum of 24' to accommodate a
side of the house. driveway and front loaded garage.
Traditional neighborhood streets; Roadways will be 20' on average with
pavement widths need only be roll face curb to accommodate
between 22- emergency vehicles. All streets will
30 feet, and lined with trees, curb, have a 6' planting strip on both sides
gutter and sidewalk. with deciduous tress. All streets that
are addressed by housing units will
have a 4' sidewalk.
Green space; approximately 20% of A minimum of 50% of the site will be
the development should be preserved preserved as natural open space.
either as natural forest or a landscaped
buffer.
Stormwater management; retention or Impervious surface has been kept to a
detention ponds should be minimum by clustering housing (e.g.
incorporated into the development minimizes amount of roadway that
without detracting from the aesthetic must be constructed). The center of
quality of the natural environment the traffic circle will be used for
stormwater manaQement purposes.
Signs (private and public) should be One monument sign will be used to
limited in number and scaled in a size identify the development The
to minimize visual clutter. proposed dimensions are consistent
with those permitted in other residential
zoning districts.
City Department Comments:
The original plan for the subject property was 90 single-family units by-right A preliminary
traffic study was completed for this development and approved by the City's Transportation
Division. The City's Traffic Engineer, Hong Liu, stated that the existing traffic study is more
than adequate to address the proposed change in land use as 90 single-family units would
generate 944 trips per day while 115 townhouse units would generate only 723 trips per
day.
Planninq Commission Comments:
The following questions were posed by the Planning Commission during their October 16th
public hearing:
1. Mr. Williams asked if the street and sidewalk system would only be open to
Mountain Brook residents and guests. The applicant responded that it was not the
intent to exclude anyone from the community and that the development would not be
gated, locked or fenced in any way.
2. Mr. Williams asked if the developer was planning on dedicating the streets to the
City of Roanoke once complete. The applicant stated that their plans were to keep
the street system privately maintained.
Members of City Council
November 17, 2008
Page 6
3. Mr. Scholz asked why there was no interconnection to the east of the property. Staff
responded that only the developer of the subject property had access to the property
to the east and that the development plan as presented did not preclude the
connection to that property in the future.
4. Mr. Scholz asked if the streets conformed to the current streetscape guidelines.
Staff responded that the street design as proposed were very close to the City's
Street Design Guidelines and the Subdivision Ordinance standards, but as they
were private some variation was permitted.
5. Mr. Williams asked why a traffic impact study was not required by the City's Traffic
Engineer. Staff responded that townhome units generate fewer trips per days than a
single-family unit as they are typically occupied by empty-nesters. Therefore, even
though the proposed development has more units, it would not generate as many
trips per day as the by-right single-family development. Staff also noted that the
traffic problem was at the intersection of Belle Avenue and King Street, a location
physically removed from the subject property. Staff also reminded the Planning
Commission that prior to December 2005 this site had been zoned industrial and
traffic impact would have been far worse.
Public Comments:
The following questions were posed by the public during the Planning Commission's
October 16th hearing:
1. Glen Thompson (3508 Sunrise Ridge, NE), president of the Pinnacle Ridge
Association, said that he did not object to the development of the property, but had
some concerns about the specific plan. He noted the following concerns: (1)
building height of four stories when most houses in the neighborhood are two; (2)
loss of existing tree cover; (3) majority of the land is open pasture and concerned
about the wetlands and wildlife habitat; (4) fencing and access to the trails; (5) traffic
at King Street and Belle Avenue. The applicant and staff responded to these
questions as follows: (1) Due to topography some units would be three stories on
the front and two on the back with a sloped roof which adds height; (2) 50% of the
site would remain undisturbed; (3) the property lies within the River and Creek
Corridors Overlay which requires a 50' riparian buffer on both sides of Glade Creek;
(4) the developer has proffered to dedicate a recreational easement for a greenway
along Glade Creek which would be open to everyone; (5) addressed in the previous
section of this report.
2. Adrian Lewis (2538 Belle Avenue), president of the Wildwood Civic League, said
that the civic league supported the request and felt the development would raise
their property values.
3. Rick Corbett (3560 Pinnacle Ridge) said that he did not understand the
development's impact on the floodplain; the open space area around the perimeter
of the development; and the impact on the wildlife in the undeveloped area. The
applicant responded that State and City storm water standards would have to be met
which would reduce runoff to pre-development standards.
4. Janet Corbett (3560 Pinnacle Ridge) said that her biggest concern was traffic. She
also voiced her concern about the wildlife habitat that would be disturbed by the
development.
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Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.w.
Roanoke, Virginia 24011
Phone: (540) 853-1730 Fax: (540) 853-1230
Date: I September 16, 2008 I
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D Rezoning, Not Otherwise Listed
D Rezoning, Conditional
[8J Rezoning to Planned Unit Development
D Establishment of Comprehensive Sign Overlay District
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Submittal Number: !Amended Application No.1
D Amendment of Proffered Conditions
D Amendment of Planned Unit Development Plan
D Amendment of Comprehensive Sign Overlay District
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Address: Belle Avenue N.E. , 327 Mountain Brook Drive N.E.
Official Tax No(s),: /7060113, 7050164
Existing Base Zoning: " IR-12. Residential Single-Family
(If multiple zones, please manually enter all dlstncts.)
Ordinance No(s). for Existing Conditions (If applicable): I n/a
Requested Zoning: I MXPUD, Mixed Use Planned unil Proposed Land Use: I Mixed Use Residential
I D With Conditions
[8J Without Conditions
Name: Attn: Ed Lindsley
Address: /3925 Apricot Trail Roanoke, VA 24012
Phone Number: I 977 -4695
I E"Mail: lebslind@cox.net
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Authorized Agent's Signature:
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PJanninQI Use Statement:
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This planning and design document is intended to provide guidance and
development standards for the Mountain Brook Villas Mixed Use Planned
Unit Development District (MXPUD). Mountain Brook Villas is a proposed
47.87 acre Mixed Use Planned Unit Development consisting of residential
development located within the HollinslWildwood area of the City of
Roanoke. An additional 2.40 ac. is located within the County of Roanoke
and is not part of this rezoning. The total acreage for the parent tracts is
approximately 50.27 acres. No proposed units will be located on the
Roanoke County portion of the site and no rezoning is required for that
portion. The intent of this project is to provide a residential development
pattern that reflects the ideals found within the neighborhood plan while
incorporating the character of the natural features of the site.
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General site and architectural standards are set forth within this document.
The development guidelines shall be referenced by the developer and the
Home Owners Association to maintain a consistent character within the
Mountain Brook Villas development. The development will provide two
housing types, consisting of attached patio homes and attached single
family homes, or Villas. The current development plan indicates a
maximum of 115 units to be constructed onsite.
The neighborhood will provide many amenities and recreation
opportunities for the residents such as a community club house with pool,
walking trails, sidewalks, street lights, open space, and the preservation of
natural site features such as Glade Creek.
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RezoninQ/Backaround Information:
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Site Summary
Property Owner/Developer: Mountain Brook Development, LLC
Attention: Mr. Ed Lindsley
3925 Apricot Trail
Roanoke, VA 24012
Tax Parcel 10#:
Total Acreage:
7060113,7050164
47.87 acres within the limits of the City of Roanoke
(Area being rezoned)
Approx. 2.40 ac. located within the County of Roanoke
Approx. 50.27 ac. total for tracts
Existing Zoning:
Overlay District:
R-12 - (Residential Single-Family District)
RCC - (River and Creek Corridor Overlay District)
Proposed Zoning: MXPUD - (Mixed Planned Unit Development District)
Zonin~ Ordinancel Area Plan Compliance
This development is in compliance with the intent of the Hollins/Wildwood
neighborhood plan and the Roanoke City Zoning Ordinance. This project
provides neighborhood cluster housing that is outlined in the
neighborhood plan as a desirable attribute to this area. The proposed
development will incorporate the required infrastructure improvements
such as water/sewer services, curb pnd gutter, sidewalks and pedestrian
trails.
This development maximizes the use of the land while preserving the
natural environment of Glade Creek. Useable green space is being
provided throughout the development A minimum of 50% of the site is
being dedicated as open space for the residents of the neighborhood.
In keeping with clustered neighborhood design, the proposed residential
units will be oriented to the street with only minimal setback requirements.
Vehicular parking and garage access will generally be from internal
parking courtyards or from rear alley access. This will provide for a very
pedestrian-oriented development by minimizing driveways and providing
additional areas for landscaping along the proposed roads. The density
proposed is only 2.5 units per acre, well below the 3.6 units per acre that
is allowed by the current zoning.
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Vision Statement:
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Mountain Brook Villas is developed around the idea of cluster housing to
take advantage of developable land while preserving many sensitive
features of the site. The housing style, arrangement, and amenities
provide for an abundance of outdoor recreation possibilities. Green space
preservation and convenient, easy living is provided while meeting the
ideals and vision expressed in the Hollins/Wildwood area plan. This
community provides development principals and architectural character to
match the surrounding scenic beauty of the site.
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Housina Styles:
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Villas
Villas housing within the community will consist of groups of buildings with four
units located within each "quad," Each unit will have a two car garage that will
access from a center parking court.
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VILLAS CONCEPT
Attached Patio Homes
VILLAS CONCEPT
Attached Patio homes within the community will be grouped together to provide
clustered development and to provide open space between the units. Each unit
will have a garage with access from an alley or street as indicated on the
masterplan.
ATTACHED PATIO CONCEPT
ATTACHED PATIO CONCEPT
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Community Center
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A community center will be provided for the residents that will include a
community facility and pool.
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COMMUNITY CENTER CONCEPT
COMMUNITY CENTER CONCEPT
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Architectural Buildinq Materials and Color Schemes:
Exterior Siding: Materials shall consist of Brick, Wood, or Fiber Cement
Board
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Shutters: Wood or Vinyl
Roofing: Asphalt or Fiberglass
Colors: Traditional color style? as approved by the Mountain Brook
Villas Architectural Review Board
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Winc;fows: Wood, Vinyl, or Alumin\.lrn clad wood'
Fo.undatiens: Brick, Stone, Stucco, or parging.
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Streets and Pedestrian Access:
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Mountain Brook Villas circulation patterns have been designed to emphasize the
pedestrian instead of just the automobile. The layout and design of the
neighborhood provides street level interaction with residents of the community.
The internal system of roadways through the site provides access while blending
into the landscape with street tree plantings, extensive landscape areas along
the streets, and sidewalks. Pedestrian trails will provide residents with access to
other areas of the development, as well as provide access to site amenities.
Cross Sections:
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+ ~IDE +LA'NDSCAPt---- -,- ROADWAY- ..,'"'iANDscAPl SIDEr ---+
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ROAD TYPE "A"
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*Roadway widths for road type E includes roll face curb and gutter on one side of the
roadway. Standard CG-2 curbing will be provided on the island side of the roadway.
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Development Pattern Standards:
The development patterns shall be in general conformance with the development ('-".
plan for Mountain Brook Villas dated August 7, 2008.
Minimum BuildinQ Size:
Villas: 1,500 s.f, unit footprint
Patios: 1,800 s.f. unit footprint
Maximium BuildinQ HeiQht:
Villas: 45'
Patios: 45'
lot FrontaQe:
No minimum lot frontage required
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Minimum Lot Area:
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Minimum: 3,000 s.f.
Setbacks:
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Side: No Minimum
Rear: No Miniumum
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Patios: Front: No Minimum / 10' Maximum (Rear-Loading Unit)
18' Minimum / 24' Maximum (Front-Loading Unit)
Side: No Minimum
Rear: No Miniumum
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Club House: Front: No Minimum
Side: No Minimum
Rear: No Miniumum
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All building units shall have a minimum 30' setback from all boundary
property lines of the parent tracts.
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All signage shall be in accordance with the Roanoke City Zoning
Ordinance, (latest edition).
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The main entrance signage shall be a monument style sign with brick
construction located at the entrance. The sign shall be a maximum of 6'
tall and 13' wide. The minimum setback for the monument entrance sign
from the right of way shall be 2'. The maximum sign face area shall be 25
square feet
The club house identification sign shall comply with all Roanoke City
signage regulations.
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lighting
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All lighting shall be in accordance with Roanoke City Zoning Ordinance
(latest edition). In addition, the following shall apply:
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All street lighting shall be residential in style and scale, shall be post top
style lights, and shall not exceed 16 feet in height Street lighting shall be
allowed within or adjacent to the street Right of Ways. If the street lighting
is not located within the street Right of Way, then it shall be located within
an appropriate utility easement.
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No more than 0.5 foot candles shall be allowed to cross the property line
of the parent parcel.
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Sidewalks and Trails
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Sidewalks shall be a minimum of 4' wide and shall be constructed of
concrete. Each unit fronting a street shall have a sidewalk connecting the
unit to the street and/or the driveway for that unit
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Walking trails shali be a minimum of 6' wide and shall be constructed of a
natural stone dust/cinder material.
Open Space
A minimum of 50% of the site will be maintained as open space.
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The development shall have a 30' natural buffer along the exterior
property lines of the parent parcel.
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A buffer of 50' shall be maintained from the existing top of bank of Glade
Creek. Walking trails will be allowed within this buffer.
Street trees shall be provided along both sides of all roadways within the
right of way at a spacing of one deciduous tree per fifty linear feet The
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street yard trees shall be provided from the approved list of the Roanoke
City Zoning Ordinance.
All stormwater management shall be developed In accordance with
Roanoke City Stormwater management standards.
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All entrances, including public road intersections, shall be professionally
landscaped.
All retaining walls will be professionally engineered.
Roads
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All roads and alleys within the development will be private and maintained
by the home owners association. The maximum grade for any alley or
road shall be 12%. All roads will have roll face curb and gutter and/or
standard CG-2 curbing where appropriate.
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Subdivision Access
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The proposed development will have one access point from Mountain
Brook Drive. The existing road from Belle Avenue to the proposed
development was designed to accommodate the development of the
subject parcel. The improvements to date provide the necessary
pavement widths and sections to support the traffic from the subject
development.
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Home Owners Association
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All property owners at Mountain Brook Villas will automatically be
members of a Home Owners Association for this development. The Home
Owner Association (H.O.A.) will be established to maintain all interior
roadways, sidewalks, common open space, commonly held stormwater
management facilities, commonly held landscaping and signage, as well
as enforce all design guidelines set forth within this document.
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Architectural Review Committee
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A review committee shall be established to review all neighborhood
improvements on the lots or parcels in order to maintain harmony in the
design and to reject proposed improvements that would otherwise
adversely affect the atmosphere and values of the development. This
would include review and approval of all building plans, exterior elevations
and colors, and landscape plans.
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Mountain Brook Villas Maintenance and Use Standards
Villas:
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Front, Side, Rear Yards: Owned by Resident
Maintained by the Home Owners Association
Resident Use
Patios:
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Front, Side, Rear Yards: Owned by Resident
Maintained by the Home Owners Assocation
Resident Use
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Community Center:
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Owned and Maintained by the Home Owners
Association
Mountain Brook Resident and Guest Use
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Open Space:
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Owned and Maintained by the Home Owners
Association
Mountain Brook Resident and Guest Use
Road Right of Way and Alley:
Owned and Maintained by the Home Owners
Association
Mountain Brook Resident and Guest Use
Sidewalks and Trail:
Owned and Maintained by the Home Owners
Association
Mountain Brook Resident and Guest Use
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REFLECTING TOMORROW
LEGAL DESCRIPTION
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BEGINNING AT A POINT on the northerly Right-of-Way line of Norfolk Southern Railroad (formerly
N & W Railway), said point being the northeasterly corner of Lot 20, Mountain Brook Estates
recorded in Map Book 1, Pages 3157-3159, corner number 10 on said plat; thence N42045'00"W,
547.50 feet passing the lines of Lots 20,47,48,49, and 51 to a point, being the southeasterly corner
of Lot 52, Mountain Brook Estates; thence continuing through tax map parcel 7060113 the following:
N47015'00"E, 30.00 feet to a point; thence N42045'00'W, 266.99 feet to a point; thence
S47015'00'W, 30.00 feet to a point, being the common corner of Lots 52 and 53, Mountain Brook
Estates; thence along the southeasterly line of Lot 53, S4 7015'OO'W, 74.14 feet to a point on the
northerly Right-of-Way line of Mountain Brook Drive, N.E. (R/W varies); thence along the northerly
Right-of-Way line of Mountain Brook Drive, N.E the following: along a curve to the left having an arc
length of 21.41 feet, a chord bearing of N51056'31'W, 21.42 feet, and a radius of 325.00 feet to a
point; thence N53049'46"W, 61.85 feet to a point; thence along a curve to the left having an arc
length of 17.80 feet, a chord bearing of N60044''38'W, 17.75 feet, and a radius of 73.74 feet to a
point; thence along a curve to the left having an arc length of 172.25 feet, a chord bearing of
N82029'56'W, 170.33 feet and a radius of 332.50 feet to the southwesterly corner of Lot 53, being a (
point on the easterly property line of N/F Roger L. Flippen and Delphia M. Ryan (lnstrument,-,.
#060018150, tax map parcel #7060115); thence along the westerly line of Lot 53 N42045'00"E,
204.47 feet to the northwesterly corner of Lot 53, Mountain Brook Estates, corner number 9 on said
plat; thence N42045'00"E, 2002.20 feet to a point on the southeasterly line of Ricky D. and Marsha
W. Carver (Instrument #000004707, tax map parcel #7060121), being the southwesterly corner to
N/F Kenneth H., Jr. and Kathy V. Kemp (Roanoke City Deed Book 1699, Page 1640, Roanoke City
tax map parcel #7060112 & Roanoke County Deed Book 1427, Page 844); thence S42045'00"E,
620 feet more or less, to a point on the Roanoke City Corporate Limits; thence along the
approximate location of the Roanoke City Corporate Limits through Tract 4 of Berkley Estates
(survey by T. P. Parker & Son, entitled "Survey for Oak Grove Properties, Inc." dated May 20, 1974)
S08026'54"E, 633 feet, more or less, to a point on the northerly Right-of-Way line of Norfolk Southern
Railroad; thence leaving the approximate location of the Roanoke City Corporate Limits and
continuing along the northerly Right-of-Way line of said Railroad the following: S44039'30"W, 962
feet, more or less, to a point; thence N21020'30"W, 225.39 feet to a point; thence S01046'30"E,
47.40 feet to a point; thence S29007'30"W, 106.00 feet to a point; thence S60014'30''W, 56.00 feet
to a point, thence S12038'30"E, 75.00 feet to a point; thence S38019'30"E, 62.00 feet to a point;
thence S14018'30"E, 39.16 feet to point; thence S44039'30'W, 513.04 feet to the POINT OF
BEGINNING, containing 47.87 acres, more or less and being that portion of Tracts 3 & 4 of Berkley
Estates, shown on survey by T. P. Parker & Son, entitled "Survey for Oak Grove Properties, Inc."
dated May 20, 1974, within the Roanoke City Corporate Limits.
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PLANNERS . ARCHITECTS . ENGINEERS . SURVEYORS (~,..,
ROANOKE · RICHMOND . NEW RIVER VALLEY . SHENANDOAH VALLEY
1208 Corporate Circle. Roanoke, Virginia 24018. (540) 772-9580. FAX (540)772-8050
www.balzer.cc
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
November 5, 2008
M r. Sean Horne
Balzer & Associates', Inc.
1208 Corporate Circle
Roanoke, Virginia 24018
Dear Mr. Horne:
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
Pursuant to provisions of Resolution No.2 5523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981,1 have advertised a public hearing for
Monday, November 17,2008, 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 Mountain Brook
Development, Inc., to rezone properties located on Belle Avenue, N. E., and
237 Mountain Brook Drive, N. E., from R-12, Residential Single Family District, to
MXPUD, Mixed Use Planned Unit Development District, subject to certain
conditions.
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 November 17
public hearing. Failure to appear could result in a deferral of the matter until a
later date.
Sincerely,
~JY).~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosure
Mr. Sean Horne
November 5, 2008
Page 2
pc: Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Henry Scholz, Chair, City Planning Commission,
Martha P. Franklin, Secretary, City Planning Commission
Nancy C. Snodgrass, Zoning Administrator
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
November 5, 2008
Norfolk Southern Railroad, c/o Bill Title
Mr. Roger Flippen and Ms. Dephia M. Ryan
Mr. Brian K. Ingraham and Ms. Amy Fogg
Vinton Congregation of Jehovah's Witnesses
Bulwark Industries, LLC
Mr. and Mrs. Michael Bartkiewicz
Roanoke County Board of Supervisors
Mr. and Mrs. Roger Morris
Mr. and Mrs. Craig Lyle
Mr. and Mrs. Mark McVicker
Mr. and Mrs. Douglas Goerke
Mr. and Mrs. Wilbur Tucker
Ladies and Gentlemen:
Mr. and Mrs. William Brunelli
Mr. and Mrs. William Long
Ms. Margaret Macher
Mr. and Mrs. Ricky Corbett
Mr. and Mrs. Ricky Carver
Mr. Kenneth Thomas and
Ms. Kathy Kemp
C & D Builders
M r.Wallace S. Cu ndiff, Sr.
Adrian Lewis, President
Wildwood Civic League
Roanoke County Planning
Department
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Monday, November 1 7, 2008, at 7:00 p.m., or as soonthereafter 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 Mountain
Brook Development, Inc., to rezone properties located on Belle Avenue, N. E., and
237 Mountain Brook Drive, N. E., from R-12, Residential Single Family District, to
MXPUD, Mixed Use Planned Unit Development District, subject to certain
conditions. '
This letter is provided for your information as an interested property owner and/or
adjoining property owner. If you have questions with regard to the matter, please
contact the Department of Planning, Building and Development at 540-853-1730.
Adjoining Property Owners
October 31, 2008
Page 2
If you would like to receive a copy of the report of the City Planning Commission,
please contact the City Clerk's Office at 540-853-2541.
Sincerely,
~ln.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
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1....
AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF:
Mountain Brook Development Inc., for property on Belle Avenue, )
N.E., Tax No. 7060113 and 237 Mountain Brook Drive, Tax No. )AFFIDAVIT
7050164, from R-12, to MXPUD, conditional )
)
) TO- WIT:
)
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to
the Roanoke City Planning Commission, and as such is competent to make this affidavit
of her own personal knowledge. Affidavit states that, pursuant to the provisions of
Section 15.2-2204, Code ofVirg~nia, (1950), as amended, on behalf of the Planning.
Commission of the City of Roanoke, she has sent by first-class mail on the 22nd day of
September, 2008, notices of a public hearing to be held on the 16th day of October, 2008,
on the request captioned above to the owner or agent of the parcels as set out below:
. Tax No.
Railroad
ROW
7050158
7050159
7050160
7050112
. 7050142
7050131
. 7050162
7050163
7060115
7060106
7060114
.7060137
7030102
Name
Mailing Address'
Norfolk Southern Railroad
c/o Bill Title
110 Franklin Road, SE
Roanoke, VA 24011
Applicant
Roger Flippen
Dephia M. Ryan
3411 Belle Avenue, NE
Roanoke, VA 24012
Brian K. Ingraham
Amy Fogg
3646 Belle Avenue, SE
Roanoke, VA 24012
Vinton Congregation of
Jehovah's Witnesses
POBox 222
Vinton, VA 24179
Bulwark Industries, llc
POBox 10731
Roanoke, VA 24022
Michael and Frances Bartkiewicz
181 Berkley Road
- - -
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7060139
7060140
7060141
7060142
7060143
7060144
7060145
7060121
7060112
7060117
7060119
Lynn and Mark McVicker
3536 Pinnacle Ridge Road, NE
Roanoke, VA 24012
Douglas and Janice Goerke
3540 PinnaCle Ridge Road, NE
Roanoke, VA 24012.
Wilbur and Ruth Tucker
3544 Pinnacle Ridge Road, NE
Roanoke, VA 24012
William and Tyree Brunelli
3548 Pinnacle Ridge Road, NE
Roanoke, VA 24012
William and Alma Long
3552 Pinnacle Ridge Road, NE
Roanoke, VA 24012
Margaret Macher
3556 Pinnacle Ridge Road, NE
Roanoke, VA 24012 .
Ricky and Janet Corbett .
3560 Pinnacle Ridge Road, NE
Roanoke, VA 24012
Ricky and Marsha Carver
3671 Belle Avenue, NE
Roanoke, VA 24012
Kenneth Thomas
Kathy Kemp
3635 Preakness Court, NE
Roanoke, VA 24012
C & D Builders
3822 Cundiff Drive
Roanoke, VA 24012
050.03-01-04 Wallace S. Cundiff, Sr.
3822 Cundiff Drive
Roanoke, VA 24012
Also Notified: Adrian Lewis, Wildwood Civic League; County of Roanoke
~/-U -41_, c3Y~
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 22"dday of September, 2008. ' .
(drrrk( 2 R f/btt;;)
. otaryPublic'
My Commission Expires: fI //XJ / () 0
/ (
CANDACE R. MARTIN
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, October 16, 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 Mountain Brook Development, Inc., represented by Sean
Horne, Balzer and Associates, Inc., to rezone property located on Belle
Avenue, N.E., Official Tax No. 7060113, and 237 Mountain Brook Drive,
N.E., Official Tax No. 7050164, from R-12, Residential Single Family
District, to MXPUD, Mixed Use Planned Unit Development District, subject
to the conditions that the property will be developed in substantial
conformity with the "Planning and Design Documents for Mountain Brook
Villas" revised date of September 16, 2008, and that the project Mountain
Brook Villas will be developed in substantial conformity with the
"Mountain Brook Villas Development Plan" revised date September 16,
2008.
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 are a person with a disability who needs
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Planning Building and Development
Memorandum
TO:
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
;; hA~ ~
Martha P. Franklin, ~cretary, City Planning Commission
FROM:
DATE:
September 17, 2008
SUBJECT:
Amended Application No. 1- Mountain Brook Development, Inc.
Attached please find Amended Application No. 1 filed on September 16, 2008.
The amended application contains the additional tax number as part of the
rezoning and amended development plan.
Please contact Maribeth at 1502 if questions. Thank you.
If
attach
cc:
nt
tephanie Moon, City Clerk (w/a)
Susan Johnson, City Attorney's office
C?
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
--------------------------------------------------+------------------------
BALZER AND ASSOCIATE
1208 CORPORATE CIRCL
ATTN: SEAN HORNE
ROANOKE VA 24018
PUblif
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I NOTICE OF PUBLIC
, HEARING
Th~ Council of the City of
l'Roanoke will hold a public
hearing on November 17,
::!O08, at 7:00 p.m., or as
'soon thereafter as the
matter may be heard, i.n thel
Council Chamber, fourth
floor, in the Noel C. Taylor;
Municipal 8uilding, 215\
Church Avenue, S.W..,
IRoanoke, Virginia, to
\COnSider the following: I
Request from Mountain
:8rook Development, Incd
Irepresented by Sean Hornel
,8alzer and Associates, Inc.1
'to rezone,property located
Ion 8elle Avenue, N.E.I,
'Official Tax No, 70601131
'and 237 Mountain 8rook,
Drive, N.E" Official Tax No:.
,7050164, from R-1~,
Residential Single FamIly
.District; to MXPUD, Mixed.'\,
Us'e Planned Unit
Development District,
'subject to the conditions that
the prop.erty will ~el
developed in substantIal,
'conformity with the
,"Planning and Design
Documents for Mountain
Brook Villas" revised date of
September 16, 2008, and
'thatthe project Mountain
'Brook Villas will be
'developed in substantial
conformity with the
"Mountain Brook Villas
Development Plan" revised
date September 16, 2008,
to permit the construction of ' ,
115 single -family attached.
and townhouse units.
A copy of the application is
available for review in the
Office of the City Clerk,
Room 456, Noel C. Taylor
!MuniciPal Building, 215
Chur.ch Avenue, S.W.,
Roanoke, Virginia.
AII'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 acpommodations 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 thl~
31st day of October, 2008..
Stephanie M. Moon, CMC
City Clerk.
REFERENCE:
80033818
11165336
NPH-Mountain Brook D
State of Virginia
City of Roanoke
I, (the unders igned) 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 newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
__~!2day of Nov 2008. Witness my hand and
official seal.
PUBLISHED ON:
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11/02
11/09
My
TOTAL COST:
FILED ON:
552.00
11/09/08
(11165336)
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illing Services Representative
~;~1 o~
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on November 17, 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 Mountain Brook Development, Inc., represented by
Sean Home, Balzer and Associates, Inc., to rezone property located
on Belle Avenue, N.E., Official Tax No. 7060113, and 237 Mountain
Brook Drive, N.E., Official Tax No. 7050164, fromR-12, Residential
Single Family District, to MXPUD, Mixed Use Planned Unit
Development District, subj ect to the conditions that the property will
be developed in substantial conformity with the "Planning and Design
Documents for Mountain Brook Villas" revised date of September
16, 2008, and that the project Mountain Brook Villas will be
developed in substantial conformity with the "Mountain Brook Villas
Development Plan" revised date September 16, 2008, to permit the
construction of 115 single -family attached and townhouse units.
A copy ofthe application is available for review in the Office ofthe City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter.
If you are a person with a disability who needs accommodations for this hearing, please contact the
City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed
above.
GIVEN under my hand this 31stdayof October
,2008.
Stephanie M. Moon, CMC
City Clerk.
Notice to Publisher:
Publish in the Roanoke Times on Sunday, November 2,2008, and November 9,2008.
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:
Balzer & Associates Inc.
Attn: Sean Horne
1208 Corporate Circle
Roanoke, Virginia 24018
(540) 772-9580
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 T, WEBB
Assistant Deputy City Clerk
November 18, 2008
Maryellen F. Goodlatte, Attorney
Glenn Feldmann, Darby & Goodlatte
37 Campbell Avenue, S. W.
Roanoke, Virginia 24011
Dear Ms. Goodlatte:
I am enclosing copy of Ordinance No. 38288-111708 rezoning a 0.925-acre
portion of Official Tax Map Nos. 6040504 and 6040506, located on Hemlock
Road, N. W., from R-5, Residential Single Family District, to IN, Institutional
District, for uses as permitted in the IN Zoning District, as set forth in the
Zoning Amended Application No.1 dated September 1 8, 2008.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, November 17, 2008, and is in
full force and effect upon its passage.
Sincerely,
~dh.~~.
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosure
Maryellen F. Goodlatte, Attorney
November 18, 2008
Page 2
pc: Ms. Ann N. McPeak, 750 Hemlock Road, N. W., Roanoke, Virginia 24017
Mr. and Mrs. Kenneth Bevins, 759 Hemlock Road, N. W., Roanoke, Virginia
24017
Mr. Elwood J. Higley, P. O. Box 987, Falls Church, Virginia 22040
Mr. Robert Lindt, 4~42 Oak Road, N. W., Roanoke, Virginia 24017
Robert Miller Estate, et.al, 2131 River Oaks Drive, Salem, Virginia 24153
Mr. and Mrs. Dennis Fix, 2101 Catlett Drive, Salem, Virginia 24153
Mr. Nicholas Calamos, 2100 Catlett Drive, Salem, Virginia 24153
Trustees, Calvary United Methodist Church, 845 Hemlock Road, Salem,
Virginia 24153
Vesper Hill Development Company, c/o Rick Lloyd, Lloyd's Electric,
605 3rd Street, S. E., Roanoke, Virginia 24013
City of Salem, P. O. Box 869, Salem, Virginia 24153-0869
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer ,
HenrY Scholz, Chair, City Planning Commission,
Martha P. Franklin, Secretary, City Planning Commission
Nancy C. Snodgrass, Zoning Administrator
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of November, 2008.
No. 38288-111708.
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, Christian Life International Church, represented by Maryellen F.
Good1atte, attorney, has made application to the Council of the City of Roanoke, Virginia
("City Council"), to have a 0.925 acre portion of property bearing Official Tax Nos.
6040504 and 6040506, located on Hemlock Road, N.W., rezoned from R-5, Residential
Single Family District, to IN, Institutional District, for uses as permitted in the IN zoning
district;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to City
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on November 17,2008, after due and timely notice thereof as required by 936.2-
540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both for and against the
proposed rezoning; and
WHEREAS" this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
O-Christian Life International-rezone .doc
1
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 a 0.925 acre portion of Official Tax Map Nos.
6040504 and 6040506, located on Hemlock Road, N.W., be and is hereby rezoned from
R-5, Residential Single Family District, to IN, Institutional District, for uses as permitted
in the IN zoning district, as set forth in the Zoning Amended Application No. 1 dated
September 18, 2008.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
~h).mbDhJ
City Clerk. I
O-Christian Life International-rezone ,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
November 17, 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 R Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Request from Christian Life International Church, represented by
Maryellen F. Goodlattte, attorney, to rezone a 0.924 acre portion of
Official Tax Nos. 6040504 and 6040506, located on Hemlock
Road, N.W., from R-5, Residential Single Family District, to IN,
Institutional District, for uses as permitted in the IN zoning district.
Planning Commission Hearing and Recommendation
Planning Commission public hearing was held on Thursday, October 16, 2008.
By a vote of 7-0, the Commission recommends City Council approve the request.
The Commission found the application to rezone the subject property to be
consistent with the Zoning Ordinance, Vision 2001-2020, and the Peters Creek
South Neighborhood Plan. Rezoning the subject property to IN District, subject
to the attached comprehensive plan of development, will provide a safer route for
church patrons to enter and exit the site, will prevent the disruption of residences
abutting the existing driveway, and is consistent with neighboring land use.
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
Maryellen F. Goodlatte, Attorney for-the applicant
Members of City Council
Page 2
November 17, 2008
Application Information
Request: RezoninQ
Owner: Christian Life International Church
Applicant: Maryellen F. Goodlatte
City Staff Person: Maribeth B. Mills
Site Address/Location: Hemlock Road, N.W.
Official Tax Nos.: Portion of T.M. 6040504 and 6040506
Site Area: 0.925 Acres
ExistinQ ZoninQ: R-5, Residential SinQle-Family
Proposed ZoninQ: IN, I nstitutional District
Existing Land Use: Vacant
Proposed Land Use: Place of Worship
Neiqhborhood Plan: Peters Creek South Neighborhood Plan
Specified Future Land Use: Sinqle-Family Residential
Filing Date: Original Application: September 4, 2008; Amended
Application NO.1: September 18, 2008
Background
The applicant is requesting to rezone a 0.925 acre portion of the properties listed
above to permit the construction of a 24' by 600' driveway connecting Hemlock
Road N.W. and a place of worship currently under construction in the City of
Salem just over the Roanoke City line. The church site is currently accessed
from Shenandoah Avenue by a 10' gravel driveway located within a 50' pipestem
portion of the property. The applicant has determined that access to Hemlock.
Road is preferable to access to Shenandoah Avenue in Salem. Hemlock Road is
a neighborhood collector that guides traffic to a signalized intersection on
Shenandoah Avenue. The applicant is proposing to rezone the smallest area
necessary to accommodate the driveway, leaving the remaining 5.833 acres in
residential zoning
Considerations
Surroundinq Zoninq and Land Use:
Zoning District Land Use
North R-5, Residential Single-Family Single-Family Dwellings.
South RMF, Residential Multifamily (City of Salem) Place of Worship.
East R-5, Residential Single-Family Single-Family Dwellings.
West RMF, Residential Multifamily (City of Salem) Place of Worship.
Members of City Council
Page 3
November 17, 2008
Compliance with the ZoninQ Ordinance:
No conditions are proffered, so the applicant would not be bound to the concept
plan provided and the property would be open to any use permitted in the IN
district. Staff believes there is no compelling reason for a conditional rezoning as
the configuration and size of the property will limit development potential and
thus limit any adverse impact on surrounding properties. The proposed lot,
driveway; and buffer yard meet the minimum requirements set forth by the
Zoning Ordinance.
Conformity with the Comprehensive Plan and NeiQhborhood Plan:
The Peters ,Creek South Neighborhood Plan has a strong focus on developing
vacant land for market rate single-family housing. While this proposal would
remove approximately 1 acre from potential development as single-family
housing, it retains residential zoning for the majority of the site. Development on
the subject portion of the property would be limited by the site's topography.
City Department Comments:
The City's Development Review Coordinator, Danielle Bishop, requested that an
approvable stormwater discharge location be agreed upon during the rezoning
process. The applicant's engineer responded accordingly and an appropriate
location has been approved.
PlanninQ Commission Comments:
The following questions were posed by the Planning Commission during their
October 16th hearing:
1. Mr. Manetta asked if the small area for the driveway was going to be
subdivided from the larger parcel. The applicant stated that it would
become a separate parcel and that two adjoining parcels would be
combined into one single parcel. .
2. Mr. Williams asked the reason for leaving the residual property zoned
residential instead of rezoning it all to institutional. The applicant
responded that staff had felt that it would be important to retain as much
residentially zoned acreage as possible to encourage future residential
development.
Public Comments:
No comments were received prior to or at the Commission's public hearing.
C..
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Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S,W,
Roanoke, Virginia 24011
Phone: (540) 853-1730 Fax: (540) 853-1230
ROANOKE
I, Click Here to Print J
Date: ISeptember 18, 2008 I
1Jf~~~iI:'~1i~~apJi$~\Y)(J
!29 Rezoning, Not Otherwise Listed
o Rezoning, Conditional
o Rezoning to Planned Unit Development
o Establishment of Comprehensive Sign Overlay District
~Tper,{\y;)Dn~rma~j~
Submittal Number: IAmended Application No.1
o Amendment of Proffered Conditions
o Amendment of Planned Unit Development Plan
D Amendment of Comprehensive Sign Overlay District
Address: Hemlock Road, N.w., Tracts 1 and 2, Boulevard Estates
.
I 0 With Conditions
!29 Without Conditions
A driveway to serve new church sanctuary being built.
Name: jChristian Ufe International Church
I Phone Number: I + 1 (540) 389-5848
Address:
E-Mail: beo@christianlifeinternational.org
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I Phone Number:
I E-Mail: I
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Name:
Address:
Applicant's Signature:
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Name:
Maryellen F. Goodlatte, Esq. / Glenn, Feldmann, Darby & Goodlatte
Phone Number: I +1 (540) 224-8018
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Address: 37 Campbell Avenue, S.W., Roanoke, Virginia 24011
/JZoJ\A~r~~
Authorized Agent's Signature:
E-Mail: Imgoodlatte@gfdg.com
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APPLICANT'S NARRATIVE
Christian Life International Church has been a part of the Roanoke Valley for almost
100 years. It is a growing church with over 900 active members, one-third of whom live
in the City of Roanoke.
In 2000 the Church purchased 38 acres of undeveloped property from the County of
Roanoke for the purpose of building a new sanctuary for its growing congregation. This
acreage is located in the City of Salem very near the Roanoke City line. The location
was strategically sought by the Church so that it could more easily serve its City of
Salem and City of Roanoke members.
In 2003 the Church purchased two tracts of property on Hemlock Road in the City of
Roanoke which are the subject of this rezoning. These two parcels had been previously
owned by another church. These two parcels are located along the municipal boundary
between the City of Roanoke and the City of Salem.
The tracts were purchased by the Church in order to provide access to the traffic signal
at the intersection of Hemlock and Shenandoah to facilitate ingress and egress to the
Church's new sanctuary. Even though the existing entrance into the Church site is from
Shenandoah Avenue (as shown on the concept plan), the driveway from Shenandoah
to the new sanctuary would need to be widened and paved for a distance of
approximately 1600 ft. By way of comparison, the proposed driveway from Hemlock
Road will be only 600 feet in length. Furthermore, the driveway, located on the narrow
pipestem to Shenandoah Avenue, runs between an apartment complex and nursing
home and would bring Church traffic to an unsignalized intersection on Shenandoah
Ave.
Before the Church purchased these lots in 2003, its engineers had preliminary
discussions with Roanoke City traffic engineers to determine whether or not an entrance
permit from Hemlock Road for the Church's driveway over these two parcels could be
granted. Being satisfied that the requirements associated with that entrance permit
could be met, the Church proceeded with its purchase of the two Roanoke City parcels.
These two parcels are unimproved, except for foundation work begun, but abandoned,
by the prior church owner.
When the Church purchased the Roanoke City parcels in 2003, the parcels were zoned
for church use. The comprehensive rezoning undertaken by the City of Roanoke in
December 2005 created a new zoning category for religious assembly uses - the
Institutional, or IN, District. Prior to the 2005 comprehensive rezoning, churches and
church related uses were permitted in residential districts. The 2005 comprehensive
rezoning did not place these parcels in the IN District, but in the R-5 District, even
though both parcels were owned by a church and even though the Church's plans for
the property had been discussed with City engineers in 2003. Unfortunately, the
Church did not recognize the impact of the 2005 comprehensive rezoning on its plans at
the time. Otherwise, it would have requested that City Council place the parcels in the
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new IN District. Only when the Church's plans for the driveway were recently submitted
to the City of Roanoke for approval was the impact recognized. Even though the parcels
will be used only for a driveway - the property over which the driveway runs must have
similar zoning as the parcel being accessed by the driveway. The Zoning Administrator
determined that requires the subject parcels to be zoned IN.
Rather than seeking to rezone the entirety of both parcels to IN, the Church wishes to
rezone to IN only those portions of the parcels over which the driveway will run. As
shown on the concept plan, that encompasses 0.925 acres. The balance of the two
parcels - or 5.833 acres - would remain R-5. The Church's property would be
subdivided to create one new lot - the 0.925 acre parcel which is the subject of this
rezoning application - with the two parent tracts being combined to create one 5.833
acre parcel.
No adverse impacts to Roanoke City residents are anticipated. As shown on the
submitted concept plan and map, no Roanoke City properties are located between the
proposed driveway and Hemlock Road's intersection with Shenandoah Avenue. The
Church's immediate neighbor on Hemlock Road is another church. Next to that church
is another institutional use. If that adjoining church was located in the City of Roanoke,
instead of the City of Salem, we assume it would be zoned IN. The Church simply
seeks to place less than one acre immediately adjacent to Calvary United Methodist
Church into the IN district so that its long-planned new sanctuary can be built. The
majority of the two parcels it owns will continue to be zoned R-5.
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AREA TO REZONE TO IN
A portion of Parcel ID #s 6040506 and 6040504
0.925 acres
Legal Description
BEGINNING at a point on the westerly side of Hemlock Road, 490.90 feet from the comer
of Roanoke City tax map parcel 6040504 and parcel 6040502, thence S. 03 deg. 37. '00" E.
105.00 feet; thence along the boundary line of the City of Roanoke and the City of Salem, N.
83 deg. 05.' 00" W 554.56 feet; thence along the easterly side of 50' Private Roadway
(formerly Churchill Lane), N. 07 deg. 51 '.00" W. 67.22 feet; thence S.83 deg. 05'.00" E.
346.89 feet; thence N. 86 deg. 23. '00: E. 209.13 to the point of the BEGINNING.
AND BEING a 0.925 acre parcel consisting of a portion of Roanoke City tax map parcels
6040506 and 6040504 as shown on Plan for Rezoning prepared by Hughes Associates
Architects dated August 22, 2008 styled "New Facility Christian Life Church International
Shenandoah Avenue, Salem, Virginia."
Exhibit 3
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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, October 16, 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 Christian Life International Church, represented by
Maryellen F. Goodlattte, attorney, to rezone a 0.924 acre portion of Official
Tax Nos. 6040504 and 6040506, located on Hemlock Road, N.W., from
R-5, Residential Single Family District, to IN, Institutional District, for uses
as permitted in the IN 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 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, September 30 and October 7,2008.
Please bill: Christian Life International Church
.-...... . .-
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
November 5,2008
Maryellen F. Goodlatte, Attorney
Glenn Feldmann, Darby & Goodlatte
37 Campbell Avenue, S. W.
Roanoke, Virginia 24011
Dear Ms. Goodlatte:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Monday, November 17,2008, 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 Christian Life International
Church to rezone a 0.925 acre portion of property located on Hemlock Road, N.W.,
from R-5, Residential Single Family District, to IN, Institutional District, for uses as
permitted in the IN 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 November 17
public hearing. Failure to appear could result in a deferral of the matter until a
later date.
Sincerely,
~IY!.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosu re
Maryellen F. Goodlatte
November 5, 2008
Page 2
pc: Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Henry Scholz, Chair, City Planning Commission,
Martha P. Franklin, Secretary, City Planning Commission
Nancy C. Snodgrass, Zoning Administrator
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
November 5, 2008
Ms. Ann N. McPeak
Mr. and Mrs. Kenneth Bevins
Mr. Elwood J. Higley
Mr. Robert Lindt
Robert M iller Estate, et,al
City of Salem
Mr. and Mrs. Dennis Fix
Mr. Nicholas Calamos
Trustees, Calvary United
Methodist Church
Vesper Hill Development Company
c/o Rick Lloyd, Lloyd's Electric
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a pu blic hearing for
Monday, November 17,2008, 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 Christian
Life International Church, represented by Maryellen F. Goodlatte, Attorney, to
rezone a 0.925 acre portion of property located on Hemlock Road, N.W., from R-5,
Residential Single Family District, to IN, Institutional District, for uses as permitted
in the IN zoning district.
This letter is provided foryour information as an interested property owner and/or
adjoining property owner. If you have questions with regard to the matter, please
contact the Department of Planning, Building and Development at 540-853-1730.
If you would like to receive a copy of the report of the City Planning Commission,
please contact the City Clerk's Office at 540-853-2541.
Sincerely,
~ m.'fnDfhU
Stephanie M. Moon, CMC C
City Clerk
S M M: ew
AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF:
Christian Life International Church for property on Hemlock Road)
N.W., pt. of tax nos. 6040504 and 6040506, from R-5 to IN )AFFIDAVIT
COMMONWEALTH OF VIRGINIA
)
) TO- WIT:
)
CITY OF ROANOKE
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to
the Roanoke City Planning Commission, and as such is competent to make this affidavit
of her own personal knowledge. Affidavitstates that, pursuant to the provisions of
Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning
Commission of the City of Roanoke, she has sent by first-class mail on the 22nd day of
September, 2008, notices of a public hearing to be held on the 16th day of October, 2008,
on the request captioned above to the owner or agent of the parcels as set out below:
Tax No.
Name
Mailing Address
6040302
AnnN. McPeak
750 Hemlock Road, NW.
Roanoke, VA 24017
6040501
6040502
Kenneth and Roberta Bevins
759 Hemlock Road, NW
Roanoke"VA 24017
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - -- - - -- - - - - - - - - - - - - - -- - - - - - - -- - - - - - - - - - - - - -+- - - - - - - - - - - - - - -- -- - - - - --
GLENN, FELDMANN, DARBY & GOODL
PO BOX 2887
210 FIRST ST
ROANOKE VA 24001
REFERENCE: 80078049
11165353
NPH-Christian Life I
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
vi~~~fnia. Sworn and subscribed before me this
__J1L~ay of Nov 2008. witness my hand and
official seal.
-~~-6.-~~ (\. -^~.:._.... Notary Public
My commissio~ expi~~d~____JO~~U_.
PUBLISHED ON:
11/02 11/09
"\1111",,,
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,............ ~~?l.... ~~ y. "'"
~... Qj~"" NOTARY<~ '-:.
.:: : PUBLIC '. "'t- -:.
~ * { REG, #7090930.~ * ~
= : MY COMMISSION: . =
~ ~..... EffJ~'-IJ""~l
", ~ ". .' r:s ~
" ~!t/. ........ ~~ ...'
'I" CALTH G~ ""
111/1/111\\\\'
TOTAL COST:
FILED ON:
412.16
11/09/08
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I NOnCE Of PUBLIC
I HEARING'
The Council of the City of
! Roanoke will hold a public
I hearirig on November 17
/2008, at 7:00 p,m" or as
soon thereafter as the
matter may be heard in the
Council Chamber fourth
floor, in the Noel C. Taylor
Municipal Building, 215
Church Avenue, S.W.,
Roa,noke, Virginia, to
consIder the following'
. Request from Chris'tian
LIfe International Church /
. represented by Maryellen F'll,
Goodlatte, attorney, t~ r
rezone a 0.925 acre portion F
, of Official Tax Nos, 6040504' ,
and 6040506, located on (
I Hemlock Road, NW., from t.
:R.5; .Resi~ential Single:
,Fa'!l'I,Y DIstrict, to IN', :
i Inslltutlonal. District, for uses I
,as permitted in the IN zoning
district. ' ;
; A ~opy of the application is
avaIlable for review in the,
Office of the City Clerk
. Roof!1 ~56, Noel C, Taylo;
: MunICIpal Building, 215
,Church Avenue, S:W.,
, Roanoke, Virginia,
. ~II parties in interest and
I CItIZens may appear on the
I above date and be heard on I
I the matter. If you are a
person with a disability who.
n~eds accommodations for I
I thIs hearing, please contact!
the CIty Clerk's Office at I
1853.2541, before noon' on
I the Thursday before the date','
I of the hearing listed above.
, GIVEN under my hand this I
31st day of October, 2008. ;
I Stephanie M, Moon, CMC '
City Clerk, i
i (11165353)
L__-:.
I
-~-'
--------------------------------------------------+------------------------
Authorized ~ ~
Signature:_( I41uA...rT
Billing Services Representative
tj~,,( \ ~~
. \'V~
\0\
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on November 17,2008, 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 Christian Life International Church, represented by
Maryellen F. Goodlattte, attorney, to rezone a 0.925 acre portion of
Official Tax Nos. 6040504 and 6040506, located on Hemlock Road,
N.W., from R-5, Residential Single Family District, to IN,
Institutional District, for uses as permitted in the IN zoning district.
A copy of the application is available for review in the Office ofthe City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter.
If you are a person with a disability who needs accommodations for this hearing, please contact the
City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed
above.
GIVEN under my hand this 31stdayof October
,2008.
Stephanie M. Moon, CMC
City Clerk.
,t..
Notice to Publisher:
Publish in the Roanoke Times on Sunday, November 2, 2008, and November 9, 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:
Maryellen F. Goodlatte, Esquire
Glenn, Feldmann, Darby, & Goodlatte
37 Campbell Avenue, S.W.v
Roanoke, Virginia 24011
(540) 224-8018
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 T. WEBB
Assistant Deputy City Clerk
November 18,2008
Roy V. Creasy, Attorney
21 3 S. Jefferson Street, Suite 91 5
Roanoke, Virginia 24011
Dear Mr. Creasy:
I am enclosing copy of Ordinance No. 38289-111708 amending the INPUD
Development Plan to allow for the expansion of an existing private Christian
school as it pertains to property identified by Official Tax No. 7090402, located
at 3230 King Street, N. E.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, November 17, 2008, and is in
full force and effect upon its passage.
Sincerely,
hl'doJOl'rv
Stephanie M. Moon, CMC
City Clerk
S M M :ew
Enclosu re
pc: Mr. and Mrs. Bryce Clayton, 3132 Belle Avenue, N. E., Roanoke, Virginia
24012
Mr. and Mrs. Herbert Delong, 31 58 Belle Avenue, N. E., Roanoke, Virginia
24012
Mr. William J. Martin, 3164 Belle Avenue, N. E., Roanoke, Virginia 24012
Roy V. Creasy, Attorney
November 18, 2008
Page 2
pc: Mr. and Mrs. William Fox, 3172 Belle Avenue, N. E., Roanoke, Virginia
24012
Mr. Michael Farmer, 3176 Belle Avenue, N. E., Roanoke, Virginia 24012
Mr. Russell L. Short, 101 Irene Drive, Vinton, Virginia 24179
Mr. Frances G. Short, 3302 King Street, N. E., Roanoke, Virginia 24012
Ms. Judy D. Brown, 3131 Richard Avenue, N. E., Roanoke, Virginia 24012
Ms. Barbara B. Karnes, 3139 Richard Avenue, N. E., Roanoke, Virginia
24012
Mr. and Mrs. Ronald Wise, 3147 Richard Avenue, N. E., Roanoke, Virginia
24012
Mr. and Mrs. Robert Bailey, 3157 Richard Avenue, N. E., Roanoke, Virginia
24012
Mr. Garland Holdren, 3165 Richard Avenue, N. E., Roanoke, Virginia
24012
Mr. and Mrs. Thomas Thurman, 3173 Richard Avenue, N. E., Roanoke,
Virginia 24012
Mr. and Mrs. Artie Halsey, 3181 Richard Avenue, N. E., Roanoke, Virginia
24012
Mary W. and Beverly H. Franklin, 3221 Richard Avenue, N. E., Roanoke,
Virginia 24012, I
Mr. Daniel H. Agee, Jr., 3237 Richard Avenue, N. E., Roanoke, Virginia
24012 !
Ms. Virginia Waldron, 3245 Richard Avenue, N. E., Roanoke, Virginia
24012
Ms. Laura Thomas, 3253 Richard Avenue, N. E., Roanoke, Virginia 24012
Mr. Thomas E. Karnes, 3261 Richard Avenue, N. E., Roanoke, Virginia
24012
Mr. Timothy Liptak, 3269 Richard Avenue,N. E., Roanoke, Virginia 24012
Billie and Frances McKee, 3302 Richard Avenue, N. E., Roanoke, Virginia
24012
Affordable Home Improvements, 3925 Apricot Trail, Roanoke, Virginia
24012
Adrian Lewis, President, Wildwood Civic League, 2538 Belle Avenue, N. E.,
Roanoke, Virginia 24012
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Henry Scholz, Chair, City Planning Commission,
Martha P. Franklin, Secretary, City Planning Commission
Nancy C. Snodgrass, Zoning Administrator
~, .
i> ~<t"
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of November, 2008.
No. 38289-111708.
AN ORDINANCE to amend 936.2-100, 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
amend the INPUD Development Plan to allow for the expansion of an existing private Christian
school as it pertains to property identified by Official Tax No. 7090402, located at 3230 King Street,
N.E.; and dispensing with the second reading by title of this ordinance. .
WHEREAS, Trustees, Parkway House of Prayer, represented by Roy V, Creasy, attorney, has
made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend the
INPUD Development Plan to allow for the expansion of an existing private Christian school as it
pertains to property, identified by Official Tax No. 7090402, located at 3230 King Street, N.E.;
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
November 17,2008, after due and timely notice thereof as required by 936.2-540, Code ofthe City
of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an
opportunity to be heard, both for and against the amendment ofthe INPUD Development Plan as it
pertains to property described as Official Tax No. 7090402, located at 3230 King Street, N.E.; and
WHEREAS, this Council, after considering the aforesaid application, the recommendation
made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters
presented at the public hearing, finds that the public necessity,. convenience, general welfare and
OcParkway House of Prayer-Amend INPUD Plan.doc
1
good zoning practice, requires the amendment of the INPUD Development Plan to allow for the
expansion of an existing private Christian school as it pertains to property identified by Official Tax
No. 7090402, located at 3230 King Street, N.E., as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code ofthe 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 the amendment of the INPUD pevelopment Plan to allow for the expansion of an existing
private Christian school as it pertains to property identified by Official Tax No. 7090402, located at
3230 King Street, N.E., as set forth in the Zoning Amended'Application No.2, dated October 22,
2008.
2. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading ofthis
ordinance by title is hereby dispensed with.
ATTEST:
~O'o). OO)~
City Clerk.
O-Parkway HOllse of Prayer-Amend INPUD Plan,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
November 17, 2008
Architectural Review Board
Board of Zoning Appeals
Planning Commission
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 Trustees, Parkway House of Prayer, represented by
Roy V. Creasy, attorney, to amend the INPUD plan for property
located at 3230 King Street, N.E., bearing Official Tax No.
7090402, to allow for the expansion of an existing private Christian
school at the above location.
Planning Commission Hearing and Recommendation
Planning Commission public hearing was held on Thursday, October 16, 2008.
In response to concerns about traffic on and near King Street, the applicant's
attorney presented an amended INPUD plan at the public hearing which
incorporated a reference for a right and left turn lane. There was no public
comment. By a vote of 7-0, the Commission recommended approval of the
amended INPUD plan, finding that the proposed use is appropriate and that the
development plan meets the requirements of the Zoning Ordinance.
Respectfully submitted,
~~.
Henry Scholz, Chairman
City Planning Commission
cc: Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Manager
William M. Hackworth, Assistant City Attorney
Roy V. Creasy, Attorney for the Applicant
Members of City Council
November 20, 2008
Page 2
Application Information
Req uest: Amendment of Planned Unit Development
Owner: Trustees Parkway House of Prayer
Authorized AQent: Roy V. Creasy, Esquire
City Staff Person: Maribeth B. Mills
Site Address/Location: 3230 King Street N.E.
Official Tax Nos.: 7090402
Site Area: 49.956 Acres
ExistinQ ZoninQ: INPUD, Institutional Planned Unit Development
Proposed ZoninQ: INPUD, Institutional Planned Unit Development
Existing Land Use: Place of Worship & Educational Facility
Proposed Land Use: Place of Worship & Educational Facility
Neiahborhood Plan: Hollins/Wildwood Area Plan
Specified Future Land Use: Institutional Planned Unit Development
Filing Date: Original Application: September 3, 2008; Amended
Application NO.1: September 24, 2008; Amended
Application NO.2: October 22, 2008
Background
As part of the comprehensive rezoning of the City in December in 2005, the
property was zoned INPUD, as were all institutional uses on lots with five acres
or more. Changes to the existing development conditions of the site require
approval through the zoning amendment process. The property currently
contains a place of worship with a 368-seat sanctuary and an educational facility
for 280 students, grades K-12. The applicant requests the amendment to permit
expansion of the school with a new 15,000 square foot educational building and
a new 15,000 square foot gymnasium to accommodate projected growth to 500
students. The proposed buildings would be located to the rear of the property
behind the existing church. Thirty-nine parking spaces would be eliminated with
the construction of the educational facility and the connection of parking areas to
improve on-site traffic flow.
Conditions Proffered by the Applicant
As an INPUD, the development plan attached to this amendment is binding for
future development. Development guidelines are listed directly on the
development plan.
Members of City Council
November 20, 2008
Page 3
Considerations
Surroundina Zonina and Land Use:
Zoning District Land Use
North R-5, Residential Single-Family. Single-Family Dwellings.
South R-5, Residential Single-Family. Single-Family Dwellings.
East R-5, Residential Single-Family. Single-Family Dwellings.
West R-5, Residential Single-Family. Single-Family Dwellings.
Compliance with the ZoninQ Ordinance:
The proposed development would be subject to the Comprehensive
Development Plan review process. The INPUD development plan provides
dimensional standards consistent with the Zoning Ordinance. A Type C, Option
2 buffer yard consisting of evergreen trees and shrubs will be installed around all
new construction. The proposed 198 parking spaces are more than adequate to
accommodate the additional students. Parking demand for the school and
church activities occur at different times, with little or no overlap. The school
requires a minimum of 66 spaces with a maximum of 99 spaces and the church
requires a minimum of 92 spaces with a maximum of 138 spaces.
Conformity with the Comprehensive Plan and Neiahborhood Plan:
Vision 2001-2020 and the HollinslWildwood Area Neighborhood Plan
acknowledge the important roles churches play in providing education. Churches
are often identified as ideal organizations for providing assistance to area
schools and families. Parkway House of Prayer is expanding an educational
option available in the neighborhood.
Traffic issues on King Street between Gus Nicks Boulevard and Orange Avenue
are significant. The Roanoke Valley Long Range Transportation Plan identifies
this section of King Street for future improvements consisting of three lanes, one
being a center turn lane, and bike lanes. The City's Traffic Engineer determined
that a Traffic Impact Study was not warranted for this development; however, he
did request that right- and left-hand turn lanes be built at the subject location to
improve traffic flow during peak hours and minimize potential traffic conflicts.
The applicant has responded accordingly and has proffered that the turn lanes
will be installed prior to issuance of the Certificate of Occupancy for the
educational building.
The following policies of Vision 2001-2020 are relevant to the application:
· PE P2. School facilities. School facilities are important community facilities.
The location of new school facilities will be carefully planned to enhance the
Members of City Council
November 20, 2008
Page 4
surrounding community and adhere to the City Design principles
recommended. (Note PE A2: Create programs that provide opportunities for
education and coaching in local institutions such as churches, neighborhood
groups, and businesses to increase awareness and value of education; and
PE A4: Create ways to encourage churches and civic groups to adopt a
school and provide programs/activities to build youth interest and provide role
models for success.
The following policies of the Hollins/Wildwood Area Neighborhood Plan are
relevant to the application:
. Infrastructure Policies
a. New Development: Infrastructure should be installed in conjunction
with new development, including street improvements to address
added traffic. Traffic studies by prospective developers may be
required.
City Department Comments:
Based on the ITE Trip Generation Manual, the City's Traffic Engineer has
determined that the applicant should install right.; and left-turn lanes on King
Street to accommodate the increased traffic created by the proposed expansion.
The applicant has responded accordingly.
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.w.
Roanoke, Virginia 24011
Phone: (540) 853-1730 Fax: (540) 853-1230
Submittal Number: IAmended Application NO.2
D Rezoning, Not Otherwise Listed
D Rezoning, Conditional
D Rezoning to Planned Unit Development
D Establishment of Comprehensive Sign Overlay District
[~~1J!i"~i~
D Amendment of Proffered Conditions
~ Amendment of Planned Unit Development Plan
D Amendment of Comprehensive Sign Overlay District
Address: 3230 King Street N.E., Roanoke, Virginia 24012
Official Tax No(s).: 17090402
Existing Base Zoning:
INPUD, Institutional Planned Unit Development
(If multiple zones, please manually enter all districts.)
Ordinance No(s). for Existing Conditions (If applicable): IN/A
D With Conditions
~ Without Conditions
Requested Zoning: INPUD, Institutional Planned Un Proposed Land Use: Place of Worship and Educational Facility
Name: ITrustees Parkway House of Prayer
I Phone Number:
+ 1 (540) 982-0115 I
I
Address: 3230 King Street N.E., Roanoke, Virginia 24012
E-Mail: I
I Phone Number:
I E-Mail: I
I
I
Name:
Address:
Applicant's Signature:
Name: IRoy V. Creasy, Esquire
I Phone Number: I + 1 (540) 342-0729 I
E-Mail: IRoy.creaSy@gmail.com I
213, . efferson Street, Suite 915, Roanoke, Virginia 24011
("
(-
"=-.-~,-,
ZONING AMENDMENT NARRATIVE
The applicant, Parkway House of Prayer, has decided that to better utilize its
existing property; it will expand its existing private Christian School
(Kindergarten through 12th grade) by erecting a new 15,000 square foot
educational building with a future recreational facility of approximately 15,000
square feet. To ease traffic flow on the property the existing driveways will be
connected.
The hours of operation of the school will be unchanged (8:30AM - 3:00PM) and
current enrollment is 280 students. The applicant projects growth to 430
students in the next five years. The maximum number of students will be 500.
It anticipates that in the near future the majority of the children will be bused to
the school. Currently, the applicant has five to six hundred parishioners
attending services on Sunday and has had no traffic issues on this day. With
the potential busing; applicant does not foresee any traffic problems during the
school day.
The character and appearance of the proposed and future development will
compliment, if not improve, the appearance of the existing facility. Since the
proposed and future developments will be located to the rear of the worship
hall and existing church offices and education facility, the improvements will
not be very visible from King Street. A Type 'C' Buffer will be installed to help
screen the proposed improvements from the adjacent neighbors and this same
buffer will be installed with the future recreational facility development.
The additional development will comply with City of Roanoke's Stormwater
Management Ordinance requiring land-disturbing activities maintain the same
after-development runoff characteristics, as nearly as practicable, as the pre-
development runoff characteristics in order to reduce flooding, siltation, stream
bank erosion, and property damage associated with land-disturbing activities;
among the other objectives defined in the Ordinance. In addition, the applicant
will address water quality for the additional development by complying with
pollutant removal requirements. These objectives and requirements will be met
as a result of modifying the existing stormwater management facility or
installing additional measures.
The only existing INPUD zoned properties in the area are the Jehovah's Witness
at 3495 Belle Avenue and Roanoke & Parkway Wesleyan at 3645 Orange
Avenue; both of which are currently utilized.
The applicant's proposed amendment appears to be consistent with the City's
Comprehensive Plan and the applicable Neighborhood Plan.
Map Output
Official Tax No. 7090402
/~~
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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, October 16, 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 Trustees, Parkway House of Prayer, represented by Roy V.
Creasy, attorney, to amend the INPUD plan for property located at 3230
King Street, N.E., bearing Official Tax No. 7090402, to allow for the
expansion of an existing private Christian school at the above location.
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 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, September 30 and October 7,2008.
Please bill: Trustees of Parkway House of Prayer
3230 King Street, NE
Roanoke, VA 24012
~. -rfJ<
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
SHEnA N. HARTMAN, CMC
Deputy City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
November 5, 2008
Roy V. Creasy, Attorney
21 3 S. Jefferson Street, Suite 91 5
Roanoke, Virginia 24011
Dear Mr. Creasy:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for
Monday, November 17,2008, 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 Trustees, Parkway House
of Prayer, to amend the INPUD plan for property located at 3230 King Street, N. E.,
to allow for the expansion of an existing private Christian school at the above
location.
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 StevenJ. Talevi,
Assistant City Attorney, at 540-853-2431.
.
It will be necessary for you, or your designee, to be present at the November 17
public hearing. Failure to appear could result in a deferral of the matter until a
later date. ~;
Sincerely,
~/Y1.fr\~
Stephanie M. Moon, CM~
City Clerk
SMM:ew
Enclosu re
Roy V. Creasy, Attorney
November 5, 2008
Page 2
pc: Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Henry Scholz, Chair, City Planning Commission,
Martha P. Franklin, Secretary, City Planning Commission
Nancy C. Snodgrass, Zoning Administrator
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
November 5, 2008
Mr. and Mrs. Bryce Clayton
Mr. and Mrs. Herbert Delong
Mr. William J. Martin
Mr. and Mrs. William Fox
Mr. Michael Farmer
Mr. Russell L. Short
Mr. Frances G. Short
Ms. Judy D. Brown
Ms. Barbara B. Karnes
Mr. and Mrs. Ronald Wise
Mr. and Mrs. Robert Bailey
Mr. Garland Holdren
Mr. and Mrs. Thomas Thurman
Mr. and Mrs. Artie Halsey
Mary W. and Beverly H. Franklin
Mr. Daniel H. Agee, Jr.
Ms. Virginia Waldron
Ms. Laura Thomas
Mr. Thomas E. Karnes
Mr. Timothy Liptak
Billie and Frances McKee
Affordable Home Improvements
Adrian Lewis, President,
Wildwood Civic League
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a pu blic hearing for
Monday, November 17,2008, 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, request from the Trustees,
Parkway House of Prayer, represented by Roy V. Creasy, Attorney, to amend the
INPUD plan for property located at 3230 King Street, N. E., to allow for the
expansion of an existing private Christian school at the above location.
This letter is provided foryour information as an interested property ownerandjor
adjoining property owner. If you have questions with regard to the matter, please
contact the Department of Planning, Building and Development at 540-853-1730.
Adjoining Property Owners
November 5, 2008
Page 2
If you would like to receive a copy of the report of the City Planning Commission,
please contact the City Clerk's Office at 540-853-2541 .
Sincerely,
~m.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
/" ,
'.\
.J '. ~
AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF:
Parkway House of Prayer, 3230 King Street, N.E., Tax No.
7090402, to amend INPUD 6040506
)
)AFFIDAVIT
COMMONWEALTH OF VIRGINIA
)
) TO- WIT:
)
CITY OF ROANOKE
, The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to
the Roanoke City Planning Commission, and as such is' competent to make this affidavit
of her own personal knowledge. Affidavit states that, pursuant to the provisions of
Section 15.2-2204, Code of Virginia, (1950), as amended, on behalfofthe Planning
Commission of the City of Roanoke, she has sent by first-class mail on the 22nd day of
September, 2008, notices of a public hearing to be held on the 16th day of October, 2008,
on the request caption~d above.to the owner or agent of the parcels as set out below:
Tax No. Name Mailing Address .
7080508 Bryce and Bonnie Clayton 3132 Belle Avenue, NE '
J
Roanoke, VA 24012
7080512 Herbert and Elva'Delong 3158 Belle Avenue, NE
Roanoke, VA 24012
7080513 William J. Martin 3164 Belle Avenue, NE
7080514 Roanoke, VA 24012
7080515 William and Katherine Fox 3172 Belle Avenue, NE
Roarioke, VA 24012
7080516 Michael Farmer 3176 Belle Avenue
Roanoke, Vi\ 24012
7080517 Russell L. Short 101 Irene Drive
Vinton, VA 24179
7080519 . Frances G. Short 3302 King Street, NE;
7080520 Roanoke, Vi\ 24012
7080521
'7080524
7090205 Judy D. Brown 3131 Richard Avenue, NE
Roanoke, VA 240i2
7{)O{\,,'l(\'c T"l___1_
~ ,
,\
J
7090210
7090211
7090212
7090213
7090214
7090215
7090216
7090217
7090218
7090320
7100603
through
7100614
-.
Thomas and Ella Thurman 3173 Richard Avenue" NE
Roarioke, VA 24012
Artie and Claudine Halsey 3181 Richard Avenue, NE
Roanoke, VA 24012
Mary W. Franklin 3221 Richard Avenue, NE
Roanoke, VA 24012
Beverly H. Franklin 3221 Richard Avenue, NE
Roanoke, VA 24012
Daniel H. Agee, Jr. 3237 Richard Avenue, NE
Roanoke, VA 24012
Virginia Waldron . 3245 Richard Avenue, NE
Roanoke, VA 24012
Laura Thomas 3253 Richard Avenue, NE
Roanoke, VA 24012
Thomas E. Karnes 3261 Richard Avenue, NE #l-A
Roanoke, VA 24012
Timothy Liptak 3269 Richard Avenue, NE
Roanoke, VA 24012
Billie and Frances McKee 3302 Richard Avenue, NE
Roanoke, VA 24012
Affordable Home Improvements 3925 Apricot Trail
Roanoke, VA 2 4012
Also Notified; Adrian Lewis, President, Wildwood Civic League
~"kk~
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me~ a Notary Public, in the City of Roanoke,
Virginia, this 22" day of September, 2008~~. ' '. :f,. '. (rbd-;)
rp .. ~
.. , aryPublic
CANDACE R. MARTIN
NOTARY PUBLIC
Commonwealth of Virginia
Reg. #282076
My Commission Expires
The Roanoke Times
Roanoke; Virginia
Affidavit of publication
:}
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
ROY V. CREASY
SUITE 915
213 S JEFFERSON ST
ROANOKE VA 24011
REFERENCE:
80057547
11165309
NPH-parkway House of
NOTICE OF PUBLIC
HEARING
The CoOricil'of the City of
Roanoke will hold a public
hearing on November 17,
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:
Req~est hom Trustees,
Park'way House of Prayer,
repr~sented by Roy V,
Creasy, attorney, to amend
the I!'4P\iD plan for property
locat"d'ai',3230 King Street,
N,E.; bearing Ollicial Tax No.
7090402, to allow for the
expansion of an existing
private Christian school at
the above location,
I A copy of the application
lis available for review in the
Office of the City Clerk, I
IRoom 456, Noel C. Taylor I
'Municipal Building, 215
'Church Avenue, ,S,W"
'Roanoke, Virginia.
I 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 accommodatlonsJor
t, his hearing, please contact I
the City Clerk's Office, at
853-2541, before noon on!
the Thursday before the date i
of the hearing listed above.
I GIVEN under my hand this I
31st day of October, 2008, I
I Stephanie M, Moon, CM, C \
, 'City Clerk. '
[(11165309)' I
I I
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:
I
I
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....~... ....... rA_',
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:: .....,.. PUBLIC "."" -:. I
~ * [ REG. #7090930 : * ~ I
: : WN COMMISSION: - ,
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404 80 ~-~~ '. .' c::,j...... I
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F I LED ON: 11/09/0 8 ",/~t1tfALT\~ \'J~ ~"" I
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4 #-IT n 1'1..\l - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - -
City/County of Roanoke, Commonwealth/State of
Vi\~1nia. Sworn and subscribed before me this
__ l~day of Nov 2008. Witness my hand and
official seal. ~ '
__~_ _____ Cl~ __ __ Notary Public
My com~XPi es _ ___ltl~_~i_____.
PUBLISHED ON:
11/02
11/09
TOTAL COST:
A~thorized P<- -L
Slgnature:_ /+
,
illing Services Representative
,,'
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NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on November 17,2008, at
7:00 p.m., or as soon thereafter as the matter maybe heard, in the Council Chamber, fourth floor, in
the Noel C. Taylor Municipal Building, 215 Church Avenue, S,W., Roanoke, Virginia, to consider
the following:
Request from Trustees, Parkway House of Prayer, represented by Roy
V. Creasy, attorney, to amend the INPUD plan for property located at
3230 King Street, N.E., bearing Official Tax No, 7090402, to allow
for the expansion of an existing private Christian school at the above
location,
A copy ofthe application is available for review in the Office of the City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W" Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter.
If you are a person with a disability who needs accommodations for this hearing, please contact the
City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed
above.
GIVEN under my hand this 31stdayof October
,
,2008,
Stephanie M, Moon, CMC
City Clerk.
Notice to Publisher:
Publish in the Roanoke Times on Sunday, November 2,2008, and November 9,2008.
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:
Roy V. Creasy, Esquire
213 S. Jefferson Street, Suite 915
Roanoke, Virginia 24011
(540) 342-0729
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
December 4, 2008
Sherman A. Holland
Commissioner of the Revenue
Roanoke, Virginia
Evelyn W. Powers
City Treasurer
Roanoke, Virginia
Dear Mr. Holland and Ms. Powers:
I am forwarding an attested copy of Ordinance No. 38290-111708, which has been
properly executed by the Oliver Hill Foundation for purposes of assessment and
collection, respectively, of the service charge established by this Ordinance.
Sincerely,
~h,.~
Stephanie M. Moon, CMC
City Clerk
Attachment
pc: Esther H. Vassar, President, The Oliver White Hill Foundation, 700 East Franklin
Street, Suite 806, P. O. Box 2246, Richmond, Virginia 23218
James W. Morris, III, Attorney, Morris and Morris, Attorneys at Law, P. O. Box
30, Richmond, Virginia 23218-0030
L:\CLERK\DAT A\CKEWl \AGENDA CORRESPONDENCElagenda correspondence 08\Nov 08\01iver White Hill Foundation Notarized
Ordinance. doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva,gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
November 18, 2008
Esther H. Vassar, President
The Oliver White Hill Foundation
700 East Franklin Street, Suite 806
P. O. Box,2246
Richmond, Virginia 23218
James W. Morris III, Attorney
Morris and Morris, Attorneys at Law
P. O. Box 30
Richmond, Virginia 23218-0030
Dear Ms. Vassar and Mr. Morris:
I am enclosing copy of Ordinance No. 38290-111708 exempting from real
estate property taxation of the Oliver White Hill Foundation located in the City
of Roanoke, an organization devoted exclusively to charitable or benevolent
purposes on a~non-profit basis, effective January 1,2009.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, November 17, 2008, and is in
fu" force and effect upon its passage.
Sincerely,
~!Jt. IY]O<M-J
Stephanie M. Moon, CMC
City Clerk
S M M: ew
Enclosu re
Ms. Esther H. Vassar, President
Mr. James W. Morris III
November 18, 2008
Page 2
pc: The Honorable Sherman A. Holland, Commissioner of the Revenue
The Honorable Evelyn W. Powers, City Treasurer
Alice B. Roberts and Margaret B. Roberts, 411. Gilmer Avenue, N. W.,
Roanoke, Virginia 24016
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Susan S. Lower, Director, Real Estate Valuation
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
R. B. Lawhorn, Budget Management Analyst, Office of Management and
Budget '
~~
CIT'!' CLERK '0B DEe 01 Pt106:07
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of November, 2008.
No. 38290-111708.
\ AN ORDINANCE exempting from real estate property taxation certain property of the
Oliver White Hill Foundation, located in the City of Roanoke, an organization devoted
exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective
date; and dispensing with the second reading by title of this ordinance.
WHEREAS, the Oliver White Hill Foundation (hereinafter"the Applicant), has petitioned
this Council to exempt certain real property of the Applicant from taxation pursuant to Article X,
Section 6(a)(6) of the Constitution of Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity to be heard with
respect to the Applicanfs petition was held by Council on November 17, 2008;
WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia
(1950), as amended, have been examined and considered,by the Council;
WHEREAS, the Applicant agrees that the real property to be exempt from taxation is
certain real estate, including the land and any building located thereon, identified by Roanoke
City Tax Map No. 2011424, commonly known as 401 Gilmer Avenue, N.W. (the''Property), and
owned by the Applicant, and providing that the Property shall be used by the Applicant
exclusively for charitable or benevolent purposes on a non-profit basis; and
WHEREAS, in consideration of Councifs adoption of this Ordinance, the Applicant has
voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%)
of the City of Roanoke's real estate tax levy which would be applicable to the Property were the
Property not exempt from such taxation, for so long as the Property is exempted from such
K:\Measures\tax exempt Oliver White Hill Foundation] ] 08 land.doc
taxation.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Council classifies and designates the Oliver White Hill Foundation, as a charitable
or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution
of Virginia, and hereby exempts from real estate taxation certain real estate, identified by
Roanoke City Tax Map No. 2011424, commonly known as 401 Gilmer Avenue, N.W., and
owned by the Applicant, which property is used exclusively for charitable or benevolent
purposes on a non-profit basis; continuance of this exemption shall be contingent on the
continued use of the property in accordance with the purposes which the Applicant has
designated in this Ordinance.
2. In consideration of Councifs adoption of this Ordinance, the Applicant agrees to
pay to the City of Roanoke on or before October 5 of each year a service charge in an amount
equal to twenty (20%) percent of the City of Roanoke's real estate tax levy which would be
applicable to the Property, were the Property not exempt from such taxation, for so long as the
Property is exempted from such taxation.
3. This Ordinance shall be in full force and effect on January 1, 2009, if by such
time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City
Clerk.
4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is
properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer
for purposes of assessment and collection, respectively, of the service charge established by this
Ordinance, and to Esther H. Vassar, President, and the authorized agent of the Oliver White Hill
Foundation.
5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance
K:\Measures\tax exempt Oliver White Hill Foundation II 08 land.doc
by title is hereby dispensed with.
ATTEST:
~':"'\\
~,''',' ','J" , ru" ~" '.'EY}Oth0
,1- "I '
CitY~~le:~'.~~ " '..
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ACCEPTED, AGREED TO AND EXECUTED by Olive White Hill Foundation, this
''''-.)
JOAN M. STROMBERG
Notary Public
,COmmonWealth of Virginia
141627
My Commlulon Expires Nov 30. 2011
, 2008.
F
~~~'~~~d
U- (SEAL)
OLIVER WHITE HILL FOUNDATION
By /~7(V~
I=SI-her J..f Vo.~sar (reside.l'lf
Printed Name and Title .J
K:\Measures\tax exempt Oliver White Hill Foundation 11 08 land,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
November 17, 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
Subject:
Tax Exemption Request -
Oliver White Hill Foundation
Dear Mayor Bowers and Members of City Council:
Background:
The Oliver White Hill Foundation, a Virginia, non-stock, not for profit
corporation owns the property known as tax map #2011424 located at 401
Gilmer Avenue, NW, Roanoke. The Foundation desires the property to be
designated as exempt from real estate taxes pursuant to the provisions of the
Code of Virginia. The ground floor of the referenced real property shall be used
by the organization to proVide a center for pro bono legal services to Roanoke
citizens. The second floor will hold a single dwelling unit in support of the
center. At present, annual taxes due on the parcel are $584 on a total assessed
value of $49,100.
Considerations:
On May 19, 2003, City Council approved a revised policy and procedure in
connection with requests from non-profit organizations for tax exemption of
certain property in the City by Resolution 36331-051903, with an effective date
of january 1, 2003. Based on this policy and procedures, the Oliver White Hill
Foundation has provided the necessary information required for applications
for exemptions that would take effect january 1, 2009.
As noted above, the assessed value of the real property at 401 Gilmer Avenue is
currently $49,100 with annual taxes due of $584. In lieu of the $584, the
Honorable Mayor and Members of City Council
November 17, 2008
Page 2
Foundation would agree to pay to the City an annual service charge equal to
twenty percent of the tax levy on the parcel for as long as the exemption
continues. In this case, the service charge amount would be $117.
Consequently, the City would be foregoing $467 in real estate revenue.
Commissioner of the Revenue, Sherman Holland, has determined that the Oliver
White Hill Foundation is currently not exempt from paying real estate and
personal property taxes by classification or designation under the Code of
Virginia. The IRS recognizes the organization as a 501 (c)(3) tax-exempt
i, organization.
Notification of a public hearing to be held November 17, 2008, was duly
advertised in the Roanoke Times.
Recommended Action:
Authorize the Oliver WhiteHill Foundation's exemption from real estate
taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia,
effective January 1,2009, if the organization agrees to pay the subject service
charges on the real estate by that date.
Respectfully submitted,
~
Darlene L. Burc
City Manager
Attachment
c:, Honorable Sherman A. Holland, Commissioner of the Revenue
Honorable Evelyn W. Powers, City Treasurer
Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Susan S. Lower, Director of Real Estate Valuation
Sherman M. Stovall, Director of Management and Budget
Ms. Esther H. Vassar, President, The Oliver White Hill Foundation, 700
East Franklin Street, Suite 806, P. O. Box 2246, Richmond, VA 23218
Mr. James WhMorris III, Morris and Morris, Attorneys at Law, P. O. Box 30,
Richmond, VA 23218-0030
, i l,', ..,,! '
i ;t :/'. 1 ~ ti! .: ': ;.~, -f
CM08-00 1 70
DEPARTMENT OF MANAGEMENT & BUDGET
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 354
Roanoke, Virginia 24011
540.853.6800 fax: 540.853.2773
November 4, 2008
Mr. james W. Morris, III
Morris and Morris, Attorneys as Law
P. O. Box 30
Richmond, VA 23218-0030
Dear Mr. Morris:
The Oliver White Hill Foundation filed a petition in the City Clerk's Office
on October 10, 2008 requesting exemption from taxation on real
property located at 401 Gilmer Avenue. The real property is identified as
tax map number 2011424.
Pursuant to the requirements of the Virginia Code, the City of Roanoke is
required to hold a public hearing if it wishes to consider a petition for a
tax exemption. At a regular session of the Roanoke City Council held on
Monday, November 3, 2008, the Council approved a request of the City
Manager to hold a public hearing on Monday, November 17, 2008, at
7:00 p.m., or as soon thereafter as the matter may be heard, to receive
citizen comments on the request. Notices of a public hearing with regard
to the matter will be published in the Roanoke Times. Your organization
will be billed for the amount incurred for publishing the notices.
I am forwarding you a copy of a Council Report dated November 17,
2008, from the City Manager's Office addressed to the Mayor and
Members of City Council regarding the petition. Although we are
recommending authorization for exemption from real estate taxation on
the property, please be advised that the final decision with regard to the
exemption rests with City Council. Council will also consider citizen '
comments from the public hearing. It is suggested that a representative
from the organization be present at the public hearing on November 17th
to respond to questions that may be raised regarding the petition. The
session will be held in the City Council Chambers, Room 450, fourth
floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.
If you have any questions regarding this information, please feel free to
call me at 540-853-1643.
Sincerely,
i?6'~4LJ'
R. B. Lawhorn, jr.
Budget/Management Analyst
Department of Management and Budget
Enclosure
c: Ms. Esther H. Vassar, President, The Oliver White Hill Foundation,
1: O. Box 2246, Richmond, Virginia 23218
v';)tephanie M. Moon, 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
STEPHANIE M. MOON, CMC
City Clerk
October 10, 2008
SHEILA N. HARTMAN
Deputy City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2003, Resolution No. 36331-051903 was adopted with regard
to a new policy and procedu re for processing requests from non-profit
organizations to have property exempted from taxation, pursuant to Article X,
Section 6(a)(6), Constitution of Virginia, and repealing Resolution No. 36148-
120202 adopted on December 2,2002.
I am attaching copy of a petition, which was filed in the City Clerk's Office on
October 10,2008, by the Oliver White Hill Foundation, non-stock, not-for-profit
corporation, requesting exemption from taxation of real property located at
401 Gilmer Avenue, N. W., identified as Official Tax No. 2011424, pursuant to
Section 58.1-3651, Code of Virginia (1950), as amended.
Petitions forwarded by the City Clerk to the City Manager by April 1 5 for
evaluation and recommendation to City Council will have an effective date ofjuly
1 st. Petitions forwarded by October 15th will have an effective date of january
1 st.
Sincerely,
z,,~M. rre
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
K:\Tax Exempt\Oliver White Hill Foundation 40 I Gihner Ave acknowledment 10 I 008.doc
Darlene L. Bu rcham
October 10, 2008
Page 2
pc: Mr. james W. Morris, III, Morris & Morris, P. O. Box 30, Richmond, Virginia
23218-0030
Esther H. Vassar, President, The Oliver White Hill Foundation,
P. O. Box 2246, Richmond, Virginia 23218
The Honorable Sherman A. Holland, Commissioner of the Revenue
William M. Hackworth, City Attorney
Susan S. Lower, Director, Real Estate Valuation
R. B. Lawhorn, Budget Management Analyst, Office of Management and
Budget
K:\Tax Exempt\Oliver White Hiil Foundation 401 Gihner Ave acknowledment 101 008.doc
MO
ORRIS
ATTORNEYS AT LAW
JOHN B, BROWDER
(1910-1989)
RUFUS G, COLDWELL, JR.
(1934-1987)
ROBERT M, WHITE
(1933-2003)
1200 WYTESTONE PLAZA
801 EAST MAIN STREET
RICHMOND. VIRGINIA 23219
PLEASE REPLY TO
POST OFFICE BOX 30
RICHMOND, VIRGINIA 23218-0030
TELEPHONE (804) 344-8300
FAX (804) 344-8359
WWW.MORRISMORRIS.COM
JAMES W, MORRIS. III
DIRECT DIAL, (804) 344-6301
E-MAIL, JMORRIS@MORRISMORRIS.COM
October 6, 2008
Stephanie Moon, City Clerk
Commissioner of the Revenue
City of Roanoke
215 Church Avenue, SW, Room 251
Roanoke, Virginia 24011
Re: Oliver White Hill Foundation
Dear Ms. Moon:
I enclose a letter petition for exemption from taxation of real property located at 401
Gilmer Avenue, N.W., Roanoke, Virginia, Tax Map No.: 201-1424. Enclosed is a copy of our
letter to the Commissioner of the Revenue of Roanoke and the Commissioner's response and
letters confirming our exemption from federal tax under Section 501(a) of the Internal Revenue
Code as an organization described in Section 50l(c)(3) and our status as a private foundation
within the meaning of Section 509(a) of the Code.
Please present our Petition to City Council.
Please advise if any further information is required.
Very trvly yours,
JWM,III/lnlJ
Enclosures
cc: Ms. Darlene L. Burcham, City Manager
City of Roanoke
MO
ATTORNEYS AT LAW
October 6, 2008
Page -2-
Honorable Gwendolyn W. Mason
Council Member, City of Roanoke
Clarence M. Dunnaville, Jr., Esq.
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN
PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE
CONSTITUION OF VIRGINIA
TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF
ROANOKE:
-.-----------
1. Your Petitioner, Oliver White Hill Foundation,trVirginia, non-stock, not for
profit corporation owns certain real property, located at 401 Gilmer Avenue,
North West, in the City of Roanoke, Virginia. The property is designated on the
City of Roanoke Tax Map as ID No. 2011424, with a total assessed value of
$49,100 and a total of $971.40 in real property taxes to have been paid in the most
recent year. Your Petitioner desires the property to be designated as exempt
property pursuant to the provisions of the Code of Virginia. The referenced real
property shall be used exclusively for charitable and benevolent purposes in
providing a center for pro bono legal services to Roanoke citizens. It is requested
that the aforesaid property be exempt from taxation under the provisions of
Article X, Section 6(a)(6) of the Constitution of Virginia so long as your
Petitioner operates as a not for profit organization and the property, so exempted,
is used in accordance with the purpose for which the Petitioner is classified.
2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in
an amount equal to twenty percent (20%) of the City of Roanoke tax levy, which
would be applicable to this real estate, were our organization not be tax exempt,
for as long as this exemption continues.
3. Your Petitioner, if located within a service district, agrees to pay to the City of
Roanoke an annual service charge equal to the additional service district tax that
would be levied for as long as this exemption continues.
4. Your Petitioner agrees to provide information to the Director of Real Estate
Valuation upon request to allow a triennial review of the tax exempt status of your
Petitioner.
The following questions are submitted for consideration:
1. (Q): Whether the organization is exempt from taxation pursuant to
Section 501 (c) of the Internal Revenue Code of 1954.
(A): Your Petitioner was granted exemption from taxation pursuant to
Section 501 (c) of the Internal Revenue Code of 1954 on June 12,
2001, a copy of our initial tax exemption letter and a modification
dated June 13,2008 is attached.
2. (Q): Whether a current alcoholic beverage license for serving alcoholic
beverages has been issued by the Alcoholic Beverage Control
Board of such organization for use on such property.
(A): No.
3. (Q): Whether any director, officer or employee of the organization has
been paid compensation in excess of a reasonable allowance for
salaries or other compensation for personal services which such
director, officer or employee actually renders.
(A): No Officer or Director has received any compensation.
4. (Q): Whether any part of the net earnings of such organization inures to
the benefit of any individual, and whether any significant portion
of the service provided by such organization is generated by funds
received from donations, contributions or, local, state or federal
grants. As used in this subsection, donations shall include the
providing of personal services or the contribution of in-kind or
other material services.
(A): No revenue inures to the benefit of any individuals. No significant
portions of the services to be provided has been funded by local or
federal funds.
5. (Q): Whether the organization provides services for the common good
of the public.
(A): Services for the common good of the public will be provided to
citizens of Roanoke.
6. (Q): Whether a substantial part of the activities of the organization
involves carrying on propaganda, or otherwise attempting to
influence legislation and whether the organization participates in,
or intervenes in, any political campaign on behalf of any candidate
for public office.
(A): No.
7. (Q): Whether any rule, regulation, policy or practice ofthe organization
discriminates on the basis of religious conviction, race, color, sex
or national origin.
2
(A): No.
8. (Q): Whether there is a significant revenue impact to the locality and its
taxpayers of exempting the property.
(A): No.
9. (Q): Any other criteria, facts and circumstances, which the governing
body deems pertinent to the adoption of such ordinance.
(A): N/A
A copy of this Petition is being delivered this day to the City Manager of the City of
Roanoke, Virginia.
THEREFORE, your Petitioner respectfully requests to the Council of the City of
Roanoke that this real or personal property, or both, of your Petitioner be designated exempt
from taxation so long as your Petitioner is operated not for profit and the property so exempt is
used for the particular purposes of providing pro bono legal services to citizens of Roanoke.
Respectfully submitting this J..!!:'day of October, 2008.
By:
~~-~
Esther H. Vassar, President
3
COMMISSIONER OF THE REVENUE
CITY OF ROANOKE
SHERMAN A. HOLLAND
Commissioner
GREGORY S. EMERSON
Chief Deputy
September 2,2008
~
~ ..$".. r
Ms. Esther H. Vassar, President
The Oliver White Hill Foundation
700 East Franklin Street, Suite 806
P.O. Box 2246
Richmond, VA 23218
.....
~'
Re: Property located at 401 Gilmer Ave NW
Tax Map No. 2011424
Dear Ms. Vassar:
The above parcel is currently being taxed by the City of Roanoke for real estate taxes for
the 2008-09 tax year.
To be considered for tax exempt status a petition must be filed with Roanoke City
Council.
Please contact our office if we can be of further assistance or if you have any questions.
Sincerely,
-~~
Sherman A. Holland
Commissioner of the Revenue
cc: Stephanie Moon, City Clerk
SAH/jec
.,t.
215 Church Avenue SW, Room 251 * Roanoke, Virginia 24011
Phone (540) 853-2521 * Fax (540) 853-1115 * www.roanokegov.com
.- .
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--.
INTERNAL REVENUE SERVICE
P. 0,. BOX 2508
CINCINNATI, OH 45201
DEPARTMENT OF THE TREASURY
THE OLIVER WHITE HILL FOUNDATION
r
C/O HENRY L MARSH III
600 E. BROAD STREET SUITE 402
. ,
RICHMOND, VA 23219'
Employer -Identification Number:
S4-20105~6
\
DLN: '
\
17053047,001021
\ "
contact Person:
MACK CALHOUN ID# 52666
cont~ct Telephone Number:
-(877) 829-5500
ACcoWlting Period Ending:
I '.
June 30
A4dendumApplies:
No
Date :)UN 1 2 2001
Dear Applicant:
Based on information~ou supplied, and~assuming your operations will be as
, ~
.st~ted in your application for'l;~cognition'of, exempt;ion, we have determined you
are exempt from federal inco~.- tax under section 501 (a) of the Internal Revenue
Code as~an organiz:tion described in secti~ 501.(C) (3). We also determined
that you are a pr\vate foundation within the~mean~~g Q~' section 509(a) of the
Code. .
Based on t.pe informati'on you submitted~witl:!; your application, we have
determined that you are likely to ~alif~ as a privat~ operating foundation
described in section 4942(jJ (3) of~the Code. Accordingly, you are treated as a
private operating fOWldation for your."., first -year. After' that, you will be
treated a~ a private operati~g foundation as long as you~continue to meet the
requirements of section 4942 (j)-t.t3J .
This ruling satisfies~the good faith dete~mination requirement of section
53.4942(b)~3(b) (~)of the Exc~se Tax~Regulatio~.
If you change your sources of support~your p~oses, cha~~ter, or method
of operation, please let us know so we c<p1 consider the effect of the change on
your exempt 'status and fof\ndation status" If you amend )four org~izational
document or bylaws, please ~end us a .&oPY 'Of the amended document or bylaws.
Also, let us know any changes in your name or addr~ss.
As of January 1, 1984, you are \iable for social security taxes Wlder the
Federal Insurance Contributions Act on amoWlts of $100 or more you pay to each
of you\: employees during a calendar year. You are not liable for the tax
imposed Wlder the Federal up.,emplQyment T'ax -,Act (FUTA). However~ srnce you are
a private fOWldation, you are sUbject to exci>se taxes under Chapter 42 of the
Code. You also may"be subject to other teder~l excise taxes. If you have any
questions about exc~se, employment, or other Federal .t~es, plea~e let us know.
~nor~ may d~ct contributions to you as provided in section 170 of the
code. Bequests, legaci'es, devises, transfers, or gifts to you or for your use
are 4ed'l),ctible fO~ federal estate~and gift taxpu~oses if they meet the
apglicable proviEi~ons' of secti:ons 20~5, 2106,~, and 2522 of the Code.
Letter 1075 (DO/CG)
-2-
THE OLIVER WHITE HILL FOUNDATION
Donors may deduct contributions only to the extent their contributions are
gifts, with no consideration received. Ticket purchases and similar payments
in cqnjunction with fundraising events may not necessarily qualify as deduct-
ible contributions, depending on the circumstances. See Publication 1.391,
which sets forth guidelines on when payments made by taxpayers for admission
to, or other participation in fundraising activities for charity are deductible
as charitable contributions.
You are required to file Form 990-PF, Return of Private Foundation or
section 4947 (a) (1) Trust Treated as a Private Foundation. Form 990-PF must be
filed by the 15th day of the fifth month after the end of your annual account-
ing period. A penalty of $20 a day is charged when a return is filed late,
unless there is reasonable cause for the delay. However, the maximum penalty
charged cannot exceed $10,000 or 5 percent of your gross receipts for the year,
whichever is less. For organizations with gross receipts exceeding $1,000,000
in any year, the penalty is $1.00 per day per return unless there is reasonable
cause for the delay. The maximum,penalty for an organization with gross.
receipts exceeding $1,000,000 shall not exceed $50,000. This penalty may
also be charged if a return is not complete, so please be sure your return
is complete before you file it.
You are not required to file federal income tax returns unless you.are
subject to the tax on unrelated business income under section 51.1 of the Code.
If you are subject to this tax, you must file an income tax return on Form
990-T, Exempt organization Business Income Tax Return. In this letter we
are not determining whether any of your preserit or proposed activities are
unrelated trade or business as defined in section 513 of the Code.
You are required to make certain returns available for public inspection
for three years after the later of the due date of the return or the date the
return is filed. The returns required to be made available for public
inspection are Form 990-PF, Return of Private Foundation or Section 4947(a) (1)
Nonexempt Charitable Trust Treated as a Private Foundation, and Form 4720,
Return of Certain Excise Taxes on Charities and Other Persons Under Chapters 41
and 42 of the Internal Revenue Code. You are also required to make available
for public inspection your exemption appiication, any supporting documents, and
your exemption letter. Copies of these documents must be provided to any
individual upon written or 'in person request without charge other than
reasonable fees for copying and postage. You may fulfill this requirement by
placing these documents on the Internet. Penalties may be imposed for failure
to comply with these requirements. Additional information is available in
publication 557, Tax-Exempt Status for Your organization, or you may call our
toll free number shown above.
You need an employer identification number even if you have no employees.
If you did not enter an employer identification number on your application, we
will assign a number to you and let you know. please use that number on all
returns you file and in all correspondence with the Internal Revenue Service.
If we have indicated in the heading of this letter that an addendum
Letter 1075 (DO/CG)
.
." .
'.
-"
-3-
THE OLIVER WHITE HILL FOUNDATION
applies, the addendum enclosed is an integral part of this letter.
Because this letter could help resolve any questions about your exempt
status and private foundation status, you should keep it for your records.
We have sent a copy of this letter to your representative as indicated
in your power of attorney.
If you have any questions, please contact the person whose name and
telephone number are shown in the heading of this letter.
Sincerely yours,
S ~(Jl/tdJfk<-
Steven T. Miller
Director, Exempt Organizations
"
Letter 1075 (DO/CG)
,'"
INTERNAL REVENUE SERVICE
P. O. BOX 2508
CINCINNATI, OH 45201
DEPARTMENT OF
THE~URY
\,
Date: JUN 1 3 2008
Employer Identification Number:
54-2010598
DLN:
208115018
'Contact Person:
CARLY D YOUNG ID# 31494
Contact Telephone Number:
(877) 829-5500
, ,
THE OLIVER WHITE. HI~L FOUNDATION
C/O CLARENCE M. DUNNAVILLE JR
700 E FRANKLIN ST STE 806
RICHMOND, VA 23218
60 Month Period Ends:
June 30, 2013
Addendum Applies:
No
Dear Applicant:
We have received your notification of intent to terminate your private
foundation status Uh,der sectionS07(b) (1) (B) of the Internal Revenue Code du.r-
ing a 60 month peri9d beginning July 1, 2008.
The information submitted indicates that you intend to operate as an or-
ganization described in sections 509(a) (1) and 170(b) (i) (A) (vi) of the Code
during the 60 month period.
, ,
Based on your proposed activities and support, it is held that you can
reasonably be expected to terminate your private foundation status under sec-
tion 507(b) (1) (B) of the Code. Accordingly, you will be treated as a public
charity described in sections S09(a) (i) and 170(b) (1) (A) (vi) of the Code for an
advance rulin~ period of 60 months, beginning July 1, 2008.
Within 90 days after the end of y<:mr 60 month period, you must establish
to the satisfaction'ofthE='Internal,RevenueSerVice~thatyou'hav~'qua,l;i.fied,as
anorgani~ati(m. which meets the reqUirements of paragraph (1), (2), or' (3) of
sectio~5o.9 (Cl) of the Code for the 60 monthI?eriod. .If you do establish that
fact; yb\i willpesc)' classified for alrHpurposes beginning with t;he first day'
of the'first taXable year of the 60 month period and~ thereafter, so long as
you c6ritinueto. mee~.the reqU~rements of section 509 (a) (1), (2), or (3). If,'
however, you do not meet these requirements for the 60 month period, you will
'be classified as a private foundation as of the first day of the first taxable
year ~f the 60 month period.
If you satisfy .therequirements of section S07(b) (1) (B) of the Code at the
end of your 60, month period, you will not be subject to the provisions of
section 507 (a), (c) ,or. (g) of the Code. '., .'
Grantors and donors may rely on the determination that you are'not a pri-
vatefoundation unt~r 90 days after the end of your : advance ruling period. If
you subinitthe requ~red information within the 90 d~ys, grantors and contri-
butors maycontiriue;to rely on the advance determination until the Service
makes. a final deterrrjinationof your foundation status.
Letter 2245 (DO/CG)
f. "
. ",.-
.. .
,
-2-
THE OLIVER WHITE HILL FOUNDATION
'.
You are required to file Form 990-PF, Return of Private Foundation or
Section 4947(a) (1) Trust Treated as a Private Foundation, until you complete
your 60 month termination and are classified as a section 509(a) (1) organi-
zation. Form 990-PF must be filed by the 15th day of the fifth month after the
end of your annual accounting period. The law imposes a penalty of. $20 a day,
up to a maximum of $10,000 or 5 percent of your gross receipts (whichever is
less), for failure to file a return ori time unless there is reasonable cause
for the delay. For organizations with gross receipts exceeding $1,000,000
in any year, the pena~ty is $100 per day per return, unless there is
reasonable cause for the delay. The maximum penalty for an organization
with gross receipts exceeding $1,000,000 shall not exceed $50,000. This
penalty may also be charged if a return is not complete, so please be sure
your return is complete before you file it.
If you do not pay the tax imposed by section 4940 of the Code for any
taxable year or years during the 60 month period, and it is subsequently
determined that such tax is due for such year or years, you will, be liable for
interest in accordance with section 6601 of the Code. Since any failure to
pay such taxes during the 60 month period is due to reasonable cause, the
penalty under section 6651 with respect to the tax imposed by section 4940
shall not apply. ~
If the heading of this letter indicate that an addendum applies, the
addendum enclosed is an in~egral part of this letter.
Because this letter. could help resolve any questions about YOur exempt
status and foundation status, you should keep it in your permanent records.
If you !:lave any questions, please contact the person whose name and
telephone number are shown in the heading of this letter.
Sincerely yours,
~
Robert Choi
Director, Exempt Organizations
Rulings and Agreements
Enclosure(s) :
Form 872
Letter 2245 (DO/CG)
COMMISSIONER OF THE REVENUE
CITY OF ROANOKE
SHERMAN A. HOLLAND
Commissioner
GREGORY S. EMERSON
Chief J)epllt~'
September 2, 2008
Ms. Esther H. Vassar, President
The Oliver White Hill Foundation
700 East Franklin Street, Suite 806
P.O. Box 2246
Richmond, VA 23218
Re: Property located at 401 Gilmer Ave NW
Tax Map No. 2011424
Dear Ms. Vassar:
The above parcel is currently being taxed by the City of Roanoke for real estate taxes for
the 2008-09 tax year.
To be considered for tax exempt status a petition must be filed with Roanoke City
Council.
Please contact our office if we can be of further assistance or if you have any questions.
Sincerely,
--~~
Sherman A. Holland
Commissioner of the Revenue
cc: Stephanie Moon, City Clerk
SAH/jec
215 Church Avenue SW, Room 251 * Roanoke, Virginia 240 II
Phone (540) 853-2521 * Fax (540) 853-1115 * www.roallokegov.colll
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"The Roanoke Times
Rqanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
JAMES W. MORRIS, III, ATTORNEY
P. O. BOX 30
RICHMOND VA 23218
PUBLISHED ON:
11/07
"""""" .
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"1/11.11"
r-----.,--- - ~----I
NOTICE OF PUBLIC
HEARING
Notice is hereby given that
"the City Council 'of the City of
Roanoke will hold a public
'hearing at its regular
meeting to be held on
'November 17., 2,008,
I commencing at 7:00p.m., in ,
i the Council. Chambers, 4th I
IFloor, Noel C, Taylor
I Municipal8uilding, .215,
:Church Avenue', S,W."
Roanoke, Virginia on the'
: question of adoption of an
ordinance pursuant to
'~58.1.3651, Code of Virginia
,( ~ 950), as a m en d ed,
lappr,oving the, request of
,Oliver White Hill Foundation,
Ifor designation of its real
Iproperty, identified as
Official Tax No, 2011424 i
and located at 401 Gilmer'
Avenue, N,W., to bel
lexempted from real estate
'taxation.. ' '
)1 The total assessed value of
the applicant's real estate'.
,for which tax exemption 'is'
being sought, for tax yearj
2008/2009 is $49,100, with,
a total real estate taxi
assessment of $584 for the I
2008/20()~ tax year.. Thel
loss of revenue will be
$467.00 annually after a
20% service charge is levied
in lieu of real estate taxes,
(Citizens shall' have the
oPPo. rtunityto be heard arid
eXPress their opinions on
this matter, ,,!
If you are a'person with a
'disability who needs
laccommodations for this.
jPUb!iC hearing, conta.ct the
C i t y, C I e r k 's 0 If ice,
1853.2541, by 12:00 noon on
IThursday, November 13;
j2008.
, GIVEN under my hand this
14th day of November, 2.008.
, ,Stephanie M. Moon,'
I ' , " City Clerk,
(11168701) ':'
REFERENCE: 80165487
11168701
NPH-Oliver White Hil
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roapoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vi~inia. Sworn and subscribed before me this
__~L~_day of Nov 2008. Witness my hand and
official seal.
'\:2 '~
,,, ' : ~ C'. _ .y" Notar Public
____)~D~-~~~~-_ ----- l~ Y L iL
My commlSSlon ~lH~~_______....t-lL":'~ -:. _'
:J
TOTAL COST:
FILED ON:
193.44
11/07/08
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
Authorized~, 0-
Signature':~t~_
'-.
'lling Services Representative
. ! L..~ 7 . .
~~
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council ofthe City of Roanoke will hold a public hearing
at its regular meeting to be held on November 17, 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 on the question of adoption of an ordinance pursuant to S58.l-365l, Code of Virginia
(1950), as amended, approving the request of Oliver White Hill Foundation, for designation of its
real property, identified as Official Tax No. 2011424 and located at 401 Gilmer Avenue, N.W., to be
exempted from real estate taxation.
The total assessed value of the applicant's real estate for which tax exemption is being
sought, for tax year 200812009 is $49,100, with a total real estate tax assessment of $584 for the
200812009 tax year. The loss of revenue will be $467.00 annually after a 20% service charge is
levied in lieu of real estate taxes.
Citizens shall have the opportunity to be heard and express their opinions on this matter.
If you are a person with a disability who needs accommodations for this public hearing,
contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, November 13, 2008.
GIVEN under my hand this 4th day of November
,2008.
Stephanie M. Moon, City Clerk.
KIMEASURESITAX EXEMPT PH NOTICE OLIVER WHITE HILL FOUNDATION LAND 1\ 08,DOC
Notice to Publisher:
Publish in the Roanoke Times on Friday, November 7, 2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
James W. Morris, III, Attorney
P. O. Box 30
Richmond, Virginia 23218-0030
(804) 344-6301
Fax (804) 344-8359
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
November 18, 2008
CECELIA T. WEBB
Assistant Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38291-111708 amending Section 24-24,
General responsibilities of the director of civic facilities, Section 24-25, Fidelity
bonds for certain personnel, Section 24-26, Rates for use and terms, Section
24-27, Special revolving bank checking account for receipts, Section 24-28,
Refund of receipts from advance ticket sales, Section 24-29, Authority of
, director. assistant director and box office manager to cash checks, Section 24-
30, Record of and settlement of accounts for rental events, Section 24-31, City-
sponsored events, Division I, Generally, and Section 24-48, Function, of
Division II, Civic Center Commission, of Article II, Civic Center, of Chapter 24,
Public Buildings and Property Generally, Code of the City of Roanoke (1979) as
amended, to effect certain changes to the City Code to reflect that the Civic
Center management is being contracted out, effective january 1, 2009.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, November 17, 2008, and is in
full force and effect upon its passage.
Sincerely,
~fh. tdJ56'r0
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Attachment
Darlene L. Burcham
November 18, 2008
Page 2
pc: Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316
Paul Anderson, Chair, Roanoke Civic Center Commission
1335 Ivy Street, S. E., Roanoke, Virginia 24014
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, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
james Grigsby, Assistant City Manager for Operations
Robyn Schon, Acting Director, Civic Facilities
Sheila N. Hartman, CMC, Deputy City Clerk
Cecelia R. Tyree, Assistant Deputy City Clerk
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of November, 2008.
No. 38291-111708.
K:\Measures\Code Amendment Chapter 24 Civic Center Management 2008.doc
DIVISION 1. GENERALLY
* * *
S'ec. 24-24. General responsibilities of dil'€Jet0T.-,ef.--ei"Vie-..-fuffilli:i.esgeneral
manager of the civic r;.enter.
Subject to the supervision and control of the city manager, the director of civic
faeilit-ioo The general manager of the civic center shall be responsible for the
operation and administration of all of the functions of the civic center. The
directorgeneral 1~1anager shall be responsible for the collection of all rents,
fees, charges, receipts, revenues and other funds accruing to the city from the
operation of the civic center, and for payment and report, thereof to the city
treasurer and to the director of finance as and in the manner provided in section
24-27.
Sec. 24-25. F.<fd.eli+v bBonds for certain personnel.
The director of Ci'lic facilitiesgeneral manager of the civic center, the assistant
dii'eetel'-ef-eivie--faeilffi:esgeneral manager of the civic center, the box office
manager and the head box office cashier shall provide, and shall keep in effect
at all times in the office of the city clerk, fidelity bonds, employee dishonesty
bonds, written by a surety company authorized to do business in the state and
approved as a surety by the director of finance, payable to the city in penalties
of not less than two hundred fifty thousand dollars ($250,000.00) each,
conditioned upon faithful performance of their respective duties under this
article and faithful accounting for all funds coming into their hands under this
article, the form of such bonds to be approved by the city attorney.
Sec. 24-26. Rates for use and terms.
(a) The eity-u'Hllragergeneral manager shall establish from time to time a
current schedule of fees, rentals, rates, charges, and terms to be required for use
of the civic center and, subject to such limits and guidelines as the city manager
may impose, authorize the director of civic fucilitics to may vary the fees,
rentals, rates, charges, and terms in certain instances for events at the civic
center, including, without limitation, concerts, plays, sporting events, circuses
or ice shows, subject to the city Inanager's approval.
(b) The direeter of civie fucilttiesgeneral manager of the civic center may
negotiate and execute contracts, and licenses, er-leases-for the use of the civic
center for single-date or multiple-date events, with the approval of the city
manager or his or her designee, that occur during any period of time of less
than twelve (12) months. Furthermore, tlre-diree1:ef-,ef:.eivie-faeilitiesthe general
manager of the civic center may negotiate and execute contracts, and licenses,
or loases for the use of the civic center for multiple-date events, with the
concurrence of the city manager or the city manager's designee, that occur over
a time period of twelve (12) months or more, but less than sixty (60) months.
K:\Measures\Code Amendment Chapter 24 Civic Center Management 2008.doc
(€-)-A..e-ash-depe-sit'..er-eefti4-ieti-.cheek-equa14e-e-H€-half-(-1H)-ef-fu.€-Feut-sl1-all
be deposited 'with the city six (6) months in advance of the e',"ent or with the
retum of the contract, whichever is later. The balance of the rent shall be paid
Bpoo-c-e-H'lpletitH't-ef-the-e-veE:t-H:nless-ethet"\vis-e--ag::reed7-ltt-t.fle-e-ase-ef-a-plli:llie
ti€,lfet-s.a.1e--\viwr-e--ffi:E)f}ies-fr-€H'H.--t.:ic-*et--&1-le-s-eJ1--tlepBSi-t-iH.--the-e-i.:v+e-ee-ftte~
office '<'{QuId equal or exceed the balill1ce of the rent, this requirement may be
v;mved by the director of civic facilities. In negotiating contracts for use of the
eiv-ie-c-eHteF;-t.fle-director 0 f .ewie-..f.:wilities-may,wit.fl:-tb:e-wr#tell-ap1*~val-e-f.t.h:e
city manager-and for f,JBOO-€a$e-appearing-tB-tfle city man~e, waive
or enlarse ill1)' of the requirements set forth in this subparagraph.
(c)(-tl1 Civic, religious and charitable organizations, the incomes of which
are exempt from taxation under the United States Internal Revenue Code, may
apply to the civic center city manager for a civic rate, as established by council,
to conduct a nonprofit activity at the civic center, where the proceeds do not
accrue to the benefit of an individual, business or commercial entity. The
director of civic facilitiosciry Inanager may authorize the use of a civic rate.
S ec. 24-27. Special l'ev-e-wiftg--Bank-c...fleclaflg-aeeffiU'if'-{Bf--feeei:p-tcs checking
accQUlzts kl[J}l2!lrat.i!1g_~~..f.mses ()jul tl1fl.Jl?p2sitJ2i/'_ec(}jp.ls.
(a) All cash, including all payments made by check, received from the
operation of the civic center, except concession commission receipts and ticket
sale revenue" shall be caused to be deposited by the ffireete-r-ef...e.fv.:ie-facttit-ies
general manager of the civic center, intact, on the banking day following the
date of receipt, in a special revolving bank checkinginterest bearing operating
expense checking account maintained in the name of the Gity-ef..R-e-aflB-l~e-Gi-v-ie
Geflt-et:company that is operating and managing the civic center in such bank in
the city as is designated in writing by the director of finance. All ticket sale
revenue shall be deposited in a separate interest bearing event checking
account maintained in the name of the company that is operating and
managing the civic center.
(b) Withdrawals from the bonk checking operating expense checking account
or event checking account provided for in this section shall be made by check
.signed by any two (2) of the following: The ffir-eet~F-ef'-€-ivic-f.:acilitiesgeneral
manager of the 'civic center, the assistant director of civic faci.Iiticsgeneral
manager of the civic center, the box office manager or the head box office
cashier. Every withdrawal from sHeheither account shall be supported by
written authorization from the friJ'OC-ffi:f-ef.e-i:vie-fae.ili:t-iesgeneral nzanager C?f the
civic center or the assistant director of ci'y'ic facilitiosgeneral manager of the
civic center, on which authorization is clearly stated the purpose of the
withdrawal. N'B--'Witfl.timwal-sl1a.Jl-be-mae.e-E.:effi-stt€l~-fur the payment
~eflSes-4~-ffireet-empleY~l-eH?f!')ple-yee&;
Withdrawal from such account shall only be made for one (1) or more of the
following purposes:
K:\Measures\Code Amendment Chapter 24 Civic Center Management 2008.doc
(1) Expenses for a lesseelicensee under the applicable permit agreement.
(2) Admissions tuxes receiyed from ticlcet sales.
(3) Ticket sales proceeds to the lessee, net of rent and expenses.
(4t--R:em-a1-revel3:l:le-j)ayabl-e4&-tbe--Gi-ty-treasure'l'-;
(-51(2) Deposit of excess cash over and above operating requirements in a
qualified public depository under the general law of the commonwealth.
f:67(3) , Payment of parking lot operational expenses.
(4) To pay for other expenses not listed above that are operating and
management expenses of the civic center, including but not limited to payroll,
marketing expenses, cQst ofsupplies, printing, equipment rental, etc.
Withdrawalsfrom the event checking account shall only be made to pay
(I) Thepromoter of an event at settlement
(2) Admissions taxes receivedfrom ticket sales
(3) Ticket sales proceeds to the licensee, net of rent and expenses. '
(4) Rental revenue payable to the city treasurer.
(5) Other event-related expense
Sec. 24-28. Refund of receipts from advance ticket sales.
(a) Notwithstanding any other provision of this article to the contrary,
whenever it may appear, in the judgment of the director of ci'v'ic
fae-i:H:tK."Sgeneral manager of the civic center or assistant -dift.."'€tef-,ef,-eWte
f:affii:ttesgeneral manager of the civic center, to be necessary and in the best
interests of the city, for the protection of public property from probable
imminent danger, immediate cash refunds, from advance ticket sales receipts in
the c-ity%hands-receipt of the city, may be made to the holders of such tickets,
upon certification in writing of the facts making such immediate refund
necessary being made by the director of ci'v'ic facilitiesgeneral manager of the
civic center or assistant director of ci';ic fucilitiesgeneral manager of the civic
center to the city manager. Such refunds shall be accomplished by withdrawal
of funds on hand or on deposit in the ~ee€H:lf1tevent checking account
provided for in section 24-27 by check signed by two (2) of the following: The
director of civic facilitiesgeneral manager of the civic center, the assistant
direetei:....ef.eivi-c-faeiltties-general manager of the civic center or the box office
manager. Such check shall be drawn payable to the order of the dH'eC-ffir-ef
civic facilities or the director's designated assistant, general manager of the
civic center or the assistant general manager of the civic center both of whom
shall be under bond, with corporate surety, which bond, in all instances, must
be equal to or in excess of the face amount of any such check.
(b). In the event of any refund pursuant to this section, the director of civic
:fuei.l.it-h.,'>Sgeneral manager of the civic center shall make adequate provision for
the protection of cash funds from the time of their withdrawal until their
disbursement or return to the special event checking account provided for in
section 24-27, and the dircctorgeneral manager of the civic center shall make
full and adequate report and accounting of the use of such funds and of tickets
K:\Measures\Code Amendment Chapter 24 Civic Center Management 2008.doc
refunded upon such form of report as may be prescribed by the director of
finance. .
Sec. 24-29. Authority of director, assistunt directorthe general manager of the
civic center and assistant general manger of the civic centeran4-be1f-9ffioo
t1'l-aB~ to cash checks.
Notwithstanding any other provision of this Code to the contrary, the director
ef-€i.\zie-faeilit+esgeneral manager of the civic center, assistant directorgeneral
manager of the civic center ~ffice maHug6-f.-shall be authorized to cash
checks on which the e#y-the general manager of the civic center's company is
the payor and a person with whom the city has a written agreement for the
purpose of presenting a show, play, concert, exhibition, performance, sports
event or other entertainment at the civic center is the payee, when so requested
by the payee during such hours as the banks of the city are not open for the
conduct of business with the general public.
Sec. 24-30. Record of and settlement of accounts for rental events.
(a) A separate record for each rental event held at the civic center shall be
maintained by the 4i1'€clel'-ef-eiv-ie-faeiltiiesgeneral manager of the civic center,
on which shall be shown each cash receipt, each cash disbursement and the net
balance attributable to such event. The total of the net balances of all such
records shall, at all times, equal the cash in the ooflk--aeeetmt-event checking
account referred to in section 24-27.
(b) After the use of the civic center for an event, all outstanding items from
such event, other than city-sponsored events, shall be settled as expeditiously as
possible under the circumstances of that event; and the net rental proceeds shall .
be remitted, by check drawn on the event checking account referred to in
section 24-27, to the city treasurer in accordance with the procedures
established by section 2-172 of this Code and as provided in section 24-27(b)
of this article.
Sec. 24-31. City-sponsored events.
(a) For the purpose of furthering the best interests of the public and to lead to
greater use of the civic center facilities, the diroctor of civic faciIitiesgeneral
manager of the civic center, with the written approval of the city manager given
in each instance, is hereby authorized to arrange for or engage shows, plays,
exhibitions, performances and other entertainments from which the city may
derive income and, in so doing, expend such city funds as are appropriated for
the purpose of promoting such activities and bringing notice to the public of
such activities; and the etl:eete-Fgeneral manager of the civic center may, with
the written approval of the city manager, enter into written agreements on
behalf of the city engaging persons or firms to bring entertainment to such
facilities, and may cause to be paid to such persons, in advance or out of
proceeds to be derived from such engagement, . public funds expressly
K:\Measures\Code Amendment Chapter 24 Civic Center Management 2008.doc
appropriated for that purpose; and the a1'feBffirgeneral manager of the Civic
center may, with the city manager's written approval, guarantee to such persons
minimum sums to be payable by thee#ygeneral manager of the civic center to
such persons for future performances; provided, however, that at no time shall
the aggregate amount of all such outstanding guarantees, advance payments
and other monetary obligations be more than such sum as has been fixed by the
council.
(b) For all events sponsored by the city, the eity-n1:aB:ag'€f-general manager of
the civic center shall fix admission charges sul?iect to the approval of the cit.v
manager.
* * *
DIVISION 2: CIVIC CENTER COMMISION
* * *
Sec. 24-48. Function.
(a) The commission shall serve in an advisory capacity for the Civic Center
and, to that end, is hereby delegated and shall operate in the following manner:
(1) Within funds provided by appropriation, to recommend promotional
methods to diversify or increase events at the Civic Center Coliseum,
Performing Arts Theatre, and Special Events Center.
(2) Recommend to the city manu:;ergeneral manager of the civic center
appropriate rates for fees, rentals, rates, and terms for the use of, the civic
center, and for necessary changes thereto.
(3) Advise on matters relating to the parking of vehicles, transportation and
traffic control at the Civic Center.
(4) Advise and report on the c-tt:y~sgeneral manager of the civic center's intent
to award long-term contracts or agreements for naming rights, sports teams,
tenants, or any multi-year commitments providing for (catering and product
sales concessions) at the Civic Center, subject to the city manager's approval,
such decision to be reported to the city council for implementation, if required;
provided, however, that the rights of no party to any outstanding or existing
contract or agreement heretofore executed shall be abridged or impaired.
(5) Advise and report matters of policy with reference to ticket sales.
(6) Serve as ambassador and representative within the community and assist
in promotion of upcoming events and special activities.
(7) Advise on, the acquisition of capital needs of the Civic Center in order for
the Civic Center to remain competitive.
(b) Matters not hereinabove specifically delegated to the commission shall
remain with the Civic Ccnter directorgeneral manager of the civic center,
. city councilor the city manager, as the case may be.
K:\Measures\Code Amendment Chapter 24 Civic Center Management 2008.doc
2. Providing for an effective date of January 1,2009.
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:
~Yn.on&UYv
. City CleJ:k. l
K:\Measures\Code Amendment Chapter 24 Civic Center Management 2008.doc
~
"
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
STEPHANIE M. MOON, CMC yroanokeva.gov
City Clerk
SHEILA N, HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
November 18, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38292-111708 authorizing the City
Manager to enter into a management and lease agreement with Global
Spectrum, LP, for a term of five years, in connectLon with Global Spectrum's
proposed management of the Roanoke Civic Center.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, November 17, 2008, and is in
full force and effect upon its passage.
Sincerely,
~/r). ~f)~
Stephanie M. Moon, CMC
City Clerk
S M M: ew
Attachment
pc: Paul Anderson, Chair, Roanoke Civic Center Commission
1335 Ivy Street, S. E., Roanoke, Virginia 24014
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
james Grigsby, Assistant City Manager for Operations
Robyn Schon, Acting Director, Civic Facilities
->
If)1C
IN THE COUNCIL OF THE CITYOF ROANOKE, VIRGINIA
The 17th day of November, 2008.
No. 38292-11170&.
AN ORDINANCE authorizing the City Manager to enter into a management and
lease agreement with Global Spectrum, LP, for a term of five years, in connection with
Global Spectrum's proposed management of the Roanoke Civic Center; and dispensing
with the second reading of this ordinance by title.
WHEREAS, a public hearing was held November 17, 2008, by this Council
pursuant to Sections 58.1-1800 and 1813 of the Code of Virginia (1950) as amended, to
consider this matter.
THEREFORE, BE' IT ORDAINED by the Council of the City of Roanoke as
follows:
1. The City Manager is hereby 'authorized to enter into a management and
lease agreement with Global Spectrum, LP, in connection with Global Spectrum, LP's,
management of the Roanoke Civic Center, for a term of five years, such term to
commence on January 1, 2009. The agreement shall include the lease of 7,484 square
feet of City- owned property, to be used as office space, at the Roanoke Civic Center,
located at 710 Williamson Road, and designated as Official Tax Map No. 3024004, as
further stated in the City Manager's letter, and its attachment, to this Council dated
November 17, 2008.
2. The management and lease agreement shall be substantially similar in
form to the proposed agreement attached to the City Manager's November 17, 2008,
letter to this Council and shall be approved as to form by the City Attorney.
K:\Measures\Global Spectrum Management Agreement 2008.doc
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:
~hI, ~Oyv
. City Clerk.
K:\Measures\Global Spectrum Management Agreement 2008,doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva.gov
November 17, 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: Global Spectrum Management
Contract with Roanoke Civic
Center
Background:
In January of 2008, the City received notice that the Director of the Civic Center
would be retiring effective June 1, 2008. Immediately a nationwide search was
conducted for a new Director. The search was unsuccessful in finding a suitable
director with public and private sector experience. A decision was then made to
seek private management through the Request for Proposal (RFP) process.
A selection committee representing members of the Civic Center Commission,
Civic Center Administration, Department of Management and Budget, Purchasing
and the City Manager's Office was established to review and select two
companies as finalists with which to enter into negotiations.
On-site interviews were conducted with three firms in August with the selection
committee recommending two firms as finalists. After a second on-site
interview/negotiation with both finalists, Global Spectrum was the unanimous
choice of the committee. The Department of Management and Budget
conducted side-by-side comparisons of each company's proforma and
determined that Global Spectrum was the most advantageous monetarily for the
City, supporting the committee's selection.
Given that Global Spectrum was the committee's choice and the best value for
the City, final negotiations were initiated with Global Spectrum for a five year
management contract for the Roanoke Civic Center. The attached proposed
contract is a result of those negotiations.
Honorable Mayor and Members of City Council
November 17, 2008
Page 2
Considerations:
The Civic Center budget operates as an enterprise fund, a fund type to account
for business type activities similar to those in the private sector, including
services primarily funded through user charges.
When revenue falls below the cash expenses associated with the activity, the
City's General Fund subsidizes the enterprise fund by the needed amount. In
the case of the Roanoke Civic Center, the operating subsidy for FY 07-08 had
grown to over $1.64 million. This is in addition to a $1.1 million subsidy to
cover debt serVice for the Special Events Center.
A preferred option to reduce the City's operating subsidy to the Civic Center is
to contract management of the facility to a company that specializes in
operating such facilities. A management company can operate the facility much
like a private business, bringing more and different types of entertainment and
industrial shows to the Civic Center and promoting sports events beyond the
City's capability in a more efficient and effective manner, thus reducing the
City's operating subsidy.
The City Code needs to be amended in certain respects to permit the contracting
of management services for the Civic Center. (An ordinance is attached for your
consideration).
Recommended Action:
Authorize the City Manager to execute a five year contract and lease agreement
with Global Spectrum, LP for the management and operation of the Roanoke
Civic Center; such agreement to be approved as to form by the City Attorney.
Adopt the attached ordinance amending the City Code to reflect that the Civic
Center management is being contracted out.
Respectfully submitted,
Darlene L. Bur
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
James Grigsby, Assistant City Manager for Operations
CM08-00 1 79
~
ROANOKE
MANAGEMENT AGREEMENT
between
. THE CITY OF ROANOKE, VIRGINIA
and
GLOBAL SPECTRUM, L.P.
November 12, 2008
TABLE OF CONTENTS
Page
RECITALS ............................................ .... ......................... .................................... ..... 1
ARTICLE 1 - DEFINITIONS....................................................................................... 1
Section 1.1 Defin itions ........:....................................................................... ........ . ........ 1
ARTICLE 2 - SCOPE OF SERViCES......................................................................... 6
Section 2.1 Enqaqement .................................................................................... ..'...... 6
Section 2.2 Limitations on Contractor's Duties ............................................................ 6
ARTICLE 3 - COMPENSATION ....... ..... ...... ............ ...................... ..................... ........ 6
Section 3.1 Fixed Manaqement Fee....... .............. ....................................................... 6
Section 3.2 Incentive Fee..................................................................... .............. ......... 7
ARTICLE 4 - TERM; TERMINATION ......................................................................... 9
Section 4.1 Term...... ......................................................... ......... ................................. 9
Section 4.2 Termination.............. ........ ......... ........... ........ .................... ...... n................. 9
Section 4.3 Effect of Termination ................................................................................ 10
ARTICLE 5 - OWNERSHIP; USE OF THE FACILITY ............................................... 10
Section 5.1 Ownership of Facility. Data, Equipment and Materials ............................. 10
Section 5.2 Riqht of Use bv Contractor ....................................................................... 11
Section 5.3 Obse/Vance of Aareements............ .................... ..... ....................... .......... 11
Section 5.4 Use bv the City ......................................................................................... 11
ARTICLE 6 - PERSONNEL........ ........... ............. .................................... ... ................. 11
Section 6.1 Generally.... .............. ............ ....~.. ............. ............. ........ ............................ 11
Section 6.2 General Contractor................................................................................... 12
Section 6.3 Transition of Existinq Employees....................................................,......... 12
Section 6.4 Non-Solicitaiton/Non-Hiring.................. ...... ...... ........................ .... ...12
ARTICLE 7 - OPERATING BUDGET ................................ ..... ......... .... ............. .......... 13
Section 7.1 Establishment of Operatina Budoet.......................................................... 13
Section 7.2 Approval of Operatinq Budqet .................................................................. 13
Section 7.3 Adherence to Operatino Budoet ............................................................... 13
ARTICLE 8 - PROCEDURE FOR HANDLING INCOME............................................ 14
Section 8.1 Event Account .......................................................................................... 14
Section 8.2 Operatinq Account........................;....................... ...............:.................... 14
ARTICLE 9 - FUNDING.............................................................................................. 14
Section 9.1 Source of Funding ....................................................................... ............. 14
Section 9.2 Advancement of Funds............................................................................. 15
ARTICLE 10 - FISCAL RESPONSIBILITY; REPORTING ......................................... 15
Section 10.1 Records.................................................................................... .....,........ .15
Section 10.2 Monthlv Financial Reports........................... ...;..................... .................. 15
Section 10.3 Quarterlv Reports....... .........................................................:............ ...... 15
Section 10.4 Audit ............................ ..;.. ........................................................ .............. 15
ARTICLE 11 -'CAPITAL IMPROVEMENTS ............................................................... 16
Section 11.1 Schedule of Capital Expenditures........................................................... 16
Section 11.2 Responsibilitv for Capita) Expenditures .................................................. 16
ARTICLE 12 - FACILITY CONTRACTS; TRANSACTIONS WITH AFFILIATES ....... 16
Section 12.1 Existing Contracts ..................................................................... .............. 16
Section 12.2 Execution of Contracts ........................................................................... 16
Section 12.3 Transactions with Affiliates .....................................................................' 17
ARTICLE 13 - AGREEMENT MONITORING AND GENERAL CONTRACTOR.. ...... 17
Section 13.1 Contract Administrator............................................................... ............. 17
ARTICLE 14 - INDEMNIFICATION ................... ............................. ........... ................. 17
Section 14.1 Indemnification bv Contractor ................................................................. 17
ARTICLE 15 - INSURANCE........... ............................................................................ 18
Section 15.1 Tvpes and Amount of Coveraqe .............................................................. 18
Section 15.2 Ratina: Additional Insured's .................................................................... 18
ARTICLE 16 - REPRESENTATIONS, WARRANTIES AND COVENANTS ............... 18
Section 16.1 Contractor Representations and Warranties.................................... .18
Section 16.2 City Representations. Warranties and Covenants.................................. 19
ARTICLE 17 - MISCELLANEOUS .................. ............ ................. .......... ...... ..... ......... 19
Section 17.1 Druq-Free Workplace ............................................................................. 19
Section 17.2 Non-Discrimination....... ......................................... ................................. 19
Section 17.3 Use of Facility Names and Loaos........................................................... 20
Section 17.4 Facilitv Advertisements.................... ........ ...... ........................ ................. 20
Section 17.5 Force Maieure; Casualty Loss ......................................................... ....... 20
Section 17.6 Assiqn or Transfer .................................................................................. 21
Section 17.7 Faith Based Oraanizations ..................................................................... 21
Section 17.8 Notices.... .............................,............ ...................................... ................ 21
Section 17.9 Severabilitv ........................................................................ ..................... 22
ii
Section 17.10 Entire Aareement.................... .............................................................. 22
Section 17.11 Governina Law......................................................................................22
Section 17.12 Amendments................................................... ......... ........ .................... 22
Section 17.13 Waiver: Remedies................. ................................. .............................. 22
Section 17.14 Relationships of Parties.......... ....... ....................................................... 22
Section 17.15 Counterparts; Facsimile. Sianatures.... ........ ................ ...... ................... 22
Section 17.16 Independent Contractor.......................... .............................................. 23
Section 17.17 Compliance with Laws. Reaulations and Immiaration Laws .................23
Section 17.18 Joint Draftina ......................... ........................ ....................................... 23
EXHIBIT A - CONTRACTOR DUTIES........................... ........... .............. .......... .......... 25
EXHIBIT B - INSURANCE........................... .......... ...................................... ............... 28
EXHIBIT C - LEASE....... .................... ............ ......... ........ ...... ........................ ............. 30
III
MANAGEMENT AGREEMENT
This Management Agreement is made as of the 1 st day of January, 2009 ("Effecti ve Date"),
by and between the City of Roanoke, Virginia, a municipal corporation organized under the laws of
the Commonwealth of Virginia ("City"), and Global Spectrum, LP, a Delaware limited partnership
("Contractor").
RECITALS
WHEREAS, City owns the Roanoke Civic Center located in Roanoke, Virginia, consisting of
the coliseum, a 10,000 seat capacity public assembly facility; 14,000 square feet of Exhibition Hall
space; the Roanoke Performing Arts Theatre, a 2,148 seat performing arts venue, and a new 46,000
square footEvents Center (collectively, the "Facility" and as defined below);
WHEREAS, the City desires to engage Contractor to manage and operate the Facility on
behalf and for the benefit of the City, and Contractor desires to accept such engagement, pursuant to
the terms and conditions contained herein;
NOW THEREFORE, for and in consideration of the foregoing, the mutual covenants and
promises hereinafter set forth and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows:
ARTICLE 1
DEFINITIONS
Section 1.1. Definitions. For purposes of this Agreement, the following terms have the
meanings referred to in this Section:
Actual Management-level Employee Compensation: Shall have the meaning ascribed to
such term in Section 3.1 (a) below.
Affiliate: A person or company that directly or indirectly, through one or more
intermediaries, controls or is controlled by, or is under common control with, a specified person or
company.
Agreement: The "Agreement" shall mean this Management Agreement, together with all
exhibits attached hereto (each o'f which are incorporated herein as an integral prot of this
Agreement).
Capital Expenditures: All expenditures for building additions, alterations, repairs or
improvements and for purchases of additional or replacement furniture, machinery, or equipment,
where the cost of such expenditure is greater than $5,000 and the depreciable life of the applicable
1
item is, according to generally accepted accounting principles, is in excess of five (5) years. The
parties agree that all Capital Expenditures shall be financed by the City.
Commercial Rights: Naming rights, pouring rights, advertising, sponsorships, the
branding of food and beverage products for resale, and memorial gifts at or with respect to the
Facility and owned or controlled by the City.
Compensation Payment: Shall have the meaning ascribed to such term in Section 3.1 (a)
below.
Concession Agreements: Vendor, concessions (defined as food and beverage items) and
merchandising agreements, user/rental agreements, booking commitments, licenses, and all other
contracts or agreements generating revenue for the Facility and entered into in the ordinary course of
operating the Facility. The parties acknowledge that the food and beverage service is and shall
remain under contract with Ovations Food Services, LP.
Contractor: The term "Contractor" shall have the meaning ascribed to such term in the
Recitals to this Agreement.
City: The term "City" shall have the meaning ascribed to such term in the Recitals to this
Agreement.
Effective Date: "Effective Date" shall have the meaning ascribed to such term in the opening
paragraph of this Agreement.
Emergency Repair: The repair of a condition which, if not performed immediately, creates
an imminent danger to persons or property and/or an unsafe condition at the Facility threatening
persons or property.
Estimated Management-Level Employee Compensation: Shall be as follows:
For the 1 sl Operating Year:
For the 2nd Operating Year:
For the 3rd Operating Year:
For the 4th Operating Year:
$212,250
$222,862
$234,005
Same as for the 3rd Operating Year, plus the percentage
Increase in the local CPI
Same as for the 4th Operating Year, plus the percentage
Increase in the local CPI;
For the 5th Operating Year:
Provided that each of.the foregoing dollar amounts shall be pro-rated for any Operating Years
of less than 12 months by multiplying such benchmark by a fraction, the numerator of which
is the number of days elapsed in such Operating Year and the denominator of which is
365.
2
Event Account: A separate interest-bearing account in the name of the Contractor and under
the City's Federal ill number in a local qualified public depository, to be designated by the City,
where advance ticket sale revenue is deposited by Contractor.
Event of Force Majeure: An act of God, fire, earthquake, hurricane, flood, riot, civil
commotion, terrorist act, terrorist threat, storm, washout, wind, lightning, landslide, explosion,
epidemic, inability to obtain materials or supplies, accident.to machinery or equipment, any law,
ordinance, rule, regulation, or order of any public or military authority stemming from the existence
of economic or energy controls, hostilities C?r war, a labor dispute which results in a strike or work
stoppage affecting the Facility or services described in this Agreement, or any other cause or
occurrence outside the reasonable control of the party claiming an inability to perform and which by
the exercise of due diligence could not be ryasonably prevented or overcome.
Existing Contracts: Service Contracts, Concession Agreements, and other agreements
relating to the day-to-day operation of the Facility existing as of the Effective Date, as set forth in the
Contracts/Leasesl Agreements database for the City of Roanoke, a list of which shall be provided by
the City to Contractor and which database shall be accessible by Contractor during normal business
hours.
. Facility: The "Facility" shall have the meaning ascribed to such term in the Recitals to this
Agreement, and shall be deemed to include the entire Civic Center complex, including but not
limited to the arena, suites, locker rooms, meeting rooms, box office, common areas, lobby areas,
executive and other offices, storage and utility facilities, and the entrances, ground, sidewalks and
parking areas immediately surrounding the Facility and adjacent thereto.
FF&E: Furniture, fixtures and equipment to be procured for use at the Facility.
Fixed Management Fee: The fixed monthly fee the City shall pay to Contractor under this
Agreement, as more fully described in Section 3.1 of this Agreement which shall include the
Estimated Management-Level Employee Compensation.
General Manager: The employee of Contractor acting as the full-time on-site general
Manager of the Facility.
Incentive Fee: The contingent fee the City shall pay to Contractor under this Agreement, if
earned, as more fully described in Section 3.2 below.
Laws: federal, state, local and municipal laws, statutes, rules, regulations and ordinances.
Local Consumer Price Index: The "Local Consumer Price Index" for All Urban Consumers
(CPI-U), South Region (size B/C)
Management-Level Employees: The General Manager, and the Assistant General Manager.
The parties agree that for purposes of Revenue Procedure 97-13 promulgated by the Internal
Revenue Service, these two individuals shall be the only individuals with decision making and
3
management-level authority. The staffing plan shall be submitted to City as part of the Operating
Budget.
Management-Level Employee Compensation: The employee payroll, benefits, relocation
costs, severance costs, bonus and related costs payable by Contractor to Management-Level
Employees. The payment of the Management-Level Compensation shall be an obligation of
Contractor and not of the City.
Marketing Plan: A plan for the advertising and promotion of the Facility and Facility
events, which may contain but not be limited to the following elements: (i) market research, (ii)
market position, (Hi) marketing objectives, (iv) marketing strategies, (v) booking priorities, (vi)
targeted events -local, regional, national and international, (vii) targeted meetings, conventions and
trade shows, (viii) industry advertising campaign, (ix) internal and external support staff, (x)
advertising opportunities at the local, regional and national level, (xi) attendance at various trade
shows, conventions and seminars, (xii) incentive formulas for multiple event presenters, (xiii) suite
and club seat sales, (xiv) merchandising and retail, (xv) a plan regarding national, regional and local
public relations and media relations, (xvi) development of an in-house advertising agency, and (xvii)
policies regarding the use of tradelbarter.
Operating Account: A separate interest-bearing account in the name of the Contractor,
where Operating Revenue is deposited, and from which Operating Expenses are paid.
Operating Budget: A line item budget for the Facility for each Operating Year that includes
a projection of Operating Revenues and Operating Expenses, together with Management-Level
Employee Compensation, presented on a monthly and annual basis for such Operating Year.
Operating Expenses: All expenses incurred by Contractor in accordance with Article 7 and
in connection with its operation, promotion, maintenance and management of the Facility, including
but not limited to the following: (i) employee payroll, benefits, transition, relocation and startup
costs, severance costs, bonus and related costs, but not including the Management-Level Employee
Compensation, (ii) cost of operating supplies, including general office supplies, (iii) advertising,
marketing, group sales, and public relations costs, (iv) cleaning expenses, (v) data processing costs,
(vi) dues, subscriptions and membership costs that do' not exceed $10,000.00, (vii) the Fixed
Management Fee, (viii) printing and stationary costs, (ix) postage and freight costs, (x) equipment
rental costs, (xi) minor repairs, maintenance, and equipment servicing, not including expenses
relating to performing capital improvements or repairs, (xii) security expenses, security guards,
police charge, fire watch charge, and emergency medical service charge, (xiii) telephone and
communication charges, (xiv) travel and entertainment expenses of Contractor employees, which
shall not exceed $20,000.00 (xv) cost of employee uniforms and identification, (xvi) exterminator,
snow and trash removal costs, if applicable (xvii) computer, software, hardware and training costs,
(xviii) utility expenses, (xix) office expenses, (xx) audit and accounting fees, (xxi) legal fees in
connection with the operation and management of the Facility (as opposed to legal fees incurred by
Contractor related to any dispute with the City), (xxii) all bond and insurance costs, including but not
limited to personal property, liability, and workers' compensation insurance, (xxiii) commissions and
all other fees payable to third parties, (xxiv) cost of complying with any applicable federal, state or
4
local Laws,(xxv) costs incurred by Contractor to settle or defend any claims asserted against
Contractor arising out of its operations at the Facility on behalf of City, except to the extent the costs
are incurred due to the negligence or intentional misconduct of Contractor, as conclusively
determined by a court in the Commonwealth of Virginia, provided that Contractor shall not settle any
such claims without the prior approval of City; (xxvi) costs incurred under Service Contracts and
other agreements relating to Facility operations, and (xxvii) Taxes, and (xxviii) parking expenses.
The parties specifically agree that Operating Expenses shall not include any debt service on the
Facility, Capital Expenditures, or the Incentive Fee.
Operating Revenue: All revenues generated by Contractor's operation of the Facility,
including but not limited to, auditorium rental, coliseum rental, special events center rental,
exhibit hall rental, ice rental, parking lot rental, office space rental, admissions tax, facility
surcharge, camping fees, electrical fees, gross income from the sale of any commercial rights,
including but not limited to naming rights, novelty fees, charge card fees, display advertising,
advertising commissions, sponsorships, ATM commissions, video game commissions, ticketing
fees and commissions, food and beverage commissions, vending sales, box office fees, mail
order service charge, cashiers charge, security guards and police charge, tickets charge, ushers
and ticket takers charge, gross service income, equipment rental, event coordinators charge, event
receptionists charge, fire watch charge, and emergency medical service charge, and
miscellaneous income, but shall not include (i) event ticket proceeds held by Contractor in trust
for a third party and paid to such third party. (ii) trust taxes which include meal tax and
admissions tax which must be held in trust, and trust to be turned over to the City and (iii)
interest on investments, general fund subsidy, and bond and premium amortization.
Operating Year: The first (1 SI) Operating Year shall begin on the Effective Date and end on
June 30, 2009. Each succeeding Operating Year shall begin on July 1 and end on the following June
30, except that the last Operating Year shall end on the expiration or termination date of this
Agreement.
Operations Manual: Document to be developed by Contractor which shall contain terms
regarding the management and operation of the Facility, including detailed policies and procedures to
be implemented in operating the Facility, as agreed upon by both the City and the Contractor.
Service Contracts: Agreements entered into by Contractor for services to be provided in
connection with the operation of the Facility, including without limitation, agreements for ticketing,
web development and maintenance, computer support services, FF&E purchasing services,
engineering services, electricity, steam, HV AC maintenance, telephone, staffing personnel including
guards, ushers and ticket-takers, extermination, elevators, stage equipment, fire control panel and
other safety equipment, snow removal and other services which are deemed by Contractor to be
either necessary or useful in operating the Facility.
Taxes: Any and all governmental assessments, franchise fees, excises, license and permit
fees, levies, charges and taxes, of every kind and nature whatsoever, which at any time during the
Term may be assessed, levied, or imposed on, or become due and payable out of or in respect of, (i)
activities conducted on behalf of the City at the Facility, including without limitation the sale of
5
tickets, and the performance of events (such as any applicable sales and/or admissions taxes, use
taxes, excise taxes, occupancy taxes, employment taxes, and withholding taxes), or (ii) any payments
received from any holders of a leasehold interest or license in or to the Facility, from any guests, or
from any others using or occupying all or any part of the Facility. Contractor agrees to hold and
retain "trust taxes" (eg meals, taxes, admissions taxes) in trust for the City and remit the same to the
City Treasurer in a timely manner.
Term: The term "Term" shall have the meaning ascribed to such term in Section 4.1 of this
Agreement.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Engagement.
(a) City hereby engages Contractor during the Term to act as the sole and
exclusive Contractor and operator of the Facility, subject to and as more fully described in this
Agreement, and, in connection therewith, to perform the services described this Agreement and in
Exhibit A attached hereto.
, (b) Contractor hereby accepts such engagement, and shall perform the services
described herein, subject to the limitations expressly set forth in this Agreement and in the
Operations Manual (which Operations Manual is subject to the reasonable approval of City).
Section 2.2 Limitations on Contractor's Duties. Contractor's obligations under this
Agreement are contingent upon and subject to the City making available, in a timely fashion, the
funds budgeted for and/or reasonably required by Contractor to cany out such obligations during the
Term. Contractor shall not be considered to be in breach or default of this Agreement, and shall have
no liability to the City or any other party, in the event Contractor does not perform any of its
obligations hereunder due to failure by the City to timely provide such funds.
ARTICLE 3
COMPENSATION
Section 3.1 Fixed Management Fee.
(a) In consideration of Contractor's performance of its services hereunder, City
shall pay Contractor a Fixed Management Fee for each Operating Year of the Term. For the period
beginning on the Effective Date and ending on December 31, 2009, the Fixed Management Fee shall
be Twenty Six Thousand Twenty Dollars ($26,020) per month. For the period beginning on January
1, 2010 and ending on December 31, 2010, the Fixed Management Fee shall be Twenty Seven
Thousand Seven Hundred and Thirty Seven Dollars ($27,737) per month. For the period beginning
on January 1, 2011 and ending on December 31, 2011, the Fixed Management Fee shall be Twenty
Nine Thousand Five Hundred Dollars ($29,500) per month. For each subsequent 12 month period
6
the Fixed Management Fee shall be increased in accordance with the percentage increase in the local
Consumer Price Illdex over the previous twelve (12) month period (i.e., the difference, expressed as
a percentage, between the value of the local CPI Index published most recently prior to the
commencement of such 12-month period and the value of the local CPI Index published most
recently prior to the commencement of such 12-month period for which the local CPI adjustment
will apply). The Fixed Management Fee shall be payable to Contractor, on the last business day of
each month (prorated as necessary for any partial months). Contractor shall be entitled.to pay itself
such amount from the Operating Account.
(b) Following the end of each Operating Year, Contractor shall notify City
in writing of the actual cost to Manager in such Operating Year of the Management-Level Employee
Compensation (Actual Management-Level Employee Compensation), and shall provide to the City
reasonable back-up documentation evidencing such actual costs. In the event the Actual
Management-Level Employee Compensation in any Operating Year exceeds the Estimated
Management-Level Employee Compensation for such year, the City shall pay to Manager the
difference. Such payment shall be made to Manager within 30 days of the City's receipt of the
written notice described in this paragraph. Such payment is refelTed to herein as the "Compensation
Payment". '
(c) The City shall pay up to Thirty Thousand Dollars ($30,000) in transition
expenses to include, but not limited to, transition and startup expenses, employee transition,
equipment purchases, upon receipt of approved invoice, and reasonable documentation.
Section 3.2 Incentive Fee.
(a) In addition to the Fixed Management Fee, Contractor shall be entitled to
receive an Incentive Fee each full or partial Operating Year of the Term up to (but not to exceed) the
following for any given Operating Year:
Operating Year 1:
$100,000
Operating Year 2:
$110,000
Operating Year 3:
$120,000
Operating Year 4:
Equals Operating Year 3 plus the percentage increase in local CPI in
Operating Year 4.
Operating Year 5:
Equals Operating Year 4 plus the percentage increase in local CPI in
Operating Year 5.
The foregoing Incentive Fee caps shall be pro-rated for any Operating Years of less than 12
months by multiplying such total by a fraction, the numerator of which is the number of days elapsed
in such Operating Year and the denominator of which is 365.
7
(b) Forty-Five Percent (45%) of the amount of the Incentive Fee Contractor is
eligible to earn from each Operating Year shall be based on increases in Operating Revenue and shall
be given as follows:
Operating Year 1:
Twenty Percent (20%) of the increase in Operating Revenue over
$2.5 Million.
Operating Year 2:
Twenty Percent (20%) of the increase in Operating Revenue over
$2.8 Million.
Operating Year 3:
Twenty Percent (20%) of the increase in Operating Revenue over
$3.0 Million.
Operating Year 4:
Twenty Percent (20%) of the increase in Operating Revenue over
$3.1 Million.
Operating Year 5:
Twenty Percent (20%) of the increase in Operating Revenue over
$3.2 Million.
The foregoing benchmarks (Le., $2.5 million, $2.8 million, etc.) shall be pro-rated for any
Operating Years of less than 12 months by multiplying such benchmark by a fraction, the
numerator of which is the number of days elapsed in such Operating Year and the
denominator of which is 365.
(c) Ten Percent (10%) of the Incentive Fee Contractor is eligible to earn in any
Operating Year shall be paid to Contractor if Contractor meets or exceeds attendance levels as
projected and approved by Contractor in the Operating Budget for such Operating Year.
(d) Ten Percent (10%) of the Incentive Fee Contractor is eligible to earn in any
Operating Year shall be paid to Contractor if Contractor meets or exceeds the number of events as
projected by the Contractor in the Operating Budget for such Operating Year.
(e) Thirty-Five Percent (35%) of the Incentive Fee Contractor is eligible to
earn in any Operating Year shall be paid to Contractor if earned based on the City's (or the
Stakeholders, as applicable), evaluation of Contractor's performance at the Facility in the
following qualitative areas in such Operating Year:
Creative Marketing (15 points)
Facility Maintenance (10 points)
Satisfying "Greening" Initiatives (10 points)
The City, acting reasonably and in good faith, shall award Contractor's up to 10 points in the
Facility Maintenance category based on Contractor's maintenance of the Facility in such
8
Operating Year. The City shall establish a committee consisting of the City's Director of
General Services/Sustainability and the Facility Maintenance group ("Greening Committee")
which, acting reasonably and in good faith, shall award Contractor's up to 10 points in the
"Greening Initiatives" based on Contractor's achievement of mutually agreed "Greening"
initiatives at the Facility. The City shall establish a committee consisting of the Civic Center
Commission and the City's Office of Communications ("Marketing Committee") which, acting
reasonably and in good faith, shall award Contractor up to 15 points in the Creative Marketing
category based on Contractor's performance of event marketing and promotion, web site
development and operation, and overall customer service. The total number of points scored by
Contr~ctor each Operating Year (which must be between 0 and 35) shall be the percent out of
100 of the total eligible Incentive Fee earned for such year under this Subsection (d). By way of
example only, if the Fixed Management Fee in the applicable Operating Year is $100,000, then
Contractor is eligible to earn a total Incentive Fee of $100,000 in such year, $35,000 of which is
subject to this Subsection 3.2(d). If Contractor's total score under this subsection is 25, then
Contractor has earned 25% of the total eligible Incentive F~ (i.e., $25,000) under this
Subsection 3.2( d).
(f) Consistent with IRS Regulations, in no event shall (a) the Incentive Fee plus
the bonuses paid to the Management-Level Employees plus the Compensation Payment paid to
Contractor in any Operating Year exceed (b) the Fixed Management Fee from such Operating Year.
ARTICLE 4
TERM; TERMINATION
Section 4.1 Term. The term of this Agreement (the "Term") shall be five years, and shall
begin on the Effective Date, and, unless sooner terminated pursuant to the provisions of Section 4.2
below, shall expire on December 31, 2013, provided, however, the City shall have the right to
terminate this Agreement, effective as of December 31, 2011 by providing written notice of such
termination to Contractor no later than August 31, 2011.
Section 4.2 Termination. Except as provided in Section 4.1 above, this Agreement may
be terminated (i) byeither Contractor or City upon ninety (90) days written notice to the other, if
the other party fails to perform or comply with any of the material terms, covenants, Contracts or
conditions hereof, and such failure is not cured during such thirty (30) day period, (ii) by either
Contractor or City by written notice to the other upon the other being judged bankrupt or insolvent,
or if any receiver or trustee of all or any part of the business property of the other shall be appointed I
and shall not be discharged within one hundred twenty (120) days after appointment, or if either such
party shall make an assignment of its property for the benefit of creditors or shall file a voluntary
petition in banknlptcy or insolvency, or shall apply for bankruptcy under the bankruptcy or
insolvency laws now in force or hereinafter enacted, Federal, State or otherwise, or if such petition
shall be filed against either party and shall not be dismissed within one hundred twenty (120) days
after such filing. Upon any termination of this Agreement, each party shall promptly pay the other
all fees, if any, due such parties up to the date of termination for the operating year in which this
Agreement is terminated, computed on a pro-rata basis to the effective date of termination.
9
Section 4.3 Effect of Termination
(a) In the event this Agreement is terminated by City pursuant to Section 4.2,
City shall reimburse Contractor for any actual ordinary and necessary
expenses incurred by Contractor in withdrawing from the provision of
services
(b) hereunder following such termination. The City's payment of such expenses
will occur only after Contractor has provided reasonable evidence of the
incurrence of such expenses.
(c) Upon termination or expiration of this Agreement for any reason, (i)
Contractor shall promptly discontinue the performance of all services
hereunder, (ii) the City shall promptly pay Contractor all fees due Contractor
up to the date of termination or expiration (subject to proration if the Term
ends other than at the end of the Operating Year), (iii) Contractor shall make
available to the City all data, electronic files, documents, procedures, reports,
estimates, summaries, and other such information and materials with respect
to the Facility as may have been accumulated by Contractor in performing its
obligations hereunder, whether completed or in process, and (iv) without any
further action on part of Contractor or City, the City shall, or shall cause the
successor Facility Contractor to, assume all obligations arising after the date
of such termination or expiration, under any Service Contracts, Concession
Agreements, booking commitments and any other Facility agreements entered
into by Contractor in furtherance of its duties hereunder. Any obligations of
the parties that are specifically intended to survive expiration or termination
of this Agreement shall survive expiration or termination hereof.
ARTICLE 5
OWNERSHIP; USE OF THE FACILITY
Section 5.1 Ownership of Facilitv. Data. Equipment and Materials. The City will at all
times retain ownership of the Facility, including but not limited to real estate, technical equipment,
furniture, displays, fixtures and similar property, including improvements made during the Term, at
the Facility. Any data, equipment or materials furnished by the City to Contractor or acquired by
Contractor as an Operating Expense shall remain the property of the City, and shall be returned to the
City when no longer needed by Contractor to perform under this Agreement. Notwithstanding the
above, City shall not have the right to use any third party software licensed by Contractor for general
use by Contractor at the Facility and other facilities managed by Contractor, the licensing fee for
which is proportionately allocated and charged to the Facility as an Operating Expense; such
software may be retained by Contractor upon expiration or termination hereof.
10
Section 5.2 Right of Use bv Contractor. The City provides the Leased Area described in
the attached Exhibit C, which is incorporated herein and made a part hereof, to the Contractor for use
as office space and gives the Contractor the right and license to use the Facility, and Contractor
accepts such right of use, for the purpose of performing the services herein specified, including the
operation and maintenance of all physical and mechanical facilities necessary for, and related to, the
operation, maintenance and management of th~ Facility. The City shall provide Contractor such
office equipment as is reasonably necessary to enable Contractor to perform its obligations under this
Agreement. In addition, the City shall make available to Contractor, at no cost, parking spaces
adjacent to the Facility for all of Contractor's full-time employees and for the Facility's event staff.
Section 5.3 Observance of Agreements. The City agrees to pay, keep, observe and
perform all payments, terms, covenants, conditions and obligations under any leases, bonds,
debentures, loans and other financing and security agreements to which the City is bound in
connection with its ownership of the Facility.
Section 5.4 Use bv the City. Subject to availability, the City shall have the right to use the
Facility or any part thereof rent-free for meetings, seminars, training classes or other non-commercial
uses, provided that the City shall promptly reimburse Contractor, for deposit into the Operating
Account, for any out-of-pocket expenses incurred by Contractor (such as the cost of ushers, ticket-
takers, set-up ami take-down personnel, security expenses and other expenses) in connection with
such use. Such non-commercial use of the Facility by the City shall (i) not compete with or conflict
with the dates previously booked by Contractor for paying events, (ii) not consist of normally touring
attractions (such as concerts and family shows), and (iii) be booked in advance upon reasonable
notice to Contractor pursuant to the Facilities' approved booking policies. Upon request of the City,
Contractor shall provide to the City a list of available dates for City use of the Facility. To the extent
that Contractor has an opportunity to book a revenue-producing event on a date which is otherwise
reserved for use by the City, Contractor may propose alternative dates for the City's event, and the
City shall use best efforts to reschedule its event to allow Contractor to book the revenue-producing
event.
ARTICLE 6
PERSONNEL
Section 6.1 Generally All Facility staff and other personnel shall be engaged or hired by
Contractor, and shall be employees, agents or independent contractors of Contractor (or an Affiliate
thereof), and not of the City. Contractor shall select, in its sole discretion but subject to City's right
to approve the Operating Budget, the number, function, qualifications, and compensation, including
salary and benefits, of its employees and shall control the terms and conditions of employment.
(including without limitation termination thereof) relating to such employees. Contractor agrees to
use reasonable and prudent judgment in the selection and supervision of such personnel. The City
specifically agrees that Contractor shall be entitled to pay its employees, as an Operating Expense,
bonuses and benefits in accordance with Contractor's then current company-wide employee manual,
which may be modified by Contractor from time to time in its sole discretion. A copy of
Contractor's current company-wide employee manual shall be provided to the City upon request.
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Notwithstanding anything to the contrary contained in this Article 6, Contractor shall not engage any
individual who has previously worked at the Facility and been terminated by the City in the two (2)
years preceding the Effective Date, provided that Contractor has received prior written notice from
City of the names of such individuals. The City shall have no right to direct the firing of any such
personnel but, in the event that the City notifies Contractor that it desires the removal from the
Facility of any Contractor employee (including the General Manager) and sets forth in such notice
the specific reasons for such request, Contractor agrees to meet with representatives of the City to
discuss the matter and to attempt to resolve the matter in a mutually acceptable fashion. Any
decision to remove the individual shall be made by Contractor, but in making such decision
Contractor agrees to act reasonably and take into account the views expressed by the City.
Section 6.2 General Manager. Personnel engaged by Contractor will include an individual
with experience in similar facilities to serve as a full-time on-site General Manager of the Facility.
Hiring of the General Manager by Contractor shall require the prior approval of the City, which
approval shall not be unreasonably withheld or delayed; provided, however, in the event of a vacancy
in the General Manager position, Contractor may, upon notice to the City, temporarily fill such
position with an interim General Manager for up to ninety (90) days without the necessity of
obtaining the City's approval. The General Contractor will have general supervisory responsibility
for Contractor and will be responsible for day-to-day operations of the Facility, supervision of
employees, and management and coordination of all activities associated with events taking place at
the Facility.
Section 6.3 Transition of Existinl! Emplovees. Contractor agrees to extend an offer of
employment to each individual employed by the City to work at the Facility as of the date
immediately prior to the Effective Date. Contractor's offer of employment shall, subject to the
City's approval of such amounts in the Operating Budget, be for a base salary equal to or greater
than the salary paid to such individuals as City employees immediately prior to the Effective
Date. The Contractor and City shall work together in good faith to transition those individuals
accepting Contractor's offer of employment from the City's employ to Contractor's employ.
Following the transition, such individuals shall become Contractor's employees in all respects,
and Manager shall be solely responsible for payment and provision of such individuals' salary
and benefits (as determined by Contractor in its sole discretion) and all social security,
unemployment insurance, old age retirement and other federal and state taxes that are measured
by the wages, salaries, or other remuneration paid to such individuals, subject to the City's
funding of such amounts in accordance with the Operating Budgets.
Section 6.4 Non-SolicitationINon-Hirinl!. During the Term and for a: period of one (1)
year after the end of the Term, neither City nor any of its Affiliates shall solicit for employment, or
hire, any of Contractor's Management-Level Employees. Provided that if Contractor breaches the
Agreement and such breach causes the Contract to be terminated, the City may solicit, recruit and
hire such Management Level Employees. The City acknowledges that Contractor will spend a
considerable amount of time identifying, hiring and training individuals to work in such positions,
and that Contractor will suffer substantial damages, the exact amount of which would be difficult to
quantify, if the City were to breach the terms of this Section by hiring, or soliciting for employment,
any of such individuals. Accordingly, in the event of a breach or anticipated breach of this Section
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by the City, Contractor shall be entitled (in addition to any other rights and remedies which
Contractor may have at law or in equity, including money damages) to equitable relief, including an
injunction to enjoin and restrain the City from continuing such breach, without the necessity of
posting a bond Notwithstanding anything to the contrary contained in this Section 6.3, the
restrictions in this paragraph shall not apply to any employees who were employed at the Facility by
City immediately prior to the Effective Date.
ARTICLE 7
OPERATING BUDGET
Section 7.1 Establishment of Operating Budget. Contractor shall provide to City no later
than December 1,2008 for the City's approval its proposed Operating Budget covering the period
from the Effective Date through June 30, 2009. Contractor shall prepare and submit to City no later
than February 1st of each year, its proposed Operating Budget for the subsequent Operating Year.
Each annual Operating Budget shall include Contractor's good faith projection of Operating
Revenues and Operating Expenses, presented on a monthly and annual basis, for the upcoming
Operating Year. The City agrees to provide Contractor with all information in its possession
necessary to enable Contractor to prepare each Operating Budget.
Section 7.2 Approval of Operating Budget. Each annual Operating Budget shall be
subject to the review and approval of the City, which approval shall not be unreasonablywithheld or
delayed. In order for the City to fully evaluate and analyze such budgets or any other request by
Contractor relating to income and expenses, Contractor agrees to provide any and all financial
information relating to the Facility as may be requested by the City from time to time. If
extraordinary events occur during any Operating Year that could not reasonably be contemplated at
the time the corresponding Operating Budget was prepared, Contractor may submit an amendment to
such budget for review and approval by the City (which approval shall not be unreasonably withheld
or delayed). If the City fails to approve any annual Operating Budget (or any proposed amendment
thereto), the City shall promptly provide Contractor the specific reasons thereof and its suggested
modifications to Contractor's proposed Operating Budget or amendment in order to make it
acceptable. The parties shall then engage in good faith discussions and use reasonable commercial
efforts to attempt to resolve the matter to the mutual satisfaction of the parties,. including, if
applicable, negotiation of, a mutually acceptable modification to the economic terms ot this
Agreement to enable the Contractor to achieve the compensation contemplated by its proposeq.
Operating Budget.
Section 7.3 Adherence to Operating Budget. Contractor shall use all reasonable efforts to
manage and operate the Facility in accordance with the Operating Budget. Without the prior consent
of the City, Contractor shall not exceed, commit or contract to expend any sums in excess of the
aggregate amounts allowed in the Operating Budget or othexwise approved by City, except for (i)
additional expenditures necessary to perform an Emergency Repair, in which event Contractor shall
notify City prior to making such repair, (ii) increased costs resulting from the scheduling by
,Contractor of additional offsetting revenue producing events or activities at the Facility noticontemplated by the Operating Budget in effect for such Operating Year; (iii) increased expenses for
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services or utilities provided to the Facility by unaffiliated third parties, caused by an increase in the
cost of such services or utilities which is not within the reasonable control of Contractor, such as the
costs of utilities and insurance; and (iv) increased costs resulting from events scheduled pursuant to
Section 5.4.
ARTICLE 8
PROCEDURE FOR HANDLING INCOME
Section 8.1 Event Account. Contractor shall deposit as soon as practicable following
receipt, in the Event Account, all revenue received from ticket sales and similar event-related
revenues which Contractor receives in contemplation of, or arising from, an event, pending
completion of the event. Such monies will be held in escrow for the protection of ticket purchasers,
the City and Contractor, to provide a source of funds as required for payments to performers and for
payments of direct incidental expenses in connection with the presentation of events that must be
paid prior to or contemporaneously with such events. Within five (5) business days of completion of
such events, Contractor shall transfer all funds remaining in the Event Account, including any
interest accrued thereon, into the Operating Account. Bank service charges, if any, on such
account(s) shall be deducted from interest earned.
Section 8.2 Operating Account. Except as provided in Section 8.1, all Operating Revenue
derived from operation of the Facility shall be deposited by Contractor into the Operating Account as
soon as practicable upon receipt (but not less often than once each business day). The specific
procedures (and authorized individuals) for making deposits to and withdrawals from such account
shall be set forth in the Operations Manual, but the parties specifically agree that Contractor shall
have authority to sign checks and make withdrawals from such account, subject to the limitation
contained in this Agreement, without needing to obtain the co-signature of a City employee or
representative.
ARTICLE 9
FUNDING
Section 9.1 Source of Funding. Contractor shall pay all items of expense for the
operation, maintenance, supervision and management of the Facility from the funds in the Operating
Account, which Contractor inay access periodically for this purpose. The Operating Account shall
be funded with amounts generated by operation ofthe Facility (as described in Article 8 above), or
otherwise made available by the City. To ensure sufficient funds are available in the Operating
Account, City will deposit in the Operating Account, on or before the Effective Date, the budgeted or
otherwise approved expenses for the month beginning on the Effective Date. The City shall
thereafter, on or before the 1st day of each succeeding month following the Effective Date, deposit
(or allow remaining) in the Operating Account the budgeted or otherwise approved expenses for each
such month. Contractor shall have no liability to the City or any third party in the event Contractor is
unable to perform its obligations hereunder, or under any third party contract entered into pursuant to
the terms hereof, due to the fact that sufficient funds are not made available to Contractor to pay such
expenses in a timely manner. All non event related goods and services purchased with funds from
the Operating Account shall be procured in compliance with the City's procurement policy. Event-
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related goods and services (Le., goods and services specifically procured for events) need not comply
with the City's procurement policy.
Section 9.2 Advancement of Funds. Under no circumstances shall Contractor be required
to pay for or advance any of its own funds to pay for any Operating Expenses. In the event that,
notwithstanding the foregoing, Contractor agrees to advance its own funds to pay Operating
Expenses, City shall promptly reimburse Contractor for the full amount of such advanced funds, plus
interest at a rate to be mutually agreed.
ARTICLE 10
FISCAL RESPONSffiILITY; REPORTING
Section 10.1 Records. Contractor agrees to keep and maintain, at its office in the Facility,
separate and independent records, in accordance with generally accepted accounting principles,
devoted exclusively to its operations in connection with its management of the Facility. Such
records (including books, ledgers, journals, and accounts) shall contain all entries, reflecting the
business operations of Contractor under this Agreement. The City or its authorized agent shall have
the right to audit and inspect such records from time to time during the Term and for a five (5) year
period following termination, upon reasonable notice to Contractor and during Contractor's ordinary
business hours.
Section 10.2 Monthlv Reports. Contractor agrees to provide to the City, within twenty (20)
business days after the end of each month during the Term, 1.) financial reports for the Facility
including a balance sheet, aging report on accounts receivable, and statement of revenues and
expenditures (budget to actual and actual versus prior year actual) for such month and year to date in
accordance with generally accepted accounting principles. 2.) Contractor agrees to provide to the
City a summary of bookings for each such month, and separate cash receipts and disbursements
reports for each event held at the Facility during such month. 3.) Contractor shall submit to the City,
or shall cause the applicable public depository utilized by Contractor to submit to the City, on a
monthly basis, copies of all bank statements concerning the Event Account and the Operating
Account.
In addition, Contractor agrees to provide monthly, to the Assistant City. Manager of Operations, a
report on any issues that in the reasonable determination of Contractor should be made known,
report of any necessary major procurements, and a summary of overall operations.
Section 10.3 Ouarterly Reports. Contractor agrees to report quarterly the physical condition
of the facility, actual and project numbers and types of events, actual and anticipated attendance at
events, and the state of overall event industry (concerts, family shows, sports, etc.).
Section 10.4 Audit. Contractor agrees to provide to the City, within one hundred twenty
(120) days following the end of each Operating Year an audited financial report, prepared by a
certified public accountant, on the accounts and records as kept by Contractor for the Facility. Costs
associated with obtaining such audited financial report shall be an Operating Expense of the Facility.
Such audit shall be performed by an external auditor approved by the City, and shall be conducted in
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accordance with generally accepted auditing standards. In the event the audit reveals any
discrepancies in the amounts Contractor remitted to City, the appropriate payment or reimbursement
shall be made within fifteen days of the date City' accepts the audit.
ARTICLE 11
CAPITAL IMPROVEMENTS
Section 11.1 Schedule of Capital Expenditures. Contractor shall annually, at the time of
submission of the annual Operating Budget to the City, provide to the City a schedule of proposed
capital improvements that may be necessary at the Facility, for the purpose of allowing the City to
consider such projects and to prepare and update a long-range Capital Expenditure budget. '
Section 11.2 Responsibilitv for Capital Expenditures. The City shall be solely responsible
for all Capital Expenditures at the Facility; provided, however, the City shall be under no obligation
to make any Capital Expenditures proposed by Contractor, and provided further that Contractor shall
have no liability for any claims, costs or damages arising out of a failure by the City to make any
Capital Expenditures. Provided, that Contractor, as part of its duties and obligations un~er this
Agreement, shall regularly investigate and inspect the Facility and report such property items andlor
issues in the Facility needing repair, replacement or maintenance.
ARTICLE 12
FACILITY CONTRACTS; TRANSACTIONS WITH AFFILIATES
Section 12.1 Existing Contracts. The City shall provide access to the Contractor, on or
before the Effective Date, copies of all Existing Contracts. Contractor shall administer and assure
compliance with such Existing Contracts.
Section 12.2 'Execution of Contracts. Contractor shall have the right, to enter into Service
Contracts, Concession Agreements (not including a contract for food and beverage services, which is
already contracted out to Ovations Food Services), and other contracts related to the operation of the
Facility by with respect to non-event related contracts adhering to procurement policies of the City
of Roanoke. If the Service Contract is event-related (Le., is for good/services specific for events),
Contractor need not adhere to the procurement policies of the City Contractor understands and
agrees that all non event related contracts must be approved, in writing, by the City Manager or
Purchasing Manager. Any such material agreements shall contain standard terms and conditions,
and insurance obligations on the part of each vendor, licensee or service provider, as is customary for
the type of services or obligations being provided or performed by such parties. Contractor shall
obtain the prior approval of the City before entering into any such contract with a term that expires
after the Term of this Agreement, unless such contract, by its express terms, can be terminated by
City following expiration of the Term without any penalty. Contractor shall obtain the prior
approval of the City's Contract Administrator before committing to purchase any goods or services
in excess of $10,000 unless such purchase is for an event and the expense of which is required to be
reimbursed by the promoter, licensee or other party in connection with such event.
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Section 12.3 Transactions with Affiliates. In connection with its obligations hereunder
relating to the purchase or procurement of services for the Facility, ticketing services, Commercial
Rights sales, web design services and graphic design services, Contractor may purchase or procure
such services, or otherwise transact business with, an Affiliate of Contractor, provided that the prices
charged and services rendered by such Affiliate are competitive with those obtainable from any
unrelated parties rendering comparable services. Contractor shall, at the request of the City, provide
reasonable evidence establishing the competitive nature of such prices and services, including, if
appropriate, competitive bids from other persons seeking to render such services at the Facility. Any
contract with any Affiliate must, by its express terms, be cancelable on no more than ninety (90) days
notice in the event of termination of this Agreement, unless City is a party to the contract at the time
of its inception.
ARTICLE 13
AGREEMENT MONITORING AND GENERAL CONTRACTOR
Section 13.1 Contract Administrator. Each party shall appoint a contract administrator who
shall monitor such party's compliance with the terms of this Agreement. Contractor's contract
administrator shall be its General Manager at the Facility, unless Contractor notifies City of a
substitute contract administrator in writing. The City's Contract Administrator shall be the Assistant
City Manager of Operations. Any and all references in this Agreement requiring Contractor or City
participation or approval shall mean the participation or approval of such party's contract
administrator.
ARTICLE 14
INDEMNIFICATION
Section 14.1 Indemnification. Contractor shall indemnify and hold harmless the City and its
officers, agents, and employees and members of the Roanoke Civic Center Commission against any
and all liability, losses, damages, claims, causes of action, suits of any nature, costs, and expenses,
including reasonable attorney's fees, resulting from or arising out of Contractor or its employees or
agents, negligent actions, activities, or omissions, or willful misconduct, on or near the Facility or
arising in any way out of or resulting from any of the work or items to be provided under this
Contract, and this includes, without limitation, any fines or penalties, violations of federal, state, or
local laws or regulations, personal injury, wrongful death, or property damage claims or suits.
Contractor agrees to and shall protect, indemnify, and hold harmless all the parties referred to above
from any and all demands for fees, claims, suits, actions, causes of action, settlement or judgments
based on the alleged or actual infringement or violation by Contractor of any copyright, trademark,
patent, invention, article, arrangement, or other apparatus that may be used in the performance of this
Agreement. With respect to any claim for which the City seeks indemnity hereunder, (i) the City
shall promptly (and in no event in more than 20 days after any notice of any claim of third party
litigation asserting such claim) give reasonable detailed written notice to Contractor of the nature of
such matter, (ii) Contractor shall have the right (but not the obligation) to defend the claim, at its
expense, with counsel of its choosing and approved by the City, such approval not to be
17
unreasonably withheld and (iii) the City shall not settle or otherwise resolve the matter without the
prior written consent of Contractor..
ARTICLE 15
INSURANCE
Section 15.1 Types and Amount of Coverage. Contractor agrees to obtain insurance
coverage in the manner and amounts as set forth in Exhibit E, attached hereto, and shall provide to
the City promptly following the Effective Date a certificate of certificates of insurance evidencing
such coverage. Contractor shall maintain such referenced insurance coverage at all times during the
Term, and will not make any material modification or change from these specifications without the
prior approval of the City. Each insurance policy shall include a requirement that the insurer provide
Contractor and the City at least thirty (30) days written notice of cancellation or material change in
the terms and provisions of the applicable policy. The cost of all such insurance shall be an
Operating Expense.
Section 15.2 Rating; Additional Insured's. All insurance policies and any bonds that are
required shall be issued by insurance companies rated no less than A VII in the most recent "Bests"
insurance guide, and licensed in the State of Virginia or as otherwise agreed by the parties. All such
policies shall be in such form and contain such provisions as are generally considered standard for
the type of insurance involved. The commercial general liability policy, automobile liability
insurance policy and umbrella or excess liability policy to be obtained by Contractor hereunder shall
name City, its officers, agents and assigns, and members of the Roanoke Civic Center Commission
as additional insureds. The workers compensation policy to be obtained by Contractor hereunder
shall contain a waiver of all rights of subrogation against the City. Contractor shall require that all
third-party users of the Facility, including without limitation third-party licensees, ushers, security
personnel and concessionaires, provide certificates of insurance evidencing insurance appropriate for
the types of activities in which such user is engaged. If Contractor subcontracts any of its obligations
under this Agreement, Contractor shall either: (a) cover all subcontrac.tors under its policies of
insurance, or (b) require each subcontractor not so covered to secure insurance that will protect
against applicable hazards or risks of loss as and in the minimum amounts designated herein, and
name Contractor and the City as additional insured's.
ARTICLE 16
REPRESENTATIONS, WARRANTIES AND COVENANTS
Section 16.1 Contractor Representations and Warranties. Contractor hereby represents,
warrants and covenants to City as follows: ,
(a) that it has the full legal right, power and authority to enter into this Agreement
and to grant the rights and perform the obligations of Contractor herein, and that no third party
consent or approval is required to grant such rights or perfOlm such obligations hereunder;
(b) that this Agreement has been duly executed and delivered by Contractor and
constitutes a valid and binding obligation of Contractor, enforceable in accordance with its terms,
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except as such enforceability may be limited by bankruptcy, insolvency, reorganization or similar
Laws affecting creditors' rights generally or by general equitable principles; and
(c) Contractor will comply with all Laws applicable to its management of the
Facility, provided that Contractor shall not be required to undertake any compliance activity, nor
shall Contractor have any liability under this Agreement thereof, if such activity requires any Capital
Expenditure.
Section 16.2 City Representations. Warranties and Covenants. City represents, warrants
and covenants to Contractor as follows:
(a) that it has the full legal right, power and authority to enter into this Agreement
and to grant the rights and perform the obligations of City herein, and that no other third party
consent or approval is required to grant such rights or perform such obligations hereunder;
(b) that this Agreement has been duly executed and delivered by City and
constitutes a valid and binding obligation of City, enforceable in accordance with its terms, except as
such enforceability may be limited by bankruptcy, insolvency, reorganization or simil~ laws
affecting creditors' rights generally or by general equitable principles.
ARTICLE 17
MISCELLANEOUS
Section 17.1 Drug-Free Workplace
, ,
A. During the performance of this Contract, Contractor agrees to (i) provide a drug-free
workplace for Contractor's employees; (ii) post in conspicuous places, available to employees and
applicants for employment, a statement notifying employees that the unlawful manufacture, sale,
distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in
the workplace and specifying the actions that will be taken against employees for violations of such
prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of
Contractor that Contractor maintains a drug-free workplace; and (iv) include the provisions of the
foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will
be binding upon each subcontractor or vendor.
B. For the purposes of this section, "drug-free workplace" means a site for the
performance of work done in connection with a specific contract awarded to a contractor, the
employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution,
dispensation, possession or use of any controlled substance or marijuana during the performance of
the contract.
Section 17.2 Non Discrimination
A. During the performance of this Contract, Contractor agrees as follows:
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1. Contractor will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age, disability, or
any other basis prohibited by state law relating to discrimination in employment,
except where there is a bona fide occupational qualification reasonably necessary to
the normal operation of the Contractor. Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices setting forth
the provisions of this nondiscrimination clause.
ii. Contractor in all solicitations or advertisements for employees placed by or on
behalf of Contractor will state that Contractor is an equal opportunity employer.
iii. Notices, advertisements and solicitations placed in accordance with federal
law, rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
B. Contractor will include the provisions of the foregoing Section A (i, ii, and iii) in
every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each
subcontractor or vendor.
Section 17.3 Use of Facility Names and Logos Contractor shall have the right to use
throughout the Term (and permit others to use in furtherance of Contractor's obligations hereunder),
for no charge, the name and all logos of the Facility, on Contractor's stationary, in its advertising of
the Facility, and whenever conducting business of the Facility; provided, that Contractor shall take
all prudent and appropriate measures to protect the intellectual property rights of the City relating to
such logos. All intellectual property rights in any Facility logos developed by the Contractor or the
City shall be and at all times remain the sole and exclusive property of the City. Contractor agrees to
execute any documentation requested by the City from time to time to establish, protect or convey
any such intellectual property rights.
Section 17.4 Facility Advertisements The City agrees that in all advertisements placed by
the City for the Facility or events at the Facility, whether such advertisements are in print, on radio,
television, the internet or otherwise, it shall include a designation that the Facility is a "Global
Spectrum managed facility".
Section 17.5 Force Maieure~ Casualty Loss
(a) Neither party shall be liable or responsible to the other party for any delay,
loss, damage, failure or inability to perform under this Agreement due to an Event of Force Majeure,
provided that the party claiming failure or inability to perform provides written notice to the other
party within thirty (30) days of the date on which such party gains actual knowledge of such Event of
Force Majeure. Notwithstanding the foregoing, in no event shall a party's failure to make payments
due hereunder be excusable due to an Event of Force Majeure.
(b) In the event of damage or destruction to a material portion of the Facility by
reason of fire, storm or other casualty loss that renders the Facility (or a material portion thereof)
20
untenantable, the City shall use reasonable efforts to remedy such situation. If notwithstanding such
efforts, such damage or destruction is expected to render the Facility (or a material portion thereof)
untenantable for a period estimated by an architect selected by the City at Contractor's request, of at
least one hundred eighty (180) days from the date of such fire, storm or other casualty loss, either
party may terminate this Agreement upon written notice to the other, provided that (i) the City shall
pay to Contractor its costs of withdrawing from services hereunder, as described in Section 4.3(a)
above, and (ii) in the event the Facility once again becomes tenable at any time during the Term, this
Agreement shall once again become effective and Contractor shall manage and operate the Facility
under the terms hereof, except that the Term shall be extended for a period of time in which the
Facility was closed.
Section 17.6 Assign or Transfer Contractor shall not assign or transfer the resultant
Contract in whole or in part without the prior written consent of the City, which consent shall not be
unreasonable withheld. If consent to assign is given, no such assignment shall in any way release or
relieve the Contractor from any of the covenants or undertakings contained in the Contract and the
Contractor shall remain liable for the Contract during the entire term thereof.
Section 17.7 Faith Based Organizations
Pursuant to Vireinia Code Section 2.2-4343.1. be advised that the City does not discriminate
aeainst faith-based or2anizations.
Section 17.8 Notices All notices required or permitted to be given pursuant to this Agreement
shall be in writing and delivered personally or sent by registered or certified mail, return receipt
requested, or by generally recognized, prepaid, overnight air courier services, to the address and
individual set forth below. All such notices to either party shall be deemed to have been provided
when delivered, if delivered personally, three (3) days after mailed, if sent by registered or certified
mail, or the next business day, if sent by generally recognized, prepaid, overnight air courier services.
If to the City:
If to Contractor:
City of Roanoke, VA
Noel C Taylor Municipal Bldg
215 Church Ave. SW, Rm 364
Roanoke, VA 24011
Attn: City Manager
Global Spectrum, L.P.
3601 S. Broad Street
Philadelphia, P A 19148
Attn: Chief Operating Officer
With a copy to:
With a copy to:
City of Roanoke, V A
Noel C Taylor Municipal Bldg.
215 Church Ave. SW Rm 202
Roanoke, VA 24011 '
Attn: Purchasing Manager
Comcast Spectacor, L.P.
3601 South Broad Street
Philadelphia, Pennsylvania 19148-5290
Attn: General Counsel
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The designation of the individuals to be so notified and the addresses of such parties set forth above
may be changed from time to time by written notice to the other party in the manner set forth above.
Section 17.9 Severability If a court of competent jurisdiction or an arbitrator determines
that any term of this Agreement is invalid or unenforceable to any extent under applicable law, the
remainder of this Agreement (and the application of this Agreement to other circumstances) shall not
be affected thereby, and each remaining term shall be valid and enforceable to the fullest extent
permitted by law.
Section 17.10 Entire Agreement This Agreement (including the exhibits attached hereto)
contains the entire agreement between the parties with respect to the subject matter hereof, and
supersedes and replaces all prior negotiations, correspondence, conversations, agreements, and
understandings concerning the subject matter hereof. Accordingly, the parties agree that no
deviation from the terms hereof shall be predicated upon any prior representations, agreements or
understandings, whether oral or written.
Section 17.11 Governing Law The Agreement is entered into under and pursuant to, and is to
be construed and enforceable in accordance with, the laws of the State of Virginia, in a court located
in the City of Roanoke, without regard to its conflict of laws principles.
Section 17.12 Amendments Neither this Agreement nor any of its terms may be changed or
modified, waived, or terminated (unless as otherwise provided hereunder) except by an instrument in
writing signed by an authorized representative of the party against whom the enforcement of the
change, waiver, or termination is sought.
Section 17 .13 Waiver: Remedies No failure or delay by a party hereto to insist on the strict
performance of any term of this Agreement, or to exercise any right or remedy consequent to a
breach thereof, shall constitute a waiver of any breach or any subsequent breach of such term. No
waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement, but each
and every term of this Agreement shall continue in full force and effect with respect to any other then
existing or subsequent breach thereof. The remedies provided in this Agreement are cumulative and
not exclusive of the remedies provided by law or in equity.
Section 17.14 Relationship of Parties Contractor and City acknowledge and agree that they
are not joint ventures, partners,. with respect to the Facility, and nothing contained in this Agreement
shall be construed as creating a partnership, joint venture or similar relationship between City and
Contractor. In operating the Facility, entering into contracts, accepting reservations for use of the
Facility, and conducting financial transactions for the Facility, Contractor acts on behalf of and as
agent for City (but subject to the limitations on Contractor's authority as set out in this Agreement),
with the fiduciary duties required by law of a party acting in such capacity.
Section 17.15 Counterparts- Facsimile Signatures This Agreement may be executed in
counterpmts, each of which shall constitute an original, and all of which together shall constitute one
and the same document. This Agreement may be executed by the parties and transmitted by
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facsimile, and if so executed and transmitted, shall be effective as if the parties had delivered an
executed original of this Agreement.
Section 17.16 Independent Contractor The relationship between Contractor and the City is a
contractual relationship. It is not intended in any way to create a legal agency or employment
relationship. Contractor shall, at all times, maintain its status as an independent contractor and both
parties acknowledge that neither is an agent, partner or employee of the other for any purpose
provided, however, in operating the Facility, entering into contracts, accepting reservat~ons for use of
the Facility, and conducting financial transactions for the Facility, Manager acts on behalf of and as
agent for City (but subject to the limitations on Manager's authority as set out in this Agreement),
with the fiduciary duties required by law of a party acting in such capacity Contractor shall be
resp~:msible for causing all required insurance, workers' compensation (regardless of number of
employees) and unemployment insurance to be provided for all of its employees and subcontractors.
"Contractor agrees to require that all of its subcontractors indemnify the City and maintain
insurance that is appropriate for the nature of services being provided by such parties. City shall
have the right to approve such insurance before Contractor hires any subcontractor and may
require Contractor to require of subcontractor that additional coverage and amounts be added to
subcontractor's insurance in the City's reasonable determination." Contractor further agrees not
to hire any subcontractor that does not comply with these requirements. Contractor agrees to
maintain and file all such insurance certificates of subcontractor as required by this agreement
Section 17.17 Compliance with Laws, Regulations, and Immigration Law Contractor agrees
to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations,
including all applicable licensing requirements. Contractor further agrees that Contractor does not,
and shall not during the performance of this Contract; knowingly employ an unauthorized alien as
defined in the federal Immigration Reform and Control Act of 1986.
Section 17.18 Joint Drafting The parties acknowledge that both parties participated in the
drafting of the agreement. In the event a dispute arises as to any meaning of any provision contained
herein, neither party shall rely on the defense that the ambiguity should be construed against the
drafter of this agreement.
23
This Agreement constitutes the complete understanding between the parties. This Agreement
may be modified only by written agreement properly executed by the parties.
IN WITNESS WHEREOF, the parties hereto have affixed their hand and seals.
ATTEST:
GLOBAL SPECTRUM, LP
Printed Name and Title
Printed Name and Title
(SEAL)
CITY OF ROANOKE, VIRGINIA
ATTEST:
By
City Clerk
Ci ty Manager
Approved as to form:
Appropriation and Funds Required
for this Agreement Certified:
City Attorney
Director of Finance
Account #
Approved as to Execution:
Date
City Attorney
24
EXHIBIT A
CONTRACTOR DUTIES
Contractor's obligations under the Agreement shall consist of the following obligations, all of
which are subject to the terms hereof and the controls and restrictions in the Operations Manual:
(a) Manage all aspects of the Facility in accordance with the Operations Manual and the
terms of this Agreement, including but not limited to managing purchasing, payroll, bookkeeping,
accounting, fire prevention, security, crowd control, routine repairs, preventative maintenance,
janitorial services, promotions, advertising, energy conservation, security, box office, admission
procedures, management of existing and new third party agreements, parking (if applicable), and
general user services.
(b) Recommend and adjust prices, rates and rate schedules for user, license, concessions,
occupancy, and advertising agreements, and booking commitments subject to approval by City..
Contractor may deviate from the established rate schedule when entering into any such agreements if
determined by Contractor, using its reasonable business judgment, to be necessary or appropriate
with respect to the specific situation, subject to the approval of the City Manager. The Contractor
also agrees to comply and adhere to Section 24-26 of the Roanoke City Code and acknowledges
that civic, religious and charitable organizations, the incomes of which are exempt from taxation
under the United States Internal Revenue Code, may apply to the City Manager or her designee for a
civic rate, to conduct a nonprofit activity at the civic center, where the proceeds do not aCClUe to the
benefit of an individual, business or commercial entity.
(c) Procure, negotiates, execute, administer and assure compliance with Service
Contracts, Concession Agreements, and other contracts related to the operation of the Facility.
(d) Require that all material vendors and licensees of the Facility execute vendor/license
agreements containing standard indemnification and insurance obligations on the part of each such
vendorllicensee.
(e) Provide standard form advertising and sponsorship contracts and user/rental
agreements for use at or with respect to the Facility. Contractor shall submit such form agreements
to the City for review and comment, and the parties shall work together to finalize such forms. Once
finalized, Contractor shall use such forms in furtherance of its duties hereunder, and shall not
materially deviate from the terms contained in such forms without obtaining the prior approval of the
City (which shall not be unreasonably withheld). Contractor's sole responsibility with regard to
providing legal advice or assistance hereunder shall be to provide such standard form contracts.
(t) Operate and maintain the Facility, including the equipment utilized in connection with
its operation and any improvements made during the term of this Agreement, in the condition
received, normal wear and tear excepted.
25
(g) - Arrange for and otherwise book events at the Facility in accordance with a booking
schedule to be developed by Contractor and approved by the City Manager.
(h) Hire or otherwise engage, pay, supervise, and direct all personnel Contractor deems
necessary for the operation of the Facility in accordance with Article 6 of the Agreement, and
conduct staff planning, retention and training programs as determined to be necessary by Contractor
in its sole discretion.
(i) Maintain detailed, accurate and complete financial and other records of all its
activities under this Agreement in accordance with generally accepted accounting principles, which
records shall be made available to the City upon request, in accordance with Section 10.1 of the
Agreement.
G) Submit to the City, in a timely manner, financial and other reports detailing
Contractor's activities in connection with the Facility, as set forth in Article 10 of the Agreement.
(k) Prepare a proposed annual Operating Budget and submit such proposed budget to the
City, both in accordance with Article 7 of the Agreement.
(1) Pay all Operating Expenses and other expenses incurred in connection with the
operation, maintenance, supervision and management of the Facility from the Operating Account or
with funds otherwise made available by the City.
(m) Secure, or assist the City (or any other third party, as applicable) to secure, a1llicenses
and permits necessary for the operation and use of the Facility for the specific events to be held
therein, and for the general occupancy of the Facility, including without limitation all necessary food
and liquor licenses, and renewals thereof. The City shall cooperate in this process to the extent
reasonably required. All costs associated with this process shall be Operating Expenses.
(n) Collect, deposit and hold in escrow in the Event Account any ticket sale revenues
which it receives in the contemplation of or arising from an event pending the completion of the
event, as more fully described in Section 8.1 of the Agreement.
(0) Collect in a timely manner and deposit in the Operating Account all Operating
Revenue, as more fully described in Section 8.2 of the Agreement.
(p) Pay all applicable Taxes from Operating Revenue collected by Contractor.
(q) Plan, prepare, implement, coordinate and supervise all public relatio.ns and other
promotional programs for the Facility.
(1') Prepare, maintain and implement on a regular basis, subject to the City's approval, a
Marketing Plan for the Facility.
26
(s) Manage and oversee, with City Council approval, the sale of commercial rights
(including sponsorship, advertising, branding, and other commercial rights) and/or narning rights at
or in connection with the Facility.
(t) On an annual basis, cause a written inventory to be taken of all furniture, fixtures,
office equipment, supplies, tools and vehicles at the Facility, and deliver a written report of the
foregoing to City. Contractor shall document all major damage to, or loss in, such inventory during
the Term a~ soon as such damage or loss is discovered by Contractor, and Contractor shall promptly
notify City of any such damage or loss.
(u) Purchase, on behalf of the City and with City funds, and maintain during the Term, all
services, materials, tools, machinery, equipment and supplies necessary for the operation of the
Facility, which, as they relate to non-event purchases, shall be in compliance with the City's
procurement policy.
(v) As agent for the City, manage risk management and Facility insurance needs, as more
fully described in Article 15 of the Agreement.
(w) Make and be responsible for all routine and minor repairs, maintenance, preventative
maintenance, and equipment servicing. Contractor shap be responsible for ensuring that all repairs,
replacements, and maintenance shall be of a quality and class at least equal to that of the item being
repaired, replaced or maintained. Any replacement of an item in inventory, or any new item added to
the inventory, which is paid for by the City, shall be deemed the property of the City.
(x) Cause such other acts and things to be done with respect to the Facility, as determined
by Contractor in its reasonable discretion to be necessary for the management and operation of the
Facility following the Effective Date.
(y) The parties acknowledge that the City currently has a ten (10) year agreement with
Ovations Food Services, LP, ("Ovations") to be the exclusive provider of all concessions and
catering services held at the Roanoke Civic Center. The terms of the contract require that all events,
private and public, held at the Roanoke Civic Center, be catered, or in the event concessions are sold
be provided, exclusively by Ovations Food Services, LP, subject to only limited exceptions. In the
event, the Contract between the City and Ovations is terminated by the parties, Contractor shall be
required to either identify a successor third party to perform the food and beverage service at the
Facility, or will otherwise perform the food and beverage service itself on an in-house basis, for an
additional fee, which shall be subject to City Manager approval.
(z) Administer and manage any existing Civic Facilities contracts.
(aa) Work with the Civic Center Commission in accordance with Section 24-44 through
24-49 of the Code of the City of Roanoke (1979) as amended.
(bb) Maintain overall level of customer service and comfort at or above the current levels.
subject to the limitations of the Operating Budget.
27
EXHIBIT B
INSURANCE
CONTRACTOR'S AND SUBCONTRACTOR~S INSURANCE
Neither the Contractor nor any subcontractor shall commence work under this Contract until the
Contractor has obtained all the insurance policies required under this Section and such insurance has
been approved by the City.
1. The following minimum insurance requirements apply:
a. Workers' Compensation and Employers' Liability:
The Contractor shall obtain and maintain the following limits:
Workers' Compensation: Statutory
Employers'Liability: $100,000 bodily injury by accident each occurrence
$500,000 bodily injury by disease (policy limit)
$100,000 bodily injury by disease each employee
b. Commercial General Liability:
Coverage is to be written on an "occurrence" basis, $1,000,000 minimum limit, and
such coverage shall include:
· Products/Completed Operations
· Personal Injury and Advertising Injury
. Bodily Injury
. Property Damage
· Contractual Liability
· Aggregate Limit Per Location Endorsement
c. Automobile Liability:
Limits for vehicles owned, non-owned or hired shall not be less than:
· $1,000,000 Bodily Injury and Property Damage combined
single limit
· uninsuredlunderinsured motorist
d. Umbrella or Excess Liability
· $5,000,000 per occurrence and aggregate
e. Professional LiabilitvlErrors & Omissions (Claims Made)
· $1,000,00 each occurrence/aggregate
· Policy to include: entity Coverage
f. Emplovee Dishonesty:
· $1,000,000 Each Occurrence
· Coverage to extend to all employees of the insured, except
where required by statute.
2. Proof of Insurance Coverage: The policies of insurance and any required bonds shall be
purchased from a reputable insurer licensed to do business in Virginia and maintaip.ed for the
life of the Contract by the Contractor. Other insurance requirements include the following:
28
8. The Contractor shall furnish the City with the required certificates of insurance
showing the insurer, type of insurance, policy number, policy term, and limits.
b. The required certificates of insurance shall contain substantially the following
statement: "The insurance covered by this certificate shall not be canceled or
materially altered except after a thirty (30) day written notice has been received by
the Risk Management Officer for the City of Roanoke."
c. The required certificates of insurance shall name the City of Roanoke, its officers,
agents, volunteers, and employees. as additional insureds except with regard to the
workers' compensation and employers' liability and professional coverages which
shall contain a waiver of subrogation in favor of the City. Additional insured and
waiver endorsements shall be received by Roanoke Risk Management from the
insurer within 30 days of beginning of this Agreement.
29
EXHIBIT C
LEASE AGREEMENT TO MANAGEMENT AGREEMENT
BETWEEN CITY OF ROANOKE AND GLOBAL SPECTRUM, LP
This Lease Agreement ("Lease") given by the City of Roanoke to Global Spectrum, LP
("Contractor") as part of the Management Services Agreement dated January 1, 2009
("Agreement") between the City and the Contractor in order to allow the Contractor to provide
management services ("Work") at the Roanoke Civic Center ("Facility") is subject to the terms
and conditions of such Agreement and the provisions set forth below. Contractor specifically
agrees to the provisions set forth herein. The following are the terms and conditions of this
Lease.
1. Lease and License
The City hereby leases to Contractor and Contractor Leases from City that part of the
Facility designated as the "Leased Area." The Leased Area contains approximately 7 ,484 square
. feet more or less, and shall consist of following areas:
l'-The area in the Roanoke Civic Center Annex designated as Room 321, 323A, 323B,
324,325,301,302,303,304,318,319,311,312,313,314,315, 316 on the attached
Exhibit A
2-The areas in the Coliseum Concourse labeled as A, B, C, D ,G, H, I and J as
designated on the attached Exhibit B
3-The areas in the Coliseum Lower Concourse designated as A, B, and C, on the attached
Exhibit C
4- The area designated as Rooms Band C in the Exhibit Hall as shown on the Attached
Exhibit D.
Contractor agrees to use the Leased Area as office space and for no other purpose. Contractor is
further licensed to use the remainder of the areas located at the F~cility that are necessary to carry
out the purpose of the Management Agreement, and the Contractor's obligations stated therein.
Contractor acknowledges that such license is nonexclusive and shall run concurrently with the
term of the Agreement The Licensed Area shall consist of the entirety of the Facility and shall
include, , the Facility parking lot, along with the non-exclusive right to use the concourses,
spectator seating areas, parking areas, loading areas and walkways 'of the Facility. The provisions
contained herein applying to the Leased Area shall also apply to-the Licensed Areas where
applicable.
2. Term of Lease.
The term of this Lease shall run concurrently with the term of the Management
Agreement between the parties, provided that the term shall not exceed five (5) years. If such
30
Agreement expires or is terminated, then this Lease shall automatically terminate without any
further notice.
3. Use of Leased Area and Licensed Area
Contractor shall use the Leased and licensed area only for the purpose of the Work
described in the Management Agreement.
4. Condition of Leased Area.
Contractor acknowledges that the Leased Area is being delivered to Contractor in an AS
IS condition and that Contractor is solely responsible for having examined and investigated such
Leased Area to be sure the Leased Area is suitable for the purposes that Contractor intends to use
the Leased Area for the Work.
5. Imnrovements to Leased Area.
Contractor agrees that prior to Contractor doing any work in the Leased Area or
beginning any other improvements that Contractor places in the Leased Area, Contractor will
submit plans and drawings or a description of any such items to the Department of the City
Engineer and any other required City official for review and approval and will not proceed with
any such actions until such prior review and written approval has been obtained.
6. Comnliance with Laws.
Contractor agrees to comply with all applicable city, state, and federal laws,
ordinances, regulations, statutes, and codes, including all relevant zoning, building,
environmental, and safety codes, in connection with any construction, maintenance,
improvements.
7. Maintenance of and Failure to Maintain Leased Area.
Contractor shall be solely and fully responsible for setting up, maintaining, cleaning,
operating, providing security (such costs to be an Operating Expense under the Agreement) and
otherwise being in charge of the Leased Area. However, should Contractor fail to properly and
timely maintain the Leased Area and/or provide any of the other items as required by this Lease
and/or the above-mentioned Agreement the City may provide for such maintenance andlor items
as an Operating Expense under the Contract.
8. Utilities.
The City shall furnish and pay for all electricity, gas, and water utilities. Anything herein
to the contract not withstanding, the City shall not be liable or responsible for any failure to
furnish the services set forth above occasioned by strike or other work stoppage, federal, state, or
31
local government action, breakdown, or failure of apparatus, equipment or machinery employed
in supplying the above referenced utilities.
9. Return of Leased Area.
Contractor agrees that upon the expiration and/or termination of this Lease, or any
extensions thereof, that Contractor will vacate the Leased Area and return the Leased Area to the
City in as good a condition as it was at the start of the Lease, ordinary wear excepted. All
permanent improvements to the Leased Area by the Contractor will become the property of the
City, upon such termination or expiration of this Lease. Contractor shall be responsible and
liable to the City for any damage caused to the Leased Area andlor the Facility by its vacation of
the same.
10. Securit-x.
Contractor agrees to be responsible for provision of security for the Leased
Area. This includes providing for such measures as may be needed the cost of which shall be an
Operating Expense under the Agreement.
11. No Dama2e to Leased Area.
Contractor agrees not to and shall not commit or permit any act which results in any
wasting or damage to the Leased Area. Should any such waste or damage occur, the Contractor
will repair and/or replace all damaged items or areas to the satisfaction of the City, or, at the
City's option, pay the City the reasonable cost of the City having such work performed.
12. Responsibilitv for Leased Area.
Contractor agrees that Contractor shall insure against any and all damages to the Leased
Area due to Contractor's use and/or for any and all other claims arising from such use and/or
Contractor's actions or omissions, including, but not limited to, any damages to vehicles, any
loss of personal property, any personal injuries, and any other)njuries or damages of any type.
13. Protection of Leased Area.
Contractor agrees that if Contractor breaches any of the provisions of this Lease,
the City may take any actions necessary to protect and/or maintain the Leased Area and that
Contractor will pay the City all damages, costs, and expenses, including attorney's fees, incurred
by the City for such actions.
14. Risk of Loss.
Contractor shall maintain the insurance described in Article 15 and Exhibit B of this
Agreement. Also, notwithstanding anything herein to the contrary, City shall not be liable for any
direct, consequential, incidental, or any other damages incurred by Contractor due to any
32
malfunction, vandalism, acts of God (including, without limitation, lightning, wind, rain, flood,
hail, fire or storms) lack of electricity, lack of air conditioning, lack of heat, or any other damages
resulting from any reason whatever to the Leased Area or licensed areas or arising out of or
resulting from any use of the Leased Area or licensed areas by the Contractor.
15. Entry on the Property bv the City.
The City shall have the right to enter the Leased Area for the purpose of inspection at any
reasonable time or times during the term of this Lease, provided however, that such inspections
shall not unreasonably interfere with the Contractor's use and occupancy of the Leased Area.
16. City's Limitation of Liability.
The City shall not be responsible for any defect or change in the condition of the Lease
Area or for any resulting damage or injury to any person or property occurring in the Leased Area
or for any damages or loss of any of the parts or other items in the Leased Area.
17. Environmental.
A. Contractor represents, warrants and agrees that: (a) Contractor shall permit no
installation or placement of Hazardous Material in the Leased Area or Licensed Area in violation
of Environmental Laws; (b) Contractor shall permit no release of Hazardous Material onto or
from the Leas~d Area; (c) Contractor shall cause the Leased Area and Licensed Area to comply
with Environmental Laws and be free and clear of any liens imposed pursuant to Environmental
Laws; (d) all Leases, permits and other governmental or regulatory actions necessary for the
Leased Area to comply with Environmental Laws (the "Permits") shall be obtained and
maintained by Contractor and Contractor shall assure compliance therewith; and (e) Contractor
shall give City prompt written notice if Contractor receives any notice with regard to Hazardous
Material on, from or affecting the Leased Area and shall conduct and complete all investigations
and all cleanup actions necessary to remove, in accordance with Environmental Laws, such
Hazardous Material from the Leased Area.
B. City shall have the right at any time during the term of this Lease, whether before or
after default, to conduct or cause to be conducted an environmental inspection or audit of the Leased
Area by itself or by a qualified environmental consultant or engineer selected by the City; and
Contractor hereby grants to City and its employees, agents, and independent contractors (hereinafter
collectively called "City and its Representatives"), the right to enter the Leased Area upon
reasonable notice for the purpose of conducting, whether before or after default, any inspection, audit
or tests, making soil borings, extracting samples, installing monitoring wells, and conducting such
other procedures as City and/or its Representatives deem necessary or desirable in connection with
such inspection or audit. At any time during the term of this Lease, provided City has a reasonable
basis for doing so, City may require Contractor to cause to be performed as an Operating Expense
under the Agreement, for the benefit of Contractor and City, an inspection or audit of the Leased
Area by an environmental consultant or engineer approved by the City, and Contractor shall furnish
to City, at no cost to City, the written inspection or audit report certifying as to the presence or
33
absence of Hazardous Material on, at, or under the Leased Area. All inspection reports may be
submitted to governmental entities or agencies as requested or as may be required by law or
regulations.
C. Contractor shall indemnify and hold harmless City, its offices, employees, and
agents from and against all losses, expenses (including, without limitation, attorneys' fees) and
claims of every kind suffered by or asserted against the City as a direct or indirect result of
Contractor violating the provisions of Section 17.A above The indemnity and hold harmless
obligation of Contractor to City under this paragraph includes losses, expenses, (including, without
limitation, attorneys' fees) and claims caused by the negligent action or inaction or the willful
misconduct, or the Contractor or its agents, employees, or business invitees (not including event
patrons or licensees/promoters) on or near the Leased Area. Notwithstanding anything to the
contrary contained in this Section 17, Contractor's liability under this Section 17 (and specifically
this Section C) shall be limited to claims, costs or damages caused by Contractor, its employees,
agents, or business invitees (as opposed to event patrons or licensees/promoters) or others for whom
Contractor is legally responsible.
D. "Hazardous Material" means polychlorinated biphenyls, petroleum, flammable
explosives, radioactive materials, asbestos and any hazardous, toxic or dangerous waste,
substance or material defined as such in (or for purposes of) Environmental Laws or listed as
such by the Environmental Protection Agency. "Environmental Laws" means any current or
future federal, state or local law, regulation or ruling applicable to environmental conditions on,
under or about the Leased Area including, without limitation, the Comprehensive Environmental
Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the
Toxic Substances Control Act, the Clean Water Act and the Chesapeake Bay Preservation Act.
Contractor's obligations under this section shall survive the expiration or termination of this
Lease.
18. Shms.
Contractor shall have no right to install or erect in the Leased Area any signs, antennas or
other equipment or device without the prior written consent of City, which consent shall not be
unreasonably withheld.
19. Ri2hts Cumulative.
All rigpts, powers, and privileges conferred hereunder upon the City to enforce this Lease
shall be cumulative, and are in addition to and not restrictive to those given by law.
20. Lease Part of Contract.
This Lease is made a part of the Management Agreement between the parties
and is also subject to the terms and conditions of such Agreement.
34
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
OFFICE OF ECONOMIC DEVELOPMENT
117 CHRUCH AVE
ROANOKE VA 24011
REFERENCE: 80084300
11171633
NPH-Lease/Space Civi
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~~nia. Sworn and subscribed before me this
__J~~day of Nov 2008. Witness my hand and
official seal.
~~~ ~_~ Notary Public
My x~i;t~~tt~~=~_U)~~JLL___'
PUBLISHED ON:
11/08
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TOTAL COST:
FILED ON:
221.52
11/08/08
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r --NOTICE OF PUBLIC .
I "EARING !
\ The City of Roanoke
proposes to ,lease
approximately 7,484 square
feet of office space to Global
Spectrum, LP as part of a
proposed management
agreement for the operation
and management of the
Roanoke Civic Center,
located at 710 Williamson
Road, Roanoke, Virginia,
designated as Official Tax
Map No, 3024004, fora
term of five years. The
i leased space consists of the
: following: EXHIBIT HALL:!
Rooms B. and C - Total 5541
square feet.; ANNEX
j BUILDING: Rooms 321, 322,'
I 323A, 323B, 324, 325, 301,)
I 302, 303, 304, 318, 319,;
i 311, 312, 313, 314, 315,
, 316 - Total 3482 square
feet; COLISEUM CONCOURS~
LEVEL: Rooms A, B, C, D, GI
H, I, J -Total 2556 square
feet: COLISEUM LOWER,
LEVEL: Rooms A, B, C - 892
I square feet., . I
Pur sua n t tot h e,
r e qui rem e n is o'f\
9915.2-1800 and 1813,
Code of Virginia (1950), as,
amended, notice is hereby I
given that the City Council of I
, the City of Roanoke will hold I
a public hearing on the;
above matter at itsregulali
meeting to be held on,
November 1.7, 2008,
commencing at 7:00 p,m., in
the Council Chambers of the
Noel C. Taylor Municipal,
Building, located at 215]
Church Avenue, S.W",
Roanoke, Virginia 24011: I
Citizens shall have the:
\ opportunity t? be ~e.ard andi
I express thell opinIOns on)
Ithis matter, "'1
If you are a person Withal
Idisability who needs
,accommodations for this
,'hearing, please contact thej
I City Clerk's Office at (540)['
,853-2541, before 12:00,
I ncion on Thursday, November,
13, 2008. , '1
GIVEN under my hand this
6th'day of November,. 2008. !
Stephanie M. Moon, CMC,
City Clerk
{(11171633), ,
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
Billing Services Representative
wt\~
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to lease approximately 7,484 square feet of office space to
Global Spectrum, LP as part of a proposed management agreement for the operation and
management of the Roanoke Civic Center, located at 710 Williamson Road, Roanoke, Virginia,
designated as Official Tax Map No. 3024004, for a term of five years. The leased space consists
of the following: EXHIBIT HALL: Rooms B, and C - Total 554 square feet.; ANNEX
BUILDING: Rooms 321, 322, 323A, 323B, 324, 325, 301, 302, 303, 304, 318, 319, 311, 312,
313,314,315,316 - Total 3482 square feet; COLISEUM CONCOURSE LEVEL: Rooms A, B,
C, D, G, H, I, J - Total 2556 square feet; COLISEUM LOWER LEVEL: Rooms A, B, C - 892
square feet.
Pursuant to the requirements of 9915.2-1800 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 November 17, 2008,
commencing at 7:00 p.m., in the Council Chambers of the Noel C. Taylor Municipal Building,
located at 215 Church Avenue, S.W., Roanoke, Virginia 24011.
Citizens shall have the opportunity to be heard and express their opinions on this matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, November
13,2008.
GIVEN under my hand this ~ day of November
,2008.
City Clerk
,! .,
_ _~.i
N-Literacy Volunteers lease 5-7-07
Notice to Publisher:
Publish in the Roanoke Times on Saturday, November 8, 2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
N-Literacy Volunteers lease 5-7-07
Send bill to:
Brian Brown
Economic Development Administrator
117 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2715