HomeMy WebLinkAboutCouncil Actions 11-02-09
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38635-110209
ROANOKE CITY COUNCIL
REGULAR SESSION
NOVEMBER 2,2009
9:00 A.M.
EOC CONFERENCE ROOM
ROOM 159
AGENDA
Call to Order -- Roll Call {Mayor Present}
Meeting was recessed due to a lack of a quorum.
At 9:24 am meeting was reconvened.
Call to Order -- Roll Call {Council Member Mason was absent.}
A communication from Mayor David A. Bowers requesting that Council convene in a
Closed Meeting to discuss vacancies on certain authorities, boards, commissions and
committees appointed by Council; and interviews of applicants to fill vacancies on
Architectural Review Board, pursuant to Section 2.2-3711 (A}(1), Code of Virginia (1950),
as amended. (6-0 as amended removing Architectural Review Board interviews in
closed meeting.)
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 an 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. (6-0)
1
A communication from the City Manager requesting that Council convene in a Closed
Meeting to discuss the award of a public contract involving the expenditure of public funds
and 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. Withdrawn
,
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
AGENDA. (5 MINUTES) None
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL.
(5 MINUTES) None
BRI EFI NGS:
. Washington Park Pool
. Arts and Cultural District
. Stormwater Utility
See Notification following 2:00 p.m. session
. Mill Mountain Easement Discussion
. National Guard Armory Status
30 minutes
20 minutes
60 minutes
20 minutes
20 minutes
RECESSED AT 11 :00 A.M~, FOR LEGISLATIVE COMMITTEE MEETING; FOLLOWED
BY CITY COUNCIL PERSONNEL COMMITTEE MEETING AT 12:00 NOON.
THE COUNCIL MEETING DECLARED IN RECESS TO BE RECONVENED AT 2:00 P.M.,
IN THECOUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING.
2
ROANOKE CITY COUNCIL
REGULAR SESSION
NOVEMBER 2,2009
2:00 P~M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. {Council Member Mason was
absent.}
The Invocation was delivered by The Reverend Gary L. Robbins, Pastor,
Greene Memorial 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, November 5 at 7:00 p.m., and Saturday, November 7 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.
3
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.CLlCK ON THE SERVICE ICON,
CLICK 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:
Recognition of Antoinette Hale, local artist.
The Mayor .recognized Antoinette Hale and presented her with a City Gift. A
slide depicting two pieces of Ms. Hale's art was shown.
Proclamation declaring the week of November 13 - 22,2009 as National Opera
Week. Presented ceremonial copies to Roger Dalton, Board President, and
Jan Smyth, Development Director, Opera Roanoke.
4
Proclamation declaring Wednesday, November 11,2009 as VeteraQs Day 2009.
Presented ceremonial copies to Dr. Reverdy E. Wright, President, and The
Reverend Otis L. Burgher, Fincastle Resolutions Chapter, Sons of the
American Revolution.
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 persons registered to speak before the Council:
Dan Hale, Jr.
Larry Howell
Robert Gravely
Evelyn Bethel
Helen Davis
4. CONSENT AGENDA
(6-0)
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, August 3,2009.
RECOMMENDED ACTION:
Dispensed with the reading of the minutes
and approved as recorded.
C-2 A communication from the City Manager requesting that Council schedule a
public hearing for Monday, November 16, 2009 at 7:00 p.m., or as soon thereafter
as the matter may be heard, to consider renewal for lease of space in the City
Market Building to Min Shao t/a Hong Kong Restaurant, on a month to month basis,
not to exceed 12 months.
RECOMMENDED ACTION:
Concurred in the request.
5
C-3 A communication from Tim Steller, Executive Director, Blue Ridge
Behavioral Healthcare, requesting that Council ratify the reappointment of
Daniel E. Karnes, as an at-large representative of the Board of Directors,
commencing January 1, 2010 and ending December 31, 2012.
RECOMMENDED ACTION:
Concurred in the request.
C-4 A communication from the City Clerk advising of the resignation of
George F . Taylor as the citizen representative of the City of Roanoke Pension
Plan Board of Trustees, effective immediately.
RECOMMENDED ACTION:
Accepted the resignation and received and
filed the communication.
C-5 Report of qualification of Mark Futrell as a member of the City Planning
Commission to fill the unexpired term of Richard A. Rife ending December 31,
2012.
RECOMMENDED ACTION:
Received and filed.
/
REGULAR AGENDA
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS:
a.. Presentation regarding severity of premature births in Southwest Virginia.
Dr. Manuel Peregino, March of Dimes Greater Blue Division Community
Board Member and Chair of the Program Services Committee. (Sponsored by
the City Manager) Ceremonial copy of the proclamation presented to
Dr. Peregino for Prematurity Awareness Day.
b. A request of the Historical Society of Western Virginia for support of the
Virginia Sesquicentennial of the American Civil War Commission to promote
the commemorative events for the 150th Anniversary of Virginia's
participation in the American Civil War. Jeanne M. Bollendorf, Executive
Director. (Sponsored by the City Manager) Defeated 3-3, Council Member
Price and Rosen and Vice-Mayor Lea voting no.)
7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY
MANAGER:
6
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance of the Energy Efficient and Conservation Block Grant
Program funds from the United States Department of Energy; and
appropriation of funds.
Adopted Resolution No. 38635-110209 and Budget Ordinance
No. 38636-110209. (6-0)
2. Execution of the 2009-2010 CDBG Subgrant Agreement with Total
Action Against Poverty in the Roanoke Valley, Inc., to conduct
housing activities for Fiscal Year 2009-2010.
Adopted Resolution No. 38637-110209. (5-0) (Rosen Abstained)
3. Execution of Amendment NO.1 to the FY 2009 CDBG/HOME-funded
Agreement with Habitat for Humanity in the Roanoke Valley, Inc.
Adopted Resolution No. 38638-110209. (6-0)
4. Acceptance of easements from Norfolk Southern and Virginia Scrap
Iron and Metal Company, Inc., in connection with the Roanoke River
Flood Reduction Project.
Adopted Ordinance No. 38639-110209. (6-0)
COMMENTS BY CITY MANAGER.
Diversity conference was held and there were 290 attendees with
registration having to be cutoff.
There has been an agreement with Meadowbrook on a 6 month
extension for $75,000 for the management of Countryside Golf
Course.
b. CITY ATTORNEY:
1. Amendment of the City Code pertaining to regulation of teenage
dance halls.
Adopted Ordinance No. 38640-110209. (6-0)
8. REPORTS OF COMMITTEES: NONE.
9. UNFINISHED BUSINESS: NONE.
7
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS: NONE.
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
Council Member Rosen recommended the use of the parking lot area of
Williamson Road and Church Avenue.
Mayor Bowers encouraged city leaders to work with the stakeholders in
the Market Building regarding any relocation necessary during
remodeling.
Dr. Cutler, reporting as the Vice-Chairman of the Personnel Committee,
gave an update on the search for a new city manager.
Mayor Bowers congratulated staff on the wonderful job they did on the
VML conference.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
RECESSED FOR CLOSED MEETING. ARB INTERVIEWS HELD AT 4:00 P.M., IN
THE COUNCIL CHAMBER.
CONTINUATION OF BRIEFINGS AND CLOSED MEETING IN COUNCIL'S
CONFERENCE ROOM.
. STORMWATER UTILITY - PUBLIC HEARING SCHEDULED FOR
JANUARY 19, 2010.
. ARCHITECTURAL REVIEW BOARD INTERVIEWS CONDUCTED IN OPEN
SESSION.
CERTIFICATION OF CLOSED MEETING. (5-0, COUNCIL MEMBER TRINKLE
LEFT DURING THE CLOSED MEETING. )
· AARON M. COPELAND WAS APPOINTED TO REPLACE ANN BECKETT ON.
THE ARCHITECTURAL REVIEW BOARD FOR A TERM COMMENCING
NOVEMBER 2, 2009 AND ENDING OCTOBER 1, 2013; ALISON BLANTON
WAS RE-APPOINTED AS A MEMBER OF THE ARCHITECTURAL REVIEW
BOARD FOR A FOUR YEAR TERM ENDING OCTOBER 1, 2013.
· LINWOOD "WOODY" DEANS WAS APPOINTED TO REPLACE JOHN COOK
AS A MEMBER OF THE ROANOKE CIVIC CENTER COMMISSION
COMMENCING NOVEMBER 2, 2009 AND ENDING SEPTEMBER 30, 2012.
8
. CITY ATTORNEY WAS INSTRUCTED TO PREPARE THE PROPER
MEASURE APPOINTING BRIAN REDD TO REPLACE CHRIS BERRY AS A
DIRECTOR OF ECONOMIC DEVELOPMENT AUTHORITY COMMENCING
NOVEMBER 11, 2009 AND ENDING OCTOBER 20,2013.
. APPOINTED RODNEY SAUNDERS TO REPLACE SHERMAN
BURROUGHS, IV, FOR A TERM ENDING MAY 31,2012; AND MARC DAVIS
TO FILL THE UNEXPIRED TERM OF JASON MOORE ENDING MAY31, 2010,
AS MEMBERS OF THE FAIR HOUSING BOARD.
COUNCIL MEETING DECLARED IN RECESS UNTIL THURSDAY, NOVEMBER 5,
2009, AT 10:00 A.M., AT THE VINTON WAR MEMORIAL, 614 EAST
WASHINGTON AVENUE, VINTON, VIRGINIA, FOR A JOINT MEETING OF
COUNCIL, ROANOKE COUNTY BOARD OF SUPERVISORS, AND WESTERN
VIRGINIA WATER AUTHORITY TO AUTHORIZE FRANKLIN COUNTY BOARD
OF SUPERVISORS BECOMING A MEMBER OF THE WESTERN VIRGINIA
WATER AUTHORITY.
9
I CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AV~NUE, S.w., SUITE 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
. FAX: (540) 853-1145
DAVID A. BOWERS
Mayor
November 2, 2009
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is to request a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council; and interviews of applicants to fill
vacancies on Architectural Review Board, pursuant to Section 2.2-3711 (A)(1), Code of
Virginia (1950), as amended.
Sincerely,
~~
David A. Bowers
Mayor
DAB:ctw
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
November 2,2009
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 S2.2-3711.A.3, Code of Virginia
(1950), as amended.
Darlene L. Burc
City Manager
DLB/lsc
cc: 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
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Dear Mayor Bowers and Council Members:
November 2, 2009
Subject: Request for closed meeting
\,JI \-k ~flG-wrJ
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 S Sec. 2.2-3711.A.29, of the Code of Virginia
(1950), as amended.
D LB/lsc
c: William M. Hackworth, City Attorney
Ann Shawver, Director of Finance
Stephanie M. Moon, City Clerk
Respectfully submitted,
Darlene L. Burc
City Manager
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FY 2010 Arts & Cultural
Organization Support
General Fund Support - Arts Commission
Real Estate Exemptions
Ca ital Su ort
Total
$ 285,000
$ 501 ,000
~
$1,802,000
$501,000 is the difference in computed real estate tax and the service charge in lieu of taxes.
· Capital support is for Mill Mountain Zoo, Historical Society, Center in the Square, Science
Museum, Harrison Museum and debt service on contribution to the Taubman Museum.
Per Capita Support Comparisons
Harrisonburg
Charlottesville
Roanoke
$ 0.79
$ 6.56
$19.51
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Progress Update
· Summary of Stormwater Challenges
· Proposed Program
· Proposed Rate Structure
· Proposed Credits & Exemptions
· Feedback from Community Meetings
· Public Education
· Billing Options
· Ordinance Development
· Do Nothing Considerations
· Summary
· Decisions
City of Roanoke - Engineering Division
Stormwater Challenges
d
· Roanoke's storm drain system is aging and has numerous
maintenance and capital improvement needs
· No major storm drain ir:nprovement projects have been undertak
more.than a generation
· Roanoke has 13 major rivers and strearlls and 9 of these are Ii
impaired for water quality by DEQ .
· Water quality standards are becoming more stringent with ne\
enhanced regulations expected in 2010
· Nearly 200 projects have been identified at a cost of $60M
City of Roanoke - Engineering Division
Proposed 5-VrProgram Overview
.
Capital Improvements - avg. $3M per. year
- $2.8M per year in construction
- $120,000 per year in staff/consulting support
Operations & Maintenance - avg. $350,000 per year
- System inspection & cleaning - $500,000 over 18 months
- New crew in year 2 - $200,000 annually (includes operating bud~
equipment)
- 50/0 Maintenance set-aside - $140,000 per year
Regulation and Enforcement - avg. $145,000 per year
- VPDES compliance & Development inspection staff
Utility Billing & Management - $142,000 per year
~ Program Administration, Billing, and Customer Service costs
.
.
.
· Total Annual Program - $3.6M
City of Roanoke - Engineering Division
Rate Structure.
· Fee based ~n a property's impervious surface as measured u~
aerial photography
· The billing unit will be the median impervious area on single famil
1,920 sf or 1 Equivalent Residential Unit (ERU)
· Single family residential parcels will be charged one ERU
· Non-single family residential parcels will be charged based:: on th~
measured impervious area per parcel divided by 1 ,920 sf
- A commercial property with 19,000 sf of impervious surface would bE
19,000/1920 = 9.9 rounded to 10 ERUs
· Based on current program and preliminary GIS work, rate will be
ERU per month
City of Roanoke - Engineering Division
rypical ERU's
· Typical Resi
· 1,810SF
· 1 ERU
· $3.00 per m~
· Typical Non-Residential
· 22 ERUs
· $66.00 per month
City of Roanoke - Engineering Division
Proposed Credits
· State code requires credits
· Credits available for up to 500/0 of fee
· Up to 250/0 for properly maintained and'functioning. exi
stormwater management facilities
· 10% Credit for current VPDES Permit holders
· Investment in voluntary retrofit upgrades meeting curr
regulations provides double credits
· Credits for treating offsite impervious surface
City of Roanoke - Engineering Division
_ _ _u__
/
Proposed Exem ptions
As required by VA law:
· Public Streets maintained by the City or State
· City owned property
· City Schools
· Unimproved parcels
· Federal, state and local governmentagencies that ow
maintain storm drain systems not draining to the City ~
system
City of Roanoke - Engineerin/g Division
y--- ---- - -
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Community Meetings
· Neighborhood Associations
- 28 Neighborhood Associations
· Business Associations
- DRI, Chamber of Commerce, Roanoke Homebuilders, \
Grandin Village Business Association, Airport Commiss
· Additional meetings
- Top 25 rate payers
- . Valley View Mall . ~
- .. Carilion
- Norfolk Southern
Minister's Association
- Hotel Association
City of Roanoke - Engineering Division
--~-- -.--- ----~
/
Comments we've heard
· $3M/year will take too long to take care of $60M needs list.
· Why a new fee? Why not finance these projects with bond'
instead of doing other bond-funded projects like the amphitt
City can't incur additional bonded debt for years to come.
· The av.erage home-owner can't take on any more taxes or fi
recession.
· Instead of calling it a fee, it needs to be called a tax so that
considered as a tax deduction.
· If property owners qualify for stormwater utility credits, will tl
able to FOIA this information to see who is getting these cre
· If property owners apply for credits, will there be a timely re'
extensive wait?
· What is the potential for rates to continue to ri$e?
· If two-thirds of the program revenue will be paid by cammer
other nonresidential properties, those costs will simply be P4
to the consumers (i.e. residents).
City of Roanoke - Engineering Division
Comments we've heard
· Are gravel parking.lots considered pervious? This program
discourage paving those lots.
· The program should be, as discussed, accomplished withoL
addition of any additional employees or consultant expense
· If credits are given for retrofit or extraordinary measures, th.
be a method for timely, rapid evaluation and award.
· Churches, non-profits and businesses with extremely large
should be afforded an opportunity to phase this expense ov
years.
· The City should adopt codes and building standards that de
efficient storm water management and runoff reduction. Let
to ask future generations to pay for our timidity, or laziness
· In other Virginia cities that have a storm water utility fee, do
exclusions for charitable agencies?
City of Roanoke - Engineering Division
Public Education
,.
· Informational Meetings/Speaker's Bureau
· RVTV spot -
· Website ready
· Media coordination
City of Roanoke - Engineering Division
Billing Options
· Western Virginia Water Authority
- Requires either address matching to metered accounts
tenants) or creation of significant new accounts to bill 0\
· City of Roanoke Real Estate Tax Bills
- Minimal cost to add parcel based fee
- Bi-annual billing
- Ability to accept monthly payments
· City Wide Accounts Receivable Bills
- Would allow billing on non-residential parcels monthly
City of Roanoke - Engineering Division
Ordinance Development
City of Roanoke - Engineering Division
- ----- -
:. " . "
Do Nothing Option
· Continuing growth of storm drain capital proj~
needs
· Deferred maintenance increases cost of repc
· Annual budget impact in operating and capite
budgets
· Non-compliance with permit requirements ca
in substantial fines and consent decrees
City of Roanoke - Engineering Division
fLiffj;{&1j;':{t::ii",:~?S"e~Z'.'?:"*;S,'t"~~'!.;I!F~;.J.;l"
Decisions
· Confirm Billing Option
· Confirm Effective date of Ordinance
· Authorize Public Hearing - December 21, 20
\
City of Roanoke - Engineering Division
NOTICE:
DUE TO ITS LARGE SIZE, THE MILL
MOUNTAIN PARK MANAGEMENT
PLAN IS
ON FILE IN THE CITY CLERK'S
OFFICE.
ROANOKE CITY COUNCIL
PERSONNEL COMMITTEE
NOVEMBER 2, 2009
1 2 :00 NOON
EOC CONFERENCE ROOM
ROOM 1 59
AGENDA
1 . Call to Order--RolI Call. All Present.
2. Statement of Purpose. Chairman Mason.
3. Recess.
Convened in Closed Meeting.
Reconvened at 1 :09 p.m.
CERTIFICATION OF CLOSED MEETING. (7-0)
4. Adjourn -1 :09 p.m.
L:\CLERK\DA T A \CKSM 1 \Agenda.09\Personnel Committee Third Action Agenda.doc
DAVID A. BOWERS
Mayor
CITY OF ROANO,KE
CITY COUNCIL
215 Church Avenue, S.w.
. Noel C. Taylor Municipal Building, Suite 456
Roanoke, Virginia 240 I I - I 536
Telephone: (540) 853-2541
Fax: (540) 853-1145
October 29,2009
The Honorable Vice-Chair and Members
of the Roanoke City Council Personnel Committee
Roanoke, Virginia
Dear Vice-Chair Cutler and Members of Council:
Council Members
M. Rupert Cutler
Sherman P. Lea
Gwen W. Mason
Anita J. Price
Court G. Rosen
David B. Trinkle
Pursuant to Section 10, Meetings of Council Generally, of the Charter of the City
of Roanoke, I am calling a special meeting of the Council (Personnel Committee)
on Monday, November 2, 2009 at 12:00 noon in the EOC Conference Room, first
floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., to convene
in a Closed Meeting to discuss a personnel matter, for a briefing on applicants for
City, Manager position, pursuant to 'Section2.2.3711{A){1), Code of Virginia
(1950), as amended.
GWM:SMM:jec
~
Pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann Shawver, Director of Finance
Stephanie M. Moon, City Clerk
Troy A. Harmon, Municipal Auditor
Office of the Mayor
CITY OF
WHEREAS, Opera Roanoke, a professional opera company located in Roanoke,
Virginia, that provides high-quality operatic productions began its 34th season on
October 17, 2009, with an all-Wagner gala concert, Wagner in the Valley: An
Introduction to the Ring and Beyond; and
WHEREAS, Opera Roanoke Artistic Director Maestro Steven White is an
internationally renowned opera conductor; Opera Roanoke is a member of OPERA
America, a national organization dedicated to supporting the creation, presentation
and enjoyment of opera; and
WHEREAS, the stated purposes of National Opera Week includes celebrating the
vitality of opera in America as a contemporary cultural expression, communicating
the appeal of opera and its ability to inspire audiences from all backgrounds,
reinforcing the awareness and appreciation of opera companies as providers of a
wide variety of community services, and creating a positive context for increased
philanthropic support of opera creation, production and enjoyment; and
NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia,
encourage local governmental entities to declare their own Opera Week in support of
this national initiative, and do hereby proclaim November 13 - 22, 2009, throughout
this great All-America City, as
NA TIONAL OPERA WEEK
Given under our hands and the Seal of the City of Roanoke this second day of
November in the year of two thousand and nine. .
ATTEST:
~ hl. YvloOtv
Stephanie M. X(QQn
City Clerk
~~
David A. Bowers
Mayor
Office of the Mayor
CITY OF
WHEREAS, on November 11,1921, an unknown World War I American soldier
was buried in Arlington National Cemetery; this site, on the
hillside overlooking the Potomac River and the City of
Washington, D. c., became the focal point for reverence for
America's veterans; and
WHEREAS, similar ceremonies occurred earlier in England and France, all
on November 11, giving universal recognition to the celebrated
ending of World War I fighting at 11:00 a.m., November 11, 1918
(the 11th hour of the 11th day of the 11th month); this day became
known as "Armistice Day" and was later proclaimed as Veterans
Day after World War II and the Korean Conflict; and
WHEREAS, millions of American men and women have answered the call to
duty in defending the hard-won freedoms we enjoy today;
November 11, Veterans Day, is the occasion on which we
remember, recognize and honor the unselfish service in all wars
and military actions of our veterans.
NOlv, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke,
Virginia, urge all citizens to join in recognition and honor of the commitment of
all Veterans through appropriate public ceremonies and, do hereby proclaim
Wednesday, November 11, 2009, throughout this great All-America City, as
VETERANS DAY 2009.
Given under our hands and the Seal of the City of Roanoke this second day of
November in the year two thousand and nine.
ArrEST:
~~r:l~
City Clerk
David A. Bowers
Mayor
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
November 2, 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: Schedule a Public Hearing to
Renew Lease for Hong Kong
Restaurant in City Market
Building
Background:
Min Shao t/a Hong Kong Restaurant, has leased approximately 748 square feet
of space in the City Market Building at 32 Market Square, Roanoke, Virginia
24011, on a month to month basis for the past year to operate a Chinese
restaurant business in the Market Building. The lease under which Mr. Shao
currently operates is expiring. Mr. Shao has expressed a desire to continue
leasing this space on a month to month lease not to exceed twelve (12) months.
A public hearing is required to consider this lease term.
Recommended Action:
Authorize the scheduling and advertising of this matter for a public hearing on
November 16, 2009, at 7:00 pm.
Respectfully submitted,
Darlene L. Burcham
City Manager
Honorable Mayor and Members of City Council
November 2, 2009
Page 2
DLB/c1t
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
Cassandra L. Turner, Economic Development Specialist
Joshua Mabrey, Accountant/Accounts Receivable
CM09-00 1 96
J
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
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
November 5, 2009
Tim Steller
Executive Director
Bule Ridge Behavioral
Healthcare
301 Elm Avenue, S. W.
Roanoke, Virginia
Dear Mr. Steller:
Your communication recommending concurrence in the reappointment of Daniel E. Karnes
as an at-large member of the Blue Ridge Behavioral Healthcare Board of Directors for a
second term commencing January 1,2010 and ending December 31,2012, was before the
Council of the City of Roanoke at a regular meeting which was held on Monday,
November 2,2009.
On motion, duly seconded and adopted, Council concurred in the reappointment of Mr.
Karnes as above referenced. The Members of Roanoke City Council extend their
appreciation to Mr. Karnes for his willingness to continue to serve as a member of the Blue
Ridge Behavioral Healthcare Board of Directors.
Sincerely,
~m.~
Stephanie M. Moon, CMC
City Clerk
L:\CLERK\DAT A \CKEWl \oath and leaving service\Blue Ridge Behavioral Healthcare\Daniel E Karnes reappt 12-31-12.doc
Tim Steller
November 5,2009
Page 2
pc: Daniel E. Karnes, 3422 Windsor Road, S. W., Roanoke, Virginia 24018
Becky R. Meador, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800,
Roanoke, Virginia 24018-0798
Krystal Coleman, Deputy Clerk of Council, Salem City Council, P. O. Box 869,
Salem, Virginia 24153
Darleen R. Bailey, Clerk, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia
24179
Gerald A. Burgess, County Administrator, Botetourt County, 1 West Main Street,
Box 1, Fincastle, Virginia 24090
Richard C. Flora, County Administrator, Craig County, P. O. Box 308, New Castle,
Virginia 24127
L:\CLERK\DAT A \CKEWl \oath and leaving service\Blue Ridge Behavioral Healthcare\Daniel E Karnes reappt 12-31-12.doc
'..
Blue Ridge
Behavioral
Healthcare
Daniel R. O'Donnell Chairman
Daniel E. Karnes Vice Chairman
Bruce N. Thomasson Treasurer
Dana Barnes Lee Secretary
Executive Director
Tim Steller
October 2, 2009
Ms. Darlene L. Burcham
City Manager
City of Roanoke
215 Church Avenue, SW, Room 364
Roanoke,VA 24011
Dear Ms. Burcham:
According to our records, the first term of Mr. Daniel E. Karnes as an at-large
representative on the Blue Ridge Behavioral Healthcare Board of Directors will expire on
December 31, 2009. According to Title 37.2 of the Code of Virginia, the Board nominates
at-large representatives, and the participating governing bodies ratify those appointments.
At its regularly scheduled meeting on October 1, 2009, our Board voted unanimously to
ask Mr. Karnes to serve a second term, for which he is eligible. The incumbent has a long
and impreSSive record of public service, and is well respected among his fellow board
members. Currently he serves as the Vice Chairman of the Blue Ridge Board of Directors,
and is eligible to hold that office for another year if reappointed.
We respectfully request that Roanoke City Council ratify the reappointment of Dan Karnes
for his second term, to run from January 1, 2010 through December 31, 2012.
Our request is being sent concurrently to administrators in all four of the CSB's other
member local governing bodies for their ratification as well.
Sincerely,
OIL
Tim Steller
Executive Director
C:
The Honorable David A. Bowers, Mayor
~ephanie M. Moon, CMC, City Clerk
Dan Karnes
Executive Offices 301 Elm Avenue SW Roano~]~p~:!31(tW.ro:a45-9841 Fax (540) 345-6891
The Community Services Board serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke
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
JONATHAN E. CRAFT
Deputy City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
November 6, 2009
Mr. George F. Taylor
2318 Rosalind Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Taylor:
Your communication tendering your resignation as member of the Board of Trustees,
City of Roanoke Pension Plan, was before the Council of the City of Roanoke at a
regular meeting held on Monday, November 2,2009.
The Members of City Council requested that I express sincere appreciation for your
service to the City of Roanoke as a member of the Board of Trustees, City of
Roanoke Pension Plan from June 20, 2005 until November 2, 2009. Please find
enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke
Valley in recognition of your years of service.
Sincerely,
~hr>.h-bow
Stephanie M. Moon, CMC C
City Clerk
SMM:ew
Enclosure
pc:' Ann H. Shawver, Secretary, Board of Trustees, City of Roanoke Pension Plan
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk ,
November 2,2009
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
This is to advise that George F. Taylor has tendered his resignation as a citizen
representative of the City of Roanoke Pension Plan Board of Trustees, effective
immediately.
Sincerely,
~rn.~
Stephanie M. Moon, CMC
City Clerk
CITY CLERK 'fj9 NOV 02 PM01:12
October 15, 2009
Mr. Harold Harless
Retirement Plan Administrator
City of Roanoke
Noel C. Taylor Municipal Building
2]5 Church Avenue SW
Roanoke, VA 24011
Dear Harold:
I hope you are well.
As previously discussed, I have moved my residence to Franklin County effective
October 15,2009.
I am writing to resign from the Board of Trustees of the Roanoke City Pension Plan,
effective today, October 15,2009.
I have thorougWy enjoyed my association with you and the professional staff in the City
Finance and Retirement departments.
~
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
JONATHAN E. CRAFT
Deputy City. Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
November 5, 2009
Martha P. Franklin, Secretary
City Planning Commission
Roanoke, Virginia
Dear Ms. Franklin:
This is to advise you that Mark Futrell has qualified as a member of the City
Planning Commission to fill the unexpired term of Richard Rife ending
December 31,2012.
Sincerely,
~~M.~
Stephanie M. Moon, CMC
City Clerk
pc: Jonathan E. Craft, Deputy City Clerk
L:\CLERK\DAT A\CKEWl \oath and leaving seIVice\City Planning Connnission\Mark Futrell 12 31 2012 qualification. doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Mark Futrell, do solemnly affirm that I will support the Constitution of
the United States of America and the Constitution of the Commonwealth of
Virginia, and that I will faithfully and impartially discharge and perform all the
duties incumbent upon me as a member of the City Planning Commission to fill
the unexpired term of Richard A. Rife ending December 31, 2012 according to
the best of my ability (So help me God).
--
Subscribed and sworn to before me this \ lo~y of Cr*tkr2009.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BY\t~~"
De,plb ~
, CLERK" .()
L:\CLERK\DAT A\CKJCI \Oaths and Qualifications\Mark Futrell 12-31-20 12 oath. doc
.,. ~.
Office of the Mayor
CITY OF ROANOKE
.
rot m Ion
WHEREAS, Each y~ar in the Commonwealth of Virginia, more than
12,000babies are bom prematurely; and
WHEREAS, Preterm babies account for approximately 12% of all live
births in Virginia; and
WHEREAS, Over half of the preterm births are considered "late preterm"-
between 34-36 weeks; and
WHEREAS, The March of Dimes has chosen the month of November as
Prematurity Awareness Month.
NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke,
Virginia, do recognize the March of Dimes for its dedication in researching
and understanding prematurity so that we can educate people and try and
get this problem under control, and in proclaiming the belief that every
baby should have the best chance for a healthy life and, do hereby
proclaim Tuesday, November 17, 2009, throughout this great All-America
City, as
PREMA TURITY AWARENESS DA Y.
Given under our hands and the Seal of the City of Roanoke this second
day of November in the year two thousand and nine.
ATTEST:
~ m .lYJl>lJ-rv>
Stephanie M. b,on
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
November 2, 2009
The Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of City Council:
I would like to sponsor a request from Dr. Manuel Peregino of the March
of Dimes Greater .Blue Ridge Division, to provide for a presentation to City
Council regarding the severity of premature births in southwest Virginia.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB:sfm
C: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Oct 26 09 03:56p
March OF Dimes Greater B1 5409890752
p.2
CITY CLERK J09 OCT 26 PM04:13
1l=I'.....
'-, .".. _.,...
ROANOKE
OFfiCE OFTHE CITY MANAG(R
Noel C. T,wlol Municip.)l Eluild;n~
21~ Churc.h AVl.Illu@. s.w, lo1oM1 )(j4
ROllT10kc:. VirJ;:illl,) :luOll
~O.tl5).:lln
\'IIw......o..n()~"".~_g(lV
O<::tober 13, 2009
M~rry McKenna, RNC. SA
March of Dimes Volunte@r
Southwest Virginia Perinatal Coum;i1
644 Norfolk Street
Abingdon, Virginia 24210
Mrs. McKenna:
Thank YOU for taking the opportunity to share with me the severity of premature
birth in Southwest Virginia and around the country~ While I a.pplaud your efforts, I
am unable to honor your rcqucsf to iIIumina.te the Mill Mountain Star purple
during the month of Nov~mber or on November 18, 2009. longstanding CounCIl
policy mandates that th~ star remain illuminated in all white. Council action is
reQuired to change the color of the star and in the last ten years, Council has
changed the star's color on only two occasions in response to the tragic even'ts of
9/11/01 when the star was lit red, white and blue and on the fjr~l anniversary of
the Virginia Tech ShOOting when the star went dark for one evening.
AS the City remains diligent in its support for health programs, especially as it
relates to our infants and youth, we would like to offer you two viable alternatives
that th~ City can suPPOrt. First, we would be glad to recogni7.p a representative
from your organization at th@ November 2"" Council meeting to acknowledge
Prematurity AwareneS:i Month and to address the Council and its. constituencY
about the severity of premature birth. We would also suPPOrt your organization
displaying purple flags along tl1@ 5trcet lights of downtown Roanoke. If your
organization obtains the purple flags. my staff would be glad to grant your
organization a special permit {O display the flags downtown during the month of
November.
I know that the March of Dimes provides an invalua.ble service to premarure
infilnts and their families, and I thank you for your efforts in raising awareness
about this issue. B~st wishes to you and your organization in your future
endeavor:c;_
r'd
2C'_.2Ja6860\JS t ; 01
;W~..:l \:JOt>:8~ 6121ec-92-.l:)O
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456 '
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: cIerk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
November 5, 2009
Jeanne M. Bollendorf
Executive Director
Historical Society of
Western Virginia
P. O. Box 1904
Roanoke, Virginia
Dear Ms. Bollendorf:
A resolution expressing the support of City Council for the efforts
being undertaken by the Virginia Sesquicentennial of the American
Civil War Commission and its local committee, was before the Council
of the City of Roanoke at its regular meeting held on Monday,
November 2, 2009.
On motion and duly seconded, the resolution was defeated by a vote
of 3-3, Couneil Member Gwendolyn W. Mason was absent.
Sincerely,
~~l'Y).mG~
Stephan ie M. Moon, CMC C
City Clerk
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
K:\Agenda Correspondence\November 2, 2009\November 22, 2009.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
November 2, 2009
The Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of City Council:
I would like to sponsor a request from Jeanne Bollendorf, Executive
Director of the Historical Society of Western Virginia, to acknowledge and
support them as the committee liaison for the City of Roanoke and lead
agency for the regional committee promoting the commemorative events
for the 1 50th Anniversary of the Civil War in Virginia.
Respectfully submitted,
Darlene L. Bu cham
City Manager
DLB:jb
c: 'Stephanie M. Moon, City Clerk.
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Officers
W. Tucker Lemon
President
Katherine Watts
Vice President
Michael R. Bell
Treasurer
Nancy G. Warren
Secretary
Board o/Directors
Alison S. Blanton
W. Jackson Burrows
Ben Chapman
Walter M. Dixon, Jr.
Frank H. Ewald
William M. Hackworth
Scott Hengerer
Tonya R. Hengerer
William E. Honeycutt
Jim Humphrey
John C. Lanford
Philip H. Lemon
Laura B. Logan
Edwin E. Lunsford
George A. McLean
Natalie Norris
James G. Overholser
J. David Robbins
Alice B. Roberts
Rebecca B. Stephens
Kevin Sullivan
E. Wilson Watts
Directors Emeriti
Sara S. Airheart
David H. Burrows
George A. Kegley
Barbara B. Lemon
Thomas O. Maxfield, III
Edgar V. Wheeler
Executive Director
Jeanne M. Bollendorf
HISTORICAL SOCIETY OF WESTERN VIRGINIA
P.O. Box 1904, Center in the Square, Roanoke VA 24008 Ph: (540) 342-5770 Fx: (540) 224-1256
www.history-museum.org www.linkmuseum.org e-mail: info.hswv@cox.net
Honorable Mayor and Members of City Council
c/o Stephanie M. Moon, City Clerk
Room 456, Municipal Building, 215 Church Avenue
Roanoke, Virginia 24011
September 28, 2009
Re: Request for City Council Resolution
Honorable Mayor Bowers and Members of City Council:
As you may be aware, the state of Virginia is commemorating the
150th Anniversary of the Civil War in Virginia beginning in 2011. In
2006 the Virginia General Assembly created the Virginia
Sesquicentennial of the American Civil War Commission to plan and
implement commemoration events across the state. In an effort to
coordinate planned activities, the Commission has requested that each
locality form a committee to aid the Commission in planning events.
The Historical Society of Western Virginia has been assigned as the
committee liaison for the City of Roanoke and has also volunteered to
be the lead agency for a regional committee comprised of local
committees throughout southwestern Virginia.
Our local committee is made up of a number of arts and cultural
organizations throughout the city, as well as the Roanoke Valley
Convention and Visitors Bureau, and is planning a series of special
programs that will take place from2011-2015. These programs will
include musical and 'dance performances based on historic music and
songs, musical theater productions, Civil War film festivals, scholarly
publications, historically themed art projects and special exhibitions.
In addition to information on the Virginia Commission's website, there
will be a regional website designed to specifically market
commemorative events in Roanoke and southwest Virginia.
As the lead agency, the Historical Society of Western Virginia will apply for state
funding from the Virginia Commission and the Virginia Tourism Corporation to help
fund programs and marketing for the local committee and our partners.
We are respectfully requesting a resolution by the City of Roanoke to acknowledge and
support the Historical Society of Western Virginia as the lead agency and to support and
promote the commemorative events as planned by local committee members. With your
support, the Historical Society will have access to the Virginia Commission's logo and
. will be able to help direct collaborative activities among the local committee partner
members and other local committees throughout the region;
Thank you very much for your consideration of our request. If I may be of further
assistance in answering questions or addressing concerns of the Council, please call me at
224-1229 or email meatdirector.hswv@cox.net. I look forward to hearing from you.
~~
\
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
A RESOLUTION expressing the support of City Council for the efforts being
undertaken by the Virginia Sesquicentennial of the American Civil War Commission and
its local committee.
WHEREAS, the Virginia Sesquicentennial of the American Civil War
Commission (the "Commission") was created in 2006 by the General Assembly for the
purpose of preparing for and commemorating the 150th anniversary of Virginia's
participation in the American Civil War;
WHEREAS, the Commission has requested that each locality form a
sesquicentennial committee to aid in planning for the commemoration period;
WHEREAS, a sesquicentennial committee has been formed in the City of
Roanoke and the Historical Society of Western Virginia has been designated as the lead
agency for the committee for the Civil W ar Se~quicentennial, which begins in ~O-
2011;
WHEREAS, the local sesquicentennial committee will plan and coordinate
programs occurring within the City and communicate regularly with the Commission and
a regional committee which has been formed with representatives from nearby localities;
and
WHEREAS, Council wishes to support the Commission and its local committee
in order to promote and commemorate this important historic milestone and to further
economic development and tourism in the City.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as follows:
1. Council hereby expresses its support for the Virginia Sesquicentennial
American Civil War Commission and its local committee in their efforts to commemorate
the 150th anniversary of Virginia's participation in the American Civil War.
2. Council recognizes the Historical Society of Western Virginia as the lead
agency for the local committee.
ATTEST:
City Clerk.
p':( .:,
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 2nd day of November, 2009.
No. 38635-110209.
A RESOLUTION authorizing the acceptance of a U.S. Department of Energy (DOE) Energy
Efficiency and Conservation Block Grant (EECBG), which funds are being provided by the
American Recovery and Reinvestment Act of2009 (ARRA); approving and ratifying the execution
of Grant documents; authorizing the City Manager to execute any necessary additional documents,
provide any additional information, and to take any necessary actions in order to obtain, accept,
receive, implement, use, administer, and enforce such Grant; and approving the City's cost sharing
contributions for such Grant.
BE IT RESOLVED by the Couricil of the City of Roanoke as follows:
1. The City of Roanoke hereby accepts the EECBG from the DOE in the amount of
$963,700 for creating and implementing strategies to reduce fossil fuel emissions in a manner that is
environmentally sustainable, to help reduce total energy use, and to improve energy efficiency in the
building sector, the transportation sector, and other sectors, all as more particularly set forth in the
City Manager's letter dated November 2,2009, to this Council.
2. The Grant documents and the Grant Assistance Agreement, as amended, between the
DOE and the City for this matter are hereby approved and ratified.
3. The City Manager is further authorized to execute any necessary additional
documents, provide any additional information, and to take any necessary actions in order to obtain,
accept, receive, implement, use, administer, and enforce such Grant and/or such Assistance
Agreement, including any amendments and/or extensions thereof, with any such additional
R-EECBG Grant-ARRkfunds.doc
1
.'
documents to be approved as to form by the City Attorney. Council also approves the City's cost
sharing contributions as described in the above mentioned City Manager's letter dated November 2,
2009.
ATTEST:
~h).~
City Clerk.
R-EECBG Grant-ARRA funds. doc
2
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 2nd day of November, 2009.
No. 38636-110209.
AN ORDINANCE to appropriate funding from the Federal government's
American Recovery and Reinvestment Act (ARRA) for the Department of Energy's
Energy Efficiency and Conservation Block Grant Program (EECBG) to provide funding
for four (4) energy conservation projects - courthouse digital controls, courthouse
lighting retrofit, Market Garage lighting retrofit and LED traffic signal retrofit, amending
~nd 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 LED Traffic Lights FY10
ARRA Courthouse Controls FY10
ARRA Courthouse Lights FY10
ARRA Market Garage Lights FY10
Revenues
ARRA DoE EECBG Grant FY10
35-R09-0959-90 15
35-R09-0960-9015
35-R09-0961-90 15
35-R09-0962-9015
$ 300,000
135,000
200,000
328,700
963,700
35:'R09-0959-2921
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
AT~.EST:: OA .
. 14.~ rn.MI~
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
November 2, 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: Energy Efficiency and Conservation
Block Grant- American Recovery
and Reinvestment Act of 2009
The American Recovery and Reinvestment Act of 2009 (ARRA) appropriated funding
to the U.S. Department of Energy (DOE) to award formula-based grants to states,
U.S. territories, units of local government, and Indian tribes under the Energy
Efficiency and Conservation Block Grant (EECBG) Program. The purpose of the
EECBG Program is to assist in creating and implementing strategies to reduce fossil
fuel emissions in a manner that is environmentally sustainable, reduce total energy
use and improve energy effiCiency in the building sector, the transportation sector,
and other sectors.
After learning that the City was eligible for the above DOE Grant, City staff
submitted an application to the DOE for such Grant. On September 30, 2009, the
City was awarded $963,700 in EECBG funds from the DOE. Such Grant requires
cost sharing or a match from the City in the amount of $212,058. However, the
Grant allows such match to be provided by in-kind services. The City anticipates
that $174,058 amount of the match would be provided by City in-kind services and
$38,000 will be provided by City funds used in connection with one of the projects
referred to below. Since the Grant funds are being provided pursuant to the ARRA,
the City will be required to comply with the applicable terms of the ARRA in
connection with the use of these Grant funds. The City Manager has signed an
Assistance Agreement with the DOE for such Grant funds, which Assistance
Agreement also incorporates the special terms and conditions of the DOE for such
Grant funds.
The Grant funds will be used to implement a broad based City program of resource
conservation and energy efficiency measures. These measures will reduce the
City's carbon footprint, create/preserve jobs, expand energy efficiency measures in
City facilities, allow implementation of a comprehensive energy conservation
r]
Honorable Mayor and Members of City Council
November 2, 2009
pag e 2
program and reduce operating costs. The City program will consi'st of the following
four (4) distinct projects that will have an immediate, substantial impact, resulting
in sustainable and measurable energy savings: 1) Citywide LED Traffic Signal Head
Replacements ($300,000); 2) Retrofitting the City Courthouse with high efficiency
fluorescent lights ($200,000); 3) Installation of Direct Digital Controls in the City
Courthouse to improve the efficiency of the heating and air conditioning
($135,000); and (4) LED Lighting Retrofits in the City's Market Garage ($328,700).
The City match will consist of the following: $36,000 for in-kind labor costs for the
Citywide LED Traffic Signal Head Replacement project; $60,000 for in-kind labor
costs for the City Courthouse high efficiency fluorescent lights Retrofit project;
$67,008 for in-kind labor costs for the Courthouse Direct Digital Control
Installation project; and $38,000 of City funds for construction costs and $11,050
for in-kind labor costs for the Market Garage LED Retrofit. It should be noted that
these matching costs will not be transferred to the grant account, but will. remain
in the accounts in which they originate for each of the projects.
Recommended Action:
Accept the above mentioned DOE EECBG Program Grant and appropriate the Grant
funds as set forth below.
Approve and ratify the above actions and the Grant Agreement, as amended,
mentioned above, and authorize the City Manager to execute any necessary
additional documents, provide any additional information, and to take any
necessary actions in order to obtain, accept, receive, implement, use, administer,
and enforce such Grant, including any amendments and/or extensions thereof,
with any such additional documents to be approved as to form by the City
Attorney. Furthermore, approve the City's cost sharing contributions as described
above.
Adopt the accompanying budget ordinance to establish a revenue estimate in the
amount of $963,700 and to appropriate the same in accounts to be established in
the Grant Fund by the Director of Finance.
Respectfully submitted,
Darlene L. Burcham
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
James Grigsby, Assistant City Manager for Operations
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director of Management and Budget
CM09-00191
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\0\1
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 2nd day of November, 2009.
No. 38637-110209.
A RESOLUTION authorizing the City Manager to enter into the 2009-2010 Community
Development Block Grant ("CDBG") sub grant Agreement with Total Action Against Poverty in the
Roanoke V alley, Inc. ("TAP"), upon certain terms and conditions.
BE IT RESOLVED by the Council ofthe City of Roanoke that the City Manager and the City
Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the
2009-2010 CDBG subgrant Agreement with TAP, approved as to form by the City Attorney, within
the limits of funds and for the purposes as more particularly set forth in the City Manager's letter to
Council dated November 2,2009.
ATTEST:
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City Cierk. L
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R-CDBG- T AP-09-1 O.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www.roanokeva.gov
November 2, 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 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: 2009-2010 CDBG Agreement
with Total Action Against
Poverty in the Roanoke Valley,
I n.c. (TAP)
Background:
Since 1965, Total Action Against Poverty in the Roanoke Valley, Inc., (TAP) has
developed and executed programs that promote adequate housing, employment,
health and nutrition, and education for the citizens of Roanoke and surrounding
areas. To date, TAP's Emergency Home Repair program has performed emergency
home repairs for approximately 155 needy citizens of Roanoke. On May 11 , 2009,
City Council authorized TAP to conduct housing activities in our community by
Resolution No. 38451-051109, which approved the City's 2009-2010 Action Plan
Consolidated Plan for submission to the U.S. Department of Housing and Urban
Development (HUD). City Council accepted the 2009-2010 CDBG funds on July 6,
2009, by Budget Ordinance No. 38506-070609 and Resolution No. 38505-070609.
Considerations:
In order that TAP may conduct its approved 2009-2010 housing activities, City
Council's authorization is needed to execute a subgrant agreement. Necessary
CDBG funding is available in the account listed in the draft Agreement included
with this report. A total of $1 00,000 is being provided to TAP to provide limited
and emergency repairs to 17 homes city-wide, with the exception of the Hurt Park
neighborhood, which TAP will assist through a separate agreement. The attached
Honorable Mayor and Members of City Council
November 2, 2009
Page 2
agreement, which is the subject of this report, will be effective from July 1, 2009,
until June 30, 2010. TAP began limited gear-up activities in July to continue this
program, in anticipation of an executed agreement, and has held requests for
reimbursement, necessitating the retroactive date of the agreement.
Recommended Action: .
Authorize the City Manager to execute the 2009-2010 CDBG subgrant Agreement
with Total Action Against Poverty in the Roanoke Valley, Inc., similar in form and
content to the draft attached to this report, such agreement to be approved as to
form by the City Attorney.
Respectfully submitted,
Darlene L. Bur
City Manager
DLB/slp
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
Thomas N. Carr, Director of Planning, Building & Development
Frank E. Baratta, Budget Team Leader
CM09-00193
AG REEM ENT
This agreement is made and entered into as of 2nd day of November, 2009, by
and between the following parties:
The Grantee
City of Roanoke, Virginia
215 Church Avenue, S.W.
Roanoke, Virginia 24011
The Subgrantee
Total Action Against Poverty
in the Roanoke Valley, Inc.
145 W. Campbell Ave., S.W.
Roanoke, Virginia 24011
WITNESSETH
WHEREAS, by Resolution No. 38451-051109, adopted May 11, 2009, Roanoke
City Council approved the 2005-2010 Consolidated Plan which included the
2009-2010 Action Plan; and
"
WHEREAS, by Resolution No. 38505-070609, adopted July 6, 2009, Roanoke
City Council approved the acceptance of the 2009-2010 Community
Development Block Grant (CDBG) program and by Ordinance No. 38506-
070609 appropriated the funds thereto, of which One Hundred Thousand and
00/100 Dollars ($100,000) in Community Development Block Grant funds is
to be provided to the Subrantee to provide limited and emergency repairs to
single-family homes in Roanoke, excluding the Hurt Park neighborhood; and
WHEREAS, by Resolution No. _____-110209, adopted November 2, 2009 City
Council authorized the City Manager to execute an agreement for the
proposed specified herein.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1 . SCOPE OF SERVICES:
a. General - Activities to be undertaken by the Subgrantee under this
Agreement shall be known as the "2009-2010" Housing and
Community Development (HCD) Emergency Home Repair Program"
(the "Program") and have as their pu rpose the rehabilitation of single-
family housing. Through CDBG funding provided by the Grantee, the
Subgrantee will provide limited and emergency repairs to
approximately seventeen (17) homes throughout the city, excluding
the Hurt Park neighborhood. Repairs to houses will address such
problems as falling plaster, broken water lines, holes in roofs and the
repair and/or replacement of furnaces. The Subgrantee will contract
Page 1 of24 Pages
out for all repair work on a bid basis, with the lowest responsive and
responsible bidder selected. All contractors selected to provide
rehabilitation services under the Program will be properly licensed
and insured. All homes assisted with CDBG funds under this
Agreement shall be the principal residences of "eligible homeowners,"
as described in section l.b. below.
b. Eligible Homeowners -- For the purposes of this Agreement, an
"eligible homeowner" shall mean a family whose income, adjusted for
family size, does not exceed 80% of the area median income defined
by the U.S. Department of Housing and Urban Development ("HUD")
and in effect at the time the family applies for assistance. In addition,
the home for which the family is applying for assistance must be the
family's principal residence. The Subgrantee shall prepare, and retain
with records of the Program, documentation of its determination of
each eligible family's size and income, including the name, age, and
the sources and estimated amount of income anticipated for the
succeeding twelve months for each individual related by birth,
marriage or adoption living in the same household at the time of the
determination.
c. Performance Expectations and Schedu Ie
1. HUD Outcome Measurement: The primary outcome of the HUD
Performance Measurement System addressed by this program,
project or activity is:
· Provide decent housing through improved affordability of
home emergency repairs for low- to moderate-income
persons.
2. Specific Quantifiable Objectives: It is expected that this program,
project or activity will achieve the .following:
By June 30, 2010, seventeen (17) eligible homeowners will receive
emergency home repairs, thereby improving their overall safety and
health and allowing them to continue living independently in their
homes.
(l) By September 30, 2009, six (6) homeowners shall have: .
(a) Completed formal applications and had program
eligibility verified;
(b) Received a home visit from the Contractor and Services
Coordinator to assess damages, take pictures and make
cost estimates;
(c) Contracts for repair work executed;
Page 2 of24 Pages
(d) Contracted repair work completed;
(e) Work inspected by the Service Coordinator, who will also
take pictures and have homeowner complete a client
response form;
(f) Payment made to contractor following successful
inspection of the job.
(2) By December 31, 2009, a cumulative total of eleven (11)
homeowners shall have completed the services set forth in
section 1 .c.(1 ) above.
(3) By March 31, 2010, a cumulative total of fourteen (14)
homeowners shall have completed the services set forth in
section 1 .c.(1 ) above.
(4) By June 30, 2010, a cumulative total of seventee'n (17)
homeowners shall have completed the services set forth in
section 1 .c.(1) above.
d. Eligible Use of CDBG Funds
1. Eligible CDBG Activity: Rehab; Single-Unit Residential 24 CFR
5 70.202(a)(1)
2. Eligible Broad National CDBG Objective: Housing for Low- and
Moderate-Income Persons; 24 CFR 570.208(a)(3)
2. PERIOD OF PERFORMANCE
This Agreement shall be effective retroactively as of July 1, 2009, and,
unless amended, shall end June 30, 2010.
3. BUDGET
a. General-- Unless amended, the total amount ofCDBG funds provided
by the Grantee under this Agreement shall not exceed One Hundred
Thousand and 00/100 dollars $100,000.00, of which: (a) not less than
$76,000.00 shall be used for housing repair costs; and (b) not more
than $24,000.00 may be used by the Subgrantee for program delivery
and indirect (administrative) costs. The indirect costs are based on a
plan approved by the Subgrantee's cognizant federal agency (the U.S.
Department of Health and Human Services) and accepted by the
Grantee for the purposes of this Agreement. At the sole discretion of
the Grantee, any funds remaining unexpended as of the end date of
this Agreement may be deobligated from the Agreement and made
available for other CDBG projects of the Grantee, as appropriate.
Page 3 of24 Pages
b. Allowable Expenditures -- Except as restricted herein, funds provided
by the Grantee under this Agreement may be used for any necessary,
reasonable and allowable cost associated with this housing
rehabilitation program. "Project" funds may include such items asthe
labor and materials costs of work performed by contractors, building
permits and similar costs related to the rehabilitation of housing.
"De'livery" funds may include the wages and benefits of staff or other
operating costs directly associated with providing housing
rehabilitation services to homeowners. "Administrative" funds are
provided solely for indirect costs of the Subgrante'e attributable to its
general management and administration of this program. The
purchase of real or personal property or equipment are not allowable.
costs under this Agreement.
c. Subgrantee Investment -- It is understood that the Subgrantee will
leverage approximately $160,690.00 in state and private funds
toward the project.
4. REQUESTS FOR DISBURSEMENTS OF FUNDS
a. This is a cost-reimbursement Agreement. Disbursement of funds
under this Agreement may be requested only for necessary,
reasonable and allowable costs for which the Subgrantee has made
payment du ring the period of performance set forth in section 2
above.
b. In general, disbursements shall be requested no more frequently than
monthly, and shall be submitted to the Grantee's Department of
Planning, Building and Development in form and content satisfactory
to the Grantee, including copies of invoices or bills from vendors
supporting the request. Such supporting documentation will bear a
date paid stamp, indicating the date and check number by which the
cost was paid or be accompanied by an agency payment voucher
providing this information. Requests for disbursement of funds
related to the payment of staffwages and benefits shall be supported
by payroll summaries or similar documentation. Requests for
disbursement offunds for indirect costs shall indicate the amount of
indirect costs being requested; by virtue of the Grantee's acceptance
of the Subgrantee's indirect cost plan, no other supporting
documentation shall be required for disbursement funds for indirect
costs.
c. Disbursement of requested funds to the Subgrantee for properly
documented necessary, reasonable and allowable costs will generally
be made within ten (10) days of receipt, subject to the timely receipt
of monthly reports (see section 6 below).
Page 4 of 24 Pages
d. All requests for disbursements of funds associated with activities
under this Agreement must be received by the Grantee within 30
calendar days of the ending date set forth in section 2 above. The
Grantee shall not be bound to honor requests for disbursements
received after this 30-day period has expired.
5. RECORDS REQUIREMENTS
a. Records to be maintained -- At a minimum, the Subgrantee shall
maintain financial and project documents and records which comply
with the requirements of 24 CFR 570.506, and 570.507, as applicable.
b. Period of record retention -- In compliance with the requirements of
24 CFR 570.502(b), the Subgrantee shall'retain financial and project
documents and records pertaining to this Agreement for a period of
four (4) years, as applicable, or the conclusion of any legal or
administrative process requiring their use, whichever is later.
c. Access to records -- The Grantee and other entities shall have access
to financial and project documents and records pertaining to this
Agreement in compliance with the applicable requirements of 24 CFR
84.53.
6. REPORTING REQUIREMENTS
a. By the 7th working day following the end of each month, the
Subgrantee shall report the progress of activities covered by this
Agreement, in a format acceptable to the Grantee's Department of
Planning, Building and Development. Such monthly reports shall
include, but not be limited to, the following:
(1) A narrative section summarizing progress to-date on the
program(s) included under the Scope of Services; )
(2) Certifications regarding debarment and suspension of
contractors, as described in section 1 3.h. below.
(3) A table providing data on each housing unit and eligible family
assisted (see Attachment A for minimum data elements to be
reported).
, (4) A table providing data on the demographics of all households
served (see Attachment B).
b. The Subgrantee agrees to submit any other reports or documentation
as requested by the Grantee concerning activities covered under this
Page 5 of24 Pages
agreement.
7. MONITORING
The Subgrantee shall monitor the progress of the project covered by this
Agreement, and shall submit appropriate reports to the Grantee's
Department of Planning, Building and Development. In addition, during
the period of this Agreement the Grantee shall monitor the Subgrantee's
performance and financial and programmatic compliance as part of
disbursement processing and other desk reviews, on-site reviews, and/or
other means, as appropriate.
8. ANNUAL AUDIT
Pursuant to City Council policy adopted under Resolution No. 37281-
010306, nonprofit entities existing for at least two years and with an
annual budget exceeding $50,000 are required to perform an annual
independent audit. As such, the Subgrantee is subject to this audit
requirement. In addition, as an entity expending more than $500,000 in
federal funding in a fiscal year, the Subgrantee is required to undergo an
annual independent audit conforming to the requirements offederal OMB
Circular A-133. To the extent permitted by the budget of this Agreement,
the increase in the Subgrantee's audit costs attributable to this
requirement are allowable costs under this Agreement. The independent
audit required for federal purposes satisfies both the Council and federal
requirements. The audit shall be submitted to the Grantee within the
timeframes specified by the federal circular.
9. PROGRAM INCOME:
"Program income" means gross income received by the Grantee or
Subgrantee directly generated from the use of COBG funds. Program
income from any and all sources shall be submitted to the Grantee within
five (5) days of its receipt by the Subgrantee. No program income is
expected.
10. INSURANCE REQUIREMENTS
The Subgrantee involved in this Agreement shall maintain the insurance
coverages set forth in Attachment C to this Agreement and provide the
proof of such insurance coverage as called for in Attachment C. Such
insurance coverage shall be obtained at the Subgrantee's sole expense,
approved by the City's Risk Manager, maintained during the life of the
Agreement and shall be effective prior to the beginning of any work or
other performance by the Subgrantee under this Agreement. Additional
insured endorsements, if required, must be received by the City within 30
days of the execution of this Agreement or as otherwise required by the
Page 6 of24 Pages
City's Risk Manager.
11 . REVERSION OF ASSETS
a. Upon expiration or termination of this Agreement, including any
amendments thereto, the Subgrantee shall transfer to the Grantee any
CDBG funds or Program Income on hand at the time of expiration or
termination and any accounts receivable attributable to the use of
CDBG funds.
b. Any real property under the Subgrantee's control that was acquired or
improved, in whole or in part, with CDBG funds in excess of $25,000:
(1) Shall continue for a period of not less than five years following
expiration of this Agreement, including any amendments thereto,
to be used to meet one of the CDBG national objectives cited in
24 CFR 570.208; or
(2) If the property is not used in accordance with paragraph (1)
above, the Subgrantee shall pay the Grantee an amount equal to
the current market value of the property less any portion of the
value attributable to expenditures of non-CDBG funds for the
acquisition of, or improvement to, the property. The payment
shall be considered Program Income to the Grantee.
12. SUSPENSION AND TERMINATION
In the event the Subgrantee materially fails to comply with any term ofthe
Agreement, the Grantee may suspend or terminate, in whole or in part,
this Agreement or take other remedial action in accordance with 24 CFR
85.43. The Agreement may be terminated for convenience in accordance
with 24 CFR 85.44.
13. COMPLIANCE WITH FEDERAL REGULATIONS
The Subgrantee agrees to abide by the HUD conditions for CDBG programs
as set forth in Attachment 0 and all other applicable federal regulations
relating to specific programs performed hereu nder. Fu rther, the
Subgrantee agrees to require compliance with applicable federal
regulations of the contractor by agreement.
14. OTHER PROGRAM/PROJECT REQUIREMENTS
In addition to other requirements set forth herein, the Subgrantee shall
likewise comply with the applicable provisions of Subpart K of 24 CFR 570,
in accordance with the type of project assisted. Such other requirements
include, but are not necessarily limited to, the following.
Page 7 of24 Pages
a. Property standards and lead-based paint -- All housing assisted shall
meet the Statewide Building Code and the lead-based paint
requirements in 24 CFR 570.608. In accordance with regulations, the
Subgrantee shall adhere to lead-based paint abatement practices, as
applicable, and in no case shall use lead-based paint in the
construction or rehabilitation of the properties assisted under this
Agreement.
b. Section 109 -- In accordance with Section 109 of the Housing and
Community Development Act of 1974 (42 U.S.c. 3535(d)), no person
in the United States shall on grounds of race, color, religion, sex or
national origin be excluded from participation in, denied the benefits
of, or subjected to discrimination under any program or activity
funded in whole or in part with funds available under this Agreement.
(See also Attachment C.)
c. Conditions for religious organizations -- The Subgrantee shall not
grant or loan any CDBG funds to primarily religious organizations for
any activity including secular activities. In addition, funds may not be
used to rehabilitate or construct housing owned by primarily religious
organizations or to assist primarily religious organizations in
acquiring housing. In particular, there shall be no religious or
membership criteria for homeowners to be assisted under this
Agreement.
d. Labor standards -- As herein structured, the program covered by this
Agreement is not considered subject to federal Labor Standards,
including prevailing (Davis-Bacon) wage rates for non-volunteer labor.
e. Environmental standards -- In accordance with 24 CFR 570.604, the
activities under this Agreement are subject to environmental review
requirements. Such requirements may include, but are not necessarily
limited to, historic significance, floodplain, and hazardous sites. The
Grantee has performed the tiered review necessary to initiate the
preliminary program activities; however, no CDBG funds may be
expended for a given property prior to the Subgrantee's completing
its individual property review, any required remedial actions and the
required Subgrantee environmental checklist, which must include all
compliance categories specified by HUD and the Grantee. All
specifications for proposed housing rehabilitation under this
Agreement will be submitted to the Grantee's Department of Planning,
Building and Development for review as to compliance with Section
106 of the National Historic Preservation Act. The results of this
historic review shall be reflected in the Subgrantee's environmental
checklist.
Page 8 of24 Pages
f. Displacement and relocation -- In accordance with 24 CFR 570.606,
the Subgrantee shall take all reasonable steps to minimize
displacement as a result of the activities described in section 1. Any
persons displaced as a result of the activities under this Agreement
shall be provided relocation assistance to the extent permitted and
required under applicable regulations.
g. Emplovment and contracting opportunities -- In accordance with 24
CFR 570.607, the activities under this Agreement are subject to the
requirements of Executive Order 11246, as amended, and Section 3 of
the Housing and Urban Development Act of 1968. The former
prohibits discrimination on federally-assisted construction contracts
and requires contractors to take affirmative action regarding
employment actions. The latter provides that, to the greatest extent
feasible and consistent with feder~l, state and local laws, employment
and other economic opportunities arising housing rehabilitation,
housing construction and public construction projects shall be given
to low- and very-low-income persons. (See also Attachment C.)
h. Debarment and suspension -- In accordance with 24 CFR 24, the
Subgrantee shall not employ or otherwise engage any debarred,
suspended, or ineligible contractors or subcontractors to conduct any
activities under this Agreement. The Subgrantee will consult
appropriate references, including, but not limited to, the Excluded
Parties Listing Service website at http://epls.arnet.gov, to ascertain
the status of any third parties prior to engaging their services. The
Subgrantee will submit to the Grantee's Department of Planning,
Buildin.g and Development the names of contractors and
subcontractors selected under this Agreement, including a
certification by the Su bgrantee that it has determined that none of
these entities are presently debarred, suspended, or ineligible.
i. Uniform administrative requirements -- The Subgrantee shall comply
with the requirements and standards set forth in 24 CFR 570.502, and
all applicable CDBG and other federal regulations pertaining to the
activities performed under this Agreement.
j. Conflict of interest -- In accordance with 24 CFR 570.611, no covered
individual who e'xercises any functions or responsibilities with respect
to the program, during his tenure or for one (1) year thereafter, shall
have any interest, direct or indirect, in any contract or subcontract, or
the proceeds thereof, for work to be performed in connection with the
program assisted under this Agreement. The Subgrantee shall
incorporate, or cause to be incorporated, in any contracts or
subcontracts pursuant to this Agreement a provision prohibiting such
interest pursuant to the purposes of this section.
Page 9 of24 Pages
15. EQUAL EMPLOYMENT OPPORTUNITY
Non-Discrimination: During the performance of this Agreement, the
Subgrantee agrees as follows:
a. The Subgrantee will not discriminate against any employee or
applicant for employment because of race, religion, color, sex,
national origin, age, disability, or any other basis prohibited by state
law relating to discrimination in employment, except where there is a
bona fide occupational qualification reasonably necessary to the
normal operation of the Subgrantee. The Subgrantee agrees to post
in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this
nondiscrimination clause.
b. The Subgrantee, in all solicitations or advertisements for employees
placed by or on behalf of the Subgrantee, will state that such
Subgrantee is an equal opportunity employer.
c. Notices, advertisement and solicitations placed in accordance with
federal law, rule or regulation shall be deemed sufficient for the
purpose of meeting the requirements of this section.
d. The Subgrantee will include the provisions of the foregoing
subsections (a), (b) and (c) in every contract or purchase order of over
ten thousand dollars and no cents ($10,000.00) so that the provisions
will be binding ~pon each contractor or vendor.
16. DRUG-FREE WORKPLACE
The Subgrantee will: (i) provide a drug-free workplace for the Subgrantee's
employees; (ii) post in conspicuous places, available to employees and
applicants for employment, a statement notifying employees that the
unlawful manufacture, sale, distribution, dispensation, possession, or use
of a controlled substance or marijuana is prohibited in the Subgrantee's
workplace and specifying the actions that will be taken against employees
for violations of such prohibition; (iii) state in all solicitations or
advertisements for employees placed by or on behalf of the Subgrantee
that the Subgrantee maintains a drug-free workplace; and (iv) include the
provisions of the foregoing clauses in every subcontract or purchase order
of over ten thousand dollars and no cents ($10,000.00), so that the
provisions will be binding upon each subcontractor or vendor. For the
purposes of this subsection, "drug-free workplace" means a site for the
performance of work done in connection with this contract.
17. FAITH-BASED ORGANIZATIONS
Page 10 of24 Pages
Pursuant to '2.2-4343.1 of the Code of Virginia (950), as amended, the
City of Roanoke does not discriminate against faith-based organizations.
18. COMPLIANCE WITH IMMIGRATION LAW
Pursuant to 9 2.2-4311.1 of the Code of Virginia, the Subgrantee does not,
and shall not during the performance of this Agreement iri the
Commonwealth, knowingly employ an unauthorized alien as defined in the
federal Immigration Reform and Control Act of 1986.
19. THIRD-PARTY CONTRACTS
The Grantee shall not be obligated or liable hereunder to any party other
than the Subgrantee.
20. INDEMNIFICATION
The Subgrantee agrees and binds itself and its successors and assigns to
indemnify, keep and hold the Grantee and its officers, employees, agents,
volunteers and representatives free and harmless from any liability on
account of any injury or damage of any type to any person or property
growing out of or directly or indirectly resulting from any act or omission
of the Subgrantee including: (a) the Subgrantee's use of the streets or
sidewalks of the Grantee or other public property; (b) the performance
under this Agreement; (c) the exercise of any right or privilege granted by
or under this Agreement; or (d) the failure, refusal or neglect of the
Subgrantee to perform any duty imposed upon or assumed by Subgrantee
by or under this Agreement. In the event that any suit or proceeding shall
be brought against the Grantee or any of its officers, employees, agents,
volunteers or representatives at law or in equity, either independently or
jointly with the Subgrantee on account thereof, the Subgrantee, upon
notice given to it by the Grantee or any of its officers, employees, agents,
volu nteers or representatives, will pay all costs of defending the Grantee
or any of its officers, employees, agents, volunteers or representatives in
any such action or other proceeding. In the event of any settlement or any
final judgement being awarded against the Grantee or any of its officers,
employees, agents, volunteers or representatives, either independently or
jointly with the Subgrantee, then the Subgrantee will pay such settlement
or judgement in full or will comply with such decree, pay all costs and
expenses of whatsoever nature and hold the Grantee or any of its officers,
employees, agents, volunteers or representatives harmless t'herefrom.
21. INDEPENDENT PARTIES
The relationship between the Subgrantee and the Grantee is not intended
in any way to create a legal agency or employment relationship. Both
parties acknowledge that neither is an agent, partner or employee of the
Page 11 of24 Pages
other for any pu rpose. The Subgrantee shall be responsible for causing all
required insurance, workers' compensation and unemployment insurance
to be provided for all of the Su bgrantee's employees and su bcontractors.
The Subgrantee shall be responsible for all actions of the Subgrantee, its
employees, agents and any of the Subgrantee's subcontractors, and that
they are properly licensed.
22. NOTICE
Any notice, request, or demand given or required to be given under this
Agreement shall, except as otherwise expressly provided herein, be in
writing and shall be deemed duly given only if delivered personally or sent
by certified mail, return receipt requested to the addresses stated below.
To the Grantee:
Darlene L. Burcham, City Manager
Room 364, Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011
To the Subgrantee:
Theodore J. Edlich, III, President
Total Action Against Poverty
145 W. Campbell, S.W.
Roanoke, Virginia 24011
Notice shall be deemed to have been given, if delivered personally, upon
delivery, and if mailed, upon the third business day after the mailing
thereof.
23. SUCCESSORS
This Agreement shall be binding upon each of the parties, and their
assigns, purchasers, trustees, and successors.
24. ENTIRE AGREEMENT
This Agreement, including all of its Attachments, represents the entire
agreement between the parties and shall not be modified, amended,
altered or changed, except by written agreement executed by the parties.
25. AMENDMENTS
The Grantee may, from time to time, require changes in the obligations of
the Subgrantee hereunder, or its City Council may appropriate further
funds for the implementation of this CDBG rehabilitation project. In such
event or events, such changes which are mutually agreed upon by and
between the Grantee and the Subgrantee shall be incorporated by written
amendment to this Agreement.
Page 12 of24 Pages
26. GOVERNING LAW
This Agreement shall be governed by laws of the Commonwealth of
Virginia.
27. AVAILABILITY OF FUNDS
CDBG funding to be made available by the Grantee under this Agreement
is contingent upon necessary appropriations by the U.S. Congress. In the
event that sufficient fu nds are not appropriated, at the sole discretion of
the Grantee, this Agreement may be terminated in whole or in part.
28. ANTI-LOBBYING
To the best pf the Subgrantee's knowledge and belief, no federal
appropriated funds have been paid or will be paid, by or on behalf of it, to
any persons for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative
agreement. If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress
in connection with this Agreement, the Subgrantee will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe
day and year hereinabove written:
ATTEST:
FOR THE GRANTEE:
By _________________________________
Stephanie M. Moon, City Clerk
By ____________________________________
Darlene L. Burcham, City Manager
ATTEST:
FOR THE SUBGRANTEE:
Page 13 of 24 Pages
By _________________________________
Lora Brown, Asst. to the President
President
By ____________________________________
Theodore J. Edlich, III,
APPROVED AS TO CDBG ELIGIBILITY
APPROVED AS TO FORM
By _________________________________
Planning, Building & Development
By ____________________________________
Assistant City Attorney
APPROVED AS TO EXECUTION
APPROPRIATION AND FUNDS
FOR THIS CONTRACT CERTIFIED
By _________________________________
Assistant City Attorney
By ____________________________________
Director of Finance
Date
3 5-G09-0920-54 70 $ 76,000.00 (Project)
Account# 35-G09-0920-5483 $24.000.00 (Delivery)
Attachments
Attachment A - Housing/Beneficiary Reporting Elements
Attachment B - Housing/Beneficiary Demographics Report
Page 14 of24 Pages
Attachment C - Insurance Requirements
Attachment D - Special Federal Terms and Conditions
Page 15 of24 Pages
Attachment A
Housing/Beneficiary Reporting Elements
On a monthly basis, the Subgrantee shall provide a narrative report to the
Grantee summarizing progress on the project to-date. Accompanying the
narrative, the Subgrantee shall submit data in a table or spreadsheet format that
is needed in order that the Grantee may complete its required reports to HUD.
Data provided by the Subgrantee shall becumulative to date and include:
Property
Address
Number of bedrooms
Status (pending, under construction, completed or sold)
Homeowner
Name
Total family income (projected for 12 months following
determination)
Number in family
Whether head of household is disabled
CDBG funds committed to property
Prime Contractor (if applicable)
Name
Federall.D. Number (or Owner Social Security Number)
Whether Minority-Owned, Women-Owned or Both
CDBG funds committed to Prime
Subcontractor (if applicable; provide separate data for each subcontractor)
Name
Federall.D. Number (or Owner Social Security Number)
Whether Minority-Owned, Women-Owned or Both
CDBG funds committed to Subcontractor
Page 16 of24 Pages
Attachment B
Housing/Beneficiary Demographics Report
Also accompanying the monthly narrative report and the reporting elements
given in Attachment A, the Subgrantee shall provide the demographics report in
the format provided below.
DIRECT BENEFICIARY REPORT
Program / Activity Name
Reporting Period
Counts by: ___Households or _ Persons? (Check the one that applies.)
# of New Participants this Period (if
2 applicable):
3 TOTAL # BENEFITING FROM ACTIVITY:
(Beginning 07/01/09 - Ending 06/30/10)
4 RACIAL INFORMATION (cumulative to date)
White:
Black/African American:
Asian:
American Indian / Alaskan Native:
Native Hawaiian / Other Pacific Islander:
American Indian / Alaskan Native & White:
Asian & White:
Black/African American & White:
Am. Indian/Alaskan Native & Black/African Am.:
Other Multi-Racial:
TOTAL:
5 # FEMALE HEAD OF HOUSEHOLD:
6 # ELDERLY (62 and Older):
7 INCOME INFORMATION (cumulative to date)
< 80% of Median (Low Income Limit)
< 50% of Median (Very Low Income)
< 30% of Median
TOTAL:
Prepared by:_______________________________
Revised 08/25/2009
Page 17 of24 Pages
(cumulative to date)
# TOTAL
# HISPANIC
(cumulative to date)
(cumulative to date)
# TOTAL
Date Prepared: ________________
Attachment C
City of Roanoke
Subrecipient Insurance Requirements
Your attention is directed to the insurance requirements below. Particular
attention should be given to Best's Guide rating requirement listed below.
Please consult your insurance carrier(s) or broker(s) regarding the insurance as
prescribed and provided herein. Failure to comply with and maintain insurance
requirements may result in the interruption, suspension or termination of the
activities under this Agreement.
Type of Insurance Coveraqe
General Auto Liability Workers' Medical
Liability Compensation Malpractice
Required by Yes Yes Yes No
contract?
. Workers'
$1,000,000 $250,000 Compensation
Minimum Limits Combined Combined to Statutory
of Coverage Single Limit Single Limit Limits; N/A
Per $100/500/10
Occurrence Per Accident o Employers'
Liability Limit
Minimum Best's A-VII; must A-VII; must A-VII; must be
Guide Rating / be an be an an admitted N/A
Ot her admitted admitted
Requirements insurer insu rer insurer
Additional
Insured Yes N/A. N/A N/A
Endorsement
Reauired?
Waiver of Yes N/A Yes N/A
Subrogation?
Comments None
Any insurance certificates evidencing coverage for which an additional insured
endorsement is required must contain substantially the following language, 'The
City of Roanoke, its officers, agents, employees and volunteers are additionally
insured for..." Additional insured coverage must be primary and the city's
insurance program must be non-contributory.
Attachment D
Page 18 of24 Pages
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIAL TERMS AND CONDITIONS
(Agreements $10,000 or Over)
1 . "Section 3" Compliance -- Provision of Training. Employment and
Business Opportunities:
a. The work to be performed under this contract is on a project assisted
under a program providing direct Federal financial assistance from
the Department of Housing and Urban Development and is subject to
the requirements of Section 3 of the Housing and Urban Development
Act of 1968, as amended, 12 U.S.c. 170. Section 3 requires that to
the greatest extent feasible opportunities for training and
employment be given lower income residents of the project area and
contracts for work in connection with the project be awarded to .
business concerns which are located in, or owned in substantial part
by persons residing in the area of the project.
b. The parties to this contract will comply with the provisions of said
Section 3 and the regulations issued pursuant thereto by the
Secretary of Housing and Urban Development set forth in 24 CFR 135,
and all applicable rules and orders of the Department issued
thereunder prior to the execution of this contract. The parties to this
contract certify and agree that they are under no contractual or other
disability which would prevent them from complying with these
requirements.
c. The Subgrantee will send to each labor organization or representative
of workers with which he has a collective bargaining agreement or
other contract or understanding, if any, a notice advising the said
labor organization or workers' representative of his commitments
under this Section 3 clause and shall post copies of the notice- in
conspicuous places available to employees and applicants for
employment or training.
d. The Subgrantee will include this Section 3 clause in every subcontract
for work in connection with the project and will, at the direction of
the applicant for or recipient of Federal financial assistance, take
appropriate action pursuant to the subcontract upon a finding that
the contractor is in violation of regulations issued by the Secretary of
Housing and Urban Development 24 CFR Part 135. The Subgrantee
will not subcontract with any contractor where it has notice or
knowledge that the latter has been found in violation of regulations
under 24 CFR part 135 and will not let any subcontract unless the
contractor has first provided it with a preliminary statement of ability
Page 19 of24 Pages
to comply with the requirements of these regulations.
e. Compliance with the provisions of Section 3, the regulations set forth
in 24 CFR Part 135, and all applicable rules and orders of the
Department issued hereu nder prior to the execution of the contract,
shall be a condition of the federal financial assistance provided to the
project, binding upon the applicant or recipient for such assistance,
its successor and assigns. Failure to fulfill these requirements shall
subject the applicant or recipient, its Subgrantees and contractors, its
successors and assigns to those sanctions specified by the grant or
loan agreement or contract through which Federal assistance is
provided, and to such sanctions as are specified by 24 CFR Part 135.
2. EQual Employment Opportunity: Contracts subiect to Executive Order
11246. as amended: Such contracts shall be subject to HUD Equal
Employment Opportunity regulations at 24 CFR Part 130 applicable to
HUD-assisted construction contracts.
The Subgrantee shall cause or require to be inserted in full in any
non-exempt contract and su bcontract for construction work, or
modification thereof as defined in said regulations, which is' paid for in
whole or in part with assistance provided under this Agreement, the
followin'g equal opportunity clause: "During the 'performance of this
contract, the Subgrantee agrees as follows:
a. The Subgrantee will not discriminate against any employee or
applicant for employment because of race, color, religion, sex or
national origin. The Subgrantee willtake affirmative action to ensure
that applicants are employed and that employees are treated during
employment without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion ortransfer; recruitment'
or recruitment advertising; layoff or termination; rates of payor other
forms of compensation; and selection for training, including
apprenticeship. The Subgrantee agrees to post in conspicuous places
available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of this
nondiscrimination clause. '
b. The Su bgrantee will, in all solicitations or advertisements for
employees placed by or on behalf of the Subgrantee, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
c. The Subgrantee will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided by the Contract
Page 20 of24 Pages
Compliance Officer advising the said labor union or workers'
representatives of the Subgrantee's commitment under this section
and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
d. The Subgrantee will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations and
relevant orders of the Secretary of Labor.
e. The Subgrantee will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules,
regulations and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records and accounts by the
Department and the Secretary'of Labor for purposes of investigation
to ascertain compliance with such rules, regulations and orders.
f. In the event of the Subgrantee's noncompliance with the
nondiscrimination clauses of this contract or with any of such rules,
regulations or orders, this contract may be canceled, terminated or
suspended in whole or in part, and the Subgrantee may be declared
ineligible for further Government contracts or Federally-assisted
construction contract procedu res authorized in Executive Order
11246 of September 24, 1965, or by rule, regulation or order of the
Secretary of Labor, or as otherwise provided by law.
g. The Subgrantee will include the portion of the sentence immediately
preceding paragraph (A) and the provisions of paragraphs (A) through
(G) in every subcontract or purchase order unless exempted by rules,
regulations or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each contractor or vendor. The
Su bgrantee will take such action with respect to any su bcontract or
purchase order as the Department may direct as a means of enforcing
such provisions, including sanctions for noncompliance; provided,
however, that in the event a Subgrantee becomes involved in or is
threatened with litigation with a contractor or vendor as a result of
such direction by the Department, the Subgrantee may request the
United States to enter into such litigation to protect the interest of
the United States."
The Subgrantee further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it
participates in Federally-assisted construction work; provided, that if the
Subgrantee so participating is a State or local government, the above
equal opportu nity clause is not applicable to any agency, instru mentality
or subdivision of such government which does not participate in work on
or under the contract. The Subgrantee agrees that it will assist and
Page 21 of24 Pages
cooperate actively with the Department and the Secretary of Labor in
obtaining the compliance of Subgrantees and contractors with the equal
opportunity clause and the rules, regulations and relevant orders of the
Secretary of Labor; that it will furnish the Department and the Secretary of
Labor such compliance; and that it will otherwise assist the Department in
the discharge of its primary responsibility for securing compliance.
The Subgrantee further agrees that it will refrain from entering into any
contract or contract modification subject to Executive Order 11246 of
September 24, 1965, with a Subgrantee debarred from, or who has not
demonstrated eligibility for Government contracts and Federally-assisted
construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the equal opportunity clause
as may be imposed upon Subgrantees and contractors by the Department
or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive
Order. In addition, the Subgrantee agrees that if it fails or refuses to
comply with these undertakings, the Department may take any or all of
the following actions: cancel, terminate or suspend in whole or in part the
grant or loan guarantee; refrain from extending any further assistance to
the Subgrantee under the Program with respect to which the failure or
refusal occurred until satisfactory assurance offuture compliance has been
received from such Subgrantee; and refer the cause to the Department of
justice for appropriate legal proceedings.
3. Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This
Agreement is subject to the requirements of Title VI of the Civil Rights Act
of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including
the regulations under 24 CFR Part 1. In the sale, lease or other transfer of
land acquired, cleared or improved with assistance provided under this
Agreement, the Subgrantee shall cause or require a covenant running with
the land to be inserted in the deed or lease for such transfer, prohibiting
discrimination upon the basis or race, color, religion, sex or national
origin, in the sale, lease or rental, or in the use of occupancy of such land
or any improvements erected or to be erected thereon, and providing that
the Subgrantee and the United States are beneficiaries of and entitled to
enforce such covenant. The Subgrantee, in undertaking its obligation in
carrying out the program assisted hereunder, agrees to take such
measures as are necessary to enforce such covenant and will not itself so
discriminate.
4. Section 504 and Americans with Disabilities Act:
The Subgrantee agrees to comply with any federal regulation issued
pursuant to compliance with the Section 504 of the Rehabilitation Act of
1973, as amended, and the Americans with Disabilities Act, which prohibit
discrimination against the disabled in any federal assisted program.
Page 22 of24 Pages
5. Obligations of Subgrantee with Respect to Certain Third-party
Relationships: The Subgrantee shall remain fully obligated under the
provisions of the Agreement, notwithstanding its designation of any third
party or parties for the undertaking of all or any part of the program with
respect to which assistance is being provided under this Agreement to the
Subgrantee. Any Subgrantee which is not the Applicant shall comply with
all lawful requirements of the Applicant necessary to insure that the
program, with respect to which assistance is being provided under this
Agreement to the Subgrantee is carried out in accordance with the
Applicant's Assurances and certifications, including those with respect to
the assumption of environmental responsibilities of the Applicant under
Section 1 04(h) of the Housing and Community Development Act of 1974.
6. Interest of Certain Federal Officials: No member of or delegate to the
Congress of the United States, and no Resident Commissioner, shall be
admitted to any share or part of this Agreement or to any benefit to arise
from the same.
7. Prohibition Against Payments of Bonus or Commission: The assistance
provided under this Agreement shall not be used in the payment of any
bonus or commission for the purpose of obtaining HUD approval of the
application for such assistance, or HUD approval or applications for
additional assistance, or any other approval or concurrence of HUD
required under this Agreement, Title I of the Housing and Community
Development Act of 1974, or HUD regulations with respect thereto;
provided, however, that reasonable fees or bona fide technical, consultant,
managerial or other such services, other than actual solicitation, are not
hereby prohibited if otherwise eligible as program costs.
8. "Section 109": This Agreement is subject to the requirements of Section
1 09 of the Housing and Community Development Act of 1974,42 U.S.c.
3535(d). No person in the United States shall on the grou nd of race, color,
religion, sex or national origin be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds available under
this title.
9. Access to Records and Site of Employment: This agreement is subject to
the requirements of Executive Order 11246, Executive Order 1375, Civil
Rights Act of 1964, as amended. Access shall be permitted during normal
business hours to the premises for the purpose of conducting on-site
compliance reviews and inspecting and copying such book~, records,
accounts, and other material as may be relevant tot he matter under
investigation and pertinent to compliance with the Order, and the rules
and regulations promulgated pursuant thereto by the Subgrantee.
Information obtained in this manner shall be used only in connection with
Page 23 of24 Pages
\
the administration of the Order, the administration of the Civil Rights At of
1964 (as amended) and in furtherance of the purpose of the Order and
that Act. .
10. Legal Remedies for Contract Violation: If the Subgrantee materially fails
to comply with any term of this Agreement, whether stated in a Federal
statute or regulation, an assurance, in a State plan or application, a notice
of award, or elsewhere, the City may take one or more of the following
action, as appropriate in the circumstances:
a. Temporarily withhold cash payments pending correction of the
deficiency by the Subgrantee,
b. Disallow all or part of the cost of the activity or action not in
compliance,
c. Wholly or partly suspend or terminate the current Agreement, or
d. Take other remedies that may' be legally available.
Page 24 of24 Pages
']~\ot
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 2nd day of November, 2009.
No. 38638-110209.
A RESOLUTION authorizing the appropriate City officials to execute, upon certain
terms and conditions, Amendment No.1 to the 2008-2009 Community Development Block
Grant ("CDBG") and HOME Investment Partnerships Program ("HOME") Agreement with
Habitat for Humanity in the Roanoke V alley, Inc. ("Habitat"), for housing activities in the City's
Hurt Park neighborhood.
WHEREAS, by Resolution No. 38197-081808, the Council of the City of Roanoke,
Virginia ("Council") approved the execution of a Subgrant Agreement with Habitat for housing
activities in the City's Hurt Park neighborhood;
WHEREAS, by Resolution No. 38451-051109, Council approved the 2009-2010 Annual
Update to the Consolidated Plan for submission to the U.S. Department of Housing and Urban
Development ("HUD"), including additional CDBG and HOME funding for Habitat's activities;
and
WHEREAS, by Resolution No. 38505-070609 and by Budget Ordinance No.
38506-070609, Council accepted and appropriated the 2009-2010 CDBG and HOME funds.
THEREFORE, BE IT RESOLVED by Council that the City Manager, and the City Clerk,
are hereby authorized to execute and attest, respectively, on behalf of the City, Amendment No.
1 to the 2008-2009 CDBG and HOME Subgrant Agreement with Habitat, approved as to form
by the City Attorney, within the limits of futids and for the purposes as are more particularly set
forth in the City Manager's letter dated November 2,2009, to City Council.
ATTEST:
. fn,YvJ,o\V
City Clerk L
R-CDBG-Habitat for Humanity-Amend ] ,doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva,gov
November 2, 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: Amendment No.1 to the FY 2009
CDBG/HOME-funded Agreement
with Habitat for Humanity in the
Roanoke Valley, Inc. (Habitat)
Background:
Since 2002, the City has pursued a strategy offocusing Community Development Block
Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds in target
neighborhoods. The City began transitioning to Hurt Park in FY 2008 by providing over
$1.0 million of CDBG for infrastructure improvements to support the redevelopment of
the former public housing site on Salem Avenue. In FY 2009, the City's collaboration
with the community's public and nonprofit housing agencies began efforts to address
housing improvements in other areas of Hurt Park. As part of the collaborative effort,
the City's FY 2009 HUD plan approved by City Council included $384,887.00 in CDBG
and HOME funds for an agreement with Habitat to develop five (5) homes for sale to
eligible families and repair two (2) existing owner-occupied homes. The City's FY 201 0
HUD plan approved by City Council adds $615,150.00 to the Habitat agreement for
development of six (6) more homes for sale. Habitat has committed to provide over
$450,000 in cash and/or in-kind contributions toward the development of the eleven
(11) homes.
Considerations:
The $615,150.00 in additional CDBG and HOME funds for Habitat's activities were
authorized by City Council through Resolution No. 38451-051109, which approved the
FY 201 0 Annual Update to the City's HUD Consolidated Plan. The action sought by this
report will provide these funds by amending Habitat's current FY 2009 agreement. This
amendment also extends the end date of the agreement to December 31, 2011, to
Honorable Mayor and Members of City Council
November 2, 2009
Page 2
allow Habitat sufficient time to complete and sell all eleven (11) homes, and deletes the
activity to repair two (2) existing owner-occupied homes. The extended time results
from the complexities encountered in acquiring clear title to properties in Hurt Park,
which delayed transferring to Habitat the number it required to fulfill its housing
development objective. This issue is being resolved, with only three (3) more of the
eleven (11) properties remaining to be acquired and designated for Habitat. However,
to meet the December 2011 production deadline, Habitat has asked that approximately
2.5% of the funds be available to hire additional part-time project staffing to manage
the volunteer work crews that must be scheduled. Habitat has not previously asked for
or received overhead funding assistance under the agreement.
With respect to eliminating the owner-occupied housing repairs, Habitat has not in the
past pursued such activities. The activity was included in the original agreement to
offer Habitat an opportunity to determine if this type of housing assistance was one in
which the agency might play an ongoing role. However, upon further consideration,
Habitat believes that the repair of existing owner-occupied units is not an activity for
which it is suitably structured and has asked to be released from the activity. The City
is agreeable to this, since both TAP and Rebuilding Together Roanoke are providing
such repair assistance in Hurt Park and the only homeowner that had inquired about
such assistance from Habitat can be assisted through these other means. Of the
$50,000 CDBG funds budgeted for owner-occupied housing repairs, $25,000 will be
used for the overhead costs assistance Habitat has requested, with the remaining
$25,000 to provide for construction contingencies.
Recommended Action:
Authorize the City Manager to execute Amendment No. 1 to the 2008-2009
CDBG/HOME Agreement with Habitat, similar in form and content to the draft attached
to this letter, and approved as to form by the City Attorney.
Respectfully submitted,
Darlene L. Bur.
City Manage~
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
Thomas N. Carr, Director of Planning, Building and Development
Frank E. Baratta, Budget Team Leader
CM09-00192
AMENDMENT No.1
This Amendment No.1 is made and entered into as of November 2,2009, by and between the City of Roanoke
(AGrantee@) and Habitat for Humanity in the Roanoke Valley, Inc. ("Subgrantee").
WIT N E SSE T H:
WHEREAS, by Resolution No. 38197-081808, Council approved the execution of a Subgrant Agreement
("Agreement") between the Grantee and the Subgrantee; and
WHEREAS, by Resolution No. 38451-051109, the Council of the City of Roanoke, Virginia, ("Council")
approved the 2009-2010 Annual Update to the Consolidated Plan for submission to the U.S. Department of
Housing and Urban Development ("HUD"), including additional funding for the Subgrantee's Hurt Park housing
activities to be assisted with Community Development Block Grant ("CDBG") and HOME Investment
Partnerships Program ("HOME") funds; and
WHEREAS, by Resolution No. _-091102, Council approved the execution of Amendment No.1 to the
Agreement between the Grantee and the Subgrantee; and
NOW, THEREFORE, the parties hereto mutually a~ee as follows:
1. Section 1., "SCOPE OF SERVICES," subsection b., "Use of CDBG and HOME Funds," subpart (3),
"Owner-Occupied Housing Rehabilitation," is hereby deleted from the Agreement and subsequent subparts
of subsection b. are re-numbered accordingly.
2. Section 1., "SCOPE OF SERVICES," subsection c., "Performance Expectations," subpart (2), "Specific
Quantifiable Objectives," shall be revised to increase the number of home buyer units developed and to
delete the performance objective related to owner-occupied homes, and shall now read:
* * * * *
(2) Specific Quantifiable Objectives:
I
· By December 31, 2011, the Subgrantee shall complete the development of at least eleven (11)
single- family homes and their sale to eligible homebuyers.
* * * * *
3. Section 1., "SCOPE OF SERVICES," subsection f, "Period ofthis Agreement," shall be revised to extend
the end date ofthe Agreement and shall now read:
* * * * *
f Period ofthis Agreement - This Agreement shall be effective as ofJuly 1, 2008, and, unless amended,
shall end December 31, 2011.
* * * * *
Page 1 of4
4. Section 1., "SCOPE OF SERVICES," subsection h., "Subgrantee Investment," shall be revised to increase
the amount of such investment and shall now read:
* * * * *
h. Subgrantee Investment - In consideration ofthe in-kind or cash resources that the Subgrantee, as part
of the Partnership proposals to the Grantee, indicated would be made available to the project, it is
understood that the value ofthis investment in the project by the Sub grantee from such other resources
is shall be $450,665.00.
* * * * *
5. Section 8., "MONITORING," subsection a., shall be revised to clarifY activities which may be considered'
monitoring by the Grantee to conform with the Compliance Supplement to federalOMB Circular A-133,
and shall now read:
* * * * *
a. The Subgrantee shall monitor the progress ofthe project covered by this Agreement, and shall submit
appropriate reports to the Grantee's Department of Planning, Building and Development. In addition,
during the period of this Agreement the Grantee shall monitor the Subgrantee's performance and
financial and programmatic compliance as part of disbursement processing and other desk reviews, on-
site reviews and/or other means, as appropriate,
* * * * *
6. Section 9., "ANNUAL A UD IT," shall be revised to clarifY audit requirements applicable to the Subgrantee
to conform with federal OMB Circular A-133, and shall now read:
* * * * *
9. ANNUAL AUDIT
Pursuant to City Council policy adopted under Resolution No. 37281-010306, nonprofit entities
existing for at least two years and with an annual budget exceeding $50,000 are required to perform an
annual independent audit. As such, the Subgrantee is subject to this audit requirement. In addition, as
an entity expending more than $500,000 in federal funding in a fiscal year, the Subgrantee is required to
undergo an annual independent audit conforming to the requirements 0 f federal 0 MB Circular A -133.
To the extent pennitted by the budget ofthis Agreement, the increase in the Subgrantee's audit costs
attributable to this requirement are allowable costs under this Agreement. The independent audit
required for federal purposes satisfies both the Council and federal requirements. The audit shall be
submitted to the Grantee within the timeframes specified by the federal circular.
:I< * * * *
7. Section 11., "OTHER PROGRAM/PROJECT REQUIREMENTS," subsection a., "Maximum per-unit
subsidy amount and subsidy layering," shall be revised to conform with increased subsidy amounts issued
by HUD, and shall now read: -
Page 2 of4
* * * * *
a. Maximum per-unit subsidy amount and subsidy layering - The total amount of HOME funds invested, '
shall under no circumstances exceed $138,161 for a one-bedroom unit, $168,004 for a two-bedroom
unit, $217,341 for a three-bedroom unit, and $238,575 for a unit with four or more bedrooms.
However, as set forth in section l.h., it is expected that the Subgrantee shall contribute the indicated
minimum investment to the development of the properties provided for under this Agreement, which
shall reduce the amount of HOME assistance per unit. Further, in accordance with 24 CFR 92.250,
HOME funds invested in combination with other governmental assistance shall not exceed the amount
necessary to provide affordable housing.
* * * * *
8. The CDBG and HOME funding made available by the Grantee under this Agreement shall be increased by
$615,150.00 to a total of$I,000,037, in accordance with the revised Attachment A, "2008/2009 Habitat
Hurt Park Agreement Financial Accounts," included with this Amendment No.1.
The Agreement, dated July 1, 2008, shall remain unchanged in all other terms and provisions.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.1 as of the day and year
hereinabove written:
ATTEST: FOR THE GRANTEE:
By By
Stephanie M. Moon, City Clerk Darlene L. Burcham, City Manager
ATTEST: FOR THE SUBGRANTEE:
By By
Steve Kessing, Secretary of the Board Karen L. Mason, Executive Director
APPROVED AS TO CDBG/HOME ELIGIBILITY APPROVED AS TO FORM
Dept. of Planning, Building and Development Assistant City Attorney
APPROPRIATION AND FUNDS REQUIRED
APPROVED AS TO EXECUTION FOR THIS CONTRACT CERTIFIED
Assistant City Attorney Director of Finance
Date
Account #
(See Attachment A)
Page 3 of4
Attachment A
2008-2009 Habitat Hurt Park Agreement
Financial Accounts
Funds Account No. Description Project Funds Delivery Total
Funds
Activity: Development of Homebuyer Housing
CDBO 35-007-0720-5549 Habitat Hurt Park Housing $25,000 $25,000
CDBO 35-007-0720-5532 Habitat Hurt Park Housing $5,000 $5,000
CDBO 35-009-0920-5532 Habitat Hurt Park Housing $50,000 $50,000
CDBO 35-0 I 0-1 020-5532 Habitat Hurt Park Housing $63.500 $63.500
CDBO Subtotal $118,500 $25,000 $143,500
HOME 35-090-5313-5532 Habitat Hurt Park Housing $93,459 $93,459
HOME 35-090-5364-5532 Habitat Hurt Park Housing $78,440 $78,440
HOME 35-090-5368-5527 Habitat Hurt Park Housing (Rehab Reserve) $50,000 $50,000
HOME 35-090-5368-5532 Habitat Hurt Park Housing $207,651 $207,651
HOME 35-090-5370-5532 Habitat Hurt Park Housing $426.987 $426.987
HOME Subtotal $856,537 $856,537
Total CDBO and HOME Funds $975,037 $25,000 $1,000,037
Page 4 of4
. '"
O?G
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 2nd day of November, 2009.
No. 38639-110209.
AN ORDINANCE providing for the acquisition of certain easements needed by the City to
provide for a bench cut in connection with the Roanoke River Flood Reduction Project; and
dispensing with the second reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. To provide for a bench cut in connection with the Roanoke River Flood Reduction
Project, the City wants and needs an access easement. for purposes of ingress and egress over
property owned by Virginia Scrap Iron and Metal Company, Inc., designated as Tax Map Nos.
10410201, 1510101 and 1510103, and a construction easement for the purpose ofconstructing and
maintaining flood control improvements over certain property owned by Norfolk Southern Railway
Company, as more fully described in a letter ofthe City Manager to City Council dated November 2,
2009. All requisite documents shall be in a form approved by the City Attorney.
2. The City Manager is directed on behalf of the City to offer the landowners such
consideration for the easements as deemed appropriate; provided, the total consideration offered or
expended and any and all necessary closing costs shall not exceed one dollar ($1.00), without further
authorization of Council. Upon the acceptance of an offer and upon delivery to the City of such
easements, approved as to form and execution by the City Attorney, the Director of Finance is
directed to pay the consideration to the owners of the easements conveyed, certified by the City
Attorney to be entitled to the same.
,
'. ,.
3. Pursuant to the provisions of Section 12 of the City Charter, thesecondreadingofthis
ordinance by title is hereby dispensed with.
ATTEST:
~rY).Mbar-J
City Clerk. V
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S. W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva,gov
November 2, 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: Roanoke River Flood Reduction
Project - Acceptance of
Easements from Norfolk Southern
and Virginia Scrap Iron and Metal
Company, Inc.
Background:
The City and U.S. Army Corps of Engineers, (USACE) are preparing documents
for a November invitation to bid for the construction of a benchcut in the
Norwich area. The benchcut is located on Norfolk Southern property. The
benchcut's only form of access from the City right of way system is through
parcels owned by Virginia Scrap Iron and Metal Company, Inc. The two
attached deeds of easement allow for the benchcut construction on Norfolk
Southern property and allow for access through Virginia Scrap Iron and Metal
Company, Inc. property.
The deeds of easement are substantially similar to the draft Deeds attached to
this letter, which deeds shall be approved as to form by the City Attorney.
Recommended Action:
Authorize the City Manager to accept and record, and the City Clerk to attest,
respectively, on behalf of the City of Roanoke, the Norfolk Southern deed of
,
Honorable Mayor and Members of City Council
November 2, 2009
Page 2
easement substantially similar to the one attached to this letter, and any
documentation required by the USACE and to take further action and execute
such- other documents as may be necessary for USACE approval of the flood
reduction project, with such documents to be approved as to form by the City
Attorney.
Authorize the City Manager to execute and record, and the City Clerk to attest,
respectively, on behalf of the City of Roanoke, the Virginia Scrap Iron and Metal
Company, Inc. deed of easement substantially similar to the one attached to
this letter, and any documentation required by the USACE and to take further
action and execute such other documents as may be necessary for USACE
approval of the flood reduction project, with such documents to be approved as
to form by the City Attorney.
Respectfully subm'
~
Darlene L. Burc
City Manager
DLB/LEP /1 m b
Attachments
c: William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
Ann H. Shawver, Director of Finance
Robert K. Bengtson, PE, Director of Public Works
Philip C. Schirmer, PE, LS, City Engineer
CM09-00197
(
/
~
Exemption claimed: Grantee is exempted from recordation taxes
and fees pursuant to '58.1-11A(3), Code of Virginia.
Prepared by the Office of the City Attorney
Official Tax Nos. 1410201, 1510101, 1510103
Property Owner: Virginia Scrap Iron and Metal Company, Inc.
THIS DEED OF EASEMENT, dated this _ day of
, 2009, by and
between VIRGINIA SCRAP IRON AND METAL COMPANY, INC., ("Grantor") and the CITY
OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the
Commonwealth of Virginia ("Grantee"),
WIT N E SSE T H:
THAT, FORAND IN CONSIDERATION of the sum of ONE AND NO/lOO DOLLARS
($1.00), cash in hand paid by the Grantee to Grantor, receipt of which is hereby acknowledged, and
for other good and valuable consideration, Grantor does hereby GRANT AND CONVEY to
Grantee, the following described access easement, said easement being over, through and across
real estate lying in the City of Roanoke, Virginia, bearing Official Tax Map Nos. 1410201,1510101
and 1510103 ( collectively the "Property") to wit:
AN ACCESS EASEMENT, twenty four feet (24') in width, containing 15,461 sq.ft.,
more or less, for purposes of ingress and egress, in connection with the Roanoke River
Flood Reduction Project, by Grantee over certain property owned by Grantor, as further
shown and described on the plat entitled "New 24' Access Easement Across Tax Nos.
1410201, 1510101 and 1510103, Property of Virginia Scrap Iron and Metal Company, Inc.,
(Deed Book 1093, Page 485) prepared for The City of Roanoke, Virginia, situated at the
Terminus of Korte Street SW" located in City of Roanoke, Virginia" and dated July 16,
2009, prepared by Lumsden Associated, on file in the City Engineer's Office for the City
of Roanoke, Virginia, a copy of which is attached hereto and incorporated by reference
herein
(the "Easement").
C:\DOCUME-l\CMJB lILOCALS-1\TEMPINOTESFFF692\-1245136.DOC
1
~
SUBJECT TO the right of the Grantor and Grantor's successors and/or assigns to relocate
the Easement. The Grantor and Grantee acknowledge that the location of the Easement,
shall not be relocated, if at all, until after March 1, 2011. After March 1, 2011, the parties
acknowledge and agree that Grantor and Grantor's successors and/or assigns shall have the
right to relocate the Easement, in its sole discretion, to another location on the Property, in
order to accommodate use and/or development of the Property, provided that such relocation
by the Grantor or Grantor's successors and/or assigns, shall not interfere with Grantee's use
of the Easement. All costs associated with any such relocation of the Easement shall be the
sole responsibility ofthe Grantee, its successors and/or assigns.
The easement conveyed herein shall run with the land and be binding upon the successors
and assigns of the parties hereto. This easement is subject to all covenants, conditions, restrictions,
and other easements of record insofar as they may affect this easement.
To have and to hold unto the Grantee, its successors and assigns forever.
WITNESS the following signatures and seals:
GRANTOR:
VIRGINIA SCRAP IRON AND METAL
COMPANY, INC.
By
Printed Name:
Title:
(SEAL)
COMMONWEALTH OF VIRGINIA
, To-wit:
The foregoing instrument was acknowledged before me this _day of
2009, by the of Valley Scrap Iron and Metal
Company, Inc, for and on behalf of the company.
My Commission expires:
Notary Public
C:\DOCVME-I \CMJB I ILOCALS-l \ TEMPINOTESFFF692\-1245136.DOC
2
,.' \
'.
Approved as to Form
Assistant City Attorney
~
C:IDOCUME-IICMJB I ILOCALS-] ITEMPINOTESFFF6921-1245136.DOC
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LUMSDEN ASSOCIATES, P.C.
ENGlNEERS-SURVEYORS-PLANNERS
ROANOKE, VIRGINIA
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4664 BRAM8LETON AVENUE, SW
P.O. BOX 20669
ROANOKE, V1RQNIA 24018
PHONE: (540177+4411
FAX: (540) 772-9445
E-MAIL: MAlL@LUMSDENPC.OOM
,
This instrument prepared by:
Jerry L. Causey
Attorney at Law
Norfolk Southern Corporation
1200 Peachtree Street, NE
Atlanta, Georgia 30309
/
No Tax Map Number Assigned
DEED OF EASEMENT
.Au THIS DEED OF EASEMENT, made and entered into tlus 1m day of
lilt!;,. , 20.t2L, by and between NORFOLK SOUTHERN RAILWAY
COMPANY, a corporation organized and existing under the laws of the Commonwealth of
Virginia, having its principal office in Norfolk, Virginia, Grantor, and the CITY OF
ROANOKE, Virginia, Grantee:
WITNESSETH: That the said Grantor, for and in consideration of the sum of ONE
DOLLAR ($1.00), and other valuable consideration, paid by Grantee to Grantor, the receipt
whereof is hereby acknowledged, does by these presents, GRANT unto Grantee, easements or
rights of way for the purpose of constructing and maintaining flood control improvements in
connection with the Roanoke River Flood Protection Project over, across and upon the land in
the City of Roanoke, Virginia, as described on Exhibit A, attached hereto and made a part hereof.
SUBJECT, however, to such easel11ents and reshictions as may appear of'record or as
may' be apparent fi'om an examination of the premises.
RESERVING, however, unto Grantor its affiliates, subsidiaries, parent corporations,
successors, assigns, licensees and lessees the light to continue to maintain, repair, renew and
operate a railroad and appulienances across the easement area and to construct such additional
track(s) and other railroad facilities across said easement area and to maintain, repair, renew and
operate the sanie as in the judgment of Grantor, its affiliates, subsidiaries, parent corporations,
successors, assigns, licensees and/or lessees may be requisite. Grantor understands and
acknowledges that the easement granted herein is being provided to the Grantee in connection
with the Roanoke River Flood Reduction Project which will require the easement area to be .
excavated as a bench cut, and that as a condition to receipt of federal monies by the Grantee,
limits have been imposed by the U. S. Corps of Engineers on what types of construction and
structures may be commenced or built within the easement area. Accordingly, Grantor
acknowledges and agrees that it will not commence or cause to be commenced any construction
or installation of any structure within the easement area that will cause the Excavated area within
the easement to be filled in by any material.
,
RESERVING, fmiher, unto Grantor, its affiliates, subsidiaries, parent corporations,
successors, assigns, licensees and/orJessees the right to install, construct, locate, maintain, repair
and renew any fiber optic communications lines and associated structures and facilities related
thereto across, under or over said easement area and to maintain, repair, renew and operate the
same as in the judgment of Grantor, its affiliates, subsidiaries, parent corporations, successors,
assigns, licensees and/or lessees may be requisite.
TO HAVE AND TO HOLD the above described easement unto Grantee, its successors
and assigns, so long as it or they may require the same for the purposes granted; PROVIDED,
however, that this conveyance is made by Grantor upon the conditions:
(a) Prior to entry on the propelty described on Exhibit A, Grantor's Division
Engineer at Roanoke, Virginia, shall be given at least forty-eight (48) hours' advance notice
before entry upon the propeliy. The Division Engineer is Mr. Scott Snow, whose telephone
number is (540) 981-4274.
(b) All reasonable care shall be exercised and such precautions taken as said Division
Engineer, or his authorized representative, may deem necessary to protect Grantor's facilities,
propeliy and operations. Grantor reserves the light to place watchmen, flagmen, inspectors and
supervisors for protection purposes during the operations hereunder and the expense thereof,
including the expense of any material fumished, shall be promptly paid by Grantee upon receipt
of Grantor's bill therefor. In addition to direct wage and material cost, such expense shall
include, but shall not be limited to, cost of supervision, traveling expenses, Federal Railroad
Retirement and Unemployment Taxes, vacation allowances and all other expense incidental
thereto.
( c) Grantor shall not be required to assume any expense in connection with or
incident to any construction, maintenance, use or repair of any facilities located within said
easement area and shall be exempt fi'om any and all cl:).arges, costs or assessments of any kind or
character on account of the construction, maintenance, use or repair of any facilities located
within said easement area under and across the aforesaid parcel of land or adjacent propeliy of
Grantor.
(d) If, at any time, the easement herein granted or any part thereof, shall no longer be
used or required by Grantee, its successors, or assigns, for the purposes which granted, the same
shall tenninate and Grantee, its successors or assigns, shall execute such instruments as now
provided or as may be hereinafter provided by law to clear title to the aforesaid propeliy.
( e) Upon tell11ination of the easement for any reason, Grantee shall remove all
facilities placed within the easement area and restore the property to a condition acceptable to
Grantor's chief engineeIing officer.
- 2-
,
IN WITNESS WHEREOF, the said Grantor, has caused these presents to be signed by its
Assistant Vice President - Real Estate as of the day and year first above written.
NORFOLK SOUTHERN RAILWAY COMPANY
By
r-:p. . CaM~
Assistant Vi President - Real Estate
STATE OF GEORGIA )
)
COUNTY OF FULTON )
Before me, a Notary Public in and for the said County, personally appeared P. G. Carroll,
known to me to be the person who, as Assistant Vice President - Real Estate of Norfolk Southern
Railway Company, the corporation which executed the foregoing instrument, signed the same, .
and acknowledged to me that she did so sign said instrument in the name and upon behalf of said
corporation as such officer; that the same is her free act and deed as such officer, respectively,
and the free and corporate act and deed of said corporation; and that she is duly authorized
thereunto by its Board of Directors.
IN TESTIMONY WHEREOF, I have hereunt~ subscribed my name, and affixed my
official seal, at Atlanta, Georgia, this 1m- day of A IA &US( ,2009.
My commission expires: I z../ '30 !2/)I'Z.....
t:~cI&j.~
Notary Public
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EXHIBIT A
All of that strip, piece or parcel of land situate, lying and being in the City of Roanoke, Virginia, and being
more particularly described as follows:
Commencing at an existing Iron Pin at the westerly intersection of Korte Street, SW and the
northerly 100' right-of-way line of Norfolk Southern Railway Company (Valuation Map V-10-VAjS.L.5-
S.L.6), said point also being a corner of the property of Virginia Scrap Iron and Metal Company, Inc.
recorded in Deed Book 1093, Page 485, thence with said Norfolk Southern Railway Company (Valuation
Map V-l0-VAjS.L.5-S,L.6) lOa' right-of-way line, the following three (3) courses; with a curve to right,
with a delta angle 0/6024'51", a radius 0/3,157.23', passing a common corner ofthe aforesaid Korte
Street, SW and the property of Concrete Pipe & Products Company, Inc., recorded in Deed Book 1499,
Page 862, at an arc length 0/21.88', in all a total arc Je~gth of 353.45', having a chord of N64055'28"E,
353.27' to a point; thence continuing with said common line, N58051'06"E, a distance of 59.38', to a
point, being the common corner of the said properties of Concrete Pipe & Products Company, Inc.
(Deed Book 1499, Page 862) and Virginia Scrap Iron and Metal Company, Inc. (Deed Book 1093, Page
485); thence leaving said property of Concrete Pipe & Products Company, Inc. (Deed Book 1499, Page
862) and with said property of Virginia Scrap Iron and Metal Company ,Inc. (Deed Book 1093, Page
485), N68058'55"E, passing a common corner of the said property of Virginia Scrap Iron and Metal
Company, Inc. (Deed Book 1093, Page 485) and the property of Virginia Scrap Iron and Metal Company
,Inc., recorded in Deed Book 1388, Page 506, at 33.31', in all a total distance of 358.31', to a point,
being the southeasterly corner of the said property of Virginia Scrap Iron and Metal Company ,Inc.
(Deed Book 1388, Page 506) and Norfolk Southern Railway Company, recorded in Deed Book 891, Page
440 and lying on the edge of the Roanoke River (at its present location)j thence with the common line
of the said property of Virginia Scrap Iron and Metal Company, Inc. (Deed Book 1388, Page 506) and
Norfolk Southern Railway Company (Deed Book 891, Page 440) and the edge of the Roanoke River (at
its present location) the following two (2) courseSj thence N44010'05"W, a distance of 325.00', to a
point; thence NSso46'35"W, a dist~nce of 177.32', to a point being the common corner ofthe said
properties of Virginia Scrap Iron and Metal Company, Inc. (Deed Book 1388, Page 506) and Norfolk
Southern Railway Company (Deed Book 891, Page 440) and the property of Norfolk Southern Railway
Company (Deed Book 663, Page 109, City and Deed Book 283, Page 238, Roanoke County) and the
actual POINT of BEGINNING, designated as Corner #1, on a Plat prepared by Lumsderi Associates,
,
PC, titled "Plat Showing the Subdivision of the property of Norfolk Southern Railway Company D. B. 663,
Pg. 109 (City), D.B. 281, Pg. 23 (County), D.B. 283, Pg. 238 (County), Creating hereon New Tract "C"
(4.7617 Ac.), situated along the Roanoke River and north of Roanoke Ave., S.W. City of Roanoke,
Virginia;
Thence leaving the said property of Norfolk Southern Railway Company (Deed Book 891, Page 440)
and with the common line ofthe properties of Virginia Scrap Iron and Metal Company ,Inc. (Deed Book
1388, Page 506) and the property of Norfolk Southern Railway Company (Deed Book 663, Page 109,
City and Deed Book 283, Page 238, Roanoke County) ,and the herein described tract, S 69007'55" W,
passing an existing iron pin at 205.30', said point being the common corner of the said properties of
Virginia Scrap Iron and Metal Company, Inc. (Deed Book 1388, Page 506) and Virginia Scrap Iron and
J
Metal Company, Inc. (Deed Book 1093, Page 485) and lying on the easterly side of the old mill race;
leaving Norfolk Southern Railway Company (Deed Book 663, Page 109, City and Deed Book 283, Page
238, Roanoke County) and continuing with Virginia Scrap Iron and Metal Company (Deed Book 1093,
Page 485), passing the easterly side of the old mill race at 232.71', and continuing with Virginia Scrap
Iron and Metal Company (Deed Book 1093, Page 485) and with Norfolk Southern Railway Company
(Deed Book 281, Page 23, Roanoke County), passing the westerly side of the old mill race at 1157.80',
and leaving Norfolk Southern Railway Company (Deed Book 281, Page 23, Roanoke County) and
continuing with Virginia Scrap Iron and Metal Company (Deed Book 1093, Page 485), passing the
westerly side of the old mill race at 1185.48', continuing with Virginia Scrap Iron and Metal Company
(Deed Book 1093, Page 485) and with Norfolk Southern Railway Company (Deed Book 663, Page 109,
City and Deed Book 283, Page 238, Roanoke County) , passing an existing iron pin at a distance of
1207.48', said point being the common corner of the said properties of Virginia Scrap Iron and Metal
Company, Inc. (Deed Book 1093, Page 485) and Samuel Golden, recorded in Deed Book 1608, Page
1934, and the property of Norfolk Southern Railway Company (recording information unknown),
leaving Norfolk Southern Railway Company (Deed Book 663, Page 109, City and Deed Book 283, Page
238, Roanoke County) and continuing with Samuel Golden (Deed Book 1608, Page 1934) and Norfolk
Southern Railway Company (recording information unknown), in all a total distance of 1316.47' to a
point, Corner #2, said point lying on the southerly edge of the Roanoke River (at its present location);
thence leaving the said property of Samuel Golden (Deed Book 1608, Page 1934) and with new lines
through the said properties of Norfolk Southern Railway Company (recording information unknown)
and Norfolk Southern Railway Company (Deed Book 663, Page 109, City and Deed Book 283, Page 238,
,
, "
Roanoke County) and Norfolk Southern Railway Company (Deed Book 281, Page 23(Roa noke County),
being a common line with the said southerly edge of the Roanoke River (at its present location) and
the herein described tract the following eleven (11) courses; thence N Or-l0'-OaN E, a distance of
73.16', to a point, Corner #3; thence N 38"_45'_31" E, a distance of 112.99', to a point, Corner #4;
thence N 44048'.30" E, a distance of 94.68', to a point, Corner #5; thence, N 5r.51'.24" E, a distance
of 106.27', to a point, Corner #6; thence, N 680.11'-05" E, a distance of 117.24', to a paint, Corner #7;
thence, N 680-18'.16" E, a distance of 187.97', to a point, Corner #8; thence, N 700-17'.31" E, a
distance of 95.67', to a point, Corner #9; thence, N 640.15'.16" E, a distance of 164.99', to a point,
Corner #10; thence, N 760.14'-02" E, a distance of 240.53', to a point, Corner #11; thence, S 870.39'.
35" E, a distance of 54.26', to a point, Corner #12; thence, S 64".31'.00" E, a distance of 203.30', to a
point, Corner #1, the POINT of BEGININNG, containing 4.7617 Acres, more or less.
Subject, however to, any encumbrances apparent or of record.
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
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
CECELlA T, WEBB
Assistant Deputy City Clerk
November 5, 2009
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 38640-110209 amending and
reordaining Section 21-109, Regulation of teenage dance halls or teenage
niqhtclubs. Article VI, Teenage Dance Halls and Teenage Nightclub, of
Chapter 21 , Offenses-Miscellaneous, Code of the City of Roanoke (1979),
as amended; pertaining to regulation of teenage dance halls.
The abovereferenced measures were adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, November 2,2009, and
is in full force and effect upon its passage.
Sincerely,
~~\'Y).~
Stephanie M. Moon, CMC
City Clerk
Enclosu re
K:\Agenda Correspondence\November 2, 2009\November 22, 2009,doc
Municipal Code Corporation
November 5, 2009
Page 2
pc: Mr. Stark Jones, 2328 Melrose Avenue, N. W., Roanoke, Virginia
24016
The Honorable Sherman A. Holland, Commissioner of the Revenue
The Honorable Evelyn W. Powers, Treasurer
The Honorable Brenda S. Hamilton, Clerk, Circuit Court
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, juvenile and Domestic Relations District
Court
Chief Magistrate, Office of the Magistrate
Lora A. Wilson, Law Librarian
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
A. L. Gaskins, Chief of Police
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
Cecelia R. Webb, Assistant Deputy City Clerk
K:\Agenda Correspondence\November 2, 2009\November 22, 2009,doc
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 2nd day of November, 2009.
No. 38640-110209.
AN ORDINANCE amending and reordaining Section 21-198, Regulation of
teenage dance halls or teenage nightclubs, Article VI. Teenage Dance Halls and Teenage
Nightclubs, of Chapter 21, Offenses-Miscellaneous, Code of the City ofl~,:oanoke (1979),
as amended; pertaining to regulation of teenage dance halls; 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 21-198, Regulation of teenage dance halls or teenage nightclubs,
Article VI. Teenage Dance Halls and Teenage Nightclubs, of Chapter 21, Offenses-
Miscellaneous, Code of the City of Roanoke (1979), as amended, is hereby amended and
reordained to read and provide as follows:
Sec. 21-198. Regulation of teenage dance halls or
teenage nightclubs.
* * *
(3) The presence. of persons under the influence of
alcohol or other self-administered drugs, narcotics
or controlled substances on the premises of said
teenage dance hall or teenage nightclub, or, except
as provided in subsection (4) below, the presence of
alcohol, drugs, narcotics, controlled substances, or
drug paraphernalia on the premises of said teenage
dance hall or teenage nightclub shall be grounds for
the automatic.. Flnd immediate revocation of the
permit to conduct or operate a teenage dance hall or
teenage nightclub. Upon the discovery of any
person in possession of alcohol, drug paraphernalia,
narcotics, drugs, controlled substances, or persons
under the influence of any of the same on the
K\Spencer\Measures\Ordinance amending Teenage Dance Hall regulations,doc
1
premises of said teenage dance hall or teenage
nightclub, the city manager, assistant city manager,
chief of police, or his agent may cause all persons in
the teenage dance hall or teenage nightclub. to
vacate the premises and may close the teenage
dance hall or teenage nightclub.
(4) Any person engaged in the business of operating a
teenage dance hall or teenage nightclub wh;o also
has a license to sell alcohol from the Alcoholic
Beverage Control Board for the same premises
must lock and secure such alcohol in such a manner
as prescribed by the chief of police, or his agent
during the operating hours of the teenage dance
hall or teenage nightclub. In addition, any person
engaged in the business of operating a teenage
dance hall or teenage nightclub who also has a
license to sell alcohol from the Alcoholic Beverage
Control Board for the same premises shall have at
least two (2) off-duty law enforcement officers to
serve as security both inside and outside the
building during the operating hours of the teenage
dance hall or teenage nightclub.
(54) Any person issued a permit to conduct a teenage
dance hall or teenage nightclub shall be given a
copy of these regulations and shall sign for and
acknowledge receipt of such copy.
(6~) No individual to whom a permit to operate a
teenage dance hall or teenage nightclub has been
,issued, nor any employee of said teenage dance hall
or teenage nightclub shall in any way hinder any
fire prevention or law enforcement officer who
wishes to inspect the premises of said teenage dance
hall or teenage nightclub at any time said teenage
dance hall or teenage nightclub is open.
(76) The operator of any teenage dance hall or teenage
nightclub shall provide adequate security to protect
patrons from physical harm and to prohibit the entry
upon the premises of alcohol, drugs, narcotics or
other controlled substances and weapons as defined
. by section 18.2-309, A., Code of Virginia (1950), as
amended.
K:\Spencer\Measures\Ordinance amending Teenage Dance Hall regulations,doc
2
1 f..
(8'+) A copy of these regulations shall be posted in a
prominent location inside the building or premises
wherein a teenage dance hall or teenage nightclub is
operated.
f8)(9} Any person violating the provisions of this section
shall be guilty of a Class 3 misdemeanor.
2. Pursuant to Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
. tv). hllN
City Clerk. ~
K:\Spencer\Measures\Ordinance amending Teenage Dance Hall regulations,doc
3
CITY OF ROANOKE
OFFICE OF CITY AITORNEY
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: cityally@roanokeva,gov
October 28, 2009
TIMOTHY R. SPENCER
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
HEATHER P. FERGUSON
ASSISTANT CITY ATTORNEYS
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Teenage Dance Halls and Night Clubs
Dear Mayor Bowers and Members of City Council:
During its October 22, 2009, meeting Council requested that I prepare an ordinance that
would amend ~21..198, Regulations of teenage dance halls or teenage nightclubs, to permit such
clubs to operate on premises where alcohol is stored, as long as the alcohol is secured and not
made available to attendees of events at such clubs. Mr. Spencer of my office has worked with
the City Manager's Office and the Police Department to prepare the attached ordinance for your
consideration. The ordinance provides that any such club operating on the premises of a facility
that has an ABC license have at least two off-duty law enforcement officers on the premises.
Although I do not have any details, I understand that some may have concerns with the
proposed ordinance. The City Manager is following up on this.
Please let me know if you have any questions about this matter. (I will be in Virginia
Beach October 29 - 31 at a legal conference.).
With kindest personal regards, I am
Sincerely yours,
~JJ- ~
William M. Hackworth
City Attorney
WMH/trs/lsc
c: Darlene L. Burcham, City Manager
Ann H. Shawver, Director of Finance
Stephanie M. Moon, City Clerk
Joe Gaskins, Police Chief
Mr. Stark Jones, 2328 Melrose Avenue, Roanoke, VA 24016
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
JONATHAN E, CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T, WEBB
Assistant Deputy City Clerk
November 4, 2009
Aaron M. Copeland
606 Walnut Avenue
Roanoke, Virginia 24016
Dear Mr. Copeland:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, November 2,2009, you were appointed to replace Anne Beckett, as a
member of the Architectural Review Board, for a term commencing November 2,
2009 and ending October 1,2013.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. w.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were appointed. .
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires that
you be provided with a copy within two weeks of your appointment and each
appointee is required "to read and become familiar with provisions of the Act."
L:\CLERK\DAT A\CKEWI \oath and leaving servicelarchitectural review board\Aaron M Copeland oath 09,doc
.'-.,..
Mr. Aaron M. Copeland
November 4, 2009
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve the City of Roanoke as a member of
the Architectural Review Board.
Sincerely,
~rn.~w
Stephanie M. Moon, CMC
City Clerk
Enclosures
pc: Martha P. Franklin, Secretary, Architectu ral Review Board/w application
Jonathan E. Craft, Deputy City Clerk
L:\CLERK\DAT A\CKEWl \oath and leaving servicelarchitectural review board\Aaron M Copeland oath 09,doc
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular
meeting of Council which was held on the second day of November 2009,
Aaron M. Copeland was appointed to replace Anne Beckett as a member of the
Architectural Review Board, for a term commencing November 2, 2009 and
ending October 1, 2013.
Given under my hand and the Seal of the City of Roanoke this fourth day of
November 2009.
J;;tJ-6~}'t4). h1 /)~
City Clerk ~
L:\CLERK\DAT A\CKEWI \oath and leaving service\architectural review board\Aaron M Copeland oath 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
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
CECELIA T, WEBB
Assistant Deputy City Clerk
November 4, 2009
Ms. Alison S. Blanton
1701 Arlington Road, S. W.
Roanoke, Virginia 2401 5
Dear Ms. Blanton:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, November 2, 2009, you were reappointed as a member of the
Architectural Review Board, for a four-year term ending October 1, 2013.
Enclosed you will find a Certificate of your reappointment and an Oath or
Affirmation of Office which may be administered by theClerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 21 5 Church Avenue, S. W., prior to serving in the capacity to
which you were reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (.1950), "as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires that
you be provided with a copy within two weeks of your reappointment and each
appointee is required "to read and become familiar with provisions of the Act."
L:\CLERK\DAT A\CKEWI \oath and leaving servicelarchitectural review boardWison Blanton oath 09.doc
Ms. Alison S. Blanton
November 4, 2009
Pag e 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for you r willingness to continue you r service to the City of Roanoke
as a member of the Architectural Review Board.
Sincerely,
- n,.~0v0
Stephanie M. Moon, CMC
City Clerk
Enclosures
pc: Martha P. Franklin, Secretary, Architectural Review Board/application
Jonathan E. Craft, Deputy City Clerk
L:\CLERK\DAT A \CKEW I \oath and leaving servicelarchitectural review boardWison Blanton oath 09,doc
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regu lar
meeting of Council which was held on the second day of November 2009,
ALISON S. BLANTON was reappointed as a member of the Architectu ral Review
Board, for four-year term ending October 1,2013.
Given under my hand and the Seal of the City of Roanoke this fourth day of
November 2009.
'lYl,~
L:\CLERK\DA T A \CKEW 1 \oath and leaving servicelarchitectural review board\Alison Blanton oath 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: clerk@roanokeva.gov
JONATHAN E. CRAFf
. Deputy City Clerk
STEPHANIE M.MOON, CMC
'City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
November 4, 2009
Mr. Linwood "Woody" Deans
4323 Belle Aire Circle, S. W.
Roanoke, Virginia
Dear Mr. Deans:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
November 2, 2009, you were appointed to replace John Cook as a member of the
Roanoke Civic Center Commission for a term ending September 30,2012.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which shall be administered by the Clerk of the Circuit Court
of the City of Roanoke, located on the third floor of the Roanoke City Courts
Facility, 315 Church Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which
you were appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your appointment and each member is required "to read
and become familiar with provisions of the Act."
Mr. Linwood 'Woody" Deans
November 4, 2009
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve the City of Roanoke as a member of the
Roanoke Civic Center Commission.
Sincerely,
~'M.~
Stephanie M. Moon, CMC
City Clerk
Enclosures
pc: Chris Connolly, General Manager, Roanoke Civic Center-Global Spectrum,
710 Williamson Road, N. L, Roanoke, Virginia 24016, w/application
Jonathan E. Craft, Deputy City Clerk
ll;'~
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of Council
which was held on the second day of November 2009, LINWOOD "WOODY" DEANS
was appointed to replace John Cook as a member of the Roanoke Civic Center
Commission for a term ending September 30,2012.
Given under my hand and the Seal of the City of Roanoke this fourth day of
November 2009.
~-rn.~~
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
JONATHAN E, CRAFT
Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
CECELIA T, WEBB
Assistant Deputy City Clerk
November 5, 2009
RECEIVED
i\J v' 09 200!1
M r. Marc K. Davis
3514 Appleton Avenue, N. W.
Roanoke, Virginia 24017
PLANNING 8~i:o~G ROANOKE
AND DEVELOPMENT
Dear Mr. Davis:
At a regular meeting of the Council of the City of Roanoke held on Monday,
November 2, 2009, you were appointed as a member of the Fair Housing Board
to fill the unexpired term of Jason L. Moore, commencing November 2, 2009
and ending March 31,2010.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, 5. w.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires
that you be provided with a copy within two weeks of your appointment and
each appointee is required "to read and become familiar with provisions of the
Act." ,
L:\CLERK\DA T A \CKEW I \oath and leaving service\Fair Housing Board\Marc K. Davis 3-31-1 Q,doc
~
Mr. Marc K. Davis
November S, 2009
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve the City of Roanoke as a member of
the Fair Housing Board.
Sincerely,
~~'rr>.~
Stephanie M. Moon, CMC
City Clerk
Enclosu res
John Moorefield, Secretary, Fair Housing Board ~ 'ipl, c.CIf~
'Jonathan E. Craft, Deputy City Clerk
pc:
L:\CLERK\DAT A\CKEWI\oath and leaving service\Fair Housing Board\Marc K. Davis 3-31-10,doc
. . c-.
COMMONWEALTH OF VIRGINIA)
) To-wit:
CITY OF ROANOKE
)
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular
meeting of Council which was held on the second day of November 2009,
Marc K. Davis was appointed as a member of the Fair Housing Board to fill the
unexpired term of Jason L. Moore, commencing November 2, 2009 and ending
March 31, 2010.
Given under my hand and the Seal of the City of Roanoke this fifth day of
November 2009.
I'
~hJ.~
.'..\City Clerk
L:\CLERK\DA T A \CKEWl\oath and leaving service\Fair Housing Board\Marc K, Davis 3-31-10,doc
I
/
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
CECELIA T, WEBB
Assistant Deputy City Clerk
November 5, 2009
RECEIVED
[\U'! ( ~J09
Mr. Rodney T. Saunders
3038 Maplelawn Avenue, N. W.
Roanoke, Virginia 24012
PLANNING B~iZo~NFGRAN. OANOKE
o OEVEl.OPMeNr
Dear Mr. Saunders:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, November 2, 2009, you were appointed to replace Sher'man V.
Burroughs, IV, as a member of the Fair Housing Board for a term commencing
November 2,2009 and ending March 31,2012.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which may be administered by the Clerk of the Circuit
Court of the City of Roanoke, located on the third floor of the Roanoke City
Courts Facility, 315 Church Avenue, S. w.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were appointed. .
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am
enclosing copy of the Virginia Freedom of Information Act. The Act requires that
you be provided with a copy within two weeks of your appointment and each
appointee is required "to read and become familiar with provisions of the Act."
Mr. Rodney T. Saunders
November 5,2009
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve the City of Roanoke a's a member of
the Fair Housing Board.
Sincerely,
~~~~
City Clerk
Enclosu res
pc: John Moorefield, Secretary, Fair Housing Board, w/application
Jonathan E. Craft Deputy City Clerk
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the re<:ords thereof, do hereby certify that at a regu lar
meeting of Council which was held on the second day of November 2009,
Rodney T. Saunders was appointed to replace Sherman V. Burroughs, IV, as a
member of the Fair Housing Board for a term commencing November 2, 2009
and ending March 31,2012.
Given under my hand and the Seal of the City of Roanoke this fifth day of
November 2009.
~'
r,'";' Iii' ~
(" ..~. . Uo..v
, citY/Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
November 6,2009
Ms. Anne S. Beckett
1024 Hamilton Avenue, S. W.
Roanoke, Virginia 24015
Dear Ms. Beckett:
Your term of office as a member of the Architectural Review Board expired on
October 1, 2009.
The Members of City Council reque~ted that I express sincere appreciation for your
service to the City of Roanoke as a member of the Architectural Review Board from
March 2, 2009 to November 2, 2009. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of
your service.
~rer' _ '
'h~'rn.rnD~
Stephanie M. Moon, CMC V
City Clerk
SMM:ew
Enclosure
pc: Barbara A. Botkin, Chair, Architectural Review Board, 616 Marshall
Avenue, S. W., Roanoke 24016
-....
0.,;<-,
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, ,
" ,
_..,....~_.......-.-_.:-.,_.....;.;....,_..... _.:... -...c..-,,":.-.
CERTIFICATE OF APPRECIATION
PRESENTED TO
ANNE S. BECKETT
AS A MEMBER OF THE
ARCHITECTURAL REVIEW BOARD
FROM MARCH 2, 2009
TO NOVEMBER 2, 2009
ON THIS 6TH DAY OF NOVEMBER , 2009
IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED:
~G)~AA~
DAVID A. BOWERS
MAYOR
'--0' . __' ..
,,~_;,-_,.~~;...;.,,\;J~:~~;~-,iJL ~
ATTEST:
STEPHANIE M. MO N
CITY CLERK
. ..._......~--=.:;:.'~_. _ _.i.;__,..~.__.....
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
November 6, 2009
Mr. John C. Cook
3640 Grandview Avenue, N. W.
Roanoke, Virginia 24012
Dear Mr. Cook:
Your term of office as a member of the Roanoke Civic Center Commission expired on
September 30, 2009.
The Members of City Council requested that I express sincere appreciation for your
service to the City of Roanoke as a member of the Roanoke Civic Center
Commission from February 2, 2009 to November 2, 2009. Please find enclosed a
Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in
recognition of your service.
Sincerely,
~h,. l11DM/
Stephanie M. Moon, CMC . ~
City Clerk
SMM:ew
Enclosure
pc: Chris Connolly, General Manager, Roanoke Civic Center-Global Spectrum,
710 Williamson Road, N. E., Roanoke, Virginia 24016
.,,~,
CERTIFI~ATE OF APPRECIATION
PRESENTED TO
JOHN C. COOK
AS A MEMBER OF THE
ROANOKE CNIC CENTER COMMISSION
FROM FEBRUARY 2,2009
TO NOVEMBER 2, 2009
ON THIS 6TH DAY OF NOVEMBER , 2009
IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE FAITHFULLY
, RENDERED TO THE CITY OF ROANOKE
APPROVED:
Q.~
DAVID A. BOWERS
MAYOR
ATTEST:
TEPHANIE M. MOON,
CITY CLERK
. ~.-:..""::~'
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assist;mt Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
November 6, 2009
Mr. Chris D., Berry
2220 Stanley Avenue, S. E.
Roanoke, Virginia 24014
Dear Mr. Berry:
Your term of office as a Director of the Economic Development Authority of the City
of Roanoke expired on October 20, 2009.
The Members of City Council requested that I express sincere appreciation for your
service as a Director on the Board of Directors of the Economic Development
Authority of the City of Roanoke from October 6,2008 to November 2,2009. Please
find enclosed a Certificate of Appreciation and an aerial view photograph of the '
Roanoke Valley in recognition of your service.
Sincerely,
ilh-rP ~ -~. rn Ir-ll~
~~on, CM~ - ~fM.)
City Clerk
SMM:ew
Enclosure
pc: Harwell M. Darby, Jr., Assistant Secretary, Economic Development
Authority of the City of Roanoke, Glenn, Feldmann, Darby and Goodlatte,
P. O. Box 2887, Roanoke, Virginia 24001
CERTIFICATE OF APPRECIATION
PRESENTED TO
CHRIS D. BERRY
AS A DIRECTOR OF THE
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF ROANOKE
FROM OCTOBER 6, 2008
TO NOVEMBER 2, 2009
ON THIS 6TH DAY OF NOVEMBER , 2009
IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE F AITHFULL Y
RENDERED TO THE CITY OF ROANOKE
APPROVED:
ATTEST:
Q'~
DAVI A. O~
MAYOR
STEPHANIE M. MOON
CITY CLERK
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1er k@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
November 6,2009
Mr. George F. Taylor
2318 Rosalind Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Taylor:
Your communication tendering your resignation as member of the Board of Trustees, ,
City of Roanoke Pension Plan, was before the Council of the City of Roanoke at a
regular meeting held on Monday, November 2, 2009.
The Members of City Council requested that I express sincere appreciation for your
service to the City of Roanoke as a member of the Board of Trustees, City' of
Roanoke Pension Plan from June 20, 2005 until November 2, 2009. Please find
enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke
Valley in recognition of your years of service.
Sincerely,
~hr>. ~b\)
Stephanie M. Moon, CMC C
City Clerk
. SMM:ew
Enclosure
pc: Ann H. Shawver, Secretary, Board of Trustees, City of Roanoke Pension Plan
CERTIFICATE OF APPRECIATION
PRESENTED TO
GEORGE F. TAYLOR
, AS A MEMBER OF THE
BOARD OF TRUSTEES, CITY OF ROANOKE PENSION PLAN
FROM JUNE 20, 2005
TO NOVEMBER 20, 2009
ON THIS 6TH DAY OF NOVEMBER , 2009
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO
THE CITY OF ROANOKE
APPROVED:
ATTEST:
~~~
DA V A. BOWERS
MAYOR
STEPHANIE M. MOON, C C
CITY CLERK
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
November 10,2009
Mr. Harry F. Collins, Sr.
6603 Northway Drive, N. W.
Roanoke, Virginia 24019
Dear Mr. Collins:
On December 27, 1982, the Roanoke ~ity Code was amended to provide that after
completion of three consecutive complete terms of office, no member of a permanent
board, authority, commission or committee shall be eligible for reappointment to the
same office for the next suc"ceeding term.
On September 30, 2009, you completed your third consecutive term of office as a
member of the Local Board of Building Code Appeals.
The Members of City Council requested that I express sincere appreciation for your
service to the City of Roanoke as a member of the Local Board of Building Code
Appeals from November 5, 1990 to November 2, 2009. Please find enclosed a
Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in
recognition of your years of service.
Sincerely,
~hJ. ~txW
Stephanie M. Moon, CMC. .
City Clerk
SMM:ew
Enclosure
pc: Peter W. Clapsaddle, Chair, Local Board of Building Code Appeals,
17 W. Church Avenue, Roanoke, Virginia 24011
CERTIFICATE OF APPRECIATION
PRESENTED TO
HARRY F. COLLINS, SR
AS A MEMBER OF THE
LOCAL BOARD OF BUILDING CODE APPEALS
FROM NOVEMBER 5, 1990
TO NOVEMBER 2, 2009
ON THIS 10TH DAY OF NOVEMBER , 2009
IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED:
ATTEST:
DAVID A. BOWERS
MAYOR
PRICE
38641-110509
ROANOKE CITY COUNCIL
ROANOKE COUNTY BOARD OF SUPERVISORS
FRANKLIN COUNTY BOARD OF SUPERVISORS
WESTERN VIRGINIA WATER AUTHORITY
JOINT MEETING
NOVEMBER 5, 2009
10:00 A.M.
VINTON WAR MEMORIAL
AGENDA
Welcome and Introductions
. Western Virginia Water Authority
. Mike McEvoy, Executive Director, Wastewater Services
· Gary Robertson, P.E., Executive Director, Water Operations
Call to Order
· Roanoke City Council (Council Members Mason and Price and Mayor
Bowers were absent.)
. Roanoke County Board of Supervisors
· Franklin County Board of Supervisors
· Western Virginia Water Authority Board of Directors
Resolution Honoring the Service of Richard E. "Rick" Huff II
Remarks from Members of the Boards and Council
. Roanoke City Council
· Roanoke County Board .of Supervisors
· Franklin County Board of Supervisors
· Western Virginia Water Authority Board of Directors
1
Comments from the Public
. Joint Resolution - Authorizing Franklin County, Virginia, to join the
Western Virginia Water Authority
Adopted Resolution No. 38641-110509. (4-0)
Toast
. H. Odell "Fuzzy" Minnix, Chairman, Western Virginia Water
Authority Board of Directors
Adjournment - 11 :00 a.m.
. Roanoke City Council
. Roanoke County Board of Supervisors
. Franklin County Board of Supervisors
. Western Virginia Water Authority Board of Directors
2
"\
RESOLUTION #17p(1O;,09)
. OF THE
WESTERN VIRGINIA WATER AUTHORITY
ThankiJ1gRichan:LE. Bpfi'II rox his $ervic~a$ Director ofthe Al.lthority
WHEREAS, the Western Virginia Water Authorlty(the HAuthority'~), a public service
authority fOl'.trl.ed ~J1d existing in accordance with the provIsiolls of Chapter 51 of Title 15.2
of the Code of Virginia, 1950, as amended, the Vi~'giriia Water and Waste Authorities Act M
15.2-510045.2-51.58: (the HAct"), has benefitedfot over two yeai's from the useful and
effective service of its Director, RiChard E. Huff II; and
WHEREAS, heretofore by conculTentresolutions e:ffective June 1, 2007 the Board of
Supervisors oJ Roanoke County, Virginia, and the City .CounciI of the City of Roanoke,
Virginia, cOllfirrneqthe nomination of Richard E. Huffll to serve out an unexpitedterin as 0.
"Seventh" director of the Western Virginia Water AtithOl'itYi and he proved so effective and
useful to the Authority that he has stayed 011 asah6Iclover ditectot until he resigned effective
September 17, 2009, jllst befote the Authority voted to approve the fohn of Comprehensive
Agreement bringingrranklin County illtbthe Authority as 0. locality Inemher; and
WHEREAS, RiChardR Huff II has bi'ought to' tfie. Authority his perspective as a
10ng~8tanding and :succe~sfuI County AdminIstrator (llkehis father befote him) sel'ving with
an instinctive ability :tq. weigh the ments'aIld recorriniend theusefttlrtess (or not) Of any
proposal; (iud,
WHEREAS! Richard E. Huff II has, hi the course of Board delibetat'l011s:011a vatie~y
of topics from ititet~lbcality ,relations to s:ysteindevelopinent to rfego~atiIig Wat~r System
Purchase and Wastewatet Plan:t Q,peratlng cohtracts, employed his we1I4ibl)cd abiHty to <'cut
through the b{osolids" and ,pl'eSel1t the cote issl.les of any debate irninelegailt;siinple and
understanclal:He Inall11er; and; .
WHEREAS, RiChiu.d E. Huff II lias 'been absolUtely il1dispeilslbleto the Authority in
guiding its searGh' fOt itsmst tegiona11bcality to join as a member since the ,Authority's
fonna'tioll July 1, 20.04; and,
WHEREAS, not the leastbf his Value to the Authority, the Executive Diiedots, his
fellow Directors, 'atr~ the Authority Staff, has been his positive attitude;, hiso'bviotis
a,ppi-eciatioll of the! ,effoitsof the staff andoperatidns persOlmel of the Atithority, ,and his
kilowi11g when to comment.aiid; more ifupbitant1y,wllehl not to; and,
WHEREAS;,the oceasion of his leaving the,A.uthonty was actualLy ~tie.ditectly to the
silecess of his, tenilre,bn the Board, btllIcthlg tr1.istaild cQoperationbetweerLthe Authority staff
-1-
tll'1d Frartklhi County staff, and strephertIiiig tliepolitical process to. thevetysuccessflil and
gtatifYinitconclllsion of bringihg Franklih Cbiln~y:bh as a memher;
NOW THEltEFORE, be itresb:lvM by the Bo.ard of]jitector~ of the Western Virginia
WatetA'uthoritYth~lt they each extend theil'heartfe1t thanks altdgriltimde to Richard E. Hul:f
n for his servkeJo the Authority~ atldthatthey 'extend their warmest regards and best wishes
for his contihued health and. success.
. AND BE IT FURTHER RESQL VED, that a certified copy of this resohttion be
forwarc;1edto theBoards of Supervis\?rsof Roanoke Cbunty and Franklin County, Virginia,
and to the City Council of the City of Roanoke, Vitginhl, with the reqltest that It be read into
the pe:rmallentpublic records of such govenli:ilg bodies.
. ~.. .
This resolution shall take effect il1l1uediately.
Directors absent
-L
~
Votes hl Favof
Votes Against
Abstentions
S)
CERTIFICATION
The undersigned secretary of the Western Virginia Water Authority does hereby certify
that the foregoing is a true, complete and correct Resolution adopted by a vote of a majority of
. the Directors ofthe Western Virginia Water Authority, present at a regular meeting of the Board
of Directors of the Western Virginia Water Authority duly called and held October 15, 2009 at
which a quorum was present and acting throughout, and that the same has not been amended or
rescinded and is in full force and effect as ofthe date oftms certification, February 9,2010.
(SEAL)
Thurman, Secretary,
stem Virginia Water Authority
/~~
\i'"
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\
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vf~~
IN THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of No~ember, 2009.
No. 38641-110509. .
A RESOLUTION reorganizing the Western Virginia Water Authority (the
"Authority") and providing that Franklin County, Virginia join the Authority in accordance
with Virginia Code ~15.2'-5112.
WHEREAS, the City Council of the City of Roanoke, Virginia (the "City") and the
Boards of Supervisors of Franklin and Roanoke Counties, Virginia (the "Counties") have._
determined concurrently that it is in the ~est interests of the citizens of the City and the
Counties that Franklin County join and become a member of the Western Virginia Water
Authority pursuant to the provisions of the Virginia Water and Waste Authorities Act,
Chapter 51, Title 15.2 of the 1950 Code of Virginia, as amended ("the Act"), and have
expressed their desire to do so by the adoption of concurrent resolutions, and a public hearing
has been held in accordance with the requirements of ~15.2-5104 of the Act.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The City Council hereby determines that it is in the best interests of the
citizens of the City of Roanoke, Virginia that Franklin County join and become a member of
the Western Virginia Water Authority and authorizes and directs the Mayor and the Clerk of
the City Council to execute and deliver the Amended and Restated Articles of Incorporation
of the Western Virginia Water Authority contained in Section 4 of this Resolution.
2. The City Council shall appoint three members to four year terms of office with
the exception that the following members shall have the following terms of office which shall be
\
deemed to begin upon the issuance of a Certificate of Joinder by the State Corporation
Commission. The City Council hereby appoints the following persons to serve the following
terms on the Board of the Authority:
Name
Marc Fink
Address
3545 Electric Road, S.W.
Roanoke, Virginia 24018
2705 Longview Ave., S.W.
Roanoke,.Virginia 24014
3132 Burnleigh Road
Roanoke, Virginia 24014
Term of Office
beginning ending
July 1, 2007 June 30, 2011
Robert C. Lawson, Jr.
July 1,2008 June 30, 2012
John P. Bradshaw, Jr.
July 1, 2009 June 30, 2010
3. The Western Virginia Water Authority ("the Authority") is hereby reorganized
m accordance with the terms of the following Amended and Restated Articles of
Incorporation.
4. The City Council does hereby FIND as a matter of fact that inclusion in the
Amended and Restated Articles. of Incorporation of the Authority of preliminary estimates of
capital costs, proposals for specific projects to be undertaken by the Authority, and
preliminary estimates of initial rates for services of such projects is impracticable. The
Amended and Restated Articles of Incorporation of the Western Virginia Water Authority
are hereby amended and restated as follows:
AMENDED AND RESTATED
ARTICLES OF INCORPORATION
OF THE
WESTERN VIRGINIA WATER AUTHORITY
The Board of Supervisors of Roanoke County, Virginia; the City Council of the City
of Roanoke, Virginia and the Board of Supervisors of Franklin County, Virginia as well as
the Board of Directors of the Western Virginia Water Authority, have by concurrent
resolutions adopted the following Amended and Restated Articles of Incorporation of the .
2
Western Virginia Water Authority, pursuant to the Virginia Water and Waste Authorities Act
(Chapter 51, Title 15.2 of the 1950 Code of Virginia, as amended) ("Act").
ARTICLE I
The name of the Authority shall be the Western Virginia Water Authority and the
address of its principal office is 601 South Jefferson Street, Roanoke, Virginia 24011.
ARTICLE II
The names of the political subdivisions participating in the Authority are Roanoke
County, Virginia, the City of Roanoke, Virginia, and Franklin County, Virginia (the
"Localities"), each of which hereby acknowledges, covenants, and agrees that these Amended
and Restated Articles of Incorporation shall not be further amended or changed without the
express agreement of each of the governing bodies of each of the Localities. None of the
following actions shall be taken or permitted to occur by the Board of the Authority without the
affirmative vote of a majority of the members from the City of Roanoke and Roanoke County:
(l) The in9lusion of additional political subdivisions in the Authority; and
(2) Additional agreement with other political subdivisions, entities, or persons, for the
bulk sale of surplus water or for the acceptance and treatment of waste water.
ARTICLE III
The Board of the Authority shall consist of seven members. The names, addresses,
and terms of office of the initial members of the reconstituted Board of the Western Virginia
,
Water Authority are as follows:
Name
Address
Term of Office
beginning . ending
John P. Bradshaw, Jr.
3132 Burnleigh Road, SW
Roanoke, Virginia 24014
July 1, 2009
June 30, 2010
Donald L. Davis
1031 Halliahurst Avenue
Vinton, Virginia 24179
July 1, 2006
June 30, 2010
3
Marc Fink Fink's Jewelers
3545 Electric Road, SW
Roanoke, Virginia 240 l8
July 1,2007 June 30,2011
R. Grayson Goldsmith Valley Bank
36 Church Avenue
Roanoke, Virginia 24001
December l, 2007 June 30,2011
Shirley B. Holland 161 Lila Lane
Boones Mill, Virginia 24065
November 5,2009 June 30,2013
Robert C. Lawson, Jr. 2705 Longview Avenue, SW
Roanoke, Virginia 24014
July 1,2008 June 30,2012
H. Odell "Fuzzy" Minnix 3314 Kenwick Trail
Roanoke, Virginia 24018
July I, 2008 June 30, 2012
Upon the expiration or vacation of the foregoing terms of office, the governing body
of each participating political subdivision shall appoint the number of members set forth
opposite its name below:
Roanoke County - Three, for terms of four years
City of Roanoke - Three, for terms of four years
Franklin County - One, for a term of four years
The governing body of each of the Localities shall be empowered to remove at any
time, without cause, any member appointed by it and to appoint a successor member to fill
the unexpired portion of the removed member's term.
Each Board member shall be reimbursed by the Authority for the amount of actual
expenses incurred in the performance of Authority duties.
ARTICLE IV
The purposes for which the Authority is being reorganized are to exercise all the
powers granted to the Authority to acquire, finance, construct, operate, manage and maintain
c
water, waste water, sewage disposal and storm water control systems and related facilities
4
pursuant to the Act. The Authority shall have all of the rights, powers, and duties of an
authority under the Act.
It is not practicable to set forth herein information regarding preliminary estimates of
capital costs, proposals for specific projects to be undertaken, or initial rates for services of
the proposed projects.
ARTICLE V
The Authority shall serve Roanoke County, the City of Roanoke, and Franklin
County, Virginia, and, to the extent permitted by the Act and the terms of these Articles, such
other public or private entities as the Authority may determine upon the terms and conditions
established pursuant to appropriate contracts, either within or without Roanoke County, the
City of Roanoke, or Franklin County, Virginia.
ARTICLE VI
The Authority shall cause an annual audit of its books and records to be made by an
independent certified public accountant at the end of each fiscal year and a certified copy
thereof to be filed promptly with the governing body of each of the incorporating political
subdivisions,
IN WITNESS WHEREOF the Board of Supervisors of Roanoke County, the City
Council of the City of Roanoke, Virginia, and the Board of Supervisors of Franklin County,
Virginia, and the Board of Directors of the Western Virginia Water Authority have caused these
Amended and Restated Articles of Incorporation to be executed in their respective names, and
their respective seals have been affixed hereto and attested by the respective secretaries and
clerks of each.
5
WESTERN VIRGINIA WATER AUTHORITY CITY OF ROANOKE, VIRGINIA
B~ B~
Chairman Mayor
WITNESS:
(SEAL)
WITNESS:
(SEAL)
Secretary
Clerk
ROANOKE COUNTY, VIRGJ;NIA
FRANKLIN COUNTY, VIRGINIA
By:
By:
Chairman, Board of Supervisors
Chairman, Board of Supervisors
WITNESS:
(SEAL)
WITNESS:
(SEAL)
Secretary
Secretary
5. The appropriate officers of the City of Roanoke, Virginia shall take all action
necessary or convenient to file and otherwise cause the Amended and Restated Articles of
Incorppration to become effective.
6. This resolution shall take effect immediately upon its adoption.
ATTEST:
.~'rn. Mlh0
.. Clerk. C
6