HomeMy WebLinkAboutCouncil Actions 08-17-09
38564-081709
PRICE
ROANOKE CITY COUNCIL
REGULAR SESSION
AUGUST 17, 2009
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. All Present.
The Invocation was delivered by The Reverend James D. Thomas, Pastor,
Raleigh Court United Methodist 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:
Today's Council meeting will be televised live and replayed on RVTV Channel 3 on
Thursday, August 20 at 7:00 p.m., and Saturday, August 22 at 4:00 p.m. Council
meetings are offered with closed captioning for the hearing impaired.
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.
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THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL
AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO
ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE' AT
WWW.ROANOKEVA.GOV.CLlCKONTHESERVICEICON.CLlCK ON COUNCIL
AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING. IF
ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO DOWNLOAD
PRIOR TO VIEWING AGENDA INFORMATION.
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT.
SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY
COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR
ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS
WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS
BEEN RECEIVED BY THE CITY CLERK'S OFFICE.
ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL THE
CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER
WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER
PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL
MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF
SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA
ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH;
HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL
BE ALLOTTED THREE MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED
AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT
THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT
WWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE.
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.
The following individuals appeared before the Council: Chris Craft, Evelyn
Bethel, Helen Davis, Robert Gravely, Colonel Robert Craig, and Clay Dawson.
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A Freedom of Information Act request from Colonel Craig was referred to the
City Manager.
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 meeting of Council held on Monday, May 4, 2009,
recessed meeting held on Thursday, May 7,2009 and continued recessed meeting
held on Monday, May 11,2009.
RECOMMENDED ACTION: Dispensed with the reading ofthe minutes and
approved as recorded.
C-2 ! A communication from the City Manager requesting that Council convene in
a Closed Meeting to discuss the disposition of publicly-owned property, where
discussion in open meeting would adversely affect the bargaining position or
negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code
of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C-3 A communication from the City Manager requesting that Council convene in
a Closed Meeting to discuss of the award of a public contract involving the
expenditure of public funds, and to discuss of the terms or scope of such contract,
where discussion in an open session would adversely affect the bargaining position
or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(29),
Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C-4 A communication from the City Attorney requesting that Council convene in a
Closed Meeting to consult with legal counsel on a specific legal matter requiring the
provision of legal advice by such counsel, pursuant to Section 2.2-3711 (A)(7),
Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
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C-5 A communication from the Director of Finance requesting that Council
schedule a public hearing for Tuesday, September 8,2009, at 2:00 p.m., or as soon
thereafter as the matter may be heard, authorizing the issuance of General
Obligation Public Improvement Bonds for various public improvement projects.
RECOMMENDED ACTION: Concurred in the request.
C-6 Reports of qualification of Thomas L. McKeon as a member of the Roanoke
Arts Commission, to fill the unexpired term of Kris Pedelty ending June 30, 2010;
and Gilbert E. Butler, Jr., as a Commissioner of the Roanoke Redevelopment and
Housing Authority, Board of Commissioners, for a term of three years ending
August 31, 2012.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS:
a. A joint communication from Mayor David A. Bowers and Council Member
M. Rupert Cutler requesting authorization for the City Manager to reinstate
funds to the Greenway Commission; and to provide $25,000.00 in support of
the Norfolk Southern challenge grant for the Virginia Museum of
Transportation.
The City Manager was directed to disburse $31,720.00 in connection
with the items as noted above.
b. A communication from the Commonwealth's Attorney recommending
acceptance of the Victim/Witness Program Grant; a communication from the
City Manager concurring in the recommendation; and transfer and
appropriation of funds.
Adopted Resolution No. 38564-081709 and Budget Ordinance No.
38565-081709. (7-0)
7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY
MANAGER:
a. CITY MANAGER:
BRIEFINGS: NONE.
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ITEMS RECOMMENDED FOR ACTION:
1. Acceptance of the Western Virginia Workforce Development Board's
Workforce Investment Program funding; and appropriation of funds.
. Adopted Resolution No. 38566-081709 and Budget Ordinance No.
38567-081709. (7-0)
I
2. Acceptance of Virginia Department of Historic Resources Certified
Local Government Grant to support a three-day Window Restoration
College Workshop.
Adopted Resolution No. 38568-081709. (7-0)
3. Acceptance of the National Trust for Historic Preservation Grant to
support a three-day Window Restoration College Workshop.
Adopted Resolution No. 38569-081709. (7-0)
4. Acceptance and appropriation of funds in connection with the Office
of Community Oriented Policing Services (COPS) Hiring Recovery
Program.
Adopted Resolution No. 38570-081709 and Budget Ordinance No.
38571-081709. (7-0)
5. Acceptance and appropriation of funds in connection with the
"Virginia Services, Training, Officers, Prosecution Violence Against
Women" (V-STOP) Grant.
Adopted Resolution No. 38572-081709 and Budget Ordinance No.
38573-081709. (7-0)
6. Execution of Amendment No.3 to the Intergovernmental Agreement
between the City of Roanoke and Roanoke County for the joint Public
Safety Radio System.
Adopted Ordinance No. 38574-081709. (7-0)
7. Authorization to file an application to amend the Institutional Planned
Unit Development District (INPUD) Plan for property located at 2815
Spessard Avenue, S. W., to allow for construction of a gymnasium at
Grandin Court Elementary School.
Adopted Ordinance No. 38575-081709. (7-0)
8. Execution of a Memorandum of Understanding between the City of
Roanoke and the Roanoke City School Board for purchase of motor
fuels from the City.
Adopted Ordinance No. 38576-081709. (7-0)
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9. Execution of a School Playground Maintenance and Inspection
Agreement between the City of Roanoke and the Roanoke City
School Board.
Adopted Ordinance No. 38577-081709. (7-0)
COMMENTS BY CITY MANAGER.
The City Manager commented about the celebration of diversity by ethnic
groups in Century Plaza.
b. CITY ATTORNEY:
1. Amendment of the City Code with regard to a graffiti abatement
ordinance.
Adopted Ordinance No. 38578-081709. (7-0)
8. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation offunds
to various program accounts; and a report of the Director of Finance
recommending that Council concur in the request. Vivian Penn- Timity,
Director of Accounting, Spokesperson.
Adopted Budget Ordinance No. 38579-081709. (7-0)
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS:
a. A resolution in opposition of the closing or consolidation of post offices in the
Roanoke area.
Adopted Resolution No. 38580-081709. (7-0)
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
Vice-Mayor commented about the annual "Pep Rally" celebration of the
Western Virginia Football Classic which was held on Friday, August 14
in Elmwood Park.
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Council Member Price announced the upcoming of Blessing of Schools
on August 30 at Patrick Henry High School at 4:00 p.m.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council. None.
The Council meeting was declared in recess at 3:55 p.m., for Closed Meeting
in the Council's Conference Room, Room 451.
The Council meeting reconvened in the Council Chamber, Room 450, at
6:01 p.m.
CERTIFICATION OF CLOSED MEETING. (7-0)
THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED
AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR
MUNICIPAL BUILDING.
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ROANOKE CITY COUNCIL
REGULAR SESSION
AUGUST 17, 2009
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--RolI Call. Vice-Mayor Lea, and Council Members
Price and Trinkle arrived late.
The Invocation was be 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:
Tonight's Council meeting will be televised live and replayed on Channel 3 on
Thursday, August 20 at 7:00 p.m., and Saturday, August 22 at 4:00 p.m. Council
meetings are offered with closed captioning for the hearing impaired.
A. PUBLIC HEARINGS:
1. Proposal of the City of Roanoke to grant a conservation easement to the
Virginia Outdoors Foundation and the Western Virginia Land Trust covering
approximately 5,178 acres at the Carvins Cove Natural Reserve. Darlene L.
Burcham, City Manager.
Adopted Ordinance No. 38581-081709. (7-0)
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B. OTHER BUSINESS:
J
Petition for Appeal filed by Kinzer and Carolyn Otterman appealing the
decision of the Architectural Review Board in connection with property
located at 601 Allison Avenue, S. W.
Reversed decision of the Architectural Review Board.
1.
C. 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.
The following individuals appeared before the Council in connection with the
merger of Inner-City Athletic Association (ICAA) with Region I: Cynthia Allen,
Jerome Stephens, Joe Ferrell, Kiann Trent, Howard Highlander, Robert
Gravely, Sandra Bond, Howard Tucker, Geraldine Reid, and Clay Dawson.
Council voted for ICAA to merger with Region I. (5-1, Mayor Bowers voting
no; and Council Member Price abstaining from voting.)
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CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva.gov
August 17, 2009
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for closed meeting
Dear Mayor Bowers and Council Members:
This is to request that City Council convene a closed meeting to discuss the
disposition of publicly-owned property, where discussion in an open meeting
would adversely affect the bargaining position or negotiating strategy of the
public body, pursuant to 92.2-3711.A.3, Code of Virginia (1950), as amended.
Respectfully submitted,
Darlene L. Burc
City Manager
DLB/lsc
c: William M. Hackworth, City Attorney
Ann Shawver, Director of Finance
Stephanie M. Moon, City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
August 17, 2009
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Subject: Request for closed meeting
Dear Mayor Bowers and Council Members:
This is to request that City Council convene a closed meeting for
the discussion of the award of a public contract involving the expenditure
of public funds, and discussion of the terms or scope of such contract,
where discussion in an open session would adversely affect the
bargaining position or negotiating strategy of the public body, pursuant
to 9 See. 2.2-3711.A.29, of the Code of Virginia (1950), as amended.
Respectfully submitted,
Darlene L. Burc
City Manager
DLB/lsc
c: William M. Hackworth, City Attorney
Ann Shawver, Director of Finance
Stephanie M. Moon, City Clerk
CITY OF ROANOKE
OFFICE OF CITY ATIORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
WILLIAM M. HACKWORTH
CITY ATTORNEY
TELEPHONE: 540-853-2431
FAX: 540-853-1221
EMAIL: cilyatly@roanokeva.gov
TIMOTHY R. SPENCER
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
HEATHERP. FERGUSON
ASSISTANTCJTY AlTORNEYS
August 17, 2009
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for closed meeting
Dear Mayor Bowers and Council Members:
This is to request that City Council convene a closed meeting for consultation with legal
counsel on a specific1egal matter requiring the provision oflega1 advice by such counsel, pursuant to
S2.2-371 LA.7, Code of Virginia (1950), as amended.
With kindest personal regards, I am
Sincerely yours,
~~.~
William M. Hackworth
City Attorney
WMH/1sc
c: Darlene L. Burcham, City Manager
Ann Shawver, Director of Finance
Stephanie Moon, City Clerk
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 461
PO Box 1220
Roanoke, Virginia 24011-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER, CPA
Director of Finance
August 17, 2009
Honorable David A. 'Bowers, Mayor
Honorable Sherman P. Lea, Vice-Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Subject: Public Hearing Request
Dear Mayor Bowers and Members of City Council:
Pursuant to the requirements of the Code of Virginia, the City of Roanoke is
required to hold a public hearing on the issuance of general obligation public
improvement bonds for various public improvement projects. To provide
funding for projects included in the City's Capital Improvement Program, a
public hearing is requested on the amounts as listed below:
Purpose
Amount
Public Schools
Roanoke River Flood Reduction Project
Parks and Recreation
Amphitheater
Public Bridges
Curbs, Gutter and Sidewalk Improvements
$2,500,000
1,455,000
6,740,000
1 ,200,000
1,050,000
1 ,000,000
$13,945,000
j'; ; : ~~li?'~-i!-!:: oe - __
Honorable Mayor and Members of Council
August 17, 2009
Page 2
Recommendation:
City Council approve that a public hearing be 'advertised on this matter for
Council's regular meeting to be held on Tuesday, September 8, 2009 at 2:00
p.m. A full report will be included in the September 8, 2009 agenda material
for your consideration.
Respectfully submitted,
fQJ6~
Ann H. Shawver
Director of Finance
c: Stephanie M. Moon, City Clerk
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Sherman M. Stovall, Director of Management and Budget
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August 19, 2009
Susan Jennings
Public Arts Coordinator
Roanoke, Virginia 24015
Dear Ms. Jennings:
This is to advise you that Thomas L. McKeon has qualified as a member of the Roanoke
. Arts Commission to fill the unexpired term of Kris Pedelty ending June 30, 2010.
Sincerely,
~h1. hJOo...J
Stephanie M. Moon, CMC
City Clerk
pc: Mr. Thomas L. McKeon, 3350 One Oak Road, S. W., Roanoke, Virginia
24018
Melissa Murray, Recording Secretary, Roanoke Arts Commission
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Thomas L. McKeon, do solemnly affirm that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as a member of the Roanoke
Arts Commission, to fill the unexpired term of Kris Pedelty ending June 30,
2010, according to the best of my ability (So help me God).
~ <J[ 'ttAc(~
Subscribed and sworn to before me this 3~ day of ~ 2009.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BY~~~
, CLERK
K:\oath and leaving service\Arts Commission\Thomas L. McKeon oath JW1e 30 20 I O.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-II45 .
E-mail: clerk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
August 19, 2009
Mr. Gilbert E. Butler, Jr.
3406 Exeter Street, S. W.
Roanoke, Virginia 24014
Dear Mr. Butler:
At a regular meeting of the Council of the City of Roanoke, which was held on Monday,
August 3,2009, you were reappointed as a Commissioner of the Roanoke Redevelopment.
and Housing Authority, Board of Commissioners, for a term of four years ending
August 31,2013, instead of a three year term.
Enclosed you will find another Certificate of your reappointment and an Oath or Affirmation
of Office which should be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
. reappointed.
Sincerely,
~11t, mhlNJ
Stephanie M. Moon, CMC "-
City Clerk
Enclosures
pc: Glenda Edwards, Executive Director, Roanoke Redevelopment and
Housing Authority, P. O. Box 6459, Roanoke, Virginia 24017-0359
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Stephanie M. Moon, Acting City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of
the Council of the City of Roanoke, which was held on the third day of August 2009,
GILBERT E. BUTLER, JR., was reappointed as a Commissioner of the Roanoke
Redevelopment and Housing Authority, Board of Commissioners, for a term of four years
ending August 31, 2013.
Given under my hand and the Seal of the City of Roanoke this nineteenth day of
August 2009.
~.~
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
. 215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August 19, 2009
Katie L. Drewery, Secretary
Roanoke Redevelopment and Housing Authority
Board of Commissioners
P. O. Box 6459
Roanoke, Virginia 24017-0359
Dear Ms. Drewery:
This is to advise you that Gilbert E. Butler, Jr., has qualified as a Commissioner of the
Roanoke Redevelopment and Housing Authority, Board of Commissioners, for a term of
three years ending August 31,2012.
Sincerely,
~~m. Yr]o~
Stephanie M. Moon, CMC
City Clerk
pc: Glenda Edwards, Executive Director, Roanoke Redevelopment and Housing
Authority, P. O. Box 6459, Roanoke, Virginia 24017-0359
Gilbert E. Butler, Jr., 3406 Exeter Street, S. W., Roanoke, Virginia 24014
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Gilbert E. Butler, Jr., 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
Commissioner of the Roanoke Redevelopment and Housing Authority, Board of
Commissioners, for a term of three years ending August 31,2012, according to the best of
my ability (So help me God).
Subscribed and sworn to before me this Ji!!day of ~. 2009.
BRENDA S. HAMILTON, CLERK OF CIRCUIT COURT
CLERK
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August 19, 2009
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of a joint communication from Mayor David A. Bowers. and Council
Member M. Rupert Cutler directing the City Manager to disburse $31,720.00 in
connection with $6,720.00 for the City's share of payments to the Greenway
Commission for FY09-10; and $25,000.00 in response to the Norfolk Southern
challenge grant for the Virginia Museum of Transportation.
On motion, duly seconded and unanimously adopted, the Council concurred in the
recommendation.
Sincerely,
~t'r7. hJu,w
Stephanie M. Moon, CMC
City Clerk
Attachment
pc: Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S. w., SUITE 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
DAVID A. BOWERS
Mayor
August 17,2009
Honorable Sherman P. Lea, Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Vice-Mayor Lea and Ladies and Gentlemen:
The City Manager reports that there remains in the budget balancing
contingency for this present fiscal year 2009-10 the sum of $66,133.00 as of
August 5, 2009. You may recall that the figure was over $269,000.00, but
much of that was used in the opening of the two pools this summer. .
Of the remaining $66,133.00, we would suggest disbursements' of the
following:
1. $6,720.00 for the City's share of payments to the Greenway Commission
for FY09-1 O.
2. $25,000.00 in response to the Norfolk Southern challenge grant for the
Virginia Museum of Transportation.
This leaves $34,413.00 for which Council has yet to designate its use.
Dr. Cutler will move that the City Managerbe directed to disburse $31,720.00
as noted above these appropriations at,the upcoming meeting of Council on
August 17, 2009. Accordingly, we ask that this letter be placed in the
appropriate part of the agenda for your consideration.
Sincerely,
Sj)'X~
David A. Bowers
Mayor
M. Rupert Cutler
Council Member
DAB:MRC:ew
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
CECELlA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August 19, 2009
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38565-081709 appropriating funding from
the. Commonwealth of Virginia for the Victim Witness Program Grant, and amending
and reordaining certain sections of the 2009-2010 Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17, 2009; and is in full force and effect upon its
passage.
Sincerely,
~tn. httJ~
Stephanie M. Moon, CMC
City Clerk
Attachment
pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Sherman M. Stovall, Director, Management and Budget
tf
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2009.
No. 38565-081709.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for
the Victim Witness Program Grant, amending and reordaining certain sections of the 2009-
2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Regular Employee Salaries
City Retirement
ICMA Retirement
FICA
Medical Insurance
Dental Insurance
Life Insurance
Disability Insurance
Telephone
Administrative Supplies
Dues and Memberships
Training and Development
Travel
Postage
Revenues
Victim Witness FY10 - State
Victim Witness FY10 - Local Match
35-150-5126-1002
35-150-5126-1105
35-150-5126-1115
35-150-5126-1120
35-150-5126-1125
35-150-5126-1126
35-150-5126~1130
35-150-5126-1131
35-150-5126-2020
35-150-5126-2030
35-150-5126-2042
35-150-5126:2044
35-150-5126-2144
35-150-5126-2160
35-150-5126-5126
35-150-5126-5127
$ 97,949
9,356
3,355
7,750
15,120
843
804
275
850
2,532
75
2,335
359
2,900
115,117
29,386
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
. Q+-t A fA ,yYj. M6~
1~~YClerk. "-
STEPHANIE M. MOON, CMC
City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
August 19, 2009
CECELIA T. WEBB
Assistant Deputy City Clerk
I am attaching copy of Resolution No. 38564-081709 authorizing acceptance from the
Virginia Department of Criminal Justice. Services, the VictimlWitness Program Grant
#10-P8554VW09, in the amount of $115,117.00, with a local match of $29,386.00, to
allow the VictimlWitnessAssistance Program to continue from July 2009 through June
2010.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17, 2009.
Attachment
Sincerely,
~h1.~
Stephanie M. Moon, CMC
City Clerk
pc: The Honorable Donald M. Caldwell, Commonwealth's Attorney
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
--'1/'
~..~; t/I;::::>
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of..August, 2009.
No. 38564-081709.
A RESOLUTION authorizing .acceptance of the Victim/Witness Program Grant #10-
P8554VW09 to the City of Roanoke by the Virginia Department of Criminal Justice Services,
and authorizing execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council ofthe City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to accept from the
Virginia Department of Criminal Justice Services, the Victim/Witness Program Grant #10-
P8554VW09 in the amount of $115,117, with a local match of $29,386, to allow the
Victim/Witness Assistance Program to continue from July 2009, through June 2010. The grant
is more particularly described in the letter of the City Manager to Council, dated August 17,
2009.
2. The City Manager is hereby authorized to execute and file, on behalf of the City,
any documents setting forth the conditions of the grant in a form approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information as
may be required in connection with the acceptance of the foregoing grant.
ATTEST:
~ rr,. Y1jb/JnJ
City Clerk
K\Timlmeasures\R-Victim Witness grant.8-1O-09.doc
0r4r40NWEALTI+ OF VIRGINI
G ~'O, J\.
..~~~
AREA CODE 540 TEL No. 853-2626
FAX 853-1201
DONALD S. CALDWELL
COMMONWEALTH'S ATTORNEY
CITY OF ROANOKE
OFFICE OF THE COMMONWEALTH'S ATTORNEY
315 CHURCH AVENUE
ROANOKE, VIRIGNIA 24016
August 17, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice-Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, 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:
Acceptance of the Victim Witness
Program Grant
Background:
The Victim/Witness Assistance Program has been awarded a twelve month $115,117 grant
(#1 0-P8554VW09) for July 2009, through June 2010. The grant from the Department of
Criminal Justice Services (DCJS) will allow the Victim/Witness Assistance Program to
continue to provide comprehensive information and direct services to crime victims and
witnesses in accordance with the Virginia Crime Victim and Witness Rights Act.
The VictimlWitness Program continues to operate with a full-time coordinatorforthe Circuit
Court, as well as one full-time assistant for the Juvenile and Domestic Relations Court and
one full-time assistant for the General District Court.
The Victim/Witness Program is coordinated by the Office of the Commonwealth's Attorney.
~
Considerations:
The cost to the City for the grant would be $29,386 as a local cash match for a total grant
budget of $144,503. The local cash match is equal to that of FY 2008-2009. This local
cash match is included in the General Fund FY 2009-201 0 adopted budget in the Transfer
to Grant Fund account (01-250-9310-9535).
Recommendations:
Accept the VictimlWitness Grant #1 0-P8554VW09 of $115,117 with the City of Roanoke
providing $29,386 as a local cash match from the funding provided in the Transfer to Grant
Fund account.
Authorize the City Manager to sign and execute all appropriate documents, approved as to
form by the City Attorney, to obtain Grant #1 0-P8554VW09.
Adopt the accompanying budget ordinance to establish revenue estimates of $115,117 in
state grant funds and $29,386 in local match in the Grant fund, to transfer local match
totaling $29,386 from the General Fund and to appropriate funding totaling $144,503 as
outlined on Attachment A in accounts to be established in the Grant Fund by the Director of
Finance.
Donald S. Caldwell
Commonwealth's Attorney
DSC:jsl
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Stephanie M. Moon, City Clerk
Victim Witness Coordinator
ATTACHMENT A
PROGRAM BUDGET
1002 . Regular Employee Salaries $ 97,949
1105 City Retirement $ 9,356
1115 ICMA Retirement $ 3,355
1116 ICMA Match $ 0
1120 FICA $ 7,750
1125 Medical Insurance $ 15,120
1126 Dental Insurance $ 843
1130 Life Insurance $ 804
1131 Disability Insurance $ 275
2020 Telephone $ 850
2030 Administrative Supplies $ 2,532
2042 Dues/Membership $ 75
2044 Training and Development $ 2,335
2144 Travel $ 359
2160 Postage $ 2,900
TOTAL $144,503
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
August 17, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Acceptance of the Victim Witness
Prog ram Grant
I concur with the recommendation from Donald S. Caldwell, Commonwealth's
Attorney for the City of Roanoke, with respect to the subject reference above. I
recommend that City Council accept the Victim/Witness Grant #1 0-P8554VW09 of
$115,117 with the City of Roanoke providing $29,386 as a local cash match from
the funding provided in the Transfer to Grant Fund account.
Respectfully submitted,
Darlene L. Burc
City Manager
DLB:jb
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
C009-00003
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
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August 20, 2009
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38567-081709 appropriating funding from
the Federal government's American Reinvestment and Recovery Act (ARRA) through
the Commonwealth of Virginia for the Workforce Investment Act (WIA); and amending
and reordaining certain sections of the 2009-2010 Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17,2009; and is in full force and effect upon its
passage.
Sincerely,
~m,.~
Stephanie M. Moon, CMC
City Clerk
Attachment
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Sherman M. Stovall, Director, Management and Budget
Jane R. Conlin, Director, Human Services
o
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2009.
No. 38567-081709.
AN ORDINANCE to appropriate funding from the Federal government's American
Reinvestment and Recovery Act (ARRA) through the Commonwealth of Virginia for the
Workforce Investment Act (WIA), amending and reordainingcertain sections of the 2009-
2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows: .
Appropriations
ARRA WIA FY09 Administrative - Reg Wages
ARRA WIA FY09 Administrative - Retirement
ARRA WIA FY09 Administrative - FSA Match
ARRA WIA FY09 Administrative - FICA
ARRA WIA FY09 Administrative - Medical Ins
ARRA WIA FY09 Administrative - Dental Ins
ARRA WIA FY09 Administrative - Life Ins
ARRA WIA FY09 Administrative - Disability Ins
ARRA WIA FY09 Administrative - Training
ARRA WIA FY09 Administrative - Marketing
ARRA WIA FY09 Administrative - Supplies
ARRA WIA FY09 Administrative - Contract Svcs
ARRA WIA FY09 Administrative - Equipment
ARRA WIA FY09 Adult - Reg Wages
ARRA WIA FY09 Adult - Retirement
ARRA WIA FY09 Adult - FICA
ARRA WIA FY09 Adult - Medical Ins
ARRA WIA FY09 Adult - Dental Ins
ARRA WIA FY09 Adult- Life Ins
ARRA WIA FY09 Adult - Disability Ins
ARRA WIA FY09 Adult - Marketing
ARRA WIA FY09 Adult -Contract Svcs
ARRA WIA FY09 Adult - Equipment
ARRA WIA FY09 Dislocated - Reg Wages
ARRA WIA FY09 Dislocated - Retirement
35-R09-0943-1002
35-R09-0943-1105
35-R09-0943-1118
35-R09-0943-1120
35-R09-0943-1125
35-R09-0943-1126
35-R09-0943-1130
35-R09-0943-1131
35-R09-0943-2044
35-R09-0943-8053
35-R09-0943-8055
35-R09-0943-8057
35-R09-0943-8059
35-R09-0944-1002
35,.R09-0944-1105
35-R09-0944-1120
35-R09-0944-1125
35-R09-0944-1126
35-R09-0944-1130
35-R09-0944-1131
35-R09-0944-8053
35-R09-0944-8057
35-R09-0944-8059
35-R09-0945-1002
35-R09-0945-1105
$51,685
7,959
140
3,954
. 5,389
302
837
146
2,000
2,000
500
26,595
500
1,758
271
135
120
7
15
5
2,000
153,485
686
1,758
271
ARRA WIA FY09 Dislocated - FICA
ARRA WIA FY09 Dislocated - Medical'ns
ARRA WIA FY09 Dislocated - Dental Ins
ARRA WIA FY09 Dislocated - Life Ins
ARRA WIA FY09 Dislocated - Disability Ins
ARRA WIA FY09 Dislocated - Marketing
ARRA WIA FY09 Dislocated - Contract Svcs,
ARRA WIA FY09 Dislocated - Equipment
ARRA WIA FY09 Youth In School- Reg Wages
ARRA WIA FY09 Youth In School- Retirement
ARRA WIA FY09 Youth In School- FICA
ARRA WIA FY09 Youth In School- Medical Ins
ARRA WIA FY09 Youth In School- Dental Ins
ARRA WIA FY09 Youth In School- Life Ins
ARRA WIA FY09 Youth In School- Disability Ins
ARRA WIA FY09 Youth In School- Marketing
ARRA WIA FY09 Youth I n School - Contract Svcs
ARRA WIA FY09 Youth In School- Equipment
ARRA WIA FY09 Youth Out of School- Reg Wages
ARRA WIA FY09 Youth Out of School- Retirement
ARRA WIA FY09 Youth Out of School - FICA
ARRA WIA FY09 Youth Out of School- Medical'ns
ARRA WIA FY09 Youth Out of School- Dental Ins '
ARRA WIA FY09 Youth Out of School- Life Ins
ARRA WIA FY09 Youth Out of School- Disability Ins
ARRA WIA FY09 YOl.Jth Out of School- Marketing
ARRA WIA FY09 Youth Out of School - Contr Svcs
ARRA:WIA FY09 Youth Out of School- Equipment
Revenues
ARRA WIA Grant FY09
35-R09-0945-1120
35-R09-0945-1125
35-R09-0945-1126
35-R09-0945-1130
35-R09-0945-1131
35-R09-0945-8053
35-R09-0945-8057
35-R09-0945-8059
35-R09-0946-1002
35-R09-0946-1105
35-R09-0946-112G
35-R09-0946-1125
35-R09-0946-1126
35-R09-0946-1130
35-R09-0946-1131
35-R09-0946-8053
35-R09-0946-8057
35-R09-0946-8059
35-R09-094 7 -1002
35-R09-094 7 -1105
35-R09-0947-1120
35-R09-0947-1125
35-R09-0947-1126
35-R09-0947-1130
35-R09-094 7 -1131
35-R09-094 7 -8053
35-R09-0947-8057
35-R09-094 7-8059
135
120
7
15
5
2,000
380,557
1 ,400
3,339
424
256
229
13
27
10
2,000
184,556
467
1 ,431
182
110
98
6
12
4
2,000
77,959
192
35-R09-0943-2914 920,072
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
i-I- I.. '., m. rnCXMJ
1~~YClerk. ./
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
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August 20,2009
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38566-081709 accepting funding, in the amount
of $920,072.00, for the purpose of administering the Workforce Investment Act (WIA)
funding for certain WIA client populations; and authorizing the City Manager to execute
the requisite documents necessary to accept the funding.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17,2009.
Sincerely,
~h,~
Stephanie M. Moon, CMC
City Clerk
Attachment
pc: William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
Jane R. Conlin, Director, Human Services
r;;pu
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of August, 2009.
No. 38566-081709.
A RESOLUTION accepting the funding for the Western Virginia Workforce
Development Board's Workforce Investment Act (WIA) program, and authorizing the City
Manager to execute the requisite documents necessary to accept the funding.
BE ITRESOLVED by the Council of the City of Roanoke as follows:
1. Funding in the amount of $920,072, for the purpose of administering the
Workforce Investment Act ("WIA") funding for certain WIA client populations, as more
particularly set out in the City Manager's letter dated August 17,2009, to City Council, is
hereby ACCEPTED.
2. The City Manager is authorized to execute and file, on behalf of the City, any
documents required to accept such funding, in a form approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information as
may be required in connection with the a~ceptance of the foregoing funding.
ATTEST:
~m.dhn/fY\.J
City Clerk. - l
K:\David\Council W ork\western va workforce developmentlresolution-8-17 -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
August 17, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, 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 the grant recipient for Workforce Investment Act (WIA)
funding, thus, City Council must appropriate the funding for all grants and other
monies received in order for the Western Virginia Workforce Development Board to
administer WIA programs. The Western Virginia Workforce Development Board
administers the federally funded Workforce Investment Act (WIA) for Area 3, which
encompasses the counties of Alleghany, Botetourt, Craig, Franklin and Roanoke,
and the cities of Covington, Roanoke, and Salem.
WIA funding is for four primary client populations:
· Dislocated workers who have been laid off from employment through no
fault of their own;
· Economically disadvantaged individuals as determined by household income
guidelines defined by the U.S. Department of Labor;
· 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.
Honorable Mayor and Members of City Council
August 17, 2009
Page 2
The Western Virginia Workforce Development Board has received a Notice of
Obligation (NOO) for the American Recovery & Reinvestment Act, from the Virginia
Community College System, allocating $176,091 for the Adult Program which
serves economically disadvantaged adults, allocating $429,186 for the Dislocated
Worker Program which serves workers laid off from employment through no fault
of their own, and allocating $414,795 for the Youth Program (of which $100,000 of
the allocation was previously voted on at the May 18,2009 Roanoke City Council
meeting) which serves economically disadvantaged youth for the period of
February 17, 2009 - June 30, 2011. At the June 12, 2009 Western Virginia
Workforce Development Board Meeting the board voted to allocate $920,072, of
the American Recovery & Reinvestment Program funding as required. Ten percent
of the aforementioned totals are to be allocated to the administrative function of
the Western Virginia Workforce Development Board.
Considerations:
· Program Operations - Existing activities will continue and planned programs
will be implemented.
· Funding - Funds are available from the Grantor agency and other sources as
indicated, at no additional cost to the City.
Recommendations:
Accept the Western Virginia Workforce Development Board American Recovery &
Reinvestment Act Workforce Investment funding.
Establish a revenue estimate in account 35-R09-0943-2914 in the amount of
$920,072 and appropriate the same amount in accounts to be established in the
Grant Fund by the Director of Finance (see attached for unit/object code
allocations).
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
CM09-00 142
Workforce Investment Act
ARRA Grant Funding Summary:
Allocation Summary
Administrative
Adult
Dislocated Worker
Youth In-School
Youth Out-ot-School
Total
Total
Grant Amount
102,007.00
158,482.00
386,268.00
261,321.00
111,994.00
1,020,072.00
Council Vote
Complete
May 18, 2009
70,000.00
30,000.00
100,000.00
July Council Letter
Amounts
102,007.00
158,482.00
386,268.00
191,321.00
81,994.00
920,072.00
Coding
see below
see below
see below
see below
see below
I
Administrative Allocation
Unit Fund/DepartmenU Object Account
Name Unit Code Name Allocation
Admininstrative 35-R09-0943 1002 Regular Employee Salaries $ 51,685
1120 Fica $ 3,954
1105 City Retirement $ 7,959
1118 FSA Match $ 140
1125 Medical Insurance $ 5,389
1130 Lite Insurance $ 837
1131 Disability Insurance $ 146
1126 Dental Insurance $ 302
8053 Marketing $ 2,000
8055 Supplies $ 500
8059 Equipment $ 500
2044 Training & Development $ 2,000
8057 Contract Services $ 26,595
Total $ 102,007
Adult Allocation
Unit Fund/DepartmenU Object Account
Name Unit Code Name Allocation
Adult 35-R09-0944 1002 Regular Employee Salaries $ 1,758
1120 Fica $ 135
1105 City Retirement $ 271
1125 Medical Insurance $ 120
1130 Lite Insurance $ 15
1131 Disability Insurance $ 5
1126 Dental Insurance $ 7
8053 Marketing $ 2,000
8059 Equipment $ 686
8057 Contract Services $ 153,485
Total $ 158,482
Dislocated Worker Allocation
Unit
Name
Dislocated Worker
Total
Fund/Department!
Unit
35-R09-0945
Youth In-School Allocation
Unit
Name
Youth In School
Total
FundlDepartment!
Unit
35-R09-0946
Youth Out-Of-School Allocation
Unit
Name
Youth Out School
Total
FundlDepartment!
Unit
35-R09-0947
Object
Code
Object
Code
Account
Name
1002 Regular Employee Salaries
1120 Fica
1105 City Retirement
1125 Medical Insurance
1130 Life Insurance
1131 Disability Insurance
1126 Dental Insurance
8053 Marketing
8059 Equipment
8057 Contract Services
$
$
$
$
$
$
$
$
$
$
$
Allocation
1,758
135
271
120
15
5
7
2,000
1 ,400
380,557
386,268
Account
Name
1002 Regular Employee Salaries
1120 Fica
1105 City Retirement
1125 Medical Insurance
1130 Life Insurance
1131 Disability Insurance
1126 Dental Insurance
8053 Marketing
8059 Equipment
8057 Contract Services
$
$
$
$
$
$
$
$
$
$
$
Allocation
3,339
256
424
229
27
10
13
2,000
467
184,556
191,321
Object Account
Code Name Allocation
1002 Regular Employee Salaries $ 1 ,431
1120 Fica $ 110
1105 City Retirement $ 182
1125 Medical Insurance $ 98
1130 Life Insurance $ 12
1131 Disability Insurance $ 4
1126 Dental Insurance $ 6
8053 Marketing $ 2,000
8059 Equipment $ 192
8057 Contract Services $ 77,959
$ 81,994
All Units Grand Total $ 920,072
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
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August 20,2009
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching' copy of Resolution No. 38568-081709 accepting from the Virginia
Department of Historic Resources a Certified Local Government Grant, in the amount of
$2,000.00, with no local matching funds required by the City, to support a three-day
Window Restoration College workshop; and authorizing execution of any required
documentation on behalf of the City.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17,2009.' ,
Sincerely,
~'m.~l)~
Stephanie M. Moon, CMC ~
City CI erk
Attachment
pc: William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
Tom Carr, III, Director, Planning Building and Development
';)~~,
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 11th day of August, 2009.
No. 38568-081709.
A RESOLUTION authorizing the acceptance of a Certified Local Government Grant from
the Virginia Department of Historic Resources and authorizing execution of any required
documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager is hereby authorized on behalf of the City to accept from the
Virginia Department of Historic Resources a Certified Local Government Grant in the amount of
$2,000, with no local matching funds required by the City, such funding being used to support a
three-day Window Restoration College workshop, all ofwhich is more particularly described in the
City Manager's letter dated August 17,2009, to City Council.
2. The City Manager and the City Clerk are hereby authorized to execute and attest,
respectively, for and on behalf of the City, any and all requisite documents pertaining to the City's
acceptance of the grant, such documents to be approved as to fonn by the City Attorney, and to
furnish such additional information as may be required by the Virginia Department of Historic
Resources in connection with the grant.
ATTEST:
~ht. hJ~ryJ
City Clerk.
R-CLG gt"ant-historic resollrces2.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
August 17, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, 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:
Acceptance of DHR Certified
Local Government Grant
Background:
Virginia's Department of Historic Resources (DHR) is required by provisions of
the National Historic Preservation Act to grant at least 10% of its annual Historic
Preservation Fund monies to Certified Local Governments (CLG) in the state.
The CLG Grant Program can be used for a variety of projects including surveys,
National Register nominations, preparation of preservation plans, and
educational events. In response to DHR's 2009-2010 Request for Applications,
the City of Roanoke's Department of Planning Building and Development
applied for funds to support a three-day Window Restoration College workshop
taught by well-know preservation speaker and craftsman, Bob Yapp. The
Window Restoration College is a tuition-based class that will be open to up to
12 participants. The participants will learn cost-effective methods behind the
rehabilitation of original, double-hung wooden windows through the hands-on
restoration of three to six double-hung window units from beginning to end.
Students will learn safe paint and glass removal, epoxy repair, glazing putty
application, weather-stripping and sash installation. Additionally, the class is
intended to develop window restoration skills among local contractors, create
an opportunity for participant learning, and to help a deserving homeowner
save original windows in a historic residential property.
Honorable Mayor and Members of City Council
August 17, 2009
Page 2
This effort continues to b_uild on the Renovate Roanoke preservation fairs held
in 2007 and 2008 and advances goals of the City's Comprehensive Plan
emphasizing strong, sustainable neighborhoods;
DHR has awarded the City of Roanoke a CLG Grant in the amount of $2,000.
No City matching funds are required.
Considerations:
City Council action is needed to formally accept and appropriate the grant
funds to support the workshops.
Recommended Action:
Authorize the City Manager to execute any required grant agreements or
documents necessary to accept the CLG grant, such to be approved as to form
by the City Attorney, and to take any necessary actions to revise, implement
and administer such grant.
Respectfully submitted,
Darlene L. Burcham
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
Sherman M. Stovall, Director of Management and Budget
Tom Carr, Director of Planning Building and Development
Erica Taylor, City Planner II
CM09-00 141
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
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August 20,2009
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38569-081709 accepting from the National Trust
for Historic Preservation a Certified Local Government Grant, in the amount of
$2,000.00, with no local matching funds required by the City, to support a three-day
Window Restoration College workshop; and authorizing execution of any required
documentation on behalf of the City.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17, 2009.
Sincerely,
- drl. ~bM.J
ephanie M. Moon, CMC \..
City Clerk
Attachment
pc: William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
Tom Carr, III, Director, Planning Building and Development
~~~'"
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2009.
No. 38569-081709.
A RESOLUTION authorizing the acceptance of a Certified Local Government Grant from
the National Trust for Historic Preservation and authorizing execution of any required documentation
on behalf of the City.
BE IT RESOLVED by the Council ofthe City of Roanoke that:
1. The City Manager is hereby authorized on behalf of the City to accept from the.
National Trust for HIstoric Preservation a Certified Local Government Grant in the amount of
$2,000, with no local matching funds required by the City, such funding being used to support a
three-day Window Restoration College workshop, all of which is more particularly described in the
City Manager's letter dated August 17,2009, to City CounciL
2. The City Manager and the City Clerk are hereby authorized to execute and attest,
respectively, for and on behalf of the City, any and all requisite documents pertaining to the City's
acceptance of the grant, such documents to be approved as to fonn by the City Attorney, and to
furnish such additional information as may be required by the National Trust for Historic
Preservation in connection with the grant.
ATTEST:
~h1. Yl1bW
City Clerk. l
R-National Trust grant.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
August 17, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Acceptance of National Trust for
Historic Preservation Grant
Background:
The National Trust for Historic Preservation (NTHP) is a private, nonprofit
membership organization dedicated to saving historic places and revitalizing
America's communities. Founded in 1949, the Trust provides leadership,
education, advocacy, and resources to protect the irreplaceable places that tell
America's story.
Grants from National Trust Preservation Funds (NTPF) are intended to encourage
preservation at the local level by providing seed money for preservation projects.
The Preservation Funds provide two types of assistance to nonprofit organizations
and public agencies: matching grants for planning and educational efforts and
intervention funds for preservation emergencies. The matching grants are awarded
annually in three competitive grant rounds (February 1 , June 1, and October 1) and
may be used to obtain professional expertise in such areas as architecture,
archeology, engineering, preservation planning, land-use planning, fund raising,
organizational development, and law, as well as preservation activities to educate
the public.
With the intent to match the $2,000 in funding received from Virginia Department
of Historic Resources, the City of Roanoke's Department of Planning Building and
Development applied to the National Trust for Historic Preservation for funds in the
matching grants category to support a three-day Window Restoration College
workshop taught by well-known preservation speaker and craftsman, Bob Yapp.
Honorable Mayor and Members of City Council
August 17, 2009
Pag e 2
The Window Restoration College is a tuition-based class that will be open to up to
12 participants. The participants will learn cost-effective methods behind the
rehabilitation of original, double-hung wooden windows through the hands-on
restoration of three to six double-hung window units from beginning to end.
Students will learn safe paint and glass removal, epoxy repair, glazing putty
application, weather-stripping and sash installation. Additionally, the class is
intended to develop window restoration skills among local contractors, create an
opportunity for participant learning, and to help a deserving homeowner save
original windows in a historic residential property.
,I
This effort continues to build on the Renovate Roanoke preservation fairs held in
2007 and 2008 and advances goals of the City's Comprehensive Plan emphasizing
strong, sustainable neighborhoods.
The NTHP has awarded the City of Roanoke a CLG Grant in the amount of $2,000.
No City matching funds are requited.
Considerations:
City Council action is needed to formally accept and appropriate the grant funds to
support the workshops.
Recommended Action:
Authorize the City Manager to execute any required grant agreements or
documents, such to be approved as to form by the City Attorney, and to take any
necessary actions to revise, implement and administer such grant.
Respectfully submitted,
~
Darlene L. Burc
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
Sherman M. Stovall, Director of Management and Budget
Tom N. Carr, Director, Planning Building and Development
Erica J. Taylor, City Planner II
CM09-00 140
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
August 20,2009
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
CECELIA T. WEBB
Assistant Deputy City Clerk
I am attaching copy of Budget Ordinance No. 38571-081709 appropriating funding from
the Federal government's American Recovery and Reinvestment Act (ARRA) for the
Office of Community Oriented Policing Services (COPS) COPS Hiring Recovery
Program (CHRP) to provide funding for five police officers for a period of three years;
and amending and' reordaining certain sections of the 2009-2010 . Grant Fund
Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular me~ting held on Monday, August 17, 2009; and is in full force and effect upon its
passage.
Sincerely,
~Jr" ~-vJ
Stephanie M. Moon, CMC
City Clerk
Attachment
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Sherman M. Stovall, Director, Management and Budget
A. L. Gaskins, Chief of Police
\l!
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2009.
No. 38571-081709.
AN ORDINANCE to appropriate funding from the Federal government's .
American Recovery and Reinvestment Act (ARRA) for the Office of Community Oriented
Policing Services (COPS) COPS Hiring Recovery Program (CHRP) to provide funding for
five (5) police officers for a period of three (3) years, amending and reordaining certain
sections of the 2009-2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
ARRA COPS CRHP - .Regular Wages
ARRA COPS CRHP - Retirement
ARRA COPS CRHP - FICA
ARRA COPS CRHP - ICMA Match
ARRA COPS CRHP - Medical Insurance
ARRA COPS CRHP - Dental Insurance
ARRA COPS CRHP - Life Insurance
ARRA COPS CRHP - Disability Insurance
Revenues
ARRA COPS CRHP Grant FY1 0
35-R09-0958-1 002
35-R09-0958-1105
35-R09-0958-1120
35-R09-0958-1116
35-R09-0958-1125
35-R09-0958-1126 .
35-R09-0958-1130
35-R09-0958-1131
. $ 523,535
80,730
40,050
9,750
84,480
4,110
4,375
145
35-R09-0958-2919
747,175
Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
~fr). rnb~
City Clerk. l
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
CECELlA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August 20, 2009
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38570-081709 authorizing acceptance from the
American Recovery and Reinvestment Act of 2009 (ARRA), the COPS Hiring Recovery
Program funding, in the amount of $747,175.00, with no local match required, to pay for
salary and benefits of five police officers for a three-year period; and authorizing
execution of any required documentation on behalf of the City.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17,2009.
Sincerely, .
~m. "'bb'u
Stephanie M. Moon, CMC C
City Clerk
Attachment
pc: William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
A. L. Gaskins, Chief of Police
cJV1{
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2009.
No. 38570-081709.
A RESOLUTION authorizing acceptance of the COPS Hiring Recovery Program funding
made to the City of Roanoke by the American Recovery and Reinvestment Act of2009 (ARRA), and
authorizing execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council ofthe City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to accept from the
American Recovery and Reinvestment Act of2009 (ARRA), the COPS Hiring Recovery Program
funding in the amount of$747, 175, with no local match required, to pay for the salary and benefits of
five police officers for a three year period. The funding is more particularly described in the letter of
the City Manager to Council dated August 17,2009.
2. The City Manager is hereby authorized to execute and file, on behalf ofthe City, any
documents setting forth the conditions of the funding in a form approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information as may be
required in connection with the acceptance of the foregoing funding.
ATTEST:
~~ht.h1olYv
City Clerk. . . /
K:\Tim\measmes\R-COPS Hiring Recovery Program.8-17-09.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
August 17, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, 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: COPS Hiring Recovery
prog ram
The American Recovery and Reinvestment Act of 2009 (ARRA) provided
funding to local governments for strengthening and enhancing law
enforcement services. The Office of Community Oriented Policing Services
(COPS), a division of the United States Department of Justice is
administering a portion of the ARRA funding through the COPS Hiring
Recovery Program (CHRP). The funding allows for the hiring of full time
sworn police officers. On July 28, 2009, the police department was
awarded $747,175 in ARRAjCHRP program funding. This award will pay
the salary and benefits of five police officers for a three year period. At
the conclusion of the third year, the City must adopt the salary and
benefits of the officers into the general budget and continue their
employment for a minimum of 12 additional months. There is no other
required local match.
The officers hired as a result of this grant award will be used within our
Southside enforcement team for on-going efforts to address recurring
issues in identified areas of the City. The officers will be deployed to
areas that have been identified through crime analysis as experiencing
increases in crime such as larceny, burglary and drug offenses.
Honorable Mayor and Members of City Council
August 17, 2009
Pag e 2
Recommended Action
Accept the COPS Hiring Recovery Program funding described above and
authorize the City Manager and Police Chief to execute the grant
agreement and any related documents; such documents to be approved
as to form by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue
estimate in the amount of $747,175 and to appropriate the same in
accounts to be established in the Grant Fund by the Director of Finance.
Appropriation
Regular Employee Salary
FICA
Retirement
ICMA Match
Medical'nsurance
Dental Insurance
Life Insurance
Disability Insurance
1002
1120
11 05
1116
1125
1126
1130
11 31
$523,535
$ 40,050
$ 80,730
$ 9,750
$ 84,480
$ 4,110
$ 4,375
$ 145
$747,175
Total
/'
Respectfully submitted,
Darlene L. Burc
City Manager
DLB:gws
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney'
Ann H. Shawver, Director of Finance
R. Brian Townsend, Asst. City Manager, Community Development
A. L. Gaskins, Chief of Police
Sherman M. Stovall, Director of Management and Budget
CM09-00147
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
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August 20,2009
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38572-08.1709 authorizing, on behalf of the City,
acceptance from the Virginia Department of Criminal Justice Services (DCJS), the
V-STOP/ARRA Grant, in the amount of $70,657.00, with a local match of $23,552.00, to
employ in the Police Department a part-time evening shift Domestic Violence Specialist
and elevate the civilian Sexual Violence Coordinator's position from part time to full time
status; and authorizing execution of any required documentation on behalf of the City.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17,2009.
Sincerely,
~l'r1. Yrjr0-0
Stephanie M. Moon, CMC
City Clerk
Attachment
pc: William M. Hackworth, City Attorney
AnnH. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
A L. Gaskins, Chief of Police
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2009.
No. 38572-081709.
A RESOLUTION authorizing acceptance of the V-STOP/ARRA Grant made to the City of
Roanoke by the Virginia Department of Criminal Justice Services (DCJS), and authorizing execution
of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to accept from the
Virginia Department of Criminal Justice Services (DCJS), the V-STOP/ARRA Grant in the ~ount of
$70,657, with a local match of$23,552, to employ in the Police Department a part time evening shift
Domestic Violence Specialist and elevate the civilian Sexual Violence Coordinator's position from
part time to full time status. The grant is more particularly described in the letter of the City Manager
to Council dated August 17,2009.
2. The City Manager is hereby authorized to execute and file; on behalf of the City, any
documents setting forth the conditions of the grant in a form approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information as may be
required in connection with the acceptance of the foregoing grant.
ATTEST:
~ InlYJDhV
City Clerk.
K\Tim\measures\R-VSTOP ARRA GRANT.8-17-09.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
CECELlA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August 20, 2009
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38573-081709 appropriating funding from
the Federal government's American Recovery and Reinvestment Act (ARRA) through
the Commonwealth of Virginia Department of Criminal Justice Services (DCJS) for their
Virginia Services, Training, Officers, Prosecution Violence Against Women (V-STOP)
program; and amending and reordaining certain sections of the 2009-2010 Grant Fund
Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17, 2009; and is in full force and effect upon its
passage.
Sincerely,
~'r<\,::t~~
Stephanie M. Moon, CMC
City Clerk
Attachment
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Sherman M. Stovall, Director, Management and Budget
A. L. Gaskins, Chief of Police
)
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2009.
No. 38573-081709.
AN ORDINANCE to appropriate funding from the Federal government's
American Recovery and Reinvestment Act (ARRA) through the Commonwealth of
Virginia Department of Criminal Justice Services (DCJS) for their Virginia Services,
Training, Officers, Prosecution Violence Against Women (V-STOP) program, amending
and reordaining certain sections of the 2009-2010 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 2009-2010 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
ARRA VSTOP EDVS - Temp Wages
ARRA VSTOP EDVS ~ FICA
ARRA VSTOP FTSVC - Reg Wages
ARRA VSTOP FTSVC - Retirement
ARRA VSTOP FTSVC - FICA
ARRA VSTOP FTSVC - Medical Ins
ARRA VSTOP FTSVC - Dental Ins
ARRA VSTOP DDVS - Reg Wages
Revenues
ARRA VSTOP Grant FY10
35-R09-0955-1004
35-R09-0955-1120
35-R09-0956-1002
35-R09-0956-1105
35-R09-0956-1120
35-R09-0956-1125
35-R09-0956-1126
35-R09-0957 -1002
35-R09-0955-2918
$ 39,312
3,007
7,4 75
7,938
572
6,750
411
5,192
70,657
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
U-f~M. hi~
~~ City Clerk. C
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
August 17, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, 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: V-STOP/ ARRA Grant
Background:
The Virginia Department of Criminal Justice Services (DCJS) provides grant
funding for programs and activities which increase the apprehension,
prosecution and adjudication of persons committing violent crimes
against women. The program, "Virginia Services, Training, Officers,
Prosecution Violence Against Women" (V-STOP) is one of these programs.
The American Recovery and Reinvestment Act of 2009 (ARRA) provided
increased funding to the DCJS, V-STOP program.
On July 20, 2009, DCJS awarded the Police Department $70,657 in
V-STOP/ ARRA funding to leverage other grant funding which will enhance
our efforts to protect women from violent criminal activity. Specifically,
the granted funds will be used to cover anticipated program cuts to our
on-going V-STOP grant projects, allow for the staffing of a part time
evening shift Domestic Violence Specialist and elevate the civilian Sexual
Violence Coordinator's position from part time to full time status. A
required local match of $23,552 will be met through in-kind services.
Recommended Action:
Accept the V-STOP/ ARRA grant funding described above and authorize
the City Manager to execute the grant agreement and any related
documents, in such form as is approved by the City Attorney.
Honorable Mayor and Members of City Council
August 17, 2009
Pag e 2
Adopt the accompanying budget ordinance to establish a revenue
estimate in the amount of $70,657 and to appropriate the same in
accounts to be established in the Grant Fund by the Director of Finance.
Appropriation:
Domestic Violence Specialist
Regular Employee Salaries
1002
$ 5,192
Evening Domestic Violence Specialist
Temporary Wages 1004
FICA 1120
$39,312
$ 3,007
Sexual Violence Coordinator
Regular Employee Salaries
FICA
Medical Insurance
Dental Insurance
Retirement
1002
1120
1125
1126
11 05
$ 7,475
$ 572
$ 6,750
$ 411
$ 7,938
$ 70,657
TOTAL
Respectfully submitted,
\
Darlene L. Bu~ ham
City Manager
DLB:gws
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Asst. City Manager for Community Development
A. L. Gaskins, Chief of Police
Sherman M. Stovall, Director of Management and Budget
CM09-00 148
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.goy
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August 20, 2009
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38574-081709 authorizing the City Manager to
execute Amendment No.3 to an Intergovernmental Agreement dated December 17,
1997, with Roanoke County concerning the Regional 800 MHz Trunking Radio System,
upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17,2009; and is in full force and effect upon its
passage.
Sincerely,
JftM~ ar,. mlAW
Stephanie M. Moon, CMC ~
City Clerk
Attachment
pc: William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
Roy M. Mentkow, Director of Technology
f:':'
r '
D1L
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2009.
No. 38574-081709.
AN ORDINANCE authorizing the City Manager to execute Amendment No.3 to
an Intergovernmental Agreement ("Agreement"), dated December . 17, 1997, with'
Roanoke County ("County") concerning the Regional 800 MHz Trunking Radio System
("System"), upon certain terms and conditions, and dispensing with the second reading of
this ordinance by title.
WHEREAS, the City of Roanoke ("City") entered into an agreement with
Roanoke County on December 17, 1997, for the installation and maintenance of the
System;
WHEREAS, the Agreement has been amended twice by amendments dated
October 1, 2001, and September 19, 2005, for the purpose of providing further details
governing the operation of the joint System and the relationship between the City and
County, and to authorize the City to work jointly with the County in hiring a consultant in,
connection with the FCC rebanding ofcertain radio frequencies; .and
WHEREAS, the Agreement needs to be further amended to provide a clear,
concise and measurable description of the services, responsibilities, duties and costs of
such services to maintain the System provided by the County to the City under the
Agreement.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. The City Manager is hereby authorized to execute an amendment to the
existing Agreement with Roanoke County to provide a clear, concise and measurable
f. 4'.~
. "
description of the services, responsibilities, duties and costs of such services to maintain
the System provided by the County to the City under the Agreement, as more particularly
stated in the City Manager's letter to Council dated August 17,2009, such amendment to
be in form as approved by the City Attorney.
2. Pursuant to the provisions of Section 12 ofthe City Charter, the second
reading ofthis ordinance by title is hereby dispensed with.
ATTEST
~~.InDtMJ
City Clerk I
K:\David\Council W ork\O-Radio Maintenance-3rd amendment-8- I 7-09.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
August 17, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable M. Rupert Cutler, 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: Service Level Agreement for
Radio Maintenance with Roanoke
County
Background:
I
An Intergovernmental Agreement dated December 17, 1997, between the City
of Roanoke and the County of Roanoke established a joint Public Safety Radio
System ('System'). Since the creation of this partnership the City and County
have effectively operated their E-911 public radio systems as a joint, unified
system for the protection and benefit of the citizens of both localities. The
original Intergovernmental Agreement has been amended twice previously.
The first amendment in 2001 provided further details governing the operation
of this joint system and the relationship between the City and County.
The second amendment in 2007 authorized the County and City to act jointly
through the Roanoke County Purchasing Department to obtain a qualified
consultant to provide expertise and guidance in the planning of the 'rebanding'
or migration of frequencies per a Federal Communications Commission's (FCC)
mandate.
The City of Roanoke and Roanoke County desire to further amend the
Agreement to provide a clear, concise, and measurable description of the
services, responsibilities, duties and costs of such services to maintain the
System provided by the County to the City under the Agreement.
Honorable Mayor and Members of City Council,
August 17, 2009
Page 2
Considerations:
The Service Level Agreement with Roanoke County will provide the City of
Roanoke with enhanced support services on the joint 800MHz trunking system
at no additional cost to the City. The City will pay the County $102,104.50 per
year for services, and a total of $1 7,100 a year for maintenance services.
Recommended Action:
Approve Amendment No.3 to the Agreement between Roanoke County and the
City of Roanoke for the joint Public Safety Radio System, in the form that such
proposed Amendment is attached to this letter, including the attached Service
Level Agreement between the City of Roanoke and the County of Roanoke dated
July 1, 2009; such amendment to be approved as to form by the City Attorney.
Respectfully submitted,
Darlene L. B rcham
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director of Management and Budget
James Grigsby, Assistant City Manager for Operations
Roy M. Mentkow, Director of Technology
CM09-00146
AMENDMENT THREE TO INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF ROANOKE AND THE COUNTY OF ROANOKE
This Amendment Three to "Intergovernmental Agreement for the Establishment
of a Joint Public Radio Safety Agreement ("Agreement")" dated
between the City of Roanoke ("City") a political subdivision of the Commonwealth
of Virginia, and the County of Roanoke ("County") a political subdivision of the
Commonwealth of Virginia, is dated this , day of 2009,
WITNESSETH:
WHEREAS, the City and County entered into an Agreement dated December
17, 1997, that caused the County's existing 800 MHZ trunked radio
communications system ("System") to be expanded and to serve both the City
and the County's fire, police, emergency and other radio communication needs
pursuantto Section 15.2-1300 of the Code of Virginia (1950) as amended;
WHEREAS, the Agreement was amended by subsequent agreement dated
October 1, 2001, for the purpose of providing the details relating to the operation
of the System and the relationship among the City and County;
WHEREAS, the Agreement was amended by subsequent agreement dated
for the purpose of providing details related to the operation
and implementation of the required reconfiguration of the 800 MHZ band and to
authorize the issuance of a joint RFP between the City and the County for the
purpose of hiring a consultant and/or legal counsel to assist with contract
negotiations with Nextel in connection with such reconfiguration.
WHEREAS, the parties desire to further amend the Agreement to provide a
clear, concise and measurable description of the services, responsibilities, duties
and costs of such services provided by the County to the City under the
Agreement.
NOW, THEREFORE, in consideration of the agreements and mutual promises
contained in the Agreement, the parties agree as follows:
1. The City and the County acknowledge and agree that the services the
County provides the City under the terms of the Agreement shall be governed by
the terms and conditions contained with the attached SerVice Level Agreement
between the City of Roanoke and the County of Roanoke dated July 1, 2009,
which is hereby incorporated into the Agreement and made a part hereof. To the
extent there is any conflict between the Agreement and the attached Service
Level Agreement, the Service Level Agreement shall control.
1
2. The remaining terms and conditions to the Agreement, including its
Amendments One and Two, and except as modified as stated herein, shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties have signed this Amendment One
by their authorized representatives.
ATTEST:
CITY OF ROANOKE, VIRGINIA
Title:
By
Darlene L. Burcham, City Manager
ATTEST:
COUNTY OF ROANOKE, VIRGINIA
Title:
By
Name:
Title:
Approved as to Form:
Approved as to Execution
Assistant City Attorney
Assistant City Attorney
Assistant County Attorney
Assistant County Attorney
Certification of Funds Required
For this Amendment Three Certified
2
Roanoke City Director of Finance
Acct. No.
3
Roanoke Coun~."
INFORMATION
~CHNOLOGY
Service Level Agreement (SLA)
.
.
Service Name: Radio Communications Maintenance and Support
Designated Customer: City of Roanoke
.
.
Prepared By
'.'[)OCI,I.nel'1tp\Nl'1~r(~)
Bill Greeves
Pt()jectlprganiz,ti<m.Rcjie
Director, Information Technology
Manager, IT Infrastructure Services
Supervisor, Communications Shop
Bill Hunter
Rodney Thompson
Version
Ver.;ion Date Author ..... Ch"ngf!D~crip~i()1l ..
3 7/1/09 Bill Hunter Addition of 800 MHZ Radio Repair
TABLE OF CONTENTS
1 G EN ERAL OVERVI EW .... ................ .......... ....................................... ....................... ................3
2 SERVI C E D ESC RI PTI 0 N......................................................................................................... 3
3 ROLES AN D RES PO NSI BILITIES ................. ...................... ................ .............. .............. ........4
4 REQUESTING SERVIC E . .... ... ............ ....... .... ... ................................... ....... .................. ... ........5
5 HOURS OF COVERAGE, RESPONSE TIMES & PRIORITIZATION .....................................5
6 MAINTENANCE AND SERVICE CHANGES ...........................................................................6
7 P RI C I N G ............ ...................................... ......................... .............. .......................................... 7
8 REPO RTI NG, REVI EWING AND AUDITING...................... ................ ....... ........ ........ ...: ..........8_
9 APP ROV ALS. ... .......... ................. ...... ...... .... ... ............ ............................................. ........... ......8
Page 2
1 General Overview
This is a Service level Agreement (USLA") between Roanoke County, Information Technology
Department (County IT) and the City of Roanoke Department of Technology (City DOT). This agreement
is written under the authorization of the Intergovernmental Agreement between the City and County of
Roanoke dated December 17, 1997. Radio system management and dispute resolution shall follow those
outlined in Section VII of the Intergovernmental Agreement. The objective of the SlA is to present a
clear, concise and measurable description of the services provided. Below this document will define the
following:
· The technology service County IT provides to the designated customer.
· The general levels of roles and responsibilities; requesting service, hours of coverage,
response times and prioritization.
· The responsibilities of County IT and it's Communication Shop, as a provider of these
services and of the customer receiving services for maintenance & charges, pricing,
reporting, reviewing and auditing.
While the County IT Communications Shop will make every effort to provide the same high quality service
and repairs the City DOT is used to receiving from Motorola Inc., the following should be noted; we are
not a multinational company, but rather a local government committed to meeting the needs of our radio
systems partner. There will be a period of adjustment as the City DOT and County IT Communications
Shop move from Nationally Contracted Maintenance and Repair Services to local Service. We invite you
to work closely with us as we refine our procedures, where possible, to meet your needs. We will plan
Monthly service meetings to discuss current maintenance/repair issues and work order
response/prioritization.
This SLA covers the period from July 1, 2009 to June 30, 2010 and will be reviewed and revised at the
end of this period. Either party may terminate this agreement at any time; however every effort will be
made to give 180 days notice, delivered to the appropriate director, in writing prior to the termination of
this agreement.
.
.
2 Service Description
2.1 Service Scope
Microwave Radio Communications System Maintenance
Microwave Radio Communications System Repair
800 MHZ Analog Radio Communications System Maintenance
800 MHZ Analog Radio Communications System Repair
Emergency Dispatch 800 MHZ Radio Console Communications Maintenance *
Emergency Dispatch 800 MHZ Radio Console Communications Repair *
*This does not include Computer Aided Dispatch Systems, Emergency Telephone, or non-
Emergency telephone systems.
2.2 Assumptions
· Major upgrades will be treated as projects outside of the scope of this Agreement.
· Funding for major updates will be negotiated on a service-by-service basis.
Page 3
· Changes to services will be communicated and document to all stakeholders via
Email and updated SLA
· Scheduling of all service related requests will be conducted in accordance with
: descriptions listed in Section 4.
. All current equipment and in-house wiring is in operational condition,
.
.
3 Roles and Responsibilities
3.1 Parties
Communication Shop
Title/Role
Owner of SLA and County of
Roanoke Infrastructure
Services Mana er
City of Roanoke Radio
Technolo Administrator
Service to Customer
Contact Information
540fl77 -8530 or Emai/
Bhunter@.RoanokeCountvVA.aov
City of Roanoke ECG
Gi of Roanoke Radio Sho ~
Lead Dispatcher
Communications Technician
ov
Earl Linkous
3.2 County IT Communications Shop Responsibilities
County IT Communications responsibilities and/or requirements in support of this Agreement include:
· Meet response times associated with the priority assigned to incidents and service requests.
(Section 5.1) .
· Generating quarterly reports on service level performance.
· Appropriate notification to Customer for all scheduled maintenance via the Tracklt system or by
email notification.
· IT will implement defined processes to deliver these service levels.
· Schedule and conduct monthly service meetings. Recommend that these meetings be scheduled
immediately prior to monthly Motorola Service meetings.
3.3 Customer Responsibilities
Customer responsibilities and/or requirements in support of this Agreement include:
· Properly prioritize a service related incident or request (Section 5.3).
· Identify the Technical Contacts (TC's) who are authorized to open/close work orders
· Communicate specific service needs and requirements.
· Attend and participate in monthly service meetings.
. .
Page 4
I'
4 Requesting Service
4.1 Request for service will be routed through the Track IT Work Order request system. County
staff will answer calls for service and support as soon as possible, prioritized in the order they
are received. Normal business hours are Monday through Friday 8:00 am until 5:00 pm. The
work order system will respond to all requests with an e-mail from
radiocall@roanokecountyva.gov that will supply the work order tracking number. This is not an
e-mail address that can be communicated with directly.
4.2 The County IT Communication shop will provide 24 hours a day 365 days per year service
response on all radio and microwave equipment as needed. After-hours, weekends, and County
holidays a technician will communicate with City Dispatch Center within established response
times. When a problem is discovered, Technical Contact will decide the priority (5,3) and submit
a ticket as described above. Request, determined to be emergency, will page the County
Communication Shop personnel at (540) 201-2129 immediately for response.
. .
5 Hours of Coverage, Response Times & Prioritization
5.1 Hours of Coverage \
County staff will answer calls for service and support as soon as possible and will contact the
City of Roanoke representative to schedule needed repairs or support. Every effort will be
made to respond to emergency calls for service on critical systems within the designated
response times.
5.2 Response
The County IT Communication Shop will provide 24 hours a day, 365 days per year service
response on all analog radio and microwave equipment as needed. After-hours, weekends and
County holidays a technician will communicate with City Dispatch within established response
times. When a problem is discovered, the technical Contact will decide if the problem requires
immediate response and will page the standby personnel at (540) 201-2129.
Severity 1
Severity 2
Severity 3
Within 2 Hours from receipt of Notification, 24/7
Within 6 Hours from receipt of Notification, Standard Business Day
Within next Business Day, Standard Business Day
5.3 Prioritization
The City of Roanoke Radio Technology Administrator will serve as the IT Liaison for issues
concerning this agreement. The City of Roanoke Director of Technology will appoint two
Technical Contacts for operational purposes and they will make all requests for service and will
determine the priority level the requests are to be submitted as. Priority levels are assigned as
follows:
Page 5
Seventy 1
Severity 2
Severity 3
.
· ReSponse is providedcoIltinuously
· Maj or SystCJn failure
· 33% ofSystcin down
· 33% of Site channels down
· Site Environttient alarms <(smoke, access1 temp, ACpower.
· This level is meant tor~esenta major issue that resUlts in an
unusable system,. sub.-system.,Product1 or critical features from
the Customer's perspective; No Work-around or immediate
solution is available.
· R~sponse' during Stan,dard BU$ines$ Day .
· SignificantSystem Impairment not to exceed 33% of system
down
· System problems. presently being monitored
· This levelismeanftorepresenta'Ii1oderateisstie that limits a
Customer's normal use of :the system, sub-system1 product, or
ma'or non~critica.l featiires from a. Customer's ers eCtive
· Response during Standard Business Day
· Intermittent system issues
· hlformatiOJ1questions
· Upgrades/Preven.ta1ive. :maintenance
· ThisJevelis 1l1eant to represent a Illinorjssuethat doesJ;lot
preclude use of the syslemt sub-System, product~orcritical
. {eatures from a Customer'spc:rspeclive. It znayalso represen.t a.
cosmetic issue, including documen1ationerrors,generalusage
qUeStions, recoimnendations for product enhancements or
modifications, and scheduled events such as preventative
maintenance or roductJs stemu ades.
.
6 Maintenance and Service Changes
6.1 Maintenance
The County IT Communications Shop will provide Quarterly maintenance inspections on the
800 MHZ simulcast radio system components located at Poor, Fort Lewis, Mill Mountains, and
Crowell's Gap. County staffs will also verify GPS and High Stability Oscillator, check and clear
the station error log as necessary.
Semi-Annually; verify transmit and receive audio levels end to end. Verify transmit deviation
levels on all channels and perform preventive maintenance on the transmitters. Clean ECC
Dispatch equipment as covered in the previous Motorola contract. Inspect all sites for
compliance with current radio standards.
Page 6
6.2 Designated Customer Responsibilities
o Maintain proper care of equipment
o Use the equipment only for the intended purpose
o Report equipment problems in a timely manner
6.3 Communication to customers on planned outages
The County IT Communication Shop will notify the City Radio System Liaison and Technical
Contacts by Email prior to removing equipment from service for maintenance or repairs,
6.4 Communication about emergency maintenance
The County IT Communication Shop will notify the City Emergency Communications center by
phone prior to performing emergency maintenance or repairs. .
. .
7 Pricing
7.1 Hourly Rates
The current agreed upon hourly rates are:
Hourly labor rates for Communications support will be $37.00 per hour.
These rates may be adjusted annually on July 1st, Notice of a rate change will be sent to the
City of Roanoke DOT prior to December 15th for consideration in the City of Roanoke's annual
budget. For service that is performed on nights, weekends or holidays the City of Roanoke DOT
agrees to pay 1 Y:. times the agreed upon rate for service and support.
The City of Roanoke DOT will pay annual maintenance fee of $9000.00 ($225.00 per radio) for
mountaintop radio systems
The City of Roanoke will pay annual maintenance fees of $8100.00 (1350.00 per link) for the
microwave system repair and maintenance. Parts not covered by warranty will be charged
separately.
The City of Roanoke DOT wjll pay annual service contract fees of $102,104.50 for the 800 MHZ
simulcast radio system and the associated City Dispatch Center equipment. This figure will be
evaluated quarterly for sufficiency and will be the base point for future Service Level
Agreements. Should it be determined that this figure is not sufficient for the County to continue
maintenance of the system the City/County Directors will meet and determine an alternative
course of action.
7:2 Billing
The County IT may bill the City of Roanoke DOT "as needed" or monthly for IT services and
materials for microwave materials and parts. The bills will include the following information:
Date and time the service was performed, location where service was performed, description of
the service performed, list of parts and materials used and the cost per unit, number of hours of
labor charged and the rate. Normally, these bills will be in quarterly reconciliation
documentation against the' annual service contract fees. Bills will be sent to the attention of
Radio Technology Administrator. Any charges not included in the annual fees will be approved
in advance by the Radio Technology Administrator.
Page 7
8 Reporting, Reviewing and Auditing
This Agreement is valid from the July 1, 2009 outlined herein and is valid until June 30, 2010. The
Agreement should be reviewed at a minimum once per fiscal year; however in lieu of a review during
any period specified, the current Agreement will remain in effect. In December of each year this
agreement will be updated for the next budget year.
The County Infrastructure Services Manager is responsible for facilitating regular reviews of this
document. Contents of this document may be amended as required.
Designed Review Owner: County Infrastructure Services Manager
Review Period: Annually
Previous Review Date: June 2009
Next Review Date: December 2009
. .
9 Approvals
.,'
e
Prepared by
..
Approved by
County IT Director
City DOT Director
Page 8
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
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August 20, 2009
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38575-081709 authorizing the filing of an
application to amend the INPUD, Institutional Planned Unit Development plan on
property, which is located at 2815 Spessard Avenue, S. W., owned by the City of
Roanoke, and is designated as Official Tax No. 1640317, for the purpose of permitting
construction of a gymnasium/indoor play area for the students.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17, 2009.
Sincerely,
~ rn '::::Jb1loV
Stephanie M. Moon, CMC
City Clerk
Attachment
pc: William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Tom Carr, III, Director, Planning Building and Development
/~~
27~ 101
([,{~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 11th day of August, 2009.
No. 38515-081109.
A RESOLUTION authorizing the filing of an application to amend the INPUD,
Institutional Planned Unit Development, plan on property which is located at 2815 Spessard
Avenue, S.W., owned by the City of Roanoke, and is designated as Official Tax No.
1640317.
WHEREAS, the City of Roanoke owns certain property located at 2815 Spessard
Avenue, S.W., which is designated as Official Tax No. 1640317, comprising the Grandin
Court Elementary School campus;
WHEREAS, such property is currently zoned INPUD, Institutional Planned Unit
Development;
WHEREAS, currently, Grandin Court Elementary School has no gymnasium or
indoor play area for the students, and an amendment of the INPUD plan would be necessary .
to provide for this structure; arid
WHEREAS, it is the desire of City Council to consider the amendment of the
INPUD, Institutional Planned Unit Development, plan.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. That public necessity, convemence, general welfare and good zoning'
practice require the filing of an application to amend the INPUD, Institutional Planned Unit
Development, plan for the purpose of permitting the construction of a gymnasium/indoor
play area for the students.
R-City-application to amend INPUD-Gl'andin Court Elem.doc
1
2. That the City Manager is authorized to file an application, similar in form
and content to the application attached to the letter dated August 17, 2009, to this Council,
approved as to form by the City Attorney, to amend the INPUD, Institutional Planned Unit
Development, plan for the purpose of permitting the construction of a gymnasium/indoor
play area for the students.
ATTEST:
~~~~Utw
R-City-application to amend INPUD-Grandin Court Elem.doc
2
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
August 17, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, 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 of the Planned Unit
Development Plan for Grandin
Court Elementary School
The City of Roanoke owns the property at 2815 Spessard Avenue, S.W., comprising
the Grandin Court Elementary School campus. The property is zoned INPUD,
Institutional Planned Unit Development District. Currently the school has no
gymnasium or indoor play area for the students and an amendment of the INPUD
plan would be necessary to provide for this structure.
Recommended Action:
Authorize the City Manager to file an application, and any necessary amended
applications, to amend the INPUD plan for the property at 2815 Spessard Avenue,
S.W., as reflected in the attached application.
Respectfully submitted,
Darlene L. Bur ham
City Manager
Attachments
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
CM09-00 1 51
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, SW.
Roanoke, Virginia 24011
Phone: (540) 853-1730 Fax: (540) 853-1230
AUG - 6 2009
CITY OF ROANOKE
'\ ANNING BU!U)l~\!:.: I\fWI '}'=\fr:l nmrr'
Submittal Number: ]original Application
Date: IAU9 6, 2009 I
i!!:&@!!!r!!!~!!~!l@~
D Rezoning, Not Otherwise Listed
D Rezoning, Conditional
D Rezoning to Planned Unit Development
D Establishment of Comprehensive Sign Overlay District
~@.~MfCiifffl:i!~~f$"~"
Address: 12815 Spessard Ave. Roanoke, VA 24015
Official Tax No(s).: 11640317
D Amendment of Proffered Conditions
[8J Amendment of Planned Unit Development Plan
D Amendment of Comprehensive Sign Overlay District
I
I
D With Conditions
[8J Without Conditions
Phone Number: I + 1 (540) 853-2333
E-Mail: IDarlene.Burcham@roanokeva.gOv I
I Phone Number:
I E-Mail: I
I
I
Name:
Address:
Applicant's Signature:
Phone Number: I + 1 (540) 982-0800 I
E-Mail: !nhall@c1arknexsen.com I
CLARK. NEXSEN
Architecture & Engineering
August 6, 2009
To: Roanoke City Planning Commission
From: Clark Nexsen Architecture & Engineering, agent for Roanoke City Public Schools
RE:. Amendment Application No.1
Amendment to INPUD for Addition to Grandin Court Elementary School
Background:
Grandin Court Elementary is located in southwest Roanoke City and was constructed in 1950 with
additions/renovations added in 1956, 1993, and 2000. The property is currently zoned INPUD,
Institutional Planned Unit Development and sits on 11.5 acres of land.
Currently the school has no gymnasium or indoor play area for students during times of inclement
weather. The need for such an area is even more crucial for the reasons that the population of the
school expanding due to redistricting and the school serves as the main hub for the REACH program,
which is a City School program for preschoolers with disabilities.
Proposed Change:
The proposed amended design is the addition of an architectural membrane structure approximately
4000 square feet in size that will serve as a gymnasium and indoor play area for the students. See
attached drawing for the location of the proposed addition.
The addition of the gymnasium will allow the school system to better serve the needs of its students at
Grandin Court Elementary by providing a place for them play and exercise in a safe environment
when they are unable to go outside. It will also serve as a great benefit to those students with
disabilities whose learning environment is benefited by the action of play and exercise.
The proposed structure itself was chosen for its durability, functionality, speed of construction, and
affordability. While many of these structures in the past have been built in white the school system
will be choosing a colored membrane surface that will blend with the existing structures and
surrounding neighborhood. The benefit of such a system is that it allows the school system to provide
a much needed service for Grandin Court Elementary School in a quick time frame.
For information on shape and dimensions of the proposed structure please refer to the attached
manufacturer's information.
213 S. JeJfersonStrret, Suite 1011, Ro::trzdee, Viryjnia 24011 5401982-0800 Fax 5401982-1183
A Professional Corporation Offia:s in Narfdk, RUhrmnd, Alexandria, Ro::trzdee, ClJarlotte andRdeigfJ
http://uxiJWdarkrK?Xsen mm
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Tax number Owner Address
1561002 Grandin Ct Baptist Church 2660 Brambleton Ave
Roanoke, VA 24015
1560124 Wesley Curtis Graham 3124 Spring Rd
Suzan Roanoke, VA 24015
1560123 Herbert J. Argabright 3116 Spring Rd
Roanoke, VA 24015
1560121 Jeffrey F. Willard 3108 Spring Rd S",!
Annie E. Roanoke,VA 24015
1560119 Lynn D. Cyphers 3030 5pring Rd
Carolyn L. Roanoke, VA 24015
1560117 Joseph A. Rains 3020 Spring Rd
Deborah H. Roanoke, VA 24015
1560115 David C. Key 3012 Spring Rd
Roanoke,VA 24015
1560136 George A. Hubbard 3004 Spring Rd
Lois H. Roanoke, VA 24015
1641115 Roger A. Jones 2792 Beverly BLVD
Virginia L. Roanoke, VA 24015
1641114 Patrick T. Kennerly 2786 Beverly BLVD
Patricia M. RO?lnoke,VA 24015
1641112 Owner 1 Donna M. Byrd 2774 Beverly BLVD
Owner 2 Christopher A. Lewis Roanoke, VA 24015
1641111 Laurie A. 5cogin 2768 Beverly BLVD
Roanoke, VA 24015
1641110 Dallas C. Shelton 2762 Beverly BLVD
Agnes J. Roanoke, VA 24015
1641109 Alfred L. Ronk 2758 Beverly BLVD
Mary V. Roanoke, VA 24015
1641108 Owner 1 Robert H. Young 2752 Beverly BLVD
Owner 2 Joyce M. Young Roanoke, VA 24015
1641107 John W. Shepherd 2742 Beverly BLVD
Margaret M. Roanoke, VA 24015
1641307 Dawn E. Craft 2745 Beverly BLVD
Roanoke, VA 24015
1650320 H R Group LLC Physical 3237 Wood Lawn Ave
Owner's 3618 Brambleton Ave. Ste. E
Roanoke VA 24018
1650327 Donald J. Stefl Physical 2705 Brambleton Ave
Owner's 3318 One Oak Rd
Roanoke, VA 24018
1650328 David M. Arthur Physical 2711 Brambleton Ave.
Mollie Owner's 2709 Brambleton Ave
Roanoke, VA 24015
1650329 . Tommy Joe Williams 2721 Brambleton Ave
Kathy A. Roanoke, VA 24015
1650330 Owner 1 Robert H. Burton Physical 2826 Spessard Ave
Owner 2 Robert C. Burton Owner's 4770 Clippellam Dr
Roanoke, VA 24018
1650322 Joseph A. Lynch 2830 Spessard Ave.
Carolyn N. Roanoke,VA 24015
1650321 Julia Kay Woodard 2836 Spessard Ave
Roanoke, VA 24015
1650324 Barabra L. Huff Physical 2840 Spessard Ave
Owner's 6925 Shaver Rd SW
Roanoke Va, 24018
1650323 Paul E. Jones Physical 2844 Spessard Ave.
Cindy D. Owner's 351 Moses Ln
Salem, Va 24153
1650126 Daniel Burch 2903 Oak Crest Ave
Roanoke, VA 24015
1650125 Arlene W. Stoller 2907 Oak Crest Ave
Roanoke, VA 24015
1650124 Owner 1 Leigh O. Atkinson Jr Physical 2911 Oak Crest Ave.
Owner 2 Leigh O. Atkinson Jr Owner's 205 Abbey PL.
Boulder, CO 80302
1650123 Charlotte A. Leathers 2917 Oak Crest Ave
Roanoke, VA 24015
1650122 Brian R. Noe 2921 Oak Crest Ave
Roanoke, VA 24015
1650109 Ellen A. Battle 2927 Oak Crest Ave
Roanoke, VA 24015
1650108 Carolyn C. Michelman 2931 Oak Crest Ave
Roanoke, VA 24015
165010J Owner 1 Edward C. Moomaw Jr. Physical Spessard
Owner 2 Sandra S. Hawthorn Owner's 4076 South Mount Dr Sw
Roanoke, VA 24014
1650106 Elizabeth Holliday Blankemeyer 2943 Oak Crest Ave
,Roanoke,VA ,24015
1650105 B J King 3512 Brambleton Ave
Roanoke, VA 24015
1650104 Suzanne H. Casey 2949 Oak Crest Ave "
Roanoke,VA 24015
1650103 Cara P. Hubbard 4230 Elm Park Estates #214
Roanoke, VA 24014
1650101 Cara P. Hubbard 4230 Elm Park Estates #214
Roanoke, VA 24014
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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
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August 20,2009
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38576-081709 authorizing the City Manager to
enter into a Memorandum of Understanding between the City of Roanoke and the City
of Roanoke School Board pertaining to the Roanoke City Public Schools purchase of its
motor fuels from the City at dispensing facilities provided by the City.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17, 2009; and is in full force and effect upon its
passage.
Sincerely,
~0i .~t>v\)
Stephanie M. Moon, CMC .
City Clerk
Attachment
pc: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
Kenneth R. Bernard, Fleet Manager
~ .
~~~~'1
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2009.
No. 38576-081709.
AN ORDINANCE authorizing the City Manager to enter into a Memorandum of
Understanding between the City of Roanoke and the City of Roanoke School Board pertaining to the
Roanoke City Public Schools purchase of its motor fuels from the City at dispensing facilities
provided by the City; and dispensing with the second reading of this ordinance by title.
BE IT ORDAINED by the Council ofthe City of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute and attest,
respectively, on behalf of the City of Roanoke, in form approved by the City Attomey, a
Memorandum of Understanding between the City of Roanoke and the City of Roanoke School Board
pertaining to the Roanoke City Public Schools purchase of its motor fuels from the City at
dispensing facilities provided by the City, such Memorandum of Understanding to be upon such
terms and conditions as are more particularly described in the City Manager's letter dated August 17,
2009, to this Council.
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:
~h1.tv;nvw
City ClerIc
O-MOU-motor fuels with Schools.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
August 17, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, 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: Memorandum of
Understanding for Purchase of
Motor Fuels by Roanoke City
Public Schools (RCPS) from the
City
Background:
Due to the unpredictable nature of fuel pricing and because RCPS does not
have sufficient on-site storage capacity to purchase its motor fuels in large
enough bulk purchases to realize volume discounts, RCPS and the City desire
to enter into a memorandum of understanding wherein RCPS purchases its
motor fuels from the City at dispensing facilities provided by the City.
Considerations:
RCPS will be billed the price the City pays for the products plus an
administration and storage fee of ten cents per gallon (10<t/gallon); RCPS
guarantees to purchase a minimum of 250,000 gallons of ultra low sulfur
diesel fuel during the FY10 period, as part of this agreement. A copy of the
agreement is attached.
Honorable Mayor' and Members of City Council
August 17, 2009
Page 2
Recommended Action:
Authorize the City Manager to execute the attached memorandum of
understanding with RCPS implementing this agreement; such memorandum
to be approved as to form by the City Attorney's office.
Respectfully submitted,
Darlene L. Bu
City Manager
DLB:kb
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
James Grigsby, Assistant City Manager for Operations
Kenneth R. Bernard, Fleet Manager
Rita D. Bishop, Superintendent, Roanoke City Public Schools
Curtis D. Baker, Deputy Superintendent of Operations, Roanoke City Public
Schools
CM09-00 1 35
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ROANOKE AND
THE SCHOOL BOARD OF THE CITY Of ROANOKE
THIS MEMORANDUM OF UNDERSTANDING ("Memorandum") is dated July 1,
2009, by and between the CITY OF ROANOKE, VIRGINIA ("City"), and the SCHOOL
BOARD FOR THE CITY OF ROANOKE ("School Board").
WITNESSETH
WHEREAS, the City has capacity to store and distribute motor fuel within its Fleet
Management facility;
WHEREAS, the School Board has a need to store and distribute approximately 450,000
gallons of motor fuel to its vehicles each budget year; and
WHEREAS, the parties to this Memorandum recognize the benefits to each party for the
City to provide storage and administrative services to the School Board for the storage and
distribution of motor fuel to vehicles ofthe School Board.
THEREFORE, in consideration of the mutual promises, benefits and covenants, the City
of Roanoke, Virginia and the School Board for the City of Roanoke do hereby agree to the
following terms and conditions:
ARTICLE I
PURPOSE
The purpose of this Memorandum is to memorialize an agreement- between the City and the
School Board for the City to purchase, store, and distribute approximately 450,000 gallons of
motor fuel for use by the School Board for its vehicles in exchange for reimbursing the City for
the cost of the motor fuel plus an Administration and Storage Fee often cents per gallon of motor
fuel purchased by the School Board.
ARTICLE II
DEFINITIONS
As used in this Memorandum, the following terms shall have the meaning ascribed to them:
"Administration and Storage Fee" shall be defined as a surcharge often cents per gallon over the
base price of the motor fuel provided by the City and used by the School Board. The
Administration and Storage Fee shall be charged for only that motor fuel dispensed to the School
Board or its third party private vendor from the City's fuel depot.
MOU- City and Schools-Motor Fuel-7-2-09.DOC
1
"Base price" shall be defined as the price for motor fuel paid by the City.
"Fiscal year" shall be defined as being from July I until June 30 of each year.
"Motor fuel" or "fuel" shall be defined as any liquid product for the generation of power in an
internal combustion or turbine engine and includes, but is not necessarily limited to, gasoline,
diesel fuel, and gasoline-alcohol blends.
"School Board vehicles" or."School Board's vehicles" shall be defined as any vehicles owned or
used by the School Board, or any vehicle used by an agent or third party contractor of the School
Board in the service of the School Board.
ARTICLE III
OBLIGATIONS OF THE PARTIES
The parties to this Memorandum agree that the following represents their respective obligations:
A. The City's obligations:
I. Purchase and storage of motor fuel.
The City, upon receiving the motor fuel needs from the School Board, shall
purchase the motor fuel requested by the School Board for the School Board
vehicles, provided the City has sufficient storage capacity available for such
amount. If sufficient storage capacity is not available, the City will obtain only the
amount the City deems the City storage facilities can reasonably handle, and the
School Board shall be responsible for obtaining any additional motor fuel the
School Board might need. The City shall then store such motor fuel at its fleet
management facility so that School Board vehicles can obtain such fuel.
2. Administration of motor fuel usage.
The City shall administer the School Board's usage of motor fuel for the School
Board's vehicles. The City shall allow the School Board access to the City's
distribution equipment at the City's fleet maintenance facility located at 1802
Courtland Avenue, N.E., 24012 for the purpose of refueling the School Board's
vehicles. The City shall track the amount of fuel used by the School Board's
vehicles and shall prepare a monthly bill to the School Board for the cost of the
motor fuel purchased plus the Administration and Storage Fee. The City shall
send such monthly billto the School Board's, Finance Division, for payment.
MOU- City and Schools-Motor Fuel-7-2-09.DOC
2
3. Access to records.
The City shall make available the City's records regarding the City's motor fuel
purchases and billing related to the School Board's motor fuel purchases.
B. School Board's obligations:
1. Damages.
The School Board shall be responsible for any and all damages resulting from or
arising out of the School Board's or its agents, employees, or representatives
actions, activities, or omissions, negligent or otherwise, whether or not caused by
the School Board or any of its employees, agents, volunteers, or representatives,
while on the City's property or arising out of or resulting from the activities
provided for by this Memorandum, including but not limited to any fuel spills or
leakage offluids from School Board vehicles, failure of School Board personnel to
follow City procedures, as well as any vehicle accidents caused by School Board
personnel.
2. City procedures.
The School Board and all School Board personnel shall follow all of the City's
procedures for fueling vehicles, a copy of which is attached to and made a part of
this Memorandum.
3. Billing and payment.
The School Board shall pay the cost of all fuel purchased for all School Board
vehicles, including the Administration and Storage Fee and any fuel tax levied by
any entity and paid in connection with the purchase, delivery or resale by the
School Board of such fuel. Any such costs paid by the City shall be paid by the
School Board to the City within 30 days of the City issuing a bill to the School
Board. If the School Board fails to pay its bill from the City within 30 days, then
the School Board agrees that it will pay the City a late fee of five percent (5%) of
the amount due on such bill. Under no circumstances will the City be responsible
for any taxes that may. be levied or assessed in connection with the purchase,
delivery or resale by the School Board of fuel for School Board vehicles.
4. Notice of fuel needs.
The School Board shall communicate to the City its motor fuel needs at least thirty
(30) days prior to needing such motor fuel. The School Board shall also inform
th~ City ofthe type of fuel ~eeded for its vehicles.
MOU- City and Schools-Motor Fuel-7-2-09.DOC
3
5. , During the 2009/2010 fiscal year, the School Board shall purchase at least 250,000
gallons of Ultra Low Sulfur Diesel fuel ("ULSD") from the City. Articles II, III,
IV and VII shall survive the termination of this Memorandum.
ARTICLE IV
INSURANCE
The School Board agrees to name the City as an additional insured on School Board's
insurance policies as outlined in this Article and to provide proof of such insurance coverage to
the ,City's Risk Management Office. Such insurance policies must meet the following coverage
standards:
1. Commercial General Liability. Commercial General Liability insurance, written on
an occurrence basis, shall insure against all claims, loss, cost, damage, expense or
liability from loss of life or damage or injury to persons or property arising out of
the School Board's actions under this Memorandum. The minimum limits of
liability for this coverage shall be $1,000,000 combined single limit for anyone
occurrence.
2. Automobile Liability. The mmnnum limit of liability for automobile liability
insurance shall be $1,000,000 combined single limit applicable to owned or non-
owned vehicles used in the performance of any work under this Memorandum. .
3. Workers' Compensation. Workers' Compensation insurance covering the School
Board's statutory obligation under the laws of the Commonwealth of Virginia and
Employer's Liability insurance shall be l?aintained for all its employees engaged in
work on behalf of the School Board. Minimum limits of liability for Employer's
Liability shall be $100,000 bodily injury by accident each occurrence; $500,000
bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each
employee). The School Board's insurance company shall waive rights of
subrogation against the City, its employees, agents, and representatives.
4. The insurance coverages and amounts set forth in subsections (1), (2) and (3) of
this Article may be met by an umbrella liability policy following the form of the
underlying primary coverage in a minimum amount of $1,000,000. Should an
umbrella liability insurance coverage policy be used, such coverage shall be
accompanied by a certificate of endorsement stating that it applies to the specific
policy numbers indicated for the insurance providing the coverages required by
subsections (1), (2) and (3) and it is further agreed that such statement shall be
made a part of the certificate of insurance furnished by. the School Board to the
City.
MOU- City and Schools-Motor Fuel-7-2-09.DOC
4
ARTICLE V
TERM OF MEMORANDUM
The term of this Memorandum shall be for one year beginning on July 1, 2009 and ending June
30, 2010 subject to the termination rights of the parties as set forth in this Memorandum or by
law.
ARTICLE VI
TERMINATION
This Memorandum may be terminated by either party at any time for any cause, or no cause, by
giving sixty (60) days written notice signed by the party terminating the Memorandum and being
sent to the other party.
ARTICLE VII
NOTICE
Any notice, request, or demand given or required to be given under this Memorandum shall,
except as otherwise expressly provided herein, be in writing and shall be dee~ed duly given only
if delivered personally or sent by certified mail, return receipt requested to the addresses stated
below.
To the City:
City Manager
364 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Copy to:
Fleet Division
Attn: Fleet Manager
1802 Courtland Avenue, N.E.
Roanoke, VA 24012
To the School Board:
Superintendent
Roanoke City Public Schools
40 Douglass Avenue, NW
Roanoke, VA 24012
MOU- City and Schools-Motor Fuel-7-2-09.DOC
5
Notice shall be deemed to have been given, if delivered personally, upon delivery, and if mailed,
upon the third business day after the mailing thereof
ARTICLE VIII
MISCELLANEOUS
Compliance with the Law. The parties agree to comply with all local, state and federal laws as
they currently exist or may exist in the future during the term ofthis Memorandum.
Limitation of Assignment and Third Party Beneficiary. The provisions of this Memorandum may
not be assigned to any third party without the express written authorization of the City.
However, the parties acknowledge that the School Board has contracted with a third party private
vendor to provide transportation services on behalf of the School Board. The parties agree and
understand that this tJ:rird party private vendor may utilize and benefit from the services provided
under this Memorandum when the third party private vendor is providing transportation services
for the benefit of the School Board after such assignment
Force Maieure. A delay in or failure of performance by any party shall not constitute a default,
nor shall the City or the Schools be held liable for loss or damage, or be in breach of this
Memorandum, if and to the extent that such delay, failure, loss, or damage is caused by an
occurrence beyond the reasonable control of such party and its agents, employees, contractors,
subcontractors and consultants, which results from Acts of God or the public enemy, compliance
with any order of or request of any governmental authority or person authorized to act therefor~,
acts of declared or undeclared war, public disorders, rebellion, sabotage, revolution, earthquake,
floods, riots, strikes, labor or employment difficulties, delays in transportation, inability of party to
obtain necessary materials or equipment or permits due to existing or future' laws, rules, or
regulations or governmental authorities or any other causes, whether direct or indirect, and which
by the exercise of reasonable diligence said party is unable to prevent. Any party claiming a force
majeure occurrence shall give the other parties written notice ofthe same within 30 days after the
date such claiming party learns of or reasonably should have known of such occurrence, or any
such claim of force majeure shall be deemed waived.
Captions and Headings. The section captions and headings are for convenience and reference
purposes only and shall not affect in any way the meaning or interpretation of this Memorandum.
Severability. The invalidity, illegality or unenforceability of any provision ofthis Memorandum as
determined by a court of competent jurisdiction shall in no way affect the validity, legality or
enforceability of any other provision hereof.
MOU- City and Schools-Motor Fuel-7c2-09.DOC
6
Waiver. No failure of any party to insist on strict observance of any provIsIon of this
Memorandum, and no custom or practice of the parties at variance with the terms hereof, shall be
deemed a waiver of any provision of this Memorandum in any instance.
Governing Law. This Memorandum shall be governed by and construed in accordance with the
laws ofthe Commonwealth of Virginia. .
Entire Agreement: This Memorandum represents the entire integrated agreement between the
parties and supersedes all prior negotiations, representations or agreements, either written or oral.
This Memorandum shall not be am~nded or modified except by written instrument signed by the
parties.
IN WITNESS WHEREOF, the parties hereto have executed the same as of the day and year first
hereinabove written:
Attest
By:
Stephanie M. Moon, City Clerk
Attest
By:
Cindy H. Poulton, School Board Clerk
Approved as to Form for the City:
Assistant City Attorney
Approved as to Form for the School
Board:
Assistant City Attorney "
MOU- City and Schools-Motor Fuel-7-2-09.DOC
City of Roanoke, Virginia .
By:
Darlene L. Burcham
City Manager
School Board ofthe City of Roanoke
By:
Dr. Rita D. Bishop
Superintendent of Schools
Approved as to Execution for the City:
Assistant City Attorney
Approved as to Execution for the School
Board:
Assistant City Attorney
7
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August20,2009
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38577-081709 authorizing the City Manager to
execute a playground maintenance and inspection agreement dated July 1, 2009, which
will supersede the Playground and Maintenance Inspection Agreement dated
September 1, 2008, between the City of Roanoke and the School Board of the City of
Roanoke, upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17,2009; and is in full force and effect upon its
passage.
Sincerely,
~'(Y).'~U'v0
Stephanie M. Moon, CMC ~
City Clerk
Attachment
pc: Cindy H. Poulton, Clerk, Roanoke City School Board
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
Steven C. Buschor, Director, Parks and Recreation
~(~~O,
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2009.
No. 38577-081709.
AN ORDINANCE authorizing the City Manager to execute a playground maintenance and
inspection agreement dated July 1, 2009, which will supercede the Playground and Maintenance
Inspection Agreement dated September 1, 2008, between the City of Roanoke and the School Board
of the City of Roanoke, upon certain terms and conditions; and dispensing with the second reading
by title of this ordinance.
WHEREAS, the City of Roanoke and the School Board of the City of Roanoke have
requested to amend certain terms and conditions contained in the Playground and Maintenance
Inspection Agreement dated September 1,2008, between the City and the School Board and to have
such terms and conditions set forth in a new agreement between the parties.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authoriz~d to execute and attest,
respectively, in form approved by the City Attorney, a playground maintenance and inspection
agreement dated July 1, 2009, which will supercede the Playground and Maintenance Inspection
Agreement dated September 1,2008, between the City of Roanoke and the School Board of the City
of Roanoke, upon the terms and conditions as more particularly set forth in the City Manager's letter
dated August 17,2009, to this Council, and the copy of the playground maintenance and inspection
agreement attached thereto.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading ofthis
ordinance by title is hereby dispensed with.
ATTEST:
~m. fY]juvJ
City Clerk.
O-First Revised-Playground Agreement with Schools.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
August 17, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, 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 Playground
Maintenance and Inspection
Agreement
Background:
On August 18, 2008, by Ordinance Number 38191-081808, City Council
authorized an Agreement between the City of Roanoke ("City") and the City of
Roanoke School Board ("School Board") pertaining to the maintenance and
inspection of the playgrounds of the public schools within the City of Roanoke.
The previous Agreement expired June 30, 2009, and a new Playground
Maintenance and Inspection Agreement has been drafted for .a term
commencing July 1, 2009, through June 30, 2010, retroactive to July 1, 2009.
Considerations:
Subsequent to the original agreement, it has been deemed in the best interest
of both parties to make changes which would include, but are not limited to, a
change in the playground maintenance and inspection service fee, changes in
the specific inspection and maintenance services to be provided by the City,
and clarification of schedules. A copy of the proposed Playground Maintenance
and Inspection Agreement, as it was approved by the School Board on August
11, 2009, is attached to this report for Council's information and review. The
City's FY 2010 adopted budget includes proper revenue and expenditure
amounts to reflect the fact that the City will provide these services to Roanoke
Schools and that the Schools will be billed by the City for such services.
Honorable Mayor and Members of City Council
August 17, 2009
Page 2
Recommended Action:
Authorize the City Manager to execute the Playground Maintenance and
Inspection Agreement on behalf of the City, such Agreement be approved as to
form by the City Attorney.
Respectfully submitted,
Darlene L. Bu
City Manager
DLBjld
Attachment
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Steven C. Buschor, Director of Parks and Recreation
Gary Hegner, Superintendent of Parks and Facilities
CM09-00150
FIRST REVISED PLAYGROUND MAINTENANCE
AND INSPECTION AGREEMENT
THIS AGREEMENT made this 1st day of July, 2009, by and between the School Board of the
City of Roanoke (hereinafter "School Board") and the City of Roanoke, Virginia (hereinafter
"City").
WHEREAS, the School Board contracted with the City in fiscal year 2008-09 to maintain the
plaYgfounds ofthe public schools within the City of Roanoke; and
WHEREAS, the City maintains the playgrounds for all ofthe municipal parks within the City of
Roanoke; and
WHEREAS, in order to protect the health, safety and welfare of citizens using playgrounds of
the public schools and to achieve the safety benefits within our local governments, the School
Board desires to contract with the City to provide Playground Maintenance and Inspection
Services to all of its playgrounds; and
WHEREAS, the City and the School Board executed an Agreement dated September I, 2008
(hereinafter "Agreement"), in which the parties addressed playground maintenance and
inspection services between the parties; and
WHEREAS, the parties wish to supercede such Agreement dated September 1, 2008, with a
First Revised Playground Maintenance and Inspection Agreement dated July 1, 2009, to
memorialize the parties' previous practices and future intent.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
ARTICLE I
PURPOSE
The purpose of this Agreement is to memorialize an agreement between the City and the School
Board for the City to maintain and inspect the School Board's playgrounds.
ARTICLE II
DEFINITIONS
As used in this Agreement, the following terms shall have the meaning ascribed to them:
First Revised Playground Agreement-8-l7-09.doc
1
"Playground Maintenance and Inspection Services" shall be those services to be performed by
the City on behalf ofthe School Board and as described further in the attached Schedule A.
"Playgrounds" shall be defined as the facilities described and set forth in the attached Schedule
B.
ARTICLE III
OBLIGATIONS OF THE PARTIES
The parties agree that the following represents their respective obligations:
I. SERVICES PROVIDED BY THE CITY OF ROANOKE:
(A) The City agrees to provide the following services to the School Board:
(i) The City shall maintain and inspect the School Board's Playgrounds
during the term of this Agreement.
(ii) The PI~ygrounds to be maintained and inspected by the City under this
Agreement are set forth in Schedule B attached hereto. Any additions
and/or deletions to Schedule B shall be approved in writing by both
parties.
(iii) The City shall be responsible for all supplies, materials, repair parts and
equipment necessary to maintain and inspect all Playgrounds described in
Schedule B ofthis Agreement.
(iv) With approval of the School Board, the City shall have the authority to
remove any or all play equipment that it deems is unsafe or unsuitable. In
the event the School Board does not approve within two (2) business days
of notice from the City the removal of any play equipment that the City
deems is unsafe or unsuitable, the School Board shall immediately be
responsible for all maintenance, including removal or replacement of such
equipment, and inspection of the same. Any removal or replacement of
play equipment deemed by the City to be unsafe or unsuitable, but which
is not approved by the School Board, shall be at the expense of the School
Board.
(v) The City may, as part of the routine maintenance, retain the services of a
subcontractor to install any replacement as mutually agreed with the City
School contact. The cost of such services shall be as paid for by the school
system.
First Revised Playground Agreement-8-l7-09.doc
2
(B) The parties agree that the City shall perform the Playground Maintenance and
Inspection Services in a good and workmanlike manner consistent with the
manner in which the City's playgrounds are maintained.
(C) The parties agree that the City will address the initial playground maintenance and
inspection needs of the School Board as set forth in Schedule A in an expedited
manner as time and manpower reasonably permit.
(D) To the extent that the Deputy Superintendent of the School Board is not
reasonably satisfied with any aspect of the City's perfo'rmance hereunder, the
Deputy Superintendent will notify the City in writing, and the City shall take
reasonable steps in a reasonably timely manner, as funding and manpower permit,
to respond in a positive and effective manner to address the concerns of the
School Board. Failure to attempt to take such reasonable steps shall be deemed to
be an event of default on the part of the City. Failure by the Deputy
Superintendent to notify the City of any alleged breach of this Agreement within
ten (10) business days shall constitute a waiver of any such alleged breach of this
Agreement.
(E) During the term of this Agreement, the City will train, manage and direct all City
employees engaged in the Playground Maintenance and Inspection Services. The
City will perform all administrative responsibilities which relate to the
employment of such employees during the term of this Agreement.
II. FEES TO BE PAID BY, AND OBLIGATIONS OF, THE SCHOOL BOARD
(A) The School Board shall make a payment to the City of One Hundred Fourteen
Thousand Six Hundred Forty Nine Dollars ($114,649.00) for playground
maintenance and inspection services from July 1, 2009 through June 30,2010, by
July 31,2009. After the 2009/2010 fiscal year, a mutually agreed upon annual
playground maintenance and inspection fee shall be established by the parties for
all subsequent fiscal years of this Agreement by the fifteenth day of March
preceding the first day of the next term to be paid by the School Board. Payment
of the playground maintenance and inspection fee shall be made no later than the
thirty-first day of July of each successive one-year term this Agreement is in
force.
(B) The parties expect to meet at least once per quarter to review and analyze the cost
. of the Playground Maintenance apd Inspection Services provided by the City and
whether such services for the preceding' quarter were of an adequate quality.
These meetings shall also determine the playground maintenance needs of the
School Board for the next quarter.
(C) The School Board will notify the City, in writing, within two (2) business days of
any personal injury, or claim for such injury, occurring on any Playground.
First Revised Playground Agreement-8-l7-09.doc
3
ARTICLE IV
TERM, TERMINATION, RENEWAL AND DEFAULT
(A) Initial Term and Renewal:
After the Initial Term from July 1, 2009, until June 30, 2010, this Agreement may be
renewed for successive one (1) year terms, beginning July 1 of each year, up to a total of
three (3) successive additional one-year terms. Each successive term shall be from the
first day of July through the thirtieth day of June for each one year term. Each one year
term will renew automatically, provided there is agreement between the parties by the
fifteenth day of March preceding the next term, establishing the amount of the annual
Playground Maintenance and Inspection fee and provided neither party has delivered a
notice of termination as provided by this Agreement. Such amounts may include
reimbursement for funds properly spent by the City under this Agreement but not yet
charged to the School Board, or expenses charged to the School Board under this
Agreement but not incurred by the City.
(B) Termination:
Either the City or the School Board may terminate this Agreement if there is a material
default (non-compliance) under the terms of this Agreement, and should the defaulting
party fail to cure such non-compliance within ninety (90) days after receipt of written
notice from the non-defaulting party specifying:
(i) the act(s) or omission(s) that constitute the breach, and
(ii) stating that this Agreement shall terminate on a date not less than ninety (90) days
after the defaulting party's receipt of such notice of the breach, if the breach is not
cured within such (90) day period.
If the breach is cured within the specified time period, this Agreement shall not terminate.
Failure of a party to provide additional notice of default within ten (10) business days after a
party's attempt to cure a breach shall constitute acceptance of the attempt to cure.
Notwithstanding the foregoing termination provision, either party may terminate this Agreement,
for any reason or for no reason, without cause, by giving written notice six (6) months in
advance of the effective date of termination. Any party providing notice of termination of this
Agreement for no cause shall not be responsible for costs incurred by the other party as a result
of such termination.
First Revised Playground Agreement-8-l7-09.doc
4
ARTICLE V
NOTICE
Any notice, request, or demand given or required to be given under this Agreement shall, except
as otherwise expressly provided herein, be in writing and shall be deemed duly given only if
delivered personally or sent by certified mail, return. receipt requested to the addresses stated
below.
To the City:
Darlene L. Burcham, City Manager
215 Church Ave SW # 364
Roanoke, VA 24011
Phone: 540-853-2333
To the School Board:
Dr. Rita D. Bishop, Superintendent
Roanoke City Public Schools
40 Douglass A venue, NW
Roanoke, VA 24012
Phone: 540-853-2381
Notice shall be deemed to have been given, if delivered personally, upon delivery, and if mailed,
upon the third business day after the mailing thereof
ARTICLE VI
ADDITIONAL TERMS
Compliance with the Law. The parties agree to comply 'with all local, state and federal laws as
they currently exist or may exist in the future during the term of this Agreement.
Compliance with Virginia Code Section 22.1-296.1. The Director of Parks and Recreation
("Director") shall execute the attached certification (Schedule C ).
Records. The City shall maintain complete and accurate records, in a form mutually agreeable to
the parties, to substantiate its charges for the services hereunder. Upon request, the School Board
shall have the right to inspect and copy such records.
Assignment. The provisions of this Agreement may not be assigned and are for the exclusive
benefit of the parties hereto and not for the benefit of any third person, nor shall this Agreement
be deemed to have conferred any rights, express or implied, upon any third person unless
otherwise expressly provided for herein.
Force Maieure. A delay in or failure of performance by any party shall not constitute a default,
nor shall the City or the School Board be held liable for loss or damage, or ,be in breach of this
Agreement, if and to the extent that such delay, failure, loss, or damage is caused by an
occurrence beyond the reasonable control of such party and its agents, employees, contractors,
First Revised Playground Agreement-8-l7-09.doc
5
subcontractors and consultants, which results from Acts of God or the public enemy, compliance
with any order of or request of any governmental authority or person authorized to act therefore,
acts of declared or undeclared war, public disorders, rebellion, sabotage, revolution, earthquake,
floods, riots, strikes, labor or employment difficulties, delays in transportation, inability of party
to obtain necessary materials or equipment or permits due to existing or future laws, rules, or
regulations or governmental authorities or any other causes, whether direct or indirect, and which
by the exercise of reasonable diligence said party is unable to prevent. Any party claiming a
force majeure occurrence shall give the other parties written notice of the same within 30 days
after the date such claiming party learns of or reasonably should have known of such occurrence,
or any such claim of force majeure shall be deemed waived, unless such delay is due to the
weather or equipment failure or breakdown.
Independent Contractor. Neither the City nor any of its employees shall be deemed to be
employees of the School Board for any purpose.
Captions and Headings. The section captions and headings are for convenience and reference
purposes only and shall not affect in any way the meaning or interpretation ofthis Agreement.
Severability. The invalidity, illegality or unenforceability of any provision ofthis Agreement as
determined by a court of competent jurisdiction shall in no way affect the .validity, legality or
enforceability of any other provision hereof
Waiver. No failure of any party to insist on strict observance of any provISIon of this
Agreement, and no custom or practice of the parties at variance with the terms hereof, shall be
deemed a waiver of any provision of this Agreement in any instance, unless otherwise indicated
in this Agreement.
Governing Law. This Agreement shall be governed by and construed in accordance with the
laws ofthe Commonwealth of Virginia.
Entire Agreement. This Agreement represents the entire agreement between the parties and
supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement shall not be amended or modified except by written instrument signed by the parties.
SIGNATURE PAGE TO FOLLOW
fOirst Revised Playground Agreement-8-l7-09odoc
6
IN WITNESS WHEREOF, the parties hereto have executed the same a~ of the day and year first
hereinabove written:
Attest
By:
Stephanie M. Moon, City Clerk
Attest
By:
Cindy H. Poulton, School Board Clerk
Approved as to Form for the City:
Assistant City Attorney
Approved as to Form for the School
Board:
Assistant City Attorney
First Revised Playground Agreement-8-l7-09.doc
City of Roanoke, Virginia
By:
Darlene L. Burcham
City Manager
School Board of the City of Roanoke
By:
Dr. Rita D. Bishop
Superintendent of Schools
Approved as to Execution for the City:
Assistant City Attorney
Approved as to Execution for the School
Board:
Assistant City Attorney
7
SCHEDULE A
PLAYGROUND MAINTENANCE AND INSPECTION SERVICES
The City's maintenance of playgrounds will consist of inspection of all of such playgrounds on
an approximately monthly basis, repair of such playgrounds as needed, installation of new
borders at locations mutually agreed upon, and installation and maintenance of fall zone safety
surfacing at locations mutually agreed upon.
First Revised Playground Agreement-8-l7-09.doc
8
SCHEDULE B
PLAYGROUNDS
PlaV2round Service Locations
Preston Park Elementary School
Lincoln Terrace Elementary School
Round Hill Elementary School
Fairview Elementary School
Westside Elementary School
Roanoke Academy of Math and Science (RAMS)
Morningside Elementary School
Fallon Park Elementary School
Garden City Elementary School
Monterey Elementary School
Noel C. Taylor at Oakland*
Wasena Elementary School
Crystal Spring Elementary School
Hurt Park Elementary School
Grandin Court Elementary School
Fishburn Park Elementary School
Virginia Heights Elementary School
Raleigh Court Elementary School
Address
3142 Preston Avenue NW
1802 Liberty Road NW
2020 Oakland Blvd NW
648 Westwood Blvd NW
1441 Westside Blvd NW
1122 I 9th Street NW
1716 Wilson StreetSE
502 19th Street SE
3710 Garden city Blvd. SE
4501 Oliver Road NE
. 3229 Williamson Road NE
1115 Sherwood Avenue S W
2620 Carolina Avenue SW
1525 Salem Avenue SW
2815 Spessard Avenue SW
3057 Colonial Avenue SW
121O Amherst Street SW
2202 Grandin Road SW
*School status changed for 2009-10,. however, until the playground equipment
is removed, services under this Agreement will continue.
First Revised Playground Agreement-8-l7-09.doc
9
SCHEDULE C
ROANOKE CITY PUBLIC SCHOOLS
CERTIFICATION OF COMPLIANCE WITH VA CODE 22.1-296.1
A sworn statement or affIrmation disclosing whether based upon a criminal background check, the
persons identified below have been convicted of a felony or any offense involving the sexual molestation
or physical or sexual abuse or rape of a child, or are known to the Director of Parks and Recreation to be
the subject of any pending criminal charges within or outside the Commonwealth involving a felony or
any offense involving the sexual molestation or physical or .sexual abuse or rape of a child.
List of employee(s) assigned to the Agreement:
Gary Hegner
Michelle Phoenix
Jerry Bohannon
Kenneth Hylton
Brian Harris
James Flinchum
Clifford Gunn
John Henderson
William Allen
By signature below, I hereby affrrni and certify that a criminal background check has been performed as
part of the employment process for the above listed persons and that to the best of my information and
belief, and based upon the results of such background check, these individuals have never been convicted
of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child.
Further, to the best of my actual knowledge and belief, none of these individuals is currently the subject
of any pending criminal charges involving a felony or any offense involving the sexual molestation or
physical or sexual abuse or rape of a child.
If the employees assigned to this Agreement change, an updated copy of this form must be submitted to
the Director of Purchasing & Contract Office, 40 Douglass Avenue, Roanoke, VA 24012, before an
added employee can begin work pursuant to the Agreement.
Only employees on this list will be allowed on campus during regular school hours, during school
sponsored activities or be allowed to interact with students.
Name of Company OffIcer
Date
Signature of Company Officer
First Revised Playground Agreement-8-l7-09.doc
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
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
August 20, 2009
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38578-081709 amending Section 21-25, Willful
damaqe to or defacement of public private facilities, of Article I, In General, of
Chapter 21, Offenses-Miscellaneous, to conform the provisions of Section 21-25 with
changes in state enabling legislation.
. The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17, 2009; and is in full force and effect upon its
passage.
Sincerely,
~h,. ~Uv0
Stephanie M. Moon, CMC
City Clerk
Attachment
pc: The Honorable Brenda S. Hamilton, Clerk of Circuit Court
The Honorable Sherman A. Holland, Commissioner of the Revenue
The Honorable Evelyn W. Powers, City Treasurer
Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316
(electronic version)
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Raymond F. Leven, Office of the Magistrate
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Lora A. Wilson, Law Librarian
Cecelia T. Webb, Assistant Deputy City Clerk
A. L. Gaskins, Chief of Police
~'v\(.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2009.
No. 38578-081709.
AN ORDINANCE amending Section 21-25, Willful damage to or defacement of public private
facilities, of Article I, In General. of Chapter 21, Offenses-Miscellaneous, to conform the provisions
of Section 21-25 with changes in state enabling legislation; and dispensing with the second reading by
title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 21-25, Willful damage to or defacement of public private facilities, of Chapter
21, Offenses-Miscellaneous is hereby amended and reordained to read-and provide as follows:
Sec. 21-25. Willful damage to or defacement of public or private facilities.
(a) Graf11ti Defacement defined. GraffitiD~racement means the unauthorized
application by any means of any writing, painting, drawing, etching, scratching, or
marking of an inscription, workd, mark; figure or design of any type. on any pHbfle
buildings, fa~ilities Ul'ld-personal propelty or any private buildings, facilities and personal
property.
(b) VIolation and penalty. It shall be unlawful and a Class 1 misdemeanor for any
person to willfully and maliciously damage or deface, by application of graffiti or
otherwise, any public buildings, facilities and personal property or any private buildings,
facilities and personal property. The punishment for any such violation in which the
defacement is (i) more than 20 feet off the ground, (ii) on arailroad or highway overpass,
or (iii) committed for the benefit of, at the direction of, or in association with any
criminal street gang, as that term is defined by section 18.2-46.1, Code of Virginia, shall
incl}lde a mandatory minimum fine of five hundred dollars ($500.00).
(c) Community service.
(1) Upon a finding of guilt in any case tried before the court without a jury,- if the
violation of this section constitutes a first offense which results in property damage or
loss, the court, without entering a judgment of guilt, upon motion of the defendant, may
defer further proceedings and place the defendant on probation pending completion of a
plan of community service work. If the defendant. fails or refuses to complete the
community service as ordered by the court, the court may make final disposition of the
case and proceed as otherwise provided. If the community service work is completed as
the court prescribes, the court may discharge the defendant and dismiss the proceedings
against him. Discharge and dismissal under this section shall be without adjudication of
guilt and is a conviction only for the purposes of applying' this section in subsequent
proceedings.
K:\Measures\Code Amendment 21-25 Defacement of public private facilities.doc
1
(2) Any community service ordered or directed for a violation of subsection (b) shall,
to the extent feasible, include the repair, restoration or replacement of any damage or
defacement to property within the city and may include clean-up, beautification,
landscaping or other appropriate community service within the city. A designee of the
city manager shall supervise the performance of any community service work required
and shall report thereon to the court imposing such requirement. At or before the time of
sentencing, the court shall receive and consider any plan for making restitution or
performing community service submitted by the defendant. The court shall also receive
and consider the recommendations of the supervisor of community service in the city
concerning the plan.
(3) Notwithstanding any otheLprovision of law, no person convicted of a violation of
this section shall be placed on probation or have his sentence suspended unless such
person shall make at least partial restitution for such property damage or is compelled to
perform community services, or both, as is more particularly set forth in Code of Virginia
section 19.2-305.1.
(d) Authority of city to remove or repair.
(1) The city manager is authorized to undertake or contract for the removal or repair
of the defacement, including but not lin-:.ited to defacement by application of graffiti, of
any public building, wall, fence .or other structure or any private building, wall, fence or
other structure where such defacement is visible from any public right-of-way.
(2) Prior to such removal, the city manager shall give notice to the owner and lessee, .
if any, of any private building or facility that has been defaced that, within fifteen (15)
days' of receipt of such notice, if the .owner or lessee does not clean or cover the
defacement or object to the removal of the defacements, the city may clean,-eF cover, or
repair the defacement.
(3) Except as provided herein, Aall such removal or repair, unless undertaken by the
property owner, shall be at the expense of the city; provided however, that the removal or
repair work may be undertaken by volunteers or individuals required to perform
community service by order of any court, under appropriate city supervision.
(4) If the defacement occurs on a public or private building, 'vvall, fence, or other
structure located on an unoccupied property, and the city, through its own agents or
employees, removes or repairs the defacement and after complying with the notice
provisions of this section; the actual cost or expenses thereofshall be chargeable to and
paid by the owners of such property and may be collected by the city as taxes are
collected.
(5) EVel)! charge authorized by this section with which the owner of any such
property shall have been assessed and that remains unpaid shall constitute a lien against
such property, ranking on a pari~y with liens for unpaid local taxes and enforceable in
the same manner as provided in Articles 3 (.~'58.1-3940 et seq.) and 4 (9'58.1-3965 et
seq.) of Chapter 39 of Title 58.1, Code of Virginia. The director of finance may waive
and release such liens in order to facilitate the sale of the property. Such liens may be
waived only as to a purchaser 1,.v/1o is unrelated by blood or marriage to the owner and
who has no business association with the owner. All such liens shall remain a personal
obligation of the owner of the property at the time the liens were imposed.
(6) The court may order any person convicted of unlartfully defacing property
described in subsection (b) to pa.y full or partial restitution to the city for costs incurred
by the cizv in removing or repairing the defacement.
K:\Measures\Code Amendment 21-25 Defacement of public private facilities.doc
2
(7) An order of restitution pursuant to this section shall be docketed as provided in ,~'8. 01-
446, Code of Virginia, 1then so ordered by the court or upon written request of the city and
may be enforced by the city in the same manner as ajudgment in a civil action.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is dispensed with.
ATTEST:
~h1. ro; 6>MJ
City Clerk.
K:\Measures\Code Amendment 21-25 Defacement of public private facilities.doc
3
CITY OF ROANOKE
OFFICE OF CITY ATIORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE. VIRGINIA 24011-1595
WILLIAM M. HACKWORTH
CITY ATrORNEY
TELEPHONE: 540-853-2431
FAX: 540-853-\22\
EMAIL: cilyaltY@TOanokeva.gov
August 17, 2009
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: "Graffiti" ordinance
Dear Mayor Bowers and Members of Council:
TIMOTHY R. SPENCER
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
REAmER P. FERGUSON
ASSISTANTCrrv ATrORNEYS
During its last session, the General Assembly comprehensively amended Sections 15.2-
1812.2 and 15.2-908, Code of Virginia, the enabling statutes for localities to enact what are
commonly referred to as "graffiti" abatement ordinances. I have prepared for your consideration the
attached ordinance which amends Section 21-25 of the City Code to incorporate the changes in State
enabling legislation. Of importance to localities is a new provision authorizing localities to place
liens on certain unoccupied property, if the locality, after having given the property owner and the
lessees proper notice, has to abate the "graffiti."
Please let me know if you have any questions about this matter.
With kindest personal regards, I am
Sincerely yours,
W~ M,~
William M. Hackworth
City Attorney
WMH/lsc
Enclosure
c: Darlene L. Burcham, City Manager (w/encl.)
Chief A. L. Gaskins, Police (w/encl.)
Thomas Carr, ill, Director, Planning Building and Development (w/encl.)
Stephanie Moon, City Clerk (w/encl.)
STEPHANIE M. MOON, CMC
City Clerk
-Cindy H. Poulton, Clerk
Roanoke City School Board
Roanoke, Virginia
Dear Ms. Poulton:
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
CECELIA T. WEBB
Assistant Deputy City Clerk
August 20,2009
I am enclosing copy of Budget Orqinance No. 38579-081709 appropriating funding from
the Federal and Commonwealth governments for various educational programs; and
amending and reordaining certain sections of the 2009-2010 School Fund
Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17, 2009; and is in full force and effect upon its
passage.
Enclosure
Sincerely,
~m.1rtOl1hJ
Stephanie M. Moon, CMC
City Clerk
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Sherman M. Stovall, Director, Management and Budget
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2009.
No. 38579-081709.
AN ORDINANCE to appropriate funding from the Federal and Commonwealth
governments for various educational programs amending and reordaining certain
sections of the 2009-20.10 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 2009-2010 School Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Materials and Supplies
Technical Hardware
Capital Equipment
Supplemental Pay
Social Security
Coordinator Salary
Clerical
Social Security
Teacher Salary
Supplemental Pay
State Group Life Insurance
Social Security
Retirement
Mileage
Professional Development
Materials & Supplies
Technology Hardware
Teachers
Professional Services
Instructional Supplies
Revenues
State Grant Receipts
State Grant Receipts
Federal Grant Receipts
State Grant Receipts
Federal Grant Receipts
302-170-3000-1160-3060-61100-46614-3-03
302-170-3000-1160-3060-61100-46650-3-03 .
302-170-3000-1160-3060-611 00-48821-3-03
302-110-0000-1304-3090-61100-41129-3-01
302-110-0000-1304-3090-61100-42201-3-01
307 -140-0000-1 000-145S-6121 0-41138-9-:08
307 -140-0000-1 000-145S-6121 0-41151-9-08
307 -140-0000-1 000-145S-6121 0-42201-9-08
302-120-0000-1050-3300-61100-41121-3-02
302-120-0000-1050-3300-61100-41129-3-02
302-120-0000-1050-3300-61100-42200-3-02
302-120-0000-1050-3300-61100-42201-3-02
302-120-0000-1050-3300-61100-42202-3-02
302-120-0000-1050-3300-61100-45551-3-02
302-120-0000-1050-3300-61100-45554-3-02
302 -120-0000-1 050-3300-61100-46614-3-02
302-120-0000-1050-3300-61100-46650-3-02
302-120-0000-0000-1110-61100-41121-9-02
302-120-0000-0000-1110-61100-43311-9-02
302-120-0000-0000-1110-61100-46614-9-02
302-000-0000-0000-3060-00000-32252-0-00
302-000-0000-0000-3090-00000-32418-0-00
307 -000-0000-0000-145S-00000-38196-0-00
302-000-0000-0000-3300-00000-32295-0-00
302-000-0000-0000-1110-00000-38027 -0-00
$ 6,000.00
4,000.00
2,459.80
19,507.66
1,492.34
5,544.79
7,000.00
1,405.21
13,176.00
2,840.00
126.10
1,225.23
1,819.60
(1,250.00)
(250.00)
(250.00)
(250.00)
93,758.00
10,000.00
15,000.00
12,459.80
21,000.00
13,950.00
17,186.93
118,758.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~h1. "10~
City Clerk.
August 12, 2009
The Honorable David Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As a result of official School Board action on August 11, 2009, the Board
respectfully requests City Council approve the following appropriations:
New:
Career and Technical Education Equipment 2009-10
Project Graduation Summer Academy 2009-10
$12,459.80
$21,000.00
$13,950.00
ARRA - Title X Homeless Assistance Program 2009-10
Revised:
Special Education in the Jail 2009-10
IDEA Part B, Section 611 Flow Through 2009-10
$17,186.93
$118,758.00
The School Board thanks you for your approval of the appropriation
requests as submitted.
Sincerely,
~~~~~
Cindy ~ton, Clerk
pc: David B. Carson
Rita D. Bishop
Curtis D. Baker
Margaret A. Lindsey
William M. Hackworth
Ann H. Shawver
Yen Ha (with accounting details)
Darlene L. Burcham
p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info
ROANOKE CITY
PUBLIC SCHOOLS
Strong Students. Strong Schools. Strong City.
School Board
David B. Carson
Chairman
Jason E. B;ngham
Vice Chairman
Mae G. Huff
Suzanne P. Moore
Courtney A. Penn
Todd A. Putney
Lori E. Vaught
Dr. R;ta D. B;shop
Superintendent
Cindy H. Poulton
Clerk of the Board
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 461
PO Box 1220
Roanoke, Virginia 24011-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER, CPA
Director of Finance
August 1 7, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice-Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, 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 Appropriations
As a result of official School Board action on August 11, 2009, the Board respectfully
requests City Council approve the following appropriations:
New:
Career and Technical Education Equipment 2009-10
Project Graduation Summer Academy 2009-10
ARRA - Title X Homeless Assistance Program 2009-10
$12,459.80
$21,000.00
$13,950.00
Revised:
Special Education in the Jail 2009-10
IDEA Part B, Section 611 Flow Through 2009-10
$ 17,186.93
$118,758.00
We recommend that you concur with this report of the School Board and adopt the
attached budget ordinance to appropriate funding as outlined.
Sincerely,
.!(J6~
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, Direct9r of Management and Budget
Rita D. Bishop, Superintendent; Roanoke City Public Sch'ools
Curtis D. Baker, Deputy Superintendent, Roanoke City Public Schools
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
August 20, 2009
The Honorable Robert Goodlatte
The Honorable Jim Webb
The Honorable Mark Warner
Edward Schaben, Postmaster-Roanoke
John Potter, Postmaster General
Gentlemen:
I am enclosing copy of Resolution No. 38580-081709 requesting the U. S. Postal
Service not to close or consolidate post offices in the City of Roanoke.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17,2009;
Sincerely,
~'rY), ?:rtvV
Stephanie M. Moon, CMC
City Clerk
Enclosure
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
~~
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 17th day of August, 2009.
No. 38580-081709.
A RESOLUTION requesting the U. S. Postal Service not to close or consolidate post offices in
the City of Roanoke.
WHEREAS, the independent U. S. Government Postal Regulatory Commission has completed
a study, called "Making Sense ofIt All: An Examination of US PC's Station and Branch Optimization
Initiative and Delivery Route Adjustments," which'projects that the U. S. Postal Service is expected to
lose approximately $7.1 billion by the end of the 2009 fiscal year;
WHEREAS, the U. S. Postal Service, accordingly, is exploring ways to trim its costs of
operation, and is considering closing or consolidating at least 677 post offices throughout the country,
including the downtown, Grandin Road, Hollins College, Melrose, and Williamson Road branches in
the Roanoke area;
WHEREAS, the U. S. Postal Service currently operates 32,741 post offices throughout the
country, and it appears that the five stations selected for study in the Roanoke area reflect a
disproportionate number of localpostal stations being studied for possible closure or consolidation
with other offices; and
WHEREAS, each of the eleven post offices in the Roanoke area is important to local residents,
and should remain .open;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
. 1. The U. S. Postal Service is respectfully requested not to close or consolidate any of the
post offices in the City of Roanoke. .
K:\Measures\Post Office Closure 2009.doc
2. The City Clerk is directed to forward certified copies ofthis Resolution to Congressman
Bob Goodlatte, Edward Schaben, Postmaster, Roanoke, and Postmaster General John Potter.
ATTEST:
m. ~DbvV
City Clerk.
K:\Measures\Post Office Closure 2009.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
August20,2009
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38581-081709 authorizing the proper City officials
to execute a Deed of Gift of Easement from the City of Roanoke to the Virginia
Outdoors Foundation, and the Western Virginia Land Trust, granting to the Foundation
and the Trust, a conservation easement covering approximately 5,178 acres at the
Carvins Cove Natural Reserve, such easement covering all the portion of the Reserved
owned by the City between the 1,500 and 1,200 foot elevation contour lines as depicted
on the Daleville, Catawba, Roanoke and Salem USGS Topographic Quadrangle Maps.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 17,2009; and is in full force and effect upon its
passage.
Sincerely,
~m. OY)O~
Stephanie M. Moon, CMC
City Clerk
Enclosure
pc: William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
Steven C. Buschor, Director, Parks and Recreation
!"'~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 11th day of August, 2009.
No. 38581-081109.
AN ORDINANCE authorizing the proper City officials to execute a Deed of Gift of
Easement from the City of Roanoke to the Virginia Outdoors Foundation, and the Western Virginia
Land Trust, granting to the Foundation and the Trust a conservation easement covering
approximately 5,178' acres at the Carvins Cove Natural Reserve, such easement covering all the
portion ofthe Reserve owned by the City between the 1,500 and 1,200 foot elevation contour lines
as depicted on the Daleville, Catawba, Roanoke and Salem USGS Topographic Quadrangle Maps;
and dispensing with the second reading by title of this ordinance.
WHEREAS, a public hearing was held August 17, 2009, pursuant to ~15.2-1800(B) and
S 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens
were afforded an opportunity to be heard on the above referenced matter.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and City Clerk are hereby authorized to execute and attest,
respectively, in form approved by the City Attorney, a Deed of Gift of Easement from the City of
Roanoke to the Virginia Outdoors Foundation and the Western Virginia Land Trust, upon certain
terms and conditions, as more particularly set forth in the August 17, 2009, letter of the City
Manager to Council.
2. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading ofthis
ordinance by title is hereby dispensed with.
ATTEST:
i;tM~e~' '?~
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
August 17, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, 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:
Carvins Cove
Conservation Easement
The City of Roanoke proposes to /grant a conservation easement to the
Virginia Outdoors Foundation and/the Western Virginia Land Trust covering
approximately 5,178 acres at the Carvins Cove Natural Reserve. The
easement consists of the portion of the Reserve owned by the City that is
below the 1,500 foot elevation and above the 1,200 contour line as
depicted on the Daleville, Catawba, Roanoke and Salem USGS Topographic
Quadrangle Maps.
The Deed of Gift of Easement outlines the restrictions of future use on this
portion of the Cove property, forest management, use of property for
commercial activities, grading, blasting and mining, accumulation of trash,
riparian buffer and any future buildings or signage erected within the
easement area. The easement also outlines the roles and responsibilities
of the City as grantor, and of the Virginia Outdoors Foundation and
Western Virginia Land Trust as grantees. The easement is perpetual as to
its duration. A copy of the easement is attached for City Council's
information.
. Honorable Mayor and Members of City Council
August 17, 2009
Page 2
.
Recommended Action:
Authorize the City Manager and City Clerk to execute and attest,
respectively, in form approved by the City Attorney, a Deed of Gift of
Easement from the City of Roanoke to the Virginia Outdoors Foundation
and the Western Virginia Land Trust.
Respectfully submitted,
Darlene L. Bur. ham
City Manager
DLBjSCBjld
Attachment
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Asst. City Manager for Community Development
Steven C. Buschor, Director of Parks and Recreation
CM09-00143
Prepared by: Virginia Outdoors Foundation
1108 E. Main St., Suite 700, Richmond, VA 23219, as revised by the City of Roanoke
TAX MAP NO. OR PIN:
(Tax Map Nos. in Roanoke County)
018.00-01-09.00-0000
018.00-01-09.00-0000A
018.00-01-09.00-0000B
018.00-01-09.00-0000C
018.00-01-01.00-000Z
009.00-01- 21. 00-0000
009.00-01-20.01-0000
(Tax Map Nos. in Botetourt County)
98-20
99-1
100- 78
Exempted from recordation tax
under the Code of Virginia (1950), as amended,
Sections 58.1-811 (A) (3),58.1-811 (D) and 10.1-1803
and from Circuit Court Clerk's fee under Section 17.1-266
THIS DEED OF GIFT OF EASEMENT (this "Easement"), made this _ day of
, 2009, by and among the CITY OF ROANOKE, VIRGINIA ("Grantor") the
VIRGINIA OUTDOORS FOUNDATION (VOF), an agency of the
COMMONWEALTH OF VIRGINIA, and the WESTERN VIRGINIA LAND TRUST, a
non-profit non-stock corporation (WVL T), ("Grantees") (the designations "Grantor" and
"Grantees" refer to the Grantor and Grantees and their respective successors and assigns),
WITNESSETH:
WHEREAS, Grantor is the owner in fee s.imple of real property situated on State
Route 1404 (Timberview Road), State Route 740 (Carvins Cove Road), and State
Highway 115 (Plantation Road) in Roanoke County, Virginia, and on State Route 648
(Reservoir Road) in Botetourt County, Virginia, containing in the aggregate
approximately II ,363 acres which is a portion of the area commonly known as Carvins
Cove (see Schedule A attached hereto and made a part hereof), and desires to give and
convey to Grantees a perpetual conservation and open-space easement over
approximately 5,178 acres of such property (the "Property", consisting of all such
property lying below the 1,500-foot elevation contour line and above the 1,200-foot
elevation contour line, as further described below); and
WHEREAS, VOF is a governmental agency of the Commonwealth of Virginia
and a "qualified organization" and "eligible donee" under Section 170(h)(3) of the
Internal Revenue Code of 1986, as amended (and corresponding provisions of any
subsequent tax laws) (IRC) and Treasury Regulation S1.170A-14(c)(1), and is willing to
accept a perpetual conservation and open-space easement over the Property; and
WHEREAS, WVL T is a charitable corporation exempt from taxation pursuant to
IRC S 501(c)(3) and a "qualified organization" and "eligible donee" under IRC S170
(h)(3), as amended, (and corresponding provisions of any subsequent tax laws) (IRC) and
Treasury Regulation S1.170A-14(c)(I) and is willing to accept a perpetual conservation
and open-space easement over the Property; and
WHEREAS, the Virginia Conservation Easement Act, Chapter 10.2 of Title 10.1,
SSI0.1-1009 through 10.1-1016 of the Code of Virginia, authorizes a charitable
corporation, association or trust exempt from taxation, pursuant to 26 U.S.C.A. 501 (c)(3)
to hold' a non-possessory interest in real property for the purposes of retaining or
protecting natural or open-space values of real property and WVL T qualifies as such a
charitable corporation; and
WHEREAS, Chapter 461 of the Acts of 1966, codified in Chapter 17, Title 10.1,
SSI0.1-1700 through 10.1-1705 of the Code of Virginia, as amended (the "Open-Space
Land Act"), declares that the preservation of open-space land serves a public purpose by
curbing urban sprawl, preventing the spread of urban blight and deterioration and
encouraging more economic and desirable urban development, helping provide or
preserve necessary park, recreational, historic and scenic areas, and conserving land and
other natural resources, and authorizes the acquisition of interests in real property,
including easements in gross, as a means of preserving open-space land; and
WHEREAS, pursuant to Sections 10.1-1700 and 10.1-1703 of the Open-Space
Land Act, the purposes of this Easement include retaining and protecting open-space and
natural resource values of the Property, and the limitation on division, residential
construction and commercial and industrial uses contained in Section II ensures that the
Property will remain perpetually available for forest or open-space use, all as more
particularly set forth below; and
WHEREAS, Chapter 525 of the Acts of 1966, Chapter 18, Title 10.1, SSIO.1-
1800 through 10.1-1804 of the Code of Virginia, declares it to be the public policy of the
Commonwealth to encourage preservation of open-space land and authorizes the Virginia
Outdoors Foundation to hold real property or any estate or interest therein for the purpose
of preserving the natural, scenic, historic, scientific, open-space and recreational lands of
the Commonwealth; and
WHEREAS, this Easement- is granted "exclusively for conservation purposes"
under IRC g1.170(h)(I)(C) because it effects ''the preservation of open space (including
farmland and forest land)" under IRC g 1.170(h)( 4)(A)(iii). Specifically, the preservation
of open-space on the Property is pursuant to clearly delineated state and local
governmental conservation policies and will yield a significant public benefit; and
WHEREAS, this open-space easement in gross constitutes a restriction granted in
perpetuity on the use which may be made of the Property, and is in furtherance of and
pursuant to the clearly delineated governmental policies set forth below:
2
(i) Land use policies of the County of Roanoke as delineated in its
comprehensive plan adopted March 22, 2005, to which plan the
restrictions set forth in this deed conform and which contains the
following selected vision state~ents, goals and objectives:
CHAPTER 2 - VISION STATEMENTS
Community- Wide Themes
***
4. Scenic Beauty - The mountains that surround the County provide a sense
of place and are a source of beauty, recreational activity and inspiration.
Steps must be taken to develop sound conservation policies for our
dwindling farm lands, mountainsides and ridges, rivers and streams, soil
and air.
* * *
Resource Preservation
3. In 2010, Roanoke County has enacted ordinances and programs to
preserve the integrity of the surrounding mountains and open space. These
include mountainside, ridge line and natural resource protection.
* * *
5 In 2010, Roanoke County has established tax incentives to encourage
landowners to dedicate their mountain land for scenic and conservation
easements.
* * *
6. In 2010, Roanoke County has participated in a regional effort to identify
and protect viewsheds along the Blue Ridge Parkway and the Appalachian
Trail.
* * *
9. In 2010, Roanoke County citizens exhibit a strong public and private
sector commitment to the preservation of Roanoke County's distinctive
cultural heritage -- its historic buildings and landscapes, archaeological
sites and folk traditions.
Agriculture and Forestry
* * *
5. In 2010, Roanoke County continues to value, protect and preserve the
scenic vistas, water resources and other important natural and cultural
resources of the rural areas. There continues to be strong recognition that
these resources are critical components of the quality of life of the region.
***
CHAPTER 3 - LAND USE ISSUES
Design Guidelines - Conservation Land Use Areas
* * *
B. Identify, evaluate and work to assure the preservation of wildlife habitats
and corridors, natural landmarks, historic and archaeological sites,
significant agricultural lands and examples of natural heritage. Maintain a
registry of qualified areas and link decisions concerning land and
3
easement purchases and new developments with the conservation
framework established.
C. Encourage the establishment of additional Conservation land use areas
through conservation easements, greenways and parks that in the end
result, create a network of interconnected Conservation areas.
Rural Preserve and Rural Village Land Use Areas
In those areas of Roanoke County designated as rural and/or agricultural where local
officials and residents are looking for preservation options, certain design strategies.
can be followed. Through the use of these design strategies land will remain available
for productive agricultural activities and open space, developers are not placed under
any unreasonable constraints, and realtors gain a special marketing tool, in that rural
views from the new homes will be guaranteed by the conservation easements.
Land Use Recommendations for Rural Areas
1. Encourage land protection and conservation in rural areas. Recognize that
tools such as conservation easements are the most cost-effective solution
to protecting rural lands.
* * *
CHAPTER 5 - RESOURCE PRESERVATION
Mountains and Ridgetops
There are various options for mountains and ridgetop development policies ranging
from identifying and preserving steep slopes that should not be developed to adapting
the density of development to the terrain so that as slope increases, allowed density
decreases. In addition, various design guidelines should be evaluated to minimize
land disturbance and encourage retention of existing vegetation and appropriate
architecture that blends with the natural surroundings. Another option is to provide
legal and financial mechanisms for the acquisition of open-space and conservation
easements in these areas.
(ii) Land use policies of the County of Botetourt as delineated in its
comprehensive plan adopted May 24, 2004, to which plan the restrictions
set forth in this deed conform and which contains the following goals and
objectives:
1) Goals:
a) To achieve a balanced land use system that provides sufficient and
compatible land areas for all community land use needs, while
protecting sensitive natural environments and important local and
cultural resources.
b) . To maintain and enhance the County's high standard of environmental
quality.
2) Objectives:
a) Enhance the rural character of the County through the preservation of
agricultural and forestal lands.
4
b) Implement appropriate policies and procedures to provide reasonable
protection to the Blue Ridge Parkway and Appalachian Trail.
c) Protect the County's natural resources including ground and surface
waters, and air quality.
d) Maintain the rural and scenic beauty of the County.
e) Encourage the conservation and preservation of major historic and
archaeological sites.
(iii) Land conservation policies of the Commonwealth of Virginia as set forth
m:
a. Section 1 of Article XI of the Constitution of Virginia,
which states that it is the Commonwealth's policy to protect'its
atmosphere, lands and waters from pollution, impairment, or
destruction, for the benefit, enjoyment, and general welfare of the
people of the Commonwealth;
b. The Open-Space Land Act cited above;
c. Chapter 18, of Title 10.1, gglO.1-1800 through 10.1-1804
ofthe Code of Virginia cited above;
d. The Virginia Land Conservation Incentives Act, Chapter 3
of Title 58.1, gg58.1-510 through 58.1-513 of the Code of
Virginia, which supplements existing land conservation programs
to further encourage the preservation and sustainability of the
Commonwealth's unique natural resources, wildlife habitats, open
spaces and forest resources; and
e. The 2002 Virginia Outdoors Plan, which recognizes
Carvins Cove Natural Reserve, of which the Property is a part, as
an important conservation and recreation site in the
Commonwealth and an integral component of the Roanoke Valley
Greenways.
(iv) Land management policies of the City of Roanoke set out in the Carvins
Cove Natural Reserve Park Management Plan, adopted by the Council of
the City of Roanoke December i7, 2007, and by the Western Virginia Water
Authority January 17, 2008; and
WHEREAS, the portion of Carvins Cove owned by the City (Carvins Cove
Natural Reserve, part of which is under easement to VOF and WVLT) is comprised of
approximately 11,363 acres of forested land with, significant topographic variation in
Virginia's Blue Ridge physiographic province and surrounds approximately 1,072 acres
owned by the Western Virginia Water Authority, and protection of the Property will
further enhance the protection of the drinking water supply provided by Carvins Cove
and its reservoir; and
5
WHEREAS, according to the Virginia Department of Conservation and
Recreation Division of Natural Heritage, the Property may contain rare natural
communities, and the provisions set forth in this deed, including the protection of ridges,
steep slopes and feeder streams, and the limitation of livestock, new roads, construction
and clear cut logging, will serve to protect these elements from degradation; and
WHEREAS, Carvins Cove Natural Reserve comprises a municipally-owned park,
managed by the City of Roanoke's Parks and Recreation Department, and affords open
space and recreational opportunities to citizens of the Roanoke Valley and the
Commonwealth of Virginia, and placing an easement on the Property will further protect
and enhance those opportunities; and
WHEREAS, Carvins Cove comprises the primary watershed for the largest source
of public drinking water (Carvins Cove Reservoir) for several municipalities in the
Roanoke Valley, including the City of Roanoke, Roanoke County, and the Town of
Vinton, and part of Carvins Cove~ including the Reservoir, is owned by the Western
Virginia Water Authority, and retention of the Property in open space helps protect water
quality in the drainage area; and
WHEREAS, a significant portion of Carvins Cove lies within a Source Water
Protection Area, as designated by the Virginia Department of Health, and the
,preservation of the Property will contribute to the water quality of a water source
(Carvins Cove Reservoir) for the Western Virginia Water Authority serving the City of
Roanoke, Roanoke County, and the Town of Vinton; and
WHEREAS, the Property is located in close proximity to and visible from the
Appalachian National Scenic Trail, and significantly contributes to the scenic views
enjoyed by the public therefrom; and
WHEREAS, the Property is highly visible from the lookout at the peak of
McAfee's Knob, one of the most frequently visited and photographed panoramas on the
Appalachian National Scenic Trail; and
WHEREAS, portions of Carvins Cove are visible from Interstate 81, State Route
1404 (Timberview Road), State Route 740 (Carvins Cove Road), and State Highway 115
(Plantation Road) in Roanoke County, Virginia, and on State Route 648 (Reservoir Road)
in Botetourt County, Virginia, all public rights-of-way, and preservation of the open-
space character of the Property contributes to the scenic views enjoyed by the driving
public therefrom; and
WHEREAS, the Property lies in close proximity to one 96-acre property under
open-space easement to VOF and to a 81-acre property under open-space easement to
VOF, both on the slopes of Tinker Mountain, and adjacent to a 6,185 acre property under
open-space easement to VOF and WVLT, and thereby contributes to the open-space
values ofthose properties; and
6
WHEREAS, this Easement will yield significant public benefit to the citizens of
the Commonwealth as set forth in Section I; and
WHEREAS, Grantor and Grantees desire to protect in perpetuity the conservation
values specified in Section I by restricting the use of the Property as set forth in Section
II; and
I
WHEREAS, Grantees have determined that the restrictions set forth in Section II
(the Restrictions) will preserve and protect in perpetuity the conservation values of the
Property, which values are reflected in Section I; and
WHEREAS, Grantees have determined that the Restrictions set forth in Section II
(the "Restrictions") will preserve and protect in perpetuity the conservation values of the
Property and will limit use of the Property to those uses consistent with, and not
adversely affecting, the conservation values of the Property and the governmental
conservation policies furthered by the Easement; and
WHEREAS, VOF, by acceptance of this Easement, designates the Property as
property to be retained and used in perpetuity for the preservation and provision of open-
space land pursuant to the Open-Space Land Act.
NOW, THEREFORE, in consideration of the foregoing and of the mutual
covenants herein and their acceptance by Grantees, Grantor does hereby give, grant and
convey to Grantees a conservation and open-space easement in gross (Easement) over,
and the right in perpetuity to restrict the use of the Property, constituting all of that
portion of Carvins Cove owned by Grantor that is below the 1,500 foot elevation contour
line and above the 1,200 foot elevation contour line, as shown on the Catawba, Roanoke,
Salem, and Daleville quadrangle maps prepared by the U. S. Geological Survey, which
consists of approximately 5,178 acres, more or less, partially lying within the Catawba
Magisterial District, Roanoke County, Virginia, near the City of Roanoke, fronting on
State Route 740 (Carvins Cove Road) partially lying within the Amsterdam Magisterial
District, Botetourt County, Virginia, near Glebe Mills, Virginia. See Schedule A
attached for derivation ofproperty of Grantor, of which the Property that is the subject of
this Easement is a part.
The Property consists of those portions, if any, of Tax Map Nos. 018.00-01-
09.00-0000, 018.00-01-09.00- OOOOA, 0 18. 00-0 1-09. OO-OOOOB, 018.00-0 1-09. OO-OOOOC,
018.00-01-01 :OO-OOOZ, 009.00-01-21.00-0000, and 009.00-01-20.01-0000 among the
land records of the County of Roanoke, Virginia, and portions, if any, of Tax Map Nos.
98-20, 99-1, and 100-78 among the land records of the County of Botetourt, Virginia,
which are below the 1,500 foot elevation contour line and above the 1,200 foot elevation
contour line as depicted on the Daleville, Catawba, Roanoke and Salem USGS
Topographic Quadrangle Maps. Even ifthe Property consists of more than one parcel for
real estate taxation or any other purpose, it shall be considered one parcel for purposes of
this Easement, and the restrictions and covenants of this Easement shall apply to the
Property as a whole.
7
SECTION I -PURPOSE
The conservation purposes of this Easement are to protect land for watershed
preservation, natural resource-based outdoor recreation or education, preservation of
scenic open space, natural'habitat and biological diversity, forestal use, and preservation
of open space designated by local government, and to protect the conservation values of
the Property in perpetuity by imposing the restrictions on the use ofthe Property set forth
in Section II and providing for their enforcement in Section III. The conservation values
of the Property are its open-space, scenic, natural, and recreational values and its values
as land preserved for open-space and forestry.
SECTION II - RESTRICTIONS
Restrictions are hereby imposed on the use of the Property pursuant to the public policies
set forth above. The acts that Grantor covenants to do and not to do upon the Property,
and the restrictions that Grantees are hereby entitled to enforce, are and shall be as
follows:
1. DIVISION. The Property shall not be divided into, or separately conveyed as,
more than five parcels. Grantor shall give Grantees written notice prior to making
any division of the Property. In the event of a division of the Property as
provided in this Paragraph 1, the grantor making the conveyance retains the right
to make any further permitted divisions of the Property unless permitted divisions
are allocated by that grantor in the instrument creating the division or other
recorded instrument.
Boundary line adjustments with adjoining parcels of land are permitted and shall
not be considered divisions of the Property, provided that Grantees are made
parties to the deed creating the boundary line adjustment and at least one of the
following conditions is met:
(i) The entire adjacent parcel is subject to a recorded open-space easement held
by either Grantee; or
(ii) The entire adjacent property is owned by the Western Virginia Water
Authority, National Park Service, or successor organizations; or
(iii) The proposed boundary line adjustment shall have been reviewed and
approved in advance by the Board of Trustees of VOF and the Board of Trustees
ofWVLT.
2. BUILDINGS AND STRUCTURES.
No new buildings, structures, roads, or utilities are permitted on the
Property other than the following:
(i) To protect water quality, rare ecological communities, and the
recreational and scenic values of the Property: Buildings and structures intended
to serve the purposes listed in Section II Paragraph 3 below, which buildings and
structures shall not exceed an aggregate of 50,000 square feet of above-ground
8
enclosed area without Grantee's prior review and written approval, which
approval shall take into consideration the impact of the proposed increase in
permitted square footage on the scenic and other conservation values of the
Property. Such buildings and. structures shall not individually exceed 5,000
square feet of above-ground enclosed area without Grantee's prior review and
written approval, which approval shall take into consideration the impact of the
size, height and siting of the proposed building or structure on the scenic and
other conservation values of the Property. Buildings and structures currently
existing on the Property shall be counted in the permitted aggregate square feet of
above-ground enclosed area. Grantor shall give Grantees thirty (30) days' written
notice before beginning construction or enlargement of any buildings or structure
on the Property larger than 3000 square feet of above-ground enclosed area. In
the event of division of the Property as provided in Section II, Paragraph 1,
permitted above-ground enclosed square footage shall be allocated among the
parcels in the instrument creating the division or other recorded instrument;
(ii) Permeable roads and trails to serve permitted buildings or structures
and permitted uses, such as forestry management, may be constructed and
maintained. Nothing herein shall prevent the construction and maintenance of
permeable parking areas to serve permitted buildings and structures.
(iii) Public or private utilities to serve permitted buildings or structures
only and public or private utilities to serve parcels created by pennitted divisions
of the Property may be constructed and maintained. Public or private utilities that
do not serve the Property shall not cross, or otherwise impact, the Property unless
Grantees determine that the construction and maintenance of such utilities will not
impair the conservation values of the Property and give their prior written
approval for such construction and maintenance, which approval shall take into
consideration the visibility of such utilities from other properties and the impact
of such utilities on the other conservation values ofthe Property. Grantor reserves
its rights to approve such public or private utilities. Grantees hereby approve the
maintenance and operation of all existing utilities on the Property.
(iv) Buildings, structures, equipment and other facilities owned and
operated by Grantor, the Western Virginia Water Authority, or other
governmental entity and related to the production, transmission, or treatment of
public drinking water.
3. USES OF THE PROPERTY AND COMMERCIAL ACTIVITIES. Activities
other than the following are prohibited: (i) nature education and related activities
of nonprofit organizations and educational institutions, public recreation
(inCluding but not limited to horseback riding, camping, hiking, and bicycling)
and facilities and trails for the same, and related small-scale incidental
commercial activities that the Grantees approve in writing as consistent with the
restrictions of and not impairing the conservation values of this Easement; (ii)
temporary or seasonal outdoor activities that do not permanently alter the physical
appearance of the Property and that do not diminish the conservation values
herein protected; (iii) activities that can be and in fact are conducted within
permitted buildings without material alteration to their external appearance; and
9
(iv) activities related to the production, transmIssIon, or treatment of public
drinking water. Grantor will use its best efforts to prevent any new trails from
being constructed, without prior approval of Grantees, through any natural
communities identified by the Virginia Department of Conservation and
Recreation Division of Natural Heritage.
4. MANAGEMENT OF FOREST. It is the intent of the Grantor that the existing
woodlands be maintained in their natural state. No timbering shall be permitted
on the Property other than for: the construction and maintenance of trails, roads;
buildings or structures permitted herein; cutting trees which are diseased, or have
died naturally; cutting trees that, were they not removed, would present an
imminent hazard to human health or safety; removal of exotic or invasive species;
and other forest management activities required to protect forest health and rare
species habitat.
Best Management Practices, as defined by the Virginia Department of Forestry,
shall be used to control erosion and protect water quality when any forest
management activity involving timber harvest or land-clearing activity is
undertaken. All material timber harvest activities on the Property shall be guided
by a Forest Stewardship Management Plan approved by the Grantees. ("Material
timber harvest" shall mean any cutting of trees in excess of an acre.) A pre-
harvest plan consistent with the Forest Stewardship Management Plan shall be
submitted to the Grantees for approval thirty (30) days before beginning any
material timber harvest. Objectives of the Forest Stewardship Management Plan
shall include, but are not limited to, protection of water quality and rare species
habitat.
5. GRADING, BLASTING, MINING. Grading, blasting or earth removal shall
not materially alter the topography of the Property except for (i) wetlands or
stream bank restoration pursuant to a government permit, (ii) erosion and
sediment control pursuant to a government-required erosion and sediment control
plan, or (iii) as required in the construction of permitted trails, buildings,
structures, roads, and utilities. Best Management Practices, in accordance with
the Virginia Erosion and Sediment Control Law, shall be used to control erosion
and protect water quality in such construction. Grading, blasting or earth removal
in excess of one acre for the purposes set forth in subparagraphs (i) through (iii)
above require thirty (30) days' prior notice to the Grantees. Generally accepted
agricultural activities shall not constitute a material alteration. Surface mining,
subsurface mining, dredging on or from the Property, - or drilling for oil or gas on
the Property are prohibited, except to the extent permitted by leases, licenses,
easements, or other legal rights or privileges -in the Property recorded before this
Easement.
6. ACCUMULATION OF TRASH. Accumulation or dumping of trash, refuse,
junk or toxic materials is not permitted on the Property. This restriction shall not
prevent generally accepted wildlife management practices on the Property.
10
7. SIGNS. Display of billboards, signs, or other advertisements is not permitted on
or over the Property except to: (i) state the name and/or address of the owners of
the Property, (ii) advertise the sale or lease of the Property, (iii) advertise the sale
of goods or services produced incidentally to a permitted use of the Property, (iv)
provide notice necessary for the protection of the Property, (v) give directions and
information to visitors, (vi) recognize historic status or participation in a
conservation program. Signs visible from outside the Property shall not
individually exceed 36 square feet in size.
8. RIPARIAN BUFFER. To protect water quality, a 100-foot buffer strip shall be
maintained in forest or be permitted to revegetate naturally along each edge of all
perennial streams on the Property as shown as solid lines on the Daleville,
Catawba, Roanoke, and Salem USGS Topographic Quadrangle Maps, as
measured from the tops of the banks of the individual streams. Within this buffer
strip there shall be (i) no buildings or other substantial structures constructed, (ii)
no storage of compost, manure, fertilizers, chemicals, machinery or equipment,
(iii) no removal of trees except removal of invasive species or removal of dead,
diseased or dying trees or trees posing an imminent human health or safety
hazard, or as may be required for trail construction, and (iv) no cultivation or
other earth-disturbing activity, except as may be reasonably necessary for (a)
wetland or stream bank restoration, or erosion control, pursuant to a government
permit, (b) fencing along or within the buffer area; (c) construction and
maintenance of stream crossings that do not materially obstruct water flow, and
(d) creation and maintenance of trails with unimproved surfaces. Limited
mowing to control non-native species or protect trees and other plants planted in
forested buffers is permitted. There shall be no grazing of livestock in the buffer
strips.
SECTION III - ENFORCEMENT
I. RIGHT OF INSPECTION. Representatives of Grantees may enter the Property
from time to time for purposes of inspection (including photographic
documentation of the condition of the Property) and enforcement of the terms of
this Easement after permission from or reasonable notice to the Grantor or the
Grantor's representative, provided, however, that in the event of an emergency,
entrance may be made to prevent, terminate or mitigate a potential violation of
these restrictions with notice to Grantor or Grantor's representative being given at
the earliest practicable time.
2. ENFORCEMENT. Grantees have the right to bring an action at law or in equity
to enforce the Restrictions contained herein. This right specifically includes the
right to require restoration of the Property to a condition 0 f compliance with the
terms ofthis Easement as existed on the date of the gift ofthe Easement, except to
the extent such condition thereafter changed in a manner consistent with the
Restrictions; to recover any damages arising from non-compliance; and to enjoin
11
non-compliance by ex parte temporary or permanent injunction. If the court
determines that Grantor failed to comply with this Easement, Grantor shall
reimburse Grantees for any reasonable costs of enforcement, including costs of
restoration, court costs and attorney's fees, in addition to any other payments
ordered by the court. Grantees' delay shall not waive or forfeit its right to take
such action as may be necessary to insure compliance with this Easement, and
Grantor hereby waives any defenses of waiver, estoppel or laches with respect to
any failure to act by Grantees. Notwithstanding any other provision of this
Easement, Grantor shall not be responsible or liable for any damage or change to
the condition of the Property caused by fIre, flood, storm, Act of God,
governmental act or other cause outside of Grantor's control or any prudent action
taken by Grantor to avoid, abate, prevent or mitigate damage or changes to the
Property from such causes.
SECTION IV - DOCUMENTATION
Documentation retained in the office of Grantees including, but not limited to, the
Baseline Documentation Report ("Documentation Report"), describes the condition and
character ofthe Property at the time of the gift. The Documentation Report may be used
to determine compliance with and enforcement of the terms of this Easement; however,
the parties are not precluded from using other relevant evidence or information to assist
in that determination. Grantor has made available to Grantees, prior to donating this
Easement, documentation sufficient to establish the condition of the Property at the time
of the gift. The parties hereby acknowledge that the Documentation Report contained in
the fIles of Grantees is an accurate representation of the Property.
SECTION V - GENERAL PROVISIONS
1. DURATION. This Easement shall be perpetual. It is an easement in gross that
runs with the land as an incorporeal interest in the Property. The covenants,
terms, conditions and restrictions contained in this Easement are binding upon,
and inure to the benefit of, the parties hereto and their successors and assigns, and
shall continue as a servitude running in perpetuity with the Property. Grantor's
rights and obligations under this Easement terminate upon proper transfer of
Grantor's interest in the Property, except that liability for acts or omissions
occurring prior to transfer shall survive transfer.
2. PUBLIC ACCESS. Although this Easement will benefIt the public as described
above, nothing herein shall be construed to convey to the public a right of access
to, or use of the Property. Grantor retains the exclusive right to control such
access and use, subject to the terms hereof
3. TITLE. Grantor covenants and warrants that Grantor has good title to the
Property, that Grantor has all right and authority to grant and convey this
Easement and that the Property is free and clear of all encumbrances (other than
12
utility and access easements, and other conditions and easements. of record)
including, but not limited to, any mortgages not subordinated to this Easement.
4. ACCEPTANCE. Acceptance of this conveyance by Grantees is authorized by
Virginia Code Sections 10.1-1801 and 10.1-1010 and is evidenced by the
signature of a Deputy Director of VOF, by authority granted by its Board of
Trustees and by the signature of Executive Director of WVL T by authority
granted by its Board of Trustees.
5. INTERACTION WITH OTHER LAWS. This Easement does not permit any
use of the Property which is otherwise prohibited by federal, state, or local law or
regulation. Neither the Property, nor any portion of it, shall be included as part of
the gross area of other property not subject to this Easement for the purposes of
determining density, lot coverage or open-space requirements under otherwise
applicable laws, regulations or ordinances controlling land use and building
density. No development rights that have been encumbered or extinguished by
this Easement shall be transferred to any other property pursuant to a transferable
development rights scheme, cluster ,development arrangement or otherwise.
6. CONSTRUCTION. Any general rule of construction to the contrary
notwithstanding, this Easement shall be liberally construed in favor ofthe grant to
effect the purposes of the Easement and the policy and purposes of Grantees. If
any provision of this Easement is found to be ambiguous, an interpretation
consistent with the purpose of this Easement that would render the provision valid
shall be favored over any interpretation that would render it invalid.
Notwithstanding the foregoing, lawful acts or uses not expressly prohibited by
this Easement are permitted on the Property.
7. REFERENCE TO EASEMENT IN SUBSEQUENT DEEDS. This Easement
shall be referenced by deed book and page number, instrument number or other
appropriate reference in any deed or other instrument conveying any interest in
the Property.
8. NOTICE TO GRANTEES. Grantor agrees to notify Grantees in writing (i)
before exercising any reserved right that Grantor believes may have an adverse
effect on the conservation or open-space values or interests associated with the
Property; and (ii) at or prior to closing on any inter vivos transfer, other than a
deed oftrust or mortgage, of all or any part of the Property.
9. MERGER. Grantor and Grantees agree that in the event that Grantees, or either
of them, acquire a fee interest in the Property, this Easement shall not merge into
the fee interest, but shall survive the deed and continue to encumber the Property.
10. ASSIGNMENT BY GRANTEES. Grantees may not transfer or convey this
Easement unless Grantees condition such transfer or conveyance on the
requirement that (I) all restrictions and conservation purposes set forth in this
13
/
Easement are to be continued in perpetuity and (2) the transferee then qualifies as
an eligible donee as defined in Section 170(h)(3) of the IRC as amended and the
applicable Treasury Regulations.
11. GRANTEES' PROPERTY RIGHT. Grantor agrees that the donation of this
Easement gives rise to a property right, immediately vested in Grantees, with a
fair market value that is equal to the proportionate value that the perpetual
conservation restriction at the time of the gift bears to the value of the Property as
a whole at that time.
12. EXTINGUISHMENT, CONVERSION, DIVERSION. Grantor and. Grantees
intend that this Easement be perpetual and acknowledge that no part of the
Property may be converted or diverted from its open-space use except in
compliance with the provisions of Section 1 0.1-1704 of the Open-Space Land Act
which does not permit extinguishment of open-space easements or loss of open
space. Nevertheless, should an attempt be made to extinguish this Easement, such
extinguishment can be made only by judicial proceedings and only if in
compliance with Section 10.1-1704.
13. VESTED RIGHTS. Nothing in this easement shall restrict or infringe upon any
existing lease, license, easement, or other legal right or privilege in the Property
reserved by, or granted by the Grantor to, either express or implied, any third
party. In addition, this easement shall be subject to all covenants, easements,
encumbrances or other restrictions of record.
14. AMENDMENT. Grantees and Grantor may amend this Easement to enhance the
Property's conservation values or add to the restricted property, provided that no
amendment shall affect this Easement's perpetual duration or reduce the
Property's conservation valuys. No amendment shall be effective unless
documented in a notarized writing executed by Grantees and Grantor and
recorded among the land records of the Counties of Roanoke, Virginia, and
Botetourt, Virginia.
15. SEVERABILITY. If any provision of this Easement or its application to any
person or circumstance is determined by a court of competent jurisdiction to be
invalid, the remaining provisions ofthis Easement shall not be affected thereby.
16. ENTIRE AGREEMENT. This instrument sets forth the entire agreement of the
parties with respect to this Easement and supersedes all prior discussions,
negotiations, understandings, or agreements relating to the easement.
17. CONTROLLING LAW. The interpretation and performance of this Easement
shall be governed by the laws of the Commonwealth of Virginia, resolving any
ambiguities or questions of the validity of specific provisions in order to give
maximum effect to its conservation purpose.
14
18. RECORDING. This Easement shall be recorded in the land records in the
Circuit Court Clerk's Offices ofthe Counties of Roanoke, Virginia, and Botetourt,
Virginia, and Grantees may re-record it any time as may be required to preserve
its rights under this Easement.
WITNESS the following signatures and seals:
[Counterpart signature pages follow]
15
CITY OF ROANOKE, Grantor,
By:
City Manager
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF
, TO WIT:
The foregoing instrument was acknowledged before me this _ day of
, 2009, by
My commission expires:
Notary Public
Reg. No.
16
Accepted:
VIRGINIA OUTDOORS FOUNDATION,
By:
Printed Name and Title
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF
, TO WIT:
The foregoing instrument was acknowiedged before me this _ day of
, 2009, by
My commission expires:
Notary Public
Reg. No.
17
Accepted:
WESTERN VIRGINIA LAND
TRUST
By:
,
Printed Name and Title
COMMONWEAL TH OF VIRGINIA,
CITY/COUNTY OF
, TO WIT:
The foregoing instrument was acknowledged before me this _ day of
, 2009, by
My commission expires:
Notary Public
Reg. No.
18
Schedule A
Carvins Cove Natural Reserve (11,363 acres, more or less)
Botetourt County
Property consisting of 122.88 acres, more or less, conveyed to the City of Roanoke by deed dated
November 26, 1938, from R. K. Rector and Pearl Rector, N. 1. Patsel, Jr., and Mountain Trust Bank,
executors under the will of M. 1. Patsel, and Clara L. Patsel, recorded in Deed Book 88, page 390, in the
Clerk's Office of the Circuit Court of Botetourt County.
Property consisting of 160.7 acres, more or less, conveyed to the City of Roanoke by deed dated March 24,
1939, from James M. Padgett and Leona 1. Padgett, and Sallie E. Padgett, recorded in Deed Book 88, page
538, in the Clerk's Office of the Circuit Court of Botetourt County.
Property in an unstated amount conveyed to the City of Roanoke, Virginia, for road relocation purposes by
deed dated March 24, 1939, from Sallie E. Padgett, recorded in Deed Book 88, page 539, in the Clerk's
Office of the Circuit Court of Botetourt County.
Property consisting of 104 acres, more or less, conveyed to the City of Roanoke by deed dated April 1,
1940, from Minnie Reedy and E. F. Reedy, recorded in Deed Book 90, page 102, in the Clerk's Office of
the Circuit Court of Botetourt County.
Property consisting of 111.5 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated
June 5, 1942, from James Crawford and Agnes Crawford, Coleman Crawford and Lillie Crawford, Herman
W. Crawford and Hazeltine Crawford, Myrtle Conn and Percy Conn, Carlie Waldon, Clara Lee Goad and
James C. Goad, and S. C. Crawford, recorded in Deed Book 92, page 228, in the Clerk's Office of the
Circuit Court of Botetourt County.
Property believed to consist of 113 acres, more or less (but not stated in the deed), conveyed to the City of
Roanoke, Virginia, by deed dated June 5, 1942, from B. M. Haislip, widow, recorded in Deed Book 92,
page 173, in the Clerk's Office of the Circuit Court of Botetourt County.
Property consisting of 155 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated
June 17, 1942, from Lena Evelyn Pollard, recorded in Deed Book 92, page 189, in the Clerk's Office of the .
Circuit Court of Botetourt County. .
Property consisting of 154 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated
July 1, 1942, by Austin F. Stanley and Annie May Stanley, recorded in Deed Book 92, page 223, in the
Clerk's Office of the Circuit Court of Botetourt County.
Property of an unstated amount conveyed to the City of Roanoke by deed dated June 30, 1942, from Carter
B. Oliver and Nettie B. Oliver, recorded in Deed Book 92, page 205, in the Clerk's Office of the Circuit
Court of Botetourt County.
Property consisting of 162 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated
August 14, 1942, from Pearle T. Layman and Retta May Layman, recorded in Deed Book 92, page 253, in
the Clerk's Office of the Circuit Court of Botetourt County.
Property consisting of 60 acres, more or less, less an unstated amount of property, conveyed to the City of
Roanoke, Virginia, by deed dated June 25, 1942, from P. 1. Boothe and Pearlie P. Boothe, recorded in Deed
Book 92, page 264, in the Clerk's Office of the Circuit Court of Botetourt County.
19
Property of an unstated amount conveyed to the City of Roanoke, Virginia, by deed dated August 1, 1942,
from W. S. Hickam, Jr., and Mary Juanita Hickam, recorded in Deed Book 92, page 265, in the Clerk's
Office of the Circuit Court of Botetourt County.
Property consisting of all or partial interests in 263 acres, more or less, conveyed to the City of Roanoke,
Virginia, by deed dated September 8, 1942, from Mrs. E. P. Riley, R. L. Riley and Virginia B. Riley, C. C.
Riley and Edrie T. Riley, E. P. Riley, Jr., Mary Louise Riley, and Celia A. Riley, recorded in Deed Book
92, page 295, in the Clerk's Office of the' Circuit Court of Botetourt County.
Property consisting of 35 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated
August 28, 1942, from Lester Gusler and Ollie Gusler, Gladys Lee and William Lee, Louvinia Riley and
Lyle Riley, Cassie Riley and Clarence Riley, Elva Lyle and Fred Lyle, Marie Tullis and Ralph Tullis, and 1.
H. Gusler, recorded in Deed Book 92, page 300, in the Clerk's Office of the Circuit Court of Botetourt
County.
Property consisting of 88 acres, more or. less, conveyed to the City of Roanoke, Virginia, by deed dated
August 28, 1942, from J. H. Gusler and Mary L. Gusler, recorded in Deed Book 92, page 301, in the
Clerk's Office of the Circuit Court of Botetourt County.
Property consisting of 2.45 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated
October 5, 1942, from Mrs. Dola Wellons and William T. Wellons, recorded in Deed Book 92, page 321, in
the Clerk's Office of the Circuit Court of Botetourt County. .
Property consisting of 276 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated
October 22, 1942, from R. T. Trout and Effie 1. Trout, recorded in Deed Book 92, page 350, in the Clerk's
Office of the Circuit Court of Botetourt County.
Property consisting of 24.25 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated
October 27, 1942, from Grover C. Riley and Myrtle V. Riley, recorded in Deed Book 92, page 367, in the
Clerk's Office of the Circuit Court of Botetourt County.
Property consisting of 10 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated
November 24, 1942, from H. W. Belcher and Clara B. Belcher, recorded in Deed Book 92, page 403, in the
Clerk's Office of the Circuit Court of Botetourt County.
Property consisting of 1,088.5 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed
dated December 8. 1942, from L. E. Hurt, Jr., special commissioner, W. S. Murray, Jr., and Corinne M.
Murray, Louise M. Spigle and Moyer Spigle, Flora M. Showalter and Fred Showalter, Loula O. Rowland,
Mary P. Murray and G. P. Murray, Lawrence P. Murray and Della B. Murray, Ruby M. Halsey and Kyle
Halsey, Ola M. Hurt and John O. Hurt, Floella M. Dove and Charles S. Dove, G. W. Murray and Vilus S.
Murray, Lucy M. Williams and Warnt;r C. Williams, in their own right and as the heirs ofD. W. Patterson
and W. S. Murray, recorded in Deed Book 92, page 404, in the Clerk's Office of the Circuit Court of
Botetourt County.
Property consisting of 132.25 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated
January 28, 1943, from S. L. Fellers, special commissioner in the chancery cause ofW. E. Riley, et aI. v.
James S. Crawford, et aI., recorded in Deed Book 92, page 463, in the Clerk's Office of the Circuit Court of
Botetourt County.
Property consisting of 920 acres in the aggregate, more or less, acquired by the City of Roanoke by a
condemnation decree entered March 31, 1943, from O.L. Dogan, O. L. Dogan and Ora May Mullins, M. C.
Dogan, W. R. Gussler, Mary Lollis Coldfelter (nee Mary Lollis), Elsie M. Lavender, Oscar Gowens, Lewis
E. Gowens and Frank L. Cochran, C. G. Wade and R. L. Little, Sallie Padgett, M. M. Sullivan and Lurah
Fagg, S. C. Dogan, 1. W. Currie, Cecil Riley, Butram Riley and P. T. Layman, Trustees for Missionary
20
Baptist Church and Methodist Episcopal Church, and L. L. Riley, recorded in Deed Book 92, page 534, in
the Clerk's Office of the Circuit Court of Botetourt County.
Certain rights to lay water lines granted to the City of Roanoke by Hollins College Corporation by deed
dated December 11, 1944, recorded in Deed Book 94, page 364, in the Clerk's Office of the Circuit Court
of Botetourt County.
Property consisting of234.5 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated
December 17, 1986, from George B. Lawson, Jr. and Helen M. Lawson, Julia L. Goodridge, and Katherine
V. Lawson, recorded in Deed Book 326, page 55, in the Clerk's Office of the Circuit Court of Botetourt
County.
21
Roanoke County
Property consisting of 72.61 acres, more or less, conveyed to the City of Roanoke by Franklin Real Estate
Company, a Pennsylvania corporation, by deed dated April 6, 1972, recorded in Deed Book 941, page 116,
in the Clerk's Office of the Circuit Court of Roanoke County.
Property consisting of 273.673 acres, more or less, conveyed to the City of Roanoke by deed dated October
10, 1973, from M. S. Thomas, recorded in Deed Book 983, page 113, in the Clerk's Office of the Circuit
Court of Roanoke County.
Property consisting of 12.175 acres, more or less, conveyed to the City of Roanoke by deed dated August
19, 1976, from Claude A. Weaver and Hazel S. Weaver, recorded in Deed Book 1048, page 130, in the
Clerk's Office of the Circuit Court of Roanoke County.
Property consisting of 35.435 acres, more or less, conveyed to the City of Roanoke by deed dated January
14, 1977, from L. F. Stultz and Lucille H. Stultz, recorded in Deed Book 1056, page 809, in the Clerk's
Office of the Circuit Court of Roanoke County.
Property consisting of 189.3 acres [?], more or less, conveyed to the City of Roanoke
by deed dated August 27, 1981, from Mason H. Littreal and Elizabeth N. Littreal, recorded in Deed Book
1174, page 687, in the Clerk's Office of the Circuit Court of Roanoke County.
Property consisting of 6.385 acres, more or less, conveyed to the City of Roanoke by deed dated May 23,
1995, from Major Motor Inns, Inc., recorded in Deed Book 1475, page 119, in the Clerk's Office of the
Circuit Court of Roanoke County.
22
Botetourt and Roanoke Counties
Property consisting of a total of 7,573.20 acres, more or less, acquired from Roanoke Water Works
Company. The report of commissioners and order entered April 28, 1938, confirming title in the City of
Roanoke, Virginia, are recorded in Deed Book 254, pages 234 and 235, in the Clerk's Office of the Circuit
Court of Roanoke County.
Property consisting of 157.93 acres, more or less, conveyed to the City of Roanoke by deed dated July 15,
1969, from Greater Roanoke Valley Development Foundation, recorded in Deed Book 879, page 539, in
the Clerk's Office of the Circuit Court of Roanoke C01,lnty, and in Deed Book 187, page 399, in the Clerk's
Office of the Circuit Court of Botetourt County.
Property consisting of 415 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated
February 24, 1983, from M & L Hunt Club, recorded in Deed Book 1190, page 922, in the Clerk's Office
of the Circuit Court of Roanoke County, and in Deed Book 282, page 522, in the Clerk's Office of the
Circuit Court of Botetourt County.
LESS AND EXCEPT 1,017.2 acres below the 1,200 foot elevation contour, including the reservoir, which
were conveyed by the City to the Western Virginia Water Authority, by deeds dated July 1, 2004, recorded
as Instrument No. 200412335, in the Clerk's Office of the Circuit Court of Roanoke County, and as
Instrument No. 040004622, in the Clerk's Office of the Circuit Court of Botetourt County.
This conveyance is subject to existing easements for public roads and highways, public utilities, railroads
and pipe lines; also subject to any recorded or outstanding oil, gas, and mineral rights in third parties; and is
also subject to all recorded conditions and restrictions and to any easements that have been established by
recordation or by prescription. This conveyance is specifically subject to easements conveyed to the United
States of America by deeds recorded in Deed Book 1595, page 1255, (consisting of 827.3 i acres) and in
Deed Book 0000, page 0011, (consisting of approximately 45.85 acres) in the Clerk's Office of the County
of Botetourt, for the Appalachian National Scenic Trail. This conveyance is subject to an unrecorded
Pipeline License agreement by and between the City of Roanoke and Roanoke Gas Company dated July 12,
1996, noted on a plat recorded in Plat Book 21, pages 87-97, in the Clerk's Office of the County of
Botetourt.
The attorney who prepared this schedule has not performed a title examination and makes no title guarantee
or representation thereto.
23
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - - -" - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
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NOEL C. TAYLOR MUNICIPAL BLDG_
ROANOKE VA 24011
REFERENCE: 32143302
11560055
NPH-Conservation Eas
State of Virginia
City of Roanoke
I, (the unders igned) an au thori zed representa ti ve
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
subscribed before me this
2009. Witness my hand and
Vi~~~ia. Sworn and
_JL~~~day of August
official seal.
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Notary Public
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PUBLISHED ON:
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TOTAL COST:
FILED ON:
205.92
08/14/09
-------
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NOTICE OF PUBLIC I~-
HEARING r
The City of Roanoke
proposes to grant a
conservation easement to
the Virginia Outdoors
Foundation and the
Western Virginia Land Trust
covering approximately
5,178 acres at the Carvins
Cove Natural Reserve, t~e
easement consists of all the
portion of the Reserve
owned by the City between
the 1,500 and 1,200 foot
elevation contour line as
depicted on' the Daleville
,Catawba, Roanoke and
,Salem USGS Topographic
IQuadrangle Maps. '
Pur Sua n t t.o the!
Ir e qui rem e n t s 0 f I
~~15.2-1800 and
:15.2-1813. Code of Virginia
,(1950) as amended, notice,
lis hereby given that the City
Council of the City of
Roanoke will hold a public
~earing on the above
matter at its regular'
meeting to be held on
,Monday. August 17, 2009
~ommenclng at 7:00 p.m.;
In the Council Chambers
4th Floor. Noel C. Taylo;
Municipal Building, 215
Church Avenue, S.W.,
Roanoke, Virginia, 24011.
Further information is
available from the Office of
the City Clerk for the City of
Roanoke at (540)
853-2541.
Citizens shall have the
opportunity to be heard and
express their opinions on
such 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 August
13,2009. '
GIVEN under my hand this
4th day of August, 2009.
Stephanie M. Moon
City Clerk
(11560055)
I
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
Authorized K'Ol1Y\rtO \
Signature:__~~~_~_~.
Billing Services Representative
$
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to grant a conservation easement to the Virginia Outdoors
Foundation and the Western Virginia Land Trust covering approximately 5,178 acres at the Carvins
Cove Natural Reserve, the easement consists of all the portion of the Reserve owned by the City
between the 1,500 and 1,200 foot elevation contour line as depicted on the Daleville, Catawba,
Roanoke and Salem USGS Topographic Quadrangle Maps.
Pursuant to the requirements of ~~15.2-1800 and 15.2-1813, Code of Virginia (1950) as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a public
hearing on the above matter at its regular meeting to be held on Monday, August 17, 2009,
commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building,
215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the
Office of the City Clerk for the City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on such 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, August 13,2009.
GIVEN under my hand this 4th day of August
,2009.
Stephanie M. Moon
City Clerk
Publish once on August 10, 2009
K:\Carvins Cove\public hearing notice for conversation easement 2009.doc
Notice to Publisher:
Publish once in the Roanoke Times on Monday, August 10, 2009.
D
1
Send bill and affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
K:\Notices\2009\August\NPH-Conservation Easement.doc
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Comments by Terry Hall
A.!.
AEP STATEMENT ON THE PROPOSED CARVINS COVE CONSERVATION EASEMENT
')
My name is Terry Hall, Manager of External Affairs with Appalachi'an Power Company, and I
~
appreciate the opportunity to comment on the City's consideration of another conservation
easement in the Carvins Cove area. On behalf of Appalachian Power, we commend the City on
its work to protect tracts of undeveloped land for the future. As you may know, Appalachian has
also been a big supporter of Govemor Kaine's conservation easement initiative. In April 2008,
the Company announced its plans to enter into a conservation easement with the Virginia
\
Outdoors Foundation covering almost 5,000 acres of scenic land near the Company's dam and
generating facilities at Smith Mountain Lake. That easement was put in place in January of this
year. The Company and its parent, AEP, continue to work to preserve undeveloped areas
throughout service territories in 11 states. The Company applauds and supports the City of
Roanoke's plans to place a conservation easement on the Carvins Cove property. We ate,
however, aware of a potentially serious issue that I wish to bring to Council's attention this
evening.
Just as the Smith Mountain conservation easement is in close proximity to the Company's Smith
Mountain generating facilities, the Carvins Cove property spans the western approaches to
Appalachian's Cloverdale Substation. The Cloverdale Substation is a critical component ofthe
bulk electric transmission system supplying power to the Roanoke, the greater Roanoke Valley
area, and Lynchburg ar~as. The substation is primarily supplied from the west by two extra high
voltage transmission lines, the Jacksons Ferry-Cloverdale 765 kV line and the Kanawha River-
Matt Funk-Cloverdale 345 kV line, both crossing the Carvins Cove property. These two EHV
{#1273822-I,01l380-00800-01}
lines, together with some smaller transmission lines and the Cloverdale Substation, represent the
/
primary source of electrical power for the entire Roanoke Valley and east to Lynchburg.
Few people would argue that a reliable supply of electricity is not essential to our way of life.
As a regulated public service company, Appalachian is charged by law with ensuring that a
reliable supply of electricity is available to support the residents, businesses and communities of
our service territory. Part of this public service responsibility is planning, designing and building
the facilities necessary to accommodate future growth in demand for electricity, including high
voltage transmission lines to transmit the power from the generators to the consumers. These
electric utility facilities are part of the basic infrastructure that supports our community and
economy, and as such are just as necessary as water and sewer lines, for example.
With that public service responsibility in mind, when it granted the Smith Mountain conservation
easement, Appalachian was careful to reserve the right to construct future transmission lines
across the Smith Mountain property. I also note that the City is careful in the proposed Carvins
Cove easement to reserve to itself and the Water Authority the right to build water utility
facilities to support a reliable and adequate supply of public drinking water to the area. That
reservation is prudent and necessary. Similarly, because there is a critical need to preserve the
ability to bring new transmission lines from the west into the Cloverdale Substation when
necessary - at some point-in-time in the future - to preserve reliability, the Company suggests
strongly that the City also reserve in its proposed conservation easement the right of the City to
approve a right-of-way for Appalachian to construct a new transmission line parallel and
adjacent to the existing 765 and 345 kV transmission line rights-of-way across the Carvins Cove
property for the lines. Such a reservation would essentially preserve the status quo. That is,
when a need for a new line arises, Appalachian would still have to work out an agreement with
{#1273822-1,011380-00800-01}
2
the City for a future transmission line to cross the property. We believe this is far preferable to
the current form of the proposed conservation easement, which could be a perpetual bar to any
future transmission lines, regardless of how critical the need is.
It is worth pointing out that, before it can build any new high voltage transmission lines, the
Company must make application to the State Corporation Commission for a certificate of public
convenience and necessity. The SCC process involves public notice, public hearings and the
opportunity for any interested party to present evidence and participate in an evidentiary
proceeding before the SCC to determine whether the proposed line is needed and whether the
route reasonably minimizes adverse environmental impact.
When a new line is needed, if the Company is unable to parallel its existing transmission lines .
across the Carvins Cove property into the Cloverdale Substation, it will be forced to alternative
routes, if available, to the south and east of Carvins Cove. This would bring the new line close to
homes and built-up areas. With electric service reliability for the Valley at issue, the Company
believes that it makes sense to, at minimum, preserve the flexibility to consider reasonable
opportunities to access Cloverdale Station, and decisions which permanently foreclose
consideration of the Carvins Cove property would be unnecessarily risky.
In the Smith Mountain conservation easement, the Company was able to reach agreement with
the Virginia Outdoors Foundation on acceptable language that allows the Company sufficient
flexibility to permit it to fulfill its public service obligation with regard to reliability while
adequately protecting the Outdoors Foundation's conservation interests. For the same reason, we
respectfully request that City Council reserve in the proposed Carvins Cove conservation
easement the right for the City to approve a right-of-way for Appalachian to construct a new
{#1273822-1, Ol1380-00800-01}
3
transmission line parallel and adjacent to the existing 765 and 345 kV transmission linerights-of-
f
way across the Carvins Cove property.
I am happy to answer any questions. Thank you.
{#1273822-1, O1l380-00800-01}
4
Miscellaneous: City Council- 7/2/09
,..~ '
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
July 2, 2009
RESPONSE REQUESTED
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, 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: Draft Carvins Cove Recreation
Program Plan
Attached for your review and feedback is a draft of the "Carvins Cove Recreation
Program Plan" which is intended to provide a framework for future recreation
program activities to be undertaken at the Carvins Cove Natural Reserve. This
framework will define recreation activities, .and any support facilities necessary to
conduct those activities, that would be enumerated and incorporated into the
second proposed Conservation Easement that is being drafted in conjunction with
the Virginia Outdoors Foundation (VOF) for the portion of the Carvins Cove
property owned by the City between the' ,200 and ',500 foot elevation contours.
, .
Please provide any comments or questions regarding the draft to my attention by
Monday, July' 3th. Thank you.
Respectfully submitted,
~ {tfUJlM~
R. Brian Townsend
Assistant City Manager
for Community Development
Attachment
c: Stephanie M. Moon,' City Clerk
William M. Hackworth, City Attorney
Steven C. Buschor, Director of Parks and Recreation
Michael D. Clark, Recreation Superintendent
. . .
. .
. . - '-,.
. ",' .
Cove
Recreatio
Prog
p
r
Table of Contents
Introduction
General Operations
Recreation Programs
Supplemental Support Facilities
,.
3
5
6
1 5
2
~
Introduction
Carvins Cove Natural Reserve exemplifies all of the positive attributes found in
the mountains and valleys of southwest Virginia. It is an unspoiled snapshot of
the region that brings the natural world to life right before our eyes. A Southern
Appalachian mixed-hardwood forest covering ancient mountains creates a
perfect watershed for Carvins Cove, a primary water supply for the Roanoke
Valley. This mix of fields, forests and water provide a perfect habitat for wildlife
of every description. Black bear, whitetail deer, fox and beaver all make the
Cove their home. Man's presence and impact has also made a lasting
impression on the landscape. Small farming communities once flourished in the
hollows of the Cove. Churches, stores, mills and blacksmith shops provided the
foundation for early settlers to provide for their families and forge a living in
this remote setting. Finally, the waters from the Cove were harnessed and held
for drinking and use of residents of the Roanoke Valley.
The mission of the plan is to provide a balance of recreation, conservation and
education to the citizens of the valley and to visitors from near and far.
Furthermore, the goal is to enhance and protect the natural resources and
beauty that make Carvins Cove a special place and maintain it in its natural
state. Our outdoor education programs, facilities and amenities will teach the
people, enhance the natural resources and focus on protecting the Cove. The
Department will also re-create, to the best of its ability, the living history and
human story of the Cove by keeping their memories alive and respecting and
l
learning from the hard work it took for these early pioneers to survive.
The citizens of the Roanoke Valley deserve to live in a sustainable community
that is healthy, filled with natural beauty, and is in balance with growth and
development. In order for that concept to exist, the citizens must appreciate
the natural world around them and recognize and love what they have that it is
not lost forever. The programs, facilities and activities at the Cove will also
provide economic benefits for the Valley. Outdoor enthusiasts from across the
country have participated in our programs and visited our facilities, bringing
with them a love of the outdoors.
This plan outlines what recreational opportunities may be offered at Carvins
Cove in the future. Also included' are samplings of the type of facilities that may
~red to conDuct these programs as well as the general operations of the 3
Cove and regional partnerships. All programs and facilities will be developed in
accordance to standards and practices as identified in the Carvins Cove Natural
Reserve Park Management Plan.
.-/
~
~
4
General Operations
Since 2004 Roanoke Parks and Recreation and the Western Virginia Water
Authority have provided joint management of Carvins Cove Natural
Reserve. Parks and Recreation currently has responsibility of the land
above the 1 ,200-foot contour which is more than 90% of the total land in
the park. Current responsibilities of the City include trail maintenance
and management through an extensive volunteer network associated with
Roanoke Valley Greenways. The Western Virginia Water Authority has
management responsibilities for the reservoir and the adjacent land
below the 1 ,200-foot contour. The Authority's responsibilities include
security patrols and lake regulatio'n.
In an effortto streamline recreational offerings at the Cove, it is
recommended that Roanoke Parks and Recreation take the lead in
administering all activities. With that said, it is proposed that, at some
point in the future Parks and Recreation begin coordinating with the
Water Authority to address the responsibility for collecting land use fees,
providing for general security, and administer boating access on the
reservoir. Outside groups, to include special interest organizations and
local jurisdictions, would coordinate their efforts with Parks and
Recreation in an effort to avoid the duplication or overlap of activities.
Carvins Cove serves as a primary supply for drinking water first and a
place for recreation second. All recreational activities taking place on 'or
near the reservoir will be conducted with water quality as the foremost
focus.
Specific policies and procedures outlining this arrangement will be
developed as responsibilities are transferred from the Western Virginia
. Water Authority to Roanoke Parks and Recreation.
~
5
Recreation Programs
Many recreation opportunities exist throughout Carvins Cove Reserve.
Land-based programs can compliment water-based activities giving the
user a full range of outdoor recreation experiences that can last a day or
a lifetime. Many of these opportunities are identified below which
provide citizens and visitors alike numerous ideas to enrich their lives
and elevate their appreciation for the outdoor world.
Having said this, these programs are considered with the understanding
that protection of the water, wild lands and watershed are paramount.
Protection of our natural resources must be upheld to ensure water
quality of the Cove and conservation of sustainable trails and natural
features are maintained. Offering a diverse set of programs must be
balanced with environmental considerations, risk management and
overall health and well being of the Cove and its multiple users.
Overall management of recreation programs and activities will be
facilitated through Roanoke Parks and Recreation. Numerous
partnerships, alliances and cooperative events will be available with
regional agencies, organizations and private companies. Organized
procedures will be established for other municip~1 agencies to access the
Cove for recreational opportunities.
1 . Trails
A. Hiking
Carvins Cove has over 45 miles of diverse hiking terrain that
can take the participant from the base of the Cove at the
reservoir, elevation: 1,1 70 feet, to the top of Tinker
Mountain, elevation: 2,278 feet for a difference of 1,810 feet.
In-between, the topography is as varied as the vegetation,
wildlife and people that use the trails.
~
6
Recreation Division staff currently provide 6-8 programs
annually using the existing trails. Hiking programs and
activities would be varied in their scope and depth. Wildlife
and botanical hikes, geology, natural and human history, tree
identification, sensory awareness, weather and riparian
habitat are just the beginning.of the endless hiking program
possibilities.
B. Mountain Biking
As with hiking~ the extensive trail system lends itself to
multiple mountain biking programs for the beginner to the
advanced riders in the Roanoke Valley and beyond.. Mountain
biking provides an exciting method of exploring many miles
of trails qUickly. It's challenging and an excellent alternative
workout routine for thousands of visitors to the Cove each
year. A variety of trails exist such as single track and multi-
use that will provide diverse experiences for all 'riders. Trail
uses and difficulties are outlined in the Carvins Cove Trail
Plan, an appendix to this plan.
Recreation Division staff currently provide 3-5 programs
annually using the existing trails. Mountain biking programs
will focus on riding techniques, equipment use, safety,
responsible travel that respects others and the environment
while creating a fun and informative class.
C. Interpretive and Nature
Carvins Cove offers a wealth of environmental education
opportunities unmatched in the region due to its diverse
habitat, elevation changes, mountain ridges above, and water
below. It is also rich in history. Homestead sites
established by early settlers and early Native American
settlement sites are scattered throughout the park.
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7
~
With its abundant floraand fauna, extensive history and the
importance of the Cove as a clean water source, many
diverse program opportunities exist in the park. Recreation
Division staff currently provide 6-8 programs annually using
the eXisting trails. The Department hopes to provide
numerous hikes featuring history, geology, flora, fauna and
riparian habitats. The Departtnent also plans to offer
programs on the lake, focusing on reptiles, amphibians and
fish while teaching visitors about raptors and their
migrations along the highest ridges surrounding the
watershed.
D. Equestrian
Certain trails lend themselves to horseback riding and
exploring the remote regions of the park as our ancestors
before us traveled the lands and mountains. The experience
on horseback gives a unique prospective not found on foot
or bike.
The Department may offer beginner level horseback riding
tours through an approved and contracted livery as an option
for visitors into the park. These programs would use
existing trails designated to handle the impact of horseback
riding. Horseback riding skills, care of horses on and off the
trails, safety while riding and minimum impact will allbe part
of our lesson plans.
E. Therapeutic Recreation
As noted before, the true beauty of Carvins Cove is the
remote nature of the trails, vistas, historical landmarks and
diverse flora and fauna. Of the 12,000+ acres, less than 10%
is accessible to individuals in a wheelchair or impeded by
physical or mental limitations. Our goal shall be to work
towards developing specific areas within the Cove that will
~
8
2. Boating
~
enhance the recreational benefits for all users without
detracting from natural characteristics.
The goal of therapeutic programming will be to provide
aCCeSS to normally unattainable activities. The partnership
with Therapeutic Recreation Services of the Roanoke Valley
and Radford University's Recreation Therapy curriculum will
be initiated. Programs using specially designed equipment
will be used, making most programs and activities available
to all.
While other activities in this section could be supported by
existing trail infrastructure, approximately one-half to three
quarters of a mile of 'accessible' trails would need to be
developed on the property to support therapeutic
recreational programming.
A. Sea Kayaking
There is nothing more relaxing than gliding across the lake's
glassy surface or exploring its secluded coves. Observing
wildlife along the wooded edges, watching fish jump, osprey
dive for food or a raft of mallards swimming nearby makes it
a memorable experience for days or weeks to come. Being
taught hbw to kayak gives the participants freedom to
explore on their own safely and comfortably providing good
exercis'e and an opportunity to socialize with other boaters
with similar interests. Parks and Recreation currently offers
several sea kayaking courses at the Cove that utilize the
existing public boat .Ianding for launching and the water for
paddling.
Classes and programs will be conducted that will focus on
paddling techniques, safety, identification and care of
9
3. Nature
.~
equipment while showing the participants the beauty of the.
cove as its reflected in its waters.
B. Sailing
Harnessing the wind for effortless movement across the lake
is exciting, refreshing and fun. In a world where gasoline
engines rule the waters, sailing brings us back to our boating
roots and teaches people how to navigate, read the wind and
enjoy the day in a quiet setting. Sailboats. once understood,
are simple craft that give a unique perspective to traveling
across the water. There are many skills participants must
learn to accomplish these tasks and once learned give a great
sense of accomplishment. The Department does not provide
any sailing programs at the Cove, however, programs are
offered at Smith Mountain Lake. When programs begin, we
would utilize the existing public boat landing for launching
and the water for sailing.
Classes and programs on the basics of sailing may be taught
detailing technique,equipment use, safety and navigation.
Existing water-related infrastructure at the cove can support
these activities.
A. Water-based Environmental Education
Water-based and riparian programs are very important to the
overall program content of Carvins Cove. Clean drinking
water is the primary goal of the cove and programs that
focus on watershed protection, conservation and the health
of the cove are essential. Fish, amphibians, waterfowl and
other animals are all part of the "web of life" that needs clean
water for survival too. Aquatic vegetation provides oxygen,
protective habitat and food for these animals to live.
Another unique feature of the cove is the remains of the
10
~ .
~
.Carvins Cove community under the water's surface, with
stores, homes and streets that once made up this small town.
Locating and sharing the history of these. buildings, their
former inhabitants and the development of the reservoir are
interesting facts that bring the cove's human history to life.
Recreation Division staff currently provide 2-4 programs
annually that utilize the existing public boat landing for
launching and the water for touring. Programs may be
taught sharing these aspects of wildlife, water and human
history.
B. Birding
Many species of birds call Carvins Cove home. Whether
they're migratory or year around residents, birds love the
diverse habitat found in the park. High mountains provide
updrafts for turkey vultures, hawks and eagles to ride the
winds and search for foods. / Deep woodlands provide food
and shelter for songbirds to nest and make their homes and
the water provides abundant resources for waterfowl and
raptors to search for food along the waters edge and along
its surface. Access to these natural observatio'n areas would
be on existing hiking trails to sites that are left in their
current natural state. Birding programs will be featured
focusing on identification, habitat, life cycles and survival.
C. SOL-based After School Programs
Consistent environmental education lesson plans in our
public schools is critical for students to learn and appreciate
the natural world. Carvins Cove provides numerous
opportunities for hands-on experiential education activities
that get students totally involved in the learning process and
presents an excellent opportunity to explore real-life
situations beyond the classroom.
11
. .,
Earth Science curriculums, biology, and other sciences such
as chemistry, physics and geology are easily incorporated
into each visit. Programs that already exist, over 120
annually, through the Mill Mountain Discovery Center could
be expanded to reach students from area schools. Access to
these study areas would be on existing hiking trails to sites
that are left in their current natural state. Program
development would compliment and reinforce current lesson
plans making a win-win situation for all involved.
Existing infrastructure at the cove can support these
activities.
4; At-RiskYouth-Specific Programming
, At-risk youth includes young people who are judged delinquent by
the court or commit status offenses, adolescents who abuse
substances, those with emotional or behavioral disorders, academic
underachievers, adolescents who are economically or socially
disadvantaged, and those who are deemed generally incorrigible.
Connecting these young people to nature and associating the
benefits of outdoor recreation are essential to putting them on a
healthy path to. becoming positive contributing members of our
community.
Structured outings will be conducted in a variety of lengths
engaging the participants in an array of outdoor re,creation
activities. Access to these study areas would be on existing hiking
trails to sites that are left in their current natural state. A focus will
be placed on family involvement, development of social skills, and
appreciation of their natural surroundings. Parks and Recreation
will work with the Department of Human and Social Services and
other local youth development agencies in facilitating these
courses. Existing infrastructure at the cove can support these
activities.
~
12
~ '
5. Camping
Whether you are a backpacker searching for a remote campsite far
removed from daily conveniences, a family looking for an outdoor
experience for a weekend of car camping or a youth retreat leader
looking for a group getaway, the forests and waters of Carvins
Cove can provide an amazing time for all. Access to campsites
would be on existing hiking and or fire trails. Campsites would be
established on level semi-open spaces that were appropriate for
the level of activity required. See below for details.
A. Overnight
Utilizing existing natural sites that are level, relatively open
and do not posses threatened or endangered flora and fauna
would be utilized. The site would also have a soil
composition that could handle above average use, would not
impact the watershed drainage and not exceed .25 acres. All
cooking would be conducted with camp stoves and no open
campfires would be allowed. Structured classes should be
, conducted focusing on essential camping skills for the
beginner and intermediate camper. A focus will be placed on
general outdoor ethics, creating as little impact on the land
as possible.
B. Backpacking
Given the Cove's proximity to the Appalachian Trail,
backpacking in and around the Cove is a natural fit. Access
to remote areas would be along existing hiking trails.
Campsites to be utilized would be on level ground, relatively
open and do not possess threatened or endangered flora and
fauna. The site would also have a soil composition that
could handle above average use, would not impact the
watershed drainage and not exceed .25 acres. All cooking
~
13
. "'
would be conducted with camp stoves and no open
campfires would be allowed.
Introductory courses on the basics and fu ndamentals of
backpacking may be conducted. Courses will cover what
type of equipment is needed,' where to go, planning a menu,
and cooking, as well as how to select and prepare a camp
site, all with a focus on outdoor ethics.
6. Special Events'
Special events in general have proven to be both a community
builder and economic development driver. With the rise in
popularity of outdoor pursuits, the facilitation of special events
makes for an excellent fit at the Cove.
A wide variety of special events could be scheduled throughout the
year including various trail runs, mountain biking, adventure
racing, and boating events, just to name a few. Parks and
Recreation will solicit the expertise of professional event promoters
to partner in conducting these events. For events taking place on
the trails at the Cove, special consideration Will be taken into
account for the continued sustainability of the entire trail system.
These programs would use existing trails designated to handle the
impact of the specific special event. Every effort will be taken to
avoid "loving the trails to death".
All special events would follow existing City guidelines for public
assembly and event facilitation.
7. Wilderness Survival
With a recent surge in popularity, wilderness survival courses have
proven to be an excellent addition to the current offering of
outdoor recreation programs. Given its remote location, Carvins
~
14
W l' . .
Cove is an ideal location for conducting such classes. Access to
these program areas would be on existing hiking trails to sites that
are left in their current natural state.
Structured courses could be offered focusing on the basic skills
needed to survive short-term in the wilderness. Participants will be
given the supplies needed to construct a temporary shelter, make a
fire, and find food and water.
Supplemental Support Facilities
In addition to facility and site needs identified in specific activity
sections of the plan, there are certain facilities that should be
considered to support the overall future use of the Carvins Cove
Reserve as outlined above. Those facilities are generally outlined
below:
~
a.
Comfort Station at Bennett Springs Parking Area: This
facility would contain restroom facilities, directional
signage and other related orientation and visitor
information. It is estimated that such a facility and
ancillary structures would not exceed 1,000 square fe~t.
This additional comfort station would complement the
existing comfort station located at the boat landing area
of the cove.
b.
Respite Shelters along trails: Small Shelters (25-30 sq ft.
each) located along various trail segments for use by
hikers, backpackers and daytime visitors.
c.
Picnic Facility: Rehabilitation of, and / or an addition to,
the existing picnic facility located near the boat landing
site and also including additional ancillary tables, grills,
trash receptacles, etc. in support of the site.
15
~
j..... \, ..
d.
Appropriate directional, informational, and interpretive
signage located along the trails and at various sites to aid
in the public's use of the cove's trail system.
16
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-]]45
E-mail: c1erk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
August 20,2009
Mr. and Mrs. Kinzer Otterman
601 Allison Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. and Mrs. Otterman:
Your petition appealing a decision of the Architectural Review Board for a Certificate of
Appropriateness pertaining to property located at 601 Allison Avenue, S.W., was before
the Council of the City of Roanoke at a regular meeting which was held on Monday,
August 17, 2009.
Based upon evidence presented at the Council meeting, the Council voted to reverse
the decision of the Architectural Review Board and to grant the request for a Certificate
of Appropriateness for replacement of a standing seam metal porch roof with 30-year
architectural shingles, removal of hidden guttering, and installation of five-inch seamless
guttering at 601 Allison Avenue, S. W.
Sincerely,
~m'hJw.J
Stephanie M. Moon, CMC
City Clerk
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Erica Taylor, Agent, Architectural Review Board
..
.1
. ,
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VIRGINIA;
IN THE COUNCIL OF THE CITY OF ROANOKE
IN THE MATTER OF
)
)
)
)
PETITION FOR APPEAL
This is a Petition for Appeal from a decision of the Architectural Review
Board under Section 36.2-530(c)(5) of the Zoning Ordinance of the Code of the
City of Roanoke (1979), as amended.
1. NameofPetitioner(s): 1(f(l1Z.E/J; ,lffldL!tfln/'11l1 !)ffC/GlnaJV
2. Doing business as (if applicable):
3.
4. Overlay zoning (H-1, Historic Downtown Overlay District, or H-2, Historic
Neighborhood Overlay District) of property(ies) which is the subject ofthis
. appeal: r~/5
5. Date the hearing before the Architectural Review Board was held at which
the decision being appealed was made: dtt/r-Cij ~ fllJCf
6. Section of the Code of the City of Roanoke under which the Certificate of
Appropriateness was requested from the Architectural Review Board
(Section 36.2-330 if H-1 or Section 36.2-331 if H-2):
7. Description of the request for which the-Certificate of Appropriateness was
sought from the Architectural Review Board: Wt)
/0 old t:J
'/v<
", / kru'lNcJ.
8.
.9. ' Name, title, address and telephone number of pe'rson(s) Wh~, ill ,
represent the Peti~ioner(s) before City Council: (jJ,Rt>/'f/ll bl .. e./dYntl.4'l/
_O~iJ,) ~o/ AJh5l>,J /1iJe-_/kJ. [SlfD) S ~(,()b a- )
WI
JJu.s&nd . .
'.
WHEREFORE, your Petitioner(s) requests that the action of the
Architectural Review Board be reversed or modified and that a Certificate of
Appropriateness be granted.
Signature of Owner(s)
(If not Petitioner):
~w~~
Name: 'J:jiv:Zt:re.- {}7fi::fiY/4.M/'
(print or type)
Name:
(print or type)
TO BE COMPLETED BY CITY CLERK:
Received by: ~ttf:l ~
Signature of Petitioner(s) or
representative( s), where
applicable:
Cka;Y";(1 - tW;;-?n4~ .
Name:L!4A?D)r'V' {!, CJ ++eJ&n~rI
(print or type)
Name:
(print or type)
Date: H 1'1 ;)DiJ '7
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@roanokeva.gov
Architectural Review Board
Board of Zoning Appeals
Planning Commission
August 7, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Rupert Cutler, Council Member
Honorable AnitaJ. Price, Cou~cil Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
,
Dear Mayor Bowers and Members of City Council:
Subject:
Appeal of decision of Architectural
Review Board to deny issuance of
Certificate of Appropriateness No.
09-050 for 601 Allison Avenue S.W.
Background:
On June 16, 2009, Mr. and Mrs. Otterman applied for a Certificate of
Appropriateness (COA) to remove the standing seam metal porch roof
and replace the roofing material with architectural s~ingles at 601 Allison
Avenue, SW (Attachment A). \.
The Architectural Review Board (ARB) considered the request at its July 9,
2009, meeting. Following discussion between the applicant and ARB
members, the applicant asked that the ARB vote on the application as
submitted. The ARB, by a vote of 1-6 (Bestpitch, Cundiff, Fulton, Botkin,
Beckett, and Blanton voting no and Dykstra voting yes), denied the
application for a COA for the removal of the standing seam metal porch
roof and the installation of the architectural shingle roof. The proposed
material was considered inappropriate and inconsistent with the
Architectural Design Guidelines, and the replacement would eliminate a
character-defining feature of the house (Attachment B).
Mr. and Mrs. Otterman were notified of the denial and their right to
appeal to City Council by letter dated July 13, 2009. Mrs. Otterman filed
an appeal of the ARB's decision on July 17, 2009 (Attachment C).
Mr. and Mrs. Otterman had one previous Architectural Review Board
appeal. The appeal was for the denial of the covering of soffits and
dormer with vinyl siding and covering of window trim with aluminum coil
stock by the Architectural Review Board on November 12, 1998. City
Council reversed the decision of the Architectural Review Board at their
January 19, 1999, meeting (Attachment D).
Considerations:
The H-2 Architectural Design Guidelines (Guidelines) adopted by the ARB
and endorsed by City Council provide the following recommendations for
preservation, repair, and replacement of roofs:
. Identify and keep the original materials and features of roofs,
including: overall shape and form, chimneys, patterning and colors,
dormers, builtOin gutters, cupolas, finials, ridge caps, cresting and
snow guards, and valleys.
. Retain historic roofing materials, such as slate, clay tile, wood
shingles, or metal that are still in good overall condition. If owners
choose to remove and replace their historic roofing material they
must first present sufficient evidence and information to the ARB
.regarding the condition of the roof and feasibility of repair.
. When the use of traditional roofing materials is not feasible,
suitable alternative materials may be used.
· When replacing roofing materials, be sure to reinstall or replace
associated roof detailing, such as ridge caps and snow guards.
· When it is not feasible to replace standing seam and pressedometal
roofs with the same materials, first explore the use of prefabricated
metal roof systems. .
The majority of the ARB found that the proposed roofing material is
inconsistent with the Guidelines and incompatible with the character of
the house and the H-2 District.
During the meeting, the ARB discussed the distinctions between roofing
materials for the main body of a house and the materials used for a roof
over a porch. Porch roofs have a very shallow pitch and therefore do not
shed water as quickly. Metal is commonly used on a shallow pitched roof
because it is far more resistant to leaking and ice-dam effects.
Regardless of the roofing material over the main form of the house
(shingle, slate, metal, etc.), the porch roof is most often metal.
In making decisions on replacement of a character-defining feature of a
house, the ARB must first determine that replacement is warranted. Erica
Taylor, ARB Agent, inspected the Ottermans' roof closely from a second-
story window. Despite being recoated approximately eight years ago, the
roof now has holes, seam cracks, and possible hidden rust below the
coating. The roof has significant leaks in multiple locations evidenced by
extensive water damage to the porch ceiling and structural members.
Ms. Taylor determined that the roof is beyond feasible repair and
replacement is warranted. Mrs. Otterman indicated that two roofers
confirmed this diagnosis. No member of the ARB questioned whether or
not replacement of the roof was warranted.
If the ARB determines that repair is not feasible and replacement is
warranted, it must then determine if the proposed replacement material
is appropriate. The Guidelines (cited above) specifically recommend that
an applicant "explore the use of prefabricated metal roof systems" when
replacing a metal roof. Mrs. Otterman did not indicate in her application
or in her presentation to the Board that she had investigated the
feasibility of such a roof material but later provided copies of various
contractor bids for both types of roof replacements (Attachment E).
Approving the COA as requested would have been in direct conflict with
the adopted Guidelines.
Recommendation:
The Architectural Review Board recommends that City Council affirm its
decision to deny the issuance of a Certificate of Appropriateness to
permit the removal of the standing seam metal porch roof and
installation of architectural shingles.
Sincerely,
/Jeu-h~;!! ~
Barbara Botkin
Architectural Review Board
cc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
R. Brian Townsend, Assistant City Manager
Erica Taylor, Agent, Architectural Review Board
(
~. .
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Site Address
Property Owner:
Name: I klivze-..e- ..., Cl1l2oJ'fAJ {)ffeJej'halll
Address: Ih?l/.d 1/;..:i6d me- '
City: 11?()~tJoJr~ ' State: I Va- .
Phone Number: I SYO - 3 <13 - &;, lJ b:J.-, E-Mail:
Owner's Representative (if applicable):
co2 9016
Zip Code: I 02c;CJ Itb
Name:
Address:
Zip Code: I
State: I
E-Mail:
City:
Phone Number:
Application Prepared By: I CA~ ~"';(()f-J~,JJ'
Current Use: [iY'Single-Family r Two-Family (Duplex) r Multifamily r' Townhouse r Commercial
If Commercial. Describe Use: I
, Project Type: 1;7' Roof r Porch r Windows and Doors r New Construction r Signs r Walls and Fences
r Parking and Paving r' Demolition r Other: I
*PLEASE USE ATTACHED SHEET FOR PROJECT DESCRIPTION. '
Acknowledgement of Responsibility: I understand that all applications requiring review by the ARB must be complete and must be
submitted before application deadlines; otherwise consideration will be deferred to the following meeting. I agree to comply with the
conditions of this certificate and all other applicable city regulations and to pursue this project in strict conformance with the plans
approved by the ARB. I understand that no chan es are permitted without prior approval by the City.
Signature of Property Owner: Date: /6 - /~O?
Section Below to be Completed by Staff
Approval By: f'iARB r: Agent
Other approvals~e~ded:
Certificate Number: I
Tax Parcel Number: 11/.31 M
Base Zoning District: I tZt\A. --\ / '-+-'2
,
r Zoning Permit
~ B(~go~mit
r BZAlPlanning Commission
r Other
Agent, Architectural Re~ew Board: : ~~
Member, Architectural Review Board:
Date: '-~{ r=t/ r:PI ,
, Date: I
Form updated 01/08 PaQe 2 of3
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H-2, Historic Neighborhood Overlay District
Detailed Project Description
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ROANOKE
Site Address: I ~c / A J/I~rJ /}v e", .slt/
/
Property Owner: I j(/rv Zcrh 0/- C4 ~/yAJ ([)1--IeJ:2mClIV
l) . '. ,fi5~ , _ 1 ,,^ J
"e..fY)DVe- e.y/f,Jtj ~~11r-~ J.(!Jf)?5e.. .ofT' S&:!1U4
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helve- "v~ IN ~i5 ~f:)~it ~ /1&8'/ r't:JeJr/s
lor rt.s.CJ/d aud ~ f'O /b7t'Jer & f'e-p4V)d
Project
Description:
Additional information to be submitted:
r Photographs r Site Plan r Elevation Drawings r Sample, Photograph, or Catalog Pictures of Proposed Material,
r Other: I
Form updated 01/08 Page 3 of 3
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Taylor
Construction & DeveloDment~ Inc. .
4149 Toddsbury Drive Vinton, Virginia 24179
Letter of Record
Date
July 8, 2009
Customer
Carolyn Otterman
.Job Location 601 Allison Ave. SW.
Roanoke, Virginia 24016
d"
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-/ V
D,
At this time, professional opinion dictates the replacement of the front porch roof at the above
stated address. Due to consistent maintenance and care provided over the years has the roof
lasted to date. The last repair however has brought this roof to the end of its life expectancy.
If I can be of further assistance, please feel free to qall on me.
Kevin Crouch
OwnerfPresident
Cc: Erica Taylor
Roanoke dty
City Planner II
i
CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD
July 9, 2009
MINUTES
Request from Kinzer and Carolyn atterman for the replacement of a standino
seam metal porch roof with 30 year architectural shinoles. removal of hidden
outterino. and installation of 5" seamless outterino at 601 Allison Avenue. S.W.
Verbatim:
.,.+:;~P.jHt*'t
Mrs. atterman: Madam Chairman and members otl~m:e;lB,~~Xd, I am Carolyn
atterman and my husband and I live at 601 Alli~Rn:1:ahd ha!\l~II!Jyed there for 41
years. We have repaired this metal roof 39 y~a,:C~\;' We have;'K~~t good
maintenance on it and the guttering but six,jiM~~rs ago we weret~!mll!?Y a roofer
who was tryin.g to patch the roof, .that thl1;1itffipfhad die?,i,at the age '0tllH;P!~ years.
We were hoping that we would die before'jit~'~1 roof b lll!llhasn't worke(j!10ut that
way. At that time, we called Anne Beckett, !~~o,.w ,'l'ith the administration here,
. ~w.f:lh~-..~;
to come up look and look at it an,j:,~he recomme!'t;f,~d we call Mark Clark, the
historical preservation specialisf, '~~jlg~ve men'l , f.?,Qone number and I called
him. H~ came out and looked at t'lilHhro!~ftl~Wd ~,ai? n:~llffi~l~ldrepair the whole r~of
to last five years or I~nger. Well, I ffi,MM,e ana "~il!~i~e Y'%W;i~ay ha~e a co~y of I~,
~f the work. that he did ss than a Y(m~r t roof;~~mll'eaklng again. DU~lng this
time when It started husba,~ t d open neart surgery and I didn't get
right back with M Imost . ear later and when I called him, he
said he no longe work. M l;1usband with his heart, five discs
operations and is "eti e eurism and his health is very poor
and we c ffor ny , the metal seam roof with the prices
we ha pal' r. Clark a total of $1850 to do this repair work and we
have t $50",:., $2 ough the years off on, every two or three years
tryi, eep this rOl5. m ~g. We have kept it where it has not damaged
our st . al work as s we can tell, as far as other roofers can tell. Each
roofer sti d come, s sked them if the roof could be repaired and their
answer was that it een its life and they said even getting up and walking
on it to measu w oing damage to it. All we can afford with the prices we
have gotten was. ith the architectural shingles that they had,put on their
house two years a on the main roof to match it and go with the guttering
around it. Across the street at 602, their porch roof is exactly like ours, in fact
the same contractor built those two houses and they had before it became an
architect, historical district, they had their tin roof taken off and the pitch has
worked alright. They had the shingle roof put on the guttering and there had
been no problems with it through the years, We have talked with the roofers
concerning the pitch, They say that would be alright on our roof for the shingles.
I also have a letter from contractor stating we had maintained the roof. It says,
"at this time professional opinion dictates the replacement of the front porch roof
"
Ms. Beckett: But the ceiling is just now beginning to leak.
Mrs. Otterman: Yes just beginning. That is our concern because that is coating
right on the ceiling and we don't want something to happen to it to have to
replace it. It has just started this spring.
Ms. Beckett: What exactly is happening with the roof?
Mrs. Otterman: It is leaking from the roof and the hidden gutters. It is leaking all
over it according to what the roofers are telling us and is le,~,~ing down.
" ~,~HP
Ms, Beckett: The hidden gutter is what's leaking?
\;;'i!;lIlllll:'~; ,
_ ,Of'_ n) ?~4M~i-t~Pl
Ms. Taylor: There is some hidden gutter dCiIrl'a e but the majo~it~Jlif, the stuff is
. ,,,'-pi":C:!!) ~-"~W"!i;<
underneath the porch. I don't know if th~r;~lis away todetermine wf;i'~r.e it's
>fl~}'<i_, _~h t+",.r,'~'
coming from. It's in far enough from the pit9~ of the,'" den gutters th;iiJ'1 don't
think it relates to that. ';{W!> ..
,;tdHtttu..
Ms. Beckett: In the photos, the p;~rcQI!~9p'f looks "'I.M:
':;mH:, 'H"";tlEtllHllHh;;, 'i(J,:,
Mrs. Ottern:an: That's beGa~se we:';~mve K~mtli!~~~;heai .,:;!i'd wo~k done on i~.
You can drive down ~~e'blll and 10~~;a~lil~I;9ndl's~~,j~~"ere nothing wrong with
that roof but Erica ~~~ijj "n,;lh~nd 10'q~~;~ii6ut the wi'hdows from upstairs and
has seen the pro,~!~,!T1S that ar,~Hlhere. '!Im!!!: '
i:ll1\;lij,; ,limn; ,,"'ilil;l '
Ms. Taylor: Fro~'i!~i'i'(:~et le'i~iWtllbOlks,finei1rat once you get close up.
, ''''''''*:f ;H!!lmj!lt~m;H!"\'i'
as there but 'water is getting in from somewhere.
Mrs. Otterman: All of it is leaking.
Ms.
In fact, if we sat out on the porch
Mr. Cundiff: The roof was character-defining. I remember as a kid my
grandfather and I used to go out to Fincastle on a 150-year old house and every
year, like clockwork, we would go out and paint these people's roof. I am sure it
would start to leak come about nine months but every year we would have'to go
out and do it.
Mr. Otterman: 39 years of doing this.
3
outside the meeting. That is justwhere I am with it. I think its great and you
all u_d e to-the fact, you come down that hill on Allison and you feel like you are
practically on top of that roof. Changing that metal into something else is just
going to totally...
Mrs. Otterman: Mr. Bestpitch let's just get to the chase. 'If we can't fix it with the
way we can afford to do it then we are going to lose a lot more than just a metal
roof. We are going to stay there but it is going to be deteriorating and things are
going to be rotting out. I don't want this to happen. I love my metal roof but I
want a house that I can be proud of, I want a house that is kept. If we keep this
house and do this roof this way, when we are ready to se. we are dead and
our children sell, care enough about it, they could corn ck in and put a metal
roof on it if we have kept our wood good and our Pg~~,,~J~l:Tlns good, they can
come back in and put a metal roof if they want t9ar)cfthe Fr~te is right back. If
we let the porch columns rot because of this ~)~t~r it's going' , a lot more
expensive for someone to come in there. hllhli'
Mr. Bestpitch: If ybu go that route you arl';H"i"ctly ri;~\~~lj;, Alii am sayiffitgi is that I
hope, forget about the people that come alon'gld;:lterl;lllet's hope the people that
'ft~~lni(i}Hlt','r!'
are here and now, you and we, care enough alj)"! liit.
Mrs. Otterman: Our fin.ances, W.elFh. tj~l\1t~1' ~u kn~~Il~he economy now,you
know when you have sickness like 'I~l~,flve gOfT1Y n~~band, my health could
break any day, I hopeJtit~~.~~r1't but l\l~r;Tl,~'i a,~I~.,;"We have got to look down
the road, we know .~~~~!~~;~j;~~ a set'~i~'<B'i 't of morl~ythat we can put on this
and be able to li\(~I[~f:1H buy ou~ edicirli' nd so forth. That's it, can we do it or
}tI..:ip~:,::o ir
do we let it go. '1;"
Ms. Taylor:
ow if there is much of a difference in the newer
-
uch the same thing.
Ms. Botkin: You have a valid point and we have heard this point many times with
the same issue.
Mrs.Otterman: You don't have that many people in Old Southwest that are as
old as we are and that have been there as long as we have. I can name them on
both of my hands. '
Ms, Botkin: We are not considering the fact that you have been there. We
appreciate the fact that you have been in the neighborhood for so long but we
5
would live to see that I couldn't do what I could afford to do to my house to keep
it up so my children and my grandchildrenwould have instilled in them the same
that was instilled in me from my parents to take pride in your property. In fact,
my grandmother and great-grandmother's homes in Newbern, Virginia are in the
Natio[lal historical register but those homes are going down now because people
cannot afford to do, somewhere people have got to start realizing that people
have got to live and with the economy like it is, people have got to be able to live.
People have to maintain a dignity to their life. There will be no dignity if I have to
let my house go down and I will regreteveryday I live there.
Ms. Beckett: Ms. Taylor is there was a possibility of re~!~:e~~~ing another
restoration contractor to take a look at the porch roof. ',,",,'
Ms. Taylor: Several had looked at the roof.
Ms. Beckett: Do we know what their opinions! '
-~---\HF~
Ms. Taylor: One told me they did not kno,^,,!~hat th~Mtl~~uld do with
the condition of the
Ms. Botkin: It appears that the issue n0~li
metal roof, it is the replacement off, '
Ms. Beckett: I don't
are places that a
It is 61T1~;I!~f th,ffi~,,;/Il,img~HY;{,her,I.ooks can be deceiving. It is kind of
641 Eri'''t /;\l:\:'e it' IS:]'ITstil~ashts life. That is the only thing I know
. -.' (:q~fi.> .
is any repair with the acromax?
~ ""~.
Mr. Hayne~~;lf;;1 don't knoiltor sure. I am not an expert on acromax. We do a
system calleq.l\m~drost2;~.!\~.ti\at is the same type of system and you would have to
fabric the enti'rl31! jof ";Wif you did that it would get a little pricey.
Ms. Beckett: That would still be less than replacing it, perhaps the grant would
cover that.
Mr. Haynes: Perhaps. If you wanted to see if Mr. Otterman wanted to table it
and I would be glad to go out and take a look. I can talk to Mark and find out
what he put on there and see if it was a compatible product if she is willing to
table it for. another month.
7
neighborhood but there are alternatives to slate roofs that are available today
that weren't available at the time that the original slate was put on so we are
willing to consider those other options. If someone were to come in and say I
have got this house that got a slate roof on the main part and metal roof on the
porch and want it to all look alike so I am going to replace all the slate on the
house and also want to put slate on the porch. I don't know about the rest of you
but I ~ould say you just don't see that, it just doesn't fit.
Ms. Dykstra: I don't disagree at all and I totally get precedence and consistency
which is what the people who get angry with us, don't get it that we have
guidelines and see up here and make this stuff up. It is ve!~,.uncomfortable.
Where I am lacking on the consistency is we let 641 tak,,, <l>tfitheir metal and we
don't have their track record, on their main roof and ~ ." e are saying she can't
do that.
Ms. Botkin: He just explained it.
d: .\.
,Ms. Dykstra: He did and he didn't. The~l~Fre all met~L originally ;llf@gst of
them, nobody had architectural shingles 3Qht9 40 ye~t~!}ago. If we m'a~e porch
1"fi:~;h.f"'Q::j!';
roofs go back to standing seam for all the rea:~gI1~l!~~U' said, then the consistency
'~f',~fII'i{'" ~t, ~\}-;
says in my mind so therefore shol:Jl~ the mainrqffit~t.
. 1!I)iiiC,., ',' '.,. ,';nnllhljc
Ms, Botkin: We are not going baCli..;.~;~rt~ht~J.~g to"R~~~. the ones that are. We
didn't do that to the porch on Elm, ~hle kept{'C!~"metaI8~jiporch.,
Mr. Bestpitch: I (~"hr1i;t know VjiiFW.. the orig1iuw! roof material was on that house but
I am guessing it was;!lpot arG,fflj1g~tu " ""I~s. I will say this regarding 641 Elm,
'\~~yPH'.-, ,,:'''~,?;.t~t-yF'----'-'-'--';'''': H:;;*
if similarrp,~t~if,i~Jwas!'~*~!!:aDle to had that patterned metal look to it then
I wouls1}I~~~(W~li8!~~~,to'stt'k with that. If you were a billionaire you could get
sOn;Jfm~;~e' to do .it f&~rf~~~ b , ait~ nO,t re~sonably available.today so you have t~
go wltmn~omethlng els" The qw~~tlon IS what are the options out there. I felt like
they p'r&~'~!1ted a reaso'l"J)le option, brought the sample and was within the
"?:~r"'t". n~F'-j
realm ofw~~tis going to!lIook appropriate once it's finished. The whole point to
all of what vJ'" , 0 is th~' ij made a contract with people who invest in the historic
district and sa r1J.".~:~!rig to do the right thing on my house and I don't want to
have to look out "il(~8n,e point when I get to this stage of needing to sell my
property, I don't want to have potential buyers say I really like what you've done
to maintain your house but when I stand on my front porch or look out, I look
across the street at something that has been messed up and not appropriate so
you devalued my property by allowing something to happen in the vicinity to me.
That is what we are really all about and that's what we do.
Ms. Dykstra: I totally get that and maybe I should vote out of frustration.
Ms. Botkin: We are frustrated and aggravated.
9
'.
Ms. Botkin: We are very sorry.
End of verbatim.
11
~
't
2,
4,
5,
6,
7.
8, '
Ht:ljt:J V t:u
JUL Z 9 2009
VIRGINIA;
CITY OF ROANOKE
, AW,l!NG BU!LOlNG AN!" nf.VELOP~w
IN THE COUNCIL OF THE CITY OF ROANOKE
IN THE MATTER OF
)
)
)
)
PETITION FOR APPEAL
This is a Petition for Appeal from a decision of the Architectural Review
Board under Section 36,2-530(c)(5) of the Zoning Ordinance of the Code of the
City of Roanoke (1979), as amended.
1. Name of Petitioner(s): I(I(llZE/JJ Jffld{}/ln /'111I !)ff~ajV
Doing business as (if applicable):
3,
Street address 9f prope Y which is ,th~ subject of this appeal: '
/'1 ~. StU
Overlay zoning (H-1, Historic Downtown Overlay District, or H-2, Historic
Neighborhood Overlay District) of property(ies) which is the subject of this
appeal: 1f'.--5
Date the hearing before the Architectural Review Board was held at which
the decision being appealed was made: dLtJ'f1'; ~ n lJ '1' ,
Section of the Code of the City of Roanoke under which the Certificate of
Appropriateness was requested from the Architectural Review Board
(Section 36.2-330 if H-1 or Section 36,2-331 if H-2):
Description of the request for which the Certificate of Appropriateness was
sought from the Architectural Review Board: WtJ tnl ..
It? old 0 l.VIYh,..
uff-elY7
~(
9. Name, title, address and telephone number of person(s) Whd2l1 .
represent the Peti~ioner(s) before City Council: (jJJ2t/r/'/ U I' C!JdrntUV.
*,Ot,VP\tC-J)/) ~nf ,l)Jh.SIJA) AVe. Skl rS71D") ..:3 -~() b ~ )
tv ;+1> , ./ '- /
~J
WHEREFORE, your Petitioner(s) requests that the action of the
Architectural Review Board be reversed or modified and that a Certificate of
Appropriateness be granted.
Signature of Owner(s)
(If not Petitioner):
%~djt~
Name: '/::iv:zC/L.- {}71i::firnM/
, (print or type)
Name:
(print or type)
Signature of Petitioner(s) or
representative( s), where
applicable:
Wr/C!. (fJQ;44n4;-n/.
Name:L?.AIfu)rN' {!, 0 +.te;enJ4-.r!
(print or type)
Name:
(print or type)
-------------~-~----------------------~---------------------------------------------------------------------
TO BE COMPLETED BY CITY CLERK:
Received by: ~~~ ~
Date:
H 1'1d.d1]
Architectural Review Board Minutes
Page 3
November 12, 1998
There being no further discussion from the Board or the audience, Mr. Harwood moved to
approve the amended application to remove the existing railings and install black wrought iron
railings. The motion was seconded by Mr. Deck and unanimously approved.
6. Reauest from Allright Roanoke Parking, me,. for a Certificate of Appropriateness
ap.provine meter installation on lot at 209 Williamson Road. S,E.
Mr. Tim Milliron appeared before the Board and stated that the proposed installation was
identical to the one on the lot at 308 Market Street, next to Sams, as well as other locations
throughout the downtown area. He provided additional photographs to the Board of the type of
signage he desired to install. He said that the meter box would be next to theArzu restaurant,
approximately four feet off the sidewalk, and he noted that the "pay part" would be facing the
inside of the lot. '
The Board and Me, Milliron discussed two different locations of the meter box, as well as the
type of signage (whether the blue uP" sign or the red/white Allright Parking sign) that could be
installed. Mr. Milliron asked the Board if it Was their preference that the sign be parallel with the
wall than with the sidewalk.
Mr. Deck stated that it was his preference. He also said that he would like for the applicant to
consider coming up with better signage in the historic district. He challenged Allright to work '
with a designer to come up with something that was a little more sensitive for any future
submittals, "
Mr. Milliron said he would not be opposed to doing that.
Mr. Manetta said that the Board had approved identical signs in the past. He then asked for
comments from the audience.
Using a sketch provided by Mr. Milliron, the Board and Mr. Milliron further discussed the
placement of the sign and decided to place the sign parallel with the wall ofthe Arzu restaurant,
facing the parking lot. There being no further discussion, Mr. Johns moved to approve the
signage with the stipulation that it be placed on the front of the parking lot parallel to the
building, The motion was seconded by Mr. Deck, Mr. Manetta stated that his personal
preference was for the simple blue signs because he felt the boxes were busy, however, he noted
he would go with what the Board desired. The motion was approved 5-0.,
7, Reauest from Kinzer and Carolyn Otterman for a Certificate of Appropriateness,
~pproving covering of soffits and donners with vinvl sidiml and covering of window trim
in aluminum coil stock at 601 Allison Avenue. ~.W. '
Mrs. Carolyn Ottennan appeared before the Board. Mrs. Olterman said she had lived in Old
Southwest for 43 years, and at 601 AHison for 30 years. Mrs. Ottennan said she had ahard time
\
Architectural Review Board Minutes
Page 5
November 12, 1998
could not use coil stock for soffits. He also stated there were so many houses in the
neighborhood that have it, he could not understand why they were being required to do
something else. '
Mr. Manetta explained that there were people who had installed the soffit material before the
Board existed and there were probably others who had done it without tbe approval of the Board.
He said that since he had been on the Board, the. Board had never approved what the Ottermans
were requesting, He said the Board wanted to be consistent so that the neighborhood remained a
desirable one to live and invest in, He said the Board understood that what was being required
was more expensive.
Me, Otterman said he did not understand how a Board could tell him what kind of materials he
could put on the overhangs of his house when there was no material that was approved by a
manufacturer.
Mr, Deck questioned whether'a soffit that was 12 to 16 inches deep was any different from a
soffit underneath a porch.
At this point. Mr. Otterman discussed how the soffit on his house, versus a porch soffit. was
installed. Mr. Ottennan then stated that the only thing he'was asking for was to cover the upper
portion of his house, He said that he was not going to do anything with the porch at all. He said
that the soffits and trim had to be painted very 3-4 years and he could not afford to have the
upper portion of the house painted again.
Mr. Bandy said that one of the concerns by the Board was that the soffits were visible from the
ground. He said he was assuming Mr, Otterman was asking to do the fascia board and the
soffits. He asked if the gutters were being replaced.
Mr. Ottennan said he was not. Resaid that he was also only asking for only upper level window
trim to be covered and all window trim on the high side of house to be covered.
Mr. Bandy said that the fascia board was the piece that got the weather and the soffit should hold
paint fairJy well. He asked Mr. Ottennan ifhe would consider covering the fascia and not the
soffit.
Mr. Ottennan said he would not because he would have to repaint in 3-4 years and he was having
difficulty finding a painting contractor. '
Mr, Manetta asked for audience comment.
Mr. Randy Leftwich (515 Mountain Avenue, S.W.) appeared before the Board and asked Mr.
Manetta if the City was goingto reimburse the Ottermans if something experimental was
installed and did not work.
i
Architectural Review Board Minutes
Page 7
November 12,1998
Mr. Bandy asked what Mr. Ottennan was referring to when he talked about covering the donner
J ...
on the house. He asked the extent of what was being covered.
Mr. Otterman said that the trim and soffit would be covered.
Mr. Manetta asked for further comments.
Mrs. Lander said that she thought the workshop would provide some insight into the dilemma.
She said she hoped the Board would considering waiting until after the workshop before
rendering a decision,
Mr. Manetta advised that it was up to the applicant to request a continuance. He noted however.
that if the Board acted on the application and denied it. the applicant would not be able to have
the same request heard for one year, He asked Mrs, Ottennan if she would like to address the
Board,
Mrs.01tennan said she was not willing to wait. She said that she would find other alternatives
and was' asking the Board to approve their request.
Mr. Manetta asked the pleasure of the Board.
Mr. Harwood said that citing the statement in the guidelines (When applying vinyl siding under
eaves and overhangs. do not install it with seams perpendicular to the building. Use siding that
runs parallel to the building.), he would move to deny the proposal. The motion was seconded
by Mr. Johns,
Mr. Manetta said that the Board had been advised by counsel to make their motions in the
affinnative. He asked Mr. Harwood if he would offer a substitute motion in favor of the request
and reminded those that a yes vote would be for approval and a no vote would be for denial.
Mr. Harwood then amended his motion to approve the request as submitted. Mr. JaMS seconded
the motion.
Mr. Deck said that it was not clear to him whether the applicant would like the Board to act on a
portion of the request or not.
Mrs. Olterman said that it'was "all or nothing."
The request was denied by a vote of 5-0.
/
578,
~() 1<1) \9~<1
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dlbling, Jr., City
Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The reconvened meeting was opened with a prayer by Mayor
Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CELEBRA liONS-LOCAL COLORS: James Bullion, representing
the National Conference for Community and Justice, advised that the
Roanoke Regional Chapter has adopted Local Colors as its multi-
cultural activity. He presented a calendar listing the major cultural-
ethnic holidays in America and advised that plans are to immediately
develop and present educational programs to local schools, to the
religious community and to organizations and businesses within the
Greater Roanoke Valley. He invited the Members of Council to the
, Local Colors gala event on April 18 in the City Market area, and advised
that the Roanoke Chapter has employed Ms. Pearl Fu to serve as
consultant and advisor in coordinating the Local Colors activities.
Ms. Fu expressed appreciation for a renewed interest in Local
Colors and invited the Members of Council to attend activities on
April 18 at 12:00 noon on the City Market.
Without objection by Council, the Mayor advised that the remarks
of Mr. Bullion and Ms. Fu would be received and filed.
PETITIONS AND COMMUNICATIONS:
ARCHITECTURAL REVIEW BOARD: Mrs. Kinzer Otterman, 601
Allison Avenue, S. W., appeared before Council and presented a
petition appealing a decision of the Architectural Review Board relating
to property located at 601 Allison Avenue, S. W. '
Mrs. Otterman advised that on November 12, 1998, she requested
a Certificate of Appropriateness from the Architectural Review Board
to allow an overhang, eves and dormers on her home at 601 Allison
'........ ........ ..........-... ...... _ ......_.._.I......lJ.:...M..,j:~. _II." 1 ~i I ....
579
Avenue, S. W., and the Architectural Review Board denied the request
on the basis that vinyl soffit runs perpendicular to the wood and the
Board suggested installation of parallel vinyl soffit or other material
which is not guaranteed. She referred to a letter from Evelyn S. Lander,
Chief of Planning and Community Development, stating that the
Architectural Review Board abides by its adopted guidelines and has
not approved the installation of vinyl soffit material on a structure in the
Old Southwest Historic District since adoption of design guidelines on
August 10, 1995; however, Mrs. Otterrnan referred to other houses in
the area where vinyl, soffit has been installed since 1995, all of which
have displayed, City building permits. She advised that the City has
been remiss by not disseminating information to property owners on
the proposed and adopted guidelines of the Architectural Review
Board, and for the City, to force property owners in Old Southwest to
spend money on specified maintenance will cause property owners to
allow their homes to faU into a state of disrepair or to move out of the
neighborhood.
Mrs. Otterman requested Council's assistance in resolving the
matter by allowing her to maintain her home in a manner that is
affordable and is in keeping with that which has been done by other
property owner:s in the Old Southwest area. She asked that instead of
City officials encouraging neighbors to report' neighbors, working
guidelines should be developed by the City that promote continuity
which will help to develop a quality of life that will create a real
neighborhood while, at the same time, promoting the historic district.
(See petition on file in the City Clerk's Office.)
Upon consideration of the evidence (testimony and documents
presented to Council)" Mr. Trout moved that Council reverse the
decision of the City of Roanoke Architectural Review Board on
November 12, 1998, and authorize issuance of a Certificate of
Appropriateness for alterations to the structure located at 601 Allison
Avenue, S. W., on the grounds, that the proposed alteration of the
structure is compatible with the H-2 District and would enhance those
special visual and spatial qualities that the H-2 District was established
to protect. The motion was seconded by Mr. Hudson. '
Robert B. Manetta, Chair, Architectural Review Board, presented
a report of the Board. On behalf of the Board, he recommended that
Council ~ffinn the decision of the Architectural Review Board which is
580~
consistent with the adopted architectural design guidelines for the H-2
District; and affirmation of the Board's decision will maintain
consistence in preserving the contributing architectural features in the
District and sustain the Board's decisions with regard to the treatment
of those architectural features.
(For full text, see report on file in the City Clerk's Office.)
Christopher Muse, President, Old Southwest, Inc., advised that
the Board of Directors of Old Southwest, Inc., supports the decision of
the Architectural Review Board; however, he stated that there is
confusion as to whether there are existing manufacturers who will
guarantee the installation of parallel vinyl soffit within existing
Architectural Review Board guidelines. He stated that if there are
manufacturers who guarantee the installation of parallel vinyl soffit, Old
Southwest believes that the Architectural Review Board's decision is
valid and should not be reversed by Council.
Mr. William Bestpltch, 3~1 Washington Avenue, S. W., advised
that his concern relates not to the Otterman property, but with regard
to the process. He stated that the argument of Mr. and Mrs. Otterman
that other property owners have been allowed to make the same
improvements is not In conformance with the guidelines or the
provisions of the historic ordinance. He advised that there,...should be
more discussion and education on the matter and if the guidelines of
the Architectural Review Board need to be changed, the matter should
be addressed through the proper process rather than by allowing
property owners to come to Council on a case by case basis to request
a reversal of the decision of the Architectural Review Board. He
encouraged Cc;mncil to uphold the de~ision of the Architectural Review
Board until such time as the guidelines or the historic district
ordinance is changed according to an established procedure.
Mr. Manetta presented a history of the Architectural Review
Board, and advised that detailed guidelines were established for the
historic district by Council following input from citizens, Old
Southwest, Inc., and Downtown Roanoke~ Inc., so that persona residing
or owning property in the historic district would know what could and
could not be done with their properties. He pointed out that the
"... --
- I ~. ,....~'..... . ...~;':'~:L.....j.,... .... ~ I....... --
~'
581
Architectural Review Board has been consistent in administering the
guidelines, providing clarification as to what can and cannot be done
in the historic district, and if the majority of Council believes that the
guidelines should be changed, the Board would like'to receive direction
from, Council. '
The Mayor raised a question as to whether some localities
require appeals from the decision of the Architectural Review Board to
go directly to the Circuit Court rather than to the governing body;
whereupon, the City Attorney was requested to research the inquiry.
The Mayor advised that historic and architectural preservation
has been a key factor In the rejuvenation of Old Southwest, one of
Roanoke's oldest neighborhoods, and there is value in adhering to the
guidelines established for the historic district. He stated that the
motion, if approved, could set a precedent "for future requests,
therefore, he could not support the motion.
The motion offered by Mr. Trout, seconded by Mr. Hudson, was
adopted by the following vote: ,
AYES: Council Members Hudson, Swain, Trout, and White---4.
NAYS: Mayor Bowers----------------------------------------__1.
(Vice-Mayor Harris and Council Member Wyatt were absent.)
ARCHITECTURAL REVIEW BOARD: Mr. Aubrey Hicks, 648 Day
Avenue, S. W., appeared before Council and presented a petition
appealing a decision of the Architectural Review Board in connection
with denial of his request to install lattice material as a porch
balustrade on property located at 648 Day Avenue, S. W. He stated that
if he is required to tear down the improvements that have already been
made to the porch balustrade, he will abide by Council's decision,
however, such action will send a clear message to other homeowners
who might be considering the purchase of property in Old Southwest,
but will not be inclined to do so because of guidelines established by
the Architectural Review Board for the historic district
Upon consideration of the evidence (testimony and documents)
presented to Council, Mr. Hudson moved that Council reverse the
decision of the City of Roanoke Architectural Review Board on
"'-.
TallorMadt
CONSTRUCTION & DEVELOPMENT, INC.
2467 Horseshoe Bend Road- Moneta, Va 24121
Kevin Crouch
540-580-1104
Hank Cline
540-580-6823
rlorMade
~struction & Development~ Inc.
'n..9 Toddsbury Drive Vinton, Virginia 24179
Proposal
Date
May 27, 2009
Customer
Carolyn Otterman
Job Location 601' Allison Ave. SW.
Roanoke, Virginia 24016
Option 1 - Job Description
Removal of tin roofto sheeting.
Installation of OSB plywood, roofing felt and 30 year architectural shingles, (customer to choose color).
Replace metal in hidden gutter or cover hidden gutter and install 5-inch white aluminum gutter and down
spouts.
Total Due $ 4,600.00
Or
Option 2- Job Description
Removal of tin roof to decking.
Installation of standing seam metal roof.
Replace metal in hidden gutter.
Total pue $ 6,000.00
Note: All material and labor provided by contractor,
All related material and trash to be removed by contractor.
Additional labor and material not included in above pricing for correction of damaged material
found upon tear off. This will be discussed with homeowner prior to installation,
Pricing in,effect for 30 days.
Thank you for the opportunity to propose your job.
Should you have further questions feel free to call me at 540) 580 -1104
( ,
b & R Construction
540-397-7129
This Agreement made and entered into between
m.. ('t!/TY'A~ 8 0(/ 12 ~ ~ ~rd ~~ : ~,,)
Witnesses
Contractor agrees to furnish all labor and materials necessary to perform the work
hereinafter set forth on the premises I olf )!wner located at:
, , 4 () / AILLx:d ;..) .4tX?
In the County / City of: ~AAid k
The work to be done as FolIo
, State of Virginia.
Fo.~ ~({J ,N'")rJ, "d(~".% tJ~uc(71t:t:i<'<Jur/
** All checks made payable to R02er Spradlin
In consideration of the labor and materials furl}i~bed and to be furnished by Contractor,
owner agrees to Contractor the sum of $ .:t ~r 6 . do
As following amount of down payment $ Cash Check No
Bank Name:
Balance to be paidon completion of work $
All labor is backed with a five-year warranty date
from completion date.
Customer
Date:
Contractor ,J
Date. Y"'-L-O - a!L
Color Singles'
Color Siding
Other:
Start Date:
As long as weather permits
, Completion Date Estimate: -
(' ,
[) & R, Construction
540-397-7129
T~is Agreement made and entered into between dr --t '
Jl7s ~/nAd Q IJ:tP CotJ ('(/~ o~
Witnesses
Contractor agrees to furnish all labor and materials necessary to perform the work
hereinafter set forth on, the premises .~ o)Vner loca~at:
(,6 J Ap'/o; ~o -v ~
-
In the County I City of:
eA I\J t1'kp-
, State of Virginia.
TbJ;;;01i:7fi;;:~:i,~6Jt 1:4~~J d~
-rr . --r r! a ;-j-
HApl "fLU"", (/ A /( (J.t:l ~ n --I- rf'7~ 0;; ~ ~ ';jL-p
/
** All checks made payable to ROi:er Spradlin
In consideration of the labor and materials furnished and to be furnished by Contractor,
owner agrees to Contractor the sum of $ ~ J $(J . t'J()
As following amoilnt of down payment $ Cash Check No
Bank Name:
Balance to be paid on completion of work $
AU labor is backed with a five-year warranty date
from completion date.
Customer
Date:
Contractor
Date. -.5 ... .lLJ ~ () <J
Color Singles
Color Siding
Other:
Start Date:
As long as weather permits
Completion Date Estimate:
.
~
/
MI er Roofing, Inc
2745 Shenandoah Ave NW
Roanoke, Va 24017
( 540-342- 7348
540-344-6947 Fax
540-537-1698 Cell
www.millerroofingco.com
GAF.Elk 1.0. #
ME00556
Lie. #VA
i
i
~., INC.
ACTOR
E. VIRGINIA 24017
\344-6947 '
'~ 0
M I<,~' Ze. O~ ~lAwvV
~Of A-Ul~~~ ~, cf"W.
12~ ~ U'c.
20
;J-- t v-...[I TOTAL
I:Y'~ V'-- ~([.V
(tOO co
.61 MOUNTAIN ROOFING INe.
501 Shenandoah Ave.NW, Roanoke, VA. 24122 540-342-9901 Fax 540-342-7409
PRO P 0' S A L
May11, 2009
Kinser and Carol Otterman
601 Allison Ave
Roanoke, Va
Ref:
MRI proposes to provide labor and materials to do the following:
1. Remove and dispose of existing metal
2. Install 2*4s to pad roof to outside edge of porch
3. Install plywood over roof area
4. Apply Ice&Water shield over roof
5. Install new standing seam metal roof
6. Install new metal in hidden gutters
Total job: $15,619.00
The above quote valid for 30 days from above date.
Accepted
,20
Proposal Acceptance
(
\.
..1 MOUNTAIN ROOFING INC.
501 Shenandoah AV,e. NW, Roanoke, VA 24122 540-342-9901 Fax 540-342-7409
PROPOSAL
May11, 2009
Kinser and Carol Otterman
601 Allison Ave
Roanoke, Va
Ref:
MRI proposes to provide labor and materials to do the following:
1. Remove and dispose of existing metal
2. Install2*4s to pad roof to outside edge of porch
3. Install plywood over roof area
4. Apply Ice&Water shield over roof
5.' Install new standing seam metal roof
6. Install new 5" Aluminum gutters
Total job: $13,341.00
The above quote valid for 30 days from above date.
Accepted
,20
Proposal Acceptance
501 Shenandoah Ave. NW, Roanoke. VA 24122 540-342-9901 Fax 540-342-7409
.81 MOUIITAIN 800RNG INC.
PROPOSAL
May11, 2009
Kinser and Carol Otterman
601 Allison Ave
Roanoke, Va
Ref:
MRI proposes to provide labor and materials to do the following:
1. Remove and dispose of existing metal
2. Install 2*4s to pad roof to outside edge of porch
3. Install plywood over roof area
4. Apply Ice&Water shield over roof
5, Install new 30yr architectural shingles by Owens Corning Chateau Green
6. Install new 5"Aluminum gutters
Total job: $10,705.00
The above quote valid for 30 days from abo~e date.
Accepted
,20
Proposal Acceptance
(
M81 MOUIITAIII ROOFIIIG 11Ie.
501 Shenandoah Ave, NW, Roanoke;VA 24122 540.,342-9901 Fax 540-342-7409
PROPOSAL
May 11, 2009
Kinser and Carol Otterman
601 Allison Ave
Roanoke, Va
Ref:
MRI proposes to provide labor and materials to do the following:
1. Remove and dispose of existing metal
2. Install plywood over roof area
3. Apply Ice&Water shield over roof
4. Install new 30yr architectural shingles by Owens Corning Chateau Green
5. Install new metal in hidden gutters
Total job: $9,491.00
The above quote valid for 30 days from above date.
Accepted
,20
Proposal Acceptance
PROFESSIONAL ROOFiNG BY
MELVIN t MORGAN
ROOFING & SHEET METAL
CO.,.'INC.
STREET
601 Allison Avenue SW
JOB NAME
Wrap around porch
JOB LOCATION
Same
CITY, STATE, AND ZIP CODE
Roanoke, VA 24016
START DATE
ESTIMATED COMPLETION DATE
JOB PHONE
Same
METAL
We propose to furnish labor and materials to remove existing roof to deck and transport to landfill.
We will install 301b. felt paper and red rosin paper. We will install new tern metal hidden gutters and
new tern metal standing seam roof. We will keep roof and ground clean on a daily basis. All work
will be done in a professional manner.
Color: Tern Metal
QUALITY WORK IS NOT CHEAP & CHEAP WORK IS NOT QUALITY
If any rotten or deteriorated wood needs replaced, it will cost $45,00 a 4 x 8 sheet for plywood or $3.00 a linear ft, for sheathing boards, The
above plywood is for 1/2 inch and the sheathing boards are to be1" x 6" or 1" x 8", If this is a residence that currently has sheathing boards for a
roof deck, then there may be some dust and roofing material coming through the cracks and boards into your attic that we cannot be responsible for,
All work to be completed in a first class workmanship manner.
GUARANTEE: Job to be guaranteed by Contractor against leaks caused by defects in materials or workmanship for two years from completion,
BUYER'S RIGHT TO CANCEL: If this agreement was solicitated at a residence, and you do not want the goods or
services, you, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the
date of this transaction. The buyer is not allowed to cancel the contract if:
Melvin T. Morgan Roofing & Sheet Metal Co. in good faith makes a substantial beginning of performance before
buyer gives notice of cancellation, or if the goods provided to buyer cannot be returned to Melvin T. Morgan Roofing &
Sheet Metal Cb~ In substantially as good condition as when received by the buyer.
We,f)ropose hereby to furnish material and labor -- complete in accordance with above specifications, for the sum of:
Thirteen thousand, four hundred ninety-seven & 00/100 dollars ($ 13,497.00 ).
Payment to be made as follows: ESTIMATOR WILL COLLECT PAYMENT UPON COMPLETION OF WORK.,
All material is guaranteed to be as speCified, All work to be completed in a workmanlike
manner acco'rding to standard practices, Any alteration 'or deviation from above specifications
involving extra costs will be executed only upon written orders. and will become an extra
,charge over and above the estimate, All agreements contingent upon' strikes, accidents or
rlp.IAv~ hAvnnrl nllr r.nntrnl ()wnl)r to f'==:iIrr\J fira tnrnnrln !:Ionn nthor nOl"',QC,'C,'or\l inC,'llr<::Jnt"'O
The Owner hereby acknowledges that he/she has been provided with and
read the Department of Professional and Occupational Regulations state-
ment of protection,
PROFESSIONAL ROOF,ING BY
"MELVIN tMORGAN
ROOFING & SHEET METAL
CO., INC.
STREET
601 Allison Avenue SW
JOB NAME
Wrap around porch
JOB LOCATION
Same
CITY, STATE, AND ZIP CODE
Roanoke, VA 24016
START DATE
ESTIMATED COMPLETION DATE
JOB PHONE
Same
SHINGLE
We propose to furnish labor and materials to remove existing roofs to deck and transport to landfill.
We will install 1/2" ass wood over entire deck and over existing hidden gutters. We will replace all
felt with 30 lb. felt and install 30 year architectural fiberglass shingles. Price includes new aluminum
drip edge at bottoms. We Will weave shingles into valleys. All shingles will be hand nailed. We will also
clean your yatdandrun a nail magnet to pick up nails. All work will be done in a professional manner.
Please choose shingle color before signing and mailing white copy:
QUALITY WORK IS NOT CHEAP & CHEAP WORK IS NOT QUALITY
Ifany rotten or deteriorated wood needs replaced, it will cost $45.00 a 4 x 8 sheet for plywood or $3,00 a linear ft, for sheathing boards. The
above plywood is for 1/2 inch and the sheathing boards are to be 1" x 6" or 1" x 8". If this is a residence that currently has sheathing boards for a
roof deck, then there may be some dust and roofing material coming through the cracks and boards into your attic that we cannot be responsible for,
All work to be completed in a first class workmanship manner.
GUARANTEE: Job to be guaranteed by Contractor against leaks caused by defects in materials or workmanship for two years from completion,
BUYER'S RIGHT TO CANCEL: If this agreement was solicitated at a residence, and you do not want the goods or
services, you, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the
date of this transaction. The buyer is not allowed to cancel the contract if:
Melvin T. Morgan Roofing & Sheet Metal Co. in good faith makes a substantial beginning of performance before
buyer gives notice of cancellation, or if the goods provided to buyer cannot be returned to Melvin T. Morgan Roofing &
Sheet Metal Co. in substantially as good condition as when received by the buyer.
me;~ro.\P,ose herElbytofurnish mate~ial arid lal:lor -- cO,mpletf'l in,i:lccordancewithabqve specifications, for the sum of:
FOUfthousand, eight hundred ninety-three & 00/100
dollars ($
4,893 00
).
Payment to be made as follows: ESTIMATOR WILL COLLECT PAYMENT UPON COMPLETION OF WORK.
All material is guaranteed to be as specified, All work to be completed in a workmanlike
manner according to standard practices, Any alteration or deviation from above specifications
involving extra costs will be executed only upon written orders, and will become an extra
charge over and above the estimate, All agreements contingent upon strikes, accidents or
delays beyond our control. Owner to carry fire, tornado and other necessary insurance,
The Owner hereby acknowledges that he/she has been provided with and
read the Department of Professional and Occupational Regulations state-
ment of protection:
PROFESSIONAL ROOFiNG BY
MELVIN T. MORGAN
ROOFING & SHEET METAL
CO., INC.
STREET
START DATE
ESTIMATED COMPLETION DATE
Gutter
We propose to furnish labor andmateria'rsto install new 5" seamless aluminum giltterson lower front porch.
LL 11:3.0-0
T/ ~o<6' t:rD Add faV {fc.rffdS
~~o+t&
'-
QUALITY WORK IS NOT CHEAP & CHEAP WORK IS NOT QUALITY
If any rotten or deteriorated wood needs replaced, it will cost $45,00 a 4 x 8 sheet for plywood or $3,00 a linear ft. for sheathing boards, The
above plywood is for 1/2 inch and the sheathing boards are to be 1" x 6" or 1" x 8", If this is a residence that currently has sheathing boards for a
roof deck, then there may be some dust and roofing material coming through the cracks and boards into your attic that we cannot be responsible for,
All work to be completed in a first class workmanship manner.
GUARANTEE: Job to be guaranteed by Contractor against leaks caused by defects in materials or workmanship for two years from completion,
BUYER'S RIGHT TO CANCEL: If this agreement was solicitated at a residence, and you do not want the goods or
seNices, you, the buyer, may cancel this transaction at anytime prior to midnight of the third business day after the
date of this transaction. The buyer is not allowed to cancel the contract if:
Melvin T. Morgan Roofing & Sheet Metal Co. in good faith makes a substantial beginning of performance before
buyer gives notice of cancellation, or if the goods provided to buyer cannot be returned to Melvin T. Morgan Roofing &
Sheet Metal Co. insubstantially as good condition as when received by the buyer.
We ilrop05e hereby to furnish material and labor -- complete in accordance with abCi~e specifi~ations,for the sum of:
Six hundred fifty-eight and 00/100
dollars ($
658 00
),
Payment to be made as follows: ESTIMATOR WILL COLLECT PAYMENT UPON COMPLETION OF WORK.
All material is guaranteed to be as specified, All work to be completed in a workmanlike
manner according to standard practices, Any alteration or deviation from above specifications
involving extra costs will be executed only upon written orders, and will become an extra
charge over and above the estimate, All agreements contingent upon strikes, accidents or
delays beyond our control. Owner to carry fire, tornado and other necessary insurance,
The Owner hereby acknowledges that he/she has been provided with and
read the Department of Professional and Occupational Regulations state-
ment of protection,
ROOf
k(A.~
/{-..
lOUrHll1I RlnORlrlOR ~
6734 Shingle Ridge Road
Roanoke. VA 24018
540-330-3046
mclarksouthwest@aol.com
11-12-03
Mr. and Mrs. Kinzer Otterman
601 Allison Ave., SW
Roanoke, VA
Job# 1932
Job Phone: 540-343-6062
Job Location: 601 Allison
INVOICE #1932-01
This invoice is in request of payment ($1,850.00) for work completed during the billing
period beginning on 11..,03-03 and ending on 11-12-0J.
I. Original Agreement:
A Standing Seam Metal Roof:
1. Clean and prepare surface in areas of repairs,
2. Make repairs to holes, open seams, and other suspect leak areas, Use
Acrymax Coating System.
B. Porch Column:
1. Replace base and underlying floor area at left/front column.
c: Labor and Materials for items A & B. ".....,.......,..... ,.$1,500.00
II. Additional:
A Clean entire roof of loose paint, etc.
B. Coat entire roof with Acrymax HP 1 00 Coating.
Additional Materials: ."."."".".":"".""",...,...,,,.,.,..,.. $23 5.00
Additional Labor: .............,...,..."...........,.,..,...,......... $115,00
Total Amount of this invoice: .,. ... ... '" ... .., ." ... ,., ... .~,850~
j3J;J If' / ~ !J. tJ tJ.3
a -If' f/bF
. Thank You, ,
~! tt--.
Invoice #1932-01
S/c.;,Wl~5 q;;/-A,",J oea.V '6'f ;Mis cUclIeJ:,
Lea1:-; ~-\d",:i I f'',;a.i!, WJ.J-f-- ~aJd. "'\~
j.
Monday, August 17,2009
Roanoke City Council
C/O Mr. David Bower, Mayor
215 Church Ave SW # 452
Roanoke, VA 24012
Regard: ICAA Request
D~ Mayor and City Council Members:
The Region 1 consolidation plans for Northwest Roanoke supported by both Parks and
Recreation and the Youth Athletic Council (Y AC), has led ICAA to raise several
concerns regarding the organizational structure of the Y AC and track record of other
c s in Northwest Roanoke since January 2009. In addition, ICAA has reservations
ased on the intended goal of the merger and why ICAA is perceived as a major
component to the equation. During the Youth Athletic Council Meeting on 08/11/09, it
was brought to ICAA attention that financial resources and gain may serve as the
motivating factor for implementing Region 1 merger as evidenced by suggestions that
ICA~ must have a ~ertain status in order to h~ve a voice ~J1:~qUal~~ fields.. "
~Z~t1~~~~~~~~~~}tfyg~~T~~it,-b~~~ig~~S~'stre~~h~S C~ VO'l.e ·
'~fl88tiY;e aP1H~i1Ch \VIti",!. l11ay l;idiauCC t88 CQ11A.dl'g tmacut~iJiQ.g of lhe reasornJ",-
~ ICAA has been consistent and displayed such resilience in our fight to maintain our
independence. .
Inner City Athletic Association (ICAA) has been serving the inner city community of
Roanoke Virginia for over 30 years, and is among the oldest and largest youth athletic
programs in the city. ICAA founders developed the organization with the sole purpose of
offering Roanoke City youth, mostly African American from at-risk neighborhoods, low
income and single parent households the opportunity to explore and display their athletic
abilities through an organized sports program. Most importantly, ICAA founders
recognized a need to provide a safe environment and means for a positive outlet during a
time of racial boundaries and limitations being placed upon inner city youth.
Since i s....existence, ICAA has provided services to approximately 2500 youth ages five to
thi en over a 10 year period and approximat~ly 250 kids per. year. High school coaches
. the area have consistently remarked on the playing maturity of ICAA alumni. ICAA is
fortunate to have former players return to community to serve as coaches once they have
completed their successful journey of NFL play or graduating from college.
Approximately, 80% of our coaches have been with the organization for 10 years and 5%
for 15 years or more. These numbers confirm that ICAA is not only an organization, but
a "family" and fundamental building block within the northwest community.
During the 2008-2009, football/cheerleading season, ICAA provided services to more
than 250 youth. ICAA does not to stack teams, but provides services to each boy and
girl that requested ICAA as their home team. ICAA acknowledged that in order to
adequately service these youth, we must provide a maximum capacity for each team.
Presently, ICAA has approximately 150 participants which form three leagues in both the
football and cheerleading program.
ICAA's athletic program provides a~a' lesson to youth about character and positive
behaviors to exhibit on an off the field " e pride ourselves on establishing rapport and
trust while teaching the skills essenti to relationship building by ensuring that all
coaches and players move together as the players get older.
ICAA's commitment to effectively improving the quality of life for Roanoke City youth
is reflected in our strategy for meeting the needs of youth and selecting appropriate
services. Beginning Fall 2009, ICAA will be providing education guidance and services
through our newly established "Education Department. The educational department is a
comprehensive initiative in which ICAA will collaborate with the local community,
schools, parents and volunteers to assist our youth with crossing the threshold of
academic success and challenges of adolescence and young adulthood. An upcoming
project will be the "Inner City Education Academy" to assist youth with developing
positive self awareness, peer relationships and social skills. In addition, we will be
continuing our school base mentoring and establishing a site within the community to
facilitate our programs and services.
Since ftj, ICAA has been successful and thrived with minimal financial resources form
the Roanoke City Parks and Recreation Department. Throughout the years, ICAA
coaches, parents and volunteers have made several attempts to request funds from
Roanoke City to provide porter potties, light fixtures, lined football field and concession
stands in order to better serve the youth and possibly generate revenue into the
organization. Unfortunately, 20 or more years later, these are the same identified needs
of the organization. The lights at the Lincoln Terrace field were donated by an individual
who recognized our need and the impact the lack of city resources had on the youth.
Despite, ICAA financial challenges, ICAA continued to proceed forward with seeking
partnerships, volunteers and funding resources to sustain its athletic program. The
organization ensures that all kids receive uniforms and equipment and additional needs in
order to cooperate in city sports. ICAA's booster club is responsible for organizing
fundraiser events and activities to contribute additional funds to address any unmet needs
regarding uniforms, equipment, supplies and appropriate programmatic efforts.
Presently, ICAA has available equipment and uniforms totaling over $7,000.00; therefore
prepared to provide a uniform and equipment to each registered child this 2009-2010
season with additional equipment left over in case of emergency or damages.
ICAA prides itself on being a youth driven organization and strongly believes that a
current plan for Region 1 consolidation is not derived from the same approach. The
current plans and lack of organization structure within the Youth Athletic Council and
, '
Region 1 does not embrace our initiative to bridge our athletic, education and mentoring
services to better serve the youth from a holistic perspective.
Roanoke City Parks and Recreation has requested that ICAA move forward and only
eliminate our athletic component. This request poses a major concern as the athletic
program is building block of the organization as made apparent by the name "Inner City
Athletic Association". As a 501 c3 organization our bylaws and articles of incorporation
are submitted to the Virginia State Commission. Most importantly, our organization submits
annual taxation3~~q ~ports to the Internal Revenue Service (IRS). Therefore,
our reason for" ~fb"~ among other things is the potential for engaging in "poor
business practice-;-;-1~ which three independent 501c3 organizations will be merging. It
appears that the merger will violate our bylaws as an independent organization and
implications for effective business practices should be considered.
ICAA is requesting to remain as stand alone Organizatio~J~~~rations as we
have successfully done in the past 40 years. Mr. Pete Lampman, Director of Virginia
Amateur Sports and Coventry Commonwealth Games posed a significant question during
the 08/11/09 meeting "What does ICAA expect from the Roanoke City and Y AC if
granted stand alone or provisional status?" The response to that question is simple, just
an opportunity for our youth to play amongst Roanoke City youth, to receive permits for
Lincoln Terrace practice field and fulfill their responsibilities as identified in Parks and
Recreation "2009 By-Iaws"~~'
In closing, we ask you, and our children and their parents ask you: recognize that
we have been successfully meeting not only the athletic needs of our children, but
also the unique cultural needs of our children with a holistic approach that stress
and rewards achievement into successful citizenship. We refuse to believe that only
by the elimination of our organization's successful athletic component can our
organization continue its 40 year plus legacy of service to inner city athletics.
Sincerely,
81W~
Kiann Trent, ICAA President
Inner City Athletic Association (ICAA)
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alone recreation club. On May 11, 2009, the Youth Athletic Council decided f:l.i ~
not to accept their proposal. After this decision was made, the new athletic ~.' )~~
clubs within this region began meeting to organize. ~V~ ~
\. ~P.
The Region I Recrea~ion Club has ~ormed with Northwest, Wilmont and Pilg~im '~~ Y'fr
Baptist representatives and contmues to meet to prepare for the upcommg 1\." t\
football, cheerleading and soccer season. Before the finalization of this "'f
merger, these three recreation clubs merged for this past baseball season. This
consolidated effort allowed this region to form two girl's softball teams. This "
region's girls have not had the opportunity to play softball in the past becaus / ~
the individual clubs never had enough players to field a team. Since May 11 '~/ ..0..0...
2009, this region has spent approximately $45,000.00 to obtain football and,
cheerleading equipment to accommodate all the youth in the Region I area.
With that purchase, they have enough equipment on hand to outfit 16 footbJtt'
teams for the 2009 season. Roanoke Catholic has also merged with Region I
beginning this upcoming soccer season. Any youth residing in the Region I
~ area or attending Roanoke Catholic School wishing to play football, soccer or
~,c cheer will have a place to play within the Region I Recreation Club. The practice
.\i fields that have been in use by the separate recreation clubs will be utilized by
e the consolidated Region I Recreation Club. This will allow the youth of this
rr region to continue to practice within close proximity to their residence.
\~ However, the Region I Recreation Club has four vans that will be used to
n J9 transport playe.rs if the need arises.
~~~LElY\QI'(l_cD.lk?QO a,\ 'lAC.-
a i?:- I coiidbsion, the You'ih Athletic Council through efforts of VOluntee. rs a,nd
, oaches has coordinated and facilitated youth recreation team activities in the
City. for the past~six years, the Y AC has been in a process to further fmprove
those activities through a' consolidation process that has been successfully
accomplished in three of the four regions. The YAC is in the process of
undertaking the final consolida,tion effort and has prepared for, and made :,..1
(-:-investment in, a consolidated fall sports season of football, cheerleading and
.J) i soccer with the support of most of the recreation clubs in that region. The
/) ~ff:J)~~ club presidents are working together to develop standard drafting procedures,
~fl~. ~bylaws for the Youth A~hletic Council and standards of behavior for coaches,
~ 6l\'1 players and spectators to guarantee the best possible playing environment for
our city's youth.
The City's role in this matter should be limited to the activities that the Parks
and Recreation staff have previously provided, and should not involve the
details of recreation club governance, team development, player drafting, and
related organizational efforts that have been undertaken and accomplished
successfully by the volunteer members and organizations comprising the Youth
Athletic Council. Given the above, staff does not believe that the City Council
should intervene in this matter, and any further discussion of the Inner City
Athletic Association's concerns should be addressed to and by the Youth
Athletic Council. ,J
H '1 Q '\J~ \7J\,J '4\:\'G~'Jo.- ^ A t, ij :.lL
w~ L 'tt'- l ~nJ)jU2. O\Nl..rU\.
Page 2 of 3
INNER CITY ATHLETIC ASSOCIA TON
PETITION
I was informed of the plans implemented by Roanoke City Parks and
Recreation regarding the Region 1 consolidation. I understand that Inner
City withdraw from, the Region 1 plans and the Youth Athletic Council to
remain as an independent organization. By signing this petition I agree that
I AM SUPPORT OF INNER CITY ATHLETIC ASSOCIATION
REMAINING AS AN INDEPENDENT "STAND ALONE"
ORGANIZATION WITHIN ROANOKE CITYP ARKS AND
RECREATION.
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OS/23/08 16:24 ~
SENT BY;W(~DS,ROCrlJ~5,&HAZLEGRO: B-~G-~5; 11:52
ti:OilnOIlC~
I4J 002
...J"jjU0""TI.I,.......,\,..I.... '" >L-I.......
__ 'i
~b1Mj Ltt/l-- 9pu yS-~
BYLAWS
OF
H-1NBR CI'I'Y /\'I'HLB'\:'TC 1'.ssocrA'1'I01Sr r INC"
JU1YI CLE I - NPJVjE )um I,o CAT I ON
The name of this corporat:ion. shall be Innt':r City ALhletic
JLssociation, Tnc. The priIl~ipa]- office of C]1e: corporation aha],l be
in t:he ci ty of l"/.oanuke, '1.i:cg-iniH.,
ARTICLE II - PTIRPOSES
The PUrpOlH':::f of this carpor-at-ion shall be;
(l] To provide at.b.letic progralTls tor chi:! drer) and uplifLing'
education and advancement for its rn6\nbers and 'the chi'f dren of the
Roanoke, Virginia area.
(2) To give and direct 3) 1 kinds of tlocial tlnd athlet.ic
functionD.
(3) To fiolicit and r-eceive gift9, donat:ion8 I bequeDtEl and
devi SE:S uf money and property of eveJ:Y kind and nacttre.
(4) To do any and all thing2 incidental 'cO the above-
me:nt:iOIled pl,n--pOGeD or anyone of chern.
(5) To exerciae all otner pOIlJerg couterrF<a upon Nonst.ock
corpor.acions by Chapter lO of Tic,le 13 _ 1 of 't.he: Code of Vlrgini<J,
ws amendt~c1.
t>1>>28892~
.~
....
OS/2J/9(j 16: 25 'B'
. so 'IT ITr': flOOD:S, ROGl:J\J, &tIAZlfGli'o: S-26-;;1,S
)'1 :OL
r..Udlltlny ~
'.
,AJl'l'ICLE n I - BOARD OF' DIRECTOIv:::
The j.ni \:.1.8.1 BO<:Jrd of DirecGol1:J sbaD. Llf!1.\Ie as 8Bt fO:Li:11 herein
.and in the Art.:i.cleB of lIicorpo):-8t:lOD.
L
'feX'nl.
Tbe term of each Director shcl.1l. be t,l1:ref: year8.
Di1.-eotors ma.y Se,l'VA up to t:.wo CDn/iH~cutive J -year t:.e:CCIlJ;.
After
serving two conseCl..ltive 3 -YF;!?1r t,erm9, a LJirecl:or shall be eligible
for reappointment, tt) the BO-Bxd of oireacorEi aftfdT a l-yeC'.r
an8tent:.ion.
Vacancies, j.ncluding vtlcanciBB caused by an increase
in the rlUlrIb-er of direct.o:r.c.l on the Boord of Dire.r::t:.ors, shall be
filled by the remaining Directors. Or Directo1:', if onJ.y rJue
Direct:.or J:emahw. Any Director rnay bo removed, ar: a maRting of the
Borrrd of DiJ.-ectors called [or that pUrpoBe, with or \.Jithout "<3l.JEle,
by Bn :affj.rm-3t:i've vote of more tl1?,D si,ct:y perccnl~ (GO:;;) 0,1: Ute
Elxlar.:fn9 InRmberJi', of the Bo~,('l of DjrectOX13_
;;1.
p(,~:r:-.9 and Dl,l~,!-e:6_
f:L""(ccpt aG othenrine p?=,ovldfld by
.ctpplica.ble lal'l, ell€': BORrel of DJ.:r.:ect:.ora of this cOr.pOri'1I'::Lon .Ed',,,,IJ.
have veaLea III it. and sl1all excrc:i.JiI~ all of the cOXpcn,:-[ll:e powc:rH 'Of
uu_:'.~ corporal:ion_
Xt g,ha11 ,be' thg duty of l:.bc Bo<;>,:>:'d of J)i),-~cLorG
t:o caxry on and CondL1ce the busincc:w of the corporation, lTIClf);;!ge itA
PJ.:"opcrty, r;::J_~at its otficerg, 2.ppui.ne Auch cOlTlm:i.ttees as j,t III;=ly
d130Tn Lo b~ necessary. ,to E;1-ecl~ its 9llCC,,"Ol"'.1L"8, ;lxtd perform 0.11
oLhe:c nets and thinge. n~ces~ary_ ,J.J1.d proper to carryon 1-/"',0 obj C:els
f'lnd PUx-pOSeG of chi,~ COt-porat ion.
3.
L'/unu-..>e.r .
The initj_<,<l nurnbr::r of directo,l:'BLOr r_he
COX-POTClt.iotl in J:8.
Th~ DV,moer of director.3 ma.y be. inCr8<7,8ed or
1i~::JIHJ921
2
.,f./
fill on.,')
. (. .
U~/2J/gtl 16:~U 'd'
,Sl.::NT By: IYOOD5, ROGERS, &HAZlEGfW; S-2G-3::i
l'1;iJ~ .
,\.y '\lIlln r"
@004
~,
de:creaRe::d from \:ime to time hy tbe Bo;:u:CI of DJ.n:::cto:C8 provided that
t:he number shall be: at leal;Jt one.
-4 . I1Q~ t.i 11fIfl..
(a)
Ar-lPu91 f.I'~Sltil1sr..
TIle Bo~rd of DireG~OrB shall bold
an annuioiJ. meeting dur:Lng the m-onl:h of .July of eaah ye;)r at the 00111
of the Chainn.:l11 of the Board of Dirac-tors at whioh meeLing" the
-,o:Efice:xe. oJ: ..UU8 \':co:cpoT?it:icnJ. ':911OJ.11 'b-e' el.ected .,{nd
, , ,
an:,i' othiSlr
~1,u8ine8B of the corporation \::rarlL:mcted _ The anDua.l ru~et:.ing of 1':.he
Boa:t-d of Directort'l will be held immed:j,d.tely afLer the a nnl..ta 1
meetj,ng of members.
.. '.'.~" ' J '. . _ .'
(b) QJd2]:'~ M~s>;U,nqlL. .. The' noard of Director9 shall
hold ):'e-guJ.ar qu::J.rtfUrly Tfl88tingB t~egi.[)nhlg in Uo'Vcmber, 1995 and
t.nerC<:2-Fter in each guarter;"annual period <1.8 tile Doal.-d may deei~JTiace
by resolutj.on for T:he: purpo!:'1t; of transacting such buoi.nG:[](J as lnO<Y
reg1l1arly come: beiore .such meecing8.
(cJ. ~pecialJ1~e_tiI!snL. SpeGial meetings uf t.he8oard rflay
be held upon ca110f the Chairman of the Board of Direcr.o:cs at. Buch
t:irne and pJ.ace <ilOl hOl may dtlt>ignat1::.
Special meeti.ngs may ti160 b~
held upon call of three members of th5Board of Directors.
(d) tIot'i.oe. Notice of the: annual and g1.1Llrcerl y meet:ill,gE
o]-wll hE' !OfJ,ven to each Director hy rcwj 1 j,ng the Barne to him at. hj.13
pOB t oti:icf:: address ~~, aho",:? _ by.>r:ecords . of t.he co~por;;u::ion, QJ.t~
least ten (1.0) days befox'c the day of ouch meeting 0-;:- upon wZliver
of notice of the meeting.
Hc>cie:t:;: oE' rJpB:cial rnBcLings I:llwJl be
gi.ven cttcb Di:n~Gtor by Be:rving him wiLrJ sue}] notice pert-;onally or
by mai) iLlg tho sarne co him at t1io POhL ofri ce ;;.c1dre:FlB s110lun on the
HIO:lB89~l'
3
OS/2:1/00 10:28 "LJ
58'iT fn' :1I00D3, K:oou,::;, 5,Jf/\.:OJ::W.(t}; ~I-::CO-:O;' .
~." ~ \.h.J
fiD 0 05
.'
records of. t.he COJ:porat::Lbn. not le.'3s l:haxl three (JJ d-3.yB pJ::-j_or t,o
the day [Jet fOT 8aid B.J;.lI~ci,",l ,inerating; pXO'T-rj_d8d that a. n\l2€t:J.J,1g CI:!:
U.:i,e ,l:loa;1;-d m;ay )y held ;?"t ?u.y, t::i.m-e. if xiot:ic'2i of Lm.ch 11112:etiug if!
].-J;::Jived i!J 'nl.L"ii:ing !H i",dY;:;tnce t.he:t-'~r.Jf by ;aJ.~ DLr-ECtO:C.9. flj,l n_uLicer:o
shall .be lilcdled ox- ,,'3e:rv~c1 by' ttle Secret;::n.')r of 'U)(='l Co.r:pcn.-;J.t5,Cl.n_
Not.ioe!;l oE fI' '8peciaJ,lueer.:.i.n,g tu::,ed n.ot dEJ.9cr:J.be thtJ PUx-pC)Be of: the
-8paci,?L :f.l!eeLi.ng<
;-.. ,
:)j ~:-~-:;~ '..~'.~.. .'~:
(e)
,nb10~~
A Bimple. ,majority oE f:hq nl.1inb~:c- 0:(
rl?L~l:.~-i.~:1.CSf.:L ;,:uJ.d" (3, ffiBjority of .t..ba,<:;e pXr9,EH'.mt:B't" 'iJ> ll1eeLJ.ilg /_'.1.:" ~h:i,cll' ,3,
DJrecco.'.:",r.t 1::'~18n in, office:.: shall constitut,:::' a guox-mn to L:Lano",.ct,::
,qU,?Xl,.llH lI3'fJ:T-:~8e.nt, DkUY ,t:r~.nBact."l:lJ.~' bUBj;):),c!::i.Gof' ell>:: CQ.Tpo.r.i'i\t.lan
. .~ .
t:.hcl:IC B}'J.3.\<I,g_
0xcept a9 Dt~henri8e provided ill the .lI.rtic1013 of IllCoJ:l?m~atio.u or
(.r)
C~JjJ-,ftT.:Lenc;e Tel ~Qbon~_
Any 'Or a.lJ dj.r~ctoJ::p ll\-!iiY
.1..D, perBon ell: .a lne~t:i.ng_
hea.r each ol;her, and Bueh p~l.)_..=i(!ipat..t(]n shaLL con8titul~e pnJBence
C'OIlllL\Unj,cattOl1 b;{ ''tlhich all perSOllS P8J:T,icipat:ing in r~J:JJ:! uIs8ting carl
of the BDil:r.d by !neD-DB of a cOnfSrfltlCe telephone, or ,UlY me21,:W':; of
PLlr1~icipat:e in ;:.\ meetiny of t:he BO<lrd of D:i J;ectO:t's OJ.- ;). C!(lllllltittee
me)\lberl~ _
5, .rJ&s::..tj.QJ1_ Th~ BO;:I:r:d 0:( D:i.roct.o.rs shall be eJected by the
G _
11.Qtj,L\9-J1Ltl.!.mli:_r).~.ee:l;j_:[1.g .
JU)y 2ct:ion r8q\.1i,re.d 1.:0 L',e
\,rri_U.ng gcttJ.ng forth the o.ction 80 t:ab:~D sn;:{lJ be 8ig:ned,J:JY allot
8,t such meeting lTIay b~ taken -,d_tbout ?, 11Ie:~[lng if a cc'nElenl l.n
t:.=.ken c'.t .='. meet:ir~g of tJ,c Board r.,f Direct:ors o:rwIJir::h 1Ili:\)' .be t?ken
Hti.2fJBS:;!1.
<}'
OS/23/06 HI: 211 '{J
.500 BY: WOODS. ROCiElZS. &lIl1W-:GIW j l:j- 2(j- ~lb
1'1.00 ,
@OOil
," ,-~.
t.he d:Lr,,,:cr.O:n=L Such (:unsent Ed1.<<ll lla'IJ<2 the same :Coree .and c,f1:ecl::
as a llnanirnol1s vote.
A[L'l'ICLB Ii.! -, OFFIctmS
~ - T't,'"::Lln of Clffi i-:e. The officc:n; or the COJ:-po:cat~on 61-1<111 be
.a p:r.-eElidi:J:nl~ I a ...rice pyefJident, a i9/;:c:ret:.Gl,:i."'Y, a t::Ccfii:Jl1re arIcl &ncb
i-.idditJonal offi.cFJr" o:c ;cJEJsistauL otfiaeX-B aD the di.rcctoI"l'J nm.y d<8em
ne:ce:BWClry_
The offic6:J::S OfUliB coqJo'i-atiOTl ahal] be <.:-;l-ecced at
t:he <:inrmal llleetiT1g or tl-J~ floanj (.If Direct:ors f:corn the me\~lbej;8 ann
shall hold office for t:wo year-a ox- unt i 1 thei::c SUCGeEl80:CEl are
elected dnct q~ualiflEid.
The Boa:n'l of Diret::tors. n'lay' appoint tUQ
individuaJ5 LO f'::t>,ch office _ .An offJ.LtJr may be removed by t:.he Boa,:nl.
of Direct-orB 'whenever in it,E; jud~rlTlE:nt t~he ,intereat.e or lhe:
corpora,r:.j.on tlloul d be Be)~ved the:cel:;ry.
.::;!. flu \~i~--Q.LJ~,>!:--~;'iidf;t:!.t.. Tbe l?reoidcnt shall pr.;:~ide at all
rClf::etings.
He, ohall perform 8uch ot:her dUl-:iea dB In~Y be Dpe:cifj,ed
by the Board bf Directors.
J.
Dl1r,ip.l'I of vi C~I;'~12id~nt.
'The VJce President:. >lhall
perform all functions of the Pr""eide:.ut:. .LD the ab8en<:;e of t.he
Preeident: .lnd shall perfurm SUell other duciea as the Board of
Direclore may specify.
.;\ . 12lLtiei'l of ,SttQl.-eta a.-.. _ 'I'Iv,; Sec}.-ci:ary ah.:d1 -keep th2-
mt (nlCc'et'J of ",11 mee:l j ngl:'l of .the Board of. Direcr:oY"f: and 81-10\11 keep
all baohe d.[]d records of t:h8 BOi:lrd uI Oi rt;ctorl3 (lnd corporation.
'1'he Sec:retiJ.ry shall l:lign and give illlDoticea- of rneeL.ingu of f:he
HIJ2DfJ921
5
OS/2J/90 1U:30 'lr
5Ej\:T BY: WOODS. R()(,ER5, &111l"r::.tEGR:O; D-20- 35
lq,:b<:l
ffll (J (J',
~~ .
cC1:cpora.LLon and pe:cfr)J..'1I Buell other dutJe5 as !.:lIe BD;:lxd of Di:r-ectorB
m;:lY npecj,fy..
50
0J.!;.;LQfJ o,C the J'LQ.;:J~YD;::r.
The TXE2\OuXET slle'.},} keep '):.he
DooJC:!J of "),CC01Lnt of the corpo2:"iOI,t:.ioD and have custody Cl.nd co,lJt:cc11 of
aJ.lt.he moneys of the co.rpO.l:ot:iCll1 and 011a11 depoult the same In
fllJ.ch ba.nk.g Or bank .afl [nay be d~J1igJ}~ted by the rAoar-a of Direct:ors.
The Tn~aY:HlJ:e 9h<1.11 P"'y claims ag;cdllBt the r.:o.cporat;ion \'/heD c1ir1?oted
tn dc) :&10 by !:h~ l:Jc,-);;J:rd ot. JJirectOl:'8.
The 9:1^ea.Gl\X~ 811;3.11 gi:vr?: slJcb
bOD.d as may be fixed by the Boa.rd of lJixecLOl'a" t.he qJS!.= ~:lf wh i.ell
shull. be paid bytbR corporB.tLon.
The 'rr.OOlsure -I3hi3.1J TlloJ,E-l all
oLOI1URJ. xeport of the business oD.J.Jd fiIluDCC.9 of the COXPOXd.t.iO;P to
the Board of D~i.rcctOJ':-f;3 iO\ud the mBml}t)l:'s' organ:LzatiDo.S oJ:J.d such
other .J:"epo:ct.E1 as [JIG BOCl,rd of Dj. rectOrs 'may h.:om Lime 1.::0 Li.lTL~
1:h'2l :go;;,1.:rd (.)f .Oi:r.ec:t:or13.
.requef-n:: .;1nd sball perfr,n:-m ouctl other dnt.i<:::s "'.$ m;;.\y be 'l3per;:5.fie:d by
Go
.Yi3CClllCip.f;I.
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bEl elected by the BOiJrd of ]Jj.rectors [Or his unexpLr:cd r',e:nn of
ARTICLE II '- NEr'WERS
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Qual:i.f.ica.tion for wembership abnJl h8
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of D5.1.'8cI::.01:"8.
1'118 annualnlcmbcrs]1:Lp fee i8
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be changed fxam time to time b:'l the Board of DJrectors.
.2 . ill!IJu;;~J r\eE1;jJ1g. The merjlbGYEJ .sball hold an ;annuC1.1 lTI<6$ ting
duYi.ng t.he lTJonth of ,July of each yeu:c at the c;;11 of the Eoard of
Director-B.
;3 . ";;O,~ri..P-l--.1~etilJqR . Spe:cia1 11\e:;e~.:ingEJ C;Jf the Ill~TTlb8r8 may be
called b:'l ,the. ,J'resident,
Y.,-;
"An.1,'~CLB VI - Ar.'1ENTIHENTS
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vJbenevE:Y,it i9 congidered nCcestJdly by the BDen-d or D.L:r:-ecLoTa
~has,.t~~.fJ8,B'.'{l,EH"LJ be ClIT)endcd, tIle Board ?f DiTeoctoTa .sh;:J.ll, prepzlrr::
such propo[J(oeJ amendment: and fll.lbmit the same to vote of the Boara of
D1. rectors aDd upon app:r:ov.,l of such ame.ndment hy 0 rnaj ryci ty ot t:hc
BO<lYd of Directora the amef1dlllenL shall be effect:.i Vc.
AnTI CLb; Vn
The cOl.-poration shalJ. h9,ve the 1:1gl1t EO retain all o:c any part
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and to inV28l: and reinvest 03,1'11' fundS] held by it a.ccordJng co the
judglllc11t of the: Board of lJirectors, provided, hO'wc;:ver, thal: no
acti,on Bhall bE: l:.21kcn by or on behal.f of 'the cOlTJoration if suer,
action :La a prDhibited txan.l:lB.CL..i,on Dr 1:iou1,Q result:: in .deniCil uf t:21)(_
exemption und8r Sec~ion 503 or Section 507 of th~ InLerndl RevenUR
(:odc- CLIH.j its regulations as t:hey no,-,,, '~;Xi3t or dS Lbey may hert"after
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orga.niz;:J.tioX1r. contr.ibutions to'mllich ;;tre dedu.cl:JJ.:d.e, 7J..ndeT -gecl:io.tl
Code,of 19f.16 ,(the MCode/) ano'it.8 requTAt.:l.o,U.H, ,.a,~ d,meIJded, o:t:'by n,u
prQvieioX1S of the amen.ded Code,
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a.HY ins 1: ,CUllJ.ent: .
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The: .Boo.I'd at Dix8ctarlil me,y aut.hori:;:;c the use of a C01.--pcn:'dT:f":
a aea.l,
force aEl it actuall;r BB'=lled by phyejcally a.[[ixin,g an JlllpYE:EJSJ.\:JCJ or
conta.in5.ng words irnporti,nq a .ql;;:alad dOCL\l!Ie.n.t ahall be of the .9a,m~
CO a 8c:col1 by l-I~Y of a eeal or th~ (:xeculir;:nl of .., document:
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AR'}'LCLE XI
1.
,Corurrd tt€:cB.
StandJnu cCHllmi t:l::BE:S of tl'n= Boa:cd sllall
cQn8iut of the following;
(a) AthJnt-igt'!~Fitt:.t:e:S'!... tBuk .is t,o coordJriElLe iilthJet:Lc
clcti"vic.:J,t:[;1 and p1anfJ.
(b)
E:r.::iiQ e rn i ~
1::0 aid in the acader(tiJ..: rJlrpport of
program pan:icJrJdnts t~brOU9h t:uto'cial offex-i,ngs.
J:'Q.f:iiiJ t S :::!.!:!l2.29. IT
cOl;ltl t'lUe:d pbrticipdLion by the pa,:"'-ent~ family ()f participaDt8_
(c)
to CourH8 an.d GOo:r:-dindt:e the:
(d)
C()~~cJ~l::!.
to provide ~i:<rl~er.ly Op]:Jort:unities tor
nQRds. achlee~c atrdtegieD, etc.
volunt.eer coaching I5tctff to ~lathilll-:-sha:ce and pJ.::m forblldgec"u::-y
(e) -MIl
to facilitDtc the dcveloprm~nt, 02 the NUT
COlnponen t. of the pr-ogram, and coordinate acti vi ty vd f~h the board.
(f)
EllIJd!:"Cl i sing
CO d~velop r plan and irnpJeTTlent an
activlt:.ice identif:icd in the budget and ;approved by l:he bO<lxd,
<ltnrmal BtraLegy for raising the fUnd<:: neceEJoa:r:y tor BU8ta.ining
The membe::C8hip of E;ctt.:h COiJllottt:et:: m:)y v.<\ry J.n llurnbRr, and
members Elhal1 be QPpojnt6d to one (J,) year t:'erms by t.he President.
t.he Prt':l:lident.
VacRncietJ may be filled tor t:he unexpired t.errn by aPI-JoJnt:rne:nr: hy
Additional committees may be created by the Board
01: Di:cecl:.o,s ,najor-icy v!=)<:E:.
H1i2S892;
.9
Roanoke City Council
)~
~'o
Council Members
The Region 1 consolidation plans for Northwest Roanoke supported by both Parks and
Recreation and the Youth Athletic Council (Y AC), has led ICAA to raise several
concerns regarding the organizational structure of the Y AC and track record of other
clubs in Northwest Roanoke since January 2009. In addition, ICAA has reservations
based on the intended goal of the merger and why ICAA is perceived as a major
component to the equation. During the Youth Athletic Council Meeting on 08/11109, it
was brought to ICAA attention that financial resources and gain may serve as the
motivation factor for implementing Region 1 merger as evidenced by suggestions that
ICAA must have a certain status in order to vocal and present on equal playing fields.
At this time, ICAA would like to address the City Council, but we wish to use a strengths
perspective approach wish may enhance the Council member's understanding of the
reasons ICAA has been consistent and displayed such resilience in our fight toward
maintaining our independence.
Inner City Athletic Association (ICAA) has been serving the inner city community of
Roanoke Virginia for over 30 years, and is among the oldest and largest youth athletic
program in the area. ICAA founders developed the organization with the sole purpose of
offering Roanoke City youth, mostly African American from at-risk neighborhoods, low
income and single parent households the opportunity to explore and display their athletic
abilities through an organized sports program. Most importantly, ICAA founders
recognized a need to provide a ,safe environment and means for a positive outlet during a
historical time of racial bound&ries~d limitations being placed upon inner city youth.
ICAA has provides services to approximately 2500 youth ages five to thirteen over a 10
year period and approximately 250 kids per year. ICAA is fortunate to have former
players return to community to serve as coaches once they have completed their
successful journey of NFL play or graduating from college. Approximately, 80% of our
coaches have been with the organization for 10 years and 5% for 15 years or more.
These numbers confirm that ICAA is not only an organization, but a "family" and
fundamental building block within the northwest community.
During the 2008-2009, footballlcheerleading season, ICAA provided services to more,
than 250 youth. ICAA's intention was not to stack teams, but provide services to each
boy and girl that requested ICAA as their home team. ICAA acknowledged that
adequately service these youth, we must provide a maximum capacity for each team.
Presently, ICAA has enough participants to form three leagues each for the football and
cheerleading program.
ICAA athletic program provides a daily lesson to youth about character and positive
behaviors to exhibit on an off the field. We proud ourselves on our ability to establish
rapport and trust and teach skills essentIal to relationship building by ensuring that as
players move up a league that their coaches and mentors move with them.
ICAA commitment to effectively improving the quality oflife for Roanoke City youth is
reflected in our strategy for meeting the needs of youth and selecting appropriate
services. Beginning Fall 2009, ICAA will be providing education guidance and services
through our newly established "Education Department. The educational department is a
comprehensive initiative in which ICAA will collaborate with the local community,
schools, parents and volunteers to assist our youth with crossing the threshold of
academic success and challenges of adolescence and young adulthood. An upcoming
project will be the "Inner City Education Academy" to assist youth with developing
positive self awareness, peer relationships and social skills. In addition, we will be
continuing our school base mentoring and establishing a site within the community to
facilitate our programs and services.
FINANCIAL
Since 1906, ICAA has been successful and thrived with minimal financial resources form
the Roanoke City Recreation Department. Throughout the years, ICAA coaches, parents
and volunteers have made several attempts to request funds from Roanoke City to
provide porter potties, light fixtures, lined football field and concession stands in order to
better serve the youth and possibly generate revenue. Unfortunately, Roanoke City did
not honor these request as the lights were donated by an outside source and ICAA
continued to proceed forward with seeking partnerships, volunteers and funding
resources to sustain its athletic program.
Despite, ICAA financial challenges, the organization ensure that all kids receive uniforms
and equipment and additional needs in order to cooperate in city sports. ICAA's booster
club is responsible for organizing fundraiser events and activities to contribute additional
funds to address any unmet needs regarding uniforms, equipment, supplies and
appropriate programmatic efforts. Presently, ICAA has available equipment and
uniforms totaling over $7,000.00; therefore prepared to provide a uniform and equipment
to each registrated child this season with additional equipment left over in case of
emergency or damages.
ICAA prides itself on being a youth driven organization and strongly believes that a
current plan for Region 1 consolidation does is derived from the same approach.
ICAA strongly believes that the current plans for the Region 1 consolidation does not
embrace our educational initiatives as evidenced by recommendations to maintain
independent educational and mentoring services separate from our existing athletic
program.
,..
RECOMMENDATIONS
ICAA anticipates that approval for provisional status will allow us the opportunity to
collaborate and develop partnerships with Region 1 recreation clubs, board and
community members to begin planning stages and strategies for implementation to ensure
effective service delivery. Most importantly, ICAA and fellow clubs will be able to
continue to provide a quality of services for inner city youth and appropriately prepare
our youth and parents for possible transition.
,iI,
c-to (-rv-U\i-~
October 27, 2008- P& R (Cindy McFall) r.1et with individual clubs within region 1 to
"discuss that) consolidation and the fact that it must happen". (Parks and Recreation
Region 1 agenda minutes)
*November 10,2008- "Benefits/drawbacks to consolidation" A benefit statement
requested by NW President to provide for individual board members. P&R (Cindy
McFall) agreed to prepare information for next meeting. NW President requested Region
1 endorsement letter and acknowledged that P& R failed to consolidate region in last
attempt. (Parks and Recreation Region 1 agenda minutes)
*December 15,2008- P& R (Michael Clark) addressed benefits to consolidation
(i.e., ineligible players, jumping boundaries) and stated" Parks and Recreation wants to
recognize one recreation club in each region" , "The best way as a department is to have a
unified club". P&R (Michael Clark) agreed to enforce deadline for January 26,2009 for
individual clubs to determine ifthey are "on board" and send certified letters to clubs not
attending (Parks and Recreation Region 1 agenda minutes).
December 26, 2008- NO MINUTES FROM MEETING
May 1. 2009- Inner City Athletic Association (ICAA) submitted proposal to P&R (Cindy
McFall) to present to P&R and Youth Athletic Council (Y AC) requesting to recognized
ICAA remain as "Stand Alone" or implement Region 5.
May 11,2009- YAC voted against the ICAA proposaI5-1-I. (Clubs presidents present:
NW, Wilmot, Pilgrim, ICAA, Williamson Road, GSA, South City Knights). Y AC
continuously expressed to ICAA that merger discussion has been in process for years;
however Y AC was unable to produce documentation beside agenda minutes and benefit
statement.
May 19, 2009.,. ICAA attended meeting with P&R (Cindy McFall, Steve Burschor, and
Michael Clark) to discuss concerns with consolidation regarding inadequate planning and
barriers to effective service delivery. ICAA stated rights as nonprofit 501 c3 organization
and requested all documents pertaining to formination of the Y AC (including policies,
procedures and voting procedures). P&R recommended that ICAA attend Region 1
meeting OS/20/09 to address concerns. (ICAA letter)
May 20, 2009- ICAA President/President of Athletics attended the first Region 1
consolidation meeting at Layman Bingo Hall. (Present: ICAA, Wilmont, NW, Pilgrim).
ICAA expressed concerns regarding organizational structure of Region 1 and importance
of equal members (parents, board members, coaches) being involved from individual
, .~__._c'l1Jb~..l<;AA informed that Region 1 board members can convince parents to join Region
1 w/o necessary involvement and that Region 1 win proceed with or without ICAA.The
follow- up meeting was scheduled for OS/26/09 to begin planning and voting for Region 1
and development of Region 1 bylaws. (lst Region 1 consolidation meeting)
May 26, 2009- ICAA President infonned Region 1 and P&R that ICAA will be
withdrawing from Region 1 process due to continuous efforts to remain as "Stand
Alone". ICAA acknowledged that P&R will not recognize ICAA under partnership due
to Y AC rejecting proposal #1; therefore ICAA expressed offering alternative services to
youth, (2nd Region 1 consolidation meetinglICM letter)
June 15, 2009- Received continnation of ICAA letter of withdrawal. ICAA was
infonned of responsibilities (staffing, financial, facility rental/usage) if seeking
alternative partnerships.
June 17,2008- Meeting with Roanoke City Mayor, David Bower to address ICAA
concerns and prior meeting with P&R. Mayor contacted Steve Burschor, Director P&R
via phone and recommended scheduled another meeting with ICAA to address concerns
and issues from both parties (Mayor Bower's office).
June 18, 2009- ICAA met with legal counsel to discuss Region 1 merger and possible
legal concerns (ICAA meeting).
June 30, 2009- ICAA presented to Y AC, proposal #2 requesting provisional status for
one year for 2009-2010 season. ICAA acknowledged advantages/disadvantages to
Region 1 consolidation. ICAA request is based upon inadequate planning and
implementation of Region 1 policies and procedures, imposed region wide drafting,
continued financial responsibility, ability to accommodate all ofNW youth. ICAA
identified need to continue partnership with other recreation clubs due to soccer and
baseball not being provided by ICAA. (ICM letter)
July 10,2009- ICAA inquired about response to proposal #2 and-requested field pennits
for Lincoln Terrace football field. ICAA invited P&R to attend ICAA
organization/community meeting on 07/11/09 at Gainsboro Library (ICM email).
July 10,2009- ICAA proposal # 2 was rejected by Y AC (4) to (0). Y AC stated
"Consolidation of recreation clubs began in 2003 and ICAA has been involved from
beginning". (Cindy McFall) informed ICAA that Region 1 received pennits for
Washington Park and ICAA will be charged to use fields when not utilized by Region
P&R declined invitation due to involvement with NSA Girls Class B Fat Pitch World
Series. (P&R email/ letter)
July 16, 2009-ICAA requested additional information regarding field rental procedures
(ICAA email)
July 18,2009- ICAA organization meeting at Gainsboro Library. Vice Mayor, Shennan
Lea listened to ICAA parents and coaches concerns~ Mr. Lea recommended that ICAA
attend City Council meeting on 07/20/09 to voice concerns to Council and community.
(ICM meeting)
W'
'.
July 20, 2009- ICAA appeared at City Council to inform council/community of current
status ofICAA and P&R regarding Region 1 consolidation. Parents, coaches, youth and
, community supporters advocated on behalf of ICAA. (Council meeting)
July 21, 2009- P&R forwarded field reservation request form (P&R email).
July 24, 2009- Interview with Roanoke Times to inform community about P&R/Y AC
upcoming plans for youth athletic sports in Roanoke City.
July 29, 2009- P&R presented letter discussing briefY AC history as self operating
organization consisting of volunteers. P &R stated the Y AC role/responsibilities as being
different from P&R and no involvement in organization structure of rec clubs or
voting/decisions regarding Region 1 consolidation. P&R stated that Y AC is in the
process of undergoing final consolidation phase within Region 1 and developing bylaws.
P&R requested limited involvement in Region 1 merger and stated that City Council
should not intervene and all concerns should be addressed before YAC (P&R letter).
July 31,2009- ICAA President received phone call from City Manager Burcham
regarding Region 1 merger and P& R decision to have limited involvement. ICAA was
redirected to Y AC to discuss further concerns. (phone call)
August 1, 2009-ICAA appeared on WTOY to address community. ICAA facilitated
organization meeting (present NAACP, SCI.,C, Rev. Holland) at 6pm at P&R.
August 3, 2008- YAGprovided response letter dated 07/31/09 to ICAA and City Council
members regarding ICAA request for one year extension. Y AC discussed history, ICAA
proposals and the benefits to Region 1 consolidation. (YAC letter-signed only by NW
President)
August 3, 2009- I CAA met attended city council meeting regarding follow-up for
Region 1 merger. ICAA addressed two priority areas (1:, equity within P&R to remain as
stand alone as other identified clubs 2: provisional status for upcoming 2009-2010 season
and neutral mediator to guide process. ICAA vice president and others discussed service
delivery and responsibility to our Roanoke city youth. City Council recommended that
ICAA met with P&R with City Manager and neutral mediator present. (City Council
m~~~ .
Aug 3, 2009- ICAA signups-
seasons,
Roanoke City youth signed up/or 2009-2010
Aug 4, 2009- ICAAsignups- _Roanoke City youth signed up/or 2009-2010 seasons
August 5, 2009- ICAA secured contract for Lucy Addison field and track for ICAA
practice. 1 st official practice day (document)
Echols. Peggy C.
From:
Sent:
To:
Subject:
Sherman. Lea@roanokeva.gov
'Sunday, August 16, 2009 5:11 PM
Echols, Peggy C.
Fw: YAC and Inner City memos
Importance:
High
Attachments:
Impacts of Recreation Club Withdrawal.pdf; Lampman Memo.doc; Trent LetteL081409.pdf
,.
I
,'~
Impacts of Lampman Trent Letter
:ecreation Club Wit.. Memo.doc (31 KB) l81409.pdf (29 KB..
Peggy print all three letter for me. Blow up to size 20 for me if possible.
Original Message
From: Darlene Burcham
Sent: 08/16/2009 04:51 PM
To: Sherman Lea
Subject: YAC and Inner City memos
(See attached file: Impacts of Recreation Club Withdrawal.pdf) (See attached
file: Lampman Memo.doc) (See attached file: Trent Letter 081409.pdf)
Call if you have questions/concerns after reading, thanks for taking the time to talk with me.
.---
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ROANOKE
OFFICE OFTHE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 364
Roanoke. Virginia 24011
540.853.2333
www.roanokeva.gov
August 14, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable M. Rupert Cutler, Council Member
Honorable Gwendolyn W. Mason, 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:
Impacts of Recreation
Club Withdrawal--."'u
In light of recent events surrounding the consolidation of several
recreation clubs, several established clubs have expressed concern for
the apparent lack of support and the reluctance to support the decision
of the Youth Athletic Council to deny the petition of Inner City Athletic
Association (ICAA) to remain a stand alone and recognized organization
,within the City's youth team sport league.
Representatives from two of four clubs (Regions) have indicated to Parks
and Recreation staff that if City Council overrides the decision of the Y AC,
their respective clubs will discontinue their membership in Y AC and will
cease to offer recreational sports. Instead, they will focus their efforts on
ompet' .
This has several financial implications for the City. The city currently
spends approximately $300,000 annually for eration of outh
ath i . .. ccou s or Ie maintenance and preparation,
assigning officials and umpires", scheduling all games, performing
background checks on all heaq'toaches, administrative staff support, and
utilities for the various fields and concession stands. Additionally, the
Department' pays for scorekeepers at every game and provides security by
off-duty Roanoke Police offjters when needed.
Assuming, all four clubs discontinue their offering of recreational sports;
this amount is likely to grow by another $100,000.00. Although the City
would begin to collect fees for youth team sports, the countless hours of
the volunteer work of each club president and respective athletic
~~
~
~
Mayor Bowers and Members of City Council
August 14, 2009
Page 2
directors would need to be replaced with increased staffing in Parks and
Recreation. There would be an increase of 4,000 registrations annually,
nearly doubling the current workload of athletic and administrative staff.
Attached is an outline of what revenues and expenditures would most
likely look like should membership in YAC cease.
The administration continues to believe that the City's role in this matter
should be limited to the activities and duties that the Parks and
Recreation staff have provided over the past 25 plus years to the Y AC
teams, and that city staff should not be involved in the details of
,recreation club governance, team development, player drafting, and
related organizational efforts that have been undertaken and
accomplished successfully by the volunteer members and organizations
comprising the Youth Athletic Council.
Should you need additional information or would like to discuss this
further, please contact me or Steve Buschor, Director of Parks and
Recreation at 853-2494.
Respectfully submitted,
Darlene L. Burc
City Manager
Attachment
c: Brian Townsend, Assistant City Manager, Community Development
Steve Buschor, Director of Parks and Recreation
')
Roanoke Parks and Recreation
Additional Incurred Costs for Youth Team Sports
EXPENSES
Personnel
- Regular Employee Salaries
Annual Cost
$84,821.00
Athletics Specialist, Pay Grade 10 $30,187.00
Administrative Assistant 111, Pay Grade 9 $27,317.00
Administrative Assistant III, Pay Grade 9 $27,317.00
- Full-Time Fringe Benefits
. FICA
Total Personnel:
$27,990,93
$6,488.81
$119,300.74
Operational
- Wearing Apparel
$1,500.00
General Apparel
- Program Activities - Athletics
Youth Football - Jersey ($2 S.OO) and Pants ($1 O.OO) - 350 Total $12,250.00
Youth Football- Helemt ($100,OO), Shoulder Pads ($65), and Pants Pads ($10.00)' $1225000
350 Total. Divided by Five-Year Life Span ' .
Youth Cheerieading . Uniform ($40,00) $14,000,00
Youth Cheerleading. Poms ($1 5.00) $5,250,00
Youth Soccer - Shirts ($10.00) and Shorts ($10.00) $19,000.00
Youth Basketball - Tank ($15.00) and Shorts ($ 1 O.OO) $23,750,00
Youth Baseball - Shirts ($18.00) and Pants ($10.00) - 750 Total $21,000.00
Youth Baseball - Batting Helmet ($25.00) - 300 Total- Divided by Five.Year Life Span 51,500.00
Youth Softball - Shirts ($18.00) and Pants ($10.00) . 180 Total $ 5,040.00
Youth Softball - Batting Helmet ($25.00) . 100 Total- Divided by Five-Year Life Span $500.00
$114.540.00
Total Operational: $116.040.00
Total Cost to Operate: I $235,340.741
REVENUES Annual Revenue
Operational
_ Program and Activity Fees $132,000.00
Youth Football - 400 Participants @ $40.00/Participant ~ $16,000.00
Youth Cheerleading .400 Participants @ $30.00/Participant ~ $12,000.00
Youth Outdoor Soocer - 1,000 Participants @ $30.00/Participant = $30,000.00
Youth Basketball - 1,000 Participants @ S30.aO/Participant = $30,000.00
Youth Baseball - 800 Participants @ $40.00/Participant = $32,000.00
Youth Softball - 300 Participants @ HO.OO/Participant - $12,000.00
Total Operational: $132,000.00
Total Revenues: $132,000.00
Net Cost to Operate: I $103,340.741
~'--
-:...
ROANOKE
'ARKS AND RECREATION
.. ".." ~i~~~~~PIOyeesICity-oCRoa
V~ ~. noke
ROANOKE 08/14/200909:41 AM
r_M~'.$ AAD Rt<:'/oI,LA1.U)!''lI
To Steven
Buschor/Employees/City_oCRoanoke@City_oCRoanoke,
Darlene
cc
bcc
Subject Inner City Numbers
Ms. Burcham,
The following is a breakdown of Inner City participants for the 2008-2009 youth football and basketball
seasons:
Football - Total Participants: 168
47 from Inner City Neighborhoods (28%)
97 from within other Region I Neighborhoods (58%)
14 from other City Regions (8%)
10 from outside the City (6%)
Basketball - Total Participants: 151
37 from Inner City Neighborhoods (25%)
88 from within other Region I Neighborhoods (57%)
22 from other City Regions (15%)
4 from outside the City (3%)
Total Participation: 319
Unique Participants: 270
If you have questions, please let me know.
Thanks. )
* * * * * * * * *
Michael Clark, CPRP, AFO I Recreation and Youth Development Superintendent
Roanoke Parks and Recreation
P: 540.853.11981 F: 540.853.12871 E: MichaeI.Clark@roanokeva.gov
www,roanokeva.gov/play
"A Nationally Accredited Agency"
August 14, 2009
Michael Clark
Recreation Superintendent
Roanoke Parks and Recreation
21 0 Reserve Avenue, SW
Roanoke, VA 24016
Michael -
I spoke to Cindy yesterday and she asked
me to follow up with you regarding the
results from the task force meeting that was
held following the Youth Athletic Council
(Y AC) meeting that was held on Tuesday
night August 11. In attendance at the task
force meeting included people who agreed
to represent their organization or region in
regards to potential merger of the Inner City
Athletic association (lCAA) into Region 1 .
Ms. Cindy McFall served as the
representative of the city of Roanoke Parks
and Recreation Department and as the
recorder of the minutes. I believe you have
a copy of the minutes and who was in
attendance. The following are my
observations from the meeting:
Throughout the meeting I continued to hear
that all the programs should be for the kids
who live in the city. Efforts have been going
on for a number of years to consolidate the
efforts of everyone by developing regions
( 4) wit hi nth e city and t hat the va r i 0 use I u b s
within those regions would work together to
combining all their resources to provide a
stronger, more efficient and better quality
program for the children in the their region.
Overseeing these committed efforts was an
organization called the Youth Athletic
Council that was initiated and developed by
the regions to oversee the programs and to
ensure everyone was able to participate ina
quality and fair program.
Overall the program (YAC) has been very
successful as everyone..had "bGught into"
the concept wit e ,/ ption.-Of the ICAA
who only wanted to support only 3 sports
and not offering a full slate of sports as the
other regions were providing. This
weakened the efforts of Region 1 in their
efforts to provide a program for everyone
on a fair equal basis as it splintered the
efforts of Region 1 and the efforts of the
YAC.
\
At the end of the meeting everyone agreed
to the following:
· ICAA agreed to stand alone as an
organ ization very si m i lar to an
organization in the city called the
Roanoke Star program.
· The YAC would not grant an extension
to ICAA this year.
'--
Even though the agreements were agreed
upon - I am not sure that is the best
solution for a number of reasons. (see
below)
· If the ICAA would merge with Region 1, I
believe it would provide additional
resources available for all the children in
the region. Transportation - fai lities-
personnel - fields, facilities and sport
of the parks and recreation depart nt
· It would level the playing field for all th
partici pants.
· It would enhance the "buying power" of
the region as well as the YAC as you
have so much more to offer the
potential sponsors, grant money that
may be available, purchasing supplies
and equipment, and the sense of
belonging tola united organization or
program with the same goals and
milestones in mind
· All sports would be offered to all the
children in Region 1 with opportunities
to play and compete with equal tryouts
using the same system that the other 3
regions in the city use.
· Everyone would have the opportunity to
play at every level.
· It would also support the efforts of
everyone in all the regions who have
been working so ha-rd,.in developing a
united recreation program for al the
chi I d re n in the city. ~ "J
Peter Lampman
President
Virginia Amateur Sports
540-343-0987
www.com m 0 nwealth g am e s. 0 rg
Linkenhoker. Julia L.
From:
Sent:
To:
Subject:
Stone, Cassandra T.
Friday, August 14, 2009 5:42 PM
Linkenhoker, Julia L
RE: Emailing: NABCJ Brochure-2009-with changes-2
It was voted on. The 3rd one (NABJ Brochure-2009 w/changes 2. pdf (851KB) is the one the
majority voted on.
Thanks Julia
The only change needed was the checks for membership should be paid to the order of
Located at bottom to the right above the Alert:
Please forward your application and check or money order to NABJ Western Virginia Area
Chapter
Attention: Sherman P. Lea, Jr.PO BOX 13894 Roanoke, VA 24038
-----Original Message-----
From: Linkenhoker, Julia L.
Sent: Tuesday, August 11, 2009 8:54 AM
To: Stone, Cassandra T.
Cc: Harris, Janice G.; s.lea@newhopesupportservices.com
Subject: Emailing: NABCJ Brochure-2009-with changes-2
Cassandra, here are 3 samples of slight differences. Let me know which you like better
and or any changes needed. Once the decision is made, make sure someone PROOF READS it.
I'll need to know how many copies you need and how soon you need them. It will take a
while to get them printed so please advise as soon as possible.
I've printed a sample of each and I can mail them to you so you can get a better idea of
how they'll look if you want me to, Please advise.
The message is ready to be sent with the following file or link attachments:
NABCJ Brochure-2009-with changes-2
Note: To protect against computer viruses, e-mail programs may prevent sending or
receiving certain types of file attachments. Check your e-mail security settings to
determine how attachments are handled.
1
~
1Itir.
ROANOKE
PARKS AND RECREATION
210 Reserve Avenue, SW
Roanoke, Virginia 24016
540.853.2236 fax: 540.853.1287
www.roanokegov.com/play
12 August 2009
Kiann Trent, President
Inner City Athletic Association
Dear Ms. Trent,
We appreciate your attendance at last night's Youth Athletic Council
(YAC) meeting. Upon hearing your case for remaining a stand alone
recreation club coupled with the discussion of the meeting immediately
following and the recommendation of the facilitator, Pete Lampman, this'
letter is to inform you that the YAC has voted again to deny your petition
to be recognized within the City recreation league as a stand alone
organization.
As mentioned before, if ICM should continue to offer youth team sport
opportunities, please understand that your organization will take on
many responsibilities that are handled by Parks and Recreation for
regional recreation clubs, These responsibilities include scheduling
games and practices, securing and paying officials, and requesting and
paying for facilities for games and practices. Field usage requests will be
considered in accordance with departmental policies. The priority for
field and facility usage is City of Roanoke Parks and Recreation youth
programs, Youth Athletic Council programs, Roanoke City school
programs. City of Roanoke Parks and Recreation adult programs and
finally, all other stand alone clubs.
In closing, thank you, again, for attendance last evening and your
organizations past service to the City's youth athletic program. If you
have any further questions or concerns, please contact me at 540-853-
2236 or steven.buschor@aol.com
Sincerely,
Steven C. Buschor
Director
Cc: Darlene BurchamJ City Manager
Michael Clark, Superintendent of Recreation
"
, \,
City of Roanoke Recreation Club Consolidation/Redistricting
Brief History of Consolidation
July - September 2003
Jim Farmer and Mark Moore met with representatives from each of the 14
recreation clubs to hear individual club concerns and better understand
the issues faced in the community. Concerns brought up in these
meetings included the following:
a. stop recruiting of players
b. kids need to play where they live
c. fees should be consistent throughout the city
d. a lot of kids are being left out
e. need marketing
f. should have four clubs only - one for each section of the city
g. define what a city recreation club should consist of
h. Parks and Recreation needs to take leadership and get more
involved with the recreation clubs
i. need to connect with the schools: high school coaches doing
clinics, grades
j. need background checks on coaches
k. various suggestions as to which clubs should merge
I. need more and better coaches
m. balance teams through "drafting procedures"
n. some clubs are weaker than others so all kids don't have the same
opportunities
o. all sports should be offered in all regions
November 18, 2003
Draft of the Background Screening Policy was presented and discussed in
depth at YAC meeting.
December 9, 2003
Printed map showing the city divided into 4 main sections was revealed at
the YAC meeting.
January 13, 2004
The final Four Region Boundary Map was presented to YAC and approved.
January 23, 2004
Region I Recreation Club, Alstar Boundary Board One, scheduled to meet
to begin merger.
February 10, 2004
Reported at the YAC Meeting that the Region I meeting scheduled for
January 23, 2004 was cancelled due to snow.
"Drafting Procedures" developed by Parks and Recreation staff were
presented to Y AC.
Many details are still to be determined but the following decisions have
been made by The Youth Athletic Council and The City of Roanoke Parks
and Recreation Department:
a. The current 14 recreation club system will be reconstructed as 4
independent clubs serving each of their respective 4 sections of the
city.
b. Region I, encompassing the northwest section of the city, will be
served by a new recreation club. Current members (7) located in
this area include: High Street, Inner City, Northwest, Pilgrim,
Roanoke Catholic, Wilmont, YMCA.
c. Region II, encompassing the northeast section of the city, will
continue being served by the only club located in this area -
Williamson Road.
d. Region III, encompassing the southeast section of the city, will be
served by a new recreation club. Current members (3) located in
this area include: Garden City, Knights of Columbus, and
Southeast.
e. Region IV, encompassing the southwest section of the city, will be
served by a new recreation club. Current members (3) located in
the area include: GSSA, Heights, and Southwest.
Fall 2005
Garden City, Knights of Columbus, and Southeast merged to form the
new recreation club, South City.
September 25, 2006
Jim Deyerle announced a merger between the Southwest Athletic
Association and the Heights Club at this YAC meeting. The new club will
be called the Greater Southwest Athletics or GSA.
October 27, 2008
Following the transition of City of Roanoke Parks and Recreation Athletic
staff, a Region I consolidation meeting was held at the Parks and
Recreation Office. Representatives from Wilmont (Sandy Bond), Northwest
(Clay Dawson), YMCA (Michael Smith) and Inner City (Hendrich Fortune)
Recreation Clubs were present. The meeting attendees discussed the
events that happened in the past that have lead to this consolidation. A
Summary Letter from 2004 was also presented.
November 10, 2008
A second Region I consolidation meeting was held with representation
from the YMCA (Michael Smith), Wilmont (Sandy Bond) and Northwest
(Clay Dawson) Recreation Clubs. Those present discussed inviting
representatives from High Street, Pilgrim Baptist and Roanoke Catholic
since these clubs were listed as a part of Region I. A statement outlining
the benefits of consolidation was also requested of the Parks and
Recreation staff. They also requested a letter of endorsement from Steve
Buschor, Director of Parks and Recreation.
December 15, 2008
A third Region I consolidation meeting was held. Michael Clark,
Recreation Superintendent, was present to further clarify the City's
position on consolidation. A Benefits of Consolidation Statement (listed
below) was presented. It was decided that a certified letter would be sent
to those clubs within Region I not in attendance to invite them to
participate.
January 26, 2009
A fourth Region I consolidation meeting was held with representation
from the YMCA (Michael Smith), Wilmont (Sandy Bond), Northwest (Clay
Dawson), Inner City Uerome Stephens), High St. Baptist (Duke Curtis),
Pilgrim Baptist (Theo Taylor) and Roanoke Catholic (Stephen Niamke)
Recreation Clubs. Copies of past meeting minutes, the Benefits of
Consolidation Statement, and the Summary Letter from 2004 were
presented. These documents were discussed. A main concern from,
Pilgrim Baptist, High St. Baptist and Roanoke Catholic was whether or not
members that did not live in the City were eligible to play. It was decided
that a meeting with these clubs, the YMCA, the Athletic Coordinator and
the Recreation Superintendent would be held to discuss residency.
Michael Smith with the YMCA agreed to organize the next consolidation
meeting after the meeting about membership was held.
February 12, 2009
A meeting was held concerning non.city resident members of the YMCA,
Pilgrim Baptist, High Street Baptist and Roanoke Catholic participating in
city team athletics. Duke Curtis telephoned before the meeting and said
his church declined to participate at this time. Michael Smith, Stephen
Niamke, Geraldine Reid, Cindy McFall, Nat Franklin and Michael Clark
were present. The subject of residency was held and due to the level of
subsidy these programs receive and the fact that other localities offer
similar programs, it has been determined that all participants of youth
team sports in the City of Roanoke will be required to be city residents.
(See residency reasoning below) Those present requested a statement
addressing the consolidation history, the benefits of consolidation and
redistricting, the reasoning for residency and the desired outcome.
February 23, 2009
A statement addressing the consolidation history, the benefits of
consolidation and redistricting, the reasoning for residency and the
desired outcome was sent to the representatives from Roanoke Catholic,
the YMCA and Pilgrim Baptist.
Benefits of Consolidation and Redistricting
a. The recreation clubs will have a larger pool of participants and
coaches leading to the opportunity to have teams in all sports.
b. The recreation club will have a larger pool of active volunteers.
c. Recruiting of players, cutting players and coaches jumping
recreation clubs will be eliminated.
d. There will be more balance in skill level on teams through drafting
procedures. '
e. Facilitate stronger recreation club by bringing boards together and
eliminating duplication of job responsibilities, expenses and
insurance policies.
f. Simplified and more consistent connection with City resources -
marketing, sponsors, grants, and purchasing power.
g. Improved communication with customers - registration dates,
locations and fees.
h. Improve coaches and parent accountability through city-wide
trainings.
i. Unified philosophy and structure of recreation clubs.
j. Improved connection with schools - tutors, checking report cards,
utilizing school coaches.
k. Unified effort will allow more youth to be reached and greater
opportunities available to them.
I. Unified philosophy and structure for the operation of all Recreation
clubs.
Residency Reasoning
The Recreation Division subsidizes youth team sports by approximately
$115,000.00 annually just in direct expenses. Once full-time salaries are
added in, this subsidy jumps another $100,000.00. What is more, this
figure doesn't take into account marketing, office supplies, or any work
performed by the Administrative Division staff. In all, it is estimated that
the Division spends close to $300,000.00 on youth team sports annually.
Team sports include football, soccer, cheerleading, basketball, baseball,
and softball. Each club establishes fees and takes registration. They use
the registration fees to provide equipment and uniforms and then place
the children on teams. These clubs are also responsible for securing
volunteer coaches. The Division runs background screenings on all the
coaches, schedules games and practices, and ensures that staff, security
and officials are at all games. The Division collects no money for these
services.
Given this incredibly large subsidy, a residency restriction will be
enforced for these programs. Roanoke County, Salem, and Botetourt
County already enforce this rule. Each of those localities offers
comparable youth team sport programs along with a scholarship program
and there is no reason why these children can't participate in their
respective programs.
Desired Outcome
It is the desire of the Youth Athletic Council and City Leadership to
develop a unified philosophy and structure for the operation of four city
recreation clubs. With improved organizational structure and planning,
every youth in our city will be targeted with the opportunity for a fun and
safe experience in recreational sports with properly trained coaches as
their role models. The completion of this consolidation and redistricting
will facilitate the elimination of player recruitment, team stacking, and
entire teams jumping recreation clubs. It will allow youth athletics to
move forward to develop and implement standard drafting procedures to
ensure fair play and balanced teams across each region, regulate
standard registration fees allowing more youth to participate, and
produce larger pools of players and coaches allowing youth to participate
in all sports as opposed to a select one or two. Under the new structure,
city government will be able to leverage its resources in the areas of
marketing, sponsorships, grants, and purchasing power to further
strengthen the community recreation clubs.
Submitted by Cindy McFall, Athletic Coordinator
2/20/2009
Updated by Cindy McFall, Athletic Coordinator
3/06/2009