HomeMy WebLinkAboutCouncil Actions 10-18-10
FERRIS
38967-101810
ROANOKE CITY COUNCIL.
REGULAR SESSION
OCTOBER 18, 2010
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. Council Member Lea was absent.
~. The Invocation will be delivered by The Reverend Art F. Good, Pastor, Valley,
View Wesleyan Church.
The Pledge of Allegiance to the Flag of the United States of America will be
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, October 21 at 7:00 p.m., and Saturday, October 23 at 4:00 p.m. Council
meetings are offered with closed captioning for the hearing impaired.
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY
COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS,
ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR - REVIEW OF
INFORMATION.
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 GOVERNMENT
ICON.
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES
ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS
ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE
ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF
QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE
ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S
OFFICE.
;
PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO
CONTACT 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 MAY
CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S
HOMEPAGE TO OBTAIN AN APPLICATION.
THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR
THE FOLLOWING CURRENT OR UPCOMING VACANCIES:
HUMAN SERVICES ADVISORY BOARD - ONE VACANCY
FAIR HOUSING BOARD. ONE VACANCY
LOCAL BOARD OF BUILDING CODE APPEALS - ONE VACANCY
,
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
A Proclamation declaring the week of October 24 - 30, 2010 as Red Ribbon Week.
Presented ceremonial copy to Cathy Graham-Sullivan, RA YSAC Coordinator.
A Proclamation declaring the month of October 2010 as Disability Employment
Awareness Month. Presented ceremonial copy to Pat Eby, Chair, Mayor's
Committee for People with Disabilities.
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.
The following individuals appeared before the Council:
Chris Craft
Robert Gravely
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.
C-1 Minutes of the regular meetings of Council held on Monday, August 16,
2010, and recessed until August 30,2010; and Tuesday, September 7,2010.
RECOMMENDED ACTION: Dispensed with the reading of the minutes
and approved as recorded.
C-2 Reports of qualification of the following individuals:
Sherman M. Stovall as the Assistant City Manager for Operations for
the City of Roanoke, effective November 1, 2010;
A. Damon Williams as a Director of the Economic Development
Authority for a term of office commencing October 20, 2010 and
ending October 20,2014; and
Barbara A. Botkin as a member of the Architectural Review Board for
a four-year term of office ending October 1,2014.
RECOMMENDED ACTION: Received and filed.
3
REGULAR AGENDA
BID OPENINGS:
Bid for execution of an. agreement to lease and renovate the Historic City Market Building
located at 32 Market Square, S. E. Sole bid received from Market Building Partners,
LP, and referred to the City Manager for study, report and recommendation to the
Council.
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS:
a. Presentation with regard to the Route 419 Corridor Plan. Jake Gilmer, Senior
Planner, RoanokeValley Alleghany Regional Commission, Spokesperson.
(Sponsored by Vice-Mayor Trinkle and Council Member Rosen)
Referred to the City manager for review, report back to Council.
b. A communication from the City Sheriff recommending acceptance and
appropriation of funds for the State Criminal Alien Assistance Program Grant
from the Bureau of Justice Assistance Office of Justice Programs; and a
communication from the City Manager concurring in the request.
Adopted Resolution No. 38967-101810 and Budget Ordinance No.
38968-101810 (6-0).
7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY
MANAGER:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance and appropriation of the Western Virginia Workforce
Development Board Workforce Investment Act funding for Program
Year 2010.
Adopted Resolution No. 38969-101810 and Budget Ordinance No.
38970-101810 (6-0).
4
2. Acceptance and appropriation of the Western Virginia Workforce
Development Board Workforce Investment Act (WIA) Dislocated
Worker Rapid Response Program funding.
Adopted Resolution No. 38971-101810 and Budget Ordinance No.
38972-101810 (6-0).
l
3. Acceptance and appropriation offunds in connection with the Edward
Byrne Memorial Justice Assistance Grant.
Adopted Resolution No. 38973-101810 and Budget Ordinance No.
38974-101810 (6-0).
4. Establishment of the membership of the Roanoke Interagency Council
and appointment of the Director of Management and Budget to serve
as program expenditure monitor for the Community Policy and
Management Team.
Adopted Resolution No. 38975-101810 (6-0).
5. Appropriation of funds from the Virginia Outdoors Foundation in
connection with the Mill Mountain Conservation Easement.
Adopted Budget Ordinance No. 38976-101810 (6-0).
6. Authorization to draw a draft on the Home Town Bank Letter of Credit
for the installation of street lights in connection with the Cambria
Suites Hotel Project; and appropriation of funds.
Adopted Budget Ordinance No. 38977-101810 (6-0).
7. Appropriation of funds in connection with the purchase of tools and
equipment for Fleet Management.
Adopted Budget Ordinance No. 38978-101810 (6-0).
8. Consideration of an amendment of the sales contract with Scott and
Ascension Horchler to extend the timeframe of the real estate
transaction on the former Buena Vista Recreation Center.
Adopted Ordinance No. 38979-101810 (6-0).
9. Authorization to enter into a cooperative agreement with the City of
Lynchburg for the purpose of providing shelter care bed space to
eligible juveniles. ~
Adopted Ordinance No. 38980-101810 (6-0).
10. Transfer of funds for capital building improvements for the relocation
of Employee Health Services.
Adopted Budget Ordinance No. 38981-101810 (6-0).
5
j
COMMENTS BY CITY MANAGER.
The City Manager reminded the public that Halloween will be observed on
Sunday October 31; and he announced HUD has awarded a $625,000.00
grant for sustainability and the City will contribute 200 staff hours in support
of the effort. Mr. Morrill expressed his appreciation to James Grigsby for his
dedicated service to the City and best wishes upon his retirement, effective
October 31,2010.
8. REPORTS OF COMMITTEES:
a. Presentation of the Proposed 2011 Legislative Program. Vice-Mayor
David B. Trinkle, Chair, Legislative Committee.
Adopted Resolution No. 38982-101810 (6-0).
b. A report of the Roanoke City School Board requesting appropriation offunds
for various educational programs; and a report of the Director of Finance
recommending that Council concur in the request. Kathryn K. Fox, Lead
Accountant, Spokesperson.
Adopted Budget Ordinance No. 38983-101810 (6-0).
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS:
a. A resolution paying tribute to James "Jim" Grigsby, Assistant City Manager
for Operations.
Adopted Resolution No. 38984-101810 (6-0).
b. A resolution appointing Boreham B. Johnson as a Director of the Economic
Development Authority for the City of Roanoke for a term of four years
commencing October 21,2010.
~ Adopted Resolution No. 38985-101810 (6-0).
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City' Council.
Council Member Price invited the Council, City administration and public to
attend a parent assembly regarding school violence, bullying at the middle
schools during the week.
6
Mayor Bowers asked that the City Manager and Director of Finance meet
with the School Administration to coordinate a joint meeting of Council and
the School Board and advise the Council at its next regular meeting
scheduled to be held on Monday, November 1, 2010.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
THE COUNCIL MEETING WAS DECLARED IN RECESS AT 3:48 P.M., TO BE
RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C.
TAYLOR MUNICIPAL BUILDING.
7
ROANOKE CITY COUNCIL
REGULAR SESSION
OCTOBER 18, 2010
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--RolI Call.' Council Member Lea was absent.
The Invocation will be delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United State~ of America will be
led by Mayor Bowers.
Welcome. Mayor Bowers.
NOTICE:
Tonight's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, October 21 at 7:00 p.m., and Saturday, October 23 at 4:00 p.m.
Council meetings are offered with closed captioning for the hearing impaired.
A. PRESENTATIONS AND ACKNOWLEDGMENTS:
Recognition of Niemann Pest, Ninth Grade Student, Patrick Henry High School.
Presented City gift and Certificate of Appreciation to Mr. Pest.
8
B. PUBLIC HEARINGS:
1. Proposal of the City of Roanoke to execute Lease Agreement for renovation
and operation of the Historic Market Building for a period of 40 years, along
with a lease buyout. Christopher P. Morrill, City Manager.
Adopted Ordinance No. 38986-101810 (6-0).
At this point, Mayor Bowers recognized Boy Scout Troop No. 601.
2. Request of Breakell Inc. to permanently vacate, discontinue and close an
approximately 100 square foot portion of Patterson Avenue, S. W., adjacent
to 2314 Patterson Avenue, S. W. Travis Richardson, Agent, Spokesperson.
Adopted Ordinance No. 38987-101810 (6-0).
3. Request of Ward Mills to permanently vacate, discontinue and close an
approximately 900 square foot portion of 24th Street, S. W., in connection
with property located at 2401 Avenham Avenue, S. W. Sean Horne, Balzer
and Associates, Spokesperson.
Adopted Ordinance No. 38988-101810 (6-0).
4. Proposal of the City of Roanoke to lease space on the first floor of the
Municipal South Building, to Juice Do It, d/b/a The Break Room Cafe, to
operate a public snack bar. Christopher P. Morrill, City Manager.
WITHDRAWN
C. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
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.
Chris Craft appeared before the Council.
D. ADJOURN (7:25 p.m.)
9
CITY OF ROANOKE
CITY COUNCIL
2 15 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
William D. Bestpitch
Raphael E. "Ray" Ferris
Sherman P. Lea
Anita J. Price
Court G. Rosen
David B. Trinkle
DAVID A. BOWERS
Mayor
October 18, 2010
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
This is to advise you that I will not be in attendance at the 2:00 p.m. and 7:00 p.m.
sessions of Council on Monday, October 18, 2010. Best wishes for a successful
meeting.
Sincerely,
~ ;fi~
Sherman P. Lea
Council Member
/ctw
Office of the Mayor
CITY OF
WHEREAS, the RED RIBBON CAMPAIGN was initiated in 1985 by the
Virginia Federation of Communities for Drug-Free Youth;
and
WHEREAS, the red ribbon was designated as the symbol of intolerance
of illegal drug use and a commitment to a drug-free life style;
and
WHEREAS, RA YSAC (Roanoke Area Youth Substance Abuse Coalition)
and Blue Ridge Behavioral Healthcare will demonstrate their
commitment to a drug-free community by urging the citizens
of Roanoke to display RED, in the form of banners, ribbons
worn as lapel pins, ribbons placed on car antennas, and red
bows placed on mailboxes or on. front doors; and
WHEREAS, a Candlelight Vigil of Remembrance and Hope will be held,at
The Hotel Roanoke and Conference Center on Sunday,
October 31, 2010, to remember those persons whose lives
have been affected by substance abuse.
NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke,
Virginia, do hereby proclaim October 24 - October 30, 2010, throughout
this great AI/-America City, as
RED RIBBON WEEK.
Given under our hands and the Seal of the City of Roanoke this
eighteenth day of October in the year two thousand and ten.
ATTEST:
~.YYIt.~
. Stephanie M. ~n
City Clerk
Office of the Mayor
CITY OF
WHEREAS, we recognize that for Americans with disabilities, employment is a
fundamental to independence, empowerment and quality of life;
WHEREAS, the United States Congress, by joint resolution of August 11,1945,
as amended (36 U.S.c. 121), has designated October of each year as NATIONAL
'DISABILITY EMPLOYMENT AWARENESS MONTH;
WHEREAS, the Americans with Disabilities Act of 1990 (ADA) is designed to
remove barriers and enable individuals with disabilities to full participation in
society;
WHEREAS, the Mayor's Committee for People with Disabilities, a volunteer
group of citizens and business leaders, with and without disabilities, formed
originally in 1969 as "The Mayor's Committee on Employment of the
Handicapped" continues to work diligently to improve the lives of individuals
with disabilities;
WHEREAS, the City of Roanoke continues to work with the Mayor's Committee
forPeople with Disabilities and other Roanoke Valley organizations and citizens:
. to improve the physical, psychological, social and spiritual well-being of
persons with disabilities in the community;
. to educate the public about resources available to make the most of the
potential of individuals with disabilities;
. to recognize the value of employees with disabilities and their employers
through special programs and activities throughout the y~ar; and
. to uphold the fundamental commitment of justice and equality for all
people; and
'f
NOW, THEREFORE, I, David A Bowers, Mayor of the City of Roanoke,
Virginia, do hereby proclaim October 2010, throughout this great All-America
City, as
DISABILITY EMPLOYMENT AWARENESS MONTH.
Given under our hands and the Seal of the City of Roanoke this, eighth day of
October in the year two thousand and ten.
AITEST:
~hanrr:~~
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
October 20,2010
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
This is to advise you that Sherman M. Stovall has qualified as Assistant City Manager
for Operations of the City of Roanoke, effective November 1, 2010.
Sincerely,
J#~ht.~~
Stephanie M. rvJoon, CMC '
City Clerk
SMM:ctw
pc: Jonathan E. Craft, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Sherman M. Stovall, 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 Assistant City Manager for Operations for the City of Roanoke, effective
November 1, 2010, according to the best of my ability (So help me God).
~Jf()A~1 fY)~ ~()j
Subscribed and sworn to before me this 1 day of {)1'jtJ' 2010.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BI1f~~ /.LJb, 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: chirk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
, October 20, 2010
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 A. Damon Williams has qualified as a Director of the Economic
Development Authority, for a term of office commencing October 21, 2010 and ending
October 20,2014.
Sincerely,
!:fJJ ~ hJ.. fyyJ0y0
Stephanie M. Moon, CMC L
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Allen D. Williams, 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 Director of the Economic Development Authority for a term
commencing October 21,2010, and ending October 20,2014, according to the best of my
ability (So help me God).
.~.
Subscribed and sworn to before me this ~ay of /Jj;- 2010.
BRENDA S. HAMILTON, CLERK
L:\CLERK\DAT A\CKSMl\Oaths\Economic Development AuthorityWlen D. Wiliams oath. doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
STEPHANIE M. MOON,CMC
City Clerk
Candace R. Martin, Secretary
Architectural Review Board
Roanoke, Virginia
Dear Ms. Martin:
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
October 20, 2010
This is to advise you that Barbara A. Botkin has qualified as a member of the Architectural
Review Board for a four-year term 'of office ending October 1,2014.
Sincerely,
~.~~'}-y;. hi {}UYv
Stephanie M. Moon, CMC. ~
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
6~uJ!~
Subscribed and sworn to before me this!}' '11'ay Of.01 O.
OF THE CIRCUIT COURT r
~~
L:\CLERK\DA T A\CKSM 1 \Oaths\Architectural Review Board\Barbara A Botkin oath,doc
BID FORM
FOR A LEASE AGREEMENT TO LEASE AND RENOVATE THE
HISTORIC CITY MARKET BUILDING PROPERTY
RESPONSIBILITY OF BIDDER: It is the sole responsibility of the bidder to assure that its
bid is delivered to the place designated for receipt of bids prior to the time set for receipt of bids.
No bids received after the time designated for receipt of bids will be considered.
BID DUE DATE. TIME AND DELIVERY OF BID: All bids are due on or before noon local
time, Monday, October 18, 2010, and are to be delivered to the address listed below. The
completed Bid Form, together with any other documents the bidder wishes to submit, should be
enclosed in a sealed envelope and addressed as follows:
Council of the City of Roanoke
c/o Office of the City Clerk, Room 456
Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Place in front lower left-hand corner of envelope and on the back of the envelope in bold letters
the following title: Bid for Execution of an Agreement to Lease and Renovate the Historic
City Market Building, to be Opened at the City Council Meeting held at Council Chambers
on October 18, 2010.
Date: October 18, 2010
Market Building Partners, LP proposes and agrees, if its Bid
(Legal Name of Bidder)
is accepted, to enter into and be bound by the Lease Agreement to renovate, use and operate the
City Market Building, and Lease Buy-Out Option Agreement, copies of which are on file in the
Office of the City Clerk for the City of Roanoke, 456 Noel C. Taylor Municipal Building, 215
Church Avenue, S.W., Roanoke, VA 24011. Furthermore, the undersigned bidder warrants that
it can and will comply with the provisions of such Lease Agreement.
Bid: Lease and renovation of the City Market Building as set forth in the Lease Agreement and
Lease Buy-Out Option Agreement for the City Market Building, and any documents referenced
therein, with rent of OnP and ~/100 Dollars ($ 1.00 )
per year, paid in forty (40) annual payments; and the commitment to expend the funds necessary
to renovate and equip the City Market Building as set forth in: (I) the construction contract dated
June 22, 2010, between the City and Martin Bros. Contractors, Incorporated (d/b/a MB
Contractors, Inc.) (as amended); (2) the architectural and engineering contract for professional
services dated January 29, 2009, between the City and Cunningham+Quill Architects, PLLC, as
amended (the "A&E Contract"); (3) the environmental inspection and testing services contract
dated September 9, 2010, between the City and ECS - Mid-Atlantic, LLC; (4) the contract for
LEED commissioning services dated April 19, 2010 between the City and 2rw Consultants, Inc.;
(5) the contract for architectural historian services dated November 3, 2009, between the City
Page 1 of 2
7965/27 /3378562v6
and Hill Studio, P.c., (as amended); and (6) any other associated contracts or expenses incurred
by the City related to services to be provided to the Project.
AMOUNT BIDDER PROPOSES TO EXPEND TO SATISFY RENOV ATION
REQUIREMENTS UNDER THE LEASE: up to $10,000,000
Bid Term: Forty (40) years, commencing on October 19, 2010, and ending on October 18,2050,
unless sooner terminated as provided for in the Lease Agreement or by law.
Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for
this matter.
State bidder's complete legal name and Identification Number, exactly as they are recorded with
the Virginia State Corporation Commission (SCC), or the complete legal name of bidder if it is
not a corporation or other entity registered with the SCC.
LEGAL NAME OF BIDDER: Market Building Partners, LP
SCC IDENTIFICATION NUMBER:
L020364-8
\
BY: Mer~
Dougla C. Waters' .
(Printed Name)
TITLE:
M;::mr:lly=>r, J\1;:=lrkpt RIl; lClinl) GP, lie
(Printed Title)
STREET ADDRESS: 204 S. Jefferson Street, Suite 9
MAILING ADDRESS: ?04 ~ ,Tpffprc::nn C:::t-rppt-, 811; tp 9
CITY: Roankoke
STATE: Virginia
ZIP CODE: 24011
TELEPHONE: LS4QJ 7Q7-F, 1 F,A
FAX: (t)40 ) Q04-h 1 qt) (r'Q 11 f; rs:t )
Email: dougwaters@yahoo.com
Each bidder should submit as part of its bid a short narrative statement describing the following:
See attached Schedule
~
· The financial ability of the bidder to accomplish the Project.
· The bidder's commitment to the goals for use of the Building.
· The bidder's plan to implement the City's goals for the Building.
· Any changes requested to the proposed Lease Agreement.
Page 2 of 2
7965/27/3378562v6
SCHEDULE TO BID FORM
In accordance with the advertisement for invitation for bids published October 3 and 10,
2010 by Stephanie M. Moon, City Clerk of the City Council of the City of Roanoke, Virginia,
we attach this Schedule to the Bid Form of Market Building Partners, LP, a Virginia limited
partnership (the "Project Partnership) and are responding to the request set out in the
advertisement by referencing the text of the advertisement inviting the response (numbers
corresponding to the Advertisement for Bids permitting Items 4,5,6 and 7 to be submitted as
short narrative statements:
4. The financial ability of the bidder to accomplish the Project.
The Project Partnership proposes to enter into agreements with the City of Roanoke and
the Economic Development Authority of the City of Roanoke to which will provide ample funds
to renovate and equip the building as set forth not only in the Construction Contract dated June
22, 2010 but in the other contracts which have been let by the City and which are to be assigned
to the successful bidder.
The Project Partnership is fully prepared to accept assignment of and to perform under
the Construction Contact and the other contracts which the City has let with regard to the
renovation of the Roanoke City Market Building, including, but not limited to architectural,
engineering, environmental and other contracts. The Project Partnership, in conjunction with the
Market Building Foundation, Inc. and its Directors, have been studying the plans for the
renovation of the Roanoke City Market Building and its role in the economic development of the
Downtown Roanoke area, and is fully familiar with and support the City's plans for the Roanoke
City Market Building
5. The bidder's commitment to the goals for use of the Building.
The Project Partnership intends to maintain the unique local flavor ofthe tenants in the
Roanoke City Market Building knowing full well how critical it is to maintain the diversity and
uniqueness that makes the Roanoke City Market Building the magnet that it is. The people
associated with the Project Partnership either live or work in Downtown Roanoke and each
brings a diverse perspective to the responsibility of renovating and operating the Roanoke City
Market Building.
6. The bidder's plan to implement the City's goals for the Building.
The Project Partnership has a good working relationship with both the City staff and the
Market Building Foundation Inc. and expects to cooperate with the City and the Foundation to
operate the Roanoke City Market Building in a manner consistent with the building's history and
supportive of the significant needs and concerns of downtown stakeholders.
The Project Partnership will cooperate with the City and the Market Building
1
~
Foundation to operate the Market Building in a manner consistent with the Roanoke City Market
Building's history and supportive of the significant needs and concerns of Downtown
stakeholders.
The Project Partnership will renovate the Roanoke City Market Building in compliance
with all requirements of the Interior Department's "Standard for Rehabilitation," the National
Park Service, and the Virginia Department of Historic Resources.
The Project Partnership agrees to enter into agreements substantially in conformance with
the proposed Lease Agreement for the Market Building and the Lease Buy-Out Option
Agreement.
7. Any changes requested in the proposed Lease Agreement.
None.
Summary of information:
1. The legal name of the entity submitting the bid: Market Building Partners, LP.
2. The amount of investment the bidder proposes to make in renovation of the Building:
Up to Ten Million Dollars, and the time period within which such renovation will be
made: by July 1,2011.
3. The annual lease payment proposed to be made to the City: One Dollar ($1.00)
4. The financial ability of the bidder to accomplish the Project: The Project Partnership
is financially able due to the commitment on the part of the City as well as the
Economic Development Authority to provide the funds to accomplish the Project.
5. The bidder's commitment to the goals for use of the Building: the Project Partnership
is committed to maintain the unique local flavor of the tenants.
6. The bidder's plan to implement the City's goals for the Building: The Project
Partnership proposes to operate the Market Building in a manner consistent with the
Market Building's history and supportive of the significant needs and concerns of
downtown stakeholders.
7. Any changes requested to the proposed Lease Agreement: None
8. The Identification Number ofthe Project Partnership: L020364-8
2
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
JONATHAN E, CRAFT
Deputy City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
October 20,2010
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
I am attaching a copy of the presentation regarding the Route 419 Corridor Plan, which
was shared with the Council by Jake Gilmer, representative of the Roanoke Valley-
Alleghany Regional Commission, at the regular meeting of the Council held on Monday,
October 18, 2010.
The matter was referred to you for review and recommendation to the Council
Sincerely,
~m.mtitW
Stephanie M. Moon, CMC C
City Clerk
Attachment
L:\CLERK\DATA\CKSM1\Agen~a Correspondence\October 18,2010 correspondence.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
October 18, 2010
Council Members
William D. Bestpitch
Raphael E. "Ray" Ferris
Sherman P. Lea
Anita 1. Price
Court G. Rosen
David B. Trinkle
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
We jointly sponsor a request of Roanoke Valley Alleghany Regional Commission
to present information with regard to the Route 419 Corridor Plan at the regular
meeting of City Council to be held on Monday, October 18, 2010, at 2:00 p.m.
Sincerely,
Vice-Mayor
~~
Court G. Rosen
Council Member
DBT/CGR:ctw
pc: Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Stephanie M. Moon, City Clerk
, .
,
10/18/2010
1
10/18/'10
2
,
1- - --
Vision & Goals for the Corridor
Route 419 will provide safe and efficient mobility for
drivers, pedestrians, bicyclists, and transit
riders, while providing adequate access to businesses
and residential areas.
1. Alleviate traffic congestion
2. Cooperate regionally
3. Reduce traffic accidents
4. Provide bicycle & pedestrian accommodations
5. Improve connectivity between goals I
6. Provide enhanced transit service I
7. Protect & enhance streetscape I
8. Improve traffic operations I:
9. Identify improvements
10. Consider effects of transportation decisions i
_ __ __ __ ___ ______ __ ____ ____ __ __n__~
10/18/2010
3
10/18/2010
,
4
,
:+i
LEGEND ~
c:::J
CJ
- ~
"
EDroilno ADT ~
,..."'"
10/18/2010
5
1m ~O~~e4~9 a-nd us 220 ~eco~lTl~nd~~i~~~ -1
I I
1
j
LEGEND
I I
~~~~~1>..":f:'~ ':).'.l'~ol-;'.".;;gl::':?:31Z:i'~~~rnt.~~~'j'.(,::':ii"'~i~~~1~W~~'~':1'~,-J:'~~~'.'M.""Pl
--+ Existing Laneage
-:-::;.- Proposed Laneagel'Nidening
X X X Remove
(I-
~
=
A Repair Guardrail
o Drainage Ditch Improvements
)-( Emergency Railroad Preemption
E3 Restripe Intersection
I
r::- D .~O':"'CY e'or
( L..... i<-oI
1 I',C.... _ r.OD FFFT
Install Intersection lighting
Pedestrian Improvements
Upgrade to Mast Arm
Segment 9: Corridor I Figure I
Recommendations
4.9
J.:\~J:'~;:i"'1I.';:J':'{:~~';,t~~;2'..:,.;"~t'\1~:~~~lU'l'l\i';;rn~',j'l.'J:i,~'~~,,~~~~'~'''>k.l:'.':;n'~':':':l:,N'.:;::!''~'''''''''_\ ,..,. ""........ .."' .'c....,. .""''''0''' ,". ~".," Ir ".\0 '"""H>' .'".~"" "" ,..,,'U"'" HI '''''N.''' ",..,.., ..", .",.." ""'CO" ";"",Ol".'~~ ."',
r:J=n ~:":l."l'"
ROUTE 419
RECOMMENDED IMPROVEMENTS
10/18/2010
,
6
"~l
..)
'\
,
-"
- -- u_ - -- -- -- - - - -- H - - - n u - l
I Lewis Gale Hospital Vicinity .
FlgurtS.l1 ~rom~~/m~~ntJ.~~(1tS
LEGEND
--+ Existing Lanaage
-:.-::;- Proposed LaneageM'idening
X XX Remove
~ Repair Guardrail
.~;:. Drainage Ditch Improvements
~~,;>'\ Emergency Railroad Preemption
E3 Restrtpe Intersecticm
Proposed Sidewalk
Install lntersoclion lighting
Pedestrian lmprovemenbi
Upgrade to Mast Arm
~
i)
<S>
=
L~
'I r.,CI, - ';(I1l FTTT
I::J=~ ~=t'''lnc.
ROUTE 419
RECOMMENDED IMPROVEMENTS
Segment 5: Corridor
Recommendations
LEGEND
--+ Existing Lammge
-:."":.- Proposed LaneagalVVidening
X X X Remove
Proposed Sidewalk
Inslalllnlarsoction Lighting
Pedestrian Improvernenls
Upgrade 10 Mast Arm
IJ. Repair Guardrail
o Drainage Ditch Improvements
:~~t Ern8l'gency Railroad Praemplion
8 Restrtpe Intersection
~
i)
<S>
=
L~
'I t-CJ- - ~OD fTFT
~~
l::J=n ~=~te"lnc,
ROUTE 419
RECOMMENDED IMPROVEMENTS
Segment 6: Corridor
Recommendations
10/18/2010
7
li,' '.' R~,~u,t,e 61 ~'~,2,'_P~9 p~..,~JL ei~lig~merits'
,I :'r. \' ", '~ '
" ,'_ ., ~ C"r o!RollIlO~6
\t,e'L' ';'~I'F'!>';, ,
..";'~~ ~;":-,
,--',!
< .~{.
, "~:',~:,'.,\:--.,
~j~~;:~j9\~~~>
~ :.:;.::""~._,,})<,
::;::=-L
o -,-~, I
o ::=.':: i
. _,OM..' I
_TfMoA_ I
· ~-S::,~. I,
f') ..-"....... t
i3 ;:-":::':- V'"
".,,'-~ I
::;...=:" !
~--,,_...-
k.~ 1'>'Ioy","""
_COy,.....
"""'~..l_
is: 0.,._
I,
f.' ,
i. \,
:~~_,x__~:~",;;,:,J..:_:_,-,.., ..
@"""",,,,~~.o..' ~
",
10/18/2010
,/;
\..'
8
,
10/18/2010
9
~<
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2010.
No. 38967-101810.
A RESOLUTION accepting the State Criminal Alien Assistance Program (SCAAP) grant
from the Bureau of Justice Assistance Office of Justice Programs, and authorizing execution of
any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke does hereby accept the State Criminal Alien Assistance
Program (SCAAP) grant from the Bureau of Justice Assistance Office of Justice Programs in the
amount of $14,439 upon all the terms, provisions and conditions relating to the receipt of such
funds. The grant is more particularly described in the letter of Sheriff Octavia Johnson to
Council, dated October 18, 2010.
2. The Sheriff, the City Manager and the City Clerk are hereby authorized to
execute, seal, and attest, respectively, the grant agreement and all necessary documents required
to accept the grant, all such documents to be approved as to form by the City Attorney.
3. The Sheriff is further directed to furnish such additional information as may be
required in connection with the City's acceptance of this grant.
ATTEST:
~ m. motW
. City Clerk. l
I
t(
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2010.
No. 38968-101810.
AN ORDINANCE to appropriate funding from the Federal government for the
State Criminal Alien Assistance Program (SCAAP), amending and reordaining certain
sections of the 2010-2011 Grant Fund Appropriations, and dispensil)g 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 2010-2011 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Vehicular Equipment
Revenues
SCAAP FY 11
35-140-5904-9010
$14,439
14,439
35-140-5904-5904
./
Pursuant to the provisions of Section 120f the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~m.h\\)iW
City Clerk. '--
- .
, '
ROANOKE SHERIFF'S OFFICE
()~j~, ~~
October 18, 2010
Honorable David A. Bowers, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable Raphael E. Ferris, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable Sherman P. Lea, Council Member
Dear Mayor Bowers and Members of Council:
Subject: SCAAP Reimbursement Grant
The State Criminal Alien Assistance Program (SCAAP) is administered by the
Bureau of Justice Assistance Office of Justice Programs in conjunction with the
U.S. Department of Homeland Security. SCAAP provides federal payments to
states and localities that incurred correctional officer salary costs for
incarcerating undocumented criminal aliens who have at least one felony or two
misdemeanor convictions for violations of state or local law. These guidelines
apply to those individuals who were incarcerated for at least 4 consecutive days
during the reporting period.
On September 30,2010, the Sheriff's Office was awarded $14,439 in grant
funding. There is no required match for this program. In order to comply with
grant requirements, all awarded funding will be used to partially fund the
purchase of a new van. The new van will replace an older model in the fleet and
will be utilized to transport offenders.
Recommended Action:
Accept the SCAAP Reimbursement Grant described above and authorize the
City Manager to execute the grant agreement and any related documents; such
documents to be approved as to form by the City Attorney.
In addition, aQopt the accompanying budget ordinance to establish a revenue
estimate in the amount of $14,439 and to appropriate the same in an account to
be established in the Grant Fund by the Director of Finance.
P.O. Box 494 Roanoke, VA 24003, 540.853.2941, fax 540.853.5353
Oc via L. Johnso
Sheriff
OLJ:dkb
cc: Christopher P. Morrill, City Manager
Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager
Sherman M. Stovall, Director of Management and Budget
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Su bject:
Honorable Mayor and Members of City Council
October 18, 2010
SCMP Reimbursement Grant
I concur with the recommendation from Octavia L. Johnson, Sheriff for the City
of Roanoke, with respect to the subject referenced above. I recommend that
City Council accept the State Criminal Alien Assistance Program (SCAAP)
Reimbursement Grant and authorize the City Manager to execute the grant
agreement and any related documents; such documents to be approved as to
form by the City Attorney. I further recommend adopting the accompanying
budget ordinance to establish a revenue estimate in the amount of $14,439 and
to appropriate the same in an account to be established in the Grant Fund by
the Director of Finance.
CHRISTOPHER P. MORRILL
City Manager
Distribution: Council Appointed Officers
y?L
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2010.
No. 38969-101810.
A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce
Investment Act grant in the amount of$640,114, and authorizing the City Manager to execute the
requisite documents necessary to accept the funding.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Western Virginia Workforce Development Board Workforce Investment Act
grant in the amount of$640, 114, with no local match from the City, to be used during Program Year
2010 (July 1, 2010 through June 30, 2012), for the purpose of administering the Workforce
Investment Act (WIA) Programs for certain WIA client populations, as more particularly set out in
the City Manager's Report dated October 18, 2010, to City Council, is hereby ACCEPTED.
2. The City Manager is authorized to execute and file, on behalf of the City, any
,
documents required to accept such grant, in a form approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information as may be
required in connection with the acceptance of the foregoing grant.
'j
ATTEST:
~~r;n' '10 OW
<
"
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2010.
No. 38970-101810_
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for
the FY11 Workforce Investment Act Grant, amending and reordaining certain sections of
the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2010-2011 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations .
Administrative - Regular Employee Wages
Administrative - Temporary Employee Wages
Administrative - City Retirement
Administrative - FICA
Administrative - Medical Insurance
Administrative - Dental Insurance
Administrative - Life Insurance
Administrative - Disability Insurance
Administrative - Dues and Memberships
Administrative - Training and Development
Administrative - Local Mileage
Administrative - Food
Administrati~e - Business Meals and Travel
Administrative - Equipment Rental
Administrative - Other Rental
Administrative - Marketing
Administrative - Supplies
Administrative - Insurance
Administrative - Leases
Administrative - Equipment
Administrative - Miscellaneous
Administrative - Telephone
Adult - Regular Employee Wages
Adult - Temporary Employee Wages
Adult ~ City Retirement
Adult - FICA
Adult - Medical Insurance
35-633-2370-1002
35-633-2370-1004
35-633-2370-1105
35-633-2370-1120
35-633-2370-1125
35-633-2370-1126
35-633-2370-1130
35-:633-2370-1131
35-633-2370-2042
35-633-2370-2044
35-633-2370-2046
35-633-2370-2060
35-633-2370-2144
35-633-2370-3070
35-633-2370-3075
35-633-2370-8053
35-633-2370-8055
35-633-2370-8056
35-633-2370-8058
35-633-2370-8059
35-633-2370-8060
35-633-2370-8090
35-633-2371-1002
35-633-2371-1004
35-633-2371-1105
35-633-2371-1120
35,.633-2371-1125
$ 26,021
8,607
4,012
2,648
1,741
108
196
75
893
775
940
310
1,968
465
271
5,463
1,551
1,034
4,183
1,551
115
1,084
901
95
139
76
66
Adult - Dental Insurance
Adult - Life Insurance
Adult - Disability Insurance
Adult - Training and Development
Adult - Local Mileage
Adult - Food
Adult - Business Meals and Travel
Adult - Equipment Rental
Adult - Other Rental
Adult - Marketing
Adult - Supplies
Adult - Contract Services
Adult - Leases
Adult - Equipment
Adult - Miscellaneous
Adult - Telephone
Dislocated Worker - Regular Employee Wages
Dislocated Worker - Temporary Employee Wages
Dislocated Worker - City Retirement
Dislocated Worker - FICA
Dislocated Worker - Medical Insurance
Dislocated Worker":' Dental Insurance
Dislocated Worker - Life Insurance
Dislocated Worker - Disability Insurance
Dislocated Worker - Training and, Development
Dislocated Worker - Local Mileage
Dislocated Worker:"" Food
Dislocated Worker - Business Meals and Travel
Dislocated Worker - Equipment Rental
Dislocated Worker - Other Rental
Dislocated Worker - Marketing
Dislocated Worker - Supplies
Dislocated Worker - Contract Services
Dislocated Worker - Leases
Dislocated Worker - Equipment
Dislocated Worker - Miscellaneous
Dislocated Worker - Telephone
Youth in School - Regular Employee Wages
Youth in School- Temporary Employee Wages
Youth in School - City Retirement
Youth in School - FICA
Youth in School - Medical Insurance
Youth in School - Dental Insurance
Youth in School - Life Insurance
Youth in School- Disability Insurance
Youth in School - Training & Development
35-633-2371-1126
35-633-2371-1130
35-633-2371-1131
35-633-2371-2044
35-633-2371-2046
35-633-2371-2060
35-633-2371-2144
35-633-2371-3070
35-633-2371-3075
35-633-2371-8053
35-633-2371-8055
35-633-2371-8057
35-633-2371-8058,
35-633-2371-8059
35-633-2371-8060
35-633-2371-8090
35-633-2372-1002
35-633-2372-1004
35-633-2372-1105
35-633-2372-1120
35-633-2372-1125
35-633-2372-1126
35-633-2372-1130
35-633-2372-1131
35-633-2372-2044
35-633-2372-2046
35-633-2372-2060
35-633-2372-2144
35-633-2372-3070
35-633-2372-3075
35-633-2372-8053
35-633-2372-8055
35-633-2372-8057
35-633-2372-8058
35-633-2372-8059
35-633-2372-8060
35-633.,.2372-8090
35-633-2373-1002
35-633-2373-1004
35-633-2373-1105
35-633-2373-1120
35-633-2373-1125
35-633-2373-1126
35-633-2373-1130
35-633-2373-1131
35-633-2373-2044
$ 4
7
3
13
17
5
34
8
5
101
27
61,283
73
27
3
19
3,271
373
504
279
243
15
25'
9
49
61
20
124
30
17
369
98
125,932
266
98
7
69
4,267
546
658
368
321
20
32
12
65
Youth in School- Local Mileage'
Youth in School' ~ Food
Youth in School - Business Meals and Travel
Youth in School - Equipment Rental
Youth in School - Other Rental
Youth in School - Marketing
Youth in School - Supplies
Y Quth in School - Contractual Services
Youth in School - Leases
Youth in School- Equipment
Youth in School- Miscellaneous
Youth in School- Telephone
Youth out of School - Regular Employee Wages
Youth out of School- Temporary Employee Wages
Youth out of School - City Retirement
Youth out of School- FICA
Youth out of School- Medical Insurance
Youth out of School- Dental Insurance
Youth out of School- Life Insurance
Youth out of School - Disability Insurance
Youth out of School - Training & Development
Youth out of School- Local Mileage
Youth out of School - Food
Youth out of School- Business Meals and Travel
Youth out of School- Equipment Rental
Youth out of School - Other Rental
Youth out of School - Marketing
Youth out of School- Supplies
Youth out of School - Contractual Services
Youth out of School - Leases
Youth out of School- Equipment
Youth out of School - Miscellaneous
Youth out of School- Telephone
Revenues
Workforce Investment Act Grant FY11
35-633-2373-2046
35-633-2373-2060
35-633-2373-2144
35-633-2373-3070
35-633-2373-3075
35-633-2373-8053
35-633-2373-8055
35-633-2373-8057
35-633-2373-8058
35-633-2373-8059
35-633,.2373-8060
35-633-2373-8090
35-633-2374-1002
35-633-2374-1004
35-633-2374-1105
35-633-2374-1120
35-633-2374-1125
35-633-2374-1126
35-633-2374-1130
35-633-2374-1131
35-633-2374-2044
35-633-2374-2046
35-633-2374-2060
35-633-2374-2144
35-633-2374-3070
35-633-2374-3075
35-633-2374-8053
35-633-2374-8055
35-633-2374-8057
35-633-2374-8058
35-633-2374-8059
35-633-2374-8060
35-633-2374-8090
35-633-2370-2370
$ 80
26
163
39
23
488
130
259,117
351
130
10
91
1,765
273
272
156
136
8
13
5
28
32
11
72
17
10
207
55
111,096
149
55
2
39
640,114
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~.h7.YYJDWU
City Clerk. L
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Su bject:
Honorable Mayor and Members of City Council
October 18, 2010
Funding for Western Virginia Workforce Development Board
Workforce Investment Act (WIA) Programs
Background:
The City of Roanoke is the grant recipient for Workforce Investment Act (WIA)
funding, thus, City Council must appropriate the funding for all grants and
other monies received in order for the Western Virginia Workforce Development
Board to administer WIA programs. The Western Virginia Workforce
Development Board administers the federally funded Workforce Investment Act
(WIA) for Area 3, which encompasses the counties of Alleghany, Botetourt,
Craig, Franklin and Roanoke, and the cities of Covington, Roanoke, and Salem.
WIA funding is for four primary client populations:
"-
· Dislocated workers who have been laid off from employment through no
fault of their own;
· Economically disadvantaged individuals as determined by household
income guidelines defined by the U.S. Department of Labor;
· Youth who are economically disadvantaged, or who have other barriers to
becoming successfully employed adults; and
· Businesses in need of employment and job training services.
The Western Virginia Workforce Development Board has received a Notice of
Obligation (NOO), from the Virginia Community College System, allocating
$69,895 for the Adult Program which serves economically disadvantaged
adults, $146,510 for the Dislocated Worker Program which serves workers laid
off from employment through no fault of their own and $423,709 for the Youth
Program which serves economically disadvantaged/barrier youth for Program
Year 2010 Uuly 1, 2010 - June 30, 2012). Ten percent of the aforementioned
totals are to be allocated to the administrative function of the Western Virginia
Workforce Development Board.
Considerations:
· Program Operations - Existing activities will continue and planned,
programs will be implemented.
· Funding - Funds are available from the Grantor agency and other sources
as indicated, at no additional cost to the City.
Recommended Action:
Accept the Western Virginia Workforce Development Board Workforce
Investment Act funding of $640,114 for Program Year 2010, and appropriate
the funding, in accounts to be established in the Grant Fund by the Director of
Finance. Establish corresponding revenue estimates in the Grant Fund as well.
Attached to this letter is a listing of the accounts and amounts for the above
Program Year 2010 appropriations.
/j/) '-1-_1 P ~
~-------------
CHRISTOPHER P. MORRILL '
City Manager
Distribution:
Council Appointed Officers
Assistant City Manager for Community Development
Director of Human/Social Services
2
Western Virginia Workforce Development Board 2010-2012 Budget Allocation
Unit
Name
Admininstrative
Fund/Department!
Unit
35-633-2370
Total
Unit
Name
Fund/Department!
Unit
35-633-2371
Adult
Total
Object Account
Code Name
1002 Regular Employee Salaries $
1004 Temporary Employee Wages $
1120 Fica $
1105 C~y Retirement $
~ ,125 Medical Insurance $
1130 Life Insurance $
1131 Disability Insurance $
1126 Dental Insurance $
2010 Fees For Professional Service $
8053 Marketing $
8055 Supplies $
8090 Telephone $
8058 Leases $
8059 Equipment $
2144 Business Meals & Travel $
2044 Training & Development $
2046 Local Mileage $
2060 Food $
8056 Insurance $
8057 Contract Services $
8060 Miscellaneous $
3070 Equipment Rental/Lease $
3075 Other Rental $
2042 Dues & Memberships $
$
Object Account
Code ~
1002 Regular Employee Salaries
1004 Temporary Employee Wages
1120 Fica
11 05 C~y Retirement
1125 Medical Insurance
1130 Life Insurance
1131 Disabil~y Insurance
1126 Dental Insurance
8053 Marketing
8055 Supplies
8090 Telephone
8058 Leases
8059 Equipment
2144 Business Meals & Travel
2044 Training & Development
2046 Local Mileage
2060 Food
8057 Contract Services
8060 Miscellaneous
3070 Equipment Rental/Lease
3075 Other Rental
Allocation
26,021
8,607
2,648
4,012
1,741
196
75
108
5,463
1,551
1,084
4,183
1,551
1,968
775
940
310
1,034
115
465
271
893
64,011
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Allocation
901
95
76
139
66
7
3
4
101
27
19
73
27
34
13
17
5
61,283
3
8
5
62,906
Unit
Name
Dislocated Worker
Total
Unit
Name
Youth In School
Total
Fund/Department! Object Account
Unit Code Name
35-633-2372 1002 Regular Employee Salaries $
1004 Temporary Employee Wages $
1120 Fica $
1105 City Retirement $
1125 Medical Insurance $
1130 Life Insurance $
1131 Disability Insurance $
1126 Dental Insurance $
8053 Marketing $
8055 Supplies $
8090 Telephone $
8058 Leases $
8059 Equipment $
2144 Business Meals & Travel ' $
2044 Training & Development $
2046 Local Mileage $
2060 Food $
8057 Contract Services $
8060 Miscellaneous $
3070 Equipment Rental/Lease $
3075 Other Rental $
$
Fund/Department!
Unit
35-633-2373
Object Account
Code Name
1002 Regular Employee Salaries
1004 Temporary Employee Wages
11 20 Fica
1105 City Retirement
1125 Medical Insurance
1130 Life Insurance
1131 Disability Insurance
1126 Dental Insurance
8053 Marketing
8055 Supplies
8090 Telephone
8058 Leases
8059 Equipment
2144 Business Meals & Travel
2044 Training & Development
2046 Local Mileage
2060 Food
8057 Contract Services
8060 Miscellaneous
3070 Equipment Rental/Lease
3075 Other Rental
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Allocation
3,271
373
279
504
243
25
9
15
369
98
69
266
98
124
49
61
20
125,932
7
30
17
131,859
Allocation
4,267
546
368
658
321
32
12
20
488
130
91
351
130
163
65
80
26
259,117
10
39
23
266,937
Unit Fund/Department!
Name Unit
Youth Out of School 35-633-2374
Total
Total Units
Object Account
Code Name
1002 Regular Employee Salaries
1004 Temporary Employee Wages
1120 Fica
1105 City Retirement
1125 Medical Insurance
1130 Life Insurance
1131 Disability Insurance
1126 Dental Insurance
8053 Marketing
8055 Supplies
8090 Telephone
8058 Leases
8059 Equipment
2144 Business Meals & Travel
2044 Training & Deve!opment
2046 Local Mileage
2060 Food
8057 Contract Services
8060 Miscellaneous
3070 Equipment Rental/Lease
3075 Other Rental
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Allocation
1,765
273
156
272
136
13
5
8
207
55
39
149
55
72
28
32
11
111 ,096
4
17
10
114,401
$
640,114
~?L
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2010.
No. 38971-101810.
A RESOLUTI ON accepting the Western Virginia Workforce Development Board Workforce
Investment Act grant in the amount of $57,988, and authorizing the City Manager to execute the
requisite documents necessary to accept the funding.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Western Virginia Workforce Development Board Workforce, Investment Act
grant in the amount of$57,988, with no local match from the City, for the purpose of administering
the Dislocated Worker Program Rapid Response for the period of September 1,2010, to September
30, 2011, for certain WIA client populations, as more particularly set out in the City Manager's
Report dated October 18, 2010, to City Council, is hereby ACCEPTED.
2. The City Manager is authorized to execute and file, on behalf of the City, any
documents required to accept such grant, in a form approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information as may be
required in connection with the acceptance ofthe forego~g grant.
ATTEST:
~h-).~~
City Clerk.
L.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2010.
Ne. 38972-101810.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for
the Workforce Investment Act FY11 Dislocated Worker Rapid Response Grant, amending
and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2010-2011 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Contractual Services
Revenues
WIA Dislocated Worker Rapid Response FY11
, 35-633-2375-8057 $ 57,988
35-633-2375-2375 57,988
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~ 'rr). h\()~
City Clerk. l
CITY COUNCIL AGENDA REPORT
To:
, Meeting:
Subject:
Honorable Mayor and Members of City Council
October 18, 2010
Funding for Western Virginia Workforce Development Board
Workforce Investment Act (WIA) Programs - Dislocated Worker
Rapid Response
Backg rou nd:
The City of Roanok.e is the grant recipient for Workforce Investment Act (WIA)
funding, thus, City Council must appropriate the funding for all grants and
other monies received in order for the Western Virginia Workforce Development
Board to administer WIA programs. The Western Virginia Workforce
Development Board administers the federally funded Workforce Investment Act
(WIA) for Area 3, which encompasses the counties of Alleghany, Botetourt,
Craig, Franklin and Roanoke, and the cities of Covington, Roanoke, and Salem.
WIA funding is for four primary client populations:
· Dislocated workers who have been laid off from employment through no
fault of their own; ,
· Economically disadvantaged individuals as determined by household
income guidelines defined by the U.S. Department of Labor;
'. Youth who are economically disadvantaged, or who have other barriers to
becoming successfully employed adults; and
. Businesses in need of employment and job training services.
The Western Virginia Workforce Development Board has received a Notice of
Obligation (NOO), from the Virginia Community College System, allocating
$ 5 7,988 for Dislocated Worker Program Rapid Response for September 1 , 2010
to September 30, 2011 .
Considerations:
· Program Operations - Existing activities will continue and planned
programs will be implemented.
· Funding - Funds are available from the Grantor agency and other sources
as indicated, at no additional cost to the City.
Recommended Action:
Accept the Western Virginia Workforce Development Board Workforce
Investment Act funding of $57,988 for September 1, 2010 to September 30,
2011. And establish a revenue estimate and appropriate the funding to
Contract Services, in the amount of $57,988 in accounts to be established in
the Grant Fund by the Director of Finance.
/7 ~ ....,.... - / fJ. ~
~------------
CHRISTOPHER P. MORRILL
City Manager
Distribution:
Council Appointed Officers
Assistant City Manager for Community Development
Director of Human/Social Services
2
:;;;p
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2010.
No. 38973-101810.
A RESOLUTION authorizing acceptance of an Edward Byrne Memorial Justice
Assistance Grant (JAG) from the U.S. Department of Justice, and authorizing execution of any
required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to accept from the
U.S. Department of Justice, the Edward Byrne Memorial Justice Assistance Grant in the amount
of $152,932, with no local match from the City required, to be used for strengthening and
enhancing law enforcement services. Such grant is more particularly described in the Report of
the City Manager to Council dated October 18, 2010.
2. The City Manager is hereby authorized to execute and file, on behalf of the City,
any documents necessary to accept the grant, in a form approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information as
may be required in connection with'the City's acceptance of this grant.
ATTEST:
~}n. fYJow
City Clerk L
J
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2010.
No. 38974-101810.
AN ORDINANCE to appropriate funding from the Federal government,
Department of Justice, for the Byrne Memorial Justice Assistance Grant (JAG) Program,
amending and reordaining certain sections of the 2010-2011 Grant Fund
Appropriations, and dispensing with the second reading by title of this ordinance. ,
BE IT ORDAINED by the Council of the City of Roanoke that the following
"-
sections of the 2010-2011 Grant Fund Appropriations be, and the' same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Furniture and Equipment
Publications & Subscriptions
Revenues
Byrne/JAG Technology Improve FY11 - Sheriff
, Byrne/JAG Technology Improve FY11 - Police
35-140-5905-9005
35-640-3585-2040
$73,000
79,932
35-140-5905-5905
35-640-3585-3585
73,000
79,932
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
A~ .
~lfk'fhvu-) m. OY)\)i)vv
" City Clerk. ~
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
October 18, 2010
Justice Assistance Grant
Background:
The Edward Byrne Memorial Justice Assistance Grant UAG) program grants
funds to law enforcement agencies to improve efficiencies and or increase the
public safety. In June of this year, the Police Department and Sheriff's Office
together in one application applied for JAG fu nding to provide for technology
enhancements at each department.
On September 9, 2010 the Department of Justice through the Office of Justice
Programs and the Bureau of Justice Assistance awarded the City of Roanoke
$152,932 in JAG funds. These funds will be used by the Police Department to
increase the number of field officers who access the City network
infrastructure, from the in car computer with mobile computer connection
devices. The grant will increase the nu mber of officers with access from 30 to
50 and will fund the connection fees for three years. The funds will allow the
Sheriff's Office to update their ability to monitor, track and record resident and
staff movements within the Roanoke jail, jail annex and courthouse. The funds
will support an upgrade to the video security system infrastructure that records
activity in these areas.
There is no matching fund requirement for this award.
Recommended Action:
Accept the Edward Byrne Memorial Justice Assistance Grant UAG) described
,above. Authorize the City Manager to execute the grant agreement and any
related documents, in such form as approved by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in ,
the amount of $152,932 and appropriate the same to the accounts to be
established in the Grant Fund by the Director of Finance.
Police Department
Publications and Subscriptions
$1'9,932
Sheriff's Office
Furniture and Equipment
$73,000
$'152,932
Total
/7 f} '-1- _I p. ~
-~------------
CHRISTOPHER P. MORRILL
City Manager
Distribution:
Honorable Octavia L. Johnson, City Sheriff
Council Appointed Officers
R. Brian Townsend, Assistant City Manager
Christopher C. Perkins, Chief of Police
\...... ~. r r '
2
\j)C
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2010.
No. 38975-101810.
A RESOLUTION re-establishing membership of the Roanoke Interagency Council.
WHEREAS, by Resolution No. 31301-011193, dated January 11, 1993, this Council
established a community policy and management team for the City of Roanoke pursuant to the
Comprehensive Services Act for At-Risk Youth and Families (CSA), such team being known as
the Roanoke Interagency Council, in compliance with Sections 2.2-5204 and 2.2-5205 of the
Code of Virginia (1950), as amended;
WHEREAS, Resolution No. 31301-011193 was subsequently amended by Resolution
Nos. 34775-050100, 35101-101600, and 36777-071904; and
WHEREAS, the City desires to re-establish the Roanoke Interagency Council to reflect
changes in Council membership, in compliance with Sections 2.2-5204 and 2.2-5205 of the Code
of Virginia (1950), as amended.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Council of the City of Roanoke hereby re-establishes the membership of the
Roanoke Interagency Council, effective October 18, 2010, such membership to be comprised of
persons holding the positions stated below as follows:
"
. An elected or appointed local government representative
. The agency head or their designee for the Community Service Board established
pursuant to Section 37.2-501 of the Code of Virginia (1950), as amended
. The agency head or their designee for the Juvenile Court Service Unit
. The agency head or their designee for the Roanoke Department of Health
. The agency head or. their designee for the Department of Social Services
. The agency head or their designee for the Roanoke City Public Schools
. A private provider of children's or family services
. A parent representative.
~,
2 The Council of the City of Roanoke directs that the City's Director of
Management and Budget, or his designee, will serve as program expenditure monitor for the
Community Policy and Management Team.
3. Resolution Nos. 31301-011193,34775-050100,35101-101600 and 36777-071904
are hereby amended to the extent and only to the extent of any inconsistency with this
Resolution.
ATTEST:
~'rrJ.~~
City Clerk.
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Su bject:
. Honorable Mayor and Members of City Council
October 18, 2010
Membership and Appointment of the Roanoke Interagency
Council
Background:
Section 2.2-5204 of the Code of Virginia (1950), as amended, requires that City
Council appoint a Community Policy and Management Team (CPMT) to oversee
Roanoke's efforts su pporting the Comprehensive Services Act for At-Risk Youth
and Families. Section 2.2-5205 of the Code of Virginia (1950) as amended,
states that the membership of the local CPMT shall include, at a minimum, the
following individuals: \'~'.l
\. .~
· At least one elected official or appointed official, or his designee, from
the governing body;
. The local agency heads or their designees of the following community
agencies:
o Community Services Board;
o Juvenile Cou rt Services Unit;
o Department of Health;
o Department of Social Services; and
o The local School Division.
The team shall also include a representative of a private organization providing
children's or family services and a parent representative.
City Council has previously adopted Resolution No. 31301-011193 to establish
the membership of the Roanoke Interagency Council (RIC) as Roanoke's CPMT.
Recommended Action:
Adopt the attached resolution to establish the membership of the Roanoke
Interagency Council as follows:
. A local Government Representative
· The agency head or their designee for the Community Services Board
· The agency head or their designee for the Juvenile Court Service Unit
· The agency head or their designee for the Roanoke Department of Health
· The agency head or their designee for the Department of Sodal Services
· 'The agency head or their designee for the Roanoke City Public Schools
· A Private Provider of Children's or Family 'Services
. A Parent Representative.
The resolution also designates the Director of Management and Budget, or his
designee, to serve as program expenditure monitor for the CPMT.
/7~-",,_j P. ~
-~-----------
CHRISTOPHER P. MORRILL
City Manager
Distribution:
Council Appointed Officers
Assistant City Manager for Community Development
Director of Human / Social Services
2
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2010.
No. 38976-101810.
AN ORDINANCE to appropriate funds from The Virginia Outdoors Foundation to
Mill Mountain Conservation Easement project, amending and reordaining certain sections
of the 2010-2011 Capital Projects Fund Appropriations and dispensing with the second
reading by title of this ordina,nce.
BE IT ORDAINED by the Council of the City of Roanoke that the following
, sections of the 2010-2011 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from Third Party
08-530-9718-9004 $ 18,250
Revenues
Mill Mountain Conservation Easement -
VA Outdoors Foundation
08-530-9718-9718 18,250
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
hg1~}n. ~
City Clerk.
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Su bject:
Honorable Mayor and Members of City Council
October 18, 2010
Appropriation of Funds for Mill Mountain Conservation Easement
Backg rou nd:
The Virginia Outdoors Foundation (VOF) agreed to provide one half of the
funding necessary to prepare a boundary survey and plat of easement for the
Mill Mountain Conservation Easement.
Considerations:
Funds have been received from the Virginia Outdoors Foundation in the amount
of $18,250 and need to be appropriated to the Mill Mountain Conservation
Easement capital account.
Recommended Action:
Adopt the accompanying budget ordinance to establish a revenue estimate in
the amount of $18,250 to the Capital Projects Fund (account 08-530-9718-
9718) and to appropriate funding in the same amount to the Mill Mountain
Conservation Easement Account (08-530-9718-9004).
/7J) '-1-_1 fJ. ~
--~------------
CHRISTOPHER P. MORRILL
City Manager
Distribution:
Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community
Development
Steve Buschor, Director of Parks and Recreation
Philip Schirmer, City Engineer
~
, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2010.
No .38911,~ 101810 ~
AN ORDINANCE to appropriate funding to be provided by a Hometown Bank
Letter of Credit to the Street Lighting account, amending and re-ordaining certain sections
of the 2010-2011 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 certain sections of
the 2010-2011 General Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
Fees for Professional Services
Revenues
Hometown Bank Letter of Credit
01-530-4150-2010
$ 10,268'
01-110-1234-1531
10,268
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-J.mOllvV
, City Clerk. - . c:
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
October 18, 2010
Cambria Suites Hotel Project - Street Light Installation
Background:
A site plan was approved by the City of Roanoke for the development of Official
Tax No. 1032210 to include a new Cambria Suites Hotel and associated site
work. As part of the development of this parcel, right-of-way improvements in
accordance with the South Jefferson Redevelopment Plan were requ ired to be
installed by the developer. These right-of-way improvements included curb,
gutter, sidewalk, landscaping and street lights.
As a part of the development process, certain items included in the site plan are
required to have a project guarantee. A letter of credit from HomeTown Bank was
posted for the Cambria Suites project to ensure all site work including the right-
of-way improvements were installed according to the approved plan.
The project was completed in May of 2010 with site work and right-of-way
improvements installed, except the installation of three street lights. The cost of
the street lights, including installation, is $10,268, payable to Appalachian
Power.
Considerations:
The Department of Planning, Building and Development has encouraged the
developer, Roanoke Land Development, LLC, to move forward with the required
installation of the street lights by making the payment to Appalachian Power.
The developer failed to make the payment and notified the City on August 30,
2010, that the City should draw on the letter of credit to get the lights installed
(see attachment).
Recommended Action:
Authorize the Director of Finance to establish a revenue estimate in the amount
of $10,268 in the General Fund and appropriate funding in the same amount to
the .Street Lighting budget (01 530 4150 2010).
/7J} '-7-_1 P. ~
--~----------
CHRISTOPHER P. MORRILL
City Manager
Distribution:
Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community
Development
Thomas N. Carr, Director of Planning Building and
Development
Danielle B. Bishop, Development Review Coordinator
2
Appalachian Power Company VA
Contribution-In-Aid-Of-Construction Agreement
For Electric Distribution Service
CITY OF ROANOKE
Service: 215 CHURCH AVE SW
ROANOKE, VA
Contract #: DWMSOOOOOl14670
Date: 5/14/2010
The Customer has requested the installation of electric distribution facilities (hereinafter referred to as "Basic
Service") as follows: Install street lights @ Cambria Suites street scape ~eserve Ave
Additionally, the Customer has requested Premium Service as follows:
Mailing: 1802 COURTLAND RD NE
ROANOKE, VA 24012
Work Request #: 35084831
Appalachian Power Company - VA (hereinafter referred to as "Company") agrees to Provide and Install 3 - decorative
post top poles and 6 - 100w hps street lights
Customer agrees to Have conduit installed complete with pull strings, provide concrete bases for lights to be
mounted .'
In accordance with the Company's terms and conditions as filed with the Virginia Corporation Commission the Customer
agrees to pay Appalachian Power Company - VA as follows.
1. $10,267.43 is the total up-front Contribution-In-Aid-Of-Construction.
All facilities installed by the Company will be and remain property of the Company. The Company expressly retains
the right to use said lines and equipment for any purpose which Company deems advisable, including the distribution
of electric service to other customers.
It is understood and agreed that the Company will not begin facilities construction until all
Contribution-In-Aid-Of-Construction costs for Basic and Premium Services outlined above are received by the Company.
It is understood and agreed that this agreement, and particularly the amounts of the
Contribution-In-Aid-Of-Construction contained herein, are based on the specifics of the Customer's request for
distribution electric facilities.
Other util'ities may have lines and/or equipment that utilize American Electric Power's pole or other facilities.
American Electric Power is not responsible for the installation, relocation or removal of lines and/or equipment
owned by other utilities at this location. Each utility is responsible for its own equipment and the time it takes
to install, remove or relocate it. Any fees charged by other utilities are the responsibility of the customer, not
American Electric Power. The customer is responsible for contacting the other utilities and making arrangements with
them for any work that must be done to facilitate this contract.
If the Customer's request for facilities is altered or the Customer requests a delay or otherwise is unable to take
service by 05/14/2010, the Company reserves the right to adjust the amount of the Contribution-In-Aid-Construction
to reflect either the alteration in requested facilities or the delay in service, or both. All dates for
commencement and completion of construction are estimates only and do not represent guaranteed dates.
Nothing herein contained shall be construed as a waiver or relinquishment by Company or any right it has or may
hereafter have to discontinue service for or on account of default in the payment of any billowing or to become
owing thereunder or for any reason or cause stated in the Company's Tariff.
The quoted
By signing
Customer
price will be valid until
08/12/2010
By
and returning this Agreement, Customer agrees to accept the above described terms and conditions.
Company
By
Signature:
Signature:
Title:
Title:
Date:
Date:
PLEASE >> Please remit To:
American Electric Power
DETACH >> Appalachian Power CIAC
STUB >> PO Box 11923
Charleston, WV 25339-9928
AND >>
Bill To:
RETURN >> CITY OF ROANOKE
1802 COURTLAND RD NE
WITH >> ROANOKE, VA 24012
PAYMENT >>
Company No;
Contract No:
Customer No:
Date:
A,'l'.ount Due;
140
DWMS00000114670
10011713
5/14/2010
10,267.43
Amount Remitted:
Contract No: DWMS00000114670
Date; 5/14/2010
PRO FORMA
Customer No:
Purchase Order:
10011713
35084831
Description
Install street lights @ Cambria
Suites street scape Reserve Ave
Quantity UOM Init Amt
Net Amount
1. 0 EA
10,267.43
10,267.43
Amount Due:
10,267.43
HomeTown
Bank
HomeTown Bank
Irrevocable Standby Letter of Credit
Letter of Credit No
HTB200006 A ril21,2010 Ju 30,2011
Amount: $198,650.00 (USD One Hundred Ninety Eight Thousand Six Hundred Fifty and
00/1 00)
CITY OF ROANOKE
PLANNING BUILDING AND ECONOMIC DEVELOPMENT
MUNICIPAL BUILDING, ROOM 166
215 CHURCH AVENUE .
ROANOKE VIRGINIA 24011
Dear Mr. Taylor:
We Hereby issue this irrevocable standby letter of credit for the above amount in the favor of the
City of Roanoke, beneficiary, which is available for payment of the beneficiary's sight drafts
drawn on HomeTown Bank bearing the clause, "Drawn under HomeTown Bank Letter of
Credit Number HTB200006", accompanied by the following documents:
1. This Letter of Credit and a certified statement signed by the City Manager or other
designated City Official of the City of Roanoke, VA, stating that Roanoke Land
Development, LLC has not completed the erosion and sediment control measures as
specified in the Comprehensive Agreement dated August 16, 2006 and as shown in
the approved site development plan for Roanoke Land Development, LLC.
2. A statement signed by the City Manager or other designated City Official of the City
of Roanoke, V A to the effect that the drawing is for the explicit purpose of providing
for the completion of the Cambria Suites Hotel Project, Roanoke, Virginia, by
Roanoke Land Development, LLC, pursuant to the terms of the Code of the City of
Roanoke (and any amendment thereto).
This irrevocable letter of credit sets forth in full the terms of our undertaking. This undertaking
shall not in any way be modified, amended, or amplified by reference to any document or
contract referred to herein.
This irrevocable letter of credit shall remain in full force for a period of one (1) year from the
effective date hereof and shall automatically renew itself from year to year thereafter unless and
until HomeTown Bank shall give ninety (90) days prior written notice to the City of Roanoke,
Virginia, by certified mail, return receipt requested, of its intent to terminate the same at the
Continued on next page which forms an integral part of this letter of credit
202 S. Jefferson Street. p.o. Box 271 · Roanoke, Virginia 24002. (P) 540.345.6000. (F) 540.342.5626
www.hometownbankva.com
HomeTown Bank
Irrevocable Standby Letter of Credit
Page 2
expiration of the ninety (90) day period. During the last thirty (30) days during which the letter
of credit is in full force and effect, the City may draw up to the full amount available under the
letter of credit with a draft accompanied by a document stating that Roanoke Land Development,
LLC or its agent has not complied with the Comprehensive Agreement and has not provided an
acceptable substitute irrevocable letter of credit and the drawing is for the explicit purpose of
guaranteeing and/or providing for the completion.
We hereby agree with you that draft(s) drawn under and in compliance with the terms and
conditions of this letter of credit shall be duly honored if presented together with document(s) as
specified and the original of this credit, at our office located at 202 S. Jefferson Street, Roanoke,
Virginia 24011 on or before 12:00 noon on the above stated expiry date or any renewal thereof.
Except as otherwise expressly stated herein, this letter of credit is subject to the Uniforin
Customs and Practice for Documentary Credits, established by the International Chamber of
Commerce, as in effect on the date of issuance of this credit.
Sincerely,
HomeTown Bank
{
Te nce E. O'Shaug es
Executive Vice Preside
202 S. Jefferson Street. Po. Box 271 . Roanoke, Virginia 24002' (P) 540.345.6000 . (F) 540.342.5626
www.hometownbankva.com
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The i8th day of October, 2010.
No. 38978-101810.
AN ORDINANCE to appropriate funding from the Fleet Retained Earnings to
the Fleet Equipment Maintenance account, amending and re-ordaining certain sections of
the 2010-2011 Fleet 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 certain sections of
the 2010-2011 Fleet Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
Maintenance - Equipment
Fund Balance
Retained Earnings..:- Available
17-440-2641 -:-2048
$ 90,000
17-3348
( 90,000 )
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
A~CI~.~
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Su bject:
Honorable Mayor and Members of City Council '
October 18, 2010
Transfer of Funds for Purchase of Equipment and Tools
for Fleet Management
Background:
Over the past few years, the Fleet Management Division (Fleet) has made
substantial strides in improving the quality and quantity of repairs and
maintenance on the City's fleet of vehicles and equipment that are quite old
and, as a result, require substantial maintenance. New replacement units are
now quite technologically advanced. Accordingly, the diagnostic equipment and
specialized tools required to properly diagnose and repair the new units are not
present within Fleet. Without having the proper tools to do the jobs,
maintenance for many more of the City's units is being out-sourced to local
maintenance facilities that have the proper tools and equipment. One of the
results of the recent economic downturn in our local area has been the closing
of more of the loc'al repair facilities' which, in tu rn, has placed a severe strain on
the fewer remaining facilities to repair the increasing number of units requiring
the specialized equipment and tools for proper repairs. This increased repair
time means that more City vehicles and equipment are out of service, waiting
on repairs from outside vendors and driving up Fleet's costs paid to those
vendors.
Considerations:
With the purchase and use of the proper diagnostic equipment and associated
tools, virtually all of Fleet's diagnostic and repair work could be performed "in-
house", significantly speeding up the overall diagnosis/repair cycle, placing the
vehicles/equipment back in service faster, and reducing the expense paid to
outside vendors. The purchased' equipment and tools will be state-of-the-art,
which is the type used by most Maintenance Technicians being hired by Fleet.
Seasoned Technicians at Fleet have been introduced to the new diagnostic
equipment and tools and have embraced the increases in productivity made
possible by the use of these new products by actually using them during
lengthy demonstrations on the Fleet shop floor.
Recommended Action:
Approve the appropriation of $90,000 from Fleet Management's Retained
Earnings Fund to Fleet's Equipment - Maintenance Account (017-440-2641-
2035 & 017-440-2642-9015) for the purchase of electronic diagnostic
equipment, associated software programs for all engine and electrical
configurations, electronic testing equipment, additional tool boxes for each
Fleet Technician with a full variety of required tools to properly repair and
maintain both the new and older vehicles and equipment owned by the City.
/7 ~ "-"7- _I f1 ~
~-----------
CHRISTOPHER P. MORRILL
City Manager
Distribution:
Council Appointed Officers
2
"'~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of October, 2010_
No_ 38979-101810.
AN ORDINANCE authorizing the City Manager to execute an amended sales agreement
ptoviding for a closing date for the conveyance of a 3.0 acre portion of City-owned property,
otherwise mown as Buena Vista Center, bearing Official Tax No. 4130501, to Scott and
Ascension Horchler, upon certain terms and conditions; and dispensing with the second reading
by title of this ordinance.
WHEREAS, a public hearing was held on June 21, 2010, pursuant to SS15.2-1800(B)
and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and
citizens were afforded an opportunity to be heard on such conveyance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized, for and on behalf of
the City, to execute and attest, respectively, an amended sales agreement providing for a closing
date for the conveyance of a 3.0 acre portion of City-owned property, otherwise mown as
Buena Vista Center, bearing Official Tax No. 4130501, to Scott and Ascension Horchler, for the
purchase price of $75,000.00, upon certain terms and conditions, and as more particularly
described in the City Manager's letter to this Council dated October 18, 2010.
2. All documents necessary for this conveyance shall be in form approved by the
City Attorney.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
October 18, 2010
Amendment to Sales Contract - Buena Vista Center
Background:'
On June 21, 2010, by adoption of Ordinance No. 38863-062110, City Council
authorized the City Manager to enter into a sale contract, dated June 22, 2010,
for the disposition of a three acre tract containing the former Buena Vista
Recreation Center (tax map no. 4130501) to Scott and Ascencion Horchler.
The purchase price is $75,000, and the contract contains a number of terms
and conditions which were to be met prior to the closing of the real estate
transaction. With the successful rezoning of the property on September 22,
2010 to a zoning classification that allows the existing structure to be used as a
single family residence, and the relocation of remaining tenant in the building,
the Virginia Department of Historic Resources, on October 1, 2010, the
contingencies related to the schedu ling of the real estate closing were satisfied.
The sales contract contains a provision that closing on the real estate
transaction would take place within thirty days of the satisfaction of any
contractual contingences, which would be on or around November 1, 2010.
Considerations:
The Horchlers have not been able to obtain a contract on the sale of their home
in Midlothian, Virginia while the contractual and rezoning process on the Buena
Vista property has proceeded. The Horchlers have relocated to Roanoke and
are living in temporary residential quarters in the meantime. The Horchlers
have asked the City to consider an amendment of the sales contract that would
extend the timeframe during which the closing on the Buena Vista property
could take place allowing them the opportunity to sell their property in
Midlothian.
Given the cu rrent real estate market, and the efforts by the Horchlers to this
point regarding their continued interest in the Buena Vista property, the
Administration is supportive of granting them such a request. An amendment
has been drafted which would extend the timeframe of the contract thereby
requiring the real estate transaction on the Buena Vista property to be closed
within 30 days of the closing of the.sale of the Ijorc.hler property in Midlothian,
Virginia, or no later than April 1 , 2011 ~
All other terms and conditions contained in the Contract dated June 22, 2010,
between the parties will remain in full force and effect.
Recommended Action:
Authorize the City Manager to execute an Amendment No.1 to the Agreement
for Pu rchase and Sale of Real Property between the City and Scott and
Ascencion Horchler, substantially similar in form to the one attached, and any
other appropriate documents, approved as to form by the City Attorney.
/7f} '-1-_1 fJ. ~
-~-------~---
CHRISTOPHER P. MORRILL
City Manager
Attachment
Distribution:
Council Appointed Officers
Brian Townsend, Assistant City Manager for Community
Development
Rob Ledger, Economic Development Manager
Cassandra Turner, Economic Development Specialist
2
AMENDMENT NO.1
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
This Amendment No. 1 is dated , by and between the CITY OF ROANOKE,
Virginia ("Seller") and SCOTT AND ASCENSION HORCHLER, husband and wife, 2911
Winterfield Road, Midlothian, Virginia 23113 ("Purchasers"),
WIT N E SSE T H:
WHEREAS, the parties entered into an Agreement for Purchase and Sale of Real Property dated June
22,2010, that provided for the sale of certain real property and improvements thereon located in the
City of Roanoke, Virginia, consisting of approximately 3.0 acres and improvements thereon, as the
same is described as Lot "A" on Exhibit 1 attached thereto, ("Property"), together with a twenty (20)
foot wide easement for ingress and egress to the Property across City of Roanoke Tax Parcel No.
4130501 to Penmar Avenue, as shown on the plat of subdivision described and referenced in Exhibit
l'
,
WHEREAS, the Agreement provided for the settlement on a date which is no later than thirty (30)
days after the contingencies contained in the Agreement were met or satisfied in their entirety, or at
an earlier date at the option of Purchaser; and
WHEREAS, the Purchasers have advised the Seller that they are unable to close on the Property until
their house in Midlothian, Virginia has sold. .
NOW, THEREFORE, in consideration ofthe mutual promises and covenants herein contained and as
set forth in the original Agreement, the Seller and Purchasers agree as follows:
Section 9. Settlement, is hereby amended and shall read and provide as follows:
9. SETTLEMENT. The Settlement shall be held at the offices of the Roanoke City
Attorney on or before either April 1, 2011, or the date thirty (30) days after the Purchasers sell
their residence in Midlothian, Virginia, whichever date is the earlier. Time is ofthe essence in this
Agreement.
All the terms and conditions ofthe original Agreement for Purchase and Sale of Real Property dated
June 22, 2010, shall continue in full force and effect except as modified above.
IN WITNESS WHEREOF, the parties have hereunto signed this Amendment No.1 by their
authorized representatives.
PURCHASERS:
Scott and Ascension Horchler
Scott Horchler
Ascension Horchler
Commonwealth of Virginia
City/County of
Subscribed and sworn before me this _ day of
,2010, by Scott Horchler.
(Seal)
Notary Public
My Commission Expires:
Commonwealth of Virginia
City/County of
Subscribed and sworn before me this _ day of
, 2010, by Ascension Horchler.
(Seal)
Notary Public
My Commission Expires:
SELLER:
CITY OF ROANOKE
BY:
City Manager
Commonwealth of Virginia
City/County of
Subscribed and sworn before me this _ day of
,2010, by Christopher P. Morrill,
City Manager.
(Seal) .
Notary Public
My Commission Expires:
Approved as to Form:
Approved as to Execution:
City Attorney
City Attorney
EXHIBIT 1
, DESCRIPTION OF REAL PROPERTY
That parcel identified as "Lot 'A' 3.0000 ACRES" on the Plat of Survey Showing the Resubdivision
ofthe "Rogers Reservation" Property Owned by the City of Roanoke and Creating Hereon Lot "A"
(3.0000 Acres) and Lot "B" (9.9425 acres) Located on Penmar Ave., S. E., and in the City of
Roanoke, Virginia, which Lot "A" will have the street address of 1325 Morningside Street, S. E.,
together with a 20-foot wide ingress and egress easement across Lot "B'," providing access to Lot
"A" from Penmar Avenue, S. E., as shown on the aforedescribed plat, which plat is to recorded
simultaneously with the deed in the office ofthe Clerk ofthe Circuit Court for the City of Roanoke.
OQL
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2010.
No.~3898~101810.
AN ORDINANCE authorizing the City Manager to execute a Memorandum
of Understanding between the City of Lynchburg, Virginia, and the City of Roanoke,
Virginia, to allow the emergency and short term group home placement of eligible
juveniles who are residents ofthe City of Roanoke, in residential group homes owned
and operated by the City of Lynchburg, in connection with the City of Roanoke's
Shelter Care Pro gram, upon certain terms and conditions, and dispensing with the
second reading of this ordinance by title.
BE IT ORDAINED by the Council ofthe City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized to execute
and attest respectively, a Memorandum of Understanding between the City of
Lynchburg, Virginia, and the City of Roanoke, Virginia, to allow the emergency and
short term group home placement of eligible juveniles who are residents of the City
of Roanoke, in residential group homes that are owned and operated by the City of
Lynchburg, in connection with the City of Roanoke's Shelter Care Program, for a
term commencing November 1, 2010, and ending June 30,2011, for an expected
cost of$86,091, and as further stated in the City Manager's Report to this Council
dated October 18, 2010.
2. All documents necessary for this execution shall be in a form approved
"-
by the City Attorney.
3. Purshant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST: '
.:4~YO)'rre
City Clerk.
2-
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
October 18, 2010'
Authorization to Enter into a Cooperative Agreement with the City
of Lynchburg
Backg rou nd:
Du ring the 2010 budget process, in response to continued declines in state
funding, the decision was made to develop alternatives to residential group
home services for runaways or children who cannot return home for safety
reasons. This led to closing of the Sanctuary Crisis Intervention Center on June
30, 2010. The additional cost to the City to continue operation of the facility
would have been approximately $480,000. As indicated to City Council in a
September 3, 2010 report, a number of alternatives have been under
development to serve youth who would previously have been housed in
Sanctuary, including the development of a 'host home model' to provide
services in homes of licensed volunteers under the auspices of the Volunteer
Emergency Families for Children (VEFC) organization, and the purchase of
services for temporary placements in a group home setting.
The closest facilities to the City of Roanoke licensed to provide emergency and
short-term residential group home placement are in the City of Lynchburg.
These facilities, Opportunity House and SPARC House, are owned and operated
by the City of Lynchburg.
Considerations:
The City of Roanoke's Department of Human Services, Juvenile Services Division
desire to place eligible juveniles residing in the City of Roanoke in the above
referenced residential group homes owned by the City of Lynchburg. A
Memorandum of Understanding ("MOU") has been developed between the City
of Roanoke and the City of Lynchburg for the purposes of providing Shelter
Care bed space to juveniles in need of this service for an initial term
commencing November 1, 2010 and ending June 30, 2011. The expeqed cost
to the ,City for this service is $86,091. Funding for such placement of juveniles
by the City of Roanoke in Lynchburg is available in the Youth Haven budget (35
630 3350 2010) through the City's, participation in the Virginia Juvenile
Community Crime Control Act (VJCCCA).
As this proposed MOU is between_ two localities, the MOU will need to be
authorized by City Council pursuant to Section 1 5.2-1300 of the Code of
Virginia (1950) as amended.
Recommended Action:
Adopt an ordinance authorizing the City Manager to enter into a Memorandum
of Understanding, substantially similar in form to the MOU attached to this
letter, with the City of Lynchbu rg, pu rsuant to Section 1 5.2-1 300 of the Code of
Virginia (1950) as amended, for the purpose of providing Shelter Care bed
space to eligible juveniles, and authorizing the City Manager to execute any
related docu ments requ ired to effect the pu rposes of the MOU, such docu ments
to be approved as to form by the City Attorney.
/71 '-1-_1 p. ~
~------------
CHRISTOPHER P. MORRILL
City Manager
Distribution: 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
Jane Conlin, Director ,of Human/Social Services
Rodney C. Hubbard, 23-A CSU Director
James M. O'Hare, Youth Care Administrator
2
RESIDENTIAL PLACEMENT MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF ROANOKE AND THE CITY OF LYNCHBURG
THIS RESIDENTIAL PLACEMENT MEMORANDUM OF UNDERSTANDING
("Agreem~l1t") made and entered , 2010, by and between the City of
Lynchbllrg, a municipal corporation of the Commonw~alth 0 f Virginia (the "Service Provider")
and the City of Roanoke, a municipal corporation of the Commonwealth of Virginia (the
"Buyer"),
WITNESSETH:
WHEREAS, the City of Lynchburg has established certain youth shelter care facilities as
an altemaf'ive placement for youth who are in need of a short term, sman group residential
placement land who are unable to adjust to other community based programs;
Wf;[EREAS, the Buyer wishes to make Lynchburg's services available to certain
juveniles fi.om Roanoke and wishes to purchase shelter/crisis intt::rvention, residential services
from the Service Provider; and
WHEREAS, the Service Provider wishes to enter into a contractual agreement with the
Buyer to make its youth shelter care facilities available to eligible youth from Roanoke and to
provide such services to the Buyer.
Nqw, THEREFORE, the parties hereto, for and in consideration oftbe mutual covenants
and promi~e herein contained, do hereby agree as follows:
r. SCOPE OF SERVICES OF SERVICE PROVIDER
a. The Service Provider shall provide shelter/crisis intervention residential services
to City of Roanoke youth who are referred by the 23rd Judicial Court Services
Unit for the City of Roanoke, Virginia.
b. The Service Provider shall provide case management services to referred youth:
c. The Service Provider shall provide roum and board, meals, recreational activities,
access to educational opportunities, and access to mooical facilities (as needed).
d. The Service Provider shall provide transportation for referred youth to and from
Roanoke.
ie., The Service Provider shall provide necessary reports aDd documentation as
pertains to referred youth.
( The Servi,ce Provider shall provide for advisement hearings for youth referred
through the 23rd a Judicial District through video arraignment located at the
Lynchburg Regional Juvenile Detention Center.
g. The Service Provider shall allow for and cooperate in V1SUS by. a juvenite's
parents, relatives and other appropriate individuals in accordance with the Service
Provider's policies.
h. The Service Provider shall work cooperatively with the Buyer to plan for and
facilitate the discharge of a juvenile when the Service Provider and the Buyer
joiritly determine that a juvenile has derived the maximum benefit from the
placement.
I. The Service provider shall confer with the Buyer on a regular and as-
needed basis conceniing each juvenile's development, activities, needs
and progress.
J. The Service Provider, shall provide all services that comply with the state
standards as outlined by the Interdepartmental Standards and Regulations for
Residential Services.
II. R.E;SPONSIBILITES OF BUYER
a. The Buyer shall pay a per diem of$149.00 for shelter/crisis intervention services:
This charge includes room and board, meals, case management, and access to
recreational oppor1unities. The Service Provider will invoice the Buyer on a
monthly basis for charges and the Buyer will pay the Service Provider within
thirty (30) days ofthe receipt afan invoice.
b. The Buyer shall pay $1,5 per day for transportation costs to and from Roanoke.
c. The Buyer shall pay the cost of educational services. Each child who is referred to
Service Provider's shelter care facilities will bring as part oftheiI' docurnentation
all education packet thac has been put together by the child's base school.
,d. The Buyer shall provide the Service Provider with the necessary permission to
authorize any necessary medical and dental care and treatment, including
emergency medical and surgical treatment or hospitalization, and shall reimburse
the Service Provider for any medica) costs incurred by the Service Provider [or
any juvenile who is placed in Lynchburg's youth shelter care facilities. The
Service provider shall have the authority to act immediately in any medical or
dental emergency to obtain the necessary care and treatment for a juvenile who
needs such care and treatment. The Service Provider shall promptly notify the
Buyer of any emergency care and treatment that is provided to a juvenile and of
the need for any fo How-up care or treatment.
2
e. The B\lyer shall provide all necessary docurnentation--i.e. court orders;
service/treatment plans, copies of education, psychQ logical, medical/dental
records, etc., that the Service Provider needs to plan properly and care for any
juvenile admitted to Service Provider's youth shelter care facilities.
f Cooperate with the Service Provider in sclleduling visits by parents, relatives and
other appropriate individuals and in providing such essentials as clothing, etc.
g. During the term of this Agreement the Service Provider shall obtain and maintain
comprehensive general liability insurance coverage in the minimum amount of
one million dollars per occurrence against general public liability for injuries to or
death of persons or damage to property. Such insurance policy shall also name the
Service Provider, its officers and employees, and Buyer as insured parties. The
insurance required herein shall be primary and any insurance or self-insurance
maintained by the Buyer shall be secondary and apply only in excess of and shall
not contribute with the insurance obtained by the Service Provider.
The Service Provider shall deliver to the Buyer a copy of the insurance policy or
certificate showing the same to be in full force and effect. Such insurance policy
or certificate s]lall contain provisions providing the Service Provider shall be
given thirty (30) days notice prior to arly cancellation or reduction in the required
Insurance coverage.
Buyer agrees to reimburse Service Provider, or pay the Service Provider's
insurance provider directly, the costs of the insurance policy Service Provider
incurs to obtain and maintain the iIlsurance policy required by this Section.
111. PAYMENT OF SERVICES
Pay,ment for services will be specified in AHaclunent A. Invoices will be submitted to the
Buyer by Service Provider outlining dates of services, types ofservices and other charges
incu,rred by Buyer pursuant to the terms of this Agreement. Payment wi\] he made from
the ;Virginia Juvenile Community Crime Control Act (VJCCCA) funds that have been
allocated to the City of Roanoke by the Commonwealth of Virginia.
IV. TERM & TERM1NA TlON
a. The period of t1,is contract shall ,be from November I, 2010 tlu-ough June 30,
2011.
b. Either party may terminate this Agreement by written notice directed to the
attention of the persons execut1ng this Agreement, mailed by certified mail,
retOOl receipt requested, thirty (30) days in advance of the date oftennination.
3
c. The failure of either party to this Agreement to comply substantially with its
responsibilities under this Agreement, or any actions which shall constitute a
threat to the physical or mental health, safety or well-being of a juvenile, may be
considered grounds for breach or default of this Agreement and permit the
immediate termination thereofby either party.
V. GENERAL CONDlTIONS
a. The Service Provider agrees to provide all services in compliance with the
Commonwealth of Virginia Standards of Interdepartmental Regulation of
Children's Residential Facilities. A copy of the standards are located at
www.dbhds.virginia.gov (click licensing, then children's residential services and
then Interdepartmental Regulations for Children's Residential Facilities), which
are incorporated by reference into this Agreement.
b. Juveniles from Roanoke who receive services pursuant to this Agreement shall be
subject to the same rules, regulations, and policies that apply to the other juvenile
residents o fLynchburg 's youth shelter care facilities.
c. The Service Provider agrees not to share any confidential information rdated to a
juveIlile with other agencies or individuals without authorization from the Buyer,
except in cases of emergency in \vhich no notice is required. '
ct. In the event of an unauthorized absence of a juvenile, the Service Provider will
, promptly notiry the Buyer, the legal guardian and the local police consistent with
the Service Provider's policies.
.e. This Agreement shall not affect the legal custody of a juvenile, which shall
remain with the current legal guardian unless changed by proper legal proceeding.
;f Juveniles who are placed in a youth shelter care facility and who are entitled to an
appropriate public education pursuant to the provisions of Title 22.1 of the Code
of Virginia will l'eceive an appropriate education to the extent an appropriate
education is available from the Lynchburg Public Schools. In no event shaH the
Service Provider or the Lynchburg Public Schools be responsible for tuition
reimbursement to parents or guardians pursuant to the provisions of Tit Ie 22.1 of
the Code of Virginia. Any juvenile whose education needs cannot be provided by'
the Lynchburg Public Schools shall be referred to the Roanoke School System for
further action. In the event a juvenile who is placed io a youth shelter care facjlity
is suspended or expelled from the Lynchburg City Schools neither the Service
Provider nor the Lynchburg Public Schools shall be required to provide any type
of alternative education program for. such juvenile.
g. This Agreement shall be governed by and constllJed in accordance with the laws
of the Commonwealth of Virginia..
4
VI. NOTICE
Unl.ess otherwise specified, all notices, consents and approvals required or authorized by
this: Agreement to be given by 01' on behalf of either party to the other, shall be in writing
andisigned by a duly designated representative of the pany by or on whose beha1fthey are
givdn and shall be dc:cmed given three days after the time a certified letter properly
addressed, postage prepaid, is deposited in any United States Post Office or upon hand
delivery.
Nbtice to the City of Roanoke shall be addressed to the;
City of Roanoke
Aftention: Jim O'Hare, Youth Care Administrator
I
9 Church Avenue, S.E.
Roanoke, VA 24011
or (at such other address as the Buyer may hereinafter designate by notice to the Service
Provider in writing.
Notice to the City of Lynchburg shall be addressed to the:
City of Lynchburg
Attention: Tamara T. Rosser, Director, Department of Juvenile Services
P .(} Box 6798
LYI~chburg, V A 24505
or at such other address as tl,e Service Provider may hereinafter designate by notice to the
BuXer in writing.
IN :\V1TNESS V/BEREOF, the parties hereto have hereunto set their hands and
common s~al this
day of
,2010.
CITY OF LYNCHBURG
By:
L. Kimball Payne, City Manager
Attest:
By:
Valeria ,Chambers, 1nterjm Clerk of Council
5
Attest:
By'
'_J
Approved as to Form:
- .
Assi!>tant City Attorney
Cityl 0 f Roanoke
CITY OF ROANOKE
By:_
Christopher P. Morril~ City Manager
6
ATTACHMENT A
The Department of Juvenile Services
FY 2011 Rates
Residential Services
'Room and Board
Food
Recreation
,Case Management
$149.00/day
Comrrunity Case management
Aftercare Services
$326.50/month
Transportation
$15.00/day
RESIDENTIAL PLACEMENT AGREEMENT
THIS RESIDENTIAL PLACEMENT AGREEMENT effective October 1,2010, by and between
the City of Lynchburg, a Municipal Corporation ofthe Commonwealth of Virginia (the "Service
Provider") and the City of Roanoke, a Municipal Corporation ofthe Commonwealth of Virginia
(the "Buyer").
WITNESSETH:
WHEREAS, the City of Lynchburg has established certain youth shelter care facilities as an
alternative placement for youth who are in need of a short term, small group residential
placement and who are unable to adjust to other community based programs;
WHEREAS, the Buyer wishes to make the services of Lynchburg's available to certain juveniles
from Roanoke and wishes to purchase shelter/crisis intervention, residential services from the
Service Provider;
WHEREAS, the Service Provider wishes to enter into a contractual agreement with the Buyer to
make its youth shelter care facilities available to eligible youth from Roanoke and to provide
such services to the Buyer;
NOW, THEREFORE, the parties, hereto, for and in consideration ofthe mutual covenants and
promised herein contained do agree as follows.
1. SCOPE OF SERVICES OF SERVICE PROVIDER'
a. The Service Provider shall provide shelter/crisis intervention residential services
to City of Roanoke youth that are referred by the 23-A Judicial Court Services
Unit for the City of Roanoke, Virginia.
b. The Service Provider shall provide case management services to referred youth.
c. The Service Provider shall provide room and board, meals, recreational activities,
access to educational opportunities, and access to medical facilities (as needed).
d. The Service Provider shall provide transportation for referred youth.
e. The Service Provider shall provide necessary reports and documentation as
pertains to referred youth.
f The Service Provider shall provide for advisement hearings for youth referred
through the 23-A a Judicial District through video arraignment located at the
Lynchburg Regional Juvenile Detention Center.
g. The Service Provider shall allow for and cooperate in visits by a juvenile's parent,
relatives and other appropriate individuals in accordance with the Service
Provider's policies.
h. The Service Provider shall work cooperatively with the Buyer to plan for and
facilitate the discharge of a juvenile when the Service Provider and the Buyer
jointly determine that a juvenile has derived the maximum benefit from the
placement.
1. The Service provider shall confer with the Buyer on a regular and as-
needed basis concerning each juvenile's development, activities, needs
and progress.
J. The Service Provider shall provide all services that comply with the state
standards as outlined by the Interdepartmental Standards and Regulations for
Residential Services.
II. RESPONSIBILITES OF BUYER
a. The Buyer shall pay the stated per diem of$149.00 for shelter/crisis intervention
services. This charge includes room and board, meals, case management, and
access to recreational opportunities. The Service Provider will invoice the Buyer
on a monthly basis for charges and the Buyer will pay the Service Provider within
30 days of the receipt of an invoice.
b. The Buyer shall pay $15 per day for transportation costs.
c. The Buyer shall pay the cost of educational services. Each child that is referred to
Lynchburg's shelter care facilities will bring as part of their documentation an
education packet that has been put together by the child's base school.
d. The Buyer shall provide the Service Provider with the necessary permission to
authorize any necessary medical and dental care and treatment including
emergency medical and surgical treatment or hospitalization and shall reimburse
the Service Provider for any medical costs incurred by the Service Provider for
any juvenile that is placed in Lynchburg's youth shelter care facilities. The
Service provider shall have the authority to act immediately in any medical or
dental emergency to obtain the necessary care and treatment for a juvenile that
needs such care and treatment. The Service Provider shall promptly notify the
Buyer of any emergency care and treatment that is provided to a juvenile and of
the need for any follow-up care or treatment.
e. The Buyer shall provide all necessary documentation--i.e. court orders;
service/treatment plans; copies of education, psychological, medical/dental
2
records; etc. that the Service Provider needs to properly plan and care for any
juvenile admitted to Lynchburg's youth shelter care facilities.
f. Cooperate with the Service Provider in scheduling visits by parents, relatives and
other appropriate individuals and in providing such essentials a clothing, etc.
g. During the term ofthis agreement the Service Provider shall obtain and maintain
comprehensive general liability insurance coverage in the minimum amount of
one millions dollars per occurrence against general public liability for injuries to
or death of persons or damage to property. Such insurance policy shall also name
the Service Provider, its officers and employees, and Buyer as insured parties.
The insurance required herein shall be primary and any insurance or self-
insurance maintained by the Service Provider shall be secondary and apply only
in excess of and shall not contribute with the insurance obtained by the Buyer.
The Service Provider shall deliver to the Buyer a copy of said insurance policy
or certificate showing the same to be in full force and effect. Such insurance
policy or certificate shall contain provisions providing the Service Provider shall
be given 30 d~ys notice prior to any cancellation or reduction in the required
msurance coverage.
Buyer agrees to reimburse Service Provider, or pay the Service Provider's
insurance provider directly, the costs ofthe insurance policy Service Provider
incurs to obtain and maintain the insurance policy required by this Section.
III. PAYMENT OF SERVICES
Payment for services will be specified in Attachment A. Invoices will be submitted to the
buyer outlining dates of services, types of services. Payment will be made from the
VJCCCA funds that have been allocated to the City of Roanoke.
IV. TERM & TERMINATION
a. The period of this contract shall be from October 1,2010 through June 30,2011.
b. Either party may terminate this agreement by written notice directed to the
attention ofthe persons executing this agreement, mailed by certified mail,
return receipt requested, 30 days in advance ofthe date oftermination.
c. The failure of either party to this agreement to substantially comply with its
responsibilities under this agreement or any actions which shall constitute a treat
to the physical or mental health, safety or well-being of a juvenile may be
considered grounds for breach or default and permit the immediate termination
thereofby either party.
V. GENERAL CONDITIONS
3
a. The Service Provider agrees to provide all services in compliance with the State
of Virginia Standards ofInterdepartmental Regulation of Children's Residential
Facilities. A copy ofthe standards is included as Attachment B.
b. Juveniles from Roanoke that receive services pursuant to this agreement shall be
subject to the same rules, regulations and policies that apply to the other juvenile
residents of Lynchburg's youth shelter care facilities.
c. The Service Provider agrees not to share any confidential information related to a
juvenile with other agencies or individuals without authorization from the Buyer,
except in cases of emergency in which no notice is required.
d. In the event of an unauthorized absence of a juvenile, the Service Provider will
promptly notify the Buyer, the legal guardian and the local police consistent with
the Service Provider's policies.
e. This agreement shall not affect the legal custody of a juvenile, which shall remain
with the current legal guardian unless changed by proper legal proceeding.
f. Juveniles who are place in a youth shelter care facility and who are entitled to an
appropriate public education pursuant to the provisions of Title 22.2 of the Code
of Virginia will receive an appropriate education to the extent an appropriate
education is available from the Lynchburg Public Schools. In no event shall the
Service Provider or the Lynchburg Public Schools be responsible for tuition
reimbursement to parents or guardians pursuant to the provisions of Title 22.1 of
the Code of Virginia. Any juvenile whose education needs cannot be provided by
the Lynchburg Public Schools shall be referred to the Roanoke School System for
further action. In the event a juvenile that is placed in a youth shelter care facility
is suspended or expelled from the Lynchburg City Schools neither the Service
Provider nor the Lynchburg Public Schools shall be required to provide any type
of alternative education program for such juvenile.
g. This agreement shall be governed by and construed in accordance with the laws
ofthe Commonwealth of Virginia.
VI. GENERAL CONDITIONS
Unless otherwise specified, all notices, consents and approvals required or authorized by
this Agreement to be given by or on behalf of either party to the other, shall be in writing and
signed by a duly designated representative of the party by or on whose behalf they are given and
shall be deemed given three days after the time a certified letter properly addressed, postage
prepaid, is deposited in any United States Post Office or upon hand delivery.
Notice to the City of Roanoke shall be addressed to the:
4
City of Roanoke
Attention
Roanoke, VA 24011
or at such other address as the Buyer may hereinafter designate by notice to the Service Provider
in writing.
Notice to the City of Lynchburg shall be addressed to the:
or at such other address as the Service Provide may hereinafter designate by notice to the Buyer
in writing.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
common seal this
day of
,2010.
CITY OF LYNCHBURG
By:
L. Kimball Payne, City Manager
Attest:
By:
Valeria Chambers, Interim Clerk of Council
CITY OF ROANOKE
By:
Christopher P. Morrill
Attest:
By:
5
Approved as to Form:
Assistant City Attorney
City of Roanoke
6
CITY COUNCIL REPORT
To:
Date:
Subject:
Honorable Mayor and Members of City Council
February 4, 2011
Sanctuary Transition Status Report INFORMATION ONLY
In September, 2010, City Council was provided a status report on the closure of
the Crisis Intervention Center (Sanctuary), and the transition of those services to
a series of alternative service providers both locally and in locations in
Southwest Virginia, including Lynchburg and Wytheville.
The current Supervision Plan Services budget contains funding for the provision
of shelter care beds through the purchase of specific services. Shelter care
beds are divided into two categories, beds for eligible juveniles before the court
or .juvenile Intake (Virginia Community Crime Control Act (VjCCA)), and "off-
plan" beds for juveniles not before the court but needing short-term safety
placements. Approximately $93,500 was budgeted for the provision of shelter
care bed services for the VjCCA plan. Based on utilization through the first six
months of the fiscal year, it is anticipated that funds for the VjCCA plan will be
fu Ily utilized for the remaining six months.
Through the first six months of the fiscal year, three referrals for short term
placement have been made to the facility in Lynchburg and four referrals have
been made to the fac.ility in Wytheville. As indicated in September, the
Volunteer Emergency Families for Children program (VEFC) is in the process of
establishing a 'host home' system to facilitate short term emergency
placements in locations in Roanoke. Currently, the program is in the process
of hiring two local case managers who will then identify and facilitate the
operation of "host homes" locally. Approximately $8,000 was budgeijd for
"off-plan" short- term safety placements. Through the end of Decemberjigthose
funds had been exhausted. Additional funding of a like amount ha~ been
identified to support "off-plan" short term safety placements for the rer1:Jflining
six months of the fiscal year. t:;I
ISI
(,I.J
Through the first half of the fiscal year, the number of referrals for sho@t term
safety placement bedsnas been less than would have been anticipatedg The
alternative locations in lieu of Sanctuary for placement have been suffident to
'meet referral demand. The community continues to have a need to fully
develop a local system of short term emergency placements for juveniles. It is
anticipated that the VEFC program under implementation will help expedite the
development of that local system.
Staff will continue to provide periodic updates to City Council as the transition
continues.
/~
BRIAN TOWNSEND
Assistant City Manager
Distribution: Council Appointed Officers
Jane Conlin, Director of Human and Social Services
Jim O'Hare, Youth Care Administrator
Amelia Merchant, Director of Management and Budget
,-,.... .- T I.IH c'-, .:J':J:lT T ""'-J31~1 I I I~I
I-n-'.a...j l. vn.l i J'J IJ..:J . !.. ...10 .... l"l~ '\00'
---. --
2
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2010. '
No. 38981-101810.
AN ORDINANCE to transfer funding from the Health Department/Civic Mall
Tenant Upfit project to the Employee Health Services Renovation project account,
amending and re-ordaining certain sections of the 2010-2011 Capital Projects Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAI NED by the Council of the City of Roanoke that certain sections of
the 2010-2011 Capital Projects Fund Appropriations be, and the same are hereby,
amended and'reordained to read and provide as follows:
Appropriations
CMERP - Equipment Purchases
Appropriated from General Revenue
08-530-9834-9132
08-530-9971-9003
$ (264,494)
264,494
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).n-v.~
City Clerk. \....;
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
October 18, 2010
Transfer of Funds for Capital Building Improvements
for Employee Health Services
Background:
Employee Health Services provides health services to approximately 100
employees, new hi~es, families, and retirees per week. These services include
public safety and new hire physicals, acute care visits, routine lab work, family
medical services, monitoring chronic health conditions and employee wellness
programming. The purpose of Employee Health Services is to help reduce the
costs associated with the City's overall health insurance claims paid. The clinic is
currently located at 120 Kirk Avenue in leased space at an annual cost of $31,500.
Considerations:
On October 7, 2010, City Council was briefed on the problems and challenges at
the current location of the Employee Health Clinic which includes an unwelcoming
. atmosphere, limited and inadequate exam space, mold, and visible peeling paint.
An opportunity has arisen to move the clinic to a more convenient, City-owned
space located at 107 Church Avenue. This new location will provide adequate
lobby space, better work flow and sufficient exam, lab, and restroom areas. The
cost to renovate the new space is $264,494. Funding previously budgeted for the
Health Department move to the Civic Mall can be reallocated to renovate the space
for the Employee Health Clinic.
Recommended Action:
Adopt the accompanying budget ordinance to transfer funding in the amount of
$264,494 from 08-530-9834-9003 (Health Department/Civic Mall) to an account
titled Employee Health Services Renovation to be established by the Director of
Finance in the Capital Projects Fund.
/7J) "-1-_1 fJ. ~
-~-----------
CHRISTOPHER P. MORRILL
City Manager
Distribution:
Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community
Development
James Grigsby, Assistant City Manager for Operations
Carolyn Glover, Director of Human Resources
.J'~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2010.
No. 38982-101810.
A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the
City's delegation to the 2011 Session ofthe 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 October 18, 2010,
recommended to Council a Legislative Program to be presented at the 2011 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 ofthe Legislative Committee, dated October 18,
2010, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2011
Session of the General Assembly.
2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 2011
Session ofthe General Assembly to attend Council's meeting relating to legislative matters, to be held at 9:00
a.m., on November 1, 2010.
ATTEST:
'.. . ';:ij-.'.. ",\".
~ m..~()Oyt)
City Clerk. L
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, Sow.
Noel Co Taylor Municipal Building, Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540)853-1145
DAVID A. BOWERS
Mayor
October 18, 2010
Council Members
William Do Bestpitch
Raphael E. "Ray" Ferris
Sherman Po Lea
Anita Jo Price
Court Go Rosen
David Bo Trinkle
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: 2011 Leqislative Proaram
Dear Mayor Bowers and Members of Council:
City Council's Legislative Committee has met twice to review the proposed 2011
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 October 12, 2010.
As Chair of the Legislative Committee, I wish to thank the other members of Council,
who comprise the Committee, including Ms. Vaught and Ms. Lewis 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 2011
Session.
WMH/DT/lsc
Attachments
pC:, Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Dr. Rita Bishop, Superintendent, Roanoke City Schools
Annette Lewis, Member, Legislative Committee
Lori Vaught, Member, Legislative Committee
Stephanie M. Moon, City Clerk
2011
LEGISL,A T!IVE PROGRAM
CIIT!Y OFI ROANrOKE
~ _ __ __ J) ____ _ _ J) __ ____ .JJ __ __~
illustration by Blair Marketing. Lynchburg, Va.
CITY COUNCIL
David A. Bowers, Mayor
Dr. David B. Trinkle, Vice-Mayor
William D. Bestpitch
Raphael E. Ferris
Sherman P. Lea
Anita J. Price
Court G. Rosen
CITY MANAGER
Christopher P. Morrill
SCHOOL BOARD
David B. Carson, Chair
Jason E. Bingham, Vice-Chair
Mae G. Huff
Annette Lewis
Suzanne P. Moore
Todd A. Putney
Lori E. Vaught
SUPERINTENDENT
Dr. Rita D. Bishop
William M. Hackworth
City Attorney
464 Noel C. Taylor Municipal Building
Roanoke, VA 24011
540-853-2431
INTRODUCTION
The City Council is pleased to commend this Legislative Program for consideration by
the 2011 Session of the General Assembly. The City Council, representing all the people of
our All-America City, is uniquely qualified to understand the legislative needs of City
government and our people. Weare of the opinion that this Program is responsive to those
needs. As a policy matter, we continue to believe that local governments are the best vehicles
for the delivery of many services to the public because local governments are closest to the
people and the most responsive. We continue to be concerned about the cumulative effect of
Federal and State legislative and regulatory mandates, many of which are unfunded, the
continued erosion of local revenue sources, and the State's fiscal woes.
This Program is a combined Program for City Council and the School Board. You will
note that we have made a conscientious effort to pare our Program down to the issues that we
believe are most important to the citizens of this City. The City Council portion was prepared
by the City Attorney, William Hackworth, with the assistance of comments and suggestions
from Council members, City administrators, and citizens. The School Board portion was
prepared with the assistance of advice and comments from the School Board and
administrators. The entire Program has been carefully reviewed by City Council's Legislative
Committee, which consists of all the members of Council, and Lori Vaught and Annette Lewis
of the School Board. Upon the recommendation of the Legislative Committee, the Program
was adopted and endorsed by City Council on October 18, 2010. See Resolution No.
a copy of which is attached.
If during the course of the Session our legislators have questions concerning the position
of the City or School Board on legislative matters, they are encouraged to contact us. I also
know that representatives of the City and School Board will be in contact with our legislators
on many occasions during the 2011 Session, and their consideration of these communications is
deeply appreciated. With the support of our legislators, and this City is fortunate to have
legislators who are most supportive and responsive to the needs of our City and its citizens, I
know that our City government and School Division will be improved and that the quality of
life for our citizens will be advanced.
David A. Bowers, Mayor
2011 Legislative Program
Le2islation Requested
TransDominion Express Commission.
Sen. Edwards has proposed legislation which would establish the TransDominion Express
Commission to be responsible, within the TransDominion Corridor, for identifying needed construction,
reconstruction, improvements of or repairs to railroads and their facilities and equipment necessary to
provide enhanced passenger rail service, coordinated with freight rail opportunities, within the Corridor.
The Commission may fmance or assist in fmancing any rail transportation project. (Sen. Edwards
patroned S.B. 435 in 2010; it was continued to 2011 in Senate Rules 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, which would have created the Rail
Transportation Development Authority; it failed to report from the Finance Committee.)
School Start Date.
The City's School Board should be authorized to set its school calendar so that the first day
students are required to attend school shall be no earlier than two weeks prior to Labor Day. (Del.
Cleaveland introduced H. B. 771 in 2010; it did not get out of committee.)
Evictions.
Sections 8.01-156, 55-237.1, and 55-248.38:2, Code of Virginia, either authorize or require (the
statutes do not seem consistent in their provisions) sheriffs to remove the personal property of anyone
ordered to be evicted from the premises of another and to set such property in the "public way." This is an
archaic practice that City neighborhoods have complained of for many years, as it usually creates an
unsightly pile ofbelongings that are left for scavengers and the weather to scatter, until such time as they
are either removed by the landlord, or removed by the City, which is a nuisance and an expense to the
City's taxpayers. These sections of the Code of Virginia should be amended to eliminate the provisions
permitting the personal property of persons being evicted from being placed in the "public way".
(Requested by City's Division of Solid Waste Management)
1
Other Lee:islative Priorities
Revenue related requests
Education Funding.
The state has a constitutional duty to meet its education funding obligations. The City supports
full funding of state education programs including the Standards of Quality, incentive, categorical, and
school facilities programs. The City opposes changes in methodology and changes in the division of
fmancial responsibility that result in a shift of funding responsibility from the state to localities. As an
example, the City opposes the elimination or decrease of state funding for state mandated benefits for
school employees. The state should consider alternatives to generate additional funds to fulfill the
constitutional commitment to education. Alternatives could include raising the sales tax or decreasing the
amount of funding for the personal property tax exemption program.
The City opposes policies that lower state contributions to education under the Standards of
Quality or other programs, but do nothing to address the cost of meeting the requirements in the Standards
of Accreditation and Standards of Learning. The state should not continue to maintain and increase
educational requirements while at the same time decreasing state funding.
Restore State Budget Cuts.
The State should restore the funding reductions in local aid made during the last legislative
session, and not make any further reductions in local funding.
BPOL and Machinery and Tools Taxes.
The City oppose efforts by the state to limit local government taxing authority, such as eliminating
the business license tax or the machinery and tools tax.
Arts and Cultural Organizations.
The Commonwealth should continue funding for the Virginia Commission for the Arts, which
makes grants to local arts art and cultural organizations. According to a recent study by the Arts Council
of the Blue Ridge, such organizations and local artists account for about $18 million in tourist spending in
the area, and $760,000 in local and state tax revenues.
Drug Court.
State funding should be maintained for the City's very successful drug court.
Fee for Domestic Violence and Domestic Related Offenses.
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
fme and/or costs otherwise imposed by the courts. (Suggested by the Roanoke Domestic Violence Task
Force.)
State Aid to Public Libraries.
State aid to public libraries has been cut dramatically since full-funding was last achieved in FY
2001. In fiscal year 2010 state aid is only funded at 56% of the level mandated by the Code of Virginia,
which has produced a shortfall in state aid to public libraries of nearly $7 million per year. The 2010
General Assembly approved an additional 15% reduction in state aid for fiscal years 2011 and 2012 which
will drop state support to nearly 50% of the state funding required.
Law Library Fee.
Sec. 42.1-70, Code of Virginia, authorizes localities to assess a sum of up to $4.00 on any civil
action filed in their courts in order to help maintain a law library. The City's law library has seen costs go
2
up, and use by the public has increased substantially. It is requested that the permitted fee be increased to
at least $7.00. (Requested by Sheila Umberger, City Librarian.)
Payment of Taxes, Fees, and Fines Owed the City.
Sec. 15.2-2286.B, Code of Virginia, permits localities to require applicants for special exceptions,
special use permits, variances, rezonings or other land disturbing permits, including building permits and
erosion and sediment control permits, to produce satisfactory evidence that any delinquent real estate
taxes owed the locality have been paid. It is requested that this section be amended to include any taxes
(such as personal property), fees, or fines owed the locality by the owner ofthe subject property.
(Requested by Division of Planning, Building and Development.)
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. In 2008, the
Police Department expended over $13,000.00 for such care. Legislation is requested requiring every
person convicted of an animal-related offense under State or local law pay a fee of$15.00, which fee may
be used by localities to help cover the expense of providing emergency veterinary care. (Requested by
Police Department.)
Sales Tax Payments by State.
Section 58.1-605.F, Code of Virginia, gives the State Department of Taxation a six-month time
period in which to distribute to localities sales taxes that are incorrectly paid to another locality, after an
audit reveals that an incorrect distribution of such taxes has been made. Localities owed such taxes lose
interest on such payments if not paid promptly to the correct locality. It is proposed that the six month
time period permitted for such payments be reduced to thirty days. (Requested by Dana Long, Manager,
Billings and Collections.)
Penalty for Untaxed Cigarettes.
Section 58.1-3832.5, Code of Virginia, provides that localities may impose a penalty for fraud or
evasion of payment of a cigarette tax, but limits the penalty to an amount not to exceed fifty percent of the
tax owed. At the current tax rate of$.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 ofuntaxed 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 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.)
Conservation Easements.
The State should provide some incentive, fmancial or otherwise, for localities which place land
owned by them under a conservation easement, such as assisting in paying for any necessary surveys.
3
Tax-Exempt Financing.
Although it has not yet been an issue in the City, in some Virginia localities (Norfolk and Virginia
Beach, for example) large tax-exempt bond fmancings have been undertaken for non-profits by the
Virginia Small Business Financing Authority (VSBF A), rather than by the local industrial or economic
development authority. This deprives local authorities and their localities of any "say" in the projects, and
deprives the local IDAs/EDAs of the administrative fees that they receive for issuing such bonds. VSBFA
bonds should be limited to small businesses, and the amount of bonds it may issue be capped, so that it
does not compete with local IDAs and EDAs.
Requests related to Quality 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 0 f both plaintiffs and defendants) voted to recommend that the sovereign immunity 0 f 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, while 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 joins
with the Virginia Municipal League in opposing placing the City and other localities under the Virginia
Tort Claims Act.
Dangerous Weapons in Government Buildings.
The City joins with the Virginia Municipal League in supporting legislation to allow local
governments to prohibit or restrict the carrying of dangerous weapons in city and town halls, county
administration b,uildings, public libraries, public community and recreation centers, and public
convention/conference centers. Section 15.2-742, Code of Virginia, currently prohibits localities from
adopting or enforcing any such prohibition or restriction with regard to firearms.
Virginia High School League.
The Virginia High School League (VHSL) is an important and influential part of the Virginia
educational system. As such, City Council and Roanoke City Public Schools (RCPS) believe it is
important that the oversight and organizational structure of the VHSL be examined to ensure its mission,
activities and decision-making processes are consistent with those of the state Department of Education
and supportive of all Virginia school districts and the unique characteristics therein.
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 915.2-504.1, Code of Virginia) and Arlington County (see 915.2-742, Code of
Virginia) have this authority.
Predatory Lending Practices.
Local governments must retain the authority to regulate the location and number of payday
lending institutions, and the state should limit the effective interest rates and fees charged on loans to 36ipercent
4
Plastic Bags.
The City supports legislation such as H. B. 521, introduced by Del. Morrissey in 2011, that would
prohibit retailers from providing customers with plastic bags unless they are (i) durable with handles, (ii)
at least 2.25 mils thick, and (iii) specifically designed and manufactured for multiple use. San Francisco,
the Outer Banks (Currituck, Dare and Hyde Counties), and several other cities (including Paris and
London) have banned such bags, and several other states and cities are considering such a ban. (Requested
by City's Transportation Division, which reports that it must spend as much time picking up litter from
City rights-of-way as it does in mowing along them.)
In the alternative, the City requests that localities be authorized to impose a fee on each plastic bag
distributed by retailers, with such fees to be devoted to litter prevention. Washington D.C.'s 5 cent tax on
plastic bags, instated just this past January, has already proven to have a phenomenal impact: the number
of plastic bags handed out by supermarkets and other establishments dropped from the 2009 monthly
average of22.5 million to just 3 million in January 2010. While significantly reducing plastic waste, the
tax simultaneously generated $150,000 in revenue, which will be used to clean up the Anacostia River.
Chronic Nuisance Properties.
The City requests enabling legislation that would authorize it to adopt a "probationary and rental
occupancy permit" ordinance similar to the ordinance adopted by the City of Raleigh, North Carolina, to
deal with properties that are the source of chronic nuisance complaints, such as repeated breaches of the
peace, property maintenance violations, zoning violations, weeds, trash, inoperable motor vehicles, and
criminal offenses such as drug and alcohol offenses, prostitution, noise, disorderly conduct, and similar
offenses. Raleigh requires the owners of rental property with repeated offenses of this type to register with
the City for a two-year probationary period, and pay a registration fee. The City provides training to such
landlords to assist them to avoid nuisances on their properties. Enforcement relies on civil, rather than
criminal, penalties, in a graduated scale. Repeat violations can result in the owner of the rental property
being prohibited from renting it for a period of time. Further information is available from the City's
Division of Planning, Building and Development
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 identitying 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.)
Smoking in Certain Public Places Outdoors.
Enabling legislation should be enacted to authorize localities to regulate or prohibit smoking in
defined areas outdoors, specifically in proximity to the entrance to public buildings, and in areas where
children's programs or sports are being conducted. These are areas where citizens are exposed to tobacco
smoke, and they often complain of it. Localities currently have no authority to regulate smoking in such
areas.
Vacant Building Registration.
Section 15.2-1127, Code of Virginia, authorizes cities, by ordinance, to require the owners of
buildings that have been vacant for a continuous period of twelve months or more to register such
buildings on an 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." (Del. Ware
introduced H. B. 363 in 2010; it was left in committee.)
5
Reauests related to law enforcement/domestic violence.
Distracted Driving.
Legislation should be adopted prohibiting operators of motor vehicles upon public highways from
driving with pets in their laps. (Requested by Police Department.) (H. B. 533 was introduced in 2008 that
would have added a Section 46.2-811.1 to the Code of Virginia to accomplish this.)
Pedestrians Trespassing on Highways.
Currently, pedestrians who trespass on the right-of-way of Interstate or limited access highways
can only be charged with a "traffic infraction" under rules promulgated by the State's Transportation
Board. In order to promote safety, legislation should be adopted making this a misdemeanor. (Requested
by Police Departinent.)
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 mmors, 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 "materiaL" (Requested by Police Department.) In
addition, language should be added further defming "prostitution", as follows:
918.2-346. Being a prostitute or prostitution.
A. Any person who, for money or its equivalent, commits adultery, fornication, any physical act
with the intent to sexually gratify another, or any act in violation of 918.2-361, or offers to
commit adultery, fornication, any physical act with the intent to sexually gratify another, or
any act in violation of 9 18.2-361 and thereafter deesperforms any substantialmaterial act in
furtherance thereof, shall be guilty of being a prostitute, or prostitution, which shall be
punishable as a Class 1 misdemeanor.
B. Any person who offers money or its equivalent to another for the purpose of engaging in
sexual acts as enumerated above and thereafter deesperforms any substantialmaterial act in
furtherance thereof shall be guilty of solicitation of prostitution and shall be guilty of a Class I
misdemeanor.
Reauests related to f!eneral f!overnment.
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
6
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.
FOIA.
An exemption should be added to Section 2.2-3711 of the Freedom ofInformation Act to permit
governing bodies to discuss in closed meetings the granting of economic development incentives for
projects which already have been announced publicly. Section 2.2-3711.5 ofthe Freedom ofInformation
Act should allow public bodies to meet in closed session to deal with the possibility of the closing or
relocation of a business.
SCHOOL BOARD LEGISLATIVE PRIORITIES
City Council endorses the School Board Legislative Program in its entirety and attaches and
incorporates it into the City Legislative Program.
School Start Date.
The City's School Board should be authorized to set its school calendar so that the first day
students are required to attend school shall be no earlier than two weeks prior to Labor Day. (Del.
Cleaveland introduced H. B. 771 in 2010; it did not get out of committee.)
Education Funding.
The state has a constitutional duty to meet its education funding obligations. The City supports
full funding of state education programs including the Standards of Quality, incentive, categorical, and
school facilities programs. The City opposes changes in methodology and changes in the division of
fmancial responsibility that result in a shift of funding responsibility from the state to localities. As an
example, the City opposes the elimination or decrease of state funding for state mandated benefits for
school employees. The state should consider alternatives to generate additional funds to fulfill the
constitutional commitment to education. Alternatives could include raising the sales tax or decreasing the
amount of funding for the personal property tax exemption program.
The City opposes policies that lower state contributions to education under the Standards of
Quality or other programs, but do nothing to address the cost of meeting the requirements in the Standards
of Accreditation and Standards of Learning. The state should not continue to maintain and increase
educational requirements while at the same time decreasing state funding.
Virginia High School League.
The Virginia High School League (VHSL) is an important and influential part of the Virginia
educational system. As such, City Council and Roanoke City Public Schools (RCPS) believe it is
important that the oversight and organizational structure of the VHSL be examined to ensure its mission,
activities and decision-making processes are consistent with those of the state Department of Education
and supportive of all Virginia school districts and the unique characteristics therein.
7
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2010.
No. 38983-101810.
AN ORDINANCE to appropriate funding from the Federal government and private grants
for various educational programs, amending and reordaining certain sections of the 2010-2011
School Grant Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the
2010-2011 School Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
/
Appropriations
Academic Coach
Retiree Health Credit
Social Security
Virginia Retirement System
Health/Dental
Group Life Insurance
Contracted Services
Travel - Conventions & Education
Capital Equipment
Academic Coach
Supplemental Instruction
Retiree Health Credit
Social Security
Virginia Retirement System
Health/Dental
Group Life Insurance
Contracted Services
Travel - Conventions & Education
Instructional Supplies
Capital Equipment
Academic Coach
Retiree Health Credit
Social Security
Virginia Retirement System
Health/Dental
Group Life Insurance
Contracted Services
Travel - Conventions & Education
Instructional Supplies
Capital Equipment
Academic Coaches
Retiree Health Credit
Social Security
Virginia Retirement System
Health/Dental
Group Life Insurance
Contracted Services
Travel - Conventions & Education
302-110-0000-0280-133E-61100-41124-3-01
302-11 0-0000-0280-133E-611 00-42200-3-01
302-110-0000-0280-133E-61100-42201-3-01
302-11 0-0000-0280-133E-611 00-42202-3-01
302-11 0-0000-0280-133E-611 00-42204-3-01
302-11 0-0000-0280-133E-611 00-42205-3-01
302-110-0000-0280-133E-61100-43313-3-01
302 -11 0-0000-0280-133E-611 00-45554-3-01
302-11 0-0000-0280-133E-611 00-48821-3-01
302-11 0-0000-0420-133E-611 00-41124-2-01
302-11 0-0000-0420-133E-611 00-41129-2-01
302-11 0-0000-0420-133E-611 00-42200-2-01
302-110-0000-0420-133E-61100-42201-2-01
302-11 0-0000-0420-133E-611 00-42202-2-0 1
302-110-0000-0420-133E~611 00-42204-2-01
302-11 0-0000-0420-133E-611 00-42205-2-01
302-11 0-0000-0420-133E-611 00-43313-2-01
302-11 0-0000-0420-133E-611 00-45554-2-01
302-11 0-0000-0420-133E-611 00-46614-2-01
302-11 0-0000-0420-133E-611 00-48821-2-01
302-11 0-0000-0430-133E-611 00-41124-2-01
302-11 0-0000-0430-133E-611 00-42200-2-0 1
302-11 0-0000-0430-133E-611 00-42201-2-01
302-11 0-0000-0430-133E-611 00-42202-2-01
302-11 0-0000-0430-133E-611 00-42204-2-01
302-11 0-0000-043p-133E-611 00-42205-2-01
302-110.,0000-0430-133E-61100-43313-2-01
302-11 0-0000-0430-133E-611 00-45554-2-01
302-11 0-0000-0430-133E-611 00-46614-2-01
302-11 0-0000-0430-133E-611 00-48821-2~01
302-11 0-0000-0280-157E-611 00-41124-3-01
302-11 0-0900-0280-157E-611 00-42200-3-0 1
302-110-0000-0280-157E-61100:"'42201.-3-01
302-11 0-0000-0280-157E-611 00-42202-3-01
302-11 0-0000-0280-157E-611 00-42204-3-01
302-11 0-0000-0280-157E-611 00-42205-3-01
302:'110-0000-0280-157E-61100-43313-3-01
302-11 0-0000-0280-157E-611 00-45554-3-01
$103,213/
619./
7,896 ,/
9,217 ,/
12,883j
289
1,650 \,/
4,000,/
39 400 j
46:000)/
42,500 -/
497 ,
v
6,770 :/
6,353 /
12,060 V"
377 /
8,000 \/
4,000 11
37,150./
J.9,4€?g J
61 687/
'370 ./
4,719f/
5,509 J
11,040 v/
173/
19,510 v
10,000 1//,.
6 000 /
,
56,600 v
223,826 J
1,342 v
17, 122 v'
19,988,-/
24,130 v'
626 vi
19,300 ./
8,000 j
Materials and Supplies
Academic Coaches
Supplemental Instruction
Retiree Health Credit
Social Security
Virginia Retirement System
Health/Dental
Group Life Insurance .
Travel - Conventions & Education
Academic Coaches/Content
Specialists
Retiree Health Credit
Social Security
Virginia Retirement System
Health/Dental
Group Life Insurance
Contracted Services
Travel - Conventions & Education
Capital Equipment
Contracted Services, Elementary
Contracted Services, Secondary
Mileage, Elementary
Mileage, Secondary
Professional Development,
Elementary
Professional Development,
Secondary .
Instructional Supplies, Elementary
Instructional Supplies, Secondary
Purchased Services
Personnel, Supplemental Duty
Social Security
Revenues
Federal Grant Receipts
Federal Grant Receipts
Federal Grant Receipts
Federal Grant Receipts
Private Foundation Grants
Federal Grant Receipts
302-11 0-0000-0280-157E-611 00-46614-3-01
302-110-0000-0420-157E-61100-41124-2-01
302-110-0000-0420-157E-61100-41129-2-01
302-110-0000-0420-157E-61100-42200-2-01
302-110-0000-0420-157E-61100-42201-2-01
302-11 0-0000-0420-157E-611 00-42202-2-01
302-11 0-0000-0420-157E-611 00-42204-2-01
302-110-0000-0420-157E-61100-42205-2-01
302-11 0-0000-0420-157E-611 00-45554-2-01
303-11 0-0000-0350-157S-611 00-41124-2-01
303-11 0-0000-0350-157S-611 00-42200-2-01
303-11 0-0000-0350-157S-611 00-42201-2-01
303-11 0-0000-0350-157S-611 00-42202-2-01
303-11 0-0000-0350-157S-611 00-42204-2-01
303-11 0-0000-0350-157S-611 00-42205-2-01
303-11 0-0000-0350-157S-611 00-43313-2-01
303-11 0-0000-0350-157S-611 00-45554-2-01
303-11 0-0000-0350-157S-611 00-48821-2-01
302-110-11 04-0000-169E-611 00-43313-2-01
302-110-11 04-0000-169E-611 00-43313-3-01
302-110-1104.:.0000-169E-61100-45551-2-01
302-110-11 04-0000-169E-611 00-45551-3-01
302-110-11 04-0000-169E-611 00-45554-2-01
302-110-1104-0000-169E-61100-45554-3-01
302-110-11 04-0000-169E-611 00~46614-2-01
302-110-11 04-0000-169E-611 00-46614-3-01
302-11 0-0000-0350-766E-651 00-43313-2-01
302-110-1101-0000-137E-61100-41129-2-01
302-110-11 01-0000-137E-611 00-42201-2-01
302-000-0000-0000-133E-00000-38010-0-00
302-000-0000-0000-157E-00000-38377 -0-00
303-000-0000-0000-157S-00000-38388-0-00
302-000-0000-0000-169E-00000-38365-0-00
302-000-0000-0000-766 E-00000-33808-0-00
302-000-0000-0000-137 E-00000-36365-0-00
ATTEST:
~=.~
43,999 ./
188,000 ,/
85,OOOV
1,638/
20,885,'/
24,389J
29,657 \/'
764 j
8,000 t/
./
1,107,690
6,646 ./
84,738 ,/
98,917 ./
125,797 v'
3,102 ,/
190,410
18,000
91,950 \/
2,689 v
2,689 r/
1,972 v'
1,972 v
896 v
896 v'
12,369 ,/
12,369/
5,000 /
2,206 ,/
169.1
533,942
716,666 ./
1,727,250./
35,852./
5,000/
2,375 0/
October 18, 2010
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 October 12, 2010, the Board
respectfully requests City Council approve the following appropriatioris,
which impact the Schools' 2010-11 budget:
Q New Appropriations
Title I School Improvement 1003(a) 2010-11
Title I School Improvement 1003(g) 2010-11
ARRA Title I School Improvement 1003(g) 2010-11
Title III-A Immigrant and Youth 2010-11
Good Egg Project: Back to Breakfast Challenge
(Westside) 2010-11
Total New Award
$533,942
$716,666
$1,727,250
$35,852
$5,000
Revised Appropriations
Title III-A Limited English Proficient 2010-11
Additional Award
$2,375
The School Board thanks you for your approval of the appropriation
requests.
Sincerely,
~-W.P~
Cindy H. ~oulton, Clerk
pc: William M. Hackworth
Chris Morrill
Ann Shawver
David B. Carson
Rita D. Bishop
Curt Baker
Margaret Lindsey
Yen Ha (with details)
p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info
ROANOKE CITY
PUBLIC SCHOOLS
Strong Students. Strong Schools. Strong City.
School Board
David B. Carson
Chairman
Jason E. Bingham
Vice Chairman
Mae G. Huff
Annette Lewis
Suzanne P. Moore
Todd A. Putney
Lori E. Vaught
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerk of the Board
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Su bject:
Honorable Mayor and Members of City Council
October 18, 2010
School Board Appropriation Requests
Background:
As the result of official School Board action at its October 12th meeting, the Board
respectfully requested that City Council appropriate funding as outlined in this
report.
The 2010-11 Title I School Improvement 1003 (a) program grant of $533,942
provides funds to aid the division in its effort to increase student learning at low-
performing schools. The program also will help fund the opportunity for-students
to choose a higher-performing school as an alternative. School Improvement
1 003(a) funds are being made available to Addison Middle School and Hurt Park
and Round Hill Elementary Schools in the first year of the funded period. The
program will be fully reimbursed by federal funds and will end September 30,
2011. This is a new program.
The 2010-11 Title I School Improvement 1003 (g) program grant of $716,666
provides funds to aid the division in its effort to increase student learning at low-
performing schools. The program also will help fund the opportunity for students
to choose a higher-performing school as an alternative. School Improvement
1003(g) funds will support Addison Middle School and Hurt Park Elementary
School in years two and three of the funded period. The program will be fully
reimbursed by federal funds and will end September 30, 2013. This is a new
program.
The American Recovery and Reinvestment Act (ARRA) Title I School Improvement
1003 (g) program grant of $1,727,250 provides funds to aid the division in its
effort to increase student learning at low-performing schools. The program also
will help fund the opportunity for students to choose a higher-performing school
as an alternative. ARRA School Improvement 1 003(g) funds will support efforts at
Westside Elementary School over the three-year term of the grant. The program
will be fully reimbursed by federal funds and will end September 30, 2013. This is
a new program.
. , . -,
The 2010-11 Title III-A Immigrant and Youth grant of-$35,852 will use funds on a
reimbursement basis to provide services to immigrant students with limited
English proficiency. The grant period will end September 30,2012. This is a new
prog ram. \
Mayor and Members ofCity Council
October 18, 2010
The 2010-11 Good Egg Project grant of $5,000 provides fund to the Westside
Elementary School to encou rage healthy eating, provide a nutritious breakfast,
and teach science and math skills through cooking and meal preparation
activities. The activities will be done in two first grade classes in partnership with
student volunteers/mentors from Community School's middle school. The
Community School students will develop the activities and implement them at
Wests ide. This is a new program.
The 2010-11 Title III-A Limited English Proficiency grant of $2,375 will use funds
on a reimbursement basis to provide services to students with limited English
proficiency. This revision reflects the actual award amount. The grant period will
end September 30, 2012.
Recommended Action:
We recommend that you concur with this report of the School Board and adopt the
attached budget ordinance to appropriate funding as outlined.
fQJ6~
ANN H. SHAWVER
Director of Finance
~
Distribution: Council Appointed Officers
Rita D. Bishop, Superintendent, RCPS
Curtis Baker, Deputy Superintendent for Operations, RCPS
2
,/:'-.',/ (s
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2010.
No. 38984-101810.
A RESOLUTION paying tribute to James Grigsby on the occasion of his retirement upon fifteen
years of service with the City of Roanoke.
WHEREAS, Mr. Grigsby was born and raised in Cincinnati, Ohio, and served his country for
four years as a member of the United States Air Force;
WHEREAS, Mr. Grigsby has associates degree in both fire fighting and law enforcement, as well
as a Bachelor's degree from Upper Iowa University and a Master's degree from Golden Gate University,
as well as being a graduate of the Police Executive Research Forum;
WHEREAS, Mr. Grigsby launched what would become a 3 8-year public service career with the
Hampton, Virginia, Fire Department in 1972, where he rose to the rank of Captain;
WHEREAS, Mr. Grigsby subsequently worked as Fire Chieffor the Fire Department of Lee's
Summit, Missouri, and as Deputy Chief of Public Safety in the combined FireIPolice Department of
Kalamazoo, Michigan;
WHEREAS, Mr. Grigsby joined the City of Roanoke as Chief of the Fire-EMS Department in
October 1995, where he oversaw the combining of the Fire and EMS functions into one department,
developed a Master Plan for the Fire-EMS Department, led the department to earn national accreditation
in 2002, and led the ISO rate reduction for the city from a Class 3 to Class 2 ISO city;
WHEREAS, Mr. Grigsby was appointed as Acting Assistant City Manager for Operations in July
2005 upon the retirement of Chip Snead, and was invited the following year to accept the role as a
. ,
permanent position;
WHEREAS, during his service as Assistant City Manager, Mr. Grigsby oversaw several
departments within the city including Fire-EMS, General Services, Human Resources, Public Works,
Technology, Civic Facilities and Valley Metro;
WHEREAS, under Mr. Grigsby's leadership, the city successfully privatized management of the
Roanoke Civic Center with Global Spectrum, worked closely with First Transit to ensure a smooth
transition regarding staff changes for the management of Valley Metro, and led the remodeling of the
northern wing of the Noel C. Taylor Municipal Building to which various city department offices have
been relocated;
WHEREAS, Mr. Grigsby is a longtime member of the National Fire Protection Association and
the International Association of Fire Chiefs, past president of the Kansas City Fire Chiefs Association,
member of the Board of Directors of the Virginia Fire Chiefs Association, as well as the Board of the
local Red Cross;
WHEREAS, Mr. Grigsby is a nationally accredited chief fire officer, has received a Fellowship
from the National Fire Academy, has been awarded Executive Fire Officer status by the National Fire
Academy, and has taught fire classes at the Fire Academy as well as several college systems;
WHEREAS, Mr. Grigsby is a devoted husband to wife, Shirley, and father to son, Bobby, and
daughter, Patty, and a dedicated member of First Baptist Church;
WHEREAS, Mr. Grigsby's effective management of the departments under his section has been a
great asset to Roanoke, and his long experience with city government and public safety agencies has been
invaluable in helping the city excel in a broad range of services we provide to residents;
WHEREAS, in addition to his leadership, Mr. Grigsby will be remembered for his teamwork, his
commitment to service, and his ready sense of humor;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke:
1. That it expresses a sincere appreciation to James Grigsby for his dedicated service to the
citizens of the City of Roanoke, Virginia.
2. That it recognizes the exemplary dedication shown by James Grigsby to the highest
standards of professional performance and service.
3. That an attested copy of this Resolution shall be forwarded to James Grigsby.
ATTEST:
~\O).m~
City Clerk .. U
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 240il-1536
Telephone: (540) 853-2541
Fa~: (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
October 20, 2010
Boreham B. Johnson
2924 Rosalind Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Johnson:
I am enclosing copy of Resolution No. 38985-101810 appointing you as a Director of the
Economic Development Authority of the City of Roanoke for a term commencing
October 21,2010, and ending October 20,2014.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, October 18, 2010.
Enclosed you will find a Certificate of your appointment and an Oath or Affirmation
of Office which must be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W. Following the administering of the oath, please return one copy to
Room 456, Noel C. Taylor Municipal Building.
Your Oath must be on file in the City Clerk's Office, Room 456 ih the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which
you were appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy
of the Virginia Freedom of Information Act. The Act requires that you be provided with a
copy within two weeks of your reappointment and each appointee is required "to read and
become familiar with provisions of the Act."
L:\CLERK\DA T A\CKSM I \Oaths\Economic Development Authority\Boreham B. Jolmson oath. doc
Boreham B. Johnson
October 20, 2010
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to serve the City of Roanoke as a Director of the Economic
Development Authority.
Sincerely,
~~ 'n1 . h\\)0vJ
Stephanie M. Moon, CMC ~
City Clerk
Enclosures
pc: Harwell M. Darby, Jr., Secretary, Economic Development Authority of the
City of Roanoke, Glenn, Feldmann, Darby and Goodlatte, P. O. Box 2887,
Roanoke, Virginia 24001, w/application
L:\CLERK\DA T A \CKSM I \Oaths\Economic Development Authority\Boreham B. Johnson oath. doc
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2010.
No. 38985-101810.
A RESOLUTION appointing a Director ofthe Economic Development Authority of the City
of Roanoke.
WHEREAS, the Council is advised that there is a vacancy in the position of Director ofthe
Economic Development Authority of the City of Roanoke, Virginia; mid
WHEREAS, 915.2-4904, Code of Virginia (1950), as amended, provides that appointments
made by the governing body of such Directors shall be .made for terms offour (4) years.
THEREFORE, BE IT RESOLVED by the Council ofthe City of Roanoke that Boreham B.
Johnson is hereby appointed as a Director on the Board of Directors ofthe Economic Development
Authority ofthe CityofRoanoke, Virginia, for a term commencing October 21,2010, and expiring
October 20,2014.
ATTEST:
~hJ.h1[)W
City Clerk. L
K:\Measures\eda appointment 8 jolmson 2010.doc
\
\
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the eighteenth day of October 201 0, BOREHAM B. JOHNSON was appointed
as a Director of the Economic Development Authority, for a term commencing October 21,
)
2010, and ending October 20,2014.
Given under my hand and the Seal of the City of Roanoke this twentieth day of
October 2010.
- ~ Yn. Tv\o~
City Clerk ~
L:\CLERK\DAT A\CKSM I \Oaths\Economic Development Authority\Boreham B. Jolmson oath. doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFf
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
October 19, 2010
Dennis R. Cronk
3310 Kingsbury Circle, S. W.
Roanoke, Virginia 24014
Dear Mr. Cronk:
On December 27, ,1982, the Roanoke City Code was amended to provide that after
completion of three consecutive complete terms of office, no member of a permanent
board, authority, commission or committee shall be eligible for reappointment to the
same office for the next succeeding term.
On October 20,2010, you completed your third consecutive term of office as a Director
of the Economic Development Authority.
The Members of City Council requested that I express sincere appreciation for your
service to the City of Roanoke as a Director of the Economic Development Authority
from March 3, 1997 to October 20, 2010. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
years of service.
Sincerely,
--M:-l D" u:: }hJ. m(}DYJ
QeJ:~on, CMC L
City Clerk
SMM:ctw
Enclosure
pc: Harwell M. Darby, Jr., Secretary, Economic Development Authority, Glenn,
Feldmann, Darby and Goodlatte, P. O. Box 2887, Roanoke, Virginia 24001-2887
Jonathan E. Craft, Deputy City Clerk
. .
>,
"ti "
,"tiN.
':;;0'
.'0
.<:
. . tt1
".;'~'
: " '-.
;- :' .-.1
. {."
.'
z.
.,~
n
".0
,,~ " 0
'~' Z
- --3
'. .~~~ S:' "
~'OCI.L,. ,
V'~"'''- .
,tI10, 00 .
. ~',G: --3; '.
~.:~::~'~. .
'0'> ,0,
H,:Z"'.>
"')S~'i';6
,.' 'g~',.::"
. 0 t:;d, 0
'.' "'IjC,-,: H',
'~'n ....0.
" O'C/l;SJ:
'~'~" "~,;
0';:$ ';',
....~ffi ....
"'Ij'
......~..
~'
'Cj
"b .'
~
.~;.....
o
" ......
.0
',. -." .
. "~~' "
. . ,h _
~~ '.
o
Z,. ,,'." "j.
..~,.;"
8":~'O;~<:';-' '~,
.,000,> "Z
Oa= ttlo, 'z
S4"~ ~~. . "tiJ .
".~. <>".9 Jl',!" '~.'
"" l~J "~""" \J '0 :
..."....~.',@,,~~,..:.,' .~!
o W'2:Q: "0
/'''N ~~~ "'Ij;C,.\ >-7'
0\0;>':':3-: L<;'
-\9 ~ tJ::. '. ~
o "1 '~tfj' ".'.
":' '~("'i~"': ,,' ,
'.,,~
~..,
.~,
'~
as.
Ci.l
;tIj", .,'
Z"
~'
tIj: .
0.
,ct.",
h
tI':1
. :;:0'
,~
..~
'~
~
n
>
~.
:tI':1
'0,
~,
.,,>
~,'
'"tj,
'i~,
,tr1.
,'n.
.....~.
)>.
~:
.,~
o
z
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
October 19, 2010
Cheryl Miller
2631 Creston Avenue, S. W.
Roanoke, Virginia 24015
,
Dear Ms. Miller:
Your term of office as a Commissioner of the Roanoke Redevelopment and Housing
Authority expired on August 31,2010.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a Commissioner of the Roanoke
Redevelopment and Housing Authority from January 7, 2008 to August 31, 2010.
Please find enclosed a Certificate of Appreciation and an aerial view photograph of the
Roanoke Valley in recognition of your years of service.
Sincerely,
~m,~~
Stephanie M. Moon, CMC
City Clerk ,
SMM:ctw
Enclosure
pc: Glenda S. Edwards, Roanoke Redevelopment and Housing Authority, 2624
Salem Turnpike, N. W., Roanoke, Virginia 24017
Jonathan E. Craft, Deputy City Clerk
~.
, ~'"
'0
o
~
',. .:=3
~35
"Z'2:"
ti.~.
~O
trlc:
t:l~
, . '. (I.)
~. 8
.~.,~.'
gl:.~
OQ.)
:=3~
~:c:
Qte '.
"1:1 t:".
~n
Ou)
..~'~
0<:
~@ ~N
t,-rj"8
>..0
::;1
g
'p
.r'
,~
./
.:;tl
o
.~
o
'~'.
'fg"..
, t:l >
trl,(I.)
'..~' ;:$''>---
'. .~l~J'''''''
rl0,r" n
Q'7'O O.
'>. .........t:::o... .......... "'tl...'~
C::,'H .~, ~
8.'~;~. ......(ij
(l.)C:H(I.)
...,..... ".>'> 0
..w'~Z'Z .'
';=' ~ ~ trb;
.....:l v~,
N~ """'"...
o N'~ 0
......00"1:1
o.o,~
. .' "00 CI3 H
. ".~~
o
>
c:
~
:=
o
~
':=3
~
n
~:
~.
~
~
~.
"'1-01
',,~
. ..~.,.
. . ...tfj.
.~.
""0
~
C/.)
t'E
~.....
tr1
tj'..
~
0'
n
tI1
~
~.,.
~.
~
.~
(j
>-
.~
,tI1
o
~.
>-
.......1-0
1-0
.~
n
~
>-
,~
~
o
z
STEPHANIE M, MOON, CMC
City Clerk
Angela S. Penn
506 12th Street, N. W.
Roanoke, Virginia 24017
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
Henry Scholz
2335 Broadway Avenue, S. W.
Roanoke Virginia 24014
Dear Ms. Penn and Mr. Scholz:
Your terms as members of the City Planning Commission will expire on December 31,
2010. If you wish for the Council to consider your applications for reappointment,
please complete the online application on the City's website at www.roanokeva.qov by
5:00 p.m., on Friday, October 29.
If you should need assistance accessing the webpage, please feel free to contact the
City Clerk's Office.
Sincerely,
~TY),~~
Stephanie M. Moon, CMC
City Clerk
pc: Martha P. Franklin, Secretary, City Planning Commission
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
October 20, 2010
Drew H. Kepley
2710 Richelieu Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Kepley:
Your term as a member of the Board of Zoning Appeals will expire on December 31,
2010. If you wish for the Council to consider your application for reappointment, please
complete the online application on the City's website at www.roanokeva.Qov by
5:00 p.m., on Friday, October 29.
If you should need assistance accessing the webpage, please feel free to contact the
City Clerk's Office.
Sincerely,
,. , Oh. mo1h..)
Stephanie M. Moon, CMC CJ
City Clerk
pc: Rebecca Cockram, Secretary, Board of Zoning Appeals
c:;
~
~
"'C
~
~
~
r1
~
~
~
G) ~
<" ~ ~
CD r:/). ~
;:) l"+
c: ~ r1
;:)
a. 11 ~ ~ >
CD ~
.... ~ ()
0 ::0 (D Z ~
c: ~. '
.... I ~ ~ ~
I Q) ~ ~
Q) C) ~ tTi ~
;:) -.
a. =:3 (j en 0
CJ) to 0 0 ~ trl
.-..
::r ::L ~ Z ~
en" ~ 0.. ~ ~
-
->. ..., ~ trl >
Q:) n
5' ~ - t:i
0
0 ::r z ~ ~ ~
Q) ~
'< CD ~ 0 0 ~
0 =:t "Ij
- ~ ~
0 c"
(") o. ~.
.-.. =:3 0 ~ ~
0
0- "~
CD r:/). (1
.... ::r
N
:> 0 ~. ~
::J ->. ~
0 >
tTl
en
:-:l ~
~
0
Z
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
October 20, 2010
CECELIA T. WEBB
Assistant Deputy City Clerk
Douglas C. Waters, Manager
Market Building GP, LLC
Market Building Partners, LP
204 S. Jefferson Street, Suite 9
Roanoke, Virginia 24011
Dear Mr. Waters:
I am enclosing copy of Ordinance No. 38986-101810 accepting the bid of Market
Building Partners, LP, to execute a Lease Agreement to renovate, repair, and operate
the City-owned historic City Market Building located at 32 Market Square, S. E.,
Roanoke, Virginia, for a term of up to forty years; authorizing execution of such Lease
Agreement and certain related documents; authorizing the City Manager to take such
further actions and execute such further documents as may be necessary to implement,
administer, and enforce such Lease Agreement; noting that only one bid was received;
and approving and ratifying the acts of the City Manager and/or other City staff in
connection with obtaining and/or furtherance of the execution, delivery, and performance
of the Lease Agreement.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 18, 2010, and is in full force and effect upon
its passage.
Sincerely,
W~Od). {()<.h-0
Stephanie M. Moon, CMC ~
City Clerk ,
Enclosu re
pc:
Harwell S. Darby, Jr., Counsel, Market Building F9undation, Glenn, Feldmann,
Darby and Goodlatte, P. O. Box 2887, Roanoke, Virginia 24001
Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
'-
L:\CLERK\DATA\CKSMl\Agenda Correspondence\October 18,2010 correspondence.doc
j}1'
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2010.
No. 38986-101810.
AN ORDINANCE accepting the bid of Market Building Partners, LP, to execute a Lease
Agreement to renovate, repair, and operate the City-owned historic City Market Building located
at 32 Market Square, S.E., Roanoke, Virginia, for a term of up to forty (40) years (Lease
Agreement); authorizing the execution of such Lease Agreement and certain related documents;
authorizing the City Manager to take such further actions and execute such further documents as
may be necessary to implement, administer, and enforce such Lease Agreement; noting that only
one bid was received; approving and ratitying the acts of the City Manager and/or other City
staff in connection with 0 btaining and/or furtherance 0 f the execution, delivery, and performance
of the Lease Agreement; providing for an effective date; and dispensing with the second reading
by title ofthis Ordinance;
WHEREAS, City Council has determined that the City of Roanoke, Virginia (City) has
an immediate need for the renovation, repair, and the operation of the historic City Market
Building located at 32 Market Square, S.E., Roanoke, Virginia (Property) to serve the needs of
the residents of the City (such renovation, repair, and operation of the Property being referred to
as the "Project");
WHEREAS, the City has, by advertisement published once a week for two successive
weeks in a paper of general circulation published in the City, publicly invited bids for the
execution of a Lease Agreement for the Project, including a proposed Lease Agreement and
\ Lease Buy-Out Agreement for review;
WHEREAS, the City desires to enter into a Lease Agreement in order to facilitate the
ProjeCt so that the Property may be used for a Market Building for retail food and goods, similar
7965/27/3413250v4
7965/27/3413250v4 2
3. The City Manager is hereby authorized to execute a Lease Agreement between
the City and Lessee for the Project, upon' such terms set forth above and in substantial
conformance with the proposed Lease Agreement described by the public advertisement for the
bids, and upon such other terms and conditions as the City Manager deems appropriate and may
agree to with Lessee, as further set forth in the City Manager's report to this Council dated
October 18, 2010.
4. The City Manager is authorized to take such further actions and to execute such
further documents as may be necessary to implement, administer, and enforce such Lease
Agreement, and any such other agreements or documents relating to the Project, including; but
not limited to:
(a) Lease Buy-Out Option Agreement;
(b) assignments to the Lessee of the construction contract dated June 22,
2010, between the City and Martin Bros. Contractors, Incorporated (d/b/a MB
Contractors, Inc.), as amended; the architectural and engineering contract for professional
services dated January 29, '2009, between the City and Cunningham+Quill Architects,
PLLC, as amended; the environmental inspection and testing services contract dated
September 9, 2019, between the City and ECS - Mid-Atlantic, LLC; the contract for
LEED commissioning services dated April 19, 2010 between the City and 2rw
Consultants, Inc.; the contract for architectural historian services dated November 3,
2009, between the City and Hill Studio, P.C., as amended; and any other associated
contracts entered by the City related to services to be provided to the Project;
(c)
(d)
(e)
any necessary co-development agreement relating to the Project;
any necessary contribution agreement relating to the Project; and/or
any necessary performance agreement relating to the Project.
7965127/3413250v4
3
5. The form of the above mentioned Lease Agreement and the other documents
referred to above are to be approved by the City Attorney.
6. The City Manager shall keep City Council advised of any substantial changes to
the Lease Agreement and any of the other documents referred to above. Such notification, to the
extent reasonably practical, shall be prior to the City Manager executing any such documents.
7. The City Attorney is authorized to record or cause to be recorded the Lease
Agreement (or a Memorandum thereof) in the Clerk's Office for the Circuit Court ofthe City of
Roanoke.
8. All acts of the City Manager and other City staff that occurred prior to or occur
after the adoption of this Ordinance that are in conformity with the purposes and intent of this
,Ordinance and in furtherance 0 f the execution, delivery, and performance 0 f the City Lease
Agreement, and/or the undertaking of the Project are hereby approved and ratified.
9. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
10. This Ordinance is effective as of the date of its passage.
ATTEST:
City Clerk
nJ. ~~
7965/27/3413250v4
4
I,
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Su bject:
Honorable Mayor and Members of City Council
October 18, 2010
Award to Market Building Partners, lP of a lease Agreement to
Perform the Renovation, Repair, and Operation of the City
Market Building
Background:
The City of Roanoke is owner of the City Market Building, located at 32 Market
Square, S.E.. On September 5, 2010, the City Market Building was closed so
that it could be renovated and then released for commercial uses consistent
with the overall development plan of Downtown Roanoke. In order to facilitate
the Market Building's renovation, various sources of funding have been
identified for the project including cash, issuance of general obligation bonds
of the City of Roanoke, and cash proceeds from the syndication of state and
federal historic rehabilitation tax credits and New Markets tax credits.
Successful use of this complex structure of financing requires that the Market
Building project be undertaken by an entity other than the City. In order to
establish the appropriate project structure, the City has publicly invited bids'
from interested parties to undertake the renovation, repair, and operation of
the Market Building which will include issuing subleases to tenants operating in
the Market Building.
The lease term necessitated to su pport the tax credit financing is for a forty
year period. Due to the length of the lease term, the Code of Virginia requires
that the proposed lease be advertised for bidding by the pu blic and a pu blic
hearing be held on the matter. An invitation for bids from the public was
properly advertised and a public hearing and opening of bids was scheduled for
October 18, 2010.
Considerations:
Public advertisements for an Invitation for Bids and for a Public Hearing on the
matter were placed in the Roanoke Times on October 3 and 10, 2010, as
required by the Code of Virginia. A copy of the necessary Bid Form, Proposed
Lease, Proposed Buy-Out Option Agreement, Existing Project Contracts, and
Proposed Ordinance were made available to the public in the City Clerk's Office
on and after October 1, 2010. Bids were to be submitted to the City Clerk on
or before Noon, 12 p.m., local time, on Monday, October 18, 2010. All such
bids received at or before that time were held by the City Clerk, unopened, until
2:00 p.m., local time, Monday, October 18, 2010, at which time they were
delivered to the Council Chambers and publicly opened and read aloud, all in
accordance with Section 15.2-2102 Code of Virginia (1950), as amended.
One written bid to Lease the Historic City Market Bu ilding Property, as
mentioned above, was received by the City Clerk on or before Noon, 12 p.m.,
October 18, 2010. This bid was opened and read aloud at the 2:00 p.m.
session of City Council in Council Chambers located in Room 450, Noel C.
Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011.
The bid was from Market Building Partners, LP, by its general partner Market
Building GP, LLC, to lease, renovate, repair and operate the Market Building,
subject to certain terms and conditions as contained in the proposed Lease
Agreement that was made available to the public as mentioned above. The
matter was referred to the City Manager for review, evaluation, and to finalize
the terms and conditions of such Lease Agreement. The final terms and
conditions are subject to approval by City Council. A copy of the proposed
Lease Agreement with attachments, is attached to this letter.
In its submitted Bid, Market Building Partners, LP, agrees to enter into and be
bound by the Lease Agreement to renovate, use, and operate the City Market
Building; enter intoand be bound by the Lease Buy-Out Option Agreement, and
other necessary related agreements and documents; pay rent of One Dollar
($1 .00) per year, paid in forty (40) annual payments, and commit to expend the
funds necessary to renovate, equip, and operate the City Market Building as set
forth in existing project contracts previously made available to thepu blic and
any other associated contracts or expenses incurred by the City related to
services to be provided to the Project. Market Building Partners, LP, also
commits to expend up to $10,000,000 to satisfy the renovation, equipment,
and operational requirements under the Lease Agreement during its term.
In narrative statements also contained in its Bid, Market Building Partners, LP,
commits to enter into agreements with the City of Roanoke and the Economic
Development Authority of the City of Roanoke, Virginia (EDA) to establish the
financing structure necessary for the successful completion of the Project, and
in conjunction with Market Building Foundation, Inc., is prepared to implement
the project in a manner consistent with the City of Roanoke's plans for the
Market Building and the overall City Market area. Market Building Partners, LP,
also intends to maintain the unique local flavor of the tenants in the Market
Building in order to maintain the diversity and uniqueness that will make the
Market Bu ilding a strong activity anchor in the heart of the City Market area.
Market Building Partners, LP, has not requested any changes to the proposed
Lease Agreement that was previously publicly advertised.
The forty (40) year term of the Lease Agreement would commence on October
19, 2010, and end on October 18, 2050, unless sooner terminated as provided
for in the Lease Agreement or by law.
After proper and timely Notice as required by the Code of Virginia, City CounCil
held a public hearing on this matte'r at its 7:00 p.m. meeting on October 18,
2
2010, at which hearing all parties in interest and citizens were given an
opportunity to be heard on the proposed Lease Agreement.
The City Manager recommends that City Council accept the bid of Market
Building Partners, LP, for a Lease Agreement to lease, renovate, repair, and
operate the Historic City Market Bu ilding Property, and approve the execution of
the proposed Lease Agreement, a copy of which is attached to this letter.
Recommended Action:
That City Council accept the bid of Market Building Partners, LP, and award the
Lease Agreement to lease, renovate, repair, and operate the Historic City Market
Building Property to such entity.
Authorize the City Manager to execute a forty (40) year Lease Agreement
between the City and Market Building Partners, LP, for the purposes set forth
above and subject to the terms of the Lease Agreement, which Agreement shall
be substantially similar to the one attached to this letter, and in a form
approved by the City Attorney.
Authorize the City Manager to take such further actions and to execute such
fu rther docu ments, approved as to form by the City Attorney, as may be
necessary to implement, administer, and enforce such Lease Agreement, and
any such other agreements or documents relatir:lg to the Project, including, but
not limited to:
a. Lease Buy-Out Option Agreement;
b. Assignments to Lesee of various existing Project contracts necessary
to implement the renovation of the City Market Bu ilding;
c. any necessary Co-deve,lopment Agreement relating to the Project;
d. any necessary Contribution Agreement relating to the Project; and/or
e. any necessary Performance Agreement relating to the Project.
Direct the City Manager to keep City Council advised of any substantial changes
to the Lease Agreement and any of the other documents referred to above.
Provide that such notification, to the ,extent reasonably practical, shall be prior
to the City Manager executing such documents.
Authorize the City Attorney to record or cause to be recorded the Lease
Agreement (or a Memorandum thereof) in the Clerk's office for the Circuit Court
of the City of Roanoke.
Provide that acts of the City Manager and other City staff that occurred prior to
or occur after the adoption of this Ordinance that are in conformity with the
purposes and intent of this Ordinance and in furtherance of the execution,
~elivery, and performance of the City Lease Agreement, and/or the undertaking
of the Project are approved and ratified.
3
C-~~ILL--
City Manager
Attachment
Distribution:
Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community
Development
Douglas C. Waters, Manager, Market Building GP, LLC
Harwell S. Darby, Jr., Counsel, Market Building Foundation
4
7965/27/3378023v9
LEASE AGREEMENT (PROPOSED)
between
THE CITY OF ROANOKE, VIRGINIA
and
LEASE AGREEMENT
THIS LEASE AGREEMENT, dated on October 19, 2010 (this "Lease"), IS made
between the CITY OF ROANOKE, VIRGINIA ("Lessor"), and
("Lessee") (collectively, the "Parties").
WHEREAS, Lessor is the owner of the historic City Market Building, located at 32
Market Square, S.E., Roanoke, Virginia; and
WHEREAS, the City Market Building was closed on Sep'
be renovated and then re-leased for commercial use consistent
for Downtown Roanoke; and
r , 2010, so that it may
overall development plan
WHEREAS, Council for the City of Roanoke ~~' ,,0 cil), pu t to Virginia Code
S ~5.~-2100 et seq., publicl~ invited b~ds for the;ovation and . leasing , e City Market
BUIldmg, and properly advertIsed an ordmance pr:$ to gf: t thIS Lease; a
WHEREAS, City Council received
Lessee to perform the renovation and leasing of the City
of Ordinance Number opted on
_) qualified hi s and selected
Building, through the adoption
; and
Istorical renovation of the
ity 0 e Construction Contracts as
for such historic renovation of
WHEREA~
from the Lessor; and
ct, the Lessee desires to lease the Project
se the Project to the Lessee, upon the terms and
ut Option executed by the Parties of even date herewith,
terminate this Lease (the "Citv Option");
NOW,
well as other con
Parties do agree as fo
, in consideration of the mutual promises provided for herein, as
the receipt and adequacy of which is hereby acknowledged, the
1
7965/27/3378023v9
DEFINITIONS
Capitalized terms not otherwise defined herein shall have the following meanings:
"Casualty" shall occur if the Premises or any part thereof is damaged or destroyed by fire,
flood or other risk normally covered by insurance.
"Code" means the Internal Revenue Code of 1986, as amended, and any trea~ury
regulations or published rulings and procedures promulgated thereunder.
"Commencement Date" shall be as of October 19, 2010.
"Compensation" shall mean all awards, compensations and Insurance payments on
account of any Condemnation or Casualty.
"Condemnation" shall occur if the use, occupancy or title of the Premises or any part
thereof is taken, requisitioned or sold in, by or on account of any actual or threatened eminent
domain proceeding or other action by any person having the power of eminent domain.
"Construction Contracts" shall mean, collectively, (1) the construction contract dated
June 22, 2010, between the City and Martin Bros.' Contractors, Incorporated (d/b/a MB
Contractors, Inc.) (as amended); (2) the architectural and engineering contract for professional
services dated January 29, 2009, between the City and Cunningham+Quill Architects, PLLC, as
amended (the "A&E Contract"); (3) the environmental inspection and testing services contract
dated September 9, 2010, between the City and ECS - Mid-Atlantic, LLC; (4) the contract for
LEED commissioning services dated April 19, 2010 between the City and 2rw Consultants, Inc.;
(5) the contract for architectural historian services dated November 3, 2009, between the City
and Hill Studio, P.C., (as amended) and (6) any other associated expenses incurred by the City
related to services to be provided to the Project.
"Construction Term" shall mean the term beginning as of June 22, 2010, and ending on
the later of May 31, 2011, or the earliest date on which a certificate of occupancy is, issued for
the Premises.
"Event of Default" shall have the meaning provided for in Section 7.01(a).
"Environmental Laws" shall have the meaning provided for in Section 5.05(a)(i).
"FEMA" shall mean the Federal Emergency Management Agency.
"Governmental Unit" shall have the meaning provided for in Section 5.05(a)(iii).
"Improvements" shall be defined collectively as all additions, changes, demolition and
other such work undertaken by the Lessee in the Project.
"Indemnified Parties" shall mean Lessor, any official, director or employee of Lessor, as
well as those of their respective agents, employees, invitees which are related to the Premises or
the Project.
2
7965/27/3378023v9
"Legal Requirements" shall mean all laws, ordinances and regulations and other
governmental rules, orders and determinations presently in effect or hereafter enacted, made or
issued, whether or not presently contemplated applicable to the Premises or the ownership,
operation, use or possession thereof and (including by way of speculation and not of limitation)
any leasehold taxes. '
"Lessee" shall mean
"Lessor" shall mean the City of Roanoke, Virginia.
"Net Proceeds" shall have the meaning provided for in Section 6.01(b).
"Parties" shall mean the Lessor and the Lessee, collectively.
"Premises" shall mean the City Market Building, including the surrounding sidewalks,
located at 32 Market Square, S.E., Roanoke, Virginia, as more particularly described on
Schedule A hereto, which is made a part hereof.
"Regulated Substances" shall have the meaning provided for in Section 5.05(a)(i).
"Restoration Cost" shall be the maximum cost, agreed upon by the Lessee and Lessor, of
rebuilding, replacement, or repair of the Premises after Condemnation or Casualty.
"Rent" shall mean $
per year.
"Severable Prooertv" shall mean any items of personal property, as defined under
Virginia law.
"Term" shall mean the period of time running from the Commencement Date until the
fortieth anniversary hereof.
ARTICLE I
Section 1.01. Lease of Premises; Title and Condition. In consideration of the rents and
covenants herein stipulated to be paid and performed by Lessee and upon the terms and
conditions herein specified, Lessor hereby leases to Lessee, and Lessee hereby leases from
Lessor, the Premises. The Premises are leased to Lessee in their present condition without
representation or warranty by Lessor and subject to the existing state of title, and to all applicable
Legal Requirements now or hereafter in effect. Lessee has examined the Premises and has found
all of the same satisfactory for all purposes.
Section 1.02. Sublease and Use. The Parties acknowledge and anticipate that Lessee,
after completion of the renovation, may sublease the entire completed Premises to a sublessee
under a master sublease in order to facilitate any tax credit financing that Lessee may utilize.
Furthermore, Lessor acknowledges and anticipates that such a sublessee, may in tum ma~ter
sublease the entire Premises to yet another master sublessee, which will ultimately manage the
Premises through yet other subleases for specific space within the Premises. Any and all
subleases shall require compliance with the applicable terms of this Lease, including Section
3
7965/27/3378023v9
1.02. The Lessor acknowledges the potential existence of such subleases and agrees to honor the
terms of such valid subleases. Lessor agrees to enter into such reasonable non-disturbance,
subordination and attornment agreements as may be requested by any valid sublessee and/or its
lender.
During the Construction Term Lessee shall use the Premises for the sole purpose of
undertaking the renovation thereof in conformity with the requirements of Section 2.02.
After the Construction Term, the Lessee shall operate and manage, or cause to be
operated and managed, the Premises as a public place, which may include appropriate retail
sales, restaurant and food court vendors, and an area for public and private assemblies and
gatherings. Lessee will endeavor to sublease the Premises, or cause the Premises to be subleased
by a master subtenant(s), to a variety of tenants operating locally and regionally-based businesses
(meaning based in the City of Roanoke, Roanoke County or a contiguous 10cality)("Intended
Tenants"), but in the event that Lessee (or its master subtenant(s)) is not able to identify Intended
Tenants that, in Lessee's opinion (or the opinion of its master subtenant(s)), are financially able
to enter into subleases for reasonable terms as determined by Lessee (or its master subtenant(s)),
then Lessee (or its master subtenant(s)) may sublease the Premises to other businesses. The
Lessee (or its master subtenant(s)) shall not use the Premises for any other purpose without first
obtaining the written consent of the Lessor, which consent Lessor agrees to not unreasonably
withhold. After completion of the renovation, Lessee (or its master subtenant(s)) agrees to keep
the Premises open to the public as many hours of the day and as many days of the week as the
Lessee (or its master subtenant(s)) deems to be commercially reasonable for the successful
operation of the Premises as a whole. '
For purposes of this Lease, any tenant that occupied the Premises as of July 1,2010, who
was not in default and was current on all rental payments as of September 4, 2010, shall be
deemed to be an Intended Tenant ("Prior Intended Tenants"). Lessor will provide to Lessee the
identity of and contact information for each of these Prior Intended' Tenants on or before
November 1,2010. Lessee agrees to provide, prior to offering spaces to other potential tenants, a
notice to any such tenant that it shall have an Option of First Offer ("Option") to sublease from
Lessee a similar space in the renovated Premises. The Lessee's notice shall provide that, in order
to exercise such Option, the tenant shall provide written notice to Lessee of tenant's intent to
lease such similar space within 30 consecutive calendar days of receipt of the Lessee's notice..
The tenant's failure to provide Lessee with a timely written notice shall result in the tenant's
forfeiture of the Option. On receipt of the tenant's written notice, Lessee will provide the tenant
with a form sublease containing terms and conditions acceptable to Lessee and shall thereafter,
for a period of forty-five (45) consecutive calendar days, attempt to enter into a new sublease
with the tenant. If Lessee and the tenant are not able to successfully negotiate and execute a new
sublease on or before the end of the forty-five (45) day period, then that tenant's Option of First
Offer shall automatically expire and be null and void, unless the Lessee and tenant mutually
agree to extend such time period.
Lessee shall offer to a Prior Intended Tenant that exercises the Option, as part of an
executed sublease agreement, an amount of build-out assistance of up to the following amounts,
subject to available project funds:
4
7965/27/3378023v9
Retail/Non-Food Service Busine~ses
$15,000
$35,000
Food Service Businesses
All such build-out assistance shall be expended only on or for items and/or improvements
that shall remain on the property of the Lessor upon the termination of any sublease, and may not
be used for the acquisition of any personal property of the Prior Intended Tenant. Lessee shall
have the sole discretion to negotiate in good faith with Prior Intended Tenants that exercise the
Option, to substitute terms and conditions of a sublease agreement that may be of equivalent
value and/or benefitto the tenant as the build-out assistance described above.
Section 1.03. Term. This Lease shall run for the Term, unless terminated by the City
Option or by law, or extended by mutual written agreement of the Parties.
Section 1.04. Rent. Unless an Event of Default is occurring, Lessee shall pay no rent
during the Construction Term. During the portion of the Term not constituting the Construction
Term, or if an Event of Default occurs and is continuing during the Construction Term, Lessee
shall pay to Lessor, in immediately available funds without prior notice or demand, the Rent. If
Rent is paid annually, Rent shall be due no later than the 151 day of June of each year of the
Term. If Rent is to be paid quarterly, Rent payments shall be paid in advance of the first day of
each calendar quarter for the Term.
Each rent payment shall be paid in lawful money of the United States of America. Rent
shall be paid to Lessor as set, forth in writing by Lessor to Lessee, or to such other person as
Lessor from time to time may designate. Lessor shall give Lessee not less than fifteen (15) days'
notice in writing of any change in the address to which such payments are to be made.
ARTICLE II
Section 2.01. Maintenance, Repair and Utilities.
(a) Lessee shall be liable for and shall repair or restore any loss or damage of
the Premises caused by the negligence or intentional acts of Lessee; by the negligence or
intentional acts of its guests, invitees, agents, employees, or representatives; or by
vandalism, malicious mischief, or any risk normally covered by insurance.
(b) Lessee shall pay all utilities related to the Premises.
Section 2.02. Construction. Lessee shall make Improvements and otherwise undertake
the Project as described in and subject to all terms of the Construction Contracts, which are
incorporated herein as if fully restated. To the extent the City makes any payments under these
contracts prior to their assignment to Lessee, Lessee will reimburse the City for those payments.
Lessee further warrants as follows:
(a) In no event shall the fair market value, the utility, the square footage or the
useful life of the Premises be lessened by the Project;
5
7965/27/3378023v9
(b) The Project shall be expeditiously completed in a good and workmanlike
manner during the Construction Term, in compliance with all applicable Legal
Requirements and the requirements of all insurance policies required to be maintained by
Lessee hereunder.
(c) The Project shall be performed in accordance with the Interior
Department's "Standard for Rehabilitation" and the terms and approvals of the National
Park Service and the Virginia Department of Historic Resources;
(d) Lessee shall furnish Lessor with such surety bonds or other security
acceptable to Lessor as shall be necessary in Lessor's opinion to assure rebuilding of such
Improvements; and
(e) All additions and alterations, rehabilitation, renovations and repairs of the
Premises, except for Severable Property, without consideration by Lessor, shall be and
remain part of the Premises and the property of Lessor and shall be subject to this Lease.
Section 2.03. Taxes. Lessee shall pay any and all real estate taxes, including leasehold
taxes, and assessments levied with respect to the Premises and any and all taxes and assessments
associated with Lessee's use of the Premises assessed by any public authority having
jurisdiction, as the same may become due and payable, during the term of this Lease or any
extension. Any such taxes or assessments with respect to tax years which extend prior or
subsequent to the date of commencement or termination of this Lease shall be prorated for the
portion of such tax year that the Lease is in effect. In the event that any or all of Lessee's
leasehold improvements, equipment, furniture, fixtures, and other personal property shall be
assessed and taxed with the real property, Lessee shall pay to Lessor its share of such taxes
within ten (10) days after delivery to Lessee by Lessor of a statement in writing setting forth the
amount of such taxes applicable to Lessee's property.
ARTICLE III.
[reserved]
ARTICLE IV
Section 4.01. Transfer or Pledge by Lessor. Lessor shall be free to transfer its interest
in the Premises or any part thereof or interest therein, subject, however, to the terms of this Lease
and applicable law. A transfer of such interest shall relieve the transferor of all liability and
obligation hereunder (to the extent of the interest transferred) accruing after the date of the
transfer, provided that such transferee specifically assumes such liabilities in a written instrument
delivered to Lessee. Lessor shall be free to pledge or mortgage its interest in the Premises to the
extent allowed by law, and this Lease is and shall be subordinate to any mortgage, and Lessee
shall execute any subordination agreement requested by such mortgagee.
Section 4.02. Assignment of Lease Agreement. The Lessee (a) consents to any
assignment of this Lease by the Lessor; (b) agrees to execute and deliver such further
acknowledgements, agreements and other instruments as may be reasonably requested by the
Lessor to effect such assignment; (c) agrees to make all payments due to the Lessor under this
6
7965/27/3378023v9
Lease directly to the assignee; and (d) agrees to comply fully with the terms of such assignment
so long as such assignment is not inconsistent with the provisions hereof.
ARTICLE V
Section 5.01. No Set-Off Rights.
(a) It is expressly understood and agreed by and between the parties that the Rent
and all other sums payable hereunder to or on behalf of Lessor shall be paid without
notice or demand and without set-off, counterclaim, abatement, suspension, deduction or
defense.
(b) Except as otherwise expressly provided in the Lease, this Lease shall not
terminate, nor shall Lessee have any right to terminate this Lease or be entitled to the
abatement of any Rent or any reduction thereof, nor shall the obligations hereunder of
Lessee be otherwise affected, by reason of any damage to or destruction of all or any part
of the Premises from whatever cause, the taking of the Premises or any portion thereof by
condemnation or otherwise, the prohibition, limitation or restriction of Lessee's use of the
Premises, or interference with such use by any private person or corporation, or Lessee's
acquisition of ownership of the Premises or otherwise than pursuant to an express
provision of this Lease, or for any other cause whether similar or dissimilar to the
foregoing, any present or future law to the contrary notwithstanding, it being the intention
of the parties hereto that the Rent and all other charges payable hereunder to or on behalf
of Lessor shall continue to be payable in all events and all of the obligations of Lessee
hereunder ,shall continue unaffected, unless the requirement to payor perform the same
shall be terminated pursuant to an express provision of this Lease. Nothing contained in
this section shall be deemed as a waiver by Lessee of any rights that it may have to bring
a separate action with respect to any default by Lessor hereunder or under any other
agreement and to recover the cost and expenses, including reasonable attorneys' fees and
expenses, associated with such separate action.
(c) Lessee covenants and agrees that it will remain obligated under this Lease in
accordance with its terms, and that Lessee will not take any action to terminate, rescind
or avoid this Lease, notwithstanding the bankruptcy, insolvency, reorganization,
composition, readjustment, liquidation, dissolution, winding-up or other proceeding
affecting Lessor or any assignee of Lessor in any such proceeding and notwithstanding
any action with respect to this Lease which may be taken by any trustee or receiver of
Lessor or of any assignee of Lessor in any such proceeding or by any court in any such
proceeding.
(d) Except as otherwise expressly provided in the Lease, Lessee waives all rights
now or hereafter conferred by law (i) to quit, terminate or surrender this Lease or the
Premises or any part thereof or (ii) to any abatement, suspension, deferment or reduction
of the Rent, or any other sums payable hereunder to or on behalf of Lessor, regardless of
whether such rights shall arise from any present or future constitution, statute or rule of
law.
7
7965/27/3378023v9
Section 5.02. Compliance With Law. Lessee shall comply with and cause the Premises
to comply with and shall assume all obligations and liabilities with respect to (i) all Legal
Requirements and (ii) all agreemerits, contracts, insurance policies (including, without limitation,
to the extent necessary to prevent cancellation thereof and to insure full payment of any claims
made under such policies), covenants, conditions, and restrictions now or hereafter applicable to
the Premises or the ownership, operation, use or possession thereof, including, but not limited to,
all such Legal Requirements, contracts, agreements, covenants, conditions and restrictions which
require structural, unforeseen or extraordinary changes; provided, however, that, with respect to
any of the obligations of this Lease in clause (ii) above which are not now in existence, Lessee
shall not be required to comply unless Lessee is either a party thereto or has given its written
consent thereto, or unless the same is occasioned by Legal Requirements or Lessee's default
(including any failure or omission by Lessee) under this Lease. Nothing in clause (ii) of the
immediately preceding sentence shall modify the obligations of Lessee under Section 5.04 of this
Lease.
Section 5.03. Liens. Lessee will remove and discharge any charge, lien, security interest
or encumbrance upon the Premises or upon any Rent which arises for any reason, including,
without limitation, all liens which arise out of the Project, possession, use, occupancy,
renovation, construction, repair or rebuilding of the Premises or by reason of labor or materials
furnished or claimed to have been furnished to Lessee or for the Premises, but not including (a)
this Lease and any assignment hereof or any sublease permitted hereunder and (b) any mortgage,
charge, lien, security interest or encumbrance created or caused solely by Lessor or its agents.
Lessee may provide a bond or other security acceptable to Lessor to remove or pay all cost
associated with the removal of any such lien. Notice is hereby given that Lessor will not be
liable for any labor, services or materials furnished or to be furnished to Lessee, or to anyone
holding an interest in the Premises or any part thereof through or under Lessee, and that no
mechanic's or other liens for any such labor, services or materials shall attach to or affect the
interest of Lessor in and to the Premises.
Section 5.04. Indemnification. Except in cases of gross negligence or willful
misconduct on the part of the Indemnified Parties, the Lessee shall, to the extent permitted by
Virginia law, pay, protect, indemnify, and save harmless the Indemnified Parties from and
against, any and all liabilities, losses, damages, costs, expenses (including, without limitation,
reasonable attorneys' fees and expenses), causes of action, suits, claims, demands or judgments
of any nature arising from (a) injury to or death of any person, or damage to or loss of property,
on the Premises or any adjoining sidewalks, streets or ways, or connected with the use, condition
or occupancy of any thereof, (b) violation by Lessee of this Lease, and (c) use, act or omission of
Lessee or its agents, contractors, licensees, sublessees or invitees.
Section 5.05. Environmental Compliance.
(a) For purposes of this Lease:
(i) the term "Environmental Laws" shall mean and include the
Resource Conservation and Recovery Act, as amended by the Hazardous and
Solid Waste Amendments of 1984, the Comprehensive Environmental Response,
Compensation and Liability Act, the Hazardous Materials Transportation Act, the
8
7965/27/3378023v9 '
Toxic Substances Control Act, the Federal Insecticide, Fungicide and Rodenticide
Act and all applicable state and local environmental laws, ordinances, rules,
requirements, regulations and publications, now or hereafter existing, relating to
the preservation or regulation of the public health, welfare or environment or the
regulation or control of toxic or hazardous substances or materials;
(ii) the term "Regulated Substances" shall mean and include any, each
and all substances or materials now or hereafter regulated pursuant to any
Environmental Laws, including, but not limited to, any such substance or material
now or hereafter defined as or deemed to be a "regulated substance," "pesticide,"
"hazardous substance" or "hazardous waste" or included in any similar or like
classification or categorization thereunder; and
(iii) "Governmental Unit" shall mean any federal or governmental,
legislative, executive or judicial body charged with the enforcement,
implementation or interpretation of any Environmental Law.
(b) Lessee shall:
(i) not cause or permit any Regulated Substance to be placed, held,
located, released, transported or disposed of on, under, at or from the Premises in
violation of Environmental Laws;
(ii) contain at or remove from the Premises, or perform any other
necessary remedial action regarding, any Regulated Substance in any way
affecting the Premises if, as and when such containment, removal or other
remedial action is required, but only to the extent required by a Governmental
Unit, pursuant to an applicable Environmental Law. If not required, Lessee, at its
election, may conduct such remedial action, but any containment, removal or
remediation of any kind involving any Regulated Substance in any way adversely
affecting the Premises shall be in compliance with all Environmental Laws and, if
Lessor shall reasonably believe that any environmental concern exists with
respect to the Premises, then, upon request of Lessor which request shall be made
no more than once per year, Lessee shall arrange for periodic Phase I
environmental audits (as such term is defined now or hereafter by the
environmental remediation industry), or such further testing or actions as may be
required by Environmental Laws, to be conducted at the Premises by qualified
companies specializing in environmental matters and reasonably satisfactory to
Lessor in order to ascertain compliance with all Environmental Laws and the
requirements of this Lease, all of the foregoing to be at Lessee's sole cost and
expense;
(iii) provide Lessor with written notice (and a copy as may be
applicable) of any of the following within ten (10) days of receipt thereof: (A)
Lessee's obtaining knowledge or notice of any kind of the material presence, or
any actual or threatened release, of any Regulated Substance in any way adversely
affecting the Premises; (B) Lessee's receipt or submission, or Lessee's obtaining
9
7965/27/3378023v9
knowledge or notice of any kind, of any report, citation, notice or other
communication from or to any federal, state or local governmental or
quasi-governmental authority regarding any Regulated Substance in any way
adversely affecting the Premises; or (C) Lessee's obtaining knowledge or notice
of any kind of the incurrence of any cost or expense by any federal, state or local
governmental or quasi-governmental authority or any private party in connection
with the assessment, monitoring, containment, removal or remediation of any
kind of any Regulated Substance in any way adversely affecting the Premises, or
of the filing or recording of any lien on the Premises or any portion thereof in
connection with any such action or Regulated Substance in any way adversely
affecting the Premises; and
(iv) in addition to the requirements of Section 5.04 hereof, defend all
actions against the Indemnified Parties and pay, protect, indemnify and save
harmless the Indemnified Parties from and against any and all liabilities, losses,
damages, costs, expenses (including, without limitation, reasonable attorneys'
fees and expenses), causes of action, suits, claims, demands or judgments of any
nature relating to any Environmental Laws, Regulated Substances or other
environmental matters concerning the Premises. The indemnity contained in this
Section 5.05 shall survive the expiration or earlier termination of this Lease.
Section 5.06. Representations and Warranties of Lessor.
Lessor hereby warrants and represents to Lessee and covenants and agrees as of
the date hereof and on the Commencement Date that:
(a) Lessor has a fee simple interest in the Premises, free and clear of all liens,
encumbrances and other exceptions to title, except for those matters of record or
disclosed to Lessee.
(b) The Lessor has full right, title and authority to execute this Lease.
(c) The execution of this Lease and performance of the transaction
contemplated herein shall not conflict with or result in a breach of the terms or provisions
of, constitute a default under, or cause or allow an acceleration of any note, mortgage,
deed of trust, loan agreement or other document, instrument, or agreement to which
Lessor is a party or by which the Premises is encumbered or affected.
(d) Except for any Prior Intended Tenants' limited rights pursuant to Section
1.02 hereof, there are no leases or other agreements for the use, occupancy or possession
of the Premises or any portion thereof presentl y in force.
(e) The are no condemnation or eminent domain proceedings pending, or to
the best of Lessor's knowledge, contemplated against the Premises or any part thereof,
and the Lessor has received no notice of the desire of any public authority or other entity
to take or use the Premises or any part thereof.
10
7965/27/3378023v9
(f) The are no pending suits or proceedings against or affecting the Lessor or
any part of the Premises which (i) do or could affect title to the Premises or any part
thereof; or (ii) do or could prohibit or make unlawful the consummation of the
transactions contemplated by this Lease, or render Lessor unable to consummate the
same.
(g) All information and data furnished by the Lessor to Lessee with respect to
the Premises is true, correct, complete and not misleading, to the best of the Lessor's
knowledge.
(h) All necessary actions have, as of the date of execution and delivery of this
Lease, been taken by Lessor authorizing Lessor's consummation of the transaction
contemplated hereby, the performance by Lessor of Lessor's duties and obligations under
this Lease and Lessor's execution and delivery of this Lease. This Lease has been duly
executed and delivered by Lessor.
(i) To the best of Lessor's knowledge and belief, no further approval, consent
\
or withholding of objection on the part of any requesting body or any federal, state or
local official is required in connection with the execution or. delivery of, or compliance
by the Lessor with, the terms and conditions of this Lease.
Section 5.07. Representations and Warranties of Lessee.
Lessee hereby represents and warrants to Lessor and covenants and agrees as of
the date hereof and on the Commencement date that:
(a) Lessee has received the requisite authorizations from the appropriate
governmental, administrative, and other bodies such that it has the lawful right, power,
authority, and capacity to execute and deliver and comply with the terms, provisions, and
conditions of this Lease. This Lease has been duly executed and delivered by the Lessee.
(b) There are no actions, suits, or proceedings pending or, to the best
knowledge of Lessee, threatened against, by, or affecting Lessee which question the
validity or enforceability of this Lease or of any action taken by Lessee under this Lease,
in any court or before any governmental authority.
(c) The execution of and entry into this Lease and the performance by Lessee
of Lessee's duties and obligations under this Lease are consistent with and not in
violation of, and will not create any adverse condition under any ordinance, law,
resolution, contract, agreement, or other instruments or authorities to which Lessee is a
party or which control Lessee, any judicial order or judgment of any nature by which
Lessee is bound; and this Lease, and the covenants and agreements of Lessee under this
Lease, are the valid and binding obligations of Lessee, enforceable in accordance with
their terms.
(d) No further approval, consent or withholding of objection on the part of
any requesting body or any federal, state or local official is required in connection with
11
7965/27/3378023v9
the execution or delivery of, or compliance by the Lessee with, the terms and conditions
of this Lease.
ARTICLE VI
Section 6.01. Condemnation and Casualty.
(a) Notice Provision. The Lessee shall notify the Lessor immediately in the
case of damage to or destruction from fire or other Casualty as defined herein of the
Premises or any portion thereof during the Term.
(b) General Provisions. Lessee hereby irrevocably assigns to Lessor any
award, compensation or insurance payment to which Lessee may become entitled by
reason of Lessee's interest in the Premises if Condemnation or Casualty occurs. Lessor
may negotiate, prosecute and adjust any claim for any Compensation and may appear in
any such proceeding or action to negotiate, prosecute and adjust any claim for any
Compensation, and Lessor shall collect any such Compensation. Lessee shall be entitled
to participate in any such proceeding, action, negotiation, prosecution or adjustment.
Notwithstanding anything to the contrary contained in this Article VI, if permissible
under applicable law, Lessee shall have the right to pursue collection efforts and collect
from any authority initiating a Condemnation or from any insurance policies maintained
hereunder in the event of any Casualty or any separate Compensation made to Lessee for
its moving and relocation expenses, anticipated loss of business profits, loss of goodwill
or fixtures and equipment and items of Severable Property, which compensation shall be
paid directly to and shall be retained by Lessee. All Compensation shall be applied
pursuant to this Section 6.01, and all such Compensation (less the reasonable expense of
collecting such Compensation) is herein called the "Net Proceeds."
(c) Condemnation or Casualty. This Lease shall continue in full force and
effect notwithstanding a Condemnation or Casualty, and Lessee shall, at its expense,
rebuild, replace or repair the Premises in conformity with the requirements of Sections
2.01, 2.02 and 5.03 so as to restore the Premises (in the case of Condemnation, as nearly
as practicable) to the condition, character and fair market value thereof immediately prior
to such Casualty or Condemnation. Prior to any such rebuilding, replacement or repair,
Lessor and Lessee shall agree on the Restoration Cost. The Restoration Cost shall be paid
first out of Lessee's own funds to the extent that the Restoration Cost exceeds the Net
Proceeds payable in connection with such occurrence, after which expenditure Lessee
shall be entitled to receive the Net Proceeds, but only against (i) certificates of Lessee
delivered to Lessor from time to time as such work of rebuilding, replacement and repair
progresses, each such certificate, describing the work for which Lessee is requesting
payment and the cost incurred by Lessee in connection therewith and stating that Lessee
has not theretofore received payment for such work and (ii) such additional
documentation as Lessor may reasonably require, including, but not limited to, copies of
contracts and subcontracts relating to restoration, architects' certifications, title policy
updates and lien waivers or releases. Any Net Proceeds remaining after final payment has
been made for such work and after Lessee has been reimbursed for any portions it
contributed to the Restoration Cost shall be retained by Lessor. In the event of arty
12
7965/27/3378023v9
temporary Condemnation, this Lease shall remain in full effect and Lessee shall be
entitled to receive the Net Proceeds allocable to such temporary Condemnation, except
that any portion of the Net Proceeds allocable to, the period after the expiration or
termination of the Term shall be paid to Lessor. If the cost of any rebuilding, replacement
or repair required to be made by Lessee pursuant to this Section 6.01(c) shall exceed the
amount of such Net Proceeds, the deficiency shall be paid by Lessee.
Section 6.02. Insurance. Lessee will maintain, or cause to be maintained, insurance on
the Premises of the following character and such other insurance as may be required by Lessor or
by any mortgagee:
(a) A standard "all-risk" form of insurance policy, including boiler, machinery,
and flood perils, with claims to be settled on a full replacement cost basis. Lessor shall be
named as a joint loss payee on all such insurance policies. The amount of such insurance
shall be not less than 100% of the full replacement cost of the Improvements, furniture,
furnishings, fixtures, equipment and other items (whether personal property or fixtures)
included in the Premises and owned by Lessee from time to time, without reduction for
depreciation. The determination of the replacement cost amount shall be adjusted
annually to comply with the requirements of the insurer issuing such coverage or, at
Lessor's election, by reference to . such indices, appraisals or information as Lessor
determines in its reasonable discretion. Flood coverage limit must be equal to the
maximum amount available through NFIP (National Flood Insurance Program) in
accordance with section (d). Full replacement cost, as used herein, means, with respect to
the Improvements, the,cost of replacing the Improvements without regard to deduction
for depreciation, exclusive of the cost of excavations, foundations and footings below the
lowest basement floor, and means, with respect to such furniture, furnishings, fixtures,
equipment and other items, the cost of replacing the same. Each policy or policies shall
contain a replacement cost endorsement and a waiver of any coinsurance provision, all
subject to Lessor's approval. The maximum deductible under such policy or policies shall
not exceed $10,000. Such insurance may be in the form of a blanket policy provided that
the policy contains an endorsement to the effect that the coverage will not be affected by
the failure to pay any portion of the premium which is not allocable to the Premises or
any other action not relating to the Premises which would otherwise permit the issuer to
cancel the coverage.
(b) Comprehensive "Commercial General Liability" insurance against claims for
personal injury, bodily injury, death and property damage occurring on, in or about the
Premises, including, without limitation, coverage against so called occurrences in
amounts not less than $1,000,000 per occurrence and $2,000,000 general aggregate
coverage (umbrella coverage shall not be less.than an additional $3,000,000) for bodily
injury, personal injury or death and $1,000,000 for property damage and $5,000 for
medical payments. This policy must contain, but not be limited to, coverage for premises
and operations liability, products and completed operations liability, contractual liability,
hired and nonowned automobile liability, personal injury liability and property damage
liability. During any construction on the Premises, Lessee's general contractor for such
construction shall also provide the insurance required in this subsection (c). Lessor
hereby retains the right to periodically review the amount of said liability insurance being
13
7965/27/3378023v9
-.
maintained by Lessee and to require an increase in the amount of said liability insurance
should Lessor deem an increase to be reasonably prudent under then existing
circumstances. Lessor shall be named as additional insured with respect to all liability
insurance. In all situations, the coverage of the Lessee or its contractors shall be primary
and non-contributory with any insurance or self-insurance carried by the Lessor, its
agents, employees or assigns.
(c) Insurance covering the ,major components of the central heating, air
conditioning and ventilating systems, boilers, other pressure vessels, high pressure piping
and machinery, elevators and escalators, if any, and other similar equipment installed in
the Improvements, in an amount equal to 100% of the full replacement cost of the
Improvements which policies shall insure against physical damage to and loss of
occupancy and use of the Improvements arising out of an accident or breakdown covered
thereunder.
(d) If the Premises or any part thereof is situated in an area identified by the
Secretary of Housing and Urban Development as now having or subsequently designated
as having special flood hazards (including, without limitation, those areas designated by
the FEMA as Zone A or Zone V), flood insurance under the National Flood Insurance
Program in an amount equal to the lesser of (i) the full replacement cost of the
Improvements (or the outstanding balance of the Note if replacement cost coverage is not
available) or (ii) the maximum amount of flood insurance available. The deductible under
such flood insurance shall not exceed $3,000 per building, unless a higher amount is
required by FEMA or other law.
(e) If the Premises has legal "nonconforming" uses under current building, zoning
or land use laws or ordinances, Law and Ordinance coverage which shall cover costs of
demolition, loss to undamaged portion of the Improvements and increased cost of
construction.
(f) Workers compensation insurance and employee dishonesty coverage III
reasonable amounts, as may be required by law if the Lessee has employees.
All such insurance required by Section 6.02 shall (i) be with insurers authorized to
do business in the state within which the Premises is located and who have and maintain
a rating of "A-VIII" from A.M. Best, (ii) contain the complete address of the Premises (or
a complete legal description), (iii) be for terms of at least one year, with premium
prepaid, (iv) contain deductibles which do not exceed $10,000, (v) be subject to the
approval of Lessor as to insurance companies, amounts, content, forms of policies,
method by which premiums are paid and expiration dates and (vi) contain a standard
noncontributory clause, mortgagee clause, or endorsement listing Lessor as follows:
14
7965/27/3378023v9
City of Roanoke, Virginia
Attn: City Manager
Noel C. Taylor Municipal Building, Rm. 364
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Lessee shall as of the date hereof deliver to Lessor evidence satisfactory to Lessor
that, as of the date hereof, said insurance, policies 'have been prepaid as required above
and certified copies of such insurance policies and original certificates of insurance
signed by an authorized agent evidencing such insurance satisfactory to Lessor. Lessee
shall renew all such insurance and deliver to Lessor policies evidencing such renewals at
least fifteen (15) days before any such insurance shall expire. Without limiting the
required endorsements to insurance policies, Lessee further agrees that all such policies
shall provide that proceeds thereunder shall be payable to Lessor, its successors and
assigns, pursuant and subject to a mortgagee clause (without contribution) of standard
form attached to, or otherwise made a part of, the applicable policy and that Lessor, its
successors and assigns, shall be named as an additional insured under all liability
insurance policies. Lessee further agrees that all such insurance policies: (A) shall
provide for at least thirty (30) days' prior written notice to Lessor prior to any
cancellation or termination thereof and prior to any modification thereof which affects the
interest of Lessor; (B) shall contain an endorsement or agreement by the insurer that any
loss shall be payable to Lessor in accordance with the terms of such policy
notwithstanding any act or negligence of Lessee which might otherwise result in
forfeiture of such insurance; and (C) shall either name Lessor as an additional insured or
waive all rights of subrogation against Lessor. The delivery to Lessor of the insurance
policies or the certificates of insurance as provided above shall constitute an assignment
of all proceeds payable under such insurance policies by Lessee to Lessor as further
security for the indebtedness secured hereby. Approval of any insurance by Lessor shall
not be a representation of the solvency of any insurer or the sufficiency of any amount of
insurance. In the event Lessee fails to provide, maintain, keep in force or deliver and
furnish to Lessor the policies of insurance required by this Lease or evidence of their
renewal as required herein, Lessor may, but shall not be obligated to, procure such
insurance and Lessee shall pay all amounts advanced by Lessor, together with interest
thereon at the Late Rate from and after the date advanced by Lessor until actually repaid
by Lessee, promptly upon demand by Lessor. Lessor shall not be responsible for nor
incur any liability for the insolvency of the insurer or other failure of the insurer to
perform, even though Lessor has caused the insurance to be placed with the insurer after
failure of Lessee to furnish such insurance.
(g) Every insurance policy insuring the Premises (other than workers'
compensation policy) shall bear a mortgage endorsement in favor of mortgagee, if any,
which creates a lien on the interest of Lessor in the Premises, the identity of which Lessee
has been given written notice, and any loss under any such policy be payable to the
mortgagee which has a first lien on such interest (if there is more than one first
mortgagee, then to the Trustee for such mortgagees) to be held and applied by mortgagee
toward restoration pursuant to Section 6.01. Every policy referred to in Section 6.02(a)
shall provide that it will not be cancelled or amended except after 30 days' written notice
15
7965/27/3378023v9
Lessor in connection with such reletting (including, without limitation, all repossession
costs, brokerage commissions, reasonable attorneys' fees and expenses (including,
without limitation, fees and expenses of appellate proceedings), alteration costs and
expenses of necessary preparation for such' reletting in accordance with the customs in
the area for renting commercial space of the type of the Premises), less (ii) the net
proceeds, if any, of any reletting effected for the account of Lessee pursuant to Section
7.01(e). Lessee shall pay such liquidated and agreed current damages on the dates on
which Rent would be payable under this Lease in the absence of such expiration,
termination, reentry, repossession or removal, and Lessor shall be entitled to recover the
same from Lessee on each such date. '
Section 7.02. Additional Rights of Lessor.
(a) No right or remedy hereunder shall be exclusive of any other right or
remedy, but shall be cumulative and in addition to any other right or remedy hereunder or
now or hereafter existing. Failure to insist upon the strict performance of any provision
hereof or to exercise any option, right, power or remedy contained herein shall not
constitute a waiver or relinquishment thereof for the future. Receipt by Lessor of any
Rent payable hereunder with knowledge of the breach of any provision hereof shall not
constitute waiver of such breach, and no waiver by Lessor of any provision hereof shall
be deemed to have been made unless made in writing. Lessor shall be entitled to
injunctive relief in case of the violation, or attempted or threatened violation, of any of '
the provisions hereof, or to a decree compelling performance of any of the provisions
hereof, or to any other remedy allowed to Lessor by law or equity.
(b) Lessee hereby waives and surrenders for itself and all those claiming
under it, including creditors of all kinds, (i) any right and privilege which it or any of
them may have to redeem the Premises or to have a continuance of this Lease after
termination of Lessee's right of occupancy by order or judgment of any court or by any
legal process or writ, or under the terms of this Lease, or after the termination of the
Term as herein provided, (ii) the benefits of any law which exempts property from
liability for debt and (iii) Lessee specifically waives any rights of redemption or
reinstatement available by law or any successor law.
/
(c) If an Event of Default on the part of Lessee shall have occurred hereunder,
then, without thereby waiving such default, Lessor may, but shall be under no obligation
to, take all action, including, without limitation, entry upon the Premises, to perform the
obligation of Lessee hereunder immediately and without notice in the case of any
emergency as may be reasonably determined by Lessor and upon five business days'
notice to Lessee in other cases. All reasonable expenses incurred by Lessor in connection
therewith, including, without limitation, reasonable attorneys' fees and expenses
(including, without limitation, those incurred in connection with any appellate
proceedings), shall be paid by Lessee to Lessor upon demand.
(d) If Lessee shall be in default in the performance of any of- its obligations
hereunder, Lessee shall pay to Lessor, on demand, all expenses incurred by Lessor as a
result thereof, including, without limitation, reasonable attorneys' fees and expenses
18
7965/27/3378023v9
(including, without limitation, those incurred in connection with any appellate
proceedings). If Lessor shall be made a party to any litigation commenced against Lessee
and Lessee shall fail to provide Lessor with counsel approved by Lessor and pay the
expenses thereof, Lessee shall pay aU costs and reasonable attorneys' fees and expenses
in connection with such litigation (including, without limitation, fees and expenses
incurred in connection with any appellate proceedings).
(e) If Lessee shall fail to pay when due any Rent required to be paid by
Lessee hereunder, Lessor shall be entitled to collect from Lessee a Late Payment Charge
on the delinquency. The Lessee shall pay the Late Payment Charge to Lessor in addition
to such any outstanding Rent.
ARTICLE VIII
Section 8.01. Notices and Other Instruments.
(a) All notices, offers, consents and other instruments given pursuant to this
Lease shall be in writing and shall be validly given when hand delivered or sent by a
courier or express service guaranteeing overnight delivery, or by telecopy, with original
being promptly sent as otherwise provided above, addressed as follows:
If to Lessor: City of Roanoke, Virginia
Attn: City Manager
Noel C. Taylor Municipal Building, Rm. 364
215 Church Avenue, S.W.
Roanoke, Virginia 24011
With a copy to:
City of Roanoke
Department of Economic Development
Attn: Economic Development Manager
117 Church Avenue S.W. '
Roanoke, Virginia 24011
(Also, see subsection (b) below)
If to Lessee:
Lessor and Lessee each may from time to time specify, by giving written notice to each
other party, (i) any other address in the United States as its address for purposes of this
Lease and (ii) any other person or entity in the United States having a legal or equitable
^ interest in the Premises or in this Lease that is to receive copies of notices, offers,
consents and other instruments hereunder. Notices given in accordance with this Section
8.01 shall be deemed delivered on the day after they are sent.
19
7965/27/3378023v9
(b) A copy of any such notice or demand delivered pursuant to Section
8.01(a) shall also contemporaneously be delivered in the manner herein specified to any
mortgagee or assignee of Lessor's interest which shall have duly notified Lessee in
writing of its name and address.
(c) Lessee agrees that any notice or demand that may be given by Lessor to
Lessee under this Lease, including, without limitation, any notice of default by Lessee,
may be given by any mortgagee or assignee of Lessor's interest, any such notice or
demand to be of the same force and effect as if given by Lessor.
Section 8.02. Estoppel Certificates.
(a) Lessee will, upon 10 days' written notice at the request of Lessor, execute,
acknowledge and deliver to Lessor a certificate of Lessee, stating that this Lease is
unmodified and in full force and effect (or, if there have been modifications, that this
Lease is in full force and effect as modified, and setting forth such modifications) and
stating the dates to which Rent payable hereunder have been paid and either stating that
to the knowledge of Lessee no default exists hereunder or specifying each such default of
which Lessee has knowledge and whether or not Lessee is still occupying and operating
the Premises. Any such certificate may be relied upon by any actual or prospective
mortgagee or Lessee of the Premises. Lessor will, upon ten (10) days' written notice at
the request of Lessee, execute, acknowledge and deliver to Lessee a certificate of Lessor,
stating that this Lease is unmodified and in full force and effect (or, if there have been
, modifications, that this Lease is in full force and effect as modified, and setting forth such
modifications) and the dates to which Rent payable hereunder have been paid, and either
stating that to the knowledge of Lessor no default exists hereunder or specifying each
such default of which Lessor has knowledge. Any such certificate may be relied upon by
Lessee or any actual or prospective assignee or sublessee of the Premises.
(b) Lessor and its agents and designees may enter upon and examine the
Premises at reasonable times during normal business hours and on reasonable notice and
show the Premises to prospective mortgagees and/or Lessees. Except in the event of
emergency, Lessee may designate an employee to accompany Lessor, its agents and
designees on such examinations. Lessee will provide, upon Lessor's request, all
information regarding the Premises, including, but not limited to, a current rent roll and
an operating statement reflecting all income from subleases and all occupancy expenses
for the Premises. All such information will be certified by an appropriate officer of
Lessee.
ARTICLE IX
Section 9.01. No Merger. There shall be no merger of this Lease or of the leasehold
estate hereby created with the fee estate in the Premises by reason of the fact that the same
person acquires or holds, directly or indirectly, this Lease or the leasehold estate hereby created
or any interest herein or in such leasehold estate, as well as the fee estate in the Premises or any
interest in such fee estate.
20
7965/27/3378023v9
Section 9.02. Surrender. Upon the expiration or termination of this Lease, Lessee shall
surrender the Premises to Lessor in good repair and condition except for any damage resulting
from Condemnation or Casualty or normal wear and tear. The provisions of this Section and
Article III shall survive the expiration or other termination of this Lease.
Section 9.03. Separability; Binding Effect; Governing Law; Forum Selection. Each
provision hereof shall be separate and independent, and the breach of any provision by Lessor
shall not discharge or relieve Lessee from any of its obligations hereunder. Each provision hereof
shall be valid and shall be enforceable to the extent not prohibited by law. If any provision hereof
or the application thereof to any person or circumstance shall to any extent be invalid or
unenforceable, the remaining provisions hereof, or the application of such provision to persons
or circumstances other than those as to which it is invalid or unenforceable, shall not be affected
thereby. All provisions contained in this Lease shall be binding upon, inure to the benefit of and,
be enforceable by the successors and assigns of Lessor to the same extent as if each such
successor and assign were named as a party hereto. All provisions contained in this Lease shall
be binding upon the successors and assigns of Lessee and shall inure to the benefit of and be
enforceable by the permitted successors and assigns of Lessee in each case to the same extent as
if each successor and assign were named as a party hereto. This Lease shall be governed by and
interpreted in accordance with the laws of the Commonwealth of Virginia, without application of
Virginia's conflict of law provisions. Venue for any legal action arising out of or related to this
Lease shall only be proper in the Circuit Court of Roanoke City and all parties voluntarily submit
themselves to the jurisdiction and venue of such Court.
Section 9.04. Headings; Internal References. The headings of the various paragraphs
and schedules of this Lease have been inserted for reference only and shall not to any extent have
the effect of modifying the express terms and provisions of this Lease. Unless stated to the
contrary, any references to any Section, subsection, schedule and the like contained herein are to
the respective Section, subsection, schedule and the like of this Lease.
Section 9.05. Counterparts. This Lease may be executed in two or more counterparts
and shall be deemed to have become effective when and only when one or more of such
counterparts shall have been executed by or on behalf of each of the parties hereto (although it
shall not be necessary that any single counterpart be executed by or on behalf of each of the
parties hereto, and all such counterparts shall be deemed to constitute but one and the same'
instrument) and shall have been delivered by each of the parties to the other.
Section 9.06. Lessor's and Lessee's Liability.
(a) Notwithstanding anything to the contrary provided in this Lease, it is
specifically understood and agreed, such agreement being a primary consideration for the
execution of this Lease by Lessor, that there shall be absolutely no personal liability on
the part of any officer, director, duly authorized agent, or employee of Lessor, its
successors, or assigns with respect to any of the terms, covenants, and conditions of this
Lease, and any liability on the part of Lessor shall be limited solely to the interest of
Lessor in the Premises without any exception whatsoever.
21
7965/27/3378023v9
(b) Notwithstanding anything to the contrary provided in this Lease, it is
specifically understood and agreed, such agreement being a primary consideration for the
execution of this Lease by Lessee, that there shall be absolutely no personal liability on
the part of any officer, director, duly authorized agent, or employee of Lessee, its
successors, or assigns with respect to any of the terms, covenants and conditions of this
Lease, and any liability on the part of Lessee shall be limited solely to the interest of
Lessee in the Premises without any exception whatsoever.
Section 9.07. Consent of Lessor. Except as specifically set forth in this Lease, all
consents and approvals to be granted by Lessor shall not be unreasonably withheld or delayed,
and Lessee's sole remedy against Lessor for the failure to grant any consent shall be to seek
injunctive relief. In no circumstance will Lessee be entitled to damages with respect to the failure
to grant any consent or approval.
Section 9.08. Amendments and Modifications. Except as expressly provided herein,
this Lease may not be modified or terminated except by a writing signed by Lessor and Lessee.
Section 9.09. Currency. All references in this Lease to money shall be to currency of
the United States of America.
Section 9.10. Memorandum. A memorandum of this Lease will, upon request of
Lessee, be executed by Lessor and Lessee and recorded at the expense of Lessee in the real estate
records of the Circuit Court for the City of Roanoke, where the Premises are located.
Section 9.11. Entire Agreement. This Lease constitutes the sole and entire agreement
between the parties hereto with respect to Lessee's leasing of the Premises and no amendment or
modification of this Lease shall be binding unless it is reduced to writing and signed by both
parties hereto. No representation, inducement, promise, understanding, or agreement regarding
such matters not included in this Lease shall be binding upon the parties hereto or either of them.
[The remainder of this page is intentionally left blank]
22
7965/27/3378023v9
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed by
their authorized representatives as a document executed under seal as of the date first above
written.
LESSOR:
CITY OF ROANOKE, VIRGINIA
By:
Name: Christopher P. Morrill
Title: City Manager
LESSEE: · rLESSEEl
By r sub-entity. if necessary 1
Its
By:
Name:
Title:
r person 1
Approved as to Form:
City Attorney
Approved as to Execution:
City Attorney
23
7965/27/3378023v9
Schedule A
Premises
Such real property owned by the City' of Roanoke, located at 32 Market Square, designated as
Official Tax Map No. 4010401, including exterior sidewalks located directly below the first floor
canopy which extends along the four sides of the bulding for use by Lessee in a manner
consistent with the use of the property while not prohibiting pedestrian passage and access, as
further illustrated by Exhibit 1 dated May 16, 2010, attached to this Schedule.
For the purposes of fulfilling the requirements of the Construction Contracts, and during the
Construction Term, as defined in the Lease Agreement dated October 19, 2010, and to which this
Schedule A is attached, Lessee is granted a license to enter and use the public streets surrounding
32 Market Square.
7965/27/3440754 v 1
\
,+ I ...
f..o S
\.:)w
~8 is
~
ClCl( $
~c. ..;
5~ '"
~~ 0
n ~
u.
i 0
I VI 5
J
I Q
: 1 (; b
I N
i~ " ~ I
I I ~ ! -
- \ .-
vg \ Wi I
!
~ I~
l~fQ
, , I ~~!
, : ~ f~'
~~~I~
.';:: 1'-'
.s:l J I
:2 !
~ ~
\
1
, I
~
f '"
I
N
z
:S
'"'
~
::>
o
..
S
w
,Iii
-'....
'.
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
OFFICE OF ECONOMIC
117 CHRUCH AVE
ROANOKE VA 24011
DEVELOPMENT
"
REFERENCE:
80084300
12359784
Bid and PH for Marke
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vir~lnia. Sworn and subscribed before me this
__Lllbday of OCT ,0. Wi tness my hand and
official seal.
Notary Public
~
PUBLISHED ON:
10/03
10/10
\\IlIe""1
\\\ "A '"
,'" ....'t)1 Lq 1_"
...", ~~.""""" ....r1?. tf'....."
~ ~... NOTARY '.. ~-:.
:~: PUBUC ~r~
g * t REG, #7090930 ': * ~
= : MY COMMISSION: =
- C? ' ' -
~o.... Ef~~ I ....~:
-:'~-" j\.'r~~
,'~ . . <>.,'V ..
'" v-1tI..:.... ..... ~\.'<.- ,......
'1, "YEALTH at ",
"""".1\\\\'
Authorized ~ ~
Signature'__ItA'U1n_
Billing Services Representative
, reqUirements of the Interior
i Department's "Standard for '
Rehabilitation," the National
Park Service, and the
Virginia Department of
Historic Resources, The
successful bidder agrees to
enter Into agreements
substantially In
conformance with the
proposed Lease Agreement
for the'Buildlng and Lease
Buy-Out Option Agreement,
complete copies cifwhich
are on file and may be
reviewed In the Office of the
City Clerk at the address
below.'
If the City elecis to award
a lease, City Council will be
requested to adopt an
ordinance to that effect.
The full text of the proposed
ordinance awarding the
lease is on file and may be
reviewed in the Office of the
City Clerk, Room 456, Noel
C, Taylor Municipal Building,
215 Church Avenue, SW,
Roanoke,'Virglnia 24011.
The City Clerk will also have
copies of the necessary bid
form available, The
proposed ordinance,
proposed Lease Agreement,
proposed Lease Buy-out
Option Agreement,
Construction Contract and
other existing contracts, and
bid form will be available at
the.City Clerk~ Office on
and after October 3, 2010, '
Any Interested bidder is
Invited to submit a written
bid, Including a completed
bid form, for the Lease
Agreement for the Building
as descrlbed,above, Each
bidder should submit the
following information:
1.The legal name of the
entity submitting the bid,
2,T h e a m 0 u n t 0 f
Investment the bidder
proposes to make in
renovation of the Building
and the time period within
which such renovation will
be made, _
3,The annual lease
payment proposed to be
made to the .City,
4.The financial ability of
the bidder to accomplish
the Project.
5.T h e bid d e r ',s
commitment to the goals
for use of the Building. '
6,The. bidder's plan to
Implement the City's goals
for the Building.
7.Any changes requested
10 the proposed Lease ~
Agreement.
REach bidder is to comply
with the provisions of
~2,2-4311.2, Code of,
Virginia (1950), as
amended, and include In its
bid response the
Ide,ntiflcation Number
issued to it by the Virginia
,State Corporation
Commission (SCC) or state
why"it is not required lobe
registered with the SCC,
9,Other information as the
bidder deems appropriate,
Items 4, 5, 6 and 7 above
may be submitted as short
narrative statements, Bids'
are to be submitted in a
sealed envelope or
container to the City Clerk
at the address noted above
on or before noon, local
time, October 18, 2010.'
The outside of the bid
envelope should be marked
as follows: BID FOR
EXECUTION OF AN I
AGREEMENTTO LEASE AND
RENOVATE THE HISTORIC 'I
CITY MARKET BUILDING, TO
BE OPENED AT THE CITY
COUNCIL MEETING HELD AT 'I
COUNCIL CHAMBERS ON
OCTOBER 18, 2010" The
bid should be addressed' to
the Council of the City of,
Roanoke, clo Office of the
City Clerk, Room 456, Noel
C, Taylor Municipal Building, '
215 Church Avenue, SW,
Roanoke, Virginia 24011.
All bids received will be held
by the City Clerk, unopened,
until' 2 p,m, local time on
October 18, 2010,at which
time they will be delivered
.'0 the~~~ncil Chambe~
,Roo,!, 450~ Taylo;
;Munlclpal Building, 215
IChurch Avenue SW
~oanoke, Virginia 24011'
and thereafter be' publicly
opened and read aloud in
aCCordance with ~
(;~25'02102, COde of Virginia
), as amended.
The City reserves the right
, t~ cancel this Invitation for
: BIds ~nd/or reject any and
~II bids, to, waive any
Informality or irregularity in
the bids received, and to
: accept the bid which is
, ~eemed to be In the best
Interest of the City. .
i ' The entity to whom any
, Lease Agreement may be
, awarded shall reimburse
, the City for the costs of any'
advertisements for this
matter,
Pursuant to the
requirements of Virginia'
Code ~~ 15.2-2100 et seq
,notice is hereby given tha'i
the Council of the City of
Roan~ke will hold a pUblic
hearIng on the above
matter on Monday, October
18, ,2010, at 7:00 p m
local time, or ascsoori I
the~eafter as Council is '
, available, in the Council .!
Chambers, Room 450 Noel '
C, Taylor Municipal Building
215 Church Avenue, SW; ,
Roano~e, Virginia. For f
further Information 'on this
matter, you may contact the
Office of the City Clerk at
(540) 853-2541, '
I' All parties and interested
citizens may appear on the
I above date and be heard ()n
: the matter, If you are a,
,person who needs
accommodations for ,this
h~arlng, please contact the
City Clerk's Office at (540)/'
I 853-2541 before 12:00
, noon on the ThurSday
before the dat'e of the'
he~rlng listed above.
Given under my hand this '
27th day of September
2010, .'
Stephanie M, Moon ~
City Clerk
(12359784) ,
.'
L.t':2mld Ell)] ~~n. ::!d3lJ <'..iD
p~l
ADVERTISEMENT FOR INVITATION FOR BIDS
AND
NOTICE OF PUBLIC HEARING
Before the Council ofthe City of Roanoke for the Lease and Renovation of
the Roanoke City Market Building
The City of Roanoke (City) hereby gives notice that it is seeking bids from qualified
bidders to enter into a Lease Agreement with the City to renovate and operate the City's historic
City Market Building (Building), located at 32 Market Square, S.B., Roanoke, Virginia, as a
public place, which may include appropriate retail sales, restaurant and food court vendors, and
an area for public and private assemblies and gatherings (the "Project"). The lease term will be
for 40 years, but may provide a buyout procedure after an initial period. Each bidder must
commit to expend the funds necessary to renovate and equip the Building as set forth in the
construction contract dated June 22, 2010, between the City and Martin Bros. Contractors,
Incorporated (the "Construction Contract"), within the time period set forth in the Construction
Contract. Each bidder must also accept assignment of the Construction Contract and the City's
existing contracts related to the Project, including, but not limited to, the contracts for
architectural, engineering, environmental and related serVIces for renovation related to the
Project. Copies of the Construction Contract and the City's existing contracts for the Project are
on file and may be reviewed in the Office of the City Clerk at the address below. In evaluating
all bids received, the City will consider the Building's vital importance to the downtown
Roanoke area and the bidder's demonstrated familiarity with and support of the City's plans for
the Building. The successful bidder must confirm its intent to maintain the unique local flavor of
the tenants. The successful bidder must have a working relationship with both the City staff and
the Market Building Foundation (Foundation). The successful bidder must cooperate with the
City and Foundation to operate the Building in a manner consistent with the Building's history
1
7965/27/3378288v6
and supportive of the significant needs and concerns of downtown stakeholders. The successful
bidder will renovate the Building in compliance with all requirements of the Interior
Department's "Standard for Rehabilitation," the National Park Service, and the Virginia
Department of Historic Resources. The successful bidder agrees to enter into agreements
substantially in conformance with the proposed Lease Agreement for the Building and Lease
Buy-Out Option Agreement, complete copies of which are on file and may be reviewed in the
Office of the City Clerk at the address below.
If the City elects to award a lease, City Council will be requested to adopt an ordinance to
that effect. The full text of the proposed ordinance awarding the lease is on file and may be
reviewed in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215
Church Avenue, SW, Roanoke, Virginia 24011. The City Clerk will also have copies of the
necessary bid form available. The proposed ordinance, proposed Lease Agreement, proposed
Lease Buy-out Option Agreement, Construction Contract and other existing contracts, and bid
form will be available at the City Clerk's Office on and after October 3, 2010.
Any interested bidder is invited to submit a written bid, including a completed bid form,
for the Lease Agreement for the Building as described above. Each bidder should submit the
following information:
1. The legal name ofthe entity submitting the bid.
2. The amount of investment the bidder proposes to make in renovation of the
Building and the time period within which such renovation will be made.
3. The annual lease payment proposed to be made to the City.
4. The fmancial ability of the bidder to accomplish the Project.
5. The bidder's commitment to the goals for use ofthe Building.
2
7965/27/3378288v6
6. The bidder's plan to implement the City's goals for the Building.
7. Any changes requested to the proposed Lease Agreement.
8. Each bidder is to comply with the provisions of 92.2-4311.2, Code of Virginia
(1950), as amended, and include in its bid response the Identification Number
issued to it by the Virginia State Corporation Commission (SCC) or state why it is
not required to be registered with the SCC.
9. Other information as the bidder deems appropriate.
Items 4, 5, 6 and 7 above may be submitted as short narrative statements. Bids are to be
submitted in a sealed envelope or container to the City Clerk at the address noted above on or
before noon, local time, October 18, 2010. The outside ofthe bid envelope should be marked as
follows: BID FOR EXECUTION OF AN AGREEMENT TO LEASE AND RENOVATE THE
HISTORIC CITY MARKET BUILDING, TO BE OPENED AT THE CITY COUNCIL
MEETING HELD AT COUNCIL CHAMBERS ON OCTOBER 18, 2010. The bid should be
addressed to the Council of the City of Roanoke, c/o Office of the City Clerk, Room 456, Noel
C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia 24011. All bids
received will be held by the City Clerk, unopened, until 2 p.m. local time on October 18, 2010, at
which time they will be delivered to the Council Chambers, Room 450, Noel C. Taylor
Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia, 24011, and thereafter be
publicly opened and read aloud in accordance with 9 15.2-2102, Code of Virginia (1950), as
amended.
The City reserves the right to cancel this Invitation for Bids and/or reject any and all bids,
to waive any informality or irregularity in the bids received, and to accept the bid which is
deemed to be in the best interest of the City.
3
7965/27/3378288v6
The entity to whom any Lease Agreement may be awarded shall reimburse the City for
the costs of any advertisements for this matter.
Pursuant to the requirements of Virginia Code 99 15.2-2100 et seq., notice is hereby
given that the Council of the City of Roanoke will hold a public hearing on the above matter on
Monday, October 18, 2010, at 7:00 p.m. local time, or as soon thereafter as Council is available,
in the Council Chambers, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue,
SW, Roanoke, Virginia. For further information on this matter, you may contact the Office of
the City Clerk at (540) 853-2541.
All parties and interested citizens may appear on the above date and be heard on the
matter. If you are a person who needs accommodations for this hearing, please contact the City
Clerk's Office at (540) 853-2541 before 12:00 noon on the Thursday before the date of the
hearing listed above.
Given under my hand this 27tlrlayof September ,2010.
Stephanie M. Moon, City Clerk
Note to Publisher:
Please publish twice in The Roanoke Times, Legal Notices once on October 3, 2010, and once
on October 10, 2010. '
Send Publisher's Affidavit, and Bill to:
Stephanie M. Moon, City Clerk
456 Noel C. Taylor Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
4
7965/27/3378288v6
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E, CRAFT
Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
October 20, 2010
Travis Richardson
Breakell, Inc.
2314 Patterson Avenue, N. W.
Roanoke, Virginia 24016
Dear Mr. Richardson:
I am enclosing copy of Ordinance No. 38987-101810 permanently vacating,
discontinuing and closing an approximately 100 square foot portion of Patterson
Avenue, S. W., adjoining the northeastern corner of a parcel bearing Official Tax No.
1313101.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 18, 2010; and is in full force and effect upon
its passage. '
Sincerely,
A~(r). ~
Stephanie M. Moon, CMC
City Clerk
Enclosure
pc: Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Susan Lower, Director of Real Estate Valuation
Philip Schirmer, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
c
~{
, ~o
\~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2010.
No. 38987-101810.
AN ORDINANCE permanently vacating, discontinuing and closing certain public
right-of-way in the City of Roanoke, as more particularly described hereinafter; and
dispensing with the second reading by title of this ordinance.
WHEREAS, Breakell Inc. filed an application with the Council of the City of
Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to
permanently vacate, discontinue and close the public right-of-way described hereinafter;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by 930-14, Code ofthe City of Roanoke (1979), as amended, and
after having conducted a public hearing on the matter, has made its recommendation to
, Council;
WHEREAS, a public hearing was held on such application by City Council on
October 18, 2010, after, due and timely notice thereof as required by 930-14, Code ofthe
City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens
were afforded an opportunity to be heard on such application;
WHEREAS, it appearing from the foregoing that the land proprietors affected by
the requested closing of the subject public right-of-way have been properly notified; and
WHEREAS, from all .of the foregoing, City Co~ncil considers that no
i1?-convenience will result to any individual or to the public from permanently vacating,
discontinuing and closing such public right-of-way.
O-Breakell-vacate portion of Patterson,doc
1
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more
particularly described as follows:
An approximately 100 square foot portion of Patterson Avenue, S.W., adjoining
the northeastern corner of a parcel bearing Official Tax No. 1313101
be, and is hereby permanently vacated, discontinued and closed, and that all right and
interest of the public in and to the same be, and hereby is, released insofar as City
Council is empowered so to do with respect to the closed portion of the right-of-way,
reserving however, to ,the City of Roanoke and any utility company or public authority,
including, specifically, witho.ut limitation; providers to or for the public of cable
television, electricity, natural gas or telephone service, an easement for sanitary sewer
and water mains, television cable, electric wires, gas lines, telephone lines, and related
facilities that may now be located in or across such public right-of-way, together with the
right of ingress and egress for the maintenance or replacement of such lines, mains or
utilities, such right to include the right to remove, without the payment of compensation
or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any
other encroachments on or over the easement which impede access for maintenance or
replacement purposes at the time such work is undertaken; such easement or easements to
terminate upon the later abandonment of use or permanent removal from the above-
described public right-of-way of any such municipal installation or other utility or facility
by the owner thereof.
BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision
Agent, receive all required approvals of, and record with the Clerk of the Circuit Court
for the City of Roanoke, a subdivision plat, with such plat combining all properties which
O-Breakell-vacate portion of Patterson ,doc
2
would otherwise be landlocked by the requested closure, or otherwise disposing of the
land within the right-of-way to be vacated in a ,manner consistent with law, retaining
appropriate easements, together with the right of ingress and egress over the same, for the
installation and maintenance of any and all existing utilities that may be located within
the right-of-way.
BE IT FURTHER ORDAINED that the subdivision plat referenced in the
previous paragraph shall transfer to the City of Roanoke such property as shown in
Exhibit No.1 attached to the Amended Application No. I dated September 22, 2010, as
consideration pursuant to S 15.2-2008, Code of Virginia (1950), as amended, for the
vacated right-of-way.
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other
conditions to the granting of the application, deliver to the Clerk of the Circuit Court of
the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where
deeds are recorded in such Clerk's Office, indexing the same in the name of the City of
Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any
other parties in interest who may so request, as Grantees, and pay such fees and charges
as are required by the Clerk to effect such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of
this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke,
Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for
the City of Roanoke, Virginia, the Clerk's receipt, demon~trating that such recordation
, has occurred.
O-Breakell-vacate portion of Patterson,doc
3
BE IT FURTHER ORDAINED that if the above conditions have not been met
within a period of one year from the date of the adoption of this ordinance, then such
ordinance shall be null and void with no further action by City Council being necessary.
BE IT FINALLY ORDAINED that pursuant to the provisions of 912 of the City
Charter, the second reading of this ordinance by title is hereby dispensed with.
ATTEST:
:A~~.~
'\
O-BreakelJ-vacate portion of Patterson ,doc
4
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
October 18, 2010
Honorable David A. Bowers, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable Raphael E. Ferris, Council Member
Honorable Sherman P. Lea, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Request from Breakelllnc., to permanently vacate, discontinue and
close an approximately 100 square foot portion of Patterson
Avenue, S.W., adjoining the northeastern corner of a parcel bearing
Official Tax No. 1313101.
Planning Commission Public Hearing and Recommendation
Planning Commission public hearing was held on Thursday, September 16,
2010. There was no one present to speak for or against the proposal. By a vote
of 6-0 (Mr. Futrell absent), the Commission recommended that City Council
approve the request, with the condition that the applicant pay $1.35 per square
foot for the net area of right-of-way conveyed by the City to the applicant. The
applicant proposes a dedication of 180 square feet of right-of-way at the
northwestern property boundary. The area to be dedicated as right-of-way (180
square feet) exceeds the amount of right-of-way to be vacated (100 square feet).
Therefore, no payment is recommended.
The Commission further recommends that the vacation be approved subject to
these conditions:
1. The applicant, at its expense, shall submit a subdivision plat to the
Agent for the Planning Commission, receive all required approvals of,
and record the plat with the Clerk of the Circuit Court for the City of
Roanoke. Such plat shall combine all properties which would otherwise
dispose of the land within the right-of-way to be vacated in a manner
consistent with law, and retain appropriate easements for the
installation and maintenance of any and all existing utilities that may be
located within the right-of-way, including the right of ingress and egress.
The plat shall also dedicate sufficient right-of-way to the City such that
City Council
Page 2
October 18,2010
no portion of City sidewalk will encroach onto the applicant's property,
with an additional one foot of right-of-way provided between the
applicant's property and the existing sidewalk.
2. Upon meeting all other conditions to the granting of the application, the
applicant shall deliver a certified copy of this ordinance for recordation
to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same
in the name of the City of Roanoke, Virginia, as Grantor, and in the
name of the petitioner, and the names of any other parties in interest
who may so request, as Grantees. The applicant shall pay such fees
and charges as are required by the Clerk to effect such recordation.
3. Upon recording a certified copy of this ordinance with the Clerk of the
Circuit Court of the City of Roanoke, Virginia, the applicant shall file with
the Engineer for the City of Roanoke, Virginia, the Clerk's receipt,
demonstrating that such recordation has occurred.
4. If the above conditions have not been met within a period of one year
from the date of adoption of this ordinance, then such ordinance shall
be null and void with no further action by City Council being necessary.
Respectfully submitted,
IkrL-
Angela Penn, Chair
City Planning Commission
c: William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager
Applicant
City Council
Page 3
October 18, 2010
Application Information
Request: Permanent vacation of a portion of Patterson Avenue, SW
Adjoining Owner/applicant Breakell, Inc.
City Staff Person: Frederick Gusler, AICP
Site Address/Location: 2314 Patterson Avenue, S.W. (Tax Map No. 1313101)
Official Tax Nos. of 1313101
adjoining properties: --
Site Area: Approximately 100 square feet
Existing Zoning: 1-1, Light Industrial District
Proposed Zoning: nla
ExistingLand Use: Unimproved right-of-way
Proposed Land Use: Commercial
Neighborhood Plan: Hurt Park/Mountain View/West End Neighborhood Plan
Specified Future Land Use: Industrial
Filing Date: Original application filed August 5, 2010
Amended application NO.1 filed September 22, 2010
Background
A portion of the applicant's retaining wall on the northeastern corner of the
property is within the right-of-way. The applicant initially pursued an
encroachment permit to correct this problem. Upon reviewing the applicant's
plans, staff advised that a vacation of the portion of right-of-way affected by the
encroachment would need to be applied for.
The applicant proposes to use the vacated portion of Patterson Avenue to
construct an addition between the existing structure and the retaining wall. The
vacation would allow for this addition to be built entirely on the applicant's
property while meeting zoning requirements.
Considerations
Section 30-14(5) of the Code of the City of Roanoke provides the following
standard for consideration of street and alley vacation requests:
"Following the hearing before the city planning commission on an
application to alter or vacate a street or alley, the commission shall
report in writing to the city council whether in its opinion, any, and if
any, what inconvenience would result if the application were
approved by council, and the commission shall report and make a
recommendation to council as to whether the application should be
approved."
City Council
Page 4
October 18, 2010
Vacation of the portion of Patterson Avenue, S.W., will not prohibit access to any
other properties and will not change the current use of the property. The
applicant has applied only for the amount of right-of-way needed to correct the
encroachment.
Surroundinq Zoninq and Land Use:
Zoning District Land Use
North 1-1, Light Industrial District Commercial
South ROS, Recreation and Open Space District Railroad right-of-way,
Recreation and Open Space
East 1-1, Light Industrial District Industrial
West 1-2, Heavy Industrial District Industrial
Compliance with the Zoninq Ordinance:
Vacation of the portion of right-of-way will not impact the zoning map.
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
The proposed vacation does not pose any conflicts with the future land use or
transportation policies of the Hurt Park/Mountain View/West End Neighborhood
Plan or Vision 2001-2020, Roanoke's Comprehensive Plan.
Public Utilities:
Staff received comments from Verizon, Roanoke Gas and Appalachian Power
Company. Appalachian initially expressed concerns with the vacation, however it
submitted comments prior to the Planning Commission public hearing to state
that its concerns had been addressed adequately by the applicant.
City Department Comments:
Public Works staff initially objected to the proposed vacation, stating the ROW
should be maintained for future complete streets. However, the street design
team (which includes Public Works staff) discussed this request and advised that
there is enough right-of-way currently to vacate the subject portion and still
achieve the desired complete street typical section. The team suggested the
LCIND(2b) typical section on page 40 of the Street Design Guidelines, which is
based on 50 feet of right-of-way. The segment of Patterson Avenue adjoining the
applicant's property has 70 feet of right-of-way.
Public Comments:
None.
City Council
Page 5
October 18, 2010
PlanninQ Commission Discussion:
The applicant amended the application at the Planning Commission meeting to
add a proposed dedication ot right-ot-way at the northwestern edge ot the
property, where an existing sidewalk was located on the applicant's property.
APPLICATION
STREET OR ALLEY VACATION
Date: 9/22/10
To: Office of the City Clerk
Fourth Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Phone: (540) 853-2541 Fax: (540) 853-1145
All submittals must be typed and include all required documentation and a check for the filing fee,
Application is hereby submitted for street or alley vacation for the property located at:
Location and description of street or alley to be closed:
According to exhibit 1, in the northwest corner of the property there is
approximately 130 square feet of city sidewalk on Breakell's property.
Breakell would like to dedicate this area of approximately 180 square feet, which
includes a 1 foot offset from the sidewalk for maintenance, and vacate approximately
100 square feet of right-of-way as shown on exhibit 1. Breake11 does ask that the
City of Roanoke split the cost of surveying, due to the city's encroachment on
Breakell's property.
Proposed use of vacated street or alley:
Name of Applicant/Contact Person: Breakell Inc/ Travis Richardson
Mailing Address: 2314 Patterson Avenue, SW
ROAnnkA. VA 240Jb
Telephone: (540)283-3312
Fax: (540) 345-9469
E-mail: trichardson@breakell-inc.com
APPliC~~S~~
/ -
5
List of Property Owners adjacent to Breakell Inc.
Properties to the North of Breakelllnc:
Tax Number: 1312315 Owner: Patterson Bridge LLC
Tax Number: 1311601 Owner: Bowling Eutaw L
Tax Number: 1312318 Owner: Bowling Eutaw L
Tax Number: 1312319 Owner: Ballard Properties of VA LLC
Tax Number: 1312320 Owner: Ballard Properties of VA LLC
Properties to the West of Breakelllnc:
Tax Number: 1410101 Owner: Virginia Holdings Corp. Atten: Bill Ti
Properties to the South of Breakelllnc:
Norfolk Southern right-of-way.
Tax Number: unknown Owner: unknown
Properties to the East of Breakelllnc:
Tax Number: 1313103 Owner: Breakelllnc
~~- J~nfil
1~1l--r-1 Iii! ui ;ruil ~
~' i!~ !pl
u., "':" apq~ U ~9g ~~ ~ "
~ ~ ii~.~~~ ~~ Jol~i a.
~' "~I -I
~ ~ ~~~~ qw
o 0 .~ $~ Q,)~~
~ ~8t;::lg,<:'Hlll':~ ~I
: d~ij!jU~b!~ ".0", ~ ::f i~~~ 911 ~~. IIi
i ., .,..-( ~ ~ ,U! ~ ...~d ~
11! O_N ~ Il~ ~~
~ ' hUi i3 _......OO....CJ~~__ .~ ~ L5 ~~~; ~o.
~~ ~: 0. ffi ~~~i ~~5 i~ ~I
~ ~~I~ ~! !Hi
I:::~ ~~
~ w h~u ~' ..
" .. n~~ :;g!!l~
..... ~ i ~ ...
d g !~
~.
,'ll"
r:J. 0.9. h ~a
~ l"~ lJS
, '~h
j:j
~'Ii
.e.
~~~i
~'d
~~-~
~di
.~g~
h~1
~~~~
;!!iti
, JI:f~~
~ G m~
~ ~ i~
~ h~~~
~ ~~~~I!
w
tl ..: ...
~
en
ui
:l
Z
w
;;H
z~
o
Vl
a:
~
1
.
B
,~'
sf S Wl!' g ~ I e;i
.:~Ii ~i;~ i~igo ~i I !~5;1 )
iit~~ ~l!'U ;~~Ihll!'~:~ ~i:~l!'n '~ ;
~!h:!i~~~1 ~ !~IlOf ~~~ i~iiiil!' ~
~i~;i;:'~!~ii;;!;i!;; i!iii!;s ;
· ~ !ir;;i">5il~" tS~"i~~ Iil1dlSaA , :i'l!
..~~ilhSl1;:l!'~lj~!el1~~=~ ~~r~ ~~! . ~a
"03f l1~'i~o.o~tio~e ,S ~i~~. -
;i;did~Plisiil~~i.~ i~~~~i~~ s~
i~.~: ~:StI8~~~8~~ii~i ~~I~~;: I~
!~~:~!~~!!~~:i~l:ii:~1 ileil;~~ ()~i:
~i:al1j.:lifj>~~il!5san bS!~S!illl~' fl/
:iSaiS;~! ~ii~8ae~~!~!~~~t, a~~ iag
~ N~~;l M ~8 4~!8~ 0_58 11~~ a~ 9~:l
@
~
!!I~
il'l ~.
i!!l~ ,>>'
; 'h~ '
Je ~I: ~
.II lel~
I b~ : lii~ ! ~
· J~~ll' a
~ n!r~ ~
i!iijl ~ . e
;i I~; ~i i~!ili~
~19 ~~~ "I" ili!1i..
I'lS . is i! c"'''
Ii~ -::1~~l:!" l:i!~~
~i5 ~~~~!; ~.~~~
.~ .,,~a!!!! ~~ills!~
~~i'ld!;~~~ ~1'l~1II~
S"'~!~I:lt~ i~~;o
~~ ~~~~8g b:~ai!!
~~I!~~t~~ ~~~III.
d~~h!s: ~iS:~
~ ~~li:I~~;im;!~~~
6 "'ii!!elt !ill' ~i~.~b
; ~~~~~~~~I~~~;~!
! :~~:i!!~j~e~:il~~~
g i!i!il
~ il
1I f1~
~o<~~
I~i;
~~ft!
~ ~~,Ii
a O"J;l~~
~ ~~:~"
~ ,
U
en
"
~ H,
~ .
~ ~J
~
II
!
I
~
!
~llS:
~ "
b 4-
~
~bS
i~ ~
~~~ ~ ~'
i!!:~~ !
b~~ ~
~~~~~ ~ >'
"a ~
~9b
i!!~Sa
~I~ ~
The Roanoke Times
--------------------------------------------------+------------------------
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
!
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
BREAKELL, INC.
2314 PATTERSON AVENUE, SW
ROANOKE VA 24016
REFERENCE: S0175427
1236121S
NPH-Breakell, Inc.
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
__~~day of OCT 2010. Witness my hand and
~~~~~_ Notary Public
PUBLISHED ON:
10/01
\llillllU,
\\\ ...1 A I ... '"
\\ Q' '-"1y."
", ~"""'" If? "....;
.:0' 9:-~"'NOTARY"'. '1'A"'-:.
: Q::j : PUBLIC ". v -:.
- . . -
: * : REG, #7090930 : * =
= : MY COMMISSION: =
-:. C? ". \I{PI~ES \ .: ~ :
-:. 0 '. .?, ., .' ~ ~
,-~. .' c::i..
......, (/;1/;;,........,. ~<<- -.,"
"/": vVcALTH 'iJ'<: \\\"
""""",\\
10/0S
TOTAL COST:
FILED ON:
336.96
10/0S/10
----
r---- - -
I
NOTICE OF PUBLIC I
HEARING
The Council'of the City of
Roanoke will hold a public
hearing o~ M~nday, October
18, 2010, at 7:00 p,m" or
as soon thereafter as the
i matter may be heard, in the
I Council Chamber, fourth
: floor in the Noel C, Taylor
Municipal Building, 215
, Church Avenue, S,W"
, Roanoke, Virginia, to
, consider the following:
, Request from Breakelllnc,
to permanently vacate,
, discontinue and close an,
approximately 100 square
foot portion of Patterson
Avenue, S.W., adjoining the
northeastern corner of a
parcel bearing Official Tax
No, 1313101,
A copy of the a~pllc,ation
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 I
above date and be heard on ,
the matter, If you are a I'
person with a disability who
needs accommodations for I
I this hearing, please contact
the City Clerk's Office, at
I 853-2541, before noon on
the Thursday before the
date of the hearing listed
a~~~~'N under my hand this I
28th day of September,:
2010, 'I
Stephanie M, Moon, CMC
City Clerk,
, (12361218)
"
,}
'"
'~
--------------------------------------------------+------------------------
Authorized v- 4- -mr -L, / ". .:.-
Signature '--tl4tlJ,..,t.y---~~' Bi lling Servi ces Representat i ve
~~~
~~
NOTICE OF PUBLIC HEARING
The Council ofthe City of Roanoke will hold a public hearing on Monday, October 18,201 0,
at 7:00 p.m., or as soon thereafter as the matter maybe heard, in the Council Chamber, fourth floor,
in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider
the following:
Request from Breakell Inc. to permanently vacate, discontinue and close an:
approximately 100 square foot portion of Patterson Avenue, S. W., adjoining
the northeastern corner of a parcel bearing Official Tax No. 1313101.
A copy ofthe application is available for review in the Office of the City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter.
If you are a person with a disability who needs accommodations for this hearing, please contact the
City Clerk's Office, at 853-2541, before noon onthe Thursday before the date of the hearing listed
above.
GIVEN under my hand this ...28.thday of SE'rtember
,2010.
Stephanie M. Moon, CMC
City Clerk.
Breakell Inc..doc
Notice to Publisher:
Publish in the Roanoke Times on Friday, October 1, and Friday, October 8,2010.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
NPH-Breakell Inc,doc
Send Bill to:
Travis Richardson
Breakell, Inc. ,
2314 Patterson Avenue, N. W.
Roanoke, Virginia 24016
540-283-3312
trichardson @breakell-inc.com
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-254]
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
JONATHAN E. CRAFT
Deputy City Clerk
October 11,2010
CECELIA T. WEBB
Assistant Deputy City Clerk
Travis Richardson
Breakell, Inc.
2314 Patterson Avenue, N. W.
Roanoke, Virginia 24016
Dear Mr. Richardson:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
October 18,2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City
Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
on the request of Breakelllnc. to permanently vacate, discontinue and close an approximately
100 square foot portion of Patterson Avenue, S. W., adjacent to 2314 Patterson Avenue,
S.W.
For your information, I am enclosing copy of a notice of public hearing. Please review the
document and if you have questions, you may contact Steven J. Talevi, Assistant City
Attorney, at 540-853-2431.
It will be necessary for you, or your representative, to be present at the October 18th
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Sincerely,
" ,~~)"tr\t)~
S ephanie M. Moon, CMC "--=,
City Clerk
SMM:ctw
Enclosure
APPLlCATION
STREET OR ALLEY VACATION
Date: 8/5/10
To: Office of the City Clerk
Fourth Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W,
Roanoke, VA 24011
Phone: (540) 853-2541 Fax: (540) 853-1145
All submittals must be typed and include allrequiredd.ocumentation and a check for the filing fee.
Application is hereby submitted for street or alley vacation for the property located at:
Location and description of street or alley to be closed: Breakell Inc, located at 2314 Patterson
Avenue, would like to vacate an area approximately 50 feet in length by 2 feet in depth,
of Roanoke City right of way. This area is located "near the northeast corner of the property
(tax # 1313101). To the north of the property is Patterson Avenue. To the South is Norfolk
Southern railroad right-of-way. To the west is Bridge St. And to the East is property owned
by Breakell Inc. This area has a 12" wide foundation wall, approximately 4 feet in height,
with a grass area on either side at different elevations. See Exhibit 1 for plot plan. Picture
1 shows the existing wall located in the right-of-way.
Proposed use of vacated street or alley:
Breakell intends to build a 1500 sqft. office addition. In order to use the existing
foundation wall, this right-of-way needs to be vacated to comply with City ordinances.
Name of Applicant/Contact Person: Breakell rnc. Travis Richardson
Mailing Address: 2314 Patterson Ave
Roanoke, VA 24016
Telephone: (54 c) 283 - 3312
Fax: (54)! 345- 9469
E-mail: trichardson@breakell-inc.com
AP~nt(S~ature(s):
./D1 ~- J31<&~1.L //1/(".
5
List of Property Owners adjacent to Breakell Inc.
Properties to the North of Breakelllnc:
Tax Number: 1312315 Owner: Patterson Bridge LLC
Tax Number: 1311601 Owner: Bowling Eutaw L
Tax Number: 1312318 Owner: Bowling Eutaw L
Tax Number: 1312319 Owner: Ballard Properties of VA LLC
Tax Number: 1312320 Owner: Ballard Properties of VA LLC
Properties to the West of Breakelllnc:
Tax Number: 1410101 Owner: Virginia Holdings Corp. Atten: Bill Ti
Properties to the South of Breakelllnc:
Norfolk Southern right-of-way.
Tax Number: unknown Owner: unknown
Properties to the East of Breakelllnc:
Tax Number: 1313103 Owner: Breakelllnc
ee>
!D!D~
=N.....
~~l
~~!B
Jn~
~22 ()
. ~ r>.
iii!ll
S"
-oCI:I
p~
E.~
2jg~
~~;;l .
!lli .
CI:I...... ~
~
>zE=~~ ea~~ =>>-O~
~~~~~e~ ~~N ~~~~~:;!
~~~~=~~~ai~~:;!o~~~~~
~g~~~~m~ffl ~i~~~~~~J
;!Ie ~",,~fll 0 ~Se~Be
~~~~~~$e~~~melaCI:I""~
~~~""~d~~ iil ~>z~~e
~>~g~B~; ~~~!OjZ:;!~8g2
~aj~>~!l!' zg :I:!='~I-d' r>
~g~~~~~ ~~~~~~~~I~
e-O "'O~~>= ~ ~~~ao~~
~~~~~~~~ ~~~~jg~~I~~
~~>~~~~~ ""~~~N~PCI:I !OJ
o~~~ r~iil ~~fll~~~;~~~
~i~~~~~~ d~~8~iil ~~~
ee ~ OOg e = = >
o~~~;r;d~ >~a~!ll~CI:I~~~
~i~;~ ~~~> ;~~~CI:Ig~~~~
=~c !OlE ea~ 2~~~CO
Wa-o >~ ~n ~ ~ ~6
~ ~~!ll~ ~O=~~~e~d~
do~:;!_ ~~~~~~>e~~
iil~:;!~~~~ ;;l;;l~~jg~a~2~
oc:;!~n~-o 2~N~~:;!~~~Q
'"'''''~~~ ~ lIle,!,~~~","l!2l*
%~= c ~ :;!N:I:~nC7~~
~i:iJ~ J<l!2~ ~~t;~' ~~\ZlJ""p
~~ ~~~ ~g~~ ~~~~~
... "" ~ ""cia . ~"'~
~ d !iE ~ ~ ~S
?- ~ III ~ ~ra?
~
~
jg
~
.:!:.
iii
iii~ZZC:
I"]OZ
~ ::ro' lQ
;g~~@8
o :!J
~:s;J~8
>~1!l" c
j'il!!1:f:!?:1
>ZlXIC
;:e"':":<
~~~~
~!2!C')!2!
:E~ ~.:-<
i~""""
:<e ~
~i ~
~ a
t" ,... ,.,
i
!Z!
W
~
~~
fj
~" C;, ~
~-b~
~
.V;
.C;,
.~
i
~
I
...
.'Ct
~
m
:;;0
(J)
o
~z
~~
m
z
c
JTI
(J)
~
-,...-
~l6@
1-'-
~!t -c
~!
~ t.l coc
"'. "':,c
~1-
t.ll
~~ ",1
f."'!
&& &i
~'-
~~ ... '
c..l.... c..l"
co:
'l.U1. de
...-
en'" '1'
. .
zz z:
~:5 t.l ,
-,
~Cl!. all
~~ ~l
Il'1 ;E ;E=
~~ - c
;to c
~en ~~
o. <<t
o
;
~
~
iii i;
~
tI)
II ("')
~
ti
o
~
~I
"'0
~~
':;li\
~:; 2
!d.... ill
9~
\ ~g
! \ ~
-:;
-....
!d..
\ !d-
R
~ ~: s
OJ
~I
~~
-=
/'
'I
I
I
l
~
/.
I
i
.
I
I
I
)
PICTURE 1
~-_....
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-254]
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
STEPHANIE M, MOON, CMC
City Clerk
October 20,2010
Sean Horne
Balzer and Associates, Inc.
1208 Corporate Circle
Roanoke, Virginia 24018
Dear ML Horne:
'-
JONATHAN E, CRAFT
Deputy City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
I am enclosing copy of Ordinance No. 38988-101810 permanently vacating,
discontinuing and closing an approximately 900 square foot portion of 24th Street, S. W.,
between an alley and Aver:1ham Avenue, S: W., and adjacent to the northern boundary
of the parcel bearing Official Tax No. 1051910.
The abovereferenced measure was adopted by the Council ofthe City of Roanoke at a
regular meeting held on Monday, October 18,2010;' and is in full force and effect upon
its passage. '
Sincerely,
.~m.~~
Stephanie M. Moon, CMC
City Clerk
Enclosure
pc: Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Susan Lower, Director of Real Estate Valuation
Philip Schirmer, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
r;v{
\~
)0\
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of October, 2010.
No. 38988-101810.
AN ORDINANCE permanently vacating, discontinuing and closing a certain
public right-of-way in the City of Roanoke, as more particularly described hereinafter;
and dispensing with the second reading by title of this ordinance.
WHEREAS, Ward Mills filed an application with the Council of the City of
Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to
permanently vacate, discontinue and dose the public right-of-way described hereinafter;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by 930-14, Code of the City of Roanoke (1979), as amended, and
after having conducted a public hearing on the matter, has made its recommendation to
Council;
WHEREAS, a public hearing was held on such application by City Council on
(
October 18,2010, after due and timely notice thereof as required by 930-14, Code of the
City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens
were afforded an opportunity to be heard on such application;
WHEREAS, it appearing from the foregoing that the land proprietors affected by
the requested closing of the subject public right-of-way have been properly notified; and
WHEREAS, from all of the foregoing, City Council considers that no
inconvenience will result to any individual or to the public from permanently vacating,
discontinuing and closing such public right-of-way.
O-Ward Mills-vacate portion of 24th Street.doc
1
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke,
Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more
particularly described as follows:
An approximately 900 square foot portion of 24th Street, S.W., between an alley
and Avenham Avenue, S.W., and adjacent to the northern boundary of the parcel
bearing Official Tax No. 1051910
be, and is hereby permanently vacated, discontinued and closed, and that all right and
r-
interest of the public in and to the same be; and hereby is, released insofar as City
Council is empowered so to do with respect to the closed portion of the right-of-way,
reserving however, to the City of Roanoke and any utility company or public authority,
including, specifically, without limitation, providers to or for the public of cable
television,' electncity, natural gas or telephone service, an easement for sanitary sewer
and water mains, television cable, electric wires, gas lines, telephone lines, and related
facilities that may now be located in or across such public right-of-way, together with the
right of ingress and egress for the maintenance or replacement of such'lines, mains or
utilities, such right to include the right to remove, without the payment of compensation
or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any
other encroachments on or over the easement which impede access for maintenance or
replacement purposes at the time such work is undertaken; such easement or easements to
terminate upon the later abandonment of use or permanent removal from the above-
described public right-of-way of any such municipal installation or other utility or facility
by the owner thereof.
BE IT FURTHER ORDAINED that closure of the subject right-of-way shall be
subject to the condition that the applicant shall construct curb and gutter along the entire
O-Ward Mills-vacate portion of 24th Street.doc
2
frontage of 24th Street adjacent to the northern boundary of the applicant's property,
exclusive of any driveway entrance.
BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision
Agent, receive all required approvals of, and record with the Clerk of the Circuit Court
for the~ City of Roanoke, a subdivision plat, with such plat combining all properties which
would otherwise be landlocked by the requested closure, or otherwise disposing of the
land within the right-of-way to be vacated in a manner consistent with law, retaining
appropriate easements, together with the right of ingress and egress over the same, for the
,
installation and maintenance of any and all existing utilities that maybe located within
the right-of-way.
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other
conditions to the granting of the application, deliver to the Clerk of the Circuit Court of
the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where
deeds are recorded in such Clerk's Office, indexing the same in the name of the City of
Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any
other parties in interest who may so request, as Grantees, and pay such fees and charges
as are required by the Clerk to effect such recordation. '
BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of
this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke,
Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for
the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation
has occurred.
0- Ward Mills-vacate portion of 24th Street.doc
3
BE IT FURTHER ORDAINED that if the above conditions have not been met
within a period of one year from the date of the adoption of this ordinance, then such
ordipance shall be null and void with no further action by City Council being necessary.
BE IT FINALLY ORDAINED that pursuant to the provisions of S 12 of the City
Charter, the second reading of this ordinance by title is hereby dispensed with.
ATTEST:
A~l!::'. ~
O-Ward Mills-vacate portion of 24th Street.doc
4
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
October 18, 2010
Honorable David A. Bowers, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable Raphael E. Ferris, Council Member
Honorable Sherman P. Lea, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Request from Ward Mills to permanently vacate, discontinue and
close an approximately 900 square foot portion of 24th Street, S.W.,
between an alley and Avenham Avenue, S.W., and adjacent to the
northern boundary of the parcel bearing Official Tax NO.1 05191 O.
Planning Commission Public Hearing and Recommendation
Planning Commission public hearing was held on Thursday, September 16,
2010. There was no one present to speak in favor of or in opposition to the
proposed right-of-way vacation. Bya vote of 6-0 (Mr. Futrell absent), the
Commission recommended City Council approve the proposed closure, and that
the land should be conveyed at a value of $5,040.00, with such consideration
reduced by the cost of the curb and gutter along the frontage. The applicant
submitted an estimate of $5,400.00 for the curb and gutter installation. The
estimate has been reviewed by the City's Development Review Coordinator and
found to be accurate. The value of the curb and gutter exceeds the value of the
right-of-way, so no payment to the City is recommended. The Commission
further recommends that the vacation be approved subject to these conditions:
1. The applicant shall construct curb and gutter along the entire frontage
of 24th Street adjacent to the northern boundary of the applicant's
property, exclusive of any driveway entrance.
2. The applicant shall submit a subdivision plat to the Agent for the
Planning Commission, receive all required approvals of, and record the-
'plat with the Clerk of the Circuit Court for the City of Roanoke. Such
plat shall combine'all properties which would otherwise dispose of the
land within the right-of-way to be vacated in a manner consistent with
law, and retain appropriate easements for the installation and
City Council
Page 2
October 18, 2010
maintenance of any and all existing utilities that may be located within
the right-of-way, including the right of ingress and egress.
3. Upon meeting all other conditions to the granting of the application" the
applicant shall deliver a certified copy of this ordinance for recordation
to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same
in the name of the City of Roanoke, Virginia, as Grantor, and in the
name of the petitioner, and the names of any other parties in interest
who may so request, as Grantees. The applicant shall pay such fees
and charges as are required by the Clerk to effect such recordation.
4. Upon recording a certified copy of this ordinance with the Clerk of the
Circuit Court of the City of Roanoke, Virginia, the applicant shall file with
the Engineer for the City of Roanoke, Virginia, the Clerk's receipt,
demonstrating that such recordation has occurred.
5. If the above conditions have not been met within a period of one year
from the date of adoption of this ordinance, then such ordinance shall
be null and void with no further action by City Council being necessary.
Respectfully submitted,
~~
Angela Penn, Chair
City Planning Commission
c: William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager
Applicant
City Council
Page 3
October 18, 2010
Application Information
Request: Permanent vacation of a portion of 24th Street, SW
Adjoining Owner/applicant T. Ward Mills
City Staff Person: Frederick Gusler, AICP
Site Address/Location: 2401 Avenham Avenue
Official Tax Nos. of 1051910
adjoining properties:
Site Area: :t 900 square feet
Existing Zoning: RM-1
Proposed Zoning: n/a
Existing Land Use: Unimproved right-of-way
Proposed Land Use: Residential side yard setback area
Neighborhood Plan: South Roanoke
Specified Future Land Use: Residential
Filing Date: August 5, 2010
Background
The applicant owns the property at 2401 Avenham Avenue, S.W. The vacated
right-of-way will enable the construction of an addition in conformance with
minimum yard requirements of the zoning ordinance.
The applicant submitted plans for a 3-car garage to be built onto the northwest
corner of the house. The plans also include a retaining wall on the eastern side of
the driveway into the garage. The required setback is 10 feet for this corner lot in
the RM-1 district. The six feet of vacated right-of-way would allow the applicant
to meet this minimum requirement.
No sidewalk or curb and gutter exist along the segment of 24th Street where the
right-of-way is proposed to be vacated.
Considerations
Section 30-14(5) of the Code of the City of Roanoke provides the following
standard for consideration of street and alley vacation requests:
"Following the hearing before the city planning commission on an
application to alter or vacate a street or alley, the commission shall
report in writing to the city council whether in its opinion, any, and if
any, what inconvenience would result if the application were
approved by council, and the commission shall report and make a
recommendation to council as to whether the application should be
approved."
City Council
Page 4
October 18, 2010
Vacation of the portion of 24th Street, SW will not prohibit access to any other
properties and will not change the current use of the property. There will be no
impact on vehicular traffic as the existing improved street will not be impacted.
The applicant intends to construct a driveway entrance, therefore, staff
recommends a condition that the applicant construct curb and gutter along the
entire length of the frontage from the alley to the intersection of 24th Street and
Avenham Avenue. The sale price of the property, established at $5,040, should
be reduced to offset the value of improvements within the public right-of-way.
Surroundinq Zoninq and Land Use:
Zoning District Land Use
North RM-2, Residential Mixed Density District Residential
South RM-1, Residential Mixed Density District Residential
East RM-2, R-5, Residential Single-family District Residential
West RM-2, Residential Mixed Density District Residential
Compliance with the Zoninq Ordinance:
Vacation of the portion of right-of-way will not impact the zoning map.
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
The proposed vacation does not pose any conflicts with the future land use plans
or transportation policies of the South Roanoke Neighborhood Plan or Vision
2001-2020, Roanoke's Comprehensive Plan.
Public Utilities:
Staff received comments from Verizon, Roanoke Gas and Appalachian Power
Company. There were no objections to the proposed vacation, however
Appalachian Power Company has existing facilities in the area that require
routine tree clearing. Since the facilities are within the existing City right-of-way,
Appalachian Power is able to clear these trees under provisions of its franchise
agreement with the City of Roanoke. Appalachian would require the applicant to
sign an easement granting Appalachian rights to continue maintaining its facilities
at this location.
City Department Comments:
Public Works staff initially objected to the proposed vacation, stating the ROW
should be maintained for future complete streets. However, the street design
team (which includes Public Works staff) discussed this request and advised that
there is enough right-of-way currently to vacate the subject portion and still
achieve the desired complete street typical section. The team suggested the
L TN(1b) typical section on page 40 of the Street Design Guidelines, which is
City Council
Page 5
October 1 B, 2010
based on 50 feet of right-of-way. The segment of 24th Street adjoining the
applicant's property has 60 feet of right-of-way.
Public Comments:
The president of Neighbors in South Roanoke said that the organization's board
opposed the request if it impacted connectivity. He stated that the street should
be maintained and sidewalk should be added.
Planninq Commission Discussion:
Mr. Williams questioned whether the installation of the curb and gutter would
affect any future sidewalk construction and whether access should be from the
alley rather than the street. Mr. Craig Balzer responded that access from the
street would result in a much shorter driveway and would not require removal of
trees.
Mr. Talevi and staff discussed how the cost of the curb and gutter would be
subtracted from the consideration paid for the land.
Mr. Van Hyning asked if Traffic Engineering had looked at the request. Mr.
Gusler advised that it was reviewed by the Street Design Team, which
determined that the resulting right-of-way would accommodate a design that is in
conformance with the Street Design Guidelines.
APPLICATION
STREET OR ALLEY VACATION
Date: 8/5/2010
To: Office of the City Clerk
Fourth Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Phone: (540) 853-2541 Fax: (540) 853-1145
All submittals must be typed and Include all required documentation and a check for theflling fee.
Application is hereby submitted for street or alley vacation for the property located at:
Location and description of street or alley to be closed: It is being requested that a 6' wide strip of
24th Street Right of Way be vacated by the city and combined with Tax parcel 1051910. See
attached Exhibit # 1 for furhter detail.
Proposed use of vacated street or alley:
The vacated area will be used as residential yard area, and is needed to bring the existing structure
on parcel 1051910 into conformance as well as reduce the amount of exisitng encroachments in
the current Right of Way.
Name of Applicant/Contact Person: ApplicantWard Mills Contact: Sean Horne 540-772-9580
Mailing Address: Applicant: 2401 Avenham Ave/ Roanoke, VA 24014
elephone: (540) 581-4882 Fax: (
E-mail:
5
LEGEND
o IRON PIN SET
. IRON PIN FOUND
ARDI BOUNDED BY CORNERS(D TO@ TO Q)TO@INCLUSIVC AND
CONTAINING 900 SQFT TO BE ~G:4mJ AND COMBINED WITH T.M. ~'05'9'O
N/,F
HARPOLE, LC.
INST. 10/0002363
T.M. 1/05/903 I
ZONED RM-2 --.J
------------
V)
G
:::.<;;
....,"'-
>- ,0;1
~~-~
o.c.... I/) '<
$.~ .C:l
<= ~ ~ ,~
-~C:l
lIiQ:j'-='"
~c:i
~
20' ALLEY
~
c:i
~
'i
\ 0.207 ACRE
'i (M. 1/0519/0
20,0' 40.0'
N, HALF OF LOT 20
LOT /9 ~
't
:\
I 't
it
C:l
~
;j
....,
/ ~
j
/ WALL
....,
....,
~
2 STORY
FRAME
12401
40.2'
~
....,
~
- SJ2'19 '00 "W 60,00'
A VENHAM A VENUE,
80' R/W
GRAPHIC SCALE
b.-~
..
I
( IN FEET )
I Inch = 20 fL
I
;;)
I a
g -/
~I~
~I;~
~I~I
~I""
~~
IIII
1/.7'
't
\
20,0'
~ 6) I
10,9'
~d
CJ
~ 6.Oj /
... 11.5'
I/)
'<i
'"
'"
<<i
'"
BO
I
60.0'
EXISTING R/W
54.0'
PROPOSED R/W
ARE;<! TO BE
~G:47FD
~
Q:::
..
~
~
i:::-
l::J
~~
(~ 1:1
v,.:,
r::l
~~
1'-: ~
~~
I.;::
V)
~
~
.....C\j
~
~
:;;
ii':
~
t3
e
.....
~
~
s:
ii':
~
l...J
~
lij
EXHIBIT 1
10)
10Z~
GS'
I, \'
\,,13, co')
((<j(E;,
L_____
/5.0'
u
....,....
....,-
\0_
lI) -'"
<..j '_ I
i:::~-~
~ei,J~'<
~o.:"l'-r::l
~~''1@
o.:-~<::l
C:l ,....,'"
C\:ll.1
C:lCl
Vj
/7.5'
-----
AREA CALCULATIONS
0,207 AC.
9,000 SOFT
0,021 AC,
900 SOFT
0,228 AC.
9,900 SOFT
NOTES:
1, OWNERS OF RECORO: THOMAS W, MILLS
JERRI M, MILLS
2. LEGAL REFERENCE: INSTRUMENT #0.30011961
.3, LOT INFORMATiON: NORTH 1/2 OF LOT 19 AND ALL OF LOT 20
CRYSTAL SPRING LAND COMPANY
PLAT BOOK I, PAGES 102 & 10.3 (RKE. CO,)
4. TAX MAP NUMBER: 1051910
5. PROPERTY CURRENTLY ZONED RM-l
6, PROPERTY MAY CONTAIN UNDERGROUND UTiLITY SERVICE LINES,
EXHIBIT FOR
THOMAS W. MILLS
JERRI M. MILLS
SHOWING 900 SOFT OF 24TH STREET, S,W.
TO BE VACATED AND COMBINED WITH
T.M. #1051910
CITY OF ROANOKE, VIRGINIA
DATED AUGUST 4, 2010
JOB DR1000027,OO
SCALE: 1" = 20'
DRN: SCB
CHK: BJC
EXISTING
T,M. #1051910
PROPOSED
VACATED R/W
NEW ACREAGE
T,M, #1051910
lY\LZER
-
"1!:P'U[CTlNQ TO~o""ow
TEL: 540-772-9580 FAX: 540-772-8050
PLANNERS ARCHITECTS ENGINEERS SURVEYORS
Balzer & Associates, Inc, 1208 Corporate Circle Roanoke Vo. 24018
..........
.""""",
."""",,,,
...........
The Roanoke Times
Roanoke, Virginia
Affidavit of publication
The Roanoke Times
--------------------------------------------------+------------------------
BALZER AND ASSOCIATE
1208 CORPORATE CIRCL
ATTN: SEAN HORNE
ROANOKE VA 24018
REFERENCE: 80033818
12361262
NPH-Ward Mills
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
___~~~day of OCT 2010. Witness my hand and
official seal.
~~__ Notary Public
,\IIUUllt
\\\ \ 1'\" '"
, \ , f'- \.J"\ r JI,f~"
",L"'\4. ....... "..
";:v .' ~I'. ,
~ ~ ..' "r>-~'\ ". -:.
: ~ :'~O ~0G ~ ...it ~
.. cr:. c\5 nf\9':) . ..
= OJ : l' 1Q'::!v ~ : 4: -
.. . r:.:It c.,S\G - ..
- . ~~I,;.o' ~~"v : <::
~~.... ~C;~0-'? ~~ ....ifE
... . ~. .~...
~ ~"" ....<. .......
"O~ ......... \:)'......
"" 'I110NWEf>..\"\'<-- .. ,..'
"""111111'\'
PUBLISHED ON:
10/01
10/08
TOTAL COST:
FILED ON:
349.44
10/08/10
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
NOTICE OF PUBLIC
HEARING
The Council of the City of
Roanoke will hold a public
'hearing on Monday, October
118, 2010, at ,7:00 p,m" or
'as soon thereafter as the
:maller may be heard, in the
Council Chamber, fourth
'floor, in the Noel C, Taylor
Municipal BuIW~ng, 215,
Church Avehu,e, S,W"
Roa no ke, Virgin I a, to
'consider the foll~wing:
I' Request from Ward Mills'
to permanentl,y vacate,
(discontinue and close an
a'pproximately 900 square
foot portion of 24th Street,,!
S,W" betw~en an alley an~
j - - ,... ~,~. . - -
iAvenham Avenue, S.W" and
ladjacentto the northern
Iboundary of the parcel
Ibearing Officia"T~x No.
1051910,
i A copy of the:application
lis available for, review in the
,Office of the' City Clerk,
Room 456, Noel C, Taylor
IMunicipal Building, 215
IChurch Avenue, S,W"
,Roanoke, Virginia,
I All partieS in interest and
I'citizens may appear on the
above date and be heard on
!the mailer. 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 Thurs~ay before the
date of the hearing listed
above, ,
: GIVEN under my hand this
;28th day of September,
2010,
I' Stephanie M, Moon, CMC
City Clerk,
J
(12361262)
.~ _..- -----'--- ~"'..
--------------------------------------------------+------------------------
~~~~~~~~::-:~;#-:~, Billing Services Representative
<'/\\0
"i~'u~
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday, October 18,2010,
at 7:00 p.m., or as soon thereafter as the matter maybe heard, in the Council Chamber, fourth floor,
in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider
the following:
Request from Ward Mills to permanently vacate, discontinue and close an'
approximately 900 square foot portion of 24th Street, S.W., between an alley
. I
and Avenham Avenue, S.W., and adjacent to the northern boundary ofthe,!
parcel bearing Official Tax No. 1051910.
A copy ofthe application is available for review in the Office of the City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter.
If you are a person with a disability who needs accommodations for this hearing, please contact the
City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed
above.
GIVEN under my hand this 28tWayof September
,2010.
Stephanie M. Moon, CMC
City Clerk.
Notice to Publisher:
Publish in the Roanoke Times on Friday, October 1, and Friday, October 8,2010.
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:
Sean Horne
Balzer and Associates, Inc.
1208 Corporate Circle
Roanoke, Virginia 24018
(540) 772-9580
The Roanoke Times
--------------------------------------------------+-------~----------------
I
I
I
I
I
1
j
I
1
I
I
I
I
I
I
I
I
I
I
I
1
1
,I
I
,I
'I
,I
I
I
1
1
I
i
1
I
I
1
I
I.
L
I
I
1
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
OFFICE OF ECONOMIC DEVELOPMENT
117 CHRUCH AVE
ROANOKE VA 24011
REFERENCE: 80084300
12377708
State of Virginia
City of Roanoke
NPH-Juice Do It
I, (t-he 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
__J~~ay of OCT 010. Witness my hand and
official seal.
~~
PUBLISHED ON:
10/16
....../..
TOTAL COST:
FILED ON:
202.80
10/16/10
-------------------~------------------------------+-------~----------------
;
Authorized~... A-
Signature :--t~r-
otary Public
,,\illlllllllt
",,:-{ p... LAYttt I"",
...' <'"'\ ........ '4.. "'..
... ~v. :-( -'."'11' -:.
.:....,::;s:-.~\'O-1"p..~ '. 4'
.11.. "--, . l.... t \ C 4. .",
: q: .: \,U\3\J 30 '.. it :.
: ll:) : 70909 " :
.. : r'l~G. # '~~SSfJ'M : c:t: ..
: ~ . p CO~\": : ~ :
-:. ~ ~'~'V\'i\-~\\ " C2i =.
-. . "\'="
-:. ~ '. .'~~""'-::
, ~ 0.'. " ..::.......
~ 'iJ_ ,., .' (. ,...
,~, '''7;t;, '" .'. . ~ \:)'....
'" VNWEAl'\\ ,....
" ,\
"//1/1111\"
"
.)
,----:---
I NOTICE OF PUBLIC
I ' HEARING':,
I "
The City of Roanoke
proposes to lea'sel
~pproximately 998,25
square feet of space on the
,first floor of the Municipal
.South Building, located at
:215 Church Avenue
Roanoke" Virginia, 24011:
,to Juice Do It, LLC, dba The
Break Room Cafe, for an
initial term of one year
'subject to four one yea;
Irenewal terms'
commencing October 18'
2010, lor the purpose 01
- operating-a-public 'snack,
bar serving meals, snacks,
and beverages,
'Pursuant to the
r e qui rem e n ts 0 f
;!jS15:2-1800 and 1813
/code,ofVirginia (1950) a~
amended, notice is hereby
given that the City Council
of the City of Roanoke will
I' hold a public hearing on the
above matter at its regular
imeeting to be held on
Monday, October 18, 2010
commencing at 7:00 p,m.'
in the Council Chambers'
4th Floor, Noel C, Taylo;
Municipal 8uilding, 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, October
14, 2010, '
GIVEN under my hand this
8th day of October, 2010.
Stephanie M, Moon
Clerk'
, '
~
\
,1
J
, I
"r
(12377708)
Billing Services Representative
6) ?- C,
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to lease approximately 998.25 square feet of space
on the first floor of the Municipal South Building, located at 215 Church Avenue,
Roanoke, Virginia, 24011, to Juice Do It, LLC, dba The Break Room Cafe, for an initial
term of one year, subject to four one year renewal terms, commencing October 18, 201 0,
for the purpose of operating a public snack bar serving meals, snacks and beverages.
Pursuant to the requirements of ~~15.2-1800 and 1813, Code of Virginia (1950)
as amended, notice is hereby given that the City Council ofthe City of Roanoke will hold
a public hearing on the above matter at its regular meeting to be held on Monday,
October 18, 2010, commencing at 7:00 p.rn., 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,
October 14, 2010.
GIVEN under my hand this 8th day of October
,2010.
STEPHANIE M. MOON
CLERK
Notice to Publisher:
Publish in the Roanoke Times on Friday, October 16,2010.
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:
Cassandra Turner
Economic Development Administrator
117 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2715