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Home My WebLink AboutCouncil Actions 11-16-09 ROSEN 38642-111609 ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 16, 2009 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. Council Member Price arrived late. The Invocation was delivered by The Reverend qpn Eshelman, Pastor, Patterson Memorial Grace Brethren 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 19 at 7:00 p.m., and Saturday, November 21 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 INF,ORMA TION. 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. 1 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 DISABILI)"IES, 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 Violet Nkwanzi. Presented Ms; Nkwanzi with a City gift. Recognition of TAP's Terrace Renovation Project Participants. Angela Penn, Vice-President of Development, presented the City with plaque. In recognition of the support and resources provided by the City and its staff. Presentation by Peter Lampman, President, Virginia Amateur Sports, Inc. Presented a plaque to the Mayor and T-shirts to the Council and City officials. 2 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Robert Gravely, Evelyn Bethel, and Helen Davis 4. CONSENT AGENDA (APPROVED 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. ITEM C-2 WAS WITHDRAWN. C-1 Minutes of the regular meeting of Council held on Monday, August 17, 2009. RECOMMENDED ACTION: Dispensed with the reading ofthe minutes and approved as recorded. C-2 A communication from Mayor David A. Bowers regarding the Crescent Corridor Intermodal Freight Project. WITHDRAWN. C-3 A communication from the City Manager requesting that Council schedule a public hearing for Tuesday, January 19, 2010 at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider adoption of a system of stormwater management fees. RECOMMENDED ACTION: Concurred in the request. C-4 A communication from the City Manager reqUesting that Council schedule a public hearing for Monday, December 7,2009 at 2:00 p.m.; or as soon thereafter as the matter may be heard, to consider the sale of City-owned property located on Coyner Springs Road to Coyner Springs Community Cemetery, Inc. RECOMMENDED ACTION: Concurred in the request. C-5 A communication from the City Clerk advising of the resignation of Christy McGhee (Cooper) as Chair and member of the Fair Housing Board, inasmuch as she will no longer reside in the City of Roanoke. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. 3 C-6 Annual report of the Board of Zoning Appeals for Fiscal Year 2008 - 2009. RECOMMENDED ACTION: Received and filed. C-7 Reports of qualification of the following individuals: Aaron Copeland as a member of the Architectural Review Board for a term commencing November 2, 2009 and ending October 1, 2013; Linwood "Woody" Deans as a member of the Roanoke Civic Center Commission for a term ending September 30,2012; Vickie H. Bibee as a Director of the Economic Development Authority for a term of four years commencing October 21,2009 and ending October 20, 2013; and Marc K. Davis as a member of the Fair Housing Board to fill the unexpired term of Jason L. Moore ending March 31, 2010. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Request of the City Market Building Tenants Association to discuss the closing of the City Market Building for major renovations. Anita Wilson, President, Spokesperson. (Sponsored by Mayor Bowers and Council Member Price) Comments referred to the City Manager for review and response. At this point, Council Member Price entered the meeting (3:26 p.m.) b. Request of the Blue Ridge Junior Tennis League to provide a tennis program at the Countryside Golf Course. Dr. Anna Balog-Szabo, Professor of Geology, Virginia Western Community College; and Robert Creamer, President, Valley Trading Post, Spokespersons. (Sponsored by Mayor Bowers and Vice-Mayor Lea Request referred to the City Manager. , 4 7. REPORTS O'F CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Execution of Amendment No.1 to the Fiscal Year 2009 CDBG/HOME Agreement with Total Action Against Poverty in the Roanoke Valley, Inc., for sufficient time to complete 48 homes in the City. Adopted Resolution No. 38642-111609 (7-0) 2. Execution of Amendment NO.2 to the fiscal Year 2008-2009 CDBG Agreement with Rebuilding Together, Roanoke, Inc., for sufficient time to complete limited repairs to 15 additional homes in the City. Adopted Resolution No. 38643-111609 (6-0, Mayor Bowers abstaining.) 3. Execution of Amendment No.3 to the contract between the City and Manatron, Inc., to provide various City departments with business and technical services in connection with a full featured m,Ulti- departmental software application system. Adopted Resolution No. 38644-111609 (7-Q) 4. Appropriation of additional funds for recreation program activities. Adopted Budget Ordinance No. 38645-111609. (7-0) 5. Appropriation of funds from the Virginia Municipal League Conference donations and reimbursement in connection with the Host City Night event. Adopted Budget Ordinance No. 38646-111609. (7-0) COMMENTS BY CITY MANAGER. The City Manager announced the dates for the loose leaf collection; and called attention to the number of medical school applications that were being interviewed for the medical school. 5 b. DIRECTOR Of fiNANCE: 1. financial Report for the month of September 2009. Received and filed. 8. REPORTS OF COMMITTEES: a. Presentation of the Proposed 2010 Legislative Program. Council Member David B. Trinkle, Chair, Legislative Committee. Adopted Resolution No. 38647-111609. (7-0) b. A report of the Roanoke City School Board requesting appropriation offunds to various educational programs; and a report of the Director of finance recommending that Council concur in the request. Vivian Penn- Timity, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 38648-111609. (7-0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution appointing Brian Redd, as a Director of the Economic Development Authority for a term commencing November 16, 2009 and ending October 20,2013. Adopted Resolution No. 38649-111609. (7-0) 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Adopted Resolution No. 38650-111609 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. (7-0) b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 12. RECESSED - 5:18 p.m. 6 v ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 16, 2009 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--RolI Call. All Present. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the flag of the United States of America will be led by Boy Scout Troop No. 17, St. John's Episcopal Church. Welcome. Mayor David A. Bowers. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, November 19 at 7,:00 p.m., and Saturday, November 21 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGMENTS: Recognition of winners from the 5th Annual Fire Prevention Week Art Contest. Presented Certificates and Star Bencils to the winners. Presentation of Roanoke's "fill Your Bin and Win" Contest Winners. Presented City checks to the contest winners. 7 B. PUBLIC HEARINGS: 1. Request of Virginia Lutheran Homes, Inc., to repeal existing conditions proffered and replace them with conditions in connection with property located at 3804 Brandon Avenue, S. W. Scott R. Geddes, Esquire, Spokesperson. Matter was remanded to City Planning Commission for further review and consideration. 2. Continuation of public hearing on the request of Fralin Companies, Inc., to rezone properties located on Gatewood Avenue and McVitty Road, S. W., from R-7, Residential Single family District, to MX, Mixed Use District, for' uses as permitted in the zoning district, subject to certain proffered conditions. Sean Horne, Balzer and Associates, Spokesperson. Adopted Ordinance No. 38651-111609. (6-1, Mayor Bowers voting no.) 3. Proposal of the City of Roanoke to lease approximately 748 square feet of City-owned property located in the Roanoke City Market Building at 32 Market Square, to Min Shao, t/a Hong Kong Restaurant, on a month to month basis beginning December 1, 2009, not to exceed twelve months. Darlene L. Burcham, City Manager. Adopted Ordinance No. 38652-111609. (6-0, Council Member Price was not present when the vote was recorded.) C. OTHER BUSINESS: 1. Appropriation of bond funds for Washington Park Pool Capital improvements. Budget Ordinance No. 38653-111609. (7-0) D. 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. Evelyn Bethel, Freddie Monk, Robert Gravely and Robert Creamer E. ADJOURNED - 9:12 p.m. 8 Virginia Amateur Sports C 0 V E N T R Y@ ~@~~@~\%lrn&[b1rc={] GAMES of Vi'lg inia And the Roanoke Valley Virginia Amateur Sports, Inc. 711 C 5th Street, NE Roanoke, Virginia 24016 (540) 343-0987 FAX (540) 343-7407 www.commonwealthgames.org VIRGINIA AMATEUR SPORTS, INC. SPONSORS TITLE Coventry Health Care PRESENTING ABC 13 WSET City of Roanoke City of Salem Kroger Roanoke County PREMIER Autotrader,com McDonald's Pepsi StellarOne GOLD MEDAL Blue Ridge Copier Carilion Clinic Clear Channel - W JJS Cox Cable Hampton Roads Cox Cable Roanoke Jefferson College of Health Sciences Play By Play Roanoke Valley CVB Venture Marketing SILVER MEDAL First Team Auto Mall Hall Community Services Holiday Inn - Tanglewood Lanford Brothers Member One Rick Woodson Honda BRONZE MEDAL Arby's American Automobile Association Appalachian Power Company Dominion Lodging Heartland Rehabilitation Services Mountain Springs Water Poe & Cronk Roanoke Fruit & Produce Robertson Marketing Taubman Museum PARTNER Delta Dental COVENTRY0 ~(Q)MM~INIWlE~[l,1f'1HI GAMES of Vi'zginia October 22, 2009 The Honorable Mayor David A. Bowers Members of City Council City of Roanoke Roanoke, Virginia 24011 Dear Mayor Bowers and City Council Members, Thank you once again for giving me the opportunity to publicly say thank you for your ongoing support and commitment to Virginia Amateur Sports and the Virginia Commonwealth Games, now officially known as the Coventry Commonwealth Games of Virginia. Due to your efforts and the other Valley governments, our 20th Anniversary was a success. Enclosed is a small report on the economic impact the Games had on the Roanoke Valley. The report also provides information on the demographics of where the athletes traveled from to participate. Over the past 20 years, approximately 170,000 athletes have competed in this event, known throughout Virginia as Virginia's Olympics. Again, please accept my thank you for enhancing our ability to carryon our Tradition of Excellence: the Coventry Commonwealth Games of Vire:inia. Sincerely, Virginia Amateur Sports ~~~ Peter Lampman President Sanctioned by the National Congress of State Games and recognized by the United States Olympic Committee Virginia Amateur Sports, Inc. 711 C 5th Street, NE Roanoke, Virginia 24016 (540) 343-0987 FAX (540) 343-7407 www.commonwealthgames.org VIRGINIA AMATEUR SPORTS, INC. SPONSORS VIRGINIA AMATEUR SPORTS 2008-2009 ECONOMIC IMP ACT TITLE Coventry Health Care PRESENTING ABC 13 WSET City of Roanoke City of Salem Kroger Roanoke County Tourism in Virginia Tourism is a $13 billion per year industry in Virginia Tourism is a $1 million per day industry in the Roanoke Valley Each dollar spent on tourism marketing returns $4-$6 in tax revenues PREMIER Autotradercom McDonald's Pepsi StellarOne Coventry Commonwealth Games of Virginia 1. Number of athletes that stayed overnight 2. Number of spectators that stayed overnight (1 :2 ratio) 3. Average length of stay 4. Estimated average daily expenditures 5. Estimated overnight expenditures (1 + 2 x 3 x 4) 6. Number of day athletes 3,049 6,098 GOLD MEDAL Blue Ridge Copier Carilion Clinic Clear Channel - W JJS Cox Cable Hampton Roads Cox Cable Roanoke Jefferson College of Health Sciences Play By Play Roanoke Valley CVB Venture Marketing 2.17 days $150 $2,977,348 3,167 SILVER MEDAL First Team Auto Mall Hall Community Services Holiday Inn - Tanglewood Lanford Brothers Member One Rick Woodson Honda 7. Number of day spectators (1 :2 ratio) 8. Number of day volunteers 9. Estimated average daily expenditures 10. Estimated daily expenditures (6+7 +8 x 9) 11. Estimated total visitor expenditures (10 + 5) 6,334 1,300 $50 $540,050 $3,517,398 BRONZE MEDAL Arby's American Automobile Association Appalachian Power Company Dominion Lodging Heartland Rehabilitation Services MountainSprings Water Poe & Cronk Roanoke Fruit & Produce Robertson Marketing Taubman Museum TOTAL ECONOMIC IMPACT $3,517,398 PARTNER Delta Dental COVENTRY" COMMONWEALTH GAMES of Vi~ginia Sanctioned by the National Congress of State Games and recognized by the United States Olympic Committee ~ ~~N ~. ';:'<:jr \ 0<"') 0\ o o N C\S .- s::: .- OJ) ~ .- s::: > 0 ~ .- o ...... cnE C) ._ S b C\S .~ 00 ....t::- ...... C\S - s::: C\S 0 C) '''''; ~ ~ ~i o S u ._ c~ E~ C) > o U ~ >-. ~ '$ Il) ~ o 1a o 0:::: J "5 ce Il) CO ,~ t:: ',Sj} ~ :> ,... (5 ... t:: :> ;>.>-' E~ ~29 ::3 ~ ::3 o ~ 5 E ~ uIl)E~"'6 Il) ,:::: ::3 t:: 'I'"" "3O::::.sov t:: ~cnz13 cell),.3[~~ ~z_~u...> ~ v ';; .5 -d' ~ ~ - ~ t:: t:: - ;;:: 0 0 '"0 ~ > en /; t:: ce en u... . - ...c ce VJ ,S cl) ~ u ;>< 4-< t:: ~ ..,... ._ L.. o ce ::3......o::::r-~ >-.~,D ~ ~<C ."';:::: ~ "5 Il) ~ 0.. u~ 8 ~ g:t.@ -; Il) t::..:.J - 0 Z ~ .- V ::3 Z ~ o::g;:::u ~U t:: .....- . Il) Z ce a > ~ ~ O~en...ce ~ 0:::: u.... ~ iG Il) a 4-< .-:- 0 ..t:: g. '0::::' 00_ U en"c, ~t)s=O,) r- ... ',... ,... .- ,... u uC50~Oa ~ ~ Il) ~ ~"dg-€~~ ~~c3~~o tJ) c: CD 0 E;; ca ~ e>:e -'=~ .:!::tJ) ca .- CDC ~ CD c:C) 0<( E-c E~ o ca uE .- ~.., I.. tJ) ..,W s:::: CD ca > .- o .= UC) I.. g> o '+- NO s.... Q) > ~ ~ 0 co N ~ 06 ~ I I I (j) L{) L{) 0 ~ N ~ rnJ . 0 0 ..N o COd' ~-q- I . o~ I'- L.. Q) > Ocf2. oes~ I'-- L() ~ ~~ ~o ,"" LO . N~ ~~ No 'CD 0'). ~O') ~ o V) OJ E c o t'U ._ ~ ...., ::s .s:::. .c ...., .- - '- t'U ...., OJ .~ ~ c c .~ '- o c OJ E .6O-c E .~ ~ o>~ u -c > OJ '- ...., ...., t'U ~ E > .- o t; u w en o o N ;:R OJ 00 roll) ~N lI) . OJ *' -N nlo::t E . OJ r--. u.o::t . 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 16, 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: Scheduling a Public Hearing to Consider Establishment of a Stormwater Utility and Stormwater Fee Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing if it wishes to consider implementation of a Stormwater Utility Program and adopting a system of stormwater utility charges. For purposes of the public hearing the proposed stormwater utility fee is $3.00 per ERU per month. It is my understanding that this proposed fee could be reduced, but not increased without an additional public hearing. It is requested that Council authorize that a public hearing be advertised on the above matter for Council's regular meeting to be held on Tuesday, January 19, 2010, at 7:00 p.m. Respectfully submitted, Darlene L. Bu City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Philip C. Schirmer, City Engineer Robert K. Bengtson, Director of Public Works Sherman M. Stovall, Director of Management and Budget CM09-0020 1 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 16, 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: Request to Schedule a Public Hearing for the Sale of City- Owned Property Background: Reverend Dwight O. Steele, Sr. proposing to do business as Coyner Springs Community Cemetery, Inc. has expressed an interest in purchasing an approximately 6 acre City-owned parcel located on Coyner Springs Road (State Route 660) in eastern Botetourt County on a portion of which is located a cemetery. This cemetery has been used over several decades for burial of indigent citizens, and also contains relocated remains from cemeteries that were removed with the construction of Interstate 581. Coyner Springs Community Cemetery, Inc. intends to continue use of the property as an "at need only" non-profit community cemetery under exemptions contained in the Code of Virginia, Section 54.1-2312. A and B. The City of Roanoke no longer uses the property for indigent burial purposes, and disposition of this property would relieve the City of ongoing maintenance obligations while allowing the property to continue to be used for burial purposes for those needing affordable options. Coyner Springs Community Cemetery, Inc. would be responsible for future maintenance of the property, and has agreed that the City would retain the right to use the cemetery for any indigent burials in the future should such a need arise. Honorable Mayor and Members of City Council November 16, 2009 Page 2 The City has incurred costs of $3,000 to create a subdivision plat and boundary survey to define the 6.02 acre property. This plat has been approved by Botetourt County and subsequently recorded in the Botetourt County Circuit Court. An amount equal to this preparatory cost would be paid to the City by Coyner Springs Community Cemetery, Inc., as compensation for the property upon the closing of the real estate transaction if authorized by City Council. A public hearing is required prior to City Council authorizing the sale of the City-owned property. Recommended Action: Authorize the scheduling of a public hearing to consider the sale of the aforementioned property on December 7,2009. Respectfully submitted, Darlene L. Bu City Manager 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 Jane R. Conlin, Director, Department of Social Services Cassandra L. Turner, Economic Development Specialist CM09-0020S i '. : (~ :A"! .. f~ -! J<:' v~ .rt. I.~i':. !.: :: :.~:.<l CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov Architectural Review Board Board of Zoning Appeals Planning Commission November 16, 2009 The Honorable David A. Bowers, Mayor Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: As Chairman of the Roanoke City Board of Zoning Appeals for 2009, it is my honor to present to you the annual report for July 1, 2008, through June 30, 2009. For fiscal year 2008-2009, the Board of Zoning Appeals held eight (8) regular public hearings, during which there were two (2) variance requests, twelve (12) special exception (use) requests, and no appeals of the Zoning Administrator's decision. In the current year, the Board of Zoning Appeals' goals are: first, continue to serve the citizens and developers of the community in furthering the use, development and redevelopment of property through variances and special exceptions; second, to continue to act as a discretionary administrative body and make decisions in matters where a person or party within the community is aggrieved by a decision made in the administration or enforcement of the zoning ordinance; and lastly, to recommend to the Planning Commission and City Council necessary revisions to the zoning ordinance in order for the Board to continue to provide fair and equitable service to the community and its citizens. The Board continues to work with the City Attorney's Office to assure that our procedures promote a concise and fair process. On behalf of the Board, I would like to express our appreciation for Council's ongoing efforts to improve the effectiveness of the Board of Zoning Appeals through funding for the training and certification of the Board members. Sincerely, ~dA Diana Sheppard, Chairman Board of Zoning Appeals en .J W<C ~w 00. zo. <c<C OC) O::z u..- o~ >N I-u.. 00 C 0:: <C o III " ~ n:s o m Q) .s:::: ... 16- o ... t: Q) E ... t: .- o .....Q)Q) Q) ..... 0 (/).~ C (/) L... ro CO g- C . CL...i5"C 00.L...Q) +:::i 0. 0 .~ CO ro 0> CO - ..... .~ C.~ C 0>'- C 0 Q) - 0 0 ->-NC 0> ro .- cEQ)~ :.= :5Q) .oen_.r:. roroo..... C Q) en (/) Q)o.EQ) .r:. 0. L... :J ~<(Q)L... 3= ..... 0 O>Q) .- Q)C ~ " .- .r:. 0 """'C.....Q) Co_ CONOo. "C (/) L..._ C L... 000 0 O .- ..... - o "C ro CO CO L... 0 L... ro.- Q) .~ 0 0. C (/) a:l 0. Q) - roO> CO"C Q) .- Q) .r:. o.CO.r:.~ 0. (/) ..... 3= <(Q)~Q) ~.r:. CO 0 """',..... > C C ..... ... .- CO - \U c.r:.(/)"C o ..... "C 0 Nenrno -Q)::JO o "C 0> CO "C'- Q) C L... ~_._ COL...rn"C o 0. 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Vl(l).o.o (I) en .... o (I) lJ 0) ~:ic; .- Vl 0 ~ -m Lf'I<J.io ~>~ m<(:j:j: 0 U ........(1) +-' > ....J .... ~....u 0 +-' ....J 0::l....J s::: .s:: ....-0 ::: +-' +-'....J Vl (I) s::: s::: s:::" ~ _ 0 ~ (I) ro~1Il ::l .go>.rg&i U COOO I +-' S:::~I'q s::: (I) +-' s::: 0 ....J ro.s::o::::ro.s:: s::: ....ro.s:: c2l ~3:~u.2, ro ::l 0 U --. UO::::Vl --. <( <( <( <( <( <( <( VI VI :> VI VI VI VI 0) 0) 0) 0) 0) 0) 0) 0 0 9 9 0 0 0 , , , J, , ~ N m '<t Lf'I '" 0 0 0 0 0 0 0 STEPHANIE M. MOON, CMC 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: cIerk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk November 16, 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 Christy McGhee (Cooper) has tendered her resignation as Chair and member of the fair Housing Board, inasmuch as she will no longer reside in the City of Roanoke. Sincerely, ~rn. Mcl'>U Stephanie M. Moon, CMC L City Clerk CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 Council Members M. Rupert Cutler Sherman P. Lea Gwen W. Mason Anita 1. Price Court G. Rosen David B.'Trinkle DAVID A. BOWERS Mayor November 16, 2009 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Vice-Mayor and Members of Council: We jointly sponsor a request of Anita Wilson, President of the City Market Building Tenants Association, to discuss the closing of the City Market Building for major renovations, at the regular meeting of City Council to be held on Monday, November 16, 2009, at 2:00 p.m. Sincerely, .s;eJ?~ David A. Bowers Mayor ~~ Anita J. Price Council Member DAB/AJP:ctw CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. Noel C Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540)853-1145 Council Members M. Rupert Cutler Sherman P. Lea Gwen W. Mason Anita 1. Price Court G. Rosen David B. Trinkle DAVID A. BOWERS Mayor November 16, 2009 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: We jointly sponsor a request of Blue Ridge Junior Tennis League to provide a tennis program at the Countryside Golf Course, at the regular meeting of City Council to be held on Monday, November 16, 2009, at 2:00 p.m. Sincerely, S)~ David A. Bowers Mayor ~. ;fi~ Sherman P. Lea Vice-Mayor DAB/SPL:ctw - .- I ...... = .. = tD ! Q.. I - tD ;3 = = -. fIJ II iC=:JDD I==l . . . . . . . . . n""",,-< · g 5" ~ c 5" 0 ~ 0 ~ ~ nDl=::SDlcc~n::r -:l -- c.. :l r+ r+ -- 0 ~ ~"~ ;;;0 n ::r ::r 3 ~ 0_" ~ - DI jij" "tJ "tJ -" "< =E I I iii " _ '""l '""l U'I to ::s m 0 _" U'I 0 o~" DI DI ~::s \C \C 0 '""l ~tD\C @ @::S to .g 3 3 3 ~ '" OJ c.. tD \.C :l 0 tD OJ -h - ;:;: '" '" w o = ~ ~ 1 _. = ~ ;ofm;;:C :J ~. ~ :J r+ :J Vi- !!. 0 ." 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III n - r- III cr 0 ... 01 'b- 0~'v;,~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2009. No. 38642-111609. A RESOLUTION authorizing the City Manager to execute Amendment No.1 to the 2008- 2009 cDBG/HOME Agreement with Total Action Against Poverty in the Roanoke Valley, Inc. (TAP), dated September 2, 2008, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, Amendment No.1 to the 2008-2009 CDBG/HOME Agreement with TAP, dated September 2, 2008, relating to the Hurt Park project, upon such terms and conditions as are more particularly set forth in the City Manager's letter dated November 16, 2009, to City Council. 2. Amendment No.1, and any necessary amendments thereto, shall be approved as to form by the City Attorney. ATTEST: ~m.~ City Clerk. R-CDBG- TAP-Home Fund-Amend 1 ,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 16, 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- and HOME-funded Agreement with Total Action Against Poverty in the Roanoke Valley (TAP) Background: Since 2002, the City has pursued a strategy of focusing 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 $570,099 in CDBG and HOME funds for an agreement with TAP to develop four (4) homes for sale to eligible families and repair twenty (20) existing owner- or tenant-occupied units. The City's FY 2010 HUD plan approved by City Council adds $598,381 to the TAP agreement for the development offour (4) more homes for sale to eligible homebuyers and repairs to twenty (20) additional owner- or tenant-occupied homes. TAP has committed to provide over $175,000 in matching funds towards the development or repair of the twenty-four (24) homes. Honorable Mayor and Members of City Council November 16, 2009 Page 2 Considerations: The $598,381 in additional CDBG and HOME funds for TAP's activities were authorized by City Council through Resolution No. 38451-051109, which approved the FY 2010 Annual Update to the City's HUD Consolidated Plan. The action sought by this report will provide these funds by amending TAP's current FY 2009 agreement. This amendment also extends the end date of the agreement to June 30, 2011, to allow TAP sufficient time to complete all forty-eight (48) homes. Recommended Action: Authorize the City Manager and the City Clerk to execute and attest, respectively, Amendment NO.1 to the 2008-2009 CDBG/HOME Agreement with TAP, similar in form and content to the draft attached to this report, and approved as to form by the City Attorney. Respectfully submitted, ~ Darlene L. Bur ham City Manager Attachments c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Thomas N. Carr, Director of Planning, Building and Development Frank E. Baratta, Budget Team Leader CM09-00194 AMENDMENT No.1 This Amendment No.1 is made and entered into as of November 16,2009, by and between the City of Roanoke (Grantee) and Total Action Against Poverty in the Roanoke Valley, Inc. ("Subgrantee"). WIT N E SSE T H: WHEREAS, by Resolution No. 38212-090208, 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. _-111609, Council approved the execution of Amendment No.1 to the Agreement between the Grantee and the Subgrantee; and NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Section 1., "SCOPE OF SERVICES," subsection c., "Performance Expectations," subpart (2), "Specific Quantifiable Objectives," shall be revised to increase the number of homebuyer units developed and increase the number of owner- or tenant-occupied units to be rehabilitated, and shall now read: * * * * * , (2) Specific Quantifiable Objectives: · By June 30, 2011, the Subgrantee shall complete the development of at least eight (8) single- family homes and their sale to eligible homebuyers. · By June 30, 2011, the Subgrantee shall complete the limited rehab of at least forty (40) owner- or tenant-occupied units. * * * * * 2. 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 of this Agreement - This Agreement shall be ~ffective as of July 1, 2008, and, unless amended, shall end June 30, 2011. * * * * * Page 1 of4 3. Section 1., "SCOPE OF SERVICES," subsectionj., "Subgrantee Investment," shall be revised to increase the amount of such investment and shall now read: * * * * * J. 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 Subgrantee from such otherresources shall be $372,436. * * * * * 4. Section 8., "MONITORING," subsection a., shall be revised to clarity activities which may be considered monitoring by the Grantee to conform with the Compliance Supplement to federal OMB Circular A-l33, and shall now read: l * * * * * 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. * * * * * 5. Section 9., "ANNUAL AUDIT," shall be revised to clarity audit requirements applicable to the Subgrantee to conform with federal OMB Circular A-l33, 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 of federal OMB Circular A-13 3. To the.extent permitted 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. * * * * * 6. 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: * * * * * a. Maximum per-unit subsidy amount and subsidy layering - The total amount of HOME funds invested Page 2 of4 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 ofthe 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 $598,381.00 to a total of$I,168,480, in accordance with the revised Attachment A, "2008/2009 TAP 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 Lora Brown, Assistant to the President Theodore J. Edlich, III, President 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 TAP Hurt Park Agreement , Financial Accounts Delivery Funds Account No. Description Project Funds Funds Total Activity: Limited Owner-Occupied Rehabilitation I CDBG 35-G09-0920-5534 TAP Hurt Park Owner-Occupied Rehab $121,592 $121,592 CDBG 35-G09-0920-5535 TAP Hurt Park Owner-Occupied Rehab $40,531 $40,531 CDBG 35-01 0-1 020-5534 TAP Hurt Park Owner-Occupied Rehab $134,626 $134,626 CDBG 35-G I 0-1 020-5535 TAP Hurt Park Owner-Occupied Rehab $39,529 $39.529 CDBG Subtotal $256,218 $80,060 $336,278 Activity: Development of Homebuyer Housing CDBG , 35-009-0920-5530 TAP Hurt Park Homeownership $60,700 $60,700 CDBQ 35-01 0-1 020-5530 TAP Hurt Park Homeownership $63,218 $63,218 HOME 35-090-5366-5530 TAP Hurt Park Homeownership $140,464 $140,464 HOME 35-090-5368-5530 TAP Hurt Park Homeownership $206,812 $206,8 1 2 HOME 35-090-5370-5530 TAP Hurt Park Homeownership $80,510 $80,5 1 0 HOME 35-090-5364-5548 TAP HP Homeownership (CHDO) $53,445 $53,445 HOME 35-090-5368-5548 TAP HP Homeownership (CHDO) $112,924 $112,924 HOME 35-090-5370-5548 TAP HP Homeownership (CHDO) $114.129 $114.129 CDBO, HOME & HOME/CHDO Subtotal $832,202 $832,202 Total CDBG and HOME (inc!. CHDO) $1,088,420 $80,060 $1,168,480 Page 4 of 4 9>'" \f. ~Q\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2009. No. 38643-111609. A RESOLUTION authorizing the appropriate City officials to execute, upon certain terms and conditions, Amendment No.2 to the 2008-2009 Community Development Block Grant ("CDBG") Agreement with Rebuilding Together, Roanoke, Inc. ("Rebuilding Together") 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 funding for Rebuilding Together's activities; and WHEREAS, by Resolution No. 38505-070609 and by Budget Ordinance No. 38506-070609, Council accepted and appropriated the 2009-2010 cDBG 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. 2 to the 2008-2009 cDBG Agreement with Rebuilding Together, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter dated November 16,2009. ATTEST: ~ f'0. iY")bW , , City Clerk. ~ R-CDBG-Rebuilding Together-Amend2,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 16, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Amendment NO.2 to the FY 2009 CDBG-funded Agreement with Rebuilding Together, Roanoke, Inc. (Rebuilding Together) 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 $60,000 in CDBG funds for an agreement with Rebuilding Together, Roanoke, Inc. to provide limited repairs to at least fifteen (15) residential homes located within the Hurt Park targeted neighborhood. Amendment No.1 to the agreement extended the time of performance to allow Rebuilding Together additional time to complete the repairs. The City's FY 2010 HUD plan approved by City Council provides an additional $65,000 to Rebuilding Together for providing limited repairs to an additional fifteen (1 5) eligible, owner- occupied homes. Rebuilding Together has committed to provide over $135,000 in matching funds and in-kind services towards the repair of the thirty (30) homes. Honorable Mayor and Members of City Council November 16, 2009 Page 2 Considerations: Although Council's action was not required for the execution of the 2009 agreement, Section 2-124 of the City Code does require Council approval when an amendment to any grant or subgrant agreement is in excess of $25,000. The $65,000 in additional CDBG funds for Rebuilding Together's activities were authorized by City Council through Resolution No. 38451-051109, which approved the FY 2010 Annual Update to the City's HUD Consolidated Plan. The action sought by this report will provide these funds by amending Rebuilding Together's current FY 2009 contract documents. This amendment will also extend the end date of the agreement to November 30, 2010, to allow Rebuilding Together sufficient time to complete the limited repairs to the additional fifteen (15) homes. Recommended Action: Authorize the City Manager to execute Amendment No.2 to the 2008-2009 CDBG Agreement with Rebuilding Together, Roanoke, 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. Bu City Manager Attachments c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance , R. Brian Townsend" Assistant City Manager for Community Development Thomas N. Carr, Director of Planning, Building and Development Frank E. Baratta, Budget Team Leader CM09-00 1 98 ~~. ~ t; . . . I.: ~ _ . 1."1. AMENDMENT NO.2 This Amendment is made and entered into this _th 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: Rebuilding Together, Roanoke, Inc. P. O. Box 4532 Roanoke, Virginia 24015 WIT N E SSE T H: WHEREAS, by Resolution No. 38083-051208, the Council ofthe City of Roanoke, Virginia, ("Council") approved the 2008-2009 Annual Update to the Consolidated Plan for submission to the U.s. Department of Housing and Urban Development ("HUD"), including funding for the Subgrantee's 2008-2009 activities to be assisted with Community Development Block Grant ("CDBG") funds; and WHEREAS, by Resolution No. 38135-061608 and by Budget Ordinance No. 38136-061608, Council accepted and appropriated the 2008-2009 CDBG funds; and WHEREAS, under ~2-124 of the Code of the City of Roanoke, Virginia, as amended, the City Manager is authorized to execute this Subgrant Agreement ("Agreement") between the Grantee and the Subgrantee; and WHEREAS, said Agreement was entered into on October 14,2008; and WHEREAS; at the request of the Subgrantee, Amendment No.1, dated September 11,2009, allowed additional time in order to complete the scope of services required by the Agreement; and 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 funding for the Subgrantee's Hurt Park housing activities to be assisted with Community Development Block Grant ("CDBG") funds; and WHEREAS, by Resolution No. _____-091116, Council approved the execution of Amendment NO.2 to the Agreement between the Grantee and the Subgrantee. NOW, THEREFORE, the parties hereto mutually agree to this Amendment NO.2 which effects the following changes: 1 . SCOPE OF SERVICES: a. General -- The services to be performed by the Subgrantee under this Agreement shall be known as the "Hurt Park - RebUilding Together Project" and shall have as their purpose the rehabilitation / limited repairs to at least thirty (30) re.sidential homes located within the Hurt Park targeted neighborhood to benefit eligible homeowners, as described below. This general scope of services shall be Page 1 of 4 accomplished through use of COBG funding provided by the Grantee and volunteer or other in-kind and/or cash contributions provided by the Subgrantee. 'General responsibilities of the Subgrantee shall include: marketing and outreach; receiving and processing applications for housing assistance; overseeing construction/rehabilitation work; monitoring completed projects; and such other services as may be appropriate to comply with applicable federal regulations. The Subgrantee shall provide all personnel required to perform the services under this Agreement, within the limits of funding provided. All of the services required hereunder will be performed by the Subgrantee or under its supervision. All personnel engaged in the work, including volunteers, shall possess the appropriate skills and/or capabilities needed to accomplish such services. * * * c. Performance Expectations - The efforts of the Subgrantee pursuant to the activities set forth under this Agreement are expected to achieve the following. (1) HUO Outcome Measurement: The primary outcome addressed by this program with respect to the HUO Performance Measurement System is to provide increased sustainability of decent, affordable housing in the Hurt Park neighborhood. (2) ( Specific Quantifiable Objectives: It is expected that this project will achieve the following: By November 30, 2010, it is expected that the Subgrantee shall complete the limited rehabilitation of at least thirty (30) single-family owner-occupied units. . * * * f. Period ofthis Agreement - This Agreement shall be effective as of July 1,2008, and, unless amended, shall end November 30, 2010. * * * g. Budget - Unless amended, the total amount ofCOBG funds provided by the Grantee under this Agreement shall not exceed $125,000. Of this amount, not more than $20,500 shall be used by the Subgra,ntee for project delivery costs without prior written approval from the Grantee. At the sole discretion of the Grantee, any funds remaining unexpended as of the 30th calendar day following the end date of this Agreement may be deobligated and made available for other COBG projects ofthe Grantee. The commitment of funds by the Grantee to this Agreement shall not be construed as a commitment by the Grantee to provide further funding to this project. * * * i. Subgrantee Investment - In consideration of the in-kind or cash resources that the Subgrantee, as part ofthe Partnership proposal to the Grantee, indicated would be made available to the project, it is understood that the value of this investment in Page 2 of 4 the project by the Subgrantee from such other resources shall be $150,000.00. * * * 8. MONITORING: 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 perforr;nance and financial and programmatic compliance as part of disbursement processing and other desk reviews, on-site reviews and/or other means, as appropriate. 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. However, as an entity expending less than $500,000 in federal funding in a fiscal year, the Subgrantee is not required to undergo an annual independent audit of the expenditures under this Agreement for federal purposes. Therefore, expenditures, including any for anaudit undertaken by the Subgrantee to comply with the local City Council policy, are not chargeable to the funds under this Agreement. * * * The Agreement, dated October 14, 2008, and Amendment No.1, dated September 11,2009, shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.2 as ofthe day and year hereinabove written: ATTEST: CITY OF ROANOKE, VIRGINIA By . Stephanie M. Moon, City Clerk By Darlene L. Burcham, City Manager ATTEST: REBUILDING TOGETHER, ROANOKE, INC. By Secretary ?f the Board By Ed Murray, Executive Director APPROVED AS TO CDBG ELIGIBILITY: APPROVED AS TO FORM: Page 3 of 4 Dept. of Planning Building & Development APPROVED AS TO EXECUTION: City Attorney Assistant City Attorney APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED: Director of Finance Date: Account #s: Project Costs: 35.G09-0920-5538. $52,500 35.G10.1020.5538. $52,000 Delivery Costs: 35.G09.0920.5539. $7,500 35.G1 0-1 020-5539 - $13,000 Page 4 of 4 f0% IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of November, 2009. No. 38644-111609. A RESOLUTION authorizing execution by the City Manager of Amendment No.3 to the City of Roanoke' s contract with Manatron, Inc., dated July 31, 2007, for the purpose of authorizing an increase in the dollar amount of the contract by $180,168.95, in order to provide certain City departments with the business and technical services necessary to implement the multi-department j revenue and accounts receivable system provided by the contract, and to upgrade the automated remittance processor in the City Treasurer's Office. BE IT RESOLVED by the Council ofthe City of Roanoke that: 1. The City Manager is hereby authorized to execute Amendment No.3 to the City of Roanoke's contract with Manatron, Inc., dated July 31,2007, which increases the contract amount by $180,168.95, for a total contract amount of$788,219.95, for the purpose of providing the City's Office of Real Estate Valuation, the Department of Billings and Collections, the Commissioner of the Revenue's Office, the City Treasurer's Office, and the Department of Technology, with the business and technical services required to configure and implement the :first phase of the multi-departmental revenue and accounts receivable system provided by the contract, as well as upgrading the automated remittance processor in the City Treasurer's Office, as more particularly set forth in the letter ofthe City Manager to Council dated November 16, 2009. 2. All documents shall be in a form approved by the City Attorney. ATTEST: ~ht,~ 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 16, 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.3 to Contract with Manatron, Inc. Background: The City and Manatron, Inc. (the 'vendor') entered into a contract for software and services for the deployment of a state-of-the-art revenue system that includes components for real estate billing, cashiering, collections, business license, and personal property. The contract term is from August 1, 2007, through January 1, 2010, with the option for the City to extend the contract on an annual basis. The present legacy revenue systems reside on antiquated technology that no longer meets the needs of the City's business departments. These systems are overdue for replacement, having been implemented over twenty years ago. Once implemented, the Government Records Management (GRM) systems will provide the City with a fully integrated real estate valuation and revenue systems with robust applications and reporting capability. An amendment to the contract is needed in order to bring the vendor onsite to provide the City departments involved (Real Estate Valuation, Billings and Collections, the Commissioner of the Revenue, the Treasurer's Office, and the Department of Technology) with the business and technical services required to configure and implement the first phase of this full featured, multi-department software application system. There have been several Honorable Mayor and Members of City Council November 16, 2009 Page 2 previous attempts to "go live" with the system but'software readiness, quality assurance, lack of confidence in ,the software and inadequate support from the vendor as well as the level of staff hours committed have delayed implementation which is now scheduled for February 15, 2010. In addition, the City's Treasurer's Office is seeking to upgrade the automated remittance processor that has been in operation in that office since 2002. This proposed amendment to the contract with Manatron for the additional services referred to above would increase the contract amount by $180,168.95 for a total contract amount of $788,219.95. The proposed amendment exceeds the greater of 25% of the original contract amount or ,$50,000; therefore, in accordance with the City Charter, City Council approval is needed to pay for such additional 'services through an amendment to the contract. The original contract amount of $498,475 was amended twice previously. The first amendment was for $86,905, the second for $22,671. Funding for this amendment is available in project account 13-430-9908 (Tax Treasury Project). Recommended Actior'!: Authorize the City Manager to execute Amendment No. 3 to the above mentioned contract between the City and Manatron, Inc., such amendment to be approved as to form by the City Attorney. Respectfully submitted, Darlene L.Bu cham City Manager c: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Stephanie M. Moon, City Clerk ' William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance James Grigsby, Assistant City Manager for Operations Sherman M. Stovall, Director of Management and Budget Roy M. Mentkow, Director of Technology Susan S. Lower, Director of Real Estate Valuation CM09-00200 l~~ IN THE COUNCIL Of THE CITY Of ROANOKE, VIRGINIA The 16th day of November, 2009. No. 38645-111609. AN ORDINANCE to appropriate additional funding from recreation program fees for program activities, amending and reordaining certain sections of the 2009-2010 General fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that,the following sections of the 2009-2010 General fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: . Appropriations Program Activities-Tours and Travel 01-620-7110-2304 Revenues Tours and Travel 01-110-1234-1530 $100,000 100,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~'01.~ 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 16, 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: Budget Amendment - Additional Recreation Programs Background: Despite the slowing of the economy over the past year, recreation programming has been extremely popular and successful. During FY09, Parks and Recreation offered 1,146 programs with a success rate of 82%. One area that was lagging was tours and travel, due mostly to the lack of adequate staffing and the necessary vehicles to offer extended travel opportunities. Within the past two months, three separate travel and/or bus companies have contacted the Department expressing an interest to develop a partnership for the facilitation of tours and travel. Although this service will be priced to recover upwards of 110% of direct costs, additional funding is necessary to cover the program costs in the current fiscal year. Considerations: As baby boomers and seniors find themselves at a point in their life with more free time, many are opting to travel, even in the current economic climate. It should be noted that there are several local jurisdictions providing tours, though none of them will rival this offering. Parks and Recreation was authorized to engage in a Request for Proposal (RFP) process for extended and multi-day tours and travel services. After interviewing two prospective vendors, Honorable Mayor and Members of City Council November 16, 2009 Page 2 Holiday Tours was the interview panel's selection. An estimated 36 tours will be offered in the term of the proposed contract with Holiday, totaling approximately $90,000 in expenditures (an average of 10 participants per tour at $250 per person) and approximately $100,000 in revenues (an average fee of $278 per person per tour) for the Department. The $90,000 in expenditures will be paid to Holiday for their services while the additional $.10,000 in revenues will be used for marketing future tours. Recommended Action: Adopt the accompanying budget ordinance to have the Department of Finance to establish the revenue estimate for a new revenue line item, "Tours and Travel", in the amount of $100,000, and appropriate the same amount to a new expenditure line item, "Program Activities - Tours and Travel". Respectfully submitted, Darlene L. B cham City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H.Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Steven C. Buschor, Director of Parks and Recreation CM09-00195 Cl~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2009. No. 38646-111609. AN ORDINANCE to appropriate funding from local businesses and the Virginia Municipal League (VML) for sponsoring Host City Night at the 2009 VML Conference held in Roanoke, amending and reordaining certain sections of the 2009- 2010 Civic Facilities 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 Civic facilities Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations VML Conference Host City Night Revenues VML Conference Host City Night 05-550-2105-3068 $ 30,960 05-110-1234-9612 30,960 , Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~"'rY).Yn~~ ~ City Clerk. 0 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 16, 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: Virginia Municipal League Conference Donations and VML Reimbursement Background: The City of Roanoke hosted the 2009 Virginia Municipal Conference on Oct. 18-20, 2009, which included the Host City Night reception and dinner for conference attendees. Considerations: Donations totaling $16,000 were received from local businesses to fund non-allowable expenses associated with the Host City Night event. In addition, the Virginia Municipal League provided $14,960 in reimbursement based on $20 per conference registrant to support the host events. Recommended Action: Adopt the accompanying budget ordinance to establish a revenue estimate in the Civic Facilities Fund in the amount of $30,960 for the VML Honorable Mayor and Members of City Council November 16, 2009 Page 2 Conference (05-110-1234-9612.) Appropriate funding in the amount of $30,960 to t~e VML Conference expenditure account (05-550-2105-3068) in the Civic Facilities Fund. Respectfully submitted, Darlene L. B cham City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget Melinda B. Mayo, Public Information Officer CM09-00204 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER, CPA Director of Finance November 16, 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: September Financial Report - City of Roanoke The following financial report provides commentary on the City's financial results for the first quarter of this fiscal year. General Fund revenues for the first quarter of FY1 0 are $835,000 or 1.9% below last year as presented in the accompanying financial statement. However, revenues in total are impacted by a revenue recognition policy change in the Charges for Services category. Adjusted for this change, total revenues are down $316,000 or 0.7%. Real Estate Tax collections have increased over last year and the total levy for FYl 0 grew 2% as a result of commercial growth and new construction. Other local taxes, most notably the local portion of the state sales tax, have declined due to current economic impacts. The current expenditure budget for FY1 0 represents a 1.4% decrease from the budget as of September FY09 due primarily to budget reduction measures including reductions in the number of employee positions, employee benefits, and programs and services. As of the first quarter, actual expenditures are up 3.5% compared to the first three months of FY09 largely driven by Public Safety. Both positive and negative variances are discussed in the expenditure section of this narrative. Revenues: The City's revenue recognition practices call for the accrual back to the prior year of revenues received within the first sixty days of a fiscal year provided the taxes relate 'i 1,: Honorable Mayor and Members of Council November 16, 2009 Page 2 to the period through June 30th. This practice results in many low revenue amounts as of the end of our first quarter, most notably in local and Intergovernmental taxes. Commentaries on significant variances are shown below. General Property Taxes increased $603,000 or 2.7% due to growth in real estate assessments. The total levy for real estate increased 2.0% and collections so far in FY 10 are ahead of FY09. Other Local Taxes decreased $567,000 or 7.0%. The majority of our local taxes are trending lower due to the negative impact of the national economic decline. Sales tax revenues, which began to decline in January 2009, are 18.0% lower this year through September sales. Food and Beverage, Transient Occupancy, and Cigarette taxes have also declined 3.5%,10.1%, and 7.2%, respectively. Permits. Fees. and Licenses decreased $162,000 or 48.4% from FY09. New construction has slowed due to the declining economy resulting in lower permit . revenues. The number of permits obtained in the first quarter of this fiscal year versus last year decreased by 7.5%. In addition, there were several commercial permits obtained in the 1st quarter of FY09. The total value of permits for first quarter this year versus last declined 73% from $52 million to $14 million. Revenue from the Use of Money and Property fell $79,000 or 34.6% due to the loss of rental income from State employees vacating space at the Commonwealth Building. Intergovernmental revenues decreased $109,000 from last year. The variance is primarily due to the timing of collections of Comprehensive Services Act reimbursements. It is important to note that this category will be impacted by $1.1 million in additional Commonwealth budget reductions to constitutional officers as well as reduced funding for law enforcement, libraries, and various social services. Charges for Services decreased $541,000 or 23.8% compared to FY09 due to a timing difference and a change in revenue recognition policy. This change was implemented July 1, 2009. Though it impacts results in the' current report, this is not expected to alter revenue in this category for the fiscal year as a whole. Expenditures: The fiscal year 2010 General Fund expenditure budget totals $257.9 million and includes funding of approximately $1 million to cover contracts and purchase orders made during fiscal year 2009 but not paid by the end of that year. The General Fund expenditures and encumbrances through September were $68.4 million. Compared to the prior year, these expenditures, in total, represent an increase of 3.5% or approximately $2.3 million. Both increases and decreases are discussed in the following sections. Honorable Mayor and Members of Council November 16, 2009 Page 3 Public Safety expenditures grew 6.1 % or $1.0 million due primarily to increased personal services costs in the Police Patrol, Police Investigations and Fire Operations departments. This variance is due to a number of factors, primarily because there were more vacant positions during the first quarter last year than in FY10. In addition, termination leave wages have been higher due to retirements. Community Development expenditures increased 13.6% or $218,000 due primarily to timing of membership and affiliation payments, most notably Marketing Initiative, Convention and Visitors Bureau, and Virginia Western Community College. The majority of this timing difference will be recti~ied in October. Transfers to Debt Service Fund increased 17.6% or $714,000 compared to FY09. The variance is due to a scheduled increase in principal payments of the 2006C refunding bonds. Debt payments are expected to remain within budget for FY1 O. Nondepartmental expenditures increased 47.5% or $369,000. There has been a significant increase in transfers to the Grant Fund as of September compared to the prior fiscal year. However, this variance is related to timing and overall expenditures in this category are expected to be within budget for the year. Civic Facilities Fund: Prior year results are not fully comparable since the City and Global Spectrum accounting methods differ. Comparisons between years will focus on the Operating Income or Loss measure as well as the Change in Net Assets which provides a meaningful comparisons. The Operating Loss for FY10 year to date worsened by $24,000 or 4.3% when compared to FY09. The Loss Before Transfers and Contributions was $740,607 or down 4.9% compared to prior year. The first quarter of the year typically trends weaker than other times of the year for the Civic Center. First quarter FY09 preceded the economic downturn, therefore, FY10 naturally compares unfavorably to FY09. Given that general consumer spending has been down 18% YTD in FY10, the 4.9% decline in the Civic Center actually indicates positive progress. Global Spectrum management of the Civic Center operations continues to bring about improvements in the quality and quantity of events. There were twenty-one events in September, bringing the year to date paid attendance up to 38,322. This put the Civic Center ahead of budget by 12,822 attendees and 12 events. We expect to see improvements in the financial performance as the economy rebounds. Honorable Mayor and Members of Council November 16, 2009 Page 4 Parking Fund: Operating Income for the 2010 fiscal year to date reflects a decline of $63,000 or 27.8% compared to FY09. This decline was the result of a 4.9% decrease in revenues and an increase in expenses of 6.1 %. ~ A reduction of leased spaces by two major customers had a significant negative impact on revenues for Church and Tower garages. ~ Increased Operating Expense were driven by higher utility costs, maintenance costs, and management fees. Market Building Fund: The Market Building results reflect an additional Operating Loss of $1,500 in the current year compared to the prior year. Revenues were down 12.3% which was partially offset by a decrease of 7.7% in expenses. ~ The Market Building had two vendor vacancies for the first quarter in FY10 as compared to the same time in FY09. The vacancies drive the revenue variance. ~ The transfer from the Capital Projects Fund of $2.2 million is for Market Building renovations. In closing, we started out a difficult fiscal year 2010 with many challenges. The national economy appears to be improving although not as quickly as everyone had hoped. The impact from slower economic recovery continues to unfavorably impact the City on the local tax revenue side. And the City continues to be proactive in addressing financial responsibilities to manage our current fiscal year expenditures to remain within our revenue projections. Please call me with any questions you have on the City financial statements. I will be glad to assist you. Sincerely, ,(J6~ Ann H. Shawver Director of Finance Attachments Honorable Mayor and Members of Council November 16, 2009 Page 5 c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk James Grigsby, Assistant City Manager R. Brian Townsend, Assistant City Manager Sherman M. Stovall, Director of Management and Budget Deborah J. Moses, Parking Facilities Manager Chris Connolly, General Manager, Global Spectrum Rita D. Bishop, Superintendent, Roanoke City Public Schools Curtis Baker, Deputy Superintendent of Operations, Roanoke City Public Schools City of Roanoke, Virginia Report of City Manager Transfers Quarter Ended September 30, 2009 Transfer Number Date Explanation From To Amount CMT09-00140 07/22/09 Acoustical Improvements - GRTC Trolley Match Civic Facilities - Civic Center $ 47,447 Special Events Center Expansion Project CMT09-00146 07/30/09 HOME Investment Partnership Grant Fund HOME Investment 69,277 Program Partnership Program CMT09-00 150 08/11/09 Allocation of Mini-grant and City Manager - Police - Services 26,648 Donated Funds Contingency CMT09-00186 08/28/09 Executive Search Firm for City Miscellaneous Human Resources 25,000 Manger CMT09-00 193 09/09/09 Reinstating Funding to Roanoke City Manager - Park and Recreation and 25,352 Greenways Commission and Contingency Electoral Board Provide Funding to Electoral Board/Registrar CMT09-00194 09/16/09 Replace Two Marked Vehicles Jail Fleet Management 52,966 CMT09-00 196 09/18/09 Thermal Imaging Camera and 5 City Manager - Fire - Operations 36,000 Inch Fire Hose Contingency CMT09-00 198 10/01/09 Hamilton Terrace Greenway Comprehensive Hamilton Terrace Greenway 18,000 Project Greenway Trail CMT09-00215 10/21/09 To Fund Shortage in Tax Sale City Manager - Billings and Collections 35,000 Account to Continue with Tax Contingency Sales Planned for January 2010 and May 2010 Notes: Under City Code section 2-121, the City Manager has authority to make transfers up to $75,000 between departments from July through March and in any amount from April to June. The City Manager has the authority to make unlimited transfers within departments. The scope of this report ;s limited to interdepartment transfers that are $10,000 or greater. City of Roanoke, Virginia Report of City Manager Contingency Quarter Ended September 30, 2009 Transfer Number Date Explanation Balance of Contingency at July 1, 2009 Continoencv Transfers: CMT09-00193 09/09/09 Provide Funding to Electoral Board/Registrar CMT09-00196 09/18/09 Funding for Thermal Imaging Camera and 5 Inch Fire Hose CMT09-00199 10/06/09 Funding for Refreshments at Diversity Conference CMT09-00215 10/21/09 To Fund Shortage in Tax Sale Account to Continue with Tax Sales Planned for ! January 2010 and May 2010 Available Contingency at September 30, 2009 2 To Electoral Board Fire Human Resources Billings and Collections Amount $ 1,107,354 (18,632) (36,000) (955) (35,000) $ 1,016,767 CITY OF ROANOKE, VIRGINIA GENERAL FUND FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2009 STATEMENT OF REVENUE (UNAUDITED) Revenue Source General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Intergovernmental Charges for Services Internal Services Transfers From Other Funds Miscellaneous Revenue Total Current' Actual Revenue July 1 - September 30 Budget 2009 - 2010 $ 100,966,000 $ 23,104,540 72,499,000 7,498,748 1,166,000 173,376 1,472,000 357,582 597,000 149,833 69,168,307 10,312,489 7,855,000 1,732,514 2,637,000 437,020 20,000 20,000 505,000 185,304 $ 256,885,307 $ 43,971,406 Actual July 1 - September 30 2008 . 2009 $ 22,501,281 8,065,647 335,713 359,598 229,012 10,421,813 2,273,853 480,848 138,746 $ 44,806,511 STATEMENT OF EXPENDITURES AND ENCUMBRANCES (UNAUDITED) Expenditures General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Total Current Expenditure Budget $ 12,730,988 7,880,850 60,335,994 25,813,148 39,417,795 9,805,345 7,078,276 22,175,753 63,847,461 8,828,373 $ 257,913,983 Actual July 1 - September 30 2009 - 2010 $ 3,317,273 1,931,658 18,004,003 9,004,921 9,170,689 3,260,345 1,818,292 4,766,526 15,961,865 1,144,664 $ 68,380,236 3 Actual July 1 - September 30 2008 - 2009 $ 3,167,495 1,926,500 16,975,838 9,509,073 8,801,130 3,390,975 1,600,787 4,052,145 15,836,865 775,921 $ 66,036,729 Percent of Budget Received 22.9% 10.3% 14.9% 24.3% 25.1% 14.9% 22.1% 16.6% 100.0% 36.7% 17.1% Percent of Budget Obligated 26.1% 24.5% 29.8% 34.9% 23.3% 33.3% 25.7% 21.5% 25.0% 13.0% 26.5% FY10 vs FY09 Variance 2.7 % -7.0 % -48.4 % -0.6 % -34.6 % . -1.0 % -23.8 % -9.1 % 100.0 % 33.6 % -1.9 % FY10 vs FY09 Variance 4.7 % 0.3 % 6.1 % -5.3 % 4.2 % -3.9 % 13.6 % 17.6 % 0.8 % 47.5 % 3.5 % CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2009 (UNAUDITED) FY 2010 FY 2009 Operatina Revenues Rentals Event Expenses Advertising Admissions Tax FacilitySurchargefTicket Rebate Commissions Ancillary Miscellaneous $ 417,373 265,827 12,501 84,280 55,899 27,543 22,834 14,102 $ 133,028 29,729 12,501 34,592 31,713 14,890 16,107 75 Total Operating Revenues 900,359 272,635 Operatina Expenses Personal Services Operating Expenses. Management Fees Depreciation 250,721 930,514 78,060 233,490 367,908 254,999 217,851 Total Operating Expenses 1,492,785 840,758 Operating Loss (592,426) (568,123) Nonoperatina Revenues/(Expenses) Other Investment Income I nterest Expense (346) 4,399 (152,234) 14,849 5,476 (157,845) Net Nonoperating Expenses (148,181 ) (137,520) Loss Before Transfers and Contributions (740,607) (705,643) Transfers and Contributions Transfer from Capital Projects Fund 47,447 Net Transfers and Contributions 47,447 Change in Net Assets $ (693,160) $ (705,643) NOTE: Differences in operating and a~counting methods used by the City and Global Spectrum diminish th meaningfulness of comparisons between FY09 and FY10 above the "Operating Loss" line. 4 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2009 (UNAUDITED) FY 2010 FY 2009 ODeratinQ Revenues Market Garage $ 75,614 $ 84,839 Elmwood Park Garage 128,987 128,212 Center in the Square Garage 73,425 73,593 Church Avenue Garage 154,755 178,998 Tower Garage 106,357 128,681 Gainsboro Garage 35,862 32,316 Campbell Garage 5,949 4,021 Williamson Lot 22,634 20,254 Higher Ed Center Lot 14,543 13,798 Market Lot 5,357 5,522 Elmwood Lot 20,099 19,017 Warehouse Row Lot 9,065 7,195 West Church/YMCA Lots 6,567 6,568 Parking Violations (All Locations) 11,569 2,150 Total Operating Revenues 670,783 705,164 ODeratinQ EXDenses Operating Expenses 296,960 273,159 Depreciation 208,914 203,709 Total Operating Expenses 505,874 476,868 Operating Income 164,909 228,296 NonoDeratinQ Revenues/(ExDenses) Investment Income 7,265 16,750 Interest Expense ( 115,690) (124,898) Net Nonoperating Expenses (108,425) (108,148) Income Before Transfers and Contributions 56,484 120,148 Transfers and Contributions Transfers In 8,586 Net Transfers and Contributions 8,586 Change in Net Assets $ 56,484 $ 128,734 5 CITY OF ROANOKE, VIRGINIA MARKET BUILDING FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2009 (UNAUDITED) FY 2010 Operating Revenues Charges for Services 52,437 $ $ Total Operating Revenues 52,437 Operating Expenses Other Services and Charges Depreciation 46,297 24,912 Total Operating Expenses 71,209 Operating Loss (18,772) Nonoperating Revenues Investment Income 2,453 Net Nonoperating Revenues 2,453 Loss Before Transfers & Contributions (16,319) Transfers and Contributions Transfer from Capital Projects Fund 2,205,062 (1) Net Transfers and Contributions 2,205,062 Change in Net Assets $ 2,188,743 $ (1) Funding for Market Building renovation. 6 FY 2009 59,813 59,813 53,161 23,961 77,122 (17;309) 2,323 2,32~ (14,986) ( 14,986) CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED SEPTEMBER 30, 2009 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE City OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED SEPTEMBER 30, 2009. BALANCE AT AUG 31, 2009 CONSOLIDATED FUNDS $78,187,916.54 RECEIPTS $41,010,755.19 BALANCE AT BALANCE AT DISBURSEMENTS SEP 30, 2009 SEP 30, 2008 $28,518,454.34 $90,680,217.39 $102,629,410.70 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDING SEPTEMBER 30,2009. THAT SAID FOREGOING: CASH CASH IN HAND CASH IN WACHOVIA BANK CASH IN HOMETOWN BANK CASH IN VALLEY BANK INVESTMENTS: WACHOVIA OVERNIGHT SWEEP ACCOUNT LOCAL GOVERNMENT INVESTMENT POOL SMITH BARNEY GOVERNMENT MONEY MARKET FUND CERTIFICATES OF DEPOSIT U. S. AGENCIES VIRGINIA AIM PROGRAM (U. S. SECURITIES) VIRGINIA SNAP PROGRAM(U. S. SECURITIES) TOTAL $27,333.07 2,287,737.53 100.00 1,372.33 1,739,000.00 15,091,453.46 8,208,597.57 27,047,908.35 2,000,000.00 7,120,202.19 27,156,512.89 $90,680,217.39 NOVEMBER 9, 2009 7 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE THIRD MONTH ENDED SEPTEMBER 30, 2009 (UNAUDITED) FY 2010 FY 2009 Add itionsllRed uctions ): Employer Contributions $ 2,541,235 $ 2,721,151 Investment Income Net Appreciation/(Depreciation) in Fair Value of Investments 32,157,391 (33,944,619) Interest and Dividend Income 1,192,870 2,226,563 Total Investment Gain/(Loss) 33,350,261 (31,718,056) Less Investment Expense (43,826) (77,702) Net Investment Gain/(Loss) 33,394,087 (31,640,354) Total Additions/(Reductions) $ 35,935,322 $ (28,919,203) Deductions Benefits Paid to Participants Administrative Expenses Total Deductions Net Increase/(Decrease) $ 6,872,756 $ 6,489,128 3,661 (2,994) 6,876,417 6,486,134 29,058,905 (35,405,337) Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 Fund Balance September 30 266,428,241 $ 295,487,146 344,383,415 $ 308,978,078 Note: Negative expense amounts reflect the reversal of accrual accounting entries made for fiscal year-end reporting purposes. \ 8 CITY OF ROANOKE PENSION PLAN STATEMENT OF PLAN NET ASSETS SEPTEMBER 30, 2009 (UNAUDITED) FY 2010 FY 2009 Assets Cash $ 350,612 $ 794,895 Investments, at Fair Value 297,430,104 310,350,182 Due from Other Funds 477 636 Total Assets $ 297,781,193 $ 311,145,713 Liabilities and Net Assets Liabilities: Due to Other Funds Accounts Payable $ 2,293,689 358 $ 2,167,635 Total Liabilities 2,294,047 2,167,635 Net Assets Held in Trust For Pension Benefits $ 295,487,146 $ 308,978,078 9 ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2009. No. 38647-111609. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2010 Session of the General Assembly. WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; and WHEREAS, the Legislative Committee of City Council has by report, dated November 16, 2009, recommended to Council a Legislative Program to be presented at the 2010 Session of the General Assembly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Legislative Program transmitted by report of the Legislative Committee, dated November 16, 2009, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2010 Session of the General Assembly. 2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 2010 Session ofthe General Assembly to attend Council's meeting relating to legislative matters, to be held at 9:00 a.m., on December 7, 2009. . ATTEST: '~M.~~ City Clerk. \ CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S. W. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 Council Members M. Rupert Cutler Sherman P. Lea Gwen W. Mason Anita J. Price Court G. Rosen David B. Trinkle DAVID A. BOWERS Mayor November 16, 2009 The Honorable Mayor and Members of City Council Roanoke, Virginia .Re: 2010 Legislative Program Dear Mayor Bowers and Members of Council: City Council's Legislative Committee has met twice to review the proposed 2010 Legislative Program. A copy of the proposed Legislative Program for this year is attached. After careful review, 'the Committee recommends it to City Council for favorable action. The School Board portion of the Program was approved by the School Board at its meeting on November 10,2009. . As Chair of the Legislative Committee, I wish to thank the other members of Council, who comprise the Committee, including Ms. . Vaught and Mr. Putney of the School Board. We also wish to thank Bill Hackworth, City Attorney, who coordinated and prepared this Program. As Chair of the Legislative Committee, I commend the Program to City Council for its approval. I am confident the members of the Council will agree that the recommended Program . will advance the legislative interests of the City and its people at the 2010 Session. Da id Trinkle, Chair Legislative Committee WMH/DT fIsc Attachments c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Dr. Rita Bishop, Superintendent Todd A. Putney, Member, Legislative Committee Lori E. Vaught, Member, Legislative Committee Stephanie M. Moon, City Clerk 2010 Legislative Program Legislation Requested TransDominion Express Commission. Sen. Edwards has proposed legislation which would establish the TransDominion Express Commission to be responsible, with the TransDominion Corridor, for identifying needed construction, reconstruction, improvements of or repaired to railroads and their facilities and equipment to provide enhanced passenger rail service coordinated with freight rail opportunities within the Corridor. The Commission may finance or assist in financing any rail transportation project. (Sen. Edwards patroned S.B. 863 in 2009; it was left in committee. It would have repealed Chapter 1041 of the 2003 Acts of Assembly, which provided for the creation of a Rail Transportation Development Authority but never became effective because its "reenactment clause" was never satisfied) Passenger Rail Service. The City of Roanoke supports the proposal to extend passenger rail service from Bristol through Roanoke and on to Lynchburg and then to Washington, D.C. and Richmond, Virginia (the "TransDominion Express"). Roanoke is the largest city in Virginia without passenger rail service. The 2000 General Assembly provided $9 million in preliminary funding for this important economic development initiative. The City supports the additional State funding necessary to place the service into operation. Priority should be give to instituting passenger rail service between Roanoke and Lynchburg, to enable residents of this region access to passenger rail service. Until this can be accomplished, funding should be made available to institute bus service between Roanoke and Lynchburg, coordinated with train schedules. (Senator Edwards patroned S.B. 864 in 2009; it failed to report from the Finance Committee.) Delinquent Parking Tickets. Section 46.2-752.1, Code of Virginia, authorizes localities to enter into .an agreement with the Commissioner of the Department of Motor Vehicles whereby the Commissioner agrees to refuse to issue or renew any vehicle registration for anyone who owes that locality local vehicle license fees or delinquent tangible personal property tax or parking citations. However, the provision relating to parking citations only applies to citations issued to residents of such locality. As a result, the City has difficulty collecting unpaid parking citations issued to non-residents, mostly from nearby localities. The City has approximately 1,500 unpaid accounts of this type. The limitation in Section 46.2-752.5 to parking citations issued to residents of the locality should be removed. [H.B. 133 introduced by Delegate Ware in 2008 Session; reported from committee, but did not pass in the House.] Dog Rabies Vaccination Reporting Requirements. Section 3.2-6529, Code of Virginia, requires veterinarians who administer rabies vaccinations to dogs to send a certification of such vaccination "to the treasurer of the locality where the vaccination occurs." This causes treasurers throughout the Commonwealth to have to forward such certificates to the treasurer of the jurisdiction of the dog's owner. Section 3.2-6529 should be amended to require 1 veterinarians to send dog rabies certificates to the treasurer of the jurisdiction in which the owner of the dog resides, and a standardized reporting form for this should be specified. Fee for "Stop Payment Checks~'. Section 8.01-27.1, Code of Virginia, authorizes localities to charge a "bad check return fee" to citizens who write checks to the localities with insufficient funds in their accounts to cover them. Some citizens write checks to localities, then have their bank "stop payment" on the checks. Section 8.01-27.1 was amended in 2009 to authorize localities to impose a similar fee on citizens who write checks, then stop payment on them. A similar statute, Section 15.2-106, Code of Virginia, also needs to be amended, in the same fashion. (Requested by Evelyn Powers, City Treasurer.) Virginia's First Regional Industrial Authority. The City, along with fourteen other jurisdictions, is a member of Virginia's First Regional Industrial Authority. The Authority's Board has proposed amending Section 15.2-6415, Code of Virginia, pertaining to the withdrawal of jurisdictions from such an authority, to permit localities to withdraw with the approval of a majority of all the other members of the authority (as opposed to the current requirement that such approval be unanimous), provided that a withdrawing member must pay, or arrange to pay, its share of any debt incurred by the authority, and that it pledge to pay its annual dues to the authority for two years after withdrawing. The City supports this proposal. Legal Advertising. The City and its citizens expend tens of thousands of dollars annually to publish legal ads in newspapers, as required by various State laws for various types of notices. State law should be changed to permit some of these notices to be given by the Internet or by radio or television, in order to reduce costs, or the required number of publications of such ads should be reduced. Examples: Section 15.2-2285. Notice of all zoning text amendments and rezonings must be advertised twice before they are considered by the planning commission, then twice again before being considered by the governing body. Section 15.2-2606.A. Two ads must be published for all public hearings on bond issues. Section 15.2-3107. Two ads must be published before localities can agree on voluntary boundary line adjustments. Section 15.2-107. Two ads must be published before zoning or subdivision fees, or sewer and water fees, can be imposed or raised. Business Licenses. Section 58.1-3700, Code of Virginia, authorizes localities to adopt ordinances requiring that no business license be issued to an applicant who is delinquent in the payment of certain taxes, such as business license taxes, personal property taxes, etc. The statute does not, however, prohibit a delinquent taxpayer from obtaining licenses for new businesses (as opposed to renewing an existing business license). It should be amended to prohibit this. 2 Other Le2islative Priorities ReQuests related to Qualitv of life/public health. safety and welfare Preserve Sovereign Immunity. On October 23,2009, the Boyd-Graves Conference (composed of lawyers who represent the interests of both plaintiffs and defendants) voted to recommend that the sovereign immunity of Virginia localities be limited, and that the Virginia Tort Claims Act be extended to apply to localities. The Act currently applies to the Commonwealth. One justification cited for this action is that the current system of tort liability is confusing and unfair, in that counties have total sovereign immunity, which cities have liability for injuries incurred during the performance of a "proprietary" function, but have immunity when injuries are incurred during the performance of a "governmental function". Abolishing sovereign immunity could be very expensive for the City's taxpayers. The City opposes placing the City and other localities under the Virginia Tort Claims Act. Outdoor Lighting. Legislation is requested which would authorize the City to regulate, through its zoning ordinance, exterior illumination levels of the lighting on new buildings and structures. Albemarle and Prince William Counties (see ~15.2-504.1, Code of Virginia) and Arlington County (see ~15.2-742, Code of Virginia) have this authority. Rental Inspection. Amend Section 36-105.1:1, Code of Virginia, to authorize localities that have rental inspection programs to require the owner of any multifamily development with more than ten dwelling units to erect a sign on the property identifying the name, address, and phone number of the person or entity that manages the development. (Proposed in 2009 by informal blight study group of certain localities in which the City participated.) Recycling. Seek legislation authorizing the City (or all localities which are required by the State to attain a 25% recycling rate) to require all of its citizens to recycle such materials as are specified by the City. (Requested by Skip Decker, Division Manager, Solid Waste Management. ) Smoking in Public Places Outdoors. Enabling legislation should be enacted to authorize localities to regulate or prohibit smoking in defined areas outdoors, such as in proximity to the entrance to buildings, in recreational areas, and in areas where children's programs are being conducted. Cigarette Butt Deposits. Enabling legislation should be adopted authorizing localities to impose a refundable fee on each cigarette sold; the refund would be made up on the return of the cigarette "butt". (Suggested by Council member Gwen Mason.) Vacant Building Registration. Section 15.2-1127, Code of Virginia, authorizes cities, by ordinance, to require the owners of buildings that have been vacant for a continuous period of 3 twelve months or more to register such buildings on an annual basis, and to impose an annual registration fee not to exceed $25.00. This registration fee is inadequate, and should be increased to an amount "not to exceed $250.00." Agents for Rental Units. Section 55-218.1 of the Code of Virginia requires property owners who own four or more units in the Commonwealth of Virginia, but do not reside in the Commonwealth themselves, to maintain an agent who is a resident of the State. It is difficult to serve summons and other notices on property owners who do not live in the same locality, delaying action to address blight. The General Assembly is requested to amend this Code section to require that the property owner's leasing agent or representative operate in the same locality as the property or in an adjacent locality. The legislation could be limited to apply only in those localities, such as Roanoke, which have a significant percentage of houses that are rented. In 2000, only 52% of the housing in the City was owner-occupied. [H.B. 264 introduced by Delegate Ware in 2008 Session; substitute Bill passed.] Rental Inspection. Section 36-105.1: 1, Code of Virginia, should be amended to permit localities with rental inspection programs to inspect rental units covered by such program to be inspected upon every change in occupancy, as was permitted prior to July I, 2005, when this section was amended. [H.B. 174 introduced by Delegate Ware in 2008 Session; left in committee. ] Requests related to law enforcement/domestic violence. Domestic Violence Offense. Legislation should be adopted establishing a requirement that prosecution of any domestic violence offense involving a knife or a gun be expedited. (Suggested by Roanoke Domestic Violence Task Force.) Sale of Spray Paint. Legislation should be enacted that would prohibit the sale of spray paint to minors, unless accompanied by an adult. (Requested by Police Department.) Definition of Prostitution. The definition of "prostitution" in Section 18.2-346, Code of Virginia, should be amended. To convict someone of prostitution, three elements of the crime must be established: an agreement to perform a sex act, an agreement to exchange money or its equivalent for such act, and then the performance of a "substantial act" in furtherance of the crime. According to the Police Department, the "substantial" requirement makes it difficult to convict those guilty of prostitution. It is suggested that either this word be deleted, or replaced with the word "intentional." (Requested by Police Department.) Revenue related requests. Restore State Budget Cuts. The State should restore the funding reductions on local aid made during the last legislative session, and not make any further reductions in local funding. 4 Drug Court. State funding should be maintained for the City's very successful drug court. Abused and Neglected Animals. By State law, localities are required to provide emergency veterinary treatment for animals found to be abandoned, abused, or neglected. Most of these animals have been abandoned, their ownership unknown, and they are unclaimed. At a minimum emergency veterinary care costs $125.00. Last year, the Police Department expended over $13,000.00 for such care. The City requests that legislation be adopted requiring every person convicted of an animal-related offense under State or local law pay a fee of $15.00, which fee may be used by localities to help cover the expense of providing emergency veterinary care. Sales Tax Payments by State. Section 58.1-605.F, Code of Virginia, gives the State Department of Taxation a six month time period in which to distribute to localities sales taxes that are incorrectly paid to another locality, after an audit reveals that an incorrect distribution of such taxes has been made. Localities owed such taxes lose interest on such payments if not paid promptly to the correct locality. It is proposed that the six month time period permitted for such payments be reduced to thirty days. (Requested by Dana Long, Manager, Billings and Collections. ) Penalty for Untaxed Cigarettes. Section 58.1-3832.5, Code of Virginia, provides that localities may impose a penalty for fraud or evasion of payment of a cigarette tax, but limits the penalty to an amount not to exceed fifty percent of the tax owed. At the current tax rate of $.57 per carton, the maximum penalty which may be imposed is $.27 per carton. This limit should be increased, or a penalty in a stated dollar amount authorized. (Requested by Dana Long, Manager, Billings and Collections.) Untaxed Cigarettes. Section 58.1-3832.5, Code of Virginia, authorizes localities to adopt ordinances making it a misdemeanor for persons to possess more than six cartons of untaxed cigarettes. This should be amended to make it a misdemeanor to possess any amount of untaxed cigarettes. (Requested by Dana Long, Manager, Billings and Collections.) Fee for Domestic Violence and Domestic Related Offences. Adopting enabling legislation authorizing localities to impose a fee of $50.00 on those convicted of domestic violence and domestic related offenses would help offset the expense of domestic violence investigations and provide services to victims. This fee would be separate from and in addition to any fine and/or costs otherwise imposed by the courts. (Suggested by the Roanoke Domestic Violence Task Force.) Fee for Transporting Arrestees. Legislation should be adopted authorizing localities to impose a fee ($5.00 is suggested) for each time an arrestee must be transported by local law enforcement, such as transporting them to a holding facility, such fee to be imposed upon the person if convicted of the crime for which he or she was arrested. Such fee would be used to offset the cost of transporting arrestees. (Requested by Roanoke City Police Department.) 5 Conservation Easements. The State should provide some incentive, financial or otherwise, for localities which place land owned by them under a conservation easement, such as assisting in paying for any necessary surveys. Requests related to general government. Advisory Referenda. The City Charter should be amended to permit non-binding advisory referenda to be conducted in conjunction with general elections. In 2004, Sen. Edwards introduced S.B. 133, which would have amended the City's Charter to permit such referenda, if initiated by Council "on any proposed question or group of questions relating to the affairs of the City" or initiated by a petition signed by a number of voters equal to ten percent of the number of the largest number of votes cast in any general or primary election held in the City during the preceding five years. (The bill was left in committee). FOIA. An exemption should be added to Section 2.2-3711 of the Freedom of Information Act to permit governing bodies to discuss in closed meetings the granting of economic development incentives for projects which already have been announced publicly. 6 Vindnia First Cities The City supports the following proposed Virginia First Cities 2010 Legislative Agenda, which is scheduled to be approved December 11: PRESERVE EXISTING STATE AID TO LOCALITIES Preserving state funds for programs directed primarily to urban populations is VFC's highest priority. Any state cuts must minimize and not have a disproportionate impact on localities with high fiscal stress, high poverty concentrations, and aging urban infrastructure. VFC Priority Proerams At-risk Education Incentive Programs State Aid to Local Police Departments (HB 599) CSA CSB's Local Jails and Per Diems Juvenile Justice Assistance Enterprise zone program Street maintenance payments Public transit Generate Additional State Revenues - The General Assembly should raise revenues or roll back tax relief to adequately fund state general fund and transportation responsibilities. During the recession, the state should refrain from passing additional local unfunded mandates and postpone the implementation of costly regulations with a local fiscal impact. EDUCA TION/PREVENTION At-risk education and other dropout prevention programs are VFC priorities. They are crucial to reducing unemployment and crime, which have high costs for the state, localities and citizens. . The At-Risk Add-On, K-3 Class Size Reduction, and Virginia Preschool Initiative and other education incentive fund programs are responsible for improving SOL and NCLB test scores and standards of achievement and reducing student dropout rates. 7 . Evidence from other states suggests more, not less funding, is needed for prevention programs to boost graduation rates and ensure an employable workforce. . Maintain access to the "Smart Beginnings" initiative and the successful "Healthy Families" program. URBAN REVITALIZATION . Brownfields Assessment: Fund Phase II property assessments to facilitate the reuse and redevelopment of brownfield sites. Each brownfield site brought into re-use leverages an average of $16 million in private investment and creates an average of 31 full-time and 44 part-time jobs. . Eminent Domain: Oppose an Eminent Domain Constitutional Amendment. Eminent domain laws were changed substantially in 2007 making a constitutional amendment unnecessary. . Enterprise Zone Program: Fully fund the State Enterprise Zone Program. TRANSPORTATION/LAND USE . Enact state transportation revenue Increases to adequately support the transportation network. . Oppose shifting additional general funds to transportation . Exempt street maintenance payments from VDOT reductions. . Maximize state funding for public transportation and provide strong incentives for participation by all localities in the provision of regional pubic transportation service. . Provide state dedicated funds for intercity passenger rail operating separate from the mass transit fund. . Support state transportation land use policy initiatives that encourage city redevelopment and discourage dispersed development. ADMINISTRATION OF GOVERNMENT . Provide state incentives and additional local tools to encourage regional approaches to service delivery (e.g. health and human services, comp board). . Request a study of the regionalization of service delivery to promote greater equity and efficiency. · Support legislation allowing a Governor to serve a maximum of two successive terms. 8 Roanoke City Public Schools Legislative Program Executive Summary The Virginia Association of School Superintendents (V ASS) held its annual legislative conference in Lynchburg, Virginia October 13-15, 2009. Superintendents from across the state attended the conference. During the conference, superintendents examined issues that were deemed critical to the continuous improvement efforts established within the Commonwealth. The main body of this document sets forth the perspectives of RCPS with regard to the V ASS agenda. Priorities from the conference were evaluated for their specific relevance to the needs of this Division. Although the list of V ASS priorities is long, it is not necessarily inclusive of all issues of particular significance to this Division. RCPS, for its 2010 Legislative Priorities, intends to focus on the following SIX Issues: ~ State Funding RCPS endorses V ASS in its support for increased state funding for all school divisions. In particular, RCPS supports additional funding for alternative education, including expanded funding for (a) elementary alternative education programs and (b) drop-out prevention. RCPS, however, is aware that Virginia is facing significant revenue shortfalls and is likely to consider reductions to the state budget that might affect education. RCPS opposes any changes which would reduce funds to local school divisions. In the event funding for local school divisions is reduced by the General Assembly, RCPS believes that funding cuts should be on a "percentage of total" basis, thus permitting local school divisions to determine where the corresponding expenditure reductions should be made. Additionally, school divisions should be permitted to apply for waivers from the Standards of Accreditation (SOA) and the Standards of Quality (SOQ), as appropriate, in those areas impacted by the funding cuts. 9 ~ Virginia Retirement System (VRS) RCPS notes with concern that the Virginia Retirement System Trust Fund return was a negative 21.1 % in FY2009. RCPS supports a thorough review of the VRS plan design so long as the goal is to assure: (a) continued Trust Fund solvency, (b) continuation of current retirement benefits, and (c) that any employer contribution rate changes do not to disrupt school division operations. ~ Elementary and Secondary Education Act (ESEA) Reauthorization RCPS supports ESEA's general goal of having all children learn to high standards. RCPS believes that reauthorization of ESEA must provide for (a) full funding of Title 1 and Part B of IDEA and (b) settling the continuing conflicts between Title 1 and IDEA. ~ Local Control of School Start Dates S22.1-79.1 of the Code of Virginia provides that "Each local school board shall set the school calendar so that the first day students are required to attend school shall be after Labor Day." The Board of Education may waive this requirement on a showing of good cause; however, the definition of "good cause" is extremely restrictive. RCPS supports returning control of the public school calendar to local school boards and supports local flexibility and control over opening dates to allow local school boards to have time to provide for required remediation and teacher training. RCPS believes that additional instructional days prior to administering the Standards of Learning (SOL) tests would result in improved SOL performance. ~ Virginia High School League (VHSL) RCPS believes that athletics and other co-curricular activities are an important part of a student's education. RCPS notes that the VHSL establishes rules and provides oversight for essentially all athletic activity and many co-curricular activities. RCPS believes that the current self-management model under which VHSL operates is inadequate and supports an expanded oversight role for the Virginia Department of Education. 10 A RCPS encourages the state to recognize the burden that school construction and debt service costs place on local budgets. Accordingly, the state is urged to provide localities with recurring money for school facility debt service, on a per pupil basis, and in addition to the SOQ funding, and to establish a permanent revenue source and formula for distributing school construction and debt service funding to localities. In the alternative, the state should increase the current level of school construction funding, funding for the Literary Loan program, and funding for the Virginia Public School Authority Interest Rate subsidy program. These funds should be protected from other use or allocations. Roanoke City Public Schools Le!dslative Priorities: 2009-2010 1. Education Funding RCPS supports increased state funding for all school divisions. A RCPS supports increasing salaries and benefits of all teachers, administrators, and superintendents. A RCPS supports efforts to review the Standards of Quality (SOQ) to reflect the actual educational practices of local school divisions. A RCPS supports efforts to change funding for elementary and secondary education in the Commonwealth to reflect true costs incurred by school divisions in meeting the requirements of the Standards of Quality (SOQ), the Standards of Accreditation (SOA), and the Standards of Learning (SOL). A Reps supports efforts to ensure that the funding formula reflects current costs to meet state requirements that have been added since the formula was last revised. A RCPS supports efforts to ensure that the funding formula reflects educational practices that go beyond the requirements of the Standards of Quality but are needed because they constitute best practices that benefit all children. A RCPS supports efforts to expand positions and funding under the SOQ to reflect actual education practices in school divisions. A RCPS supports efforts to expand state and federal revenue to fully fund mandates (i.e., IDEA). A RCPS supports efforts to close the disparity gap in funding between wealthy and poor school divisions. 11 A RCPS supports efforts to provide competItIve salaries and benefits which will retain quality education employees in the profession and which will attract and retain new personnel of high caliber. A RCPS supports efforts to grant localities the authority to utilize additional revenue sources other than property taxes. A RCPS supports the revision of the current transportation reimbursement in Basic Aid to reflect the current cost of fuel. A RCPS opposes any changes in the Standards of Quality Funding Formula which would reduce any funds to local school divisions. A RCPS supports continued funding for dropout programs. A RCPS supports continued and additional funding for at-risk students, to include remedial education SOQ funding, at-risk SOQ funding, funding for reduced K-3 class size, at-risk four-year-old funding, and technology funding. A RCPS supports continued funding for alternative education as well as additional alternative education sites, to provide reasonable and adequate access to all school divisions. A RCPS supports expanding funding to all school divisions for elementary alternative education programs. A RCPS strongly urges the General Assembly to change certain funding practices including: (a) The practice since 1992 of providing only half-year raises and in some years raises for selected employees. (b) The practice of manipulating VRS rates to suit a budget that has resulted in a huge shortage in the teacher retirement fund over the next twenty years. (c) The practice of budgeting the SOQ to suit revenue rather than funding the Standards as required by the Constitution. Examples include setting the rate of inflation, creating and now not funding the linear weighted average for teacher salaries, and creating deduct from rebenchmarking such as federal funds and local revenue. (d) The practice of using Literary Fund profits to pay the state share of teacher retirement. (e) The practice of declaring some Lottery Profits as excess. (f) The practice of rebenchmarking on the basis of expenditures by divisions that are two years old, when more up-to-date figures should be available. A RCPS supports the position that public tax dollars for K-12 public education should be spent only on K-12 public schools 12 A RCPS opposes tuition tax credits, scholarships, vouchers, and other like attempts to divert funds from K-12 public education. A Reading specialists and math specialists for elementary schools, who assist in early intervention and continued progress in these most important areas of reading and math, should be recognized as critical to student success and, therefore should receive state funding. A The state should include in its funding figures transportation costs for state and local programs in its funding formula. A Establish a funding mechanism for technology initiatives of the General Assembly by: (i) Short-term financial package to fund infrastructure support needed for such initiatives, and (ii) Adopting technology standards in SOQ to drive funding. A An acknowledgment of the real cost of implementing the technology initiative should be recognized by the state including not only the purchase of equipment, software, and infrastructure, but also maintenance, technology training and technology resource teachers. A Flexible block grants should be provided annually to meet equipment, software, and training needs on the technology plan. A The state should consider the buildinglrenovation implications in technology funding initiatives. A RCPS supports additional state funding for health services commensurate with the needs of students and requirements of the state. A RCPS supports additional funding for remediation programs to assist school divisions in meeting the Standards of Learning and Standards of Accreditation requirements. A RCPS strongly supports state funding for school safety resource officers in school buildings. A RCPS notes with concern that the Virginia Retirement System Trust Fund return was a negative 21.1 % in FY2009. RCPS supports a thorough review of the VRS plan design with the goal of assuring: (a) continued Trust Fund solvency, (b) continuation of current retirement benefits, and (c) that any employer contribution rate changes do not to disrupt school division operations. A RCPS supports full funding for future revisions to SOQ which have additional cost implications for local school divisions. A RCPS opposes use of any inflation factor other than the Department of Labor's CPI in the rebenchmarking process. A RCPS supports the General Assembly fully funding the rebenchmarking of the SOQ so the standards are "realistic in relation to the Commonwealth's current education needs and practices. 13 A Based on the findings of its recent survey and the original rationale from the Wilder Disparity Commission, RCPS supports increased funding for at-risk programs in order to reduce the dropout rate, increase graduation rates, lessen the burden on local governments to incur the costs of such programs, and reduce the disparity to offer such programs served across the Commonwealth 2. Academic Achievement RCPS is committed to increasing the performance of all of its students and to closing achievement gaps, with particular emphasis on the lower performing subgroups of students as defined by the No Child Left Behind (NCLB) Act. A RCPS supports continuation of local initiatives to raise graduation requirements. A RCPS supports the development of a Career Technical Diploma to recognize students whose achievement is in the area of technical education. A RCPS supports the state share of funding all students eligible to participate in the Four-Year-Old At-Risk Program. A RCPS supports state funds being used for private four-year-old education only through contracts with local school boards. A RCPS opposes the concept of Standards of Learning (SOL) becoming regulations. A RCPS supports the idea of the Standards of Accreditation (SOA) being approved only when funded by the General Assembly. A RCPS believes that the state should assume a role of support and direction rather than one of punitive enforcement in accountability and accreditation. A RCPS supports legislation that enhances the ability of local school boards and administrators to conduct school business in an environment that protects the privacy of students and personnel records and other sensitive information. A RCPS supports allowing local school division policies to control student access to the Internet and the use of software to filter certain information. A RCPS supports efforts to review the SOQ to reflect the actual educational practices of local school divisions. A RCPS supports continued funding for dropout programs. A RCPS supports continued and additional funding for at-risk students, to include remedial education SOQ funding, at-risk SOQ funding, funding for reduced K-3 class size, at-risk four-year-old funding, and technology funding. A RCPS supports continued funding for alternative education. 14 A RCPS requests the General Assembly provide funding to local school divisions to employ the additional personnel necessary to coordinate the testing that will be required as a result of the revisions to the SOA. A RCPS believes that athletics and other co-curricular activities are an important part of a student's education. RCPS notes that the Virginia High School League (VHSL) establishes rules and provides oversight for essentially all athletic activity and many co-curricular activities. RCPS believes that the current self-management model under which VHSL operates is inadequate and supports an expanded oversight role for the Virginia Department of Education. 3. School Construction. Maintenance and Debt Service RCPS is committed to ensuring the effective and efficient use of division facilities and infrastructure. RCPS encourages the state to recognize the burden that school construction and debt service costs place on local budgets. Accordingly, the state is urged to provide localities with recurring money for school facility debt service, on a per pupil basis, and in addition to the SOQ funding, and to establish a permanent revenue source and formula for distributing school construction and debt service funding to localities. In the alternative, the state should increase the current level of school construction funding, funding for the Literary Loan program, and funding for the Virginia Public School Authority Interest Rate subsidy program. These funds should be protected from other use or allocations. A A program of state participation in school construction and renovation projects should be implemented in addition to current Literary Fund and VPSA programs, school construction grants and lottery proceeds programs. A Sufficient funding should be provided for the Literary Loan program to meet construction requests within one year. A The state should address the financial condition of the Literary Fund and should always balance the general fund without using the proceeds of the Literary Fund to balance the Budget, especially by paying the state share of teacher retirement with such monies. A The state should continue the VPSA subsidy sales until the Literary Fund is available to meet school construction needs. A The state should expand the ability of school divisions to borrow with state assistance. A The General Assembly should expand the ability of the school divisions to borrow through expanding the capacity of VPSA. 15 ... The state should share debt service as ongoing, unfunded operational expenses. ... Debt service should not be part of the state-funding match. ... The state shall fund construction and renovation costs associated with state mandates (e.g. reduced class sizes, four-year old programs, etc.). ... The state should explore new sources of revenue for the Literary Fund. ... Expand the ability of school divisions to borrow by: (i) removing the present composite index cap and raising the minimum balance of the Literary Fund, and (ii) expanding the capacity of VPSA to include providing additional staff and funding to make short-term moneys available to school divisions awaiting approval of Literary Fund loans. ... RCPS supports the state's provision of a permanent funding source for school construction to meet local building and maintenance needs. ... RCPS supports efforts to include funding for technology needs as a part of the basic aid commitment to students. ... RCPS supports efforts to provide additional funding to assist school divisions in building new schools and refurbishing existing schools. ... RCPS supports efforts to close the gap between actual cost of programs and facilities and existing state funding. ... RCPS opposes the continued use of the Literacy Fund for purposes other than school construction. ... The General Assembly should restore the per pupil allocation for maintenance supplement to a realistic level. ... The General Assembly should establish the Maintenance Reserve Fund as a yearly obligation that is available to every school division. 4. Attracting. Training. and Retaining Division Staff RCPS is committed to attracting, training, and retaining the best staff for our urban Division. ... RCPS supports legislation to address the teacher and administrator shortage crisis. This legislation should include providing financial assistance to school divisions for recruiting and retaining qualified teachers and administrators. ... RCPS supports increasing salaries and benefits of all teachers, administrators, and superintendents so that Virginia will be in the top 10% of the nation. 16 ... RCPS supports the General Assembly funding 12-month raises using the linear weighted average and real inflation figures derived from annual reports from the divisions. ... RCPS supports additional teacher education scholarships. ... RCPS supports funding stipends for mentors to meet their mentor program requirements. ... RCPS supports increased funding for comprehensive staff development programs for teachers and administrators including full funding for national board certification. ... RCPS supports increasing salaries and benefits of all teachers, administrators, and superintendents so that Virginia will be in the top 10% in the nation. ... RCPS supports efforts to provide competitive salaries and benefits which will retain quality education employees in the profession and which will attract and retain new personnel of high caliber. ... RCPS supports state funding for ongoing technology training in order to comply with the State licensure requirements and the rapidly changing technology advancements and needs in schools. ... RCPS supports current law which vests final authority in any case involving the grievance procedure with local school boards. ... RCPS supports the idea of term contracts for teachers and administrators. ... RCPS supports enabling school divisions to re-hire retired licensed personnel with no waiting period on a full-time basis with no loss of retirement benefits. ... RCPS supports the concept that local school divisions are capable of setting, monitoring, and evaluating instructional schedules for school personnel. Planning time for teachers should be a local decision based on the local requirement and specific local schedule. ... RCPS supports initiatives to add teaching personnel to elementary schools and requests that any such initiative be made flexible so that additional teachers can be employed in accordance with the needs of the local school divisions. ... RCPS supports Standards of Quality that define and require certain administrative, support, and instructional staffing levels. ... RCPS believes that minimum staffing requirements should be set in the Standards of Quality. ... RCPS supports increasing the minimum staffing requirements in the Standards of Quality through additional funding. ... RCPS supports permanent funding for educational technology in the Standards of Quality. 17 5. EnsllrinJ! School Safetv RCPS is committed to ensuring the safest schools for our students and staff as part of its broader effort to facilitate a productive learning environment in all schools. RCPS urges the continuation of grants and enhanced funding for School Resource Officers and other school safety programs and initiatives. ... RCPS supports the authority of local school boards granted in the Constitution to regulate firearms on school property and at school events. 6. School Calendars 922.1-79.1 of the Code of Virginia provides that "Each local school board shall set the school calendar so that the first day students are required to attend school shall be after Labor Day. The Board of Education may waive this requirement on a showing of good cause; however, the definition of "good cause" is extremely restrictive. RCPS believes that the Code of Virginia should be amended to allow school divisions to set the school calendar so that the first day students are required to attend school is before Labor Day. RCPS believes that every additional instructional day before Standards of Learning (SOL) tests are administered will result in improved SOL performance. 7. ,No Child LeftBehind RCPS supports NCLB's general goal of having all children learn to high standards, but is deeply concerned about the Act's major expansion of federal authority over state and local educational programs as well as the huge costs required for non-Title I students to be carried by local funds in this program. RCPS supports return of accountability to state and local authorities. RCPS also supports full funding by the federal government for the implementation of NCLB. In the absence of the return of accountability, RCPS supports the following changes: a. Add both a clear promise to fully fund Title I and Part B or IDEA and a clear path to full funding for Title I and IDEA. b. Add real, valid, reliable and standards-based measures that accurately measure each student's actual starting point and growth over time. c. Settle the continuing conflict between IDEA and Title I in favor of the individualized instruction and assessment required by IDEA by (a) eliminating the arbitrary caps on student assessment and add 18 developmentally appropriate measures and assessments called for in the student's IEP, and (b) include the IDEA mandate for services to high school graduation or age 21 in the calculation of graduation rates. d. Permit states to determine appropriate measures and assessments for English Language Learners based on state approved tests and the professional judgment of teachers and administrators. e. Count in A YP a student's passing score on all test retakes. f. Eliminate all plans, reports, audits and staffing mandates that research does not show improved achievement for low-income children. g. Sharpen the targeting of funds to school districts and schools where poverty is concentrated based on the percentage of such students. h. Eliminate the comparability requirement of equal per-pupil spending on teachers since the calculation mistakenly equates salary with teacher quality. 1. Clarify the high school graduation rate calculation. 19 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 18, 2009 Cindy H. Poulton, Clerk Roanoke City School Board P. O. Box 1 3145 Roanoke, Virginia 24031 Dear Ms. PoultOn: I am enclosing copy of Budget Ordinance No. 38648-111609 appropriating funding from the Commonwealth government for various educational programs; and amending and reordaining certain sections of the 2009-2010 School Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 16, 2009, and is in fu II force and effect upon its passage. Sincerely, ~~.T Stephanie M. Moon, CMC City Clerk Enclosure pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget ~~. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA _.The 16th day of November, 2009. No. 38648-111609. AN ORDINANCE to appropriate funding from the Commonwealth government for various educational programs, amending and reordaining certain sections of the 2009-2010 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: ( Appropriations Teacher Salary Social Security Education Coordinators Retiree Health Credit Social Security/FICA Virginia Retirement System State Group Life Insurance Mileage Indirect Costs Instructional Supplies Assessments Advertising Substitute Teachers Instructional Staff Supplements Clerical Retiree Health Credit Social Security/FICA Virginia Retirement System HealthlDentallnsurance State Group Life Insurance Related Services Mileage Indirect Costs Inservices Instructional Supplies Art Supplies. Music Supplies Textbooks Technology Revenues State Grant Receipts State Grant Receipts State Grant Receipts 302-110-1305-0150-3470-61100-41121-3-01 302-110-1305-0150-3470-61100-42201-3-01 302-11 0-0000~1 000-3050-611 00-41138-9-09 302-110-0000-1000-3050-61100-42200-9-09 302-110-0000-1 000-3050-611 00-42201-9-09 302-110-0000-1000-3050-611 00-42202-9-09 302-110-0000-1000-3050-61100-42205-9-09 302-110-0000-1 000-3050-61100-45551-9-09 302-110-0000-1000-3050-61100-45586-9-09 302-110-0000-1000-3050-61100-46614-9-09 302-110-0000-1000-3050-61100c45584-9-09 302-110-0000-1000-3050-61100-43361-9-09 302-110-0000-1070-3160-61100-41021-3-09 302-110-0000-1070-3160-61100-41121-3-09 302-110-0000-1070-3160-61100-41129-3-09 302-110-0000-1070-3160-61100-41151-3-09 302-110-0000-1070-3160-61100-42200-3-09 302-110-0000-1070-3160-61100-42201-3-09 302-110-0000-1070-3160-61100-42202-3-09 302-110-0000-1 070-3160-611 00-42204-3-09 302-110-0000-1070-3160-61100-42205-3-09 302-110-0000-1 070-3160-611 00-43313-3-09 302-110-0000-1070-3160-61100-45551-3-09 302-110-0000-1070-3160-61100-45586-3-09 302-110-0000-1070-3160-61100-45587-3-09 302-110-0000-1070-3160-61100-46614-3-09 302-110-1301-1070-3160-61100-46614-3-09 302-110~1306-1070-3160-61100-46614-3-09 302-110-0000-1070-3160-61100-46620-3-09 302-110-0000-1070-3160-61100-46650-3-09 302-000-0000-0000-3470-00000-32400-0-00 302-000-0000-0000-3050-00000-32220-0-00 302 -000-0000-0000~3160-00000-32220-0-00 . $ 4,645 355 58,918 549 4,507 8,136 410 1,000 2,945 1,900 3,000 1,000 (1,500) 34,724 20,000 11,721 662 4,968 10,933 4,440 340 1,000 2,500 3,322 (900) (5,600) 1,500 1,500 (5,000) 27,600 5,000 82,365 112,210 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. AJ5-\ ~m~ City Cle~ November 16, 2009 The Honorable David Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official School Board action on November 10, 2009, the Board respectfully requests City Council approve the following appropriations: New: Virginia Middle School Teacher Corps - Wilson 2009-10 Revised: Child Development Clinics Program 2009-10 Juvenile Detention Home 2009-10 $5,000 $82,365 $112,210 The School Board thanks you for your approval of the appropriation requests as submitted. Sincerely, .P~ pc: Wit am M. Hackworth Ann H. Shawver Rita D. Bishop Margaret Lindsay Darlene Burcham David B. Carson Curt Baker Yen Ha (w/details) p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke; VA 24031. .www.rcps.info 1IfI~ f1I ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. Strong City. School Board David B. Carson Chairman Jason E. Bingham Vice Chairman Mae G. Huff Suzanne P. Moore Courtney A. Penn Todd A. Putney Lori E. Vaught Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER, CPA Director of Finance November 16, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: School Board Appropriation Request As the result of official School Board action at its November 10 meeting, the Board respectfully requested that City Council appropriate the following funds: New Appropriation Virginia Middle School Teacher Corps - Wilson 2009-10 Total New Award $5,000 Revised Appropriations Child Development Clinics Program 2009-10 Additional Award $82,365 $112,210 Juvenile Detention Home 2009-10 We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined. Sincerely, ~WvQ$- Ann H. Shawver Director of Finance Honorable Mayor and Members of Council November 16, 2009 Page 2 c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman M. Stovall, Director of Management and Budget Rita D. Bishop, Superintendent, Roanoke City Public Schools Curtis Baker, Deputy Superintendent for Operations, Roanoke City Public Schools CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFf Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk November 19, 2009 Jeanne M. Bollendorf Executive Director Historical Soci,ety of Western Virginia P. O. Box 1904 Roanoke, Virginia 24008 Dear Ms. Bollendorf: I am enclosing copy of Resolution No. 38650-111609 expressing support of City Council for the efforts being undertaken by the Virginia Sesquicentennial of the American Civil War Commission and its local committee. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 16, 2009. Sincerely, A~ ltJ. ~a.J Stephanie M. Moon, CMC City Clerk Enclosu re pc: W. Tucker Lemon, President of the Board, Historical Society of Western Virginia, P. O. Box 1904, Center in the Square, Roanoke, Virginia 24008 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance 'f) ~~. < " ( I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, .2009. No. 38650-111609. 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 commemorati6n 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 War Sesquicentennial, 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. HISTORICAL SOCIETY OF WESTERN VIRGINIA P.o. Box 1904, Center in the Square, Roanoke, V A 24008 Ph: (540) 342-5770 Fx: (540) 224-1256 www.historv-museum.org www.1inkmuseum.org e-mail: info.hswy@cox.net November 11,2009 VIA ELECTRONIC MAIL Honorable Mayor and Members of City Council . c/o Stephanie M. Moon, City Clerk Room 456, Municipal Building, 215 Church Avenue Roanoke, Virginia 24011 Re: Request for City Council Endorsement Dear Honorable Mayor Bowers and Members of City Council: As you may recall, at the City Council Meeting on November 2,2009, our request for a resolution in support of a local and regional Civil War Sesquicentennial Committee failed to pass because it did not garner a majority vote of Council. The vote was 3-3 since Councilwoman Mason was not present. Subsequent to the City Council Meeting, I learned of certain questions and concerns that Council Members had with respect to our proposed resolution. The staff of the Historical Society and I have prepared the attached Information Sheet to address the concerns that we heard and to provide additional information. Following the Information Sheet, I have attached some information about the present membership on the local and regional committees and the commemoration projects that are currently planned as well as the same letter and proposed resolution that was provided to City Council prior to the November 2, 2009 meeting. All of us at the Historical Society hope that this information is useful to the members of City Council. If anyone has any questions or would like any additional information, ,we hope that you will not hesitate to contact our Executive Director, Jeanne Bollendorf at 224-1229 or me at 982-1000 x223. Sincerely, Isl W Tucker Lemon W. Tucker Lemon President of the Board Sesquicentennial Information Sheetfor Roanoke City Council 1. What is the Virginia Sesquicentennial of the American Civil War Commission? The General Assembly of Virginia created the Virginia Sesquicentennial of the American Civil War Commission (the "Commission") in 2006 (HB 1440) to prepare for and commemorate the sesquicentennial of Virginia's participation in the American Civil War. The sesquicentennial, or lS0th anniversary, begins in . 2011 and ends in 2015. The official website can be viewed at www.virginiacivilwar.org. The Commission has the following powers and duties: 1. Plan, develop, and carry out programs and activities appropriate to commemorate the sesquicentennial of the American Civil War. 2. Encourage interdisciplinary examination of the American Civil War. 3. Facilitate balanced activities related to the American Civil War throughout Virginia. 4. Encourage civic, historical, educational, economic, and other organizations throughout Virginia to organize and participate in activities to expand the understanding and appreciation of the significance of the American Civil War. 5. Provide technical assistance to localities and nonprofit organizations to further the commemoration of the sesquicentennial of the American Civil War. 6. Develop programs and facilities to ensure that the sesquicentennial commemoration of the American Civil War results in a positive legacy and long-term public benefit. 7. Encourage the development and conduct of programs designed to involve all citizens in activities that commemorate the American Civil War. 8. Report annually to the General Assembly and the Governor on the interim activity and work of the Commission. They will implement these goals by: . Developing traveling museum exhibitions · Planning signature conferences, tours, and education programs . Encouraging battlefield preservation · Working with localities to link, coordinate and unify the statewide commemoration "- 2. The City of Roanoke Local Committee for the Sesquicentennial Commission. The Commission has requested that every locality establish a local committee to commemorate the American Civil War and that each committee be made up of diverse organizations who represent their community. Mayor Nelson Harris initiated the Roanoke City Committee in 2008 and he personally requested that the Historical Society of Western Virginia take on a leadership role for the sesquicentennial. We were honored to be asked by Mayor Harris to participate in this way. The Historical Society has planned a number of exhibitions and programs that will take place from 2011-2015 and has reached out to other cultural organizations in Roanoke for partnerships and to collaborate on thoughtful and diverse programming. The goals of our local committee are to support the goals of the 150th anniversary by developing local programs that are diverse in nature, inclusive of varying perspectives, accessible to all citizens by location, and educational. 3. Creation of the Southwestern Virginia Regional Committee for the Sesquicentennial. The Historical Society of Western Virginia has also established a regional committee that is comprised of local committees from communities that neighbor the City and County of Roanoke. The purpose of the regional committee is to create stronger collaboration throughout southwestern Virginia and leverage resources more effectively. Other regions in Virginia are identified with Civil War heritage more so than southwestern Virginia. However, this region was deeply affected by the Civil War and it is important for residents and visitors to understand the impact of the war on this region. It is also important that southwestern Virginia market itself as a tourist destination during this unique commemorative opportunity. Due to the reduced marketing budgets of many cultural organizations in the area, collaboration is key for leveraging limited resources, a~ well as receiving state funding for our marketing initiatives. 4. Why did we request a resolution from Roanoke City Council? A resolution acknowledging the local committee is required by the Commission for unfettered access to the sesquicentennial/ogo and to receive grant monies from the Commonwealth. With a formal resolution from local government supporting the activities of the local committee, the committee can use its own discretion for providing the state logo to cultural organizations wishing to . participate in the statewide commemoration - which expedites the request process for local organizations and allows the Historical Society to help oversee the programs to ensure their integrity and diversity. The Commission has set aside marketing funds that are being administered by the Virginia Tourism Corporation. Guidelines for funding include multiple partners, matching funds provided by partners, and a resolution from the local government. Currently, the regional committee that we formed has requested $5,000 in grant monies to develop a website for southwestern Virginia that will promote all sesquicentennial activities throughout this region from 2011-2015. The grant will also be used to purchase advertising to promote the website. If we do not receive a resolution from Roanoke City Council by December 15, 2009, then we will be ineligible to receive funding from the Commission in the 2010 grant cycle. 5. What other localities have already obtained approval for their local committees? Bedford City Brunswick County Fairfax County Matthews County Pittsylvania County Salem City Warren County York County Bedford County Cumberland County Fredericksburg City Page County Prince Edward County Spotsylvania County Washington County Botetourt County Essex County Hampton City Petersburg City Richmond City Stafford County Williamsburg City 6. Is the Roanoke City Committee asking the City of Roanoke for any funding? The Roanoke City Committee is not asking the City of Roanoke for any funding for FY 2010-2011 because we expect to receive suffiCient funds from the Virginia Tourism Corporation to develop and market a regional website for our sesquicentennial events. Cultural attractions are expected to incorporate sesquicentennial programming into their normal program schedule. If the Roanoke City Committee does not receive the grant funds from the Virginia Tourism Corporation, then other funding sources will be investigated and the Committee may request up to $5,000 in funding from the City of Roanoke to match funds contributed by individual cultural attractions. The funds will be used by the Committee for marketing and website development only. The Committee intends to apply for additional grant funding from the Virginia Tourism Corporation, the Virginia Commission for the Arts, and the Virginia Foundation for the Humanities for additional marketing monies to promote events during the 2012 - 2015 period. Individual organizations may approach the City of Roanoke for sponsorship of a commemoration activity that they have planned. Civil War Sesquicentennial Local & Regional Committees City of Roanoke, Roanoke Valley & Region Present Membership City of Roanoke Committee Historical Society of Western Virginia History Museum of Western Virginia o. Winston Link Museum Taubman Museum Roanoke Symphony Orchestra Harrison Museum African American Culture Blue Ridge Council for the Arts Roanoke Civil War Roundtable Roanoke LibraryNirginia Room Virginia Museum of Transportation Regional Committee Historical Society of Western Virginia Taubman Museum Roanoke Symphony Orchestra Blue Ridge Council for the Arts Salem Museum . Vinton War Memorial Jubal Early Foundation Sons of Confederate Veterans Municipalities that have joined the Regional Committee Botetourt County Franklin County City of Salem Town of Vinton City of Roanoke J'" Civil War Sesquicentennial Local & Regional Committee Current Proposed Projects Historical Society of Western Virginia - publish George Bernard's Civil War Recollections through UV A Press and print a special Civil War edition ofthe Society's serrll-annualJournal History Museum of Western Virginia - host An American Turning Point exhibition in the year 2013 Salem Museum - print a special edition Civil War newspaper with articles about the Battle of Hanging Rock and other noteworthy events that took place in Roanoke County Jubal Early Foundation - install exterior didactic panels O. Winston Link Museum - host an exhibition of Civil War photography Taubman Museum - host Smithsonian exhibition about art during the Civil War Roanoke Symphony Orchestra - stage The Civil War production Blue Ridge Council for the Arts - sponsor a youth in arts project for a mural Botetourt County - Hunters Raid Roanoke County - Battle of Hanging Rock Roanoke Civil War Roundtable - speaker series Roanoke LibraryNirginia Room - film festival HISTORICAL SOCIETY OF WESTERN VIRGINIA P.o. Box 1904, Center in the Square, Roanoke, V A 24008 Ph: (540) 342-5770 Fx: (540) 224-1256 www.historv-musewn.org www.linkmusewn.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 oflocal 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 from 2011-2015. 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 a.nd 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. In may be of further assistance in answering questions or addressing concerns ofthe Council, please call me at 224-1229 or email meatdirector.hswv@cox.net. I look forward to hearing from you. Regards, Jeanne M. Bollendorf Executive Director 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 ofthe American Civil War Commission (the "Commission") was created in 2006 by the General Assembly for the purpose of preparing for and commemorating the 1 50th 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 War Sesquicentennial, which begins in 2010- 2011 ; WHEREAS, the local sesquicentennial committee will plan and coordinate programs occurring within the City and communicate regularly with the Commission 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 that: 1. Council hereby expresses its support for the Virginia Sesquicentennial of the 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; and 2. Council recognizes the Historical Society of Western Virginia as the lead agency for the local committee. - . Citizens for ~ *M CLEAN ~GREEN The more you recycle, the better your chances of winning! * Contest began July 1, 2009 * , Sign- up today! Guidelines are with the registration form. For more information call Skip Decker at 540.853.6848. . 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. CRAFf Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk November 19, 2009 Scott R. Geddes, Esquire 3140 Chaparral Drive, Suite 200-C Roanoke, Virginia 24018-0049 Dear M r. Geddes: A public hearing on the request of Virginia Lutheran Homes, Inc., to repeal existing conditions proffered 'and replace them with conditions in connection with property located at 3804 Brandon Avenue, S. W., was scheduled to be heard at a regular meeting of the Council on Monday, November 16, '2009. Also, your communication requesting that the abovementioned' matter be remanded to the City Planning Commission for further review and consi'deration was before the Council. On motion, duly seconded and adopted, the Council concurred in your request. Sincerely, A~ [YJ. ~nW Stephanie M. Moon, CMC City Clerk Scott R. Geddes, Esquire November 19, 2009. Page 2 pc: Mr. and Mrs. Michael Dooley, 3507 Valentine Road, S. W., Roanoke, Virginia 24018 Mr. and Mrs. James Zadell, 3347 Valentine Road, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Peter Wonson, 3519 Windsor Oaks Circle, S. W., Roanoke, Virginia 24018 Ms. Georgette S. Milan, 3411 Valentine Road, S. W., Roanoke, Virginia 24018 Ms.. Bonnie L. Mann, 3339 Valentine Road, S. W., Roanoke, Virginia 24018 . Mr. and Mrs. Mark Kennedy, 3419 Valentine Road, S. W., Roanoke, Virginia 24018 . Ms. Betty C. Etzler, 3501 Loblolly Lane, S. W., Roanoke, Virginia 24018 CSW Associates, 3807 Brandon Avenue, S. W., Roanoke, Virginia 24018 Mr. John W. McNeil and Ms. Shirley Bustle, 3515 Windsor Oaks Circle, Roanoke, Virginia 24018 Mr. and Mrs. Kevin Russell, 3435 Valentine Road, S. W., Roanoke, Virginia 24018 Ms. Gaynelle Marrazzo, 3333 Valentine Road, S.W., Roanoke, Virginia 24018 Mr. and Mrs. Joseph Sartinia, 3516 Windsor Oaks Circle, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Blake Deavers, 3427 Valentine Road, S.W., Roanoke, Virginia 24018 Presiding Bishop of the .Church of Jesus Christ, 50 East North Temple-22nd Floor, Salt Lake Gity, Utah 84150 , Poplar Hill Limited Partnership, 3752 Brandon Avenue, S. W., 'Roanoke, Virginia 24018 John Merkwan, President, Greater Deyerle Neighborhood Association, 3539 Windsor Oaks Circle, Roanoke, Virginia 24018 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Darlene L. Burcham, City' Manager William M. Hackworth, City Attorney Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission LAw OFFICES OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, PLC Scott R. Geddes, Esq. Please reply to: 3140 Chaparral Drive, Suite 200-C Roanoke, Virginia 24018-0049 Phone number: (540) 989-0000 E-mail: sgeddes@opnlaw.com 3140 GHAPARRAL DRIVE, SUITE 200-c ROANOKE. VIRGINIA 24018-4370 (540) 989-0000 · FAX (540) 772-0126 WWW.OPNLAW.GOM SALEM. VIRGINIA 24153 P.o. l30x 279 105 N. GOLOHADO STREl-:T (540) 389-2349 FAX (540) 389-9560 November 9,2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason,Cpuncil Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member RE: Virginia Lutheran Homes (Application for Amendment of Proffers) Request for Remand Dear Mayor Bowers and Members of City Council: I represent Virginia Lutheran Homes in its application requesting a modification of the existing voluntary proffered conditions at the Brandon Oaks Continuing Care Retirement Community. In that regard, and after several months of additional development and planning, it would appear that this matter is not yet ripe to be heard by the City Council. Therefore, I write to request that this matter, currently scheduled to be heard at the public hearing on November 16, 2009, be remanded for further review and consideration by the Planning Commission. Respectfully submitted, OSTERHOUDT, PRILLAMAN NATT, HELSCHER, YOST, MAXWELL & R S , P.L.C. C:;~d s SRG/ck cc: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney D. Kent Chrisman, Chairman of the City Planning Commission Virginia Lutheran Homes, Applicant LAw OFFICES OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, PLC Scott R. Geddes, Esq. Please reply to: 3 140 Chaparral Drive, Suite 200-C Roanoke, Virginia 24018-0049 Phone number: (540) 989-0000 E-mail: sgeddes@opnlaw.com 3140 CHAPARRAL DRIVE, SUITE 200-c ROANOKE. VIRGINIA 24018-4370 (540) 989-0000 . FAX (540) 772-0126 WWW.OPNLAW.COM SALEM. VIRGINIA 24153 P.o. Box 279 105 N. COLORADO STREET (540) 389-2349 rAx (540) 389-9560 November 9, 2009 Ms. Stephanie M. Moon Clerk for the City of Roanoke 456 Municipal Building 215 w. Church Avenue Roanoke, Virginia 24011 (Via Facsimile and US Mail) (540) 853-1145 RE: Virginia Lutheran Homes (Application for Amendment of Proffers) Roanoke City Council Public Hearing Dear Ms. Moon: . Kindly find enclosed herewith a letter to the City Council confirming that on November 16, 2009 at the regularly scheduled City Council public hearing, my client, Virginia .Luther~m .Homes;wiIL request' that the City Council remand the above-captioned matter :to _the Planning -Commission for. [urthei.' review.' This matter has already been advertised for the November public hearing. As always, I thank you for your assistance in this matter. Please contact me at your earliest convenience if you require anything further. Very truly yO~(\ sJl~~ SRG\ck c: . . William M. Hackworth, City Attorney . .....;:".; p; Kel1t Chrisman,.~hairman.ofthe City.Planning Comri1ission x. .., '.:~<:~Yirgi.nia~Luth~ran:HomE:s,'Applicant:.:;' ,_ . . ..;" .-- .. '.. ". ',: } :,..' ~ '. ':", \ -' ':.~ ~\ -.... . "r, ~r'iCf'J;r~1":.J':;-;. ~ v:' . - .~. ". r .-., \ , . , :, :. ?~.:,~: ,~:~ ./\ ' "\ hI. :_' .. \ ,".-~ T..... ;", ", ~'" I i \::,.i ;. ~':'.!l":t.;>,\ ~::j~C' ;~,.: '. ,. ,. ... '. ~ J :. ,'. ..... '~....: ~ >tc ~ _ ,~"C :-: t~ T.: ~-~, ~ :-:: ::: \:~Jf :. '."....j . \< ::Ij~ . < " ~. The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- MR. SCOTT GEDDES, SUITE 200-C 3140 CHAPARRAL DR ROANOKE VA 24018 REFERENCE: 80171467 11757543 State of Virginia City of Roanoke ESQUIRE NPH-Virginia Luthera I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: PUBLISHED ON: 10/31 TOTAL COST: FILED ON: 243.36 11/07/09 ~arY Public ',1111111/". .. . .,' . I; ,\ I\. U'Y"A ;; " _I r 'VI./!' .. ""'.... . . .. .. 'lA,', .. ;:v .' ~",v , ~.. ~ '..O,r>-?' ". -:. : c!:' ~ 1j'O\"\C ... ~ ~ :: OJ : ? 0,09'30.. :: -. :11"10- (j~ . <:( - = : ?,'E.G. ~\!I\SS~ : ~ : ~ ~.... \!Ii c,~~~ ,\\ Cb : .... . . ~, ... ~. .~' '.. 0, '.. ..' <. ........ " ~4t, ......... (;)" ," 'I;; ONWE~\..\'0 \", ;/"'"1111'\\ I I I I' NOl1CEOFt>>\JBLlC. ..:H~RING Inie.couritnof the.Cityof I Roanoke willholdajlu\ln~ h earl n go.n M 0 nda,Y , I November1.6,20~9,. at 7:00 p.m., or as.SOo.n Ithereafter.llS ther)1alter I maybeheard....ln .th~ Coun~IICham~er, fourth I flo,or. In the Noel C. Taylor Munl~lpal BUlldlngi,215 I Chur~h /l.venue,.5..W" Roanoke, .Virginla, .to I consider the following; '>.', ! Request fr9ni Virginia I I Lutheran Hoine~;ln~:, to I rrepeal exlstIQg:fo,n~ltI9~S, I proffered andSe!}o,rtry I.n Ig03g8~it1~9~~n~r€~la()c~ I themwlth. thec6nditlOQSj that the development of the I property..sha,,,;b~.l,nl .subs.tantlal ~onform.lty W.I.t..hj I tlie development pia)! entitled "Brandon'Oaks," I prepared by.perklns Eastman /l.r~hite~ts I'C I dated July 28, 2009" I amended 8/21/09, s,ubje~t to any ~hanges required by the C I t Y ,d u r I n g I ~omprehensive site plan I I' review, and that I supplementary lands~aplng I .. shall be installed and II maintained In accordan~e I with Se~tions 36.2-642(e) land (f) within the.eXIStl~gl I natural vegetative buffer. as I L~~on the 'Landsfapmg, J~ I plan Prepared for Brandon Oaks" prepared by Dan Chltw~od, dated 8/18/09, for property at 3804 Br.a;ndon/l.Venue,. S.W., i .0000i:lal Tax No. 51~0394.. I 1/1.....:0. P..Y'.9f.. t.h. e,apPilc. a.t'onls.l Il\vailableforrevlew In the IOffice of the City Clerk, Room456"Noel .c. Taylor \ Munlc.IP.al. B~i1.dmg, 215 Ch'urch /l.venue, S.W.. RQanoke, Vlrginll\. ... . /1.11 parties Tn Interest and ~ltlzensniay appear on the above ~ateandbe heard on the.matfer. If you are a perSoriwltna' disability who needs a~c6mmodatlonsfo.r this hearing, please conta~t tli"eCitY',Clerk'sOffl~e, at 853"2541; Iiefore noon o~ the Thursday .be.fore the. dateoflhe hearing listed above:... .. "d. h.. GIVEN\irider my han t IS 30thday,cifQcto.ber, 2009. ,. Stephanie M.'Moon, CMC, , ... . ': . Cily.Clerk.1 , ,.J...' (11757543f ".:,.. t;") ~ .....::. c-.. ~ .~ 5' .J:' -r .~\ '.z ...... .\~\ ";i .s' I-'" 6;. cr.' --------------------------------------------------+------------------------ . ,'.:,-.....' ~"""'R , ;...,; ,~ - i. r ~,! \ Billing Services Representative ::. :~'J~.: '~.!' -~:..:~ ( .''"'";'.,......'', .<.:,.... ....j ':1 p:f. NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, November 16, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Virginia Lutheran Homes, Inc., to repeal existing conditions proffered and set forth in Ordinance No. 30398-21991 and replace them with the conditions that the development of the property shall be in substantial conformity with the development plan entitled "Brandon Oaks ," prepared by Perkins Eastman Architects PC dated July 28, 2009, amended 8/21/09, subject to any changes required by the City during comprehensive site plan review, and that supplementary landscaping shall be installed and maintained in accordance with Sections 36.2-642( e) and (f) within the existing natural vegetative buffer as shown on the "Landscaping Plan Prepared for Brandon Oaks," prepared by Dan Chitwood, dated 8/18/09, for property at 3804 Brandon Avenue, S.W., Official Tax No. 5180304. A copy of the application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed above. GIVEN under my hand this] Otihr.clay of October ,2009. Stephanie M. Moon, CMC City Clerk. Virginia Lutheran-repeal & amend proffers. doc Notice to Publisher: Publish in the Roanoke Times on Saturday, October 31,2009, and Saturday, November 7,2009. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Mr. Scott Geddes, Esquire 3140 Chaparral Drive, Suite 200-C Roanoke, Virginia 24018-0049 (540) 989-0000 NPH-Virginia Lutheran-repeal & amend proffers.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. CRAFf Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T: WEBB Assistant Deputy City Clerk November 19, 2009 Sean M. Horne, Vice-President Balzer & Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Horne: I am enclosing copy of Ordinance No. 38651-111609 rezoning Official Tax Nos. 5100527, 5100528, 5100535 and 5100534 located on Gatewood Avenue and McVitty Road, S. W., from R-7, Residential Single- Family District, to MX, Mixed Use District, subject to certain proffered conditions by the petitioner, as set forth in the Zoning Amended Application No.2 dated September 22,2009. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 16, 2009, and is in full force and effect upon its passage. Sincerely, ~h). h\o~ Stephanie M. Moon, CMC l City Clerk Enclosu re Sean M. Horne November 19, 2009 Page 2 pc: First Virginia Bank-Southwest, 1828 Electric Road, S. W., Roanoke, Virginia 24018 Oak Grove Church of the Brethren, 2138 McVitty Road, S. W., Roanoke, Virginia 24018 Gene and Cathy Comer, 5053 Gatewood Avenue, S. W., Roanoke, Virginia 24018 H P Properties, 1960 Electric Road, S. W., Roanoke, Virginia 24018 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Martha P. Franklin, Secretary, City Planning Commission Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer ~~ tf) ~\\ro~ . . ,~ IN THE COUNCIL OF THE CITY OF ROANOKE, VlRGINIA The 16th day of November, 2009. No. 38651-111609. AN ORDINANCE to amend 9 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain properties within the City, subJect to certain conditions proffered by the petitioner; and dispensing with the second reading of this ordinance by title. WHEREAS, Fralin Companies, Inc., has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the hereinafter described properties rezoned from R-7, Residential Single Family District, to MX, Mixed Use District, for . uses as pennitted in the zoning district, subject to certain conditions; WHEREAS, the City Plamling Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on October 22, 2009, after due and timely notice thereof as required by 936.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezonilig; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public O-Fraljn Companies-rezone with proffers.doc 1 :~ necessity, convenience, general welfare and good zoning pl:actice, require the rezoning of the subject properties, and for those reasons, is of the opinion that the hereinafter described properties should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Nos. 5100527, 5100528, 5100535 and 5100534 lpcated on Gatewood Avenue and McVitty Road, S.W., be, and are hereby rezoned from R-7, Residential Single Family District, to MX, Mixed Use District, for uses as permitted in the zoning district, subject to certain conditions proffered by the petitioner, as set forth in the Zoning Amended Application No.2, dated September 22, 2009. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title i,s hereby dispensed with. ATTEST: ~~.Y0P~ City Clerk. . . ~ O-Fralin Companies-rezone with proffers.doc 2 -. Architectural Review Board Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov November 16, 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: Request from Fralin Companies, Inc., to rezone properties located on Gatewood Avenue and McVitty Road, S.W., bearing Official Tax ., Nos. 5100527, 5100528, 5100535 and 5100534, from R-7, Residential Single Family District, to MX, Mixed Use District, for uses as permitted in the zoning district, subject to the following conditions: (1) that the property be developed in substantial conformity with a development plan entitled "Gatewood Green", dated July 15, 2009; (2) a gable roof shall be used on all buildings; (3) building facades along McVitty and Gatewood shall have minimum 20% glazing, window and door openings aligned horizontally and vertically; and an entrance with a sidewalk connecting to the public sidewalk; (4) exterior siding material shall be limited to brick, stone or horizontal lap siding; (5) building mounted fixture shall not include wallpacks, spotlights or floodlights. Pole or self-supported lighting fixtures shall not exceed 15 feet in height, shall be shielded down and not exceed 0.5 foot candles at adjoining property lines; (6) any freestanding signs shall be monument style and not internally illuminated; (7) exterior HVAC units and other exterior equipment shall not be placed within any front yard along Gatewood or McVitty; and (8) building shall be developed in substantial conformity with drawing entitled Gatewood Green Exhibit B, dated 8/21/09 Members of City Council Page 3 November 16, 2009 Application Information Request: Rezoning, Conditional Owner: Charles R. Sr & Rebecca H. Clark Applicant: Fralin Companies Inc. Authorized Agent: Balzer & Associates Inc. City Staff Person: Maribeth B. Mills Site Address/Location: 2154 McVitty Road SW Official Tax Nos.: 5100527,5100528,5100535,5100534 Site Area: 1 .43 Acres Existing Zoning: R-7, Residential Single-Family District Proposed Zoning: MX, Mixed Use District Existing Land Use: Single-Family Residential & Vacant Proposed Land Use: Office, General/Professional & Medical Clinic Neighborhood Plan: Greater Deyerle Neighborhood Plan Specified Future Land Use: Single-Family Residential Filing Date: Original Application: June 4, 2009; Amended Application No.1: August 21,2009; Amended Application No.2: September 22, 2009 Background The applicant requests a rezoning from R-7, Single-family Residential District, to MX, Mixed Use District, to enable development of general, professional, and medical offices. 23,800 gross square feet of office space would be contained in three 1 % story buildings addressing Gatewood Avenue and McVitty Road. Specifics as to the building's roof, height, glazing, orientation and materials have been proffered. The proffered development plan specifies the location of the three buildings and a 66-space interior parking lot accessed from McVitty Road. The parking area would be separated from adjoining residences to the east by a retaining wall of varying height (10' maximum) with evergreen landscaping at the bottom and top of the wall. Neighbors to the north would be screened by additional evergreen landscaping. Curb, gutter, and sidewalk are proposed along Gatewood Avenue and McVitty Road with a six foot landscaping strip planted with small deciduous trees (due to the presence of overhead utility lines). Stormwater management will be located underground with discharge conveyed to existing stormwater channels in the public right-of-way of Gatewood Avenue. Other proffered conditions address signage, site lighting, and exterior equipment screening. Two previous attempts to rezone the subject properties in 1999 and 2006 were unsuccessful. Both applications were similar to the current request and neighboring property owners expressed concerns about commercial encroachment, traffic, and stormwater management. The 1999 request was approved by the Planning Members of City Council Page 2 November 16,2009 Planning Commission Public Hearing and Recommendation Planning Commission public hearing was held on Thursday, September 17,2009. Commission discussion and public comment are outlined at the end of this report. By a vote of 3-1 (Messrs. Scholz and Chrisman and Ms. Katz voting for, Mr. Williams voting against, and Mrs. Penn and Mr. VanHyning absent), the Commission recommended approval of the request, finding the application to rezone the subject property to be consistent with the Greater Deyerle Neighborhood Plan. The proposed development implements numerous design principles of Vision 2001-2020 with respect to layout of the site and orientation of buildings. This property is also abutted on two sides by commercial property and faces Electric Road making it unsuitable for residential development. Respectfully submitted, ~ jJ- ~~~ D. Kent Chrisman, Chairman City Planning Commission cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager Applicant Members of City Council Page 4 November 16,2009 Commission but later denied by City Council while the 2006 request was withdrawn before the Planning Commission's public hearing. A neighborhood plan for Greater Deyerle was adopted by City Council in August 2006, replacing the previous plan adopted in 1990. Conditions Proffered by the Applicant The applicant requests that the following proffered condition be adopted as it pertains to Official Tax Nos. 5100527, 5100528, 5100535, and 5100534: 1. The properties shall be developed in substantial conformance with the Gatewood Green Development Plan prepared by Balzer & Associates Inc. dated July 15, 2009, attached hereto as Exhibit A, subject to any changes required by the City of Roanoke during comprehensive development plan review. 2. A gable roof shall be used for all buildings. Maximum mean roof height shall be 35 feet, measured in accordance with the definition of 'height of structure' in Appendix A of the City's Zoning Ordinance. 3. Building facades facing McVitty Road and Gatewood Avenue shall have a minimum 20% glazing, shall have window and door openings that are aligned horizontally and vertically, and shall have an entrance with a sidewalk connecting to the public sidewalk. 4. Exterior siding materials for all buildings shall be limited to brick, stone, or horizontal lap siding (wood or fiber cement board). 5. Building mounted fixtures shall no include wallpacks, spotlights, or floodlights. Pole or self-supported lighting fixtures shall not exceed fifteen (15) feet in height. All lighting shall be shielded to down lighting. Site lighting shall not exceed 0.5 foot candles at adjoining property lines. 6. Any freestanding signs on the properties shall be monument style and shall not be internally illuminated. 7. Exterior HVAC units and other exterior equipment shall not be placed within any front yards along Gatewood Avenue or McVitty Road. 8. The building shall be developed in substantial conformance with the drawing entitled Gatewood Green Exhibit B, dated August 21,2009 prepared by Balzer & Associates, Inc. Members of City Council Page 5 November 16,2009 Considerations SurroundinQ ZoninQ and Land Use: Zoninq District Land Use North IN, Institutional District. Place of Worship. South CN, Commercial Neighborhood Office, General/Professional and Retail with Conditions. Sales East R-7, Residential Single-Family Single-Family Residences. District. West CN, Commercial Neighborhood Financial Institution and Offices, District General/Professional. Compliance with the ZoninQ Ordinance: The proffered development plan complies with all dimensional standards for the MX district. Conditions proffered by the applicant exceed minimum development standards with respect to these features: 1. Site Lighting: The height of freestanding light fixtures will be limited to 15 feet (18 feet is the maximum in the MX District). Wallpacks, spotlights, and floodlights will be prohibited. 2. Buffer Yards: The development will be separated from residential properties to the east by a Type C, Option 2 buffer yard, retaining wall, and additional evergreen trees. The applicant has proffered that the additional evergreen trees on top of the retaining wall will be selected from Table 642-1 of the City's Zoning Ordinance and planted every 15 feet on center. Although no buffer yard is required between the MX District and the IN District, the applicant has proffered a Type A, Option 2 buffer yard. 3. Equipment Screening: The applicant has proffered that no mechanical equipment will be placed in any front yard along Gatewood Avenue SWand McVitty Road SW in addition to required screening per Section 36.2-649(b) of the City's Zoning Ordinance. 4. Signage: Only one monument style sign per road frontage will be permitted with a maximum area of 32 square feet and height of 6 feet. Any development features not shown on the development plan will be regulated by the provisions of the Zoning Ordinance during the comprehensive development plan review process. Conformity with the Comprehensive Plan and NeiQhborhood Plan: Both Vision 2001-2020 and the Greater Deyerle Neighborhood Plan encourage the design principles reflected in the proposed development, such as buildings that address the street, interior parking, pedestrian amenities, street trees, pedestrian-scaled lighting, limited signage, and so forth. Members of City Council Page 6 November 16, 2009 Another key factor is the development's proposed location. The plan states that commercial development should be limited to the identified commercial areas. The plan goes on to state that commercial and residential districts should be well-defined to provide compatible transitions between land uses. Although these properties do not front on Electric Road, they do address this heavily traveled arterial. This property is also bordered on two sides by commercial development and on one side by institutional development. Only the eastern side of the property abuts residential development which the applicant has buffered with evergreen plantings and a retaining wall. Furthermore, office space is a good transitional use to residential development as they tend to operate during regular business hours and typically generate low volumes of traffic. In correspondence with staff, residents in the area have cited concerns about an apparent abundance of vacant office space along Electric Road (Route 419). The. applicant indicates that the proposed development would target a market of smaller tenants while the existing office space in the area tends to serve single large users. Vision 2001-2020 contains four policies relevant to this application: . EC P4. Environmental quality. Stormwater management will be addressed on a regional as well as local level. . EC P5. Trees. Roanoke will maintain and increase its tree canopy coverage as a way to improve air quality. . ED P6: Commercial development. Roanoke will encourage commercial development in appropriate areas (i.e. key intersections and centers) of Roanoke to serve the needs of citizens and visitors. . IN P4. Parking. Roanoke will encourage on-street parking wherever possible and discourage excessive surface parking lots. Off-street parking will be encouraged to the side or rear of buildings. The Greater Deyerle Neighborhood Plan contains multiple policies relevant to this application: . Community Design Policies: o Neighborhood Character: Established neighborhoods should retain their overall character and development patterns, while incorporating new development that is compatible with the neighborhood, the design guidelines of Vision 2001-2020, and efficiently uses limited land resources. o Design: Future commercial development should adhere to the design principles of Vision 2001-2020 for commercial corridors. o New Development: Require new developments to incorporate amenities (e.g. sidewalks and curbs). o Zoning: Commercial and residential zoning districts should be defined to provide compatible transitions between land uses. o Parking: Paved parking spaces and impervious surfaces should be minimized. o Zoning: Maintain the current zoning districts as they are. If property owners request changes: Members of City Council Page 7 November 16,2009 · Evaluate rezoning requests based on the specific recommendations and guidelines of this plan. · Consider requests that will replace commercial properties with high- density residential development in areas where commercial uses abut residential properties. · Support rezoning requests that will allow for expansion on existing commercial or industrial properties without encroaching into residential areas. . Economic Development Policies: o Existing underused commercial properties should be developed or redeveloped before rezoning additional land for commercial use. o Limit commercial zoning to identified commercial areas. . Transportation and Infrastructure Policies: o Streetscapes should be well maintained, attractive and functional for pedestrians, bicycle, and motor vehicle traffic. o Curb, gutter, and sidewalk will be provided for all new development. o Stormwater runoff should be mitigated as much as possible through improvements that are consistent with the character of the neighborhood. Conformity with the Vision 2001-2020 Design Principles: Design Principles: Application's Conformity: Parking located to the Interior parking lot proposed. rear and side of principal buildings. Minimized parking. The number of parking spaces provided is six spaces above the minimum required. Minimal curb cuts. A sinQle curb cut will serve the development. Decorative and Freestanding light fixtures will be limited to 15' in height pedestrian-scaled and wallpacks, spotlights, and floodlights are lighting. prohibited. Limited number and Only one monument style sign per road frontage will be scale of signs to permitted with a maximum area of 32 square feet and minimize visual clutter. height of 6 feet. Building mounted signs must comply with the District regulations. Public sidewalks. A 5' public sidewalk will be installed along Gatewood Avenue and McVitty Road. Street trees Small deciduous trees selected will be placed 25 feet accommodated in on center within the 6 foot planting strip between the planting strips. sidewalk and curb along Gatewood Avenue and McVitty Road. Streets defined by All three buildings address either Gatewood Avenue buildings. SW or McVitty Road SW. Building fronts and A public entrance facing either Gatewood Avenue or entrances facing a McVitty Road will be connected to the public sidewalk street. by a private sidewalk. Members of City Council Page 8 November 16,2009 City Department Comments: The applicant conducted a traffic study and provided a report to the City's Traffic Engineer, Hong Liu. The study assumed the office complex would be fully-occupied by the highest trip generating activity (medical offices). The study concluded that the existing streets could accommodate the additional traffic generated with no modifications warranted. The City's Traffic Engineer concurred with the findings of the study. In response to a citizen's concern that McVitty and Gatewood is a dangerous intersection, the City's Traffic Engineer researched accident data and found no reported accidents on record. In response to concerns about drainage on the site, Danielle Bishop, Development Review Coordinator, inspected the site to determine if the applicant's stormwater management approach would be feasible. She determined that stormwater could be adequately managed, although modifications to the conveyance system may be needed to handle anticipated flows. Public Comments: Staff received 12 e-mails and letters from residents and property owners in the Greater Deyerle neighborhood. All expressed opposition to the rezoning, generally citing these concerns: · Commercial encroachment into a residential neighborhood. · Increased traffic congestion posing danger to pedestrians, bicyclists and other motorists. The intersection of Gatewood Avenue and McVitty Road were specifically cited numerous times. It was also noted that full effect of Keagy Village on traffic has not yet been realized as it is predominantly vacant. · Decreased property values. · Exacerbated stormwater management issues that could damage private property. · Adding to the supply of commercial property in an area with a high number of vacant commercial properties. The Greater Deyerle Neighborhood Association held a meeting on September 10,2009, to discuss the proposed rezoning. Planninq Commission Public Hearinq: The following comments and questions were posed by the Planning Commission at their September 17, 2009 public hearing. 1. Mr. Henry Scholz asked for the height of the retaining wall and if it would be landscaped at the top and bottom. The applicant responded the wall would be a maximum of 10 feet in height in the middle and then taper down in height Members of City Council Page 9 November 16, 2009 towards both ends. The applicant also stated that there would be a Type C Buffer Yard at the base of the retaining wall and one evergreen tree for every 15 feet at the top of the retaining wall. 2. Mr. Henry Scholz asked if there would be light trespass from the development onto neighboring properties. The applicant responded that the height and type of light fixture had been proffered and would be willing to proffer a one-half foot candle at the property line. 3. Ms. Lora Katz asked if the rendering was proffered. The applicant responded that it was not but would be willing to add it as a condition. 4. Mr. Rick Williams expressed concern about commercial creep into the residential neighborhood. The applicant responded that commercial development farther down Gatewood Avenue would not be feasible. 5. Mr. Rick Williams asked staff how they determined to support an application or not. Staff responded that a variety of factors were studied including compatibility with neighborhood plans. Staff went on to say that future land use maps found in every plan were most effective when paired with strong written policies which is the case with the Greater Deyerle Neighborhood Plan. 6. Ms. Lora Katz stated that although the Greater Deyerle Neighborhood Plan was a good plan, it may create missed opportunities by limiting development. She went on to say that using this property as a buffer for other residents was not the best use and that the proposed development would be an elegant addition to the neighborhood. 7. Mr. Rick Williams stated that the proposed sidewalk may handle potential vehicle/pedestrian conflicts and encouraged the neighborhood to be more open to sidewalk construction and street connectivity so that traffic would be less of an issue. 8. Mr. Rick Williams asked Mr. Henry Scholz his opinion on the viability of this land for residential development. Mr. Scholz responded that he thought it would be very difficult to successfully develop the site for single-family residential which is only use currently allowed on the subject properties. The following comments were presented at the Planning Commission's public hearing on September 17, 2009. 1. John Merkwan (3539 Windsor Oak Circle), President of the Greater Deyerle Neighborhood Association, stated that the neighborhood association was in opposition to the request. He cited increased pedestrian/vehicle conflicts and commercial encroachment into a residential neighborhood. 2. Cathy Comer (5053 Gatewood Avenue, SW), owner of the adjoining residential property, echoed the concerns of the neighborhood association. She said she was also concerned about the value of her property and potential stormwater management issues. 3. Ed Woodard (6623 Cynthia Drive), pastor of the adjoining Oak Grove Church of the Brethren, expressed concern for increased traffic and diminished quality of life. 4. William Broyles (3775 Fairburn Drive) citied similar concerns to those already mentioned. He also stated that the subject properties currently serve as a buffer Members of City Council Page 10 November 16,2009 for their neighborhood and that an overabundance of available office space was already present on Electric Road. 5. Tommy Jordan (5901 Riverdale Road) supported the proposal citing positive growth and job creation. 6. Gena Doyle (1337 Pulaski Street, Salem), daughter of the subject property's owners, supported the proposal stating that the property was surrounded by commercial uses and that the proposed development was well designed and would create jobs and revenue. 7. David Bullington (6126 8t. Ives Court) supported the proposal as a potential tenant of the development. He felt the 9 to 5 type businesses that would be locating in the development would be a good neighbor to residential development and buffer from Electric Road. 8. Bob Caudle (4231 Belford Street, SW) stated that he had personally invited Mrs. Clark to neighborhood meetings and to provide comment on the neighborhood plan. He asked the Planning Commission to uphold the neighborhood plan and vote against the request. 9. Charles Clark (2154 McVitty Road), owner of the subject properties, stated that pedestrian traffic on McVitty Road was minimal and that he saw no adverse effect on the neighborhood or vehicular traffic as a result of this development. In response to Planning Commission concern, the following proffered conditions were added to the request by the applicant. 1. Proffer No.5 will have an additional sentence to read, 'site lighting shall not exceed 0.5 foot candles at the adjoining property lines'. 2. Addition of proffer No.8, to read, "The building shall be developed in substantial conformance with the drawing titled, Gatewood Green, Exhibit B, dated August 21,2009, prepared by Balzer and Associates." 3. Language added to note No.4 on the Development Plan requiring evergreen screening to be planted along the entire length of the retaining wall and deleting the language about screening just the parking area. OL IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of November, 2009. No. 38652-111609. AN ORDINANCE authorizing the City Manager to execute a lease agreement with Min Shao, tla Hong Kong Restaurant, for approximately 748 square feet of space in the City Market Building, for a month-to-month term, effective December 1, 2009~ not to exceed twelve (12) months; and dispensing with the second reading ofthis ordinance by title. WHEREAS, a public hearing was held on November 16, 2009, pursuant to SSI5.2-1800 and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest ~d citizens were afforded an opportunity to be heard on the proposed lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, to execute and attest, respectively, in a form approved by the City Attorney, an agreement with Min Shao, tla Hong Kong Restaurant, for the lease of approxi~ately 748 square feet of space in the City Market Building, located at 32 Market Square, Roanoke, Virginia, for a food court business, for a month-to-month term, effective December 1, 2009, not to exceed twelve (12) months, at a rental rate of $1,745.33 per month, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated November 16, 2009. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~h\~ City Clerk K\David\Council Work\o-lease Hong Kong Restaurant.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 16, 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: Lease Renewal for Hong Kong Restaurant in the City Market Building Background: Min Shao, owner and operator of 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. Mr. Shao has expressed a desire to continue to operate on a month to month lease not to exceed twelve (12) months, beginning December 1, 2009. The proposed agreement establishes a base rent rate of the following: Square Footage Per Square Foot Monthly Rent Annual Rent Amount Amount 748 $28.00 $1,745.33 $20,944 The Common Area maintenance fee, to be paid in addition to the rental amount described above, is $309.00 per month. There is no renewal provision in this lease. Honorable Mayor and Members of City Council November 16, 2009 Page 2 Recommended Action: Authorize the City Manager to execute a lease agreement with Hong Kong restaurant, for approximately 748 square feet of space in the City Market Building, located at 32 Market Square, Roanoke, Virginia 24011, for a period of month to month, effective December 1, 2009, not to exceed twelve (12) months. Such lease shall be upon form approved by the City Attorney. Respectfully submitted, Darlene L. Bu cham City Manager DLB/c1t c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Asst. City Manager for Community Development Cassandra L. Turner, Economic Development Specialist Joshua L. Mabrey, Accountant/Accounts Receivable , CM09-00202 LEASE Between THE CITY OF ROANOKE And Min Shao t/a Hong Kong Restaurant C:\DOctmNTS AND SETTINGS\EDcrJ.\m- DOCUMWTS\HONG KONG\200Sl MOHTH TO MONTH LKASE.DOC HEADING PREMISES TERM BASE RENT; ESCALATIONS COMMON AREA MAINTENANCE' LANDLORD OBLIGATIONS TENANT'S OBLIGATIONS USE OF PREMISES EXCLUSIVITY ASSIGNMENTAND SUBLETTING IMPROVEMENTS SURRENDER OF PREMISES INSPECTION LEASE INDEX PAGE 2 2 3 3 4 4 4 4 4 TRANSFER OF LANDLORD'S INTEREST INSOLVENCY OR BANKRUPTCY OF TENANT 4 ESTOPPEL CERTIFICATE DAMAGE TO THE PREMISES DEFAULT OF TENANT CONDEMNATION COVENANTS OF LANDLORD NO PARTNERSHIP BROKERS COMMISSION NOTICES HOLDING OVER BENEFIT AND BURDEN GENDER AND NUMBER ENTIRE AGREEMENT 5 5 5 6 6 6 7 7 7 7 7 7 7 C\DOCUMENTS AND SETTlNGS\EDCT1\MY DOCUMENTS\HONG KONG\2009 MONTH TO MONTH LEASE.DOC I INVALIDITY OF PARTICULAR PROVISIONS. HAZARDOUS SUBSTANCES INSURANCE SECURITY DEPOSIT INDEMNIFICATION COMPLIANCE WITH LAWS AND REGULATIONS FORUM SELECTION AND CHOICE OF LAW FORCE MAJEURE EQUAL EMPLOYMENT OPPORTUNITY DRUG-FREE WORKPLACE RULES AND REGULATIONS SIGNAGE GUARANTY LIABILITY OF LANDLORD TENANT IMPROVEMENTS BUSINESS HOUR MODIFICATION Exhibit A Exhibit B Exhibit C Exhibit D Exhioit E Exhibit F C:\DOCUMENTS AND sunNGS\EDCTl \MY DOCUMEN15\HONG KONG\2009 MONTH TO MONTH LEASE.DDC II 7 7 8 9 9 10 10 10 10 10 . 11 11 11 11 11 11 Floor Plan Common Area Floor Plan Menu Rules and Regulations Sign Regulations Guaranty LEASE THIS LEASE is made this____day of ____________________2009 by and between the CITY OF ROANOKE (hereinafter referred to as "Landlord"), and Min Shao t/a Hong Kong Restaurant (hereinafter referred to as "Tenant"), WITNESSETH: In consideration of the mutual agreements hereinafter set forth, the parties hereto mutually agree as follows: 1. PREMISES Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and upon the conditions hereinafter provided, a section of the building known as the Roanoke City Market Building (herein referred to as the "Building") located at 32 Market Square, Stalls #122.123. 103A and 103, Roanoke, Virginia 24011 , as is delineated on Exhibit "A" hereto, which is hereafter referred to as the "Premises." The Premises consists of approximately 748 square feet of space. 2. TERM The term ofthis Lease shall commence on November 1, 2009, ("Commencement Date") and shall expire at 11 :59 o'clock p.m. on November 30. 2009. Unless written notice is given by the City at least sixty (60) days prior to the end of the initial term, or any renewal term, by the tenant, this Lease shall automatically renew for another month. Each renewal term shall be upon the same terms and conditions as the prior month, and upon the mutual agreement of the parties. Provided that such renewal terms shall not exceed a maximum of eleven (11) months. A key will be given to Tenant upon execution of the Lease. 3. BASE RENT: ESCALATIONS The base rent for each month of the term shall be based on cost per square foot. Tenant shall pay as base rent for the fi h h f h L d. h f II' h d I Premises or eac mont o t e ease accor Inq to t e 0 oWlnq sc e u e: Period Square Per Square Monthly Rent Annual Rent Footage Foot Amount Amount Amou nt 11/01/09 748 $28.00 $1745.33 $20,944 to 11/30/09 If the Commencement Date is other than the first day of the month, the first month of the Lease term shall be deemed to be extended to include such partial month and the following month, so as to end on the last day ofthe month. In the event the Commencement Date is other than the first day of a calendar month, the Base Rent ("Rent") (as well as the Common Area Maintenance Fee provided hereunder) for the portion ofthe then current calendar month shall be prorated on the basis of a thirty (30) day month and shall be paid immediately upon the commencement of the Term. On the first anniversary of the Lease, and upon each successive anniversary thereafter, the monthly rent for the next twelve (12) months shall be increased by three percent (3%) of the previous year's monthly rental. Rent shall be paid monthly. The first monthly payment shall be made at the time of execution ofthis Lease by the parties; the second and all subsequent monthly payments shall be made on the first day of each and every calendar month during the term. Any monthly payment of rent which is not received by Landlord by the C:\DOCUMENTSAND SEmNCS\Eocn\MV DOCUMENTS\HONC KONC\2009 MONTH TO MONTH LEASE.OOC 1 end of the fifth (5th) day of the month shall be assessed a late charge in the amount of five percent (5%) of such total monthly rent payment. All delinquent rent, and other charges due under this lease shall accrue interest at a rate equal to the current prime rate, as established by the United States Government, plus two percent (2%) per month or the maximum amount permitted by law, from the due date of such payment and shall constitute additional rent payable by Tenant under this lease and shall be paid by Tenant to landlord upon demand. Payment shall not be deemed as received if Tenant's payment is not actually collected (such as payment by insufficient funds check), Tenant shall pay rent to Landlord at City of Roanoke, 215 Church Ave, Roanoke, Virginia 24011, or to such other party or at such other address as Landlord may designate from time to time by written notice to Tenant, without demand. Checks shall be made payable to Treasurer, City of Roanoke. 4. COMMON AREA MAINTENANCE Tenant agrees to pay Landlord, as additional rental, Tenant's proportionate share of the costs ("Common Area Maintenance Fee") of maintaining, operating, repairing, replacing and insuring the "Common Areas" defined herein. . The Common Area Maintenance Fee for this lease will be a flat fee charge of Three Hundred Nine Dollars ($309.00) per month. These fees will increase by three (3%) percent upon each anniversary of this lease. The term "Common Area Maintenance Fee" includes all costs and expenses of every kind and nature paid or incurred by Landlord in operating, managing, equipping, policing, lighting, repairing, replacing items in the Building and maintaining the Building. Such costs and expenses will include, but not be limited to, the following: (a) utilities (electric, gas, waste removal, water and sewer charges, storm water charges; individual telephone service is specifically excluded), (b) insurance premiums for public liability and property damage for the Building(excluding Tenant's Premises) (c) maintenance costs of heating, ventilating and air conditioning, (d) insect and rodent treatment, (e) snow and ice removal, (f) electrical and plumbing repairs in the Common Areas ofthe Building, (g) management costs and repairs to the structu re of Building which includes roof and wall repairs, foundations, sprinkler systems, utility lines, sidewalks and curbs, (h) security camera~ systems; (i) lighting, U> sanitary control, drainage, collection of rubbish and other refuse, (k) costs to remedy and/or comply with governmental and/or environmental and hazardous waste matters(excluding Tenant's Premises) (I) repair and installation of equipment for energy saving or safety purposes, (m) reserves for future maintenance and repair work (which Tenant hereby authorize landlord to use as necessary), (n) depreciation on equipment and machinery used in maintenance, costs of personnel required to provide such services, (0) All costs and expenses associated with Landlord's obligation to repair and maintain and such other items of cost and expense which are relatable to proper maintenance of the Building and its Common Areas. The "Common Areas" are defined as alLareas and spaces in the Building and equipment in the Building, as further shown on the attached Exhibit B provided by landlord for common or joint use and benefit ofthe tenants of the Building, their C:\DDCUMENTS AND SETllNGS\EDCfl\MYDOCUMENTS\HONG KONG\2009 MONTH TO MONTH LEASE.DOC 2 employees, agents, servants, customers and invitees. The Common Areas further include, without limitation, roofs, walls, vacant areas, food court, elevator(s), restrooms, stairways, walkways, ramps, foundations, signs (excluding Tenant's signage), security cameras, lighting fixtures and equipment, and the facilities appurtenant to each of the aforesaid, and any other facilities maintained for the benefit of the Building. Landlord shall have the right to modify the Common Areas from time to time as deemed reasonable by Landlord. S. LANDLORD'S OBLIGATIONS Landlord hereby agrees to p~ovide and be responsible for the following: (a) make all structural and capital repairs and replacements to items in the Building and to the Common Areas, as defined above, and to maintain the Building and its Common Areas. Structural and capital repairs and replacements are defined as repairs or replacements which include but are not limited to repairs or replacements to the roof, elevators, electrical wiring, heating and air conditioning systems, toilets, water pipes, gas, plumbing, other electrical fixtures and the exterior and interior walls. Structural and capital repairs to Tenant's Premises are specifically excluded. (b) pay for the cost of Ten ant's utilities (gas, electric, heating, water, telephone service specifically excluded) and all other services identified through use offunds from the Common Area Maintenance Fee described above. (c) provide a key to Tenant upon execution ofthe Lease Agreement, 6. TENANT'S OBLIGATIONS Tenant, at its sole cost and expense, agrees to provide and be responsible for the following, in addition to its other responsibilities pursuant to this Lease. (a) Tenant shall keep and maintain the Premise in good repair, condition and appearance during the term ofthis Lease, ordinary wear and tear excepted, and not use any part ofthe Premises or the Common Areas ofthe Building in a negligent manner. (b) Tenant shall take good care ofthe Premises, its fixtures, and appurtenances and suffer no waste or injury thereto, and shall pay for all repairs and replacements to the Premises, necessitated by Tenant's actions, whether capital, structural as defined above, or otherwise. (c) Tenant shall surrender the Premises at the end of the t~rrn in as good condition a's Tenant obtained the same at the commencement ofthe term, reasonable wear and tear excepted. (d) Tenant shall operate its business as described in Section 7 of this Lease. ) (e) Tenant shall pay rent timely as provided in Section 3 of this Lease. (f) Tenant shall obtain the insurance as required in Section 29 of this Lease. 7. USE OF PREMISES The Premises shall be used for the purpose of conducting therein the sale of Chinese cuisine menu items. Tenant covenants and agrees that at all times during the term hereof, Tenant will actively conduct such a business in the Premises, keep the Premises amply stocked with good and fresh merchandise and keep the Premises open for business during the customary business hours of 10:00 a.m. to 6:00 p.m. (not less than e'ight (8) hours per day, Monday through Saturday) of the Building as established or as may be amended C:\DOCUMENlS AND SE1l1N~S\EDcrl\MY DOCUMENlS\HON~ KON~\2009 MONTH TO MONTH LEASE,DOC 3 by landlord and (ij) the Premises shall be used only for such purpose. The Building will be closed for the following Holidays or as observed: New Year's Day, Memorial Day, labor Day, Thanksgiving Day and Christmas Day. Nothing herein shall require the City of Roanoke to open the Building outside of the above designated hours. The Premises shall not be used for any other purpose without the written permission of landlord. Tenant shall not open the Building to the public outside ofthe customary business hours or on the Holidays stated above. 8. EXCLUSIVITY Tenant operates a restaurant as outlined in attached menu noted as Exhibit "C". Tenant must obtain written approval of landlord before adding any item, otherthan soft drink beverages, to its menu and shall pay a $100 per item to the Landlord if Tenant does not obtain such approval. If menu changes persist beyond thirty (30) days without the written approval of the landlord the tenant is thereby in default of its lease. Landlord and Tenant acknowledge that it is the intent of the parties that current and prospective tenants of the Building not be allowed to market products that would impair the sales of the other tenants of the Building. Accordingly, Landlord agrees not to lease to tenants selling similar food, cuisine or fare as existing tenants of the Market Building, as determined in the sole discretion of the landlord, or which will in the opinion of the landlord be inconsistent with the intended uses ofthe Building. Tenant further agrees not to market any product that would impair a current Tenant's sales. Tenant acknowledges and agrees that if there is any disagreement over whether any item sold by a tenant is an item sold by another tenant of the Building that would impair Tenant's sales; such dispute shall be determined and resolved in the landlord's sole discretion. 9. ASSIGNMENT AND SUBLETTING Tenant shall not voluntarily or involuntarily assign this Lease in whole or in part, nor sublet all or any part ofthe Premises without following the procedures detailed herein and obtaining the prior written consent of Landlord, in Landlord's sole discretion. The consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for such consent in any subsequent assignment or subletting. In the event that Tenant receives a bona fide written offer from a third party for the sublease or assignment of the Premises, Tenant shall forthwith notify landlord in writing, attaching a copy of such offer, of Ten ant's desire to sublet or assign this Lease upon the terms of such offer, whereupon Landlord shall have thirty (30) days to accept or reject such assignment or sublease. 10, .. IMPROVEMENTS landlord .. must approve.. all . .. alterations, ~rede'coratlon's; or Imph3vemerits' in and'to the Premises iriwriting beforehand. Such alterations, redecorations, additions, or improvements shall conform to all applicable Building Codes ofthe City of Roanoke, federal and state laws, rules and regu lations. 11, SURRENDEROF PREMISES At the expiration of the tenancy hereby created, Tenant shall peaceably surrender the Premises, including all alterations, additions, improvements, decorations and repairs made thereto (but excluding all trade fixtures, equipment, signs and other personal property installed by Tenant, provided that in no event shall Tenant remove any ofthe following materials or equipment without Landlord's prior written consent: any free standing signs, any power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; or other similar building operating equipment and decorations), broom cleaned and in good condition and repair, reasonable wear and tear excepted. Tenant shall remove all its property not required to be surrendered to landlord before surrendering the Premises and shall repair any damage to the Premises caused C:\DOCUMENTS AND SETT1NGS\EDCT1\MY DOCUMENTS\HONG KONG\2009 MONTI! TO MONTI! LEASE.DOC 4 thereby. Any personal property remaining in the Premises at the expiration ofthe Lease shall be deemed abandoned by Tenant, and Landlord may claim the same and shall in no circumstance have any liability to Tenant therefore. If physical alterations were done by Tenant, Landlord, at its option, may require Tenant to return Premises to its original condition (condition at occupancy) when Tenant vacates Premises. Upon termination, Tenant shall also surrender all keys for the Premises to Landlord and, if applicable, inform Landlord of any combinations of locks or safes in the Premises. Ifthe Premises are not surrendered at the end of the term as herein above set out, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including without limitation, claims made by the succeeding Tenant founded on such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. 12. INSPECTION. Tenant will permit Landlord, or its representative, to enter the Premises, upon reasonable notice to Tenant, without charge thereof to Landlord and without diminution of the rent payable by Tenant, to examine, inspect and protect the same, and to make such alterations and/or repairs as in the judgment of Landlord may be deemed necessary, or to exhibit the same to prospective Tenants during the last one hundred twenty (120) days ofthe term of this Lease. 13. INSOLVENCY OR BANKRUPTCY OF TENANT In the eventTenant makes an assignment for the benefit of creditors, or a receiver of Tenant's assets is appointed, or Tenant files a voluntary petition in any bankruptcy or insolvency proceeding, or an involuntary petition in any bankruptcy or insolvency proceeding is filed against Tenant and the same is not discharged within sixty (60) days, or Tenant is adjudicated as bankrupt, Landlord shall have the option ofterminating this Lease. Upon such written notice being given by Landlord to Tenant, the term of this lease shall, at the option of landlord, end and landlord shall be entitled to immediate possession of the Premises and to recover damages from Tenant in accordance with the provisions of Article 17 hereof. 14. TRANSFER OF LANDLORD'S INTEREST landlord shall have the right to convey, transfer or assign, by sale or otherwise, all or any part of its ownership interest in the property, including the Premises, at any time and from time to time and to any person, subject to the terms and conditions of this lease. All covenants and obligations of landlord under this lease shall cease upon the execution of such conveyance, transfer or assignment, but such covenants and obligations shall run with the land and shall be binding upon the subsequent owner(s) thereof or of this Lease during the periods of their ownershTp thereof. 15. ESTOPPEL CERTIFICATE Tenant agrees, at any time, and from time to time, upon not less than ten (l0) days' prior notice by Landlord, to execute, acknowledge and deliver to landlord, a statement in writing addressed to Landlord or other party designated by landlord certifying that this lease is in full force and effect (or, if there have been modifications, thatthe same is in full force and effect as modified and stating the modifications), stating the actual commencement and expiration dates of the lease, stating the dates to which rent, and other charges, if any, have been paid, that the Premises have been completed on or before the date of such certificate and that all conditions precedent to the Lease taking effect have been carried out, that Tenant has accepted possession, that the Lease term has commenced, Tenant is occupying the Premises and is open for business, and stating whether or not there exists any default by either party contained in this Lease, and if so specifying each such default of which the signer may have knowledge and the claims or offsets, if any, claimed by Tenant; it being intended that any such statement delivered pursuant hereto may be relied C:\OOCUMEN15ANO SEmNGS\EDCT1\MY OOCUMENTS\HONG KONG\2009 MONTH 10 MONTH LEASE.OOC 5 upon by landlord or a purchaser of Landlord's interest and by any mortgagee or prospective mortgage of any mortgage affecting the Premises. If Tenant does not deliver such statement to landlord within such ten (10) day period, landlord may conclusively presume and rely upon the following facts: (i) that the terms and provisions ofthis lease have' not been changed except as otherwise represented by Landlord; (ij) that this lease has not been canceled or terminated except as otherwise represented by landlord; (iii) that not more than one (1) month's minimum rent or other charges have been paid in advance; and (iv) that Landlord is not in default under the lease; and (v) no disputes exist. In such event Tenant shall be estopped from denying the truth of such facts. Tenant shall also, on ten (10) days' written notice, provide an agreement in favor of and in the form customarily used by such encumbrance holder, by the terms of which Tenant will agree to give prompt written notice to any such encumbrance holder in the event of any casualty damage to the Premises or in the event of any default on the part of landlord under this lease, and will agree to allow such encumbrance holder a reasonable length of time after notice to cure or cause the curing of such default before exercising Tenant's right of self-help under this Lease, if any, or terminating or declaring a default under this Lease. 16. . DAMAGE TO THE PREMISES If the Building or the Premises shall be partially damaged by fire or other cause without the fault or neglect of Ten ant, its agents, employees or invitees, landlord shall diligently and as soon as practicable after such damage occurs repair such damage at the expense of landlord, provided, however, that if the Building is damaged by fire or other cause to such extent that the damage cannot be fully repaired within ninety (90) days from the date of such damage, landlord or Tenant, upon written notice to the other, may terminate this lease, in which event the rent shall be apportioned and paid to the date of such damage. During.the period that Tenant is deprived ofthe use of the damaged portion of Premises, Tenant shall be required to pay rental covering only that part of the Premises that Tenant is able to occupy, and Rent for such occupied space shall be the total rent divided by the square foot area of the Premises and multiplied by the square foot area that the Tenant is able to occupy. 17. DEFAULT OF TENANT IfTenant shall fail to pay any monthly installment of Rent and/or as required by this Lease, or shall violate or fail to perform any ofthe other conditions, covenants or agreement on its part contained in this lease and such failure to pay Rent or such violation or failure shall continue for a period of ten (10) days after the due date of such payment or after written notice of any such violation or failure to perform by Tenant, then and in any of such events this Lease shall, at the option of Landlord, cease and terminate upon at least ten (10) days' prior written notice of such election to Tenant by Landlord, and if such failure to pay rent or such violation or failure shall continue to the date set forth in such notice of termination, then this lease shall cease and terminate without further notice to quit or of landlord's intention to re-enter, the same being hereby waived, and Landlord may proceed to recover possession under and by virtue of the provisions of the laws of Virginia, or by such other proceedings, including re-entry and possession, as may be applicable. If landlord elects to terminate this lease, everything herein contained on the part of Landlord to be done and performed shall cease without prejudice, however, to the right of landlord to recover from the Tenant all rental accrued up to the time of termination or . recovery of possession by Landlord, whichever is later. Should this Lease be terminated before the expiration of the term ofthis Lease by reason of Ten ant's default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration or termination ofthe term ofthis Lease, landlord shall use its best efforts to relet the Premises on the best rental terms reasonably available underthe circumstances and ifthe full rental hereinabove provided shall not be realized by landlord, Tenant shall be liable for any deficiency in rent. Any C:\OOCUMEN15 ANO SETTING5\Eocn\MV OOCUMENT5\HONC KONG\2009 MONTlJ TO MONTlJ LEASE.OOC 6 damage or loss of rental sustained by Landlord may be recovered by Landlord, at landlord's option, at the time ofthe reletting, or in separa~e actions from time to time, as such damage shall have been made more easily ascertainable by successive relettings, or at Landlord's option, may be deferred until the expiration of the term of this Lease in which event the cause of action shall not be deemed to have accrued until the date of expiration of such term. The provisions contained in this paragraph shall not prohibit any claim Landlord may have against Tenant for anticipatory breach of the unexpired term of this Lease. 18. CONDEMNATION If any part of the Building or a substantial part of the Premises shall be taken or condemned by any governmental authority for any public or quasi-public use or purpose (including sale under threat of such a taking) then the term of this lease shall cease and terminate as of the date when title vests in such governmental authority, and the annual rental shall be abated on the date when such title vests in such governmental authority. If less than a substantial part of the common area of the Premises is taken or condemned by any governmental authority for any public or quasi-public use or purpose, the rent shall be equitably adjusted on the date when title vests in such governmental authority and the Lease shall otherwise continue in full force and effect. Tenant shall have no claim against Landlord (or otherwise) for any portion ofthe amount that may be awarded as damages as a result of any governmental taking or condemnation (or sale under threat of such taking or condemnation) or for the value of any unexpired term of the Lease. For purposes of this Article 18, a substantial part of the Premises shall be considered to have been taken if more than fifty percent (50%) of the Premises are unusable by Tenant. 19. COVENANTS OF LANDLORD Landlord covenants that it has the right to make this Lease for the term aforesaid, and that if Tenant shall pay the Rent and perform all ofthe covenants, terms and conditions ofthis Lease to be performed by Tenant, Tenant shall, during the term hereby created, freely, peaceably and quietly occupy and enjoy the full possession ofthe Premises without molestation or hindrance by Landlord or any party claiming through or under Landlord. 20. NO PARTNERSHIP nothing contained in this Lease shall be deemed or construed to create a partnership or joint ventu re of or between the Landlord and Tenant, or to create any other relationship between the parties hereto other than that of Landlord and Tenant. 21. BROKER'S COMMISSION Tenant represents and warrants that it has incurred no claims or finder's fees in connection with the execution of this Lease. 22. NOTICES All notices or other communications hereun'der shall be in writing and shall be deemed duly given if delivered in person or by certified or registered mail, return receipt requested, first-class postage prepaid, (i) if to Landlord at City of Roanoke, 117 Church Avenue, Roanoke, Virginia 24011, Attention: Director of Economic, and (ii) if to Tenant, at 32 Market Sauare. SE, unless notice of a change of address is given pursuant to the provisions ofthis Article. 23. HOLDING OVER In the event that Tenant shall not immediately surrender the Premises on the date of expiration of the term hereof, Lease shall automatically renew itself month to month, at twice the Rent rate for the last year of the lease plus all other charges accruing under this Lease, and subject to all covenants, provisions and conditions herein contained. Landlord and tenant shall both have the right to terminate the holdover tenancy upon thirty (30) days written notice. Tenant shall not interpose any counterclaim(s) in a summary proceeding or other action based on holdover. C:\DOCUMENTS AND SETTINGS\EDCT1\MY DOCUMENTS\HONG KONG\2009 MONlH 1lJ MONlH LEASE.DOC 7 24. BENEFIT AND BURDEN The provisions ofthis Lease shall be binding upon, and shall inure to the benefit of, the parties hereto and each of their respective representatives, successors and assigns. 25. GENDER AND NUMBER Feminine or neuter pronouns shall be substituted for those of the masculine form, and the plural shall be substituted for the singular number, in any place or places herein in which the context may require such substitution. 26. ENTIRE AGREEMENT This Lease, together with any exhibits attached hereto, contains and embodies the entire agreement of the parties hereto, and representations, inducements or agreements, oral or otherwise, between the parties not contained in this Lease and exhibits, shall not be of any force or effect. This Lease may not be modified, changed or terminated in whole or in part in any manner other than by an agreement in writing duly signed by both parties hereto. 27. INVALIDITY OF PARTICULAR PROVISIONS If any provision of this Lease or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable, shall riot be affected thereby, and each provision ofthis Lease shall be valid and be enforced to the fullest extent permitted by law. 28. HAZARDOUS SUBSTANCES Tenant covenants and warrants that Tenant, and Tenant's use of Premises and any alterations thereto will at all times comply with and conform to all laws, statues, ordinances, rules and regulations of any governmental, quasi-governmental or regulatory authorities ("Laws") which relate to the transportation, storage, placement handling, treatment, discharge, generation, removal production or disposal (collectively "Treatment") of any waste petroleum product, waste products, radioactive waste, Polychlorinated Biphenyls (PCB), asbestos, lead~based paint, or other hazardous materials of any kind, and any substance which is regulated by any law, statute, ordinance, rule or regulation (collectively "Waste"). Tenant further covenants and warrants that it will not engage in or permit any person or entity to engage in any Treatment of any Waste on or which affects the Premises. Immediately upon receipt of any Notice (as hereinafter defined) from any person or entity, Tenant shall deliver to Landlord a true, correct and complete copy of any written Notice. "Notice" shall mean any note, notice or report of any suit, proceedings, investigation, order, consent order, injunction, writ, aWard or action rel(!.ted to or affecting or indicating the Treatment of any Waste in or affecting the Premises. Tenant hereby agrees it will indemnify, defend, save and hold harmless Landlord and Landlord's officers, directors, shareholders, employees, agents, partners, and the respective heirs, successors and assigns (collectively "Indemnified Parties") against and from, and to reimburse the Indemnified Parties with respect to, any and all damages, claims, liabilities, loss, costs and expense (including, without limitation all attorney's fees and expenses, court costs, administrative costs and costs of appeals), incurred by or asserted against the Indemnified Parties by reason of or arising out of: (a) the breach of any representation or undertaking of Tenant under this section or (b) arising out of the Treatment of any waste by Tenant or any'lIcensee, concessionaire, manager or other party occupying or using the Premises. Landlord is given the right, but not the obligation, to inspect and monitor the C:\DOCUMENTS AND SflTlNGS\EDCT1\MY DOCUMENTS\HONG KONG\2009 MONTH TO MONTH LEASE.DOC 8 Premises and Tenant's use of the Premises, including the right to review paperwork associated with Treatment activities in order to confirm Tenant's compliance with the terms of this Section. Landlord may require that Tenant deliver to landlord concurrent with Tenant's vacating the Premises upon the expiration of this lease, or any earlier vacation of the Premises by Tenant, at Tenant's expense, a certified statement by licensed engineers satisfactory to the Landlord, in form and substance satisfactory to Landlord, stating that Tenant, and any alterations thereto and Tenant's use of the Premises complied and conformed to all Laws relating to the Treatment of any Waste in or affecting the Premises. . Tenant agrees to deliver upon request from Landlord estoppel certificates to Landlord expressly stipulating whether Tenant is engaged in or has engaged in the Treatment of any Waste in or affecting the Premises, and whether Tenant has caused any spill, contamination, discharge, leakage, release or escape of any Waste in or affecting the Premises, whether sudden or gradual, accidental or anticipated, or any other nature at or affecting the Premises and whether, to the best ofthe Tenant's knowledge, such an occurrence has otherwise occurred at or affecting the Premises. 29. INSURANCE Prior to the delivery of possession of the Premises to Tenant, Tenant shall provide Landlord evidence satisfactory to Landlord (i) that fire and casualty and workers' compensation policies in amount and in form and content satisfactory to Landlord have been issued by a company or companies satisfactory to Landlord and will be maintained throughout the course of Tenant's work at Tenant's cost and expense and (ij) that Tenant has complied with the comprehensive liability insurance requirements set forth in the following paragraph. Tenant will, at all times commencing on the date of delivery of possession of the Premises to Tenant, at its own cost and expense, carry with a company or companies, satisfactory to Landlord, comprehensive general liability insurance including public liability and property damage, in a form satisfactory to landlord, on the Premises, with the combined single liability limits of not less than One Million Dollars ($1,000,000.00) per occurrence, which insuranceshall be written or endorsed so as to protect Landlord, its officers, agents and employees as additional insureds. The Tenant agrees that the above stated limits and coverages are minimum limits and coverages, and that Tenant shall provide such additional insurance as set forth above, in such amounts and against such risk as may be required in the Landlord's sole but reasonable judgment, to equal the amounts and types of coverages carried by prudent owners and operators of properties similar to the Building. Tenant shall iricrease such limits at its discretion or upon reasonable request of Landlord but not more often than once every year and such increases shall not be in excess of generally accepted standards in the industry. Tenant covenants that certificates of all of the insurance policie's required under this Lease, and their renewal or replacement, shall be delivered to landlord promptly without demand upon the commencement ofthe term of this Lease and upon each renewal of the insurance. Such policy or policies shall also provide that it shall not be cancelled nor shall there by any change in the scope or amount of coverage of the policy without thirty (30) days prior written notice to Landlord. If same is not provided with ten (10) days after demand, Landlord is authorized to secure such policy from such companies as it deems appropriate and collect from Tenant in such a manner as it deems appropriate the cost of the premium. 30. SECURITY DEPOSIT (a) AMOUNT OF DEPOSIT Tenant will deposit a sum equal to the amount of C:\DOCUMEN'T> AND SETTlNGS\EDCT1\MY DOCUMEN'T>\HONG KONG\2009 MONlli m MONlH LEASE.DOC 9 the rent in the last month of the Lease with the Landlord before the . commencement of this Lease. Such deposit shall be held by landlord, without liability for interest, as security for the faithful performance by Tenant of all of the terms, covenants and conditions of the lease by Tenant to be kept and performed during the term hereof. If at any time during the term of this lease any of the rent herein reserved shall be overdue and unpaid, or any other sum payable by Tenant to landlord hereunder shall be overdue and unpaid, the Landlord may, at the option of landlord, appropriate and apply any portion of such deposit to the payment of any such overdue rent or other sum. (b) USE AND RETURN OF DEPOSIT In the event of the failure of Ten ant to keep and perform any ofthe terms, covenants, and conditions ofthis Lease to be kept and performed by Tenant, then the landlord at its option may appropriate and apply the entire such deposit, or so much thereof as may be necessary, to compensate the landlord for loss of damage sustained or suffered by Landlord due to such breach on th,e part of Ten ant. Should the entire deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of overdue rent or other sums due and payable to landlord by Tenant hereunder, then Tenant shall, upon the written demand of landlord, forthwith remit to Landlord a sufficient amount in cash to restore such security to the original sum deposited, and Tenant's failure to do so within five (5) days after receipt of such demand shall constitute a breach of this Lease. Should Tenant comply with all of such terms, covenants and conditions and promptly pay. the entire rental herein provided for as it falls due, and all other sums payable by Tenant to Landlord hereunder, such deposit shall be returned in full to Tenant at the end ofthe Lease Term or upon the earlier termination of this lease. 31. INDEMNIFICATION Tenant agrees to save and to protect, indemnify and hold landlord harmless from and against and to reimburse landlord from any and all liabilities, damages, costs, expenses, including, without limitation, reasonable attorneys' fees, causes of action, suits, claims, demands, or judgments of any nature whatsoever arising from injury to or death of persons or damages to property resulting from Tenant's use of the Premises caused by any act or omission, whether intentional or otherwise, of Ten ant or its employees, servants, contractors or agents. 32. COMPLIANCE WITH LAWS AND REGULATIONS Tenant agrees to and will comply with all applicable federal, state and local laws, ordinances and regulations. Tenant acknowledges and agrees that it will dispose of trash and grease in the containers designated by the Landlord for such disposal and not dispose of such substances in a manner that would violate applicable federal, state and local laws, ordinances or regulations. 33. FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this Lease, Tenant submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Lease is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth' of Virginia. 34. FORCE MAIEURE In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, or other reason of a like nature not the fault of the party delayed in performing the work or doing acts required under the terms ofthis lease, then the time allowed C:\DOCUMEN1S AND SETTINGS\EDcn\MY DOCUMENmHONG KDNG\2009 MONTH TO MONTH LEASE.DOC 10 for performance for such act shall be extended by a period equivalent to the period of such delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent, Common Area Maintenance Fee or any other payments required by the terms of this Lease. 35. EQUAL EMPLOYMENT OPPORTUNITY: During the performance of this Agreement, Tenant agrees as follows: (a) Tenant 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 its business. Tenant agrees to post rn conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) (c) Tenant, in all solicitations or advertisements for employees placed by or on behalf of Ten ant, will state that Tenant is an equal opportunity employer. Tenant will include the provisions.ofthe foregoing subsections (a) and (b) in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. 36. DRUG-FREE WORKPLACE: (a) During the performance of this Agreement, Tenant agrees to (i) provide a drug-free workplace for its employees; (ij) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iij) state in all solicitations or advertisements for employees placed by or on behalf of . Tenant that Tenant maintains a drug-free workplace; and (Iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. (b) For the purposes of th is section, "drug-free workplace" means a site for the performance cifwork done in connection with a specifiC contract awarded to a contract awarded to a contractor, the employ.ees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance ofthe Agreement. 37. RULES AND REGULATIONS. Tenant agrees to comply and adhere to Landlord's rules and regulations concerning the Building as stated in the attached Exhibit "0" attached hereto and made part of this Lease 38. SIGNAGE Tenant agrees to comply and adhere to Landlord's regulations concerning signage as stated in the attached Exhibit "E" attached hereto and made part of this Lease. 39. GUARANTY By virtue of entering into this Lease, Tenant agrees to have executed the Guaranty contained in Exhibit "F" attached hereto and made part of this Lease. Such Guarantor(s) shall first be approved by Landlord in C\DDCUMENlS AND SETIlNGS\EDCTl \MV DOCUMEN1S\HONG KONG\2009 MON1H TO MONlli LEASE.DOC 11 writing. Tenant agrees to provide information concerning Guarantor(s) to Landlord upon request. 40. LIABILITY OF LANDLORD As to this lease Agreement, landlord shall not be liable to Tenant, its employees, agents, business invitees, licensees, customers, clients, family members, guests or trespassers from any damage, compensation or claim arising during the term of this lease Agreement, from the necessity of repairing any portion of the Building, the interruption in the use of the Premises, accident or damage resulting from the use or operation (landlord, Tenant, or any other person or persons whatsoever) of elevators, or heating, cooling, electrical or plumbing equipment or apparatus, orthe termination of this Lease by reason of the destruction of the Premises, or from any fire, robbery, theft, and/or any other casualty, or from any leakage in any part or portion of the Premises or the Building, or from water, rain or snow that may leak into, or flow from, any part ofthe Premises orthe BUilding, orfrom drains, pipes or plumbing work in the Building, orfrom any other cause whatsoever. Any goods, property or personal effects, stored or placed by Tenant in or about the Premises or Building, shall be at the risk of Tenant, and Landlord shall not in any manner be held responsible therefore. The employees of landlord are prohibited from receiving any packages or other articles delivered to the Building for Tenant, and if any such employee receives any such package or articles, such employee shall be the agent of the Tenant and not of Landlord. Intentionallv Omitted C:\DDCUMENTSAND SETTlNGS\Eocn\MY DOCUMENTS\HONG KONG\2009 MONlH TIJ MONTH LEASE.DOC 12 LANDLORD: CITY OF ROANOKE ATTEST: Stephanie M. Moon, City Clerk By: (SEAL) Print Name: Darlene Burcham Title: City Manaqer TENANT: By: Print Name: Title: (SEAL) SS#: ______________________________ Approved as to Form: Assistant City Attorney C:\DOCUMENlSAND SETTlNGS\EDCD\MY DOCUMEN1S\HONG KONG\2009 MONTH TO MONTH LEASE.OOC 13 EXHIBIT A FLOOR PLAN '\ C:\DOCUMENTS AND SETfINCS\EDCT1\MV DOCUMENTS\HONC KDNG\2009 MONTH 1'0 MONTH LEASE.DOC 14 EXHIBIT A FLOOR PLAN \\1 ~ \\'2. l'2-'} \~, \O~ 'of) \~7 lot \\~ la1 \":2.(., \\1>\ I ~ I I = Q ~, ,~' - U'.., ms- ,~ 9 -- ", ~O", =-~ o(~tCD.\, ~ ~ "')0 · . I ._~:~.... I , .' ~...I '=- .a( . D? tLP I' Oi:L.j:l,1o ~ I ......... ~..~ c -;'7 - . ... \ 05 ' . \\" . ...~'D 0 ,,- " '.~I..I~ D ~ '.1'1 \~ . \00.( I : \~ I ~ . + \ :z.3 = ~ ' 'j 0 i i 1,.1\7-\\'1...,1156:"1111 . ill \"J,2.' \03 I .. i. . ~ ...I,.\3bII'.1111r TI\, \'".. ,.'> I ~ -,...-J \02- i~. Pi? [\10_-5__ ~:~ K:\LEASINU\2005 DOCUMENTS\MAIIKET BUILDING FINAL LEASE. EUA5 AZAI\.DOC 12 , .. EXHIBIT B COMMON AREAS FLOOR PLAN Attach here C,\DDCUMENTS AND SET11NGS\EDCT1\MY DDCUMENmHONG KONG\2009 MONlH TO MONlll LEASE.DOC 15 , ~ ~ ) n I , ~ . J1;l ~ · '15 .~ ~I ~ II ~: li~~~UI\bI..u i · ~~i HI I .. . I. Ii JnN3^V rrnvs ~,~' l 18"! .: .~\. .., ~l- . I I I. Ii t f I i I I I I I 1.1-1 ~ W , (y u.1 I 1-- 0::: j In l- V) i 1--. I I., --l :::.: _J I 0:": <;( I <:( ,', ;: I ~ u. I 13: f~ ilS ii~ I eR nl' , ;!d I ;1" .1 , III.~I I ~ fal I' 1m agB, ~t~. 'rl' b IIIn I if .....;..;. It 1..--. ~:h 110O 8111 ~~.;:~ 3nN3^V 1138dl^l\() . .;?:c.~ ~~ fa~~ ::Ii~li: EXHIBIT C MENU Attach here if Food Court Tenant C:\DOCUMENT> AND SETTlNGS\EDCT1\MY DOCUMENlS\HONG KONG\2009 MONTH TO MONTH lEASE,DOC 16 ., HONG KONG RESTAURANT Chinese, Thai & Vietnamese Food Phone: 540-345-3790 32 Market Square, SE Soup Small Large 3.00 3.00 3.50 2.75 5.96 BEEF Beef wtlh Broccoli............................. 5.45 Beef with mixed Vegetables............. 5.50 Beef with Garlic Sauce..................... 5.50 Hunan Beel...................................... 5.50 Green Pepper Steak......................... 5.95 Curry Beef............................... 5.95 SHRIMP ApPETIZERS Egg Roll............................................. 1.00 Spring Roll ......................................... 1.25 Summer Roll..........................:............. 1.50 Crab Rangoon (8)................................ 3.50 Chinese Donuts (10)............................ 2.75 Fried Whole Chicken Wings (4).......... 3.99 Egg Drop Soup.... 2.00 ....... Wonlon Soup............... 2.00 ....... Hot and Sour Soup....... 2.50 ....... Thai Lemon Grass soup.................... Seafood Soup....... ................. ...... lo MEIN (SOFT NOODLES) Chicken Lo Meln................................ 5.75 Pork Lo Mein.................................... 5.75 Vegetable Lo Mein............................. 5.75 Beef Lo Mein...................................... 5.95 Shrimp La Mein.................................. 5.95 House Lo Mein................................... 5.95 Shrimp with Lobster Sauce............... Shrimp with Broccoli......................... Shrimp with mixed Vegetables.......... Cashew Shrimp................................ Curry Shrimp.................................:.. Shrimp with Garlic Sauce................. Kung Pao Shrimp............................. Hunan Shrimp........ ............. ......... ..... 5.95 5.95 5.95 5.95 5.95 5.95 5.95 5.95 FBIED RICE Chicken Fried Rice............................ 5.75 Pork Fried Rice................................ 5.75 Vegetable Fried Rice........................... 5.75 Beef Fried Rice.................................. 5.95 Shrimp Fried Rice............................. 5.95 House Fried Rice................................ 5.95 SWEET AND SOUR Sweet and Sour Chicken............... 5.45 Sweet and Sour Shrimp................. 5.95 VEGETABLES Vegetable Dellght............................... 5.45 Broccoli wtlh Garlic Sauce................. 5.45 Bean Curd Home Style....................... 5.95 COMBINATION PLATES (SERVED wI EGG ROLL & FRIED RICE) 1) Chicken or Roast Pork Lo Meln....... 5.75 2) Beef Lo Mein................................... 5.95 3) Shrimp Lo Mein............................... 5.95 4) Green Pepper Steak........................ 5.50 5) Moo Goo Gai Pan............................ 5.50 6) Fried Chicken Wings (4)................... 5.45 7) Chicken with Broccoli....................... 5.45 8) Beef wnh Broccoli............................. 5.45 9) Sweet and Sour Chicken.................. 5.45 10) General Tso's Chicken....................5.45 VIETNAMESE & THAI Summer RoiL.................................. 1.50 Thai Lemon Grass soup.................. 2.75 Pho soup......................................... 5.95 (3) Summer Rolls wtlh Fried Rice.... 5.95 Tofu Pad Thai................................. 5.95 Beef Pad Thai................................. 5.95 Chicken Pad Thai.......:.................... 5.95 Shrimp Pad Thai.............................. 6.50 Thai Curry Chicken.......................... 5.95 Thai Curry BeeL.............................. 5.95 Thai Curry Shrimp............................ 6.50 Evil Jungle Chicken........:................ 5.95 Thai Shrimp with Garlic Sauce......... 5.50 CHICKEN Chicken wi Broccoli........................ 5.45 Chicken w/Mix Vegetable............... 5.45 Cashew Chicken............................ 5.45 Sesame Chicken............................ 5.45 Kung Pao Chicken.......................... 5.45 General Tao's Chicken................... 5.45 Orange Chicken.............................. 5.45 Chicken wnh Garlic Sauce............. 5.50 Hunan Chicken............................... 5.50 Moo Goo Gai Pan.......................... 5.95 Curry Chicken................................ 5.95 EXHIBIT D RULES AND REGULATIONS 1. All trash must be kept in a .covered container, or if requested by Landlord, in a Dumpster or similar container furnished and serviced at Tenant's expense. 2. Tenant shall keep lights on in show windows, leased food court space and lights on under marquee, if any, from 10:00 a.m. until 6:00 p.m. 3. Tenant agrees to handle all deliveries and refuse through the Salem Avenue entrance (if one) of the Premises. 4. No sign shall be permanently affixed to the plate glass of any window without prior written consent of Landlord. 5. No solicitation material shall be displayed inside the building or affixed to the exterior of the building. 6. Tenant shall keep Premise's, windows and window frames clean (inside and out) at all times and wash them weekly. 7. Tenant shall keep Premises' floors free of trash, chewing gum and other debris, and shall scrub and wax all tile or plastic flooring at least weekly. 8. Tenant is responsible for the replacement of light bulbs in its space 9. Tenant is responsible for the replacement of air-filters and the monthly maintenance of their exhaust fans in its Premises by a licensed contractor on a basis predetermined by the Landlord. 10. Tenant shall be responsible for breaking down and having all cardboard boxes ready for pick up. 11. (Applies only to Food Court Vendors) Providing the availability of space for the purpose of storage, Landlord will allocate equally among all food vendors a set amount of space for the storage of a freezer or a refrigerator, food items and paper products. Items must be stored in accordance with Health and Fire codes. No restaurant equipment (unused or in disrepair) is to be stored in the area under any circumstances. Any prohibited items stored in this area will be removed at Tenant's expense. Tenant's not maintaining their own storage space per Health and Fire code requirements will be assessed a $100.00 fee per occurrence. If a Tenant's space is in violation more than three times in a given year, Landlord will rescind Tenant's option to use available space. C:\DOCUMEN1S AND SETTlNCS\EDCT1\MY DDCUMEN1S\HONC KONC\2009 MDNni 10 MONni LEASE.DOC 17 EXHIBIT E SIGN REGULATION No sign, advertisement or notice shall be inscribed, painted, affixed or displayed on walls, windows, or any part of the outside or the inside of the Building including the directories, in place, number, size, color and style, unless approved by landlord. If Tenant nevertheless exhibits such sign, advertisement or notice, landlord shall have the right to remove the same and Tenant shall be liable for any and all expenses incurred by landlord by such removal. Tenant further agrees to maintain such sign, canopy, decoration, lettering, advertising matter or other thing as may be approved in good condition and repair at all times. landlord shall have the right to prohibit any advertisement of Tenant which in its opinion tends to impair the reputation of the Building or its desirability as a high-quality festival marketplace for retail stores or food related businesses, other institutions of like nature, and, upon written notice from landlord, Tenant shall immediately refrain from and discontinue any such advertisement. C:\DOCUMENTS AND SETTlNGS\EDCT1\MY DDCUMENTS\HONG KONG\2009 MONlli TO MONlli lEASf.DOC 18 EXHIBIT F GUARANTY PERSONAL GUARANTEE Intentionally Omitted C:\DOCUMENTSAND SETllNGS\EOCf1\MY DOCUMENTS\HONG KONG\2009 MONTH TO MONTH LEASE.DOC 19 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- OFFICE OF ECONOMIC DEVELOPMENT 117 CHRUCH AVE ROANOKE VA 24011 REFERENCE: 80084300 11760985 NPH-Hong Kong Restau State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __l~~ay of Y 2009. Witness my hand and official seal. tary Public \\\,'\111.1411/1 ,,\\ p,LA'r'4? "', ...... ^~ ....... '-1A.' .. ~ v .' ,/',' v ' ...... :s- ..' ~p..~' ". '-:,. 2 ~:' ~00B\..\C '.. ~ -:. = CO :' t' #10909'3~.: -= = ~ : ~~2~a~~\SS\G \ : ; = ::.... ", W' v~?r: ,.h: C5 ~ .... '. ~, -:. ~ ". ..' ~ ...' TOTAL COST: 196.56 ~~~~~NWEAD~~~0~ FILED ON: 11/06/09 111/11111\'1\\\\ ----------------------------------------~--------- PUBLISHED ON: 11/06 Authorized v-: ~ Signature:_~-~-- ~- NOnCE OF puiilC~ HEARING ;~f'; The City of RoanOke,!. .. proposes to lease. ' approximately 748 square " feet of City-owned property located In the Roanoke City i Market Building at 321. . Market Square, Roanoke, '. .' Virginia 24011, to Mln' , Shao, tja Hong Kong ',' Restaurant, to be used as a '. I food court business, on a :, month to month basis ' begl.nnlng December 1, I 2009, such terms not to exceed twelve.(12) months. I Pursuant to the requirements of ~~15,2-1800 and 15.2-1813, Code of Virginia, (1950) as amended, notice I Is hereby given that the City Council of the City ofl Roanoke will hold a public, hearing on the abovel matter at Its regular, .me.etlng to be held onl Monday, November 16,; 2009, commencing at7:00 i p.m., In the Counclll Chambers, 4th Floor, Noel C. Taylor Municipal Building, I 215 Church Avenue, S.w" Roanoke, Virginia, 24011. iFurther Information Is . 'available from the Office of " 'the City Clerk for the City of ' 'Roanoke at (540) 1853-2541. , \. Citizens shall have the opportunity to be heard and I express their opinions on I said matter. , If you are a person with a' .disabllity who needs: accommodations for this'l hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday,1 November 12, 2009, " GIVEN under my hand this I 3rd day of November, 2009, . STEPHANIE M. MOON . CLERK (11760985) t;'"J - -I -c t;'"J ~ ~. (0 -:r i5 ...:: ....... 0) ;i .so I-'" rw ':J' Billing Services Representative Ole NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease approximately 748 square feet of City- owned property located in the Roanoke City Market Building at 32 Market Square, Roanoke, Virginia 24011, to Min Shao, t/a Hong Kong Restaurant, to be used as a food court business, on a month to month basis beginning December 1,2009, such terms not to exceed twelve (12) months. Pursuant to the requirements of 9915.2-1800 and 15.2-1813, Code of Virginia (1950) as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, November 16; 2009, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, November 12, 2009. GIVEN under my hand this 3rd day of November ,2009. STEPHANIE M. MOON CLERK K:\David\Council Work\PH NOTICE Hong Kong Restaurant lease.II-16-09.doc ..'1. ~~:3 b;H)~:;, Notice to Publisher: Publish in the Roanoke Times on Friday, November 6,2009. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Economic Development Administrator 117 Church Avenue, S. W. Roanoke, Virginia 24011 (540)853-2715 113 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of November, 2009. No. 38653-111609. AN ORDINANCE to appropriate funding to be provided by the Series 2010 Bonds to the Washington Park Pool Improvements project, amending and reordaining certain sections of the 2009-2010 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 Capital Projects Fund Appropriations be, and the same are hereby, amended, and reordained to read and provide as follows: Appropriations Washington Park Pool Improvements 08-620-9702-9328 Appropriated from 2010 Bond Funds 08-620-9764-9302 $ (1,910,000) 1,910,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~ 10). "h\ D""'-.) 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 16, 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: Appropriation of Bond Funds for Washington Park Pool Capital Improvements Background: On July 20, 2009, City Council approved the Capital Improvement Program (C1P) Update for FY 2010-2014 and, subsequently, modified the update on August 3, 2009. The C1P includes planned bond issuance for FY 2010 in the amount of $13.945 million, which City Council authorized on second reading on September 21, 2009, for several projects. This included $6.74 million for Parks and Recreation Master Plan activities of which $3.6 million was designated for capital improvements to Washington Park Pool. With regard to capital improvements to Washington Park Pool, there were three options presented for consideration. Council has been briefed on the options on multiple occasions, with the most recent briefing on November 2, 2009. Following discussion by City Council, Option 2 was selected. This option includes repair and renovation of the current facility by adding aquatic elements/enhancements (L-shape lap pool, swimming lanes, drop slide, l-M diving, zero depth entry leisure pool, interactive play structure, separate tot area, water spray ground), repair of the deck, mechanical system and replacement of the pool finish as well as bathhouse and site improvements. These renovations will address the functional obsolescence of the facility and are estimated to cost $1,908,911. Honorable Mayor and Members of City Council November 16, 2009 Pag e 2 Additional public comment was solicited in a public meeting held on September 24, 2009. As a result of the citizen input received, the staff recommends that City Council authorize the City Manager to execute the necessary actions to solicit architectural and engineering design services for the implementation of Option 2. Recommended Action: Adopt the accompanying budget ordinance to appropriate funding from the issuance of general obligation bonds, in advance of issuance, in the amount of $1,910,000 to an account to be established in the Capital Projects Fund by the Director of Finance. Darlene L. Bu~ ham City Manager DLB:acm c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget Steven C. Buschor, Director of Parks and Recreation CM09-00203 ( .(, c ( Submitted by Evelyn Bethel C.l. Washington Park Park Improvements Committee Booker T. Washington Monument Committee ( Purpose for Each Committee Park Improvements Committee The Parks Improvement Committee's purpose is to develop an overall long term physical plan for Washington Park, representing the community's vision for Washington Park. This plan should take into consideration the wants and needs of the community and the city, current City plans, and financial reality. Once the committee has created its ., vision for the park, the committee should prioriti~e the projects which are necessary to carry out the plan.. . Booker T. Washington Monument The purpose of the Booker T. Washington Monument .Committee is to develop a tangible tribute to Booker T. Washington to be placed in Washington Park. The committee should take into consideration the importance of history, the communities tastes, the other facilities currently in the park and those being planned for the park, ( and fiscal reality. The committee is encouraged to be creative in its thinking. MAR-11-20I6d \ 1:'; db R1.iHNUru::. .... ~ I I nnnnUL-' , ./0 Office of the CIty Manager /'".. .i \. March 11, 2002 Ms. Evelyn Bethel, Chair Washington Park Committee 35 Patton Ave., NE Roanoke, VA 24016 Ms. Freddie Monk, Chair. . Booker T...Washington Memorial Committee 3343 .PittSfield Circle, NW Roanoke, VA 24017 ( "'--~. DearMS.B~elandMs.Mon~ Thank yourorycur fetter regarding the wom of th~ 8.o@k~r T. 'lJVraslharJgrorJ P~r~ Ccmrnrtloo. i appradat~ the 'nme and .anon Cm''flmittae members j,ni~~d ~n thj~ projact, End, whjJ:a the Ccmmittre d(OO~d~d net to Slcc~pt IDS First T as Junior Gc~f Prcgram slid if:.a sire.sm :Csn), rasto~on proj'Sr;t; 1 bsne-;s tlls'Y were ap~Tc:priare cOl"ls;d~rs1ior;s fer the Ccmmitts's. } agree to ccn'J:ene a ccmmunitj m-esting for ths pUlpCS~ cf sharmg the Ccmrr:ite:s:~ pttgr~a; however, sincstha Pa~-{ is locstal en top OT.B landfiU, it r.s impcTtant~o ns'ls a.n anginssnng :Sh;dy CtJmp~stad prior tn that mssnng to catarminz= ihe actual iayout or tJ16 . amenities thahliSre ~mme:nde:j by the Commitiss. Pai"Xs and Racraaticn '.1/dS without a :Parks PIannerfor saveral monms; and. at "the same uma, a mulmud~ of capital projects illlero underJwy. Themfore, we ~ave not been abile to m~ fDnvam as fEp~dly as. we wou!d have liked on this Master Plan. . Parks and Rscreaticn is cuurently rerewing proposaJ$ n from finns to assistwith an engineermg study for several of its capital projects, including \J) Booker T. Washington Park. We are confident that we will be.able to move forward with this study in the near future. Parks and Recreation wiD keep you informed as we proCeed With the engineering study. After review of this study, we will conviene a meeting to share information .and discuss next steps. . With respect to the ~emo~al, a letter has been written to leSD to clarify their wishes with regard to the $10,000. I understand that lese does not wish to sign an Agreementfor use of the funds. I also understand that they were net comfortable with overseeing~'a contract to design the memorial. I agree with your recommendation that the city should handle the procurement of an ME finn to design the memorial; however, I.am hopeful that ICSO will continue its' support of this proj~ct and allow the City to utiflze the $10,000 for this purpose. '--... Room 364 MuniCpal South 215 ChlJrch A\lenue.S.1N. Rccnolc9. VkglniQ 24011-1591 (54C) 853-:2333 f"A.X (5<40) 853~113a CityWeb~.c1.roanoka.vc.US .'.._.'0...... CO., ...~;.....,. ...2-,.,,,...., 15'27 .q....._....Vl<Jo:J<:. ' f~\';,[~t, . ;:~~;/ RCANCKl=. L.11 T '"lH'IHlot::..K .~o~~~~-- . .~~,~~ ,." ./ 1\ '. Ms. Evelyn Bethel and Ms. Freddie Monk March 11, 2002 Page 2 While there have been a few unforeseen delays in the Master Planning process, I would like to point out that much work has taken place in Booker T. Washington Park over the past two years. Improvements include: Replatement of the culvert coverlfencing behind the culvert ($775) Resurfacing of all tennis courts ($13,000) Resurfacing of all basketball courts ($3,600) Three new signs to reflect new name ($5.1 00) A new playground - upper park ($40,515) New playgrQund in lower park (2 - 3 ye~rs ago) Water slide for pool ($1.080) , New chairs, umbrellas and other items for the pool ($4,770) In addition, design work Is. ~rrently underway for a new comfort station in the lewer pa~ @ Lighting improvements are scheduled for the pool parking lot which should be completed . this summer. By the fall of 2002, a paved section of1he Uck Run Greenway is schedUledQ to come through 'the park. connecting Yaney Vuew to Hotel Roancks. V\!hila'ljlje are an'<.! 5roaoUS to proceed ;,'lrith ths Committee's recommendations, J ho~mat the oomrntlnTtj is pmlUd rifm:sss ac...""OrnpH~hm3nts, ( Than;, you fur YCUT corrnnusd support and Gommitri:ent to mEl{~ Rca;ncka the bast it CSrJ be, Ths Ccmmm$S's hard -j,iOr., .has lEid t'ia fcundaticn so that ~1i8 C3jJ CGntf)l~E tz: imprc"Js Bcd{sr T. 1.iVsshlr:gtcn P:c;r.-<. DLBiWRJdf c: Rolanda Johnson. Assistant City Manager Wanda ~ Acting Directnr,Earksand Recreation TOTAL P. 02 ......:......~,' ....,:._. ~ '"'..,' ~k.....:..~.~;..;:~. .,. :.':-_.~.~_"j'':::.:::....;::.~':..i.:.: ~.'~ . ..~.~.,;,;.:~~;,.-;.~: ;'''''':=~~~.::..:.<:. _7,::,:;,;:";,"-':ii..!,~~~.'d".?:c,:,.;:"~r':';"""=\:,.,,;,,,,,.'''':~':':'''''~:::':',~,;~"",,,_.':".":'-""""'''';'';'';''''''''''':'-'''...':';'';,.~-:.::.!. .:..:'~"';';'::-.~.!.~'n:,;;,:"~rA;:-";:;":!~."_::; ---- ';."" ;. 1 . \ /! :~'.\ ( , I: ,I) ;! .:" } \ c. \.....: i ::v" !;'-' ~ ~ .( Office of the Ci1y Manager March 1, 2002 ICSD Melvia Neely p..a. Box 10781 Roanoke, VA 24022 Dear Ms. Neely: In response to letters from ICSD and the Washington Park C~mmittee, we agree with the proposal from the Washington Park Committee thafthe city should initiative the process. for identifying ~n architect to design a suitable memorial for Booker .T. Washington. In order for the community to have input into this process, we would like to have a representative from ICSD and a representative from the Washington Park Committee participate in developing a Request for Proposal (RFP). These same individuals could also serve on the review committee to help select the architect for this project. / ( ',-. VVe spprsciat~ ICSD's continued intsisst in VVasl1ingtcn Par~<; Slid, if ICSD agre's5, the Cit'J will utili:zs ths $10,000 dssignatsd fOT your organization for this P14rpCS2. i apologize th2~ tn,s City AtloITisy's Omcs- did not attend your meeting to ans'..ver qwasticns sccuttiis Agreement; howsver, if you are still interested in a meeting, I wiil ensure par:;c:paticn t:f t;~ = Ci?J Attorney's Omos. I hope to hsar fjQm you seon regarding this proposal; and, in the meantime, foilowing an engineering study, we plan to schedule a community meeting to alJo'.1'lthe v\fashington P2r;\ Committse to.share it~PJ\i'ork with the community. We appreciate your interest in Washington Park and look forward to wor.(ing \i\lith you on ~~p~e~ . ~since~IY' . . ! ~I , arlene 'L. 8~ham City Manager :~ o LBJWB RIds / '-- r-\___~LA :LJ1.._:_:__I~_...... ."t:'-~,...,...~.6."Ol"\llo. ~\Al Dt"\rtnrJlt~.Virninin ?ilOl1..1591 (540)S5~-23'::'2. .::~~(:.:'::;:' :.:~.' '" . . /' ( Minutes . Booker T. Washington Memorial Committee March 12, 2001 Attending: Evelyn Bethel, Theodore Brown, Helen Davis, Donald Dickerson, Robert Gravely, Dinah Ferrance, Ralph Johnson, Freddie Monk, Linda Poindexter, Wanda Reed, M.B. Roberts, and Wayne Wilcox Ralph johnson called the meeting to order at 5:55. As the guest speakers had not yet arrived, and as Wanda Reed had to leave early, he-asked Ms. Reed to speak on an issue she needed to bring to the group. . (/ Request for Committee Recommendation Ms. Reed reiterated recent happenings with respectto the Diocese's proposal to offer the City $300,000. She stated the Diocese has been trying to give the money to the City for two years, and that the money would go to others if the City did not accept it soon. Ms. Reed had spoken to City Manager, who had indicated that she was willing to at least match the $300,000 if the offer is accepted. That would mean $600,000 would be available to put towards the improvements the committee has indicated they would like to see. (The $600,000 would not include the money already identified from the 1997 bond that has been earmarked for specific projects. It also would not include the pool upgrade which is part of Phase II of the Parks and Recreation master plan. The money for the pool upgrade will be requested at a separate time.) Ms. Reed went on to say that ~ the City Manager would like a recommendation from the committee on whether or not to (F'- accept the money. . After discussion, the committee decided that it should be the City Manager's responsibility to decide whether or not to accept the money. While the committee felt the decision should be taken to the community, they recognized the time constraints placed on the City by the Bishop. Further, they did not want to make the decision for the following reasons: . it would expand the committee's responsibility beyond its original scope · the committee had done what the City Manager had asked it to do, and . it was not fair to ask eight people to make a decision for the entire community. Information on Memorials Due to questions as to whether the battery in the computer would last, Ralph Johnson asked Dinah Ferrance to go ahead on show pictures from a CD she had brought. The pictures showed a memorial to Jimmy Hendrix that did .not consist of the traditional statue or bust. The memorial was aplanted/landscaped area with large boulders, and . had been incorporated into an overlook at a Seattle zoo. Although it could not be seen on the pictures, a plaque had been placed on one of the boulders memorializing the ( -rock star. ( ~ v rA.~' \ . .j '0 :.(- f= ,)l. c- The group then took time to look at the minutes from the last meeting. They were approved as presented. Park Name Change Ralph Johnson then talked about how he had been trying to research which Washington the park had been named for: George, Booker T., or some other. He had not been successful since there did not seem to be any historic records giving that information. To prevent future confusion, he proposed that the committee present to the City a resolution asking that the name of Washington Park be changed to Booker T. Washington Park. A motion was made, seconded, and passed, recommending the Committee submit such a resolution. Noting the low attendance at the evening's meeting, a committee member asked if a notice had been sent out regarding the meeting. Dinah Ferrance indicated that notices had been sent to anyone who had signed up for the Booker T. Washington committee and who had not been at the Feb. 26th meeting. Dinah.Ferrance agreed to do minutes for the committee as long as she could, but told the committee she wasn't sure how long that would be. She indicated she was going to have to take medical leave in the near future. c Committee Trip The committee then made plans to take a trip to the Booker T. Washington National · Monument on March 24th. Freddie Monk will make arrangements for a ranger to give the group a tour, and Dinah Ferrance will check into getting a Parks and Recreation van for the trip. Dinah Ferrance was asked to notify absent committee members who usually attend meetings concerning the trip. - More Information on Memorials Wayne Wilcox passed around some fliers he had picked up during a recent trip to Washington D.C. He also shared his observations that the monuments seemed to share three elements: . They represented the humanity of the person memorialized, often in the form of a statue of the person. . They present what the person did that was worth memorializing. An example would be including the Gettysburg Address in the case of Abraham Lincoln. . They present the grandness of the person or event through visuals. For example, Lincoln and Jefferson are presented within large Greek-like neoclassical structures. The Viet Nam Veterans' Memorial presents the emotion evoked by the war by suggesting a large gash in the ground, reflecting the corresponding gash the war had caused in American society. (, ",$ . '}..r ( .. c_ ~. \ ..... I . . ::., -. -. Committee Memorial Ideas The committee then spent some time collecting possible ideas for the Booker T. Washington Monument. These included: . Memorialize Booker T. Washington's importance in education . Use the amphitheater as a memorial . Talk to schools and teachers about the idea of having a contest to design a memorial or have it as an assignment . Ms. McCadden had presented her idea to Ralph Johnson. She thought about a statue or plaque representing an open book. On one page could be something about Booker T. Washington; on the other side could be a memorial to the caretaker's house. . A plague or bust nearthe caretakers house . Could revamp current upper shelter and build a memorial into it . Needs to be in easily seen place. Presentation on the Amphitheater's Potential At this point, Mr. Lary Vandeverten (Mr. V.), theater instructor from William Fleming High School arrived, and the committee listened to his ideas concerning the potential for an amphitheater at the park. Mr. V. has been active in helping design or renovate various theaters in the area. He was quite enthused about the site identified for an amphitheater by the committee. It forms a natural bowl, which, is ideal, and could easily seat 750. A stage could be placed where the current parking lot it. Previous outdoor stages he had designed were eight feet off the ground. This design has the advantage in that the area below the stage can be enclosed as a room. In the case of Washington Park, such a below-stage area could have removable walls so that it could also serve as a ground level stage facing in the other direction from the hillside. Mr. V. also spoke about the importance of providing permanent lighting for the stage. It is difficult and . time consuming to mount and dismount lighting every time one wants to use it. Committee members asked questions about lack of parking, noise in the residential area, and vandalism. Mr V. felt that with study, these challenges could be reduced. He felt that if the City wanted it, an amphitheater on the site could become a prominent theater that would put us "on the map." Discussion turned to current efforts with Victory Stadium. Mr. V. did not feel a stadium would make a good theater venue. After Mr. V. left, the caretaker's house was briefly mentioned. Dinah Ferrance indicated she would obtain a copy of the lease that Old Southwest, Inc. has with the City for use of the Alexander Gish House. She felt this might be a good model to consider with regard to the caretaker's house. The next committee meeting was set for April 2nd at 5:30, Room 120, Addison Middle School. The meeting was adjourned at 7:30. .'~IiL0J -S~v.m4) j)~'hc.A 4- .vvt(;~ ...., .. '- 7 .... ; ". .R i'" i I" !'.'. ,~ . ,'~ \ " . C""~' .....i . J Minutes Washington Park Improvements Committee February 26, 2001 ( Attending: Liz Belcher, Evelyn Bethel, Darlene Burcham, Reverend Theodore Brown, Helen Davis, Donald Dickerson, Dinah Ferrance, Debra Flint, Victor Gravely, Robert Gravely, Ralph Johnson, Freddie Monk, Wanda Reed, A.B. Roberts, M.B. Roberts, and Wayne Wilcox. (,. Ms. Bethel called the meeting to order at 5:37 . Reverend Roberts offered inspirational words. Ms. Bethel then indicated that the evening's meeting would seek to accomplish two things: 1.) presentation of the plan of improvements the committee had worked on to City Manager Darlene Burcham, and 2.) election of a committee chair for the next phase of work involving the creation of a Booker T. Washington Monument. Then she briefly reviewed the steps that had brought the committee to its current status, mentioning how the two committees (Park Improvements Committee and Booker T. Washington Memorial Committee) had been joined early in the process, and committee members had made the decision to deal with just the park improvements first. Thus, the plan of improvements being presented represents does not included recommendations on a Booker T. Washington memorial. Ms. Bethel then introduced Wayne Wilcox who presented his rendering of the committee's plan. \ . .1 i ( Presentation of the plan Wayne Wilcox's presentation materials consisted of two maps and a handout. The first map showed existing park conditions and those projects already in progress. The second presented the planned improvements as developed by the committee. The handout listed the improvements in priority order along with estimated costs (see. Attachment 1). After finishing his presentation of the improvements, Mr. Wilcox indicated that parking improvements had not been on the list handed out. He noted additional parking will be needed for the pool when it is renovated, and it should be evaluated at that time and included if necessary. He also indicated that he had heard rumors that Addison Middle School was considering building a parking lot on City property adjacentto the park. On checking out the rumor, he found that school officials had decided the demand for additional parking was a result of after-school activities, and so they did not feel the need to'fund it. Comments and Discussion A committee member suggested that the City could level off land along Orange Avenue to provide additional parking. He felt too much in-park parking would spoil the park. Additional parking on Orange Ave. would also benefit the YMCA. Additional comments in the discussion that followed ,included: One person indicated the plan did not leave enough natural area A member thought the greenway location should go to the north along the, road instead of cutting through the park . 1 t\ r\ \.- , . . f. 00 '"I l,. ( .J After further committee discussion, Liz Belcher indicated she was fine with the way the committee had placed the greenway in their plan. The committee told Ms. Burcham that the group had been split on the issue whether there should be an amphitheater The group agreed that the specified number of "seats" for the amphitheater had been 200-250 Darlene Burcham indicated that if the amphitheater was indeed built, she felt the idea of keeping the seats natural - i.e. as cuts in the bank - was the best way to do it. One person felt there should be a study considering the noise that an amphitheater would create. Concerns about parking were expressed by several members At this point, Ms. Bethel passed ouea letter to Darlene Burcham from the Chair and Vice Chair of the Committee (see Attachment 2). . to The conversation shifted to the history ofthe park. Mr. Johnson had been doing research as to whether the Park was named after George Washington, Booker T. Washington, or some other Washington. He hopes to have some.answers soon. Freddie Monk indicated that her group, the Inner City Coalitionfor Selective Development, intends to do some serious research on the park's history. \. c. Ms. Burcham's Comments Ms. Burcham was asked if she had any comments to make. She indicated that the committee had done a good job of wrestling to the ground all of the competing interests, . and that members should be proud of the job they had done. Further, she felt the plan was a good blend of facilities. She did have two areas of concern with the plan. The first had to do with the a'mphitheater concept. She cited the City's current struggle with the stadium/amphitheater concept it is working on. The second had to do with parking issues. She indicated that staff needed to make studies of what the parking needs would be for each of the suggested improvements, and make sure that adequate parking is provided. Ms. Burcham went on to say that she was a person who believed that things can happen if you believe that way. She believes that the Diocese offer of a $300,000 gift is an unattached gift and that the Catholic School would be treated as any other school when it came to scheduling field use. She would like to think that the $300,000 could be used to go toward the improvements the committee has recommended. She went on to explain that when she had heard the committee wanted another letter from the Bishop, . she had written to him. She had received a reply just a few days before. Ms. Burcham read the Bishop's letter to the committee, and then portions of the letter she had written to the Bishop. The Bishop has asked that the City make a decision on whether it will accept the $300,000 within 30 days. When no comments ensued from Ms. Burcham's remarks, the discussion moved to other topics. Continued Comments One committee member indicated that she still would like to have historical markers throughout the park. Another member felt that the place to do historical markers was 2 .\.\ J.. ., _I.\- ( t c.- ( i:, ,,) , , near the keeper's house, not spread around the park. That individual did not care for markers- she felt they were too much like gravestones. The matter of park security came up. It was pointed out that the committee's plan has additional lighting as part of it. Comments were made about the challenge of the Eureka Recreation Center. Ms. Burcham indicated the city and the people need to work together to take back Eureka Park. The police can't do it alone. It was pointed out that legitimate activity an'd traffic help in security situations. Entertainment and competitions would help bring such activity. One member asked about the possibility of using inmate labor to cut construction costs on some of the projects. Ms. Burcham indicated the city does use such labor, but it is limited to areas where the inmates are likely to have appropriate skills, such as painting. A committee member indicat~d that she felt the schools and city should work together on the parking issue. Questions were asked about the football field at Addison and why it wasn't used. It was pointed out that it is not a regulation size. A committee member asked Darlene Burcham about what would happen with the 30 days the City has to accept the Diocese offer and whether there would be additional chance for public comment. Ms. Burcham indicated the decision on acceptance of the money would be Il}ade by the City Council so, yes, there would be additional opportunity for public comment as part of that process. She also indicated that what the committee has to say will be taken into account as the issue goes to council. Ms. Burcham indicated she would get the available materials on environmental testing from Carey Lester. . At this point, Ms. Burcham had to leave to attend another meeting. Nomination of Booker T. Washington Monument Committee Chair and Vice Chair. Since the committee's work will now shift to considering a Booker T. Washington Memorial and the future of the Evans House, norninations were taken, and an election held, for Chair and Vice Chair of the Booker T. Washington Committee. Ralph Johnson was elected Chair, and Freddie Monk, Vice Chair of the committee. Ralph Johnson appealed to members of the committee to spend some time before the next meeting becoming familiar with Booker T. Washington's history. The next meeting will be on March 12, 2001 at 5:30, Room 120, Addison Middle School. Dinah Ferrance will send out a notice of this to all people who originally signed up for the Booker T. Washington Memorial committee. ' The meeting was adjourned at 7:00. Respectfully submitted, ~~ :4~ 3 '+ \.1- "'f.'!? ";..,. I.- ~. I '-_." ...~, l.. I (r) February 26, 200 I , To: Darlene L. Burcham, City Manager Roanoke From: Washington Park Improvements and Memorial Committees Evelyn Davis Bethel, Chair &dL.;s . Fredericka Monk, Co-Chair ( This Committee, a dedicated and consistent group of volunteers, resulting from various community meetings held in 2000 by City officials, has diligently spent many hours studying the results of meetings held with adults and children. Our task was to consider those items most frequently mentioned by both groups and devise a plan for improvements to the park; a creative memorial to Booker T:. Washington and a memorial or way in which the history of the park could be honored, documented and " remembered. It was quickly realized that while there are two committees it would be more efficient to have both committees work together on the improvements first---then devote our full, undivided and uninterrupted time and effort to the historical aspects ofthe park. This Committee has worked exceptionally hard to arrive at the conceptual plaris revealed tonight regarding improvements desired for Washington Park. Ms. Dinah Ferrance and Ms. Wanda Reed were helpful as the Committee evaluated, evaluated and re-evaluated the many 'wishes' for the Park. We were able to conclude the 'improvements' part of our charge despite the many handicaps we faced such as: (1) no written letter from Bishop Sull~van actually explaining hislSt. Andrew's Catholic Church's role; (2) . t. the lack of written documentation regarding the 'dump' and what environmental hazards there might or might not be (especially since there is no affirmation of just where and how far the 'dump' extends); (3) ". no use ofan independent architect/landscape consultant was permitted; (4) no coordination with either the.. greenway or stream bank representatives was made. However, the Committee now believes that since the improvement concppt hlls heen comoleted this is the proper time to have an independent consultant available to us so we can properly prepare the memorials and items ofimprovement into one beautiful, world class arrangement. To ask for a consultant is in no way disrespectful to the services provided by staff personnel-Wayne Wilcox. Mr. Wilcox, did a very good job of d_iagramming/laying out all of th~.desired items for the park. We now would ask that an independent consultant with experience in the interpretation of black history and the preparation of memorials relating to black historical figures be commissioned to assist in ,."" connecting the improvements throughout the park. S/he should present, within two months, to our ..~' Committee (1) one or more unique plans interweaving throughout the Park the significant role it has. ''''! played in the liveS of black people throughout the valley (and indeed surrounding cites-Bedford, Lynchburg, Salem, etc.) and (2) plans for the creative memorial to Booker T. Washington. An integration . of parking in or nearby the park is a must. , This Committee, with the aid of an independent qualified consultant (as indicated above), is willing to make Booker T. Washington Park, which is visible from 1-581, a world class park second tol none. We believe this park should be safe and user friendly including throughout indications of the important roles of the past while containing features of the present and future. It will be the comer stone , ofall parks in the ValIey-a place where families will be proud to visit and enjoy. Booker T. Washington Park would be the best landmark as an entrance into both Roanoke's oldest neighborhood and the downtown area ofthe City. .. . .. ( ( February 26, 200 I To: Darlene L. Burcham, City Manager Roanoke From: Washington Park Improvements and Memorial Committees Evelyn Davis Bethel, Chair &&-I:f. Fredericka Monk, Co-Chair .. c This Committee, a dedicated and consistent group of volunteers, resulting from various << community meetings held in 2000 by City officials, has diligently spent many hours studying the results of '.. meetings held with adults and children. Our task was to consider those items most frequently mentioned by both groups and devise a plan for improvements to the park; a creative memorial to Booker T. Washington and a memorial or way in which the history of the park could be honored, documented and remembered. It was quickly realized that while there are two committees it would be more efficient to have both committees work together on the improvements first---then devote our full, undivided and uninterrupted time and effort to the historical aspects of the park. This Committee has worked exceptionally hard to arrive at the conceptual plans revealed tonight regarding improvements desired for Washington Park. Ms. Dinah Ferrance and Ms. Wanda Reed were helpful as the Committee evaluated, evaluated and re-evaluated the many 'wishes' for the Park. We were.. able to conclude the 'improvements' part of our charge despite the many handicaps we faced such as: (1) no written letter from Bishop Sullivan actually explaining his/St. Andrew's Catholic Church's role; (2) the lack of written documentation regarding the 'dump' and what environmental hazards there might or might not be (especially since there is no affirmation of just where and how far the 'dump' extends); (3) no use of an independent architeCt/landscape consultant was permitted; (4) no coordination with either thCil greenway or stream bank representatives was made. However, )he Committee now believes that since the improvement concept has been comple~ this is the proper time to have an independent consultant available to us so we can properly prepare the memorials and items of improvement into one beautiful, world class arrangement. To ask for a consultant is in no way disrespectful to the services provided by staff personnel-Wayne Wilcox. Mr. Wilcox, did a very good job of diagramming/laying out all of the desired items for the park. We now would ask that an independent consultant with experience in the interpretation of black history and the preparation of memorials relating to black historical figures be commissioned to assist in connecting the improvements throughout the park. S/he should present, within two months, to our Committee (I) one or more unique plans interweaving throughout the Park the significant role it has played in .the lives of black peqple throughout the valley (and indeed surrounding cites-Bedfor~ t Lynchburg, Salem, etc.) and (2) plans for the creative memorial to Booker T. Washington. An integration of parking in or nearby the park is a must. This Committee, with the aid of an independent qualified consultant (as indicated above), is'. willing to make Booker T. Washington Park, which is visible from 1-581, a world class park second to none. We believe this park should be safe and user friendly including throughout indications of the important roles of the past while containing features of the present and future. It will be the comer stone of all parks in the Valley-a place where families will be proud to visit and enjoy. Booker T. Washington Park would be the best landmark as an entrance into both Roanoke's oldest neighborhood and the downtown area of the City. ( t ". '. .,. '.. , ~.. .", # , -'. .. 1! .... ." Q3-'v \'1, ~ .~,.'/ .- ... ( Wanda Reed 01/23/2001 03:37 PM To: Darlene Burcham/Employees/City_oCRoanoke@CitLoCRoanoke, George C Snead/Employees/CitLoCRoanoke@CitLoCRoanoke cc: (bcc: Wayne WilcoxlEmployees/City_oCRoanoke) Subject: Washington Park ., 1) I am happy to report that things are moving along nicely with Washington Park. The committee is almost ready to present recommendations on amenities to the park. At last night's meeting, Wayne presented several options based on committee recommendations. He is now in the process of developing a final plan, to scale, outlining these amenities. Two additional meetings have been scheduled (February 5 and February 12) to seek final agreement on the proposed amenities and discuss recommendations for the memorial. The committee has requested that you attend a meeting on February 26 at 5:30 p.m. at Addison so that they can present their ideas to you. I have placed this meeting on your calendar. Depending upon your review and response, the committee would then like to schedule a meeting for community review. .,i. \. By the way, Wayne did such a great job with his presentation that he received a standing ovation from the committee. 2) Response Needed: In October 1996, the Inner-City Coalition for Selective Development won $10,000 in a city sponsored public relations contest. Citizens voted for a park to receive improvements. Washington Park won. The coordinator of the neighborhood effort was ICSD. These funds were designated by ICSD for repairs to the Evans House; however, it became evident that costs v.ould far exceed funds available. Funds ended up in the P&R budget which were spent on other projects. I am told that John thought he would replace the funds once the 1997 bond funds were released. The Washington Park committee and ICSD now want to make sure these funds are available. . In reviewing this project, I find that $754 was spent on items directly related to this project; therefore, $9,246 still remains to be spent. ( Given the political atmosphere (mistrust) surrounding Washington Park, I suggest that ICSD be given $9,246 with the stipulation that it must be used for improvement to the park. Our of the bond funds, $100,000 has been allocated for community grant projects. I suggest the $9246 come from these funds or from the city's CMERP contingency fund. This would prevent the inadvertent misplacing of these funds in the future. Freddie Monk indicated that she would like to discuss this proposal with ICSD members before a decision is made. They next meet on Feb. 8th. If you agree, we will prepare the Council Report. What do you think? (. l . jJ~ c;.?0' , apf~ ~ .VV\ Presentation of Committee Master Plan to Darlene Burcham (" ( Introduction Cmte 4as met NUMBER times since DATE DINAH~S SUMMARY OF DISCUSSIONS Staff has attended each meeting but tried with reasonable success not to inject our values or opinions We have provided technical assistance, such as professional opinions on what is physically possible/feasible ,. I, ,~ Priority list Established with little regard for cost: this reflects the importance a~signed to each item There is not much detail to each item, although some discussions covered certain details First group - $500K Restroom/concession building Improved basketball Plaza area with trees Second group. $1 M ( Upgrade swimming pool Became apparent at the last meeting that there was significant confusion over what the upgrade will be Third group - $200K Shelters, tables & grills Football field H.A. ramp to existing field Fourth group Amphitheater Significant disagreement at last meeting Some thought of naming it the Booker T. Washington Amphitheater Concerns about noise and parking r- / (, .i.l .,. . c ar:t. ( " c ~" ~, -r.! l.. Exercise trail Horseshoe pits Repair existing steps Not prioritized Tennis upgrade Evans House Memorial layout Quick orientation to site map Master Plan and other current projects First group Second group Third group Fourth group Non-prioritized group '\ ( \ ~ ,p~ I. f'2- ( / \. Washinaton Park C ~ \(.Q.S-.. Prioritized list - general cost estimates ..J .. . ~ .,~,. - ession stand with electricity & water 2 Basketball ~11'l:I' "Ld 0........ ..reEj. 4- <:OV<l\ Paving and goals Roof over 2 courts Lighting Tennis - upgrade upper courts 'Resurfacing Re-Iighting 3 Plaza a~ea with trees LV-. ~~~ \~) Paving Seating Trees and landscaping 4 Upgrade pool as Family Aquatic Center {U<^--- f-.r\r 5 Shelters (with tables & grills) 16x34 picnic shelter 24x44 picnic shelter "Sun shelters" 8x8 roof over table Other picnic/park furniture Tables on pads Benches Grills 6 ~~dard football/soccer field, not lit Grading New turf Bleachers on pads Existing field Turf repair on existing field Bleachers on pads 7 Ramp at Lincoln Terrace Elementary School 8 Amphitheater 1 Stl ~. 9 Exercise trail Fitness stations Historical markers 10 Horseshoe pits - 4 11 Steps v $80,OOQ $155,000 $40,000 $16,000 $30,000 $75,000 $491,000 $50,000 $10,000 $15,000 "2,...- $1,000,000 $1,491,000 $57,500 $1,548,500 $7,500 already funded $35,000 3 $22,500 $13,400 $1,561,900 $1,500 $500 $300 5 $7,500 10 $5,000 3 $900 $75,000 $1,636,900 $50,000 $15,000 $10,000 $27,500 $1,664,400 $7,500 $20,000 $10,000 $10,000 $1,945,400 $1 ;948,400 Non-prioritized items Restoration of Evans House Booker T. Washington Memorial must select preservation approach design not complete 02124/01 , Cmte-priorities.xls Roanoke Parks & Recreation Page 10t 1 . " .( ( c WashinQton Park PlanninQ Committee Prioritized List January 22, 2001 Some projects are already planned ~md/or in progress. These include: . replacing the existing restroom/picnic shelter in the lower park with separate comfort station and picnic shelter; . handicap accessibility throughout the entire park; . improved playground equipment in the upper park; . Lick Run Greenway; and . streambank restoration along Lick Run in the lower park. Other items on the previous list should be seen as parts of other projects, such as parking, lighting, and landscaping. .' . Following is my best understanding of the priorities established on. January 8 by the Committee: 1. First priority projects a. Football/soccer field for standard games, not lit b. Basketball - upgraded & covered (2 in & 2 out) c. Tennis - upgrade upper courts d. Concession stand with electricity & water e. Bleachers f. Horseshoe pits g. Exercise trail with historical markers 2. Second priority projects a. Shelters b. Tables c. Benches d. Grills e. Lights &.electricity f. Water 3. Third priority projects a. Upgrade swimming pool to aquatic center b. Amphitheater c. Restoration of Evans House 4. Projects not prioritized a. Booker T. Washington Memorial b. Clean overgrowth c. Plant willow trees 02105/01, c:lparks & sileslpk-washinglonlcmle-priorilies2.doc Page 1 of 2 D)~ "6 ( c_ I ( Cost Estimates Football/soccer field for standard games, not lit Basketball - upgraded & covered (2 in & 2 out) Paving and goals Cover Lighting Tennis - upgrade upper courts Resurfacing Lighting Plaza area with trees Concession stand with electricity & water Bleachers 15' long with 3 rows Concrete pads Ramp at Lincoln Terrace Horseshoe pits - 4 ~ Exercise trail with historical markers - 1 ,400' Shelters 16x34 picnic shelter 24x40 picnic shelter 3-5 "Sun shelters" 8x8 roof over picnic table Tables Benches Grills Lights & electricity Water Upgrade swimming pool to aquatic center Amphitheater Restoration of Evans House , Booker T. Washington Memorial . Clean overgrowth Plant willow trees $ 50,000 $80,000 $ 100,000 $ 50,000 $ 16,000 $ 50,000 $ 70,000 $ 95,000 $ 1,000 each $ 4,000 each $ 6,000 $ 5,000 $ 14,000 $ 12,000 . $ 20,000 $ 5,000 each $ 1,000 each $ 1 ,200 each $ 200 each included in buildings. included in buildings $ 1,000,000 $ 250,000 $ 200,000 design not complete 02105/01, c:\pai\(s & sites\pk-washington\cmte-priorities2.doc Page 2 of 2 , ( c_ ( '..,:' " Washington Park Improvements and Monument Committee Minutes for January 8, .2001 page 1 . - Meeting was called to order by facilitator Ms Evelyn Bethel 6:40 P.M.. Inspirational words "Even the wood peeker oWes his success to '. the fact that he uses his head and keeps pecking away until he finishes the job.he starts." Coleman Cox this offered by Ms. Helen Davis. Minutes read over by the body from the December 11, 2000 minutes. Corrections to the December 11 th minutes from city official Dinah Ferrance - reference to page 4 on the" allocated money to move the Care Takers House to Explorer Park, Ms Ferrance stated that no money had been approved for the moving of said house only a generalized. plan for the preservation of the Care Taker House. Also, a correction to line 11 of page 3 concerning explanation by Mr Carey Lester of the spring capping. Ms 'Ferrance stated that he was not saying that sewage had caused the cracking of a pipe wall, but that from the heavy rains, excessive water in storm drains caused backup which resulted in the crack. With corrections noted the minutes from the December 11th meeting were moved and accepted. Ms Davis suggested all should read the report from Ricky Williams and Terry Kemp on the condition of the Care taker House to help understand the stability of its structor. Ms Bethel again ask that a co-facilitator be appointed to replace Ms Anderson. The floor was opened for nominations, Ms Davis nominated Ms Brenda Hale. It was seconded by Ms Freddie Monk. The body agreed and Ms Hale will now serve as co-facilitator of the committee. Ms Bethel said she would contact Ms Anderson and advise her of the action. Ms Bethel ask if a timeline could be set for the completion of the committe's recommendations for City Council A time line was set by the committee for Febuary 26th and a community meeting to be setup by Ms Ferrance afterwards to present the committee's Park Improvements List to the community Upon satisfaction of the community, these suggested improvements would be taken to City Council by Darlene Burcham, City Manager. ' In answer to question by Ms Bethel on a consultant for th~ committee, . Wanda Reed stated thatMs Burcham did not feel. it was necessary to hire a consultant at this time. Ms Reed stated that Ms Burcham felt that as of now the City Staff should be able to handle qU,estions the committee may have to help in the planning stage and unless dty staff could not, there would be 1~t ( 1,1' '\. .. ,( \ page 2 no need for an outside consultant firm to be hire.d for the recommendations by the committee. This was 9tated in a letterfrom Ms. Burcham in the November 20th meeting per Ms Reed. A request from Ms Bethel to have copies of this letter for the committee's record. Ms Ferrance sited the letter dated November 20th from Ms Burcham referring to the Virginia Tech and of other recommendations, that no further consultants are needed as long as City staff can accommodate the suggestions. Ms Bethel questioned if the committee would be a part of choosing the firm if such a hiring occurred? Ms Reed stated that upon the hiring of a consultant firm, someone from the committee would be involved in the bid selection. Ms Bethel suggestion due to hope that consultants be knowledgable of Black History. ( Ms Bethel questioned, per comments from the community, if the committee was responsible for a comprehensive plan for Washington Park, a general overall master plan. Dinah Ferramce. commented that the committee was doing the work that is to be part of the master plan. The preliminary work done by the committee for Washington Park. But, improvements are to be done in all the larger parks in the city, as the original recommendations. Ms Bethel and Ms Davis stated that something in writting to bind the city and the comittee in this respect would be good, as to the master plan and the committee's request for Was)1ington Park improvements. Ms Reed stated that the committee's work would be a mini-master plan. As per, a letter from the October 24,2000 meeting, the City will try to do as much of the wishes of the committee's plan for Washington Park and if something can not be used in the City planning the City will let the committee know this in advance. Ms Ferrance ask if the committee would like a rereading of this commitment from the City? The committee declined the rereading. Ms Reed stated that the Washington Park committee is the only committee disignated to work on Washington Park improvements. This to answer hear-say comments in the community of another committee within city planning. Ms Reed referred to the two original committee's from the community r forum- question if they were still two committee's(one for the park improvements and one for the monument to Booker T Washington.) Ms Bethel confirred that the two basically are one committee. Ms Bethel brought attention to the priority of the meeting for January 8th. Which is to prioritize the wish list from the December 11th meeting. Ms Hale stated that we needed to go forth because so much redundance has prevented forwardness of the committee's goals. . Top consideration is the time line for work to be submitted to community for acceptance and then to be submitted to City Council. (, '2 /"~ ./ il\, page 3 Ms Davis ask if the report on the monument was to be included in the dead line report. Ms Bethel stated that we wanted to give a complete report to the community. The deadline should be no later than the first meeting of March 2001. Question as to whether this would give enough time to present the committee report to the community and submit to City Council for their Budget Meeting in March. ( Ms Hale ask if the last meetings suggestions were conclusive on the monument and the improvements to the park. Why then did we again need to prioritize that list. . Ms Bethel said that we would set up the wish list in groups that would take the most needed and wanted suggestions. Each member was ask for their most wanted improvement or addition to the Park. Mr Gravely - Amphitheatre, Ms Davis the comfort stations upper and lower levels of the park, Ms Robertson- the evans House/Care Takers House restoration, ( Ms Reed stated that the care takers house may be so costly to restore, it may take too much of the money and eliminate other improve ments wanted, the committee referred to statement by Ms Reed that the committee was not to consider money at this time but to make any and all suggestions they would like to see happen). Ms Allen-Bring athletic fields up to standards and retain natural beauty of the park. Not to let park become a sports complex. Ms Monk- #7 on the wish list listed in December 11ths minutes for Lighting additions and improvements upper and lower level and particular in athletic field areas. Ms Monk also stated that the Kawanis Club have plans to do some beautification of the park in form of landscaping with flowers and shrubs and plants. Ms Linda Poindexter.#12 from the wish list Up grading the Pool-- discussion as to whether inclosed pool for year round use would be fisable. Ms Ferrance said the City had a plan for a recreation center and this would include an inclosed pool. An inclosed pool for year round use only equid be planned for a city wide usage not just a community park improvement and would use a great expanse of land which very well could take a greater amount of land from the parks other planned usages. The City had discussed a water park for play and swimming which would take up far less land and leave room for other suggested park usages. ( Mr Dixion- An Electrical source for the parks use to supply different organizations that may use the park with electricity. ' Ms Christian- Playground equipment and exercise trail with historic information stands. Also picnic tables and benches. Ms Alice Roberts- Miniature golf, other suggestions were handy cap accessability forintire park I replacing Willow trees in park. Ms Monk stated the possibilty of some donated Willow tree. Clean up of brush on hill above lower level of park which city has already scheduled for park improvement. ,,/10 .. .. / \\ ( ~ ( i. More discussion on an aquatic pool and Ms Ferrance said would followup on a small family aquatic center and a frog pond to be included for the small 4 chlTdren. -- Ms Davis ask if the Evans House was off the list since no planning was being dicussed for it in the prioritized list. Ms Reed suggested the committee prepare the list of all desired improvements. . Ms Ferrance suggested that Mr Wilcox prepare a scale module of the aquatic pool center and present with dimension. The improvement suggestions and additions were grouped in relativity to see where most needed improvements were wanted. The next meeting will be January 22nd, the 4th Monday at 6:30 P.M. and Mr Wilcox said the scale will be ready for review. The scheduling of the following meeting was set for Febuary 12, 2001. :I.GSO Meeting was adjourned 8:40 P.M. )jJ ( <:'~ 't: Washington Park Improvements and Monument Committees Jan 8, 2001 - Agenda 6:30 - 8:00 pm Call to Order Inspirational words ReadinglDistribution of minutes from Dec 11, 2000--Dinah Ferrance Election of Co-Chair A. No word from elected co-chair since first meeting B. Co-chair is necessary to assist with duties Review of previous accomplishments Clarification of committee's duties--is this committee responsible for Washington Park Comprehensive Plan? Some people in the Community think "yes". If"no" we should have a representative on the Washington Park Comprehensive Plan Committee! Also, if"no" would we like to be a committee with the Plan as part of our charge? If a consultant is to be 'hired' this committee would like to have input about the qualification desired. Qualifications such as: s/he must have experience with black history interpretation; community master planning; certification; have experience in the preservation of black historic sites and buildings; MUST DEVELOP A TIME LINE FOR THE COMPLETION OF THIS COMMITTEE'S WORK! A. Format fit as final presentation to the community. B. Upon community's majority acceptance/approval present to Council TONIGHT: DECIDE UPON PRIORITY OF IMPROVEMENTS!!! Ideas for memorials---we are encouraged to be creative!!!! Do we need to tour other historic sites for 'creative' ways? . / \,., \. ( Office of the City Manager November 20, 2000 Washington Park Committee Members: Park. Please allow me this opportunity to respond to your questions regarding Washington Environmental Safety. We are more than willing to take whatever measures are necessary and appropriate to ensure the environmental safety of Washington Park. It is my understanding the Mr. Cary Lester, the City's new environmental administrator, will be attending your meeting this evening. He will bring you up to date on what we currently know about the condition of the area. c._. Bond Money. As for the City's use of bond money for reasons other than its original intent, please know that the City sells bonds in categories: Le., for streets, for parks, or for schools. The only way that bond money specified for one category can be applied to another category is with the (public) approval of City Council. This has been done in the past, but only in very rare instances. It is my understanding that this has happened in response to cost overruns, where individual projects within a specified category have not received funding originally intended. For exaf!lple, if a bond was approved to pay for fifteen school projects, but the actual cost of project number ten turned out to be twice its estimated cost, projects fourteen and fifteen may suffer from the overrun. Priority List. By stating that I will move Washington Park to the top of the improvement list, I am committed to requesting that the park be the first project to receive funding beyond the amount allocated in Phase I. African-American Architect/Designer. Our bidding process requires us to accept the lowest bidder meeting our specification, and it does not.allow us to select a vendor on the basis of any criteria like race. I would be open to having a representative or representatives of the committee be part of the review process. [' C MoneylTime Available. _ I do not feel we are at the point of needing the services of a hired professional. With the work that has been done by the Virginia Tech students, the City's resources, and the committee's enthusiasm and guidance, we should be able to develop a basic park plan. Once the community reaches consensus on what it would Room 364 Municipal South 215 Church Avenue, S,w. Roanoke, Virginia 2401 1- 1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www.cLroanoke.va.us ~ "l C r. ( Washington Park Committee Members November 20,2000 Page 2 like to have in the park, then a consultant might be needed to confirm that it is physically possible to carry out the community's wishes. As to timing, I do not have a particular time-line in mind. The committee should, however, move with all deliberate speed. Further, if the committee's efforts were to dovetail with the City's budget cycle, it might be beneficial in moving the process along. I will look forward to seeing the results ofthe committee's work. If, in the meantime, I can be of further assistance, please do not hesitate to contact me. Sincerely, ~~~ Darlene L. Burcham City Manager C _' DLB:ds cc: George Snead; Assistant City Manager for Community Development Wanda Reed, Acting Director, Parks and Recreation c ~~t:;.-:::;t.:..:, i:::' ..' {{~~JJr.'~;':"'~~'t:l":'-;.:.-:.~.,.-...:?'ft-:-,;&~..-~-_IT'-~;Jf""'''''''::' ;"--1""-'" -." . t." ~r ( Roanoke City Parks & Recreation 210 Reserve Avenue, SW * Roanoke, VA * 540-853-2236 MEMO - To: From: Subject: Date: James Settle, Neighborhood Planner Dinah Ferrance, Project Assistan~t Washington Park Y November 16, 2000 Here are the summary reports on Washington Park as it relates to the Catholic Diocese proposal to donate $300,000 for improvements to the park.and the public response to that proposal. -., The first three documents have been generally distributed to the public. The other documents are internal reports. -'Z' \ Enc.: Washington Park Forum Summary Washington Park Youth Forum Summary Washington Park Senior Forum Summary Meeting Notes, Washington' Park Public Meeting, September 26, 2000 Staff Notes on Initial Meeting: Washington Park Improvements Committees, ( October 24, 2000 ( W16l00 ({\ 0+-' <" 1..-'- ,II & ~ .. ~-. '. __ ~4. ,. -Ai ~. ~4~~di Roanoke Parks and Recreation (\. ..' Washington Park Forum. Summary On June 15, 2000, Roanoke City held a public forum concerning Washington Park. The purpose of the forum was four fold: · to review the current layout and usage of the park · to review the strategies of the recently adopted Comprehensive Parks and Recreation Master Plan that relate to Washington Park · to develop a community vision for the park, and · to review the' Catholic Diocese proposal for the development and use of facilities in Washington Park During the forum, 115 participants listened to presentations and then formed into small group~.Jo answer the following questions: . .. · What ideals"should shape the future of the park? · What current aspects of the park should be retained or enhanced? G What n~w features should be.developed in the future? What new programs should be developed in the future? G What elements of the Diocese's proposal fit with your ideals of the park? ( Answers to the questions were recorded on flip charts and later analyzed. The following conclusions were drawn from the analysis: · The foremost message expressed by participants 'vvas concern over loss of control of the Park and its facilities if the city accepts the Diocese's proposal. · The ideals which should shape the future of the park are appreciation for the park's and community's history open use of the park for all people service to the immediate community · The park facilities of most concern are (in order of importance from most to least): .~ Restrooms . Shelters and Picnic related facilities Pool Creek. Game Fields and related amenities Trails Trees/Flowersland other landscaping . The programs of most interest are youth programs and sports and fitness programs Roanoke Parks and Recreation Washington Park Youth Forum Summary On July 19, 2000, 119 youth between the ages of six and fifteen attended a workshop organized to' determine how they feel about Washington Park and what they would like to see in the park in the future. Most participants attend programs in the vicinity of Washington Park, including those organized by the Boys and Girls Club, Roanoke City Office an Yauth, and the YMCA Family Center. , During the worksQop, all participants met in small graups and were asked four questians: How have yau used Washington Park? . What is your"favarite thing to. do in Washington Park? , What do. you NOT like about Washington Park? What would you like to have in Washington Park in the future? The,answers to. those qu~stians were recorded on flip charts and served as the data which was analyzed far this report. Results were as follows: · The most frequently mentioned uses of Washingtan Park were playing basketball and going to the pool, fallowed by same form of playing in the creek, activitiesinvalving the variaus ballfields, and attending gatherings such as picnics, cook-outs, or parties. ' . Playing basketball was by far the most often mentioned favorite activity. Going. ,to the pool, general play, and playing an the playground or .. playground equipment were also. prominent an the list. Th$answers to the question conc,erning what participants disliked in Washington Park covered a broad expanse of topics; The most aft en mentioned items were cancerned with the paol. Most of the camments aboutthe poo.l dealt with lack of cleanliness. The categary with the next highest number of comments dealt with cleanliness or physical condition of the park. Far example, there were four peaple who mentianed glass on the basketball caurts. . Whemthe yauth were ~sked abaut the future, they most often mentioned items related to the pool such as "larger pool" or "more benches at the paoL" This category also included three requests for a water park. Other frequently mentianed items were 90ncemed with the playground, activities or programs participants. would like'to attend, and commercial e~taplishments they would like to see" in the park such as Chuck E. Cheese and a barbershop., . .. t \ ( . . . The yauth who participated in this farum know the park well. Their input . 'revealed that they spend time there and are very familiar with the park's challenges. They have many ideas on haw to. fix the park - same very practical, some nat so practical. Given the yauths' intimate knowledge of the park, their input davetails nicely with that previausly received from adults. . . ( . ,. , ..".- ~l ...a..t~~~ Roanoke Parks and Recreation Washington Park Senior Forum Summary (. As a result of input during the June 15 public forum, the City Manager requested that a similar/forum be held specifically for senior citizens. This forum was held on July 20, 2000. Despite concerted efforts by City staff to publicize the July 20th meeting and to encourage participation, only 10 citizens attended the meeting. Of these, only three had not attended the June 15th meeting. During the forum.. participants listened to presentations on the following topics: 1. Current Layout and Usage of Washington Park 2. Strategies and Recommendations in the CompreAensive Parks and Recreation Master Plan which relate to Washington Park . 3. Recent Community Planning Efforts 4. ., Diocese's Proposal for the develoPlTlent and use of facilities in W ashi ngtolT Park Following thes~ presentations, the three participants who had not attended the previous forum were asked the following questions: 5. When was the last time you used Washington Park and what did you do while there? 6. What do you like about the park as it is and what would you like to see improved? 7. , What new facilities and other things should be added to the park? 8. What new activities and programs should be added to the park? 9. What parts of the Diocese's proposal will be good for the community and for you? ,,0 The answers were recorded on flip charts. However, due to the small number of people attending the forum, the amount of data was insufficient for an analysis similar to that done for the June 15th forum. Further; the questions asked of the participants were slightly different from those asked at the June 15th forum. Despite this, it is clear . that some of the sentiments expressed by the senior forum participants are quite . reflective, of major themes expressed by those attending the June 1 ~ public forum. For example, the importance of history and concern over control of the park which the seniors expressed were both major areas of comment recorded at the June 15th meeting. Overall, then, the comments made during this workshop do not hold any major deviation from those made at the previous forum. . ..-" ";.. l, h 4. ( Meeting Notes Washington Park Public Meeting September 26, 2000 On September 26,2000, the City held a meeting for the purposes of bringing concerned citizens up to date on the results of the three previous public forums concerning Washington Park, briefing the community on changes in the Catholic Diocese proposal for Washington. Park, and to receive public comments. Approximately, 85 people attended the meeting. ''"=: The Reverend Burton opened the meeting. His welcome was followed by comments from City Manager Darlene Burcham. She: briefly reviewed the results of the past three meetings · brought the audience up to date on her recent actions with regard to Washington Park, which included a meeting with the Arch Bishop Sullivan, and, read the Catholic Diocese proposal as it currently stands (see attached document). (. Further, Ms. Burcham stated that she felt that the current proposal from Bishop Sullivan, by removing all strings from the donation of $300,000, answered the community's concerns about control of the park. She then went on to say that, if the community was receptive to the Dicoese's proposal, she was willing for the City to move improvements for Washington Park to the head of the list and proceed with them as soon as possible. The floor was then opened to comments from participants. Main themes which ran through the comments were: · Criticism and questioning of the City's spending of money in general and for parks specifically Skepticism that there were indeed "no strings attached" · Questions concerning the meaning of the word "much" in the following sentence in the Bishop's statement: "Second, the students of Roanoke Catholic School will be able to share the use of the park and other facilities much the same as they have been doing for many years." Questions concerning scheduling of gamefields The desire to hear from the Bishop in person · Desire to know exactly what is proposed (what facilities?) · Support for the City Manager The history of broken promises by the City · We shouldn't dwell on the past At various times during the comments, Ms. Burcham, Karen Mabry (Principal of Roanoke Catholic Schools) and Johnny Pompey (Athletic Coordinator for Parks and Recreation) answered questions and clarified statements. Ms. Burcham stated that if r'1 .2,,~. /. :.,,-,{ , ,.. .:-;: ( I ( ".~)o the community chooses to move forward with this, she will create a committee from the community to plan the improvements to the park. ~hoseplans would then be taken to the broader community for approval, as well as the Si?hop. Ms. Mabry stated that the offer was made in good faith, the Catholic Schools want to be good neighbors, and, whether the money was accepted or not,they still want to be good neighbors. Mr. Pompey explained that the Catholic Diocese Proposal would not have an affect on scheduling as it is now. Ms. Burcham asked for volunteers to sign up for two committees. One committee would plan the improvements to the park; the other would plan a memorial to Booker T'. Washington. The meeting was then closed. " ",", 't. . . Oraanized Uses of Washinaton Park Roanoke Catholic Rec Club Softball practice Baseball practice T -Ball ractice Youth football Cheerleading Youth football Cheerleading Youth tennis lessons Inner City Athletic Association YMCA Rec Club Learn To Play Tennis Northwest Rec Club Yl.~CA I~ner Ci Athletic Assn. Aquatic Program Public open swim (- . Leam to Swim Lessons wI American Red Cross Teen Splash (5) Lifeguard Class Family Fun Nights Adult La Swim , Roanoke Catholic High School High School football practice Roanoke Catholic High School Cross-country practice and meets ( ~. '-. 08/30/00, Diocese.xls 6 teams Lower field March 20 - June 30 Tuesday & Thursday 5 m-dark March 20- June 30 M, W, F 5pm-dark Sat 9am-2:30 m August 1- November 11 M-F 5pm- dark August 1- November 11 M-F 5 m - dark June 21-30 July1 O-August 4 M-F 9:30am-11:30am 4 boys' teams Upper field 4 iris' teams 2 boys' teams Lower field 4 girls' teams 80-100 participants Upper tennis complex 9,000 annually Washington Park Pool Memorial Day weekend 1st weekend of June June 10- August 23 August 26 & 27 Labor Day weekend: Sunday-Thursday 12-6pm Friday-Saturday 12-8pm all ages Ages 5 Up Ages 11-18 Ages 15 Up All Ages 18 As requested, not to disrupt public open swim hours Upper field 3 Total Boys' varsity Girls' varsity Bo s' Middle Sch. 1 Total Boys' upper school Upper field February 22 - May 25 M-F 3:00-6:00p 1 Total Upper field Used on open field basis. August - November M-F3-5:30 m Course runs from Used as open green space. Addison track to Lincoln Terrace Elementary 5 meets per year through lower park and back to Addison track Boys' varsity Page 1 OrQanized Uses of WashinQton Park .1ft' Softball practice 2 girls' teams Lower field March 20 - June 30 Tuesday & Thursday 5pm-dark Roanoke Catholic Softball practice 6 teams Lower field March 20- June 30 Rec Club Baseball practice M, W, F 5pm-dark T-Ball ractice Sat 9am-2:30pm Inner City Athletic Association Youth football 4 boys' teams Upper field August 1- November 11 CheerJeading 4 iris' teams M-F 5 m- dark YMCA Rec Club ' Youth football 2 boys' teams Lower ~eld August 1- November 11 Cheerleading 4 girls' teams M-F 5 m - dark Learn To Play Tennis Youth tennis lessons 80-100 participants Upper tennis complex June 21-30 Nohhwest Rec Club Julyl O-August 4 YMCA M-F 9:30am-ll:30am I rfner Ci Athletic Assn. Aquatic Program Public open swim 9,000 annually Washington Park Pool Memorial Day weekend 1st weekend of June June 10- August 23 August 26 & 27 Labor Day weekend: Sunday-Thursday 12-6pm Friday-Saturday 12-8pm Learn to Swim Lessons all ages As requested, not to disrupt wi American Red Cross Ages 5 Up public open swim hours (. Teen Splash (5) Ages 11-18 Lifeguard Class Ages 15 Up Family Fun Nights All Ages Adult Swim 18 March - June 4 evenings per week 1 hour each evening High School soccer 3 Total Upper field February 22 - May ?,5 practice and games Boys' varsity M-F 3:00-6:00p Girls' varsity Bo s' Middle Sch. Roanoke Catholic High School High School football 1 Total Upper field Used on open field basis. practice Boys' upper school August - November M-F 3-5:30 m Roanoke Catholic High School Cross-country practice 1 Total Course runs from Used as open green space. and meets Addison track to Lincoln Boys' varsity Terrace Elementary 5 meets per year through lower park and back to Addison track 08130/00, Diocese.xls Page 1 "r; Set 1 ~~ ~/ /' <{5\..\ / ( "? , Name 1 Zip 2- Olf, ( ~ ( , ,.",. U'. ,/" J /':") ( ( ~-:' '}.... ( \. .... Set 1 t'!'o" Zip I), I.. r' ....., '-..., ! ";"~ :-~ :ri\) tj } <;i,: Set 1 ( Name Washington Park Community Meeting , Se tember 26, 2000 Address Zip II I ~. /(/, a.J. c 1/ 2.~\" Vol 7 ~"6/~ , I I I / I 64 65 66 \ \ ;::- ") .- j ( # ~. ~ C.', ~ _ i) ~ 11\ Ij \. :\, Set 2 Name Washington Park Community Meeting Se tember 26, 2000 Address Zip fJ '7o~........~ /-;).. ,J ;,.I ~ () I -2.. 2"Y'&/' Q.. 40 I L.j {~ J /' (' l, ~ ( \ ",\" t,. Set 2 Washington Park Community Meeting 5 t b 26 2000 ep1 em er , Name Address Zip 23 'A/J l;j 1./ f!11A Iu.. ~/R,/LJ.~-t i () c?'io / CtY , / . 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ,. r ,7 ') - OrQanized Uses of WashinQton Park .,J1t Roanoke Catholic Rec Club Inner City Athletic Association YMCA Rec Club . Learn To Play Tennis Northwest Rec Club YMCA Irfl'ler Ci Athletic Assn. Aquatic Program ( Softball practice Baseball practice T-Ball ractice Youth football Cheerleading Youth football CheerJeading Youth tennis lessons Public open swim Learn to Swim Lessons wi American Red Cross Teen Spiash (5) Lifeguard Class Family Fun Nights Adult Lap Swim 6 teams Lower field 4 boys' teams Upper field 4 iris' teams 2 boys' teams Lower field 4 girls' teams 80-100 participants Upper tennis complex 9,000 annually Washington Park Pool all ages Ages 5 Up Ages 11-18 Ages 15 Up All Ages 18 March 20 - June 30 Tuesday & Thursday 5pm-dark March 20- June 30 M, W, F 5pm-dark Sat 9am-2:30 m August 1- November 11 M-F 5 m- dark August 1- November 11 M-F 5pm - dark ' June 21-30 July1 O-August 4 M-F 9:30am-11 :30am Memorial Day weekend 1st weekend of June June 10- August 23 August 26 & 27 Labor Day weekend: Sunday-Thursday 12-6pm Friday-Saturday 12-8pm As requested, not to disrupt public open swim hours Upper field ' March - June 4 evenings per week 1 hour each evening ~oanoke Catholic High School R-oanoke Catholic High School Roanoke Catholic High School l, 08/30100. Diocese.xls High School soccer practice and games High School football practice Cross-country practice and meets 3 Total . Boys' varsity Girls' varsity Bo s' Middle Sch. 1 Total Boys'upperschool 1 Total Boys' varsity Upper field February 22 - May :;25 M-F 3:00-6:00p Upper field Used on open field basis. August - November M-F 3-5:30 m Course runs from Used as open green space. Addison track to Lincoln Terrace Elementary 5 meets per year through lower park and back to Addison track Page 1 ':., ~I i. OrQanized Uses of WashinQton Park Roanoke Catholic Rec Club Softball practice Baseball practice T -Ball ractice Youth football Cheerleading Youth football Cheerleading Youth tennis lessons Inner City Athletic Association YMCA Rec Club Learn To Play Tennis Northwest Rec Club Yl.~CA I~ner Ci Athletic Assn. Aquatic Program Public open swim c. Learn to Swim Lessons wI American Red Cross Teen Splash (5) Lifeguard Class Family Fun Nights Adult Lap Swim 6 teams Lower field March 20 - June 30' Tuesday & Thursday 5 m-dark March 20- June 30 M, W, F 5pm-dark Sat 9am-2:30 m August 1- November 11 M-F 5 m- dark August 1- November 11 M-F 5 m - dark June 21-30 July1 O-August 4 M-F 9:30am-11:30am 4 boys' teams Upper field 4 iris' teams 2 boys' teams Lower field 4 girls' teams 80-100 participants Upper tennis complex 9,000 annually Washington Park Pool Memorial Day weekend 1 st weekend of June June 10- August 23 August 26, & 27 Labor Day weekend: Sunday-Thursday 12-6pm Friday-Saturday 12-8pm all ages Ages 5 Up Ages 11-18 Ages 15 Up All Ages Ages 18 Up As requested, not to disrupt public open swim hours ~iflIJt~e:l;'~:!~rI~~rii!ffiit~l~t~f~~l~~~~~~~~~~~M~1f:~~~~(r,~~Kl~J1~~:fllt~~[lf{i~~~~M!ft.i~~f~4~';~~~~:~;b;~}~;~~'1:::;\T!X~;/~n~}:~ Roanoke Valley Adult Soccer Adult soccer LeagiJe High School soccer practice and games . Roanoke Catholic High School High School football practice Roanoke Catholic High School Cross-country practice and meets ( ~. "- 08/30/00, Diocese,xls . .....:,;'.,. ,...... .. r.-: ::;":.:',~;-.-.;".: -'";'" 14-16 teams Upper field 3 Total Boys' varsity Girls' varsity Bo s' Middle Sch. 1 Total Boys' upper school Upper field February 22 - May 25 M-F 3:00-6:00p Upper field Used on open field basis. August - November M-F 3-5:30 m Used as open green space. 1 Total Course runs from Addison track to Lincoln Terrace Elementary 5 meets per year through lower park and back to Addison track Boys' varsity Page 1 ~... I Ci . ' .4~~~~~ Roanoke Parks and Recreation As a result of input during the June 15 public forum, the City Manager requested that a similar forum be held specifically for senior citizens. Tms forum was oeld on J~ 20,2000. Despite concerted efforts by City staff to publicize the July 20th meeting and to encourage participation, only 10 citizens attended the meeting. Of these, only three had not attended the June 15th meeting. During the forum, participants listened to presentations on the following topics: 1. Current Layout and Usage of Washington Park 2. Strategies and Recommendations in the Comprehensive Parks and Recreation Master Plan which relate to Washington Park 3. Recent Community Planning Efforts 4. Diocese's Proposal for the development and use of facilities in Washington Park ( Following these presentations, the three participants who had not attended the previous forum were asked the following questions: 5. When was the last time you used Washington Park and what did you do while there? 6. What do you like about the park as it is and what would you like to see improved? 7. What new facilities and other things should be added to the park? 8. What new activities and programs should be added to the park? 9. What parts of the Diocese's proposal will be good for the community and for you? The answers were recorded on flip charts. However, due to the small number of people attending the forum, the amount of data was insufficient for an analysis similar to that done for the June 15th forum. Further, the questions asked of the participants were slightly different from those asked at the June 15th forum. Despite this, it is clear that some of the sentiments expressed by the senior forum participants are quite reflective of major themes expressed by those attending the June 15th public forum. For example, !be imobrtance of history and concern over control of the park which the ~eniors expressed were both major areas of comment recorded at thi June 15th I]leeting. Overall, then, the comments made during this workshop do not hold any major deviation from those made at the previous forum. ! ,. \v ,( c- l Office of the City Manager July 7,2000 Ms. E. Antoinette Hale 1014 Grayson Avenue, NW Roanoke, VA 24017 Dear Ms. Hale: Subject: Washington Park Historical Marker ....~....."'t'='I,.~....',....:'.~.',"".,:~"'1"':~."'.':,'~;""~.'.""I~~U ;';.-~""~-i'.~..~~:.~~J:'t'::~ Thank you for the helpful information in your letter of June 19. It is a special joy of public service to learn about the histories and the people whose personal contributions made Roanoke what it is today. As you know, we are working on overall plans for Washington Park. At our planning meeting on the June 15, the participants generated a broad range of suggestions being made for improvements, one of which was a historical marker. Most people favored having the marker focus on Booker T. Washington, for whornthe park is named. As we continue studying the park history, the design and the message of any such marker will be considered carefully. We will incorporate your letter into the findings of this process. Enclosed you will also find a copy of the package recently sent to partiCipants in the June 15 meeting about the findings of that meeting and outlining the next steps in the process. VY!.;L~lL9()IJ~inu~ !'9=~~~,,!.nfgr~ about the progress, and we look forward to hearing more from you. Sincerely, Darlene L. Burch City Manager DLB:WTW:pr Attachment cc: George C. Snead, Assistant City Manager for Community Development John W. Coates, Director 'of Parks & Recreation J!ifayne T. Wilcox, Parks Planner Room 364 Municipal South 215 Church Avenue. SW. Roanoke, Virginia 240 1 1 - 1591 CityWeb:www.ci.roanoke.va.us (540) 853-2333 FAX (540) 853-1138 :/ /)1 I / ~., Roanoke City Parks & Recreation 210 Reserve Avenue, SW * Roanoke, VA * 540-853-2236 M~O ' ' To: From: Subject: . Date: Wanda Reed, Acting Director ~ Dinah Ferrance, Project Assistant""\'\~ Call re: Washington Park Y Sept. 6, 2000 A Mr. John Claytor, 3340 Kershaw Rd., NW, Roanoke, VA 24017 called today to offer his input on the Washington Park situation. The following are his major points as he presented them to me: · Mr. Claytor is opposed to the Catholic Diocese proposal. He feels no city park should be tied to one organization suc~ that they have control of its facilities over a period of years. . The people that are opposed to this deal have well founded fears based on past history: N.E. Roanoke urban renewal, Gainsboro, Henry St. and Harrison Cultural Center. c · City agencies in the past haven't followed through with promises of equal opportunity. A good example is the segregated housing sanctioned by the housing authority as exhibited by Melrose Towers being mostly black, and Morningside being mostly white. · If we need money to maintain the park, perhaps the black ministers should get together and fund-raise in the neighborhood to raise $300,000 to match the diocese proposal. The one stipulation should be that no one group should be allowed to have control. · Overall, a good job is done in some city departments and by some individual city employees. However, when it comes to the black community, treatment hasn't always been equal. cc: Darlene Burcham George Snead Vic Garber Wayne Wilcox 9/6/00 ( c_ ( 541213454461 'TAP 937 P01 L ~A~ 03 ~ 11:58 .. ~ ."~." F. Y.I. John Coates, Director of Parks & Rec. for the City has scheduled a meeting at his office (in the conference room) with representatives of the Catholic School to discuss a proposal from the school to contribute $300,000.00 to the restoration of Washington Park in exchange for certain controlled use of the park to the detriment ofN. W. residentS and recreation organizations who have used the park for activities. for inner-city children. , . This meeting we believe is intended to circumvent 'a growing protest to the proposal within the N. W. and N.E. communities. Coats has also invited City Real Estate Valuation Director Wil Claytor. Why? That's a good question. Perhaps the , City is going to entertain a sell of portions of Washington PARK? Coats and his st~ de!berately avoided invitin~y oithe residents in opposition ~th one exception. - , We thought you'd like to have a reporter at this ~eeting? c (. ( 2 .. LOCAL NEWS SPORTS NEW RIVER CURRENT EDITORIALS EXTRA' FEATURE.S BUSINESS NEIGHBORS CLASSIFlEDS COLUMNISTS COMPUTERS CRli\'ll REPORT OBITUAR![S PHOTO GALLE RY POUTICS SPECIAL REPORTS VA TECH GAf',m20NE U VA GM/1ElOrJE n }~1I10 ke. ........ .... ':. . . f'J/~ EDITORIALS AfTERIIOIII NEWS UPOAlES WteblIyIIJf 3 p..1IL I waat to bow what 1-73 will bring... -- .,11 - PAST 7 DAYS ARCHIVES NEWS TIPS SUBSCRIB( ADVERTISE CONTACT US Wednesday, July 05, 2000 Many have forgotten city park's history I HAVE read news articles concerning Washington Park, and also Evelyn Davis Bethel's commentary (June 24, "Unresolved issues remain over a 'gift' to Washington Park") where she mentioned that a civic organization wants to purchase a house on the site. Many people may not know the park's true history. It was the site of a landfill in the days of Jim Crow. When I was growing up, the landfiiI was covered up. However, fumes filled the area as gas and po~n from the landfill seeped up and was carried by the wind to all the black areas back then. Blacks couldn't go to white schools in those days. They could go only to Booker T. Washington, Harrison, Loudon and Lucy Addison (formerly a high school, now ajunior high school). How safe is the whole area. including Lincoln Terrace? Since there is going to be a research facility in Roanoke, I hope it would consider a research project on the long:tenn effects the landfill IlU!Y have had on people's healtl1 miJilit now be havmg. and find a solution - if any. Publish the findings or present it to Roanoke City Council for recommendations. GLORIA JEAN COAN, ROANOKE Send This StOry To A Friend Click here for todav's headlines. Click here for the Dast seven day's headlines. Let any elected or appointed official know what you think and how you feel by CLICKING HERE. Here's your chance to petition the government for a redress of grievances. 7/5/20008:26 AM . J. > ~) . ! '" c / \, ... A QUICK HISTORY OF WASHINGTON PARK . 1936 - Dreamland dance hall, swimming pool and recreation center opened by Mr. Robert H. Hale, a Roanoke businessman. Dreamland was forced to close due to the widening of Rt. 460 leading Mr. Hale to build the area's first Black-owned lodge, "Pine Oaks Inn" located in Salem in the 1950's. (April, 1994 Anniversary Supplement to The Roanoke Tribune). · 1941 - The long Range Recreation Plan for the city of Roanoke was prepared by the Nati<;>nal Recreation Association and recommended that the adjacent eight acres of property to the existing play field in Washington Park be acquired to improve the effectiveness of the recreation needs at the park. It was recommended that a "modern swimming pool be constructed and provided with sanitary and mechanical equipment, including a bathhouse with showers, lockers, dressing rooms and to'i1et facilities," It was also recommended that the abandoned quarry in the central portion of the park be developed for an "outdoor theater to meet the cultural needs of the people." These plans would "provide a facility that is greatly needed for a well-rounded recreation program." The plan also recommended the remodeling of a frame structure in the park (probably that of what was "Dreamland") fordancing and similar activities. ' In 1941, Washington' Park was described as "remotely located, exceptfor those residing on Lynchburg Avenue." · 1944 - Washington Park located on Lynchburg Ave. and Peach Road, N. W. - 41.32 acres - amenities included the following: Outdoor Badminton Court (1), Baseball Diamond which could also be used for softball (1), Outdoor Basketball Court (1), Croquet Court (1), Football Fields (2), Horseshoe Court (1), Outdoor Oven (1), Picnic Shelter (1), Playground (1), Sand Box, (1), Supply House (1), Soccer Field (1), Softball Field (1), Asphalt Tennis Courts (6), Tether Ball Court (1), Volley Ball Court (1), Drinking Fountains (3), Rest Rooms (4), Park Keepers' House (1). · There were 8 Negro league basketball teams (32 games), 4 Negro league softball teams (20 games), and 4 Negro league football teams (20 games). · Summer Playground Program, a supervised program of activities designed for the "enjoyment, safety, health and character of the children." The theme of 1944 for the program was "You're in the Army (of Parks) Now," with boys and girls enlisted into a branch of their service (Army, Coast Guard, Marines and Navy forrboys; Wacs, Spars, Marine Girls and Waves for girls). Weekly units were subdivided into maneuvers, service training and detail. Based on the recreational needs of the particular community, each playground program had its own daily schedule with most meeting from 9:30 a.m. - 8 p.m. encouraging adult involvement in the late afternoons and evenings. In the summer of 1944, attendance at Washington Park included 15, 525 total participants (5,727 boys, 5,048 girls and 4,748 adults). This was the third highest attendance in the city park' system, behind Highland Park with 18,583 participants and Jackson Park with 17,259 participants. 08130/00. C:\Parks & SitesIPK-WashingtonIPress-Overview-History,doc Page 1 of3 1\ !;,,'''' I ( , . Washington Park baseball and football fields were rented through the City Manager's Office in 1944. Ten semi-pro baseball games were played and 2 home football games for Lucy Addison High School play~d. '1:, . 1945 - Park Keeper, Sam Calloway; an additional Horseshoe Court was added at Washington Park. In a collaborative effort with the William Hunton Y.M.C.A., a Negro women's basketball league was added to Municipal Athletics, with the two teams included in this League being the only two women's basketball teams in the city of Roanoke. . The Summer Playground theme in 1945 was "Summer Hours Under the Sun" with 34,036 in attendance at Washington Park, the highest in the city of Roanoke. Reservations at Washington Park included the following in 1945: Fred Lawson (2), Addison High School (2), Roanoke All-Stars (3), Atlanta Black Crackers (1),' Black Cardinals (1), William Hunton Y.M.C.A. (1), and a Minstrel Show (1). After-School and Summer Playground Attendance for the year was 34, 036, again, the highest in the city of Roanoke. Public swimming pools were recommended in 1945 and were "a number one need." . 1946 - Bleachers were added as an amenity to Washington Park, as well as a hiking trail, another Horseshoe Court, Marble Rings (2), an Overnight Camp Area (1), Picnic Facilities (1), and Playground Apparatus. A Negro Jr. Basketball League was established with 4 teams, a Gold Medal Basketball Tournament offered a Negro division with 8 teams, a Negro Midget Football League was added with 4 teams, 4 Marbles teams were added in the Negro city schools, 4 teams made up the new Negro Girl's Soccer' League, there became a Women's Volleyball League offering 6 teams and a Negro Men's . Volleyball League consisting of 4 teams. 1946 also included 20 entries in the Negro Open Horseshoe Tournament. 1946 reservatfons at Washington Park included reservations by the Roanoke Cardinals, the Roanoke Raiders and Fred Lawson with exhibition softball and baseball games played at Washington Park between local and out of town teams. The supervised playground program count for 1946 was 51,928 participants, again,. the largest in the city, above Eureka with 44,810 participants. Because there was no recreation building at Washington Park in 1946, St. Paul's Methodist Church and the First Baptist Church offered community center recreational/social activities one night each week during the winter, spring and fall. . 1948 - ~O,752 were in attendance at the Washington Park supervised playground program, again, the highest in the city of Roanoke. . . 1987 (Aug) - JI'nner City Recreation Club requested lighting for Washington Park football field; estimated cost for contractor installation of athletic lights was $32,000 using City poles and new metal halide lights (contractor, Davis H. Elliot Company, Inc. estimated cost at $45,000). ( ( , , I 06/30/00. C:IParks & SitesIPK-WashingtonIPress-Overview-History,doc Page 2 of 3 c c I ( c - . "r'" .(. , ., . · 1989 (fall) - Tennis Court (upper Washington Park) improvements and installation of athletic lighting for the existing football/soccer field at Washington Park · 7th Annual Brad Showalter Benefit games - main fund raising event for Inner- City Ath letic Association football program in a letter from Joe Gaither, Director of Innner-City Athletic Association · 1996 - Park Improvement contest held by the city of Roanoke Service Excellence Committee with $10,000 in park improvements going to the park with the most votes. Washington Park received the most votes, from city employees. After meetings with the Inner-City Coalition for Selective Development, it was decided that the abandoned "Caretaker's House" located along Orange Avenue in the lower part of Washington Park "be renovated. Suggested uses of the building would include office space for community, groups, snack bar facility for park visitors, recreation office for loaning sports equipment, information center for the Park or to be used for displays on the history of the Park and the surrounding neighborhoods. 08/30/00, C:IParks & SilesIPK-WashinglonIPress-Overview-History.doc Page 3 of 3 STEPHANIE M. MOON, CMC City Clerk , r CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFI' Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk November 17, 2009 John Moorefield, Secretary Fair Housing Board Roanoke, Virginia Dear Mr. Moorefield: This is to advise you that Marc K. Davis has qualified as a member of the Fair Housing Board to fill the unexpired term of Jason L. Moore ending March 31, 2010. SMM:ew Sincerely, ~m.~~ Stephanie M. Moon, CMC City Clerk pc: Jonathan E. Craft, Deputy City Clerk ~ ,1 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Marc K. Davis, do solemnly affirm that I will support the Constitution of the United States of America and the Constit~tion 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 Fair Housing Board to fill the unexpired term of Jason L. Moore ending March 31, 2010, according to the best of my ability (So help me God). , ~~/(~ Subscribed and sworn to before me this/~#lday of ~A11J' 2009. OF THE CIRCUIT COURT f" 1-':;' L:ICLERK\DAT AICKEWl loath and leaving serviceIFarr Housing BoardlMarc K. Davis 3-31-10,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 17, 2009 Chris Connolly, General Manager Roanoke CivicCenter-Global Spectrum 710 Williamson Road, N. E. Roanoke, Virginia 24016 Dear Mr. Connolly: This is to advise you that Linwood "Woody" Deans has qualified as a member of the Roanoke Civic Center Commission, for a term ending September 30, 2012. Sincerely, ~hJ.~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Jonathan E. Craft, Deputy City Clerk K:loath and leaving servicelroanoke civic center commissionlLinwood Woody Deans Sept 30 2012 quali.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Linwood "Woody" Deans, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Civic Center Commission, for a term ending September 30,2012, according to the best of my ability (So help me God). ~'~/'~ Subscribed and sworn to before me this !l- day of No J 2009. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT Q~c~ , DEPUTY CLERK L:\CLERK\DAT A\CKEWl \oath and leaving service\roanoke civic center commission\Linwood Deans Sept 30 2012,doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1I45 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk November 17, 2009 Candice Martin, Secretary Architectural Review Board Roanoke, Virginia Dear Ms. Martin: JONATHAN E. CRAFf 'Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk This is to advise you that Aaron M. Copeland has qualified as a member of the Architectural Review Board, for a term commencing November 2, 2009 ending October 1, 2013. Sincerely, ~m.~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Jonathan E. Craft, Deputy City Clerk K:loath and leaving servicelarchitecturaJ review boardlAaron M Copeland Oct I 20 I 3 quaJi.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Aaron M. Copeland, do solemnly swear (or 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 Architectural Review Board, for a term commencing November 2, 2009 ending October 1, 2013, according to the best of my ability (So help me God). ~ ~ Subscribed and sworn to before me this !5- day of Nouemf;)?r2009. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY vKaliiThmVlfl4-/ , DEPUTY CLERK L:\CLERK\DA T A \CKEW I \oath and leaving servicelarchitectural 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 STEPHANIE M. MOON, CMC City Clerk JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk November 17, 2009 Harwell M. Darby, Jr., Secretary Economic Development Authority Glenn, Feldmann, Darby and Goodlatte P. O. Box 2887 Roanoke, Virginia 24001-2887 Dear Mr. Darby: This is to advise you that Vickie H. Bibee has qualified as a Director of the Economic Development Authority for a term of four years commencing October 21, 2009, and expiring October 20, 2013. SMM:ew Sincerely, ~h),~ . Stephanie M. Moon, CMC City Clerk pc: Jonathan E. Craft, Deputy City Clerk ( Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Vickie H. Bibee, 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 Director of the Economic Development Authority, for a term of fou r years commencing October 21, 2009, and expiring October 20, 2013, according to the best of my ability (So help me God). --I rJ~ iJ. ltL Subscribed and sworn to before me this /Otk day of. JIH~ 2009. BRENDA S. HAMILTON, CLERK BY , 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 CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk November 20, 2009 Ms. Christy McGhee (Cooper) 5400 Fallowater Lane Roanoke, Virginia 24018 Dear Ms. McGhee: A communication from the City Clerk advising of your resignation as member of the Fair Housing Board, was before the Council of the City of Roanoke at a regular meeting held on Monday, November 16, 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 Fair Housing Board from June 4, 2007 to November 16, 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, ~h-). h-)~ Stephanie M. Moon, CMC ~ City Clerk SM M :ew Enclosu re pc: JohnrMoorefield, Secretary, Fair Housing Board, Roanoke, Virginia Jonathan E. Craft, Deputy City Clerk ROANOKE CITY COUNCIL PERSONNEL COMMITTEE DECEMBER 2,2009 8:00 A.M. EOC CON FERENCE ROOM ROOM 1 59 AGENDA 1. Call to Order--RolI Call. All Present. 2. Statement of Purpose. Chairman Gwen Mason. Convene in Closed Meeting. 3. Recessed at 8:10a.m. Reconvened at 9:34 a.m. CERTIFICATION OF CLOSED MEETING. (7-0) Council Member Mason advised that as Chairman of the City Council's Personnel Committee, she would like to state that Council is prepared to begin interviewing candidates for the position of City Manager; that the notice provisions of the Virginia Freedom of Information Act do not apply to executive or closed meetings of the Council held solely for the purpose of interviewing candidates for the position of Chief Administrative Officer; and, in accordance with provisions of the Freedom of Information Act, she announced thata closed meeting will be held at an undisclosed location within fifteen days for the purpose of interviewing candidates for the position of City Manager. At 9:36 a.m., the Personnel Committee was declared in recessed until Friday, December 11, 2009 at 1 :30 p.m., to be reconvened in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 21 5 Church Avenue, S. W., to reconvene in Closed meeting to consider the selection of a new City Manager. L:\CLERK\DA T A\CKSM I \Agenda.09\Personnel Committee Fourth Action Agenda.doc CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.w. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 DAVID A. BOWERS Mayor (~- November 23; 2009 The Honorable Vice-Chair and Members of the Roanoke City Council Personnel Committee" Roanoke, Virginia Dear Vice-Chair Cutler and Members of the Committee: Council Members M. Rupert Cutler Sherman P. Lea Gwen W. Mason Anita 1. Price" Court G. Rosen David B. Trinkle Pursuant to Section 10, Meetings of Council Generally, of the Charter of the City of Roanoke, lam calling a special meeting of the Council (Personnel Committee) on Wednesday, December 2, 2009, at 8:00 a.m. in th"e EGC 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, being the selection of finalists to be interviewed for the position of City Manager, pursuant to Section '2.2.3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, " 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 ROANOKE CITY COUNCIL PERSONNEL COMMITTEE DECEMBER 11 , 2009 1 :30 P.M. . COUNCIL CHAMBER AGENDA 1 . Call to Order--RolI Call. All Present. 2. Statement of Purpose. Chairman Mason. Reconvene in Closed Meeting in the Council's Conference Room. 3. Recessed at 1 :35 p.m. CERTIFICATION OF CLOSED MEETING. (7-0) 4. Adjourned - 3:28 p.m. L:\CLERK\DAT A \CKSMI \Agenda.09\Personnel Committee Fifth Action Agenda.doc