HomeMy WebLinkAboutCouncil Actions 10-15-12 FERRIS
39516-101512
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ROANOKE CITY COUNCIL
REGULAR SESSION
OCTOBER 15, 2012
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1 . Call to Order--Roll Call. Council Member Ferris was absent. Council
Member Lea arrived late.
The Invocation was delivered by The Reverend Maurita Wiggins, Pastor,
Valley Community Church of Divine Science.
The Mayor asked for a moment of silence in memory of Harry Cecil Curtis,
distinguished Roanoker and Founder, Hamlar and Curtis Funeral Service.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor David A. Bowers.
Welcome. Mayor Bowers.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channel 3 on
Thursday, October 18 at 7:00 p.m., and Saturday, October 20 at 4:00 p.m. Council
meetings are offered with closed captioning for the hearing impaired.
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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.
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, CLICK 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.
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THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR
THE FOLLOWING CURRENT OR UPCOMING EXPIRATIONS OF TERMS OF
OFFICE:
BOARD OF ZONING APPEALS - ONE THREE-YEAR TERM OF OFFICE
CITY PLANNING COMMISSION - FOUR FOUR-YEAR TERMS OF OFFICE
FAIR HOUSING BOARD — ONE UNEXPIRED TERM OF OFFICE
MILL MOUNTAIN ADVISORY BOARD - FOUR THREE-YEAR TERMS OF
OFFICE (ONE ZOO REPRESENTATIVE)
ROANOKE VALLEY-ALLEGHANY REGIONAL COMMISSION - ONE THREE-
YEAR TERM OF OFFICE (CITIZEN AT LARGE REPRESENTATIVE)
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
The Mayor recognized visiting Mayor Eugene W. Grant and Treasurer Robert
Ashton of Seat Pleasant, Maryland.
The Mayor recognized Building Commissioner, Jeff Shawver and the
Department of Planning Building and Development on obtaining national
accreditation.
Recognition of Elisabeth Oude Alink-Falkmann, ROC van Twente College Professor
visiting from Hengelo, Holland.
The Mayor recognized Ms. Oude Alink-Falkmann.
Presentation by Peter Lampman, President, Virginia Amateur Sports, Inc.
Mr. Lampman presented a plaque to the City for continued support of the
Virginia Commonwealth Games.
A proclamation declaring October 2012 as Disability Employment Awareness
Month.
The Mayor presented the proclamation to Robert K. Eggers, Chair, Mayor's
Committee for People with Disabilities.
A proclamation declaring October 15, 2012 as White Cane Safety and Blind
Americans Equality Day.
The Mayor presented the proclamation to Dianne Decker, Founder/Secretary,
Roanoke Alliance for the Visually Enabled.
A proclamation declaring October 21 — 27, 2012 as Red Ribbon Week.
The Mayor presented the proclamation to Lynn McDowell, Sheila Lythgoe and
Aaron Dean of RAYSAC.
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3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE
HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR
RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY
DEEM APPROPRIATE.
Robert Gravely appeared before the Council and spoke with regard to
inequality of the City.
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. The Mayor
called attention to two requests for closed meetings.
C-1 A communication from Mayor David A. Bowers requesting that Council
convene in a Closed Meeting to discuss the 2012 Citizen of the Year Award,
pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C-2 A communication from the City Manager requesting that Council convene in
a Closed Meeting to discuss the disposition of publicly-owned property located at
2750 Hoover Street, N. W., (former Villa Heights Community Center), where
discussion in a open meeting would adversely affect the bargaining position or
negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code
of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C-3 Annual Report of the City of Roanoke Finance Board (OPEB) for the Fiscal
Year ending June 30, 2012.
RECOMMENDED ACTION: Received and filed.
C-4 Reports of qualification of the following individuals:
The Honorable Judge Charles Dorsey as a City representative of the
Court Community Corrections Program Regional Community Criminal
Justice Board for a term of office ending June 30, 2015;
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Judy W. Jackson as a member of the Roanoke Civic Center
Commission for a three-year term of office ending September 30,
2015;
Mike Woolwine as a member of the Board of Zoning Appeals for a
three-year term of office ending December 31, 2015;
Jeffrey Marks as a City representative of the Roanoke Valley
Convention and Visitors Bureau, Board of Directors, for a one-year
term of office ending June 30, 2013;
Hollie Young as a member of the Roanoke Neighborhood Advocates
to fill the unexpired term of Felicia Journiette ending June 30, 2014;
and
D. Elliott Bayer as a member of the Human Services Advisory Board
to fill the unexpired term of Pamela Kestner ending November 30,
2014.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS: NONE.
7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY
MANAGER:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance and appropriation of funds for the 2012 - 2013
AmeriCorps Grant awarded to the Roanoke public libraries.
Adopted Resolution No. 39516-101512 and Budget Ordinance No.
39517-101512 (6-0).
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2. Acceptance of art for the City's public art collection from the Dorothy
Muriel Gillespie Foundation, Inc.
Adopted Resolution No. 39518-101512 (6-0).
3. Authorization for waiver of the City's sovereign immunity and
execution of an agreement with Carilion Property Management, in
connection with the Roanoke GO Outside Festival to be held
October 19 - 21, 2012, at Rivers Edge Sports Complex North
(Reserve Avenue), a new annual event sponsored by the City.
Adopted Resolution No. 39519-101512 (6-0).
COMMENTS BY CITY MANAGER.
The City Manager shared the following comments:
Public Meetings and Open House
• Public Meetings on the Evans Spring Property and Valley View
Interchange Project to be held on October 16 and October 25 at
6:30 p.m., in the William Fleming High School Cafeteria.
• Open House to display the Countryside Greenway and Tail Project
Prosposal to be held on October 23 from 6:00 p.m. to 7:00 p.m., in the
William Fleming High School Cafeteria.
Upcoming Events
• Fall Fun Crime Prevention Day on October 21 from 12:30 p.m. to
3:00 p.m., at St. Marks Lutheran Church located at 1002 Franklin
Road, S. W.
• City Works Expo on October 18 —20, 2nd year, 3 day event, for more
information visit www.cityworksexpo.com.
Roanoke Redevelopment and Housing Authority News
• One of 72 applicants and 17 winners to receive $200,000.00 to create
a comprehensive transformation plan to enhance Lansdowne Park,
Melrose Towers and the surrounding neighborhoods.
• Three core goals identified; to create energy efficient and mixed
income housing, to develop opportunities for positive outcomes for
families related to health, safety, employment, mobility and education
and to create neighborhoods with access to well-functioning services,
high quality early learning programs and schools, public assets and
improved access to jobs.
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8. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation of
funds for various grant programs; and a report of the Director of Finance
recommending that Council concur in the request. Margaret Lindsey,
Director of Accounting, Spokesperson.
Adopted Budget Ordinance No. 39520-101512 (6-0).
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS:
a. A resolution electing and appointing Daniel J. Callaghan as Manager of the
City Attorney's Office, effective October 17, 2012.
Adopted Resolution No. 39521-101512 (6-0).
b. A resolution designating Council Member Anita J. Price as the Voting
Delegate and Council Member Sherman P. Lea as Alternate Voting Delegate
for the Annual Business Meeting of the National League of Cities on
Saturday, December 1 , 2012, in Boston, Massachusetts.
Adopted Resolution No. 39522-101512 (6-0).
11 . MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
Council Member Trinkle inquired about the status of the matter
involving the changing of the voting precincts; whereupon, the
Assistant City Manager for Community Development advised that the
public hearing was scheduled for November 19 after the presidential
election to avoid confusion. The City Clerk interjected that the
Secretary of the Electoral Board, Melvin Williams had a conflict on the
19th and she would follow-up with him on the matter.
Council Member Price reminded everyone that the deadline to register
to vote was October 15.
Council Member Lea commented that the recent Domestic Violence
Walk was successful and included many who spoke firsthand on the
impact of domestic violence on the community.
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b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
AT 3:21 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS FOR TWO
CLOSED MEETINGS.
AT 4:40 P.M., THE MEETING RECONVENED WITH ALL MEMBERS OF COUNCIL IN
ATTENDANCE WITH THE EXCEPTION OF COUNCIL MEMBER FERRIS.
CERTIFICATION OF CLOSED MEETING. (6-0)
AT 4:41 P.M., THE COUNCIL MEETING WAS RECESSED TO BE RECONVENED AT
7:00 P.M., IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL
BUILDING.
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ROANOKE CITY COUNCIL
REGULAR SESSION
OCTOBER 15, 2012
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--Roll Call. Council Member Ferris was absent.
The Invocation was delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Webelos Troop No. 10 sponsored by First Presbyterian Church.
Welcome. Mayor Bowers.
NOTICE:
Tonight's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, October 18 at 7:00 p.m., and Saturday, October 20 at 4:00 p.m.
Council meetings are offered with closed captioning for the hearing impaired.
A. PUBLIC HEARINGS:
1. Request of Roanoke Valley Swimming, Inc., for exemption of taxation on real
property located at 1130 Overland Road, S. W. Daniel Summerlin,
Vice-President, Spokesperson.
Adopted Ordinance No. 39523-101512 (6-0).
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2. Proposal of the City of Roanoke to convey approximately 17.5 acres of City-
owned property located at 2051 Blue Hills Drive, N. E.; and to further lease
an approximately 7.36 acre parcel of City-owned property located at 1970
Blue Hills Drive, N. E., for a term of five years to Roanoke Cooperative
Association, Ltd., d/b/a Roanoke Natural Foods Co-op to establish and
operate an urban farm to provide locally grown produce. Chris Chittum,
Planning Administrator.
Adopted Ordinance Nos. 39524-101512 and 39525-101512 (6-0).
3. Proposal of the City of Roanoke to amend the Enterprise Zone One A and
Enterprise Zone Two boundaries. Christopher P. Morrill, City Manager.
Adopted Resolution Nos. 39526-101512 and 39527-101512 (6-0).
B. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE
HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR
RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY
DEEM APPROPRIATE.
James Cook appeared before the Council and spoke with regard to the lack of
transparency and oversight to the Youth Athletic Council by the City.
C. ADJOURN - 7:40 P.M.
I0
CITY OF ROANOKE
{ .. CITY COUNCIL
It
4,21 /gyp,. 215 C:hurch.AVenue S.W.
fy y'-i Noel C-Taylor Municipal Building,Suite 456
Roanoke.Virginia 24011-1536
Telephone: (540)853-2541
DAVID A.BOWERS
Fax (540)853-1145 Council Members
Mayor William D.Bestpitch
Raphael E."Ray'Ferns
Sherman P. Lea
Anita J.Price
Court Ci. Rosen
David B.Trinkle
October 15, 2012
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 present at the 2:00 p.m. and 7:00 p.m. sessions of
Council on Monday, October 15, 2012. Best wishes for a successful meeting.
Sincerely,
°P1114(--1 n
Raphael E. Ferris
Council Member
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CITY OF ROANOKE
- OFFICE OF THE CITY CLERK
- 215 Church Avenue,S.W.,Suite 456
` nc Roanoke,Virginia 24011-1536
1 Telephone (540)853-2541
Fax (540)853-1145
STEPHANIE M.MOON,MMC E-mail clerk@roanokeva.gov JONATHAN E.CRAFT
City Clerk Deputy City Clerk
CECELIA T.WEBB
Assistant Deputy City Clerk
October 17, 2012
The Reverend Maurita Wiggins
Valley Community Church Of Divine Science
5000 Carriage Drive, S. W.
Roanoke, Virginia 24018
Dear Reverend Wiggins:
On behalf of the Mayor and Members of the Roanoke City Council, I would like to
express sincere appreciation to you for delivering the Invocation at the regular meeting
of the Roanoke City Council, which was held on Monday, October 15, 2012.
Sincerely,
Stephanie M. Moon, MMC
City Clerk
SMM:aa
•
Recognition of Professor from Holland
Elisabeth (Els) Oude Alink-Falkmann, a professor from ROC van Twente
College in the eastern part of The Netherlands on the German border,
plans the curriculum and coaches students as they gain training for the
workplace. She teaches workshops in citizenship, arithmetic, Dutch, and
employment skills. Hengelo, Holland is a mid-sized city of 80,000 in which
the historical center was destroyed during WWII; ROC van Twente College,
is a large and prestigious college of about 25,000 students; its emphasis is
on workforce based vocational training, but a visible priority at the college is
global awareness and they boast a student body from an array of different
national origins. Ms. Oude Alink-Falkmann will be in town visiting Virginia
Western Community College until October 27.
IAS Virginia Amateur Sports, Inc.
711 C 5th Street, NE
Roanoke, Virginia 24016
(540) 343-0987
FAX (540) 343-7407
INSPIRING WELLNESS & COMPETITION www.commonwealthgames.org
SPONSORS
TITLE
Subway
October 15, 2012
PRESENTING
ABC 13 WSET
Kroger
City of Roanoke
City of Salem The Honorable Mayor David A. Bowers
Roanoke County
Members of City Council
PREMIER
Coventry health Care City of Roanoke
National College
StellarGne Bank Roanoke, Virginia 24011
GOLD MEDAL
Arby's Dear Mayor Bowers and City Council Members,
Blue Ridge Copier
K92
Magnets USA
Parma Bread Thank you once again for giving me the opportunity to publicly say thank
Play By lay you for your ongoing support and commitment to Virginia Amateur Sports
Roanoke Valley CVB and the Virginia Commonwealth Games, officially known as the Subway
Salem Terrace at Harrogate
Sherwood Memorial Park Commonwealth Games of Virginia. Due to your efforts and the other
VIISL Valley governments, our 23rd Anniversary was a success.
SHYER MEDAI.
First Team Auto Mall
Complete Small Business Solution Enclosed is a small report on the economic impact the Games had on the
Grand Home Furnishings
Home Magazine Roanoke Valley. The report also provides information on the
Holiday Inn-Tanglewood
Lanford Brothers demographics of where the athletes traveled from to participate. Over the
Professional Therapies
River Sports Complex P ast 23 years, nearly 200,000 athletes have competed in this event,
Video Ventures known throughout Virginia as Virginia's Olympics.
BRONZE MEDAL
Adventures in Advertising
Appalachian Power Company Again, please accept my thank you for enhancing our ability to carry on
Blue Ridge Independent Living Ct,
Dicks Sporting Goods our Tradition of Excellence; the Subway Commonwealth Games of
Dominion Lodging Virginia.
Dom Pizza s Pi
Jewell, Inc
Mountain Springs Water
Radford University Graduate Colter
Roanoke Fruit& Produce O
Roanoke Regional Partnership Sincerely,
Stop In Virginia Amateur Sports
VA Dept of Rehab Semites&Agin; g P
PARTNER
Ayers Financial i 2' Let-10414 L.1
Bank of Fncastle I'
Carrabba s Peter Lampman
Delta Dental President
Franklin County Parks and Rec
Golden Corral
Poe& Cronk
Sport Clips
SUBWAr
COMMONWEALTH
GAMES
of Virginia Sanctioned by the National Congress of State Games and recognited by the United States Olympic Committee
Office of the Mayor
CITY OF ' ROANOKE
•
WHEREAS, we recognize that for Americans with disabilities, employment is a
fundamental to independence, empowerment and quality of life;and
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;and
WHEREAS, the Americans with Disabilities Act of 1990 (ADA) is designed to
remove barriers and enable individuals with disabilities to full participation in
society;and
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;and
WHEREAS, the City of Roanoke continues to work with the Mayor's Committee
for People 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 year;and
• to uphold the fundamental commitment of justice.and equality for all
people.
NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke,
Virginia, do hereby proclaim October 2012, throughout this great All-America
City, as
DISABILITY EMPLOYMENT AWARENESS MONTH.
Given under our hands and the Seal of the City of Roanoke this fifteenth day of
October in the year two thousand and twelve.
ATTEST:
::
Stephanie Al.Moon avid A.Bolder �
City Clerk Mayor
Office of the Mayor
•
CITY OF ROANOKE
rodamaliou
WHEREAS, White Cane laws are on the books in every state, including
Virginia, which states, "Whenever a totally or partially blind pedestrian
crossing or attempting to cross a highway is guided by a dog guide or
carrying a cane which is predominantly metallic or white in color, with or
without a red tip, the driver of every vehicle approaching the intersection
or place of crossing shall bring his vehicle to a full stop before arriving at
such intersection or place of crossing, unless such intersection or place of
crossing is controlled by a law-enforcement officer or traffic light.";
WHEREAS, generations of blind and visually impaired Americans have
dedicated their passion and skills to enhancing our lives — leading as
public servants, penning works of literature, lending their voice to music,
and inspiring as champions of sport;and
WHEREAS, the City of Roanoke is dedicated to ensuring persons with
disabilities have every opportunity to reach their full potential by
supporting the President's Twenty-First Century Communications and
Video Accessibility Act, which sets new standards that enable people living
with disabilities to access broadband, digital, and mobile innovations'
NOW THEREFORE, I, DAVID A. BOWERS, Mayor of the City of
Roanoke, do hereby call upon public officials, business and community
leaders, educators, librarians, and citizens in the Roanoke Valley to
recognize this special day with appropriate ceremonies, activities, and
programs; and proclaim October 15, 2012 as
WHITE CANE SAFETY DAY AND BLIND AMERICANS EQUALITY DAY
Given under our hands and the Seal of the City of Roanoke this fifteenth
day of October in the year two thousand and twelve.
ATTEST:
sM
Stephanie M. Moon - David A. Bowers
City Clerk - - Mayor
n � CITY OF ROANOKE
"I OFFICE OF THE MAYOR
`!*� 215 CHURCH AVENUE,S.W.,SUITE 452
ROANOKE,VIRGINIA 24011-1594
e )'� TELEPI ION F_: (540)853-2444
FAX. (540)853-1145
DAVID A.BOWERS
Mayor
October 15, 2012
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is to request a Closed Meeting to discuss the 2012 Citizen of the Year Award,
pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended.
Sincerely,
David A. Bowers
Mayor
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i• J CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: October 15, 2012
Subject: Request for Closed Meeting
This is to request that City Council convene a closed meeting to discuss the
disposition of publicly-owned property, being a portion of tax map parcel
2430601 located at 2750 Hoover Street, N.W. (former Villa Heights Community
Center) where discussion in an open meeting would adversely affect the
bargaining position or negotiating strategy of the public body, pursuant to
§2.2-3711 .A.3, Code of Virginia (1950), as amended.
ail" 7telf:a'
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
1 r CITY OF ROANOKE
//n. A a DEPARTMENT OF FINANCE
215 Church Avenue,SW, Suite 461
\ ` PO Box 1220
Roanoke, Virginia 24011-1220
telephone. 15401 853-2821
lax. 15401853-6142
ANN H.SHAWN/FR,CPA ANDR FA F.TRENT
Assistant Director of Finance
Director of Finance
October 15, 2012
Honorable David A. Bowers, Mayor
Honorable Court G. Rosen, 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 David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Attached for your review is a summary of the City of Roanoke Finance Board -
OPEB Trust activities for the time period July 1 , 201 1 through June 30, 2012. The
written minutes of each Board meeting are located in the City of Roanoke
Department of Finance Office.
On behalf of the members of the Finance Board, we would like to thank City
Council for the opportunity to be of service to our city.
Sincerely,
sfnAUN2�
Ann H. Shawver
Director of Finance
Attachment
c: Evelyn W. Powers, Board Member, Finance Board - OPEB Trust
Brian Redd, Board Member, Finance Board - OPEB Trust
Sherman M. Stovall, Board Member, Finance Board - OPEB Trust
Stephanie M. Moon, City Clerk
Annual Report of the Finance Board
City of Roanoke
OPEB Trust
June 30, 2012
August 30, 2011 Meeting
Members present: Evelyn Powers
Brian Redd
Ann Shawver
Others: Andrea Trent
The VML/VACo June 30, 2011 Quarterly Report for the Pooled Trust Fund had been
received.
Ms. Trent summarized the report by commenting the portfolio had ended the quarter
with a return of 0.4% and an annual return of 20.7%. She presented copies of the
Comerica Custodial Statements reflecting market values for the month ending July
2011 . The report displayed an approximate .9% decline for the month.
Through the RFP selection process, Asset Consulting Services Group (ACS) was selected
as the new investment consultant.
It was reported that additional funding of $71 ,000 has been provided to the trust,
bringing the City's annual contribution total to $259,000, accelerating the funding of
the City's outstanding liability and surpassing the actuarial required contribution
funding of $188,000.
The Board was updated on Council's resolution opting out of the state's pooled
funding arrangement managed by VRS regarding the state mandated Line of Duty Act
(LODA) liability.
November 22, 2011 Meeting
Members present: Evelyn Powers
Brian Redd
Ann Shawver
Others: Andrea Trent
The VML/VACo Quarterly Statement, dated September 30, 2011 , had been received and
forwarded to the Board members prior to this meeting. The portfolio had completed
the quarter with a decline of 12.0%. Ms. Trent presented information detailing the
Comerica Custodial Statement for the month ending October 31 , 2011 . The estimated
rate of return for the month was 7.7%.
OPEB Trust Annual Report of the Finance Board
October 15, 2012
Page 2
March 12, 2012 Meeting
Members present: Evelyn Powers
Brian Redd
Ann Shawver
Others: Andrea Trent
A copy of the December 31 , 2011 VML/VACo Trust Statement had been received and
forwarded to Board members prior to the scheduled meeting date. Ms. Trent reported
an approximate return of 6.1% for the quarter.
Ms. Trent presented copies of Comerica Custodial Statements reflecting the market
value for the month ending January 2012. The report displayed an approximate 4.2%
return for the month.
May 31 , 2012 Meeting
Members present: Brian Redd
Ann Shawver
Members absent: Evelyn Powers
Others: Andrea Trent
The VML/VACo Trust Statement, dated March 31 , 2012, had been received and
forwarded to the Board members prior to the meeting date. Ms. Trent summarized the
report by commenting the portfolio had a strong quarter returning 8.5%. Also
distributed was the Comerica Custodial Statement reflecting the market value for the
month ending April 2012. The report displays an approximate .4% decline for the
month.
Ms. Trent announced that Brian Redd has agreed to serve a second term on the Finance
Board and has been reappointed by Council.
A special meeting will be scheduled to review results of the valuation report being
conducted by Milliman to determine the City's liability related to the Line of Duty Act,
as passed by the Virginia General Assembly. The meeting will be scheduled upon
completion of the valuation and prior to the end of the year to allow the Finance Board
to approve funding of the actuarial required contribution.
OPEB Trust Annual Report of the Finance Board
October 15, 2012
Page 3
June 28, 2012 Meeting
Members present: Brian Redd
Ann Shawver
Members absent: Evelyn Powers
Others: Andrea Trent
The draft of the City of Roanoke's valuation report conducted by Milliman for the
purpose of identifying the Line of Duty Act (LODA) Annual Required Contribution (ARC)
was reviewed. The report, in draft format, was discussed with Ms. Trent referencing
areas where minor adjustments were expected upon finalization of the report. The
Finance Board approved and authorized funding up to 5250,000, not to exceed the
ARC, as presented in the final valuation report. Funding would be made so long as the
final report was received by June 30, 2012, allowing sufficient time to fund the trust.
w CITY OF ROANOKE
1 °- ' OFFICE OF THE CITY CLERK
215 Church Avenue,S.W., Suite 456
`. Roanoke,Virginia 24011-1536
1 Telephone: (540)853-2541
Fax: (540)853-1145
STEPHANIE M.MOON,MMC E-mail: clerk®roam:keva.gov JONATHAN E.CRAFT
City Clerk Deputy City Clerk
CECELIA T.WEBB
Assistant Deputy City Clerk
October 16, 2012
Kathryn Van Patten, Director
Court and Community Corrections
1717 Peters Creek Road, N.W.
Roanoke, Virginia 24017
Dear Ms. Van Patten:
This is to advise that The Honorable Charles Dorsey has qualified as a City
representative of the Court Community Corrections Program Regional
Community Criminal Justice Board to replace Judge Clifford Weckstein for a term
of office ending June 30, 2015.
Sincerelly�,
�
Stephanie M. Moon, MM
City Clerk
Printed On 10,092012 By CLERKS OFFICE
1101211 1077
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke,to-wit:
I, Charles Dorsey, do solemnly swear 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 a4City representative of the Court Community Corrections Program Regional
Community Criminal Justice Board for a term of office ending June 30, 2015, according
to the best of my ability. So help me God.
harles Dorsey,
The foregoing oath of office was taken, sworn to, and subscribed before me by
Charles Dorsey thiso4 'bay of e ±: 2012.
Brenda S. Hamilton, Clerk of the Circuit Court
:41 GV y � , 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
STEPHANIE M.MOON,MMC E-mail: elerk®roanokeva.gov JONATHAN E.CRAFT
City Clerk Deputy City Clerk
CECELIA T.WEBB
Assistant Deputy City Clerk
October 16, 2012
Robyn Schon, General Manager
Roanoke Civic Center
Roanoke, Virginia
Dear Ms. Schon:
This is to advise you that Judy Jackson has qualified as a member of the Roanoke Civic
Center Commission for a three-year term of office ending September 30, 2015.
!'Siimincerrelly'
Stephanie M. Moon, MMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Judy W. Jackson, do solemnly swear that I will support the Constitution of the
United States of America and the Constitution of the Commonwealth of Virginia, and that I
will faithfully and impartially discharge and perform all the duties incumbent upon me as a
member of the Roanoke Civic Center Commission for a three-year term of office ending
September 30, 2015, according to the best of my ability. So help e Gbd.
Vi , el Sq
Jud W gr kson
The foregoing oath of office was taken, sworn to, and subscribed before me by Judy W.
y
Jackson this { .day of (kkt(JCl( 2012.
Brenda S. Hamilton, Clerk of the Circuit Court
�efp�
A4$Sk . , Clerk
1
CITY OF ROANOKE
t _ OFFICE OF THE CITY CLERK
� ...,r_ 215 Church Avenue,S.W.,Suite 456
4' _-` Roanoke,Virginia 24011-1536
Telephone: (540)853-2541
Fax: (540)853-1145
STEPHANIE M.MOON,MMC E-mail: clerk@roanokeya.gov JONATHAN E.CRAFT
City Clerk Deputy City Clerk
CECELIA T.WEBB
Assistant Deputy City Clerk
October 16, 2012
Rebecca J. Cockram, Secretary
Board of Zoning Appeals
Roanoke, Virginia
Dear Ms. Cockram:
This is to advise you that Mike Woolwine has qualified as a member of the Board of
Zoning Appeals for a term of office commencing January 1, 2013 and ending
December 31, 2015.
Sincerely, je,,,,
Stephanie M. Moon, MM
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Mike Woolwine, do solemnly swear that I will support the Constitution of the
United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a member of the Board of Zoning Appeals for a three-year term of office ending
December 31, 2015, according to the best of my ability. So h- . me God.
Mik- Woolwine
The foregoing oath of office was taken, sworn to, and subscribed before me by Mike
/
Woolwine this { " day oflJ 2012.
Brenda S. Hamilton, Clerk of the Circuit Court
I CITY OF ROANOKE
k ,j_- OFFICE OF THE CITY CLERK
-10- s 215 Church Avenue,S.W.,Suite 456
^ Roanoke,Virginia 24011-1536
Tel : (540)653-2541
Fax: (5
Fax: (540)853-1145
STEPHANIE M.MOON,MMC E-mail: derk@roenokeve.gov JONATHAN E.CRAFT
City Clerk Deputy City Clerk
CECELIA T.WEBB
Assistant Deputy City Clerk
October 16, 2012
Landon Howard, Executive Director
Roanoke Valley Convention and Visitors Bureau
101 Shenandoah Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Howard:
This is to advise you that Jeffrey Marks has qualified as a City representative of the
Roanoke Valley Convention and Visitors Bureau, Board of Directors for a one-year term of
office ending June 30, 2013.
Sincerely,
Stephanie M. Moon, M
City Clerk
LIIr Lan."IC L t 11HrWY1t5O3b
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Jeffrey Marks,do solemnly swear that I will support the Constitution of the United
States of America and the Constitution of the Commonwealth of Virginia, and that I will
faithfully and impartially discharge and perform all the duties incumbent upon me as a City
representative of the Roanoke Valley Convention and Visitors Bureau Board of Directors
for a one-year term of office ending June 30, 2013, according to the best of my ability. So
help me God.
The foregoing oath of office was taken, sw. n to, and subscribed before me by
Jeffrey Marks this 9 day of C 1-obU . 2012.
Brenda S. Hamilton, Clerk of the Circuit Court
/ %/ '/,.ice , Clerk
CITY OF ROANOKE
lr j_ OFFICE OF THE CITY CLERK
-.,. 215 Church Avenue,S.W.,Suite 456
rtf- '. '6- Roanoke,Virginia 24011-1536
Telephone: (540)853-2541
Fax: (540)853-1145
STEPHANIE M.MOON,MMC E-mail: derk@roanokeva.gov JONATHAN E.CRAFT
City Clerk Deputy City Clerk
CECELIA T.WEBB
Assistant Deputy City Clerk
October 16, 2012
Robert A. Clement, Jr.
Neighborhood Services Coordinator
Roanoke, Virginia
Dear Mr. Clement:
This is to advise you that Hollie Young has qualified as a member of the Roanoke
Neighborhood Advocates to fill the unexpired term of Felicia Journiette ending June 30,
2014.
Sincerely,
Stephanie M. Moon, MMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Hollie Young, do solemnly swear that I will support the Constitution of the
United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a member of the Roanoke Neighborhood Advocates to fill the unexpired term of
Felicia Journiette ending June 30, 2014, according to the best of my ability. So help me
God.
Ho ie Young Y7 �
The foregoing oath Coof o ice was taken, sworn to, and subscribed before me by
Hollie Young this i day oftc i Ot 2012.
Brenda S. Hamilton, Clerk of the Circuit Court
r
By 1, att.... /tits_ . Clerk
/ 1
CITY OF ROANOE
Sc K
t ` OFFICE OF THE CITY CLERK
"- 215 Church Avenue,S.W.,Suite 456
='r " i°- Roanoke,Virginia 24011-1536
1 Telephone: (540)853-2541
Fax: (540)853-1145
STEPHANIE M.MOON,MMC E-mail clerk@roanokeva.gav JONATHAN E.CRAFT
City Clerk Deputy City Clerk
CECELIA T.WEBB
Assistant Deputy City Clerk
October 16, 2012
Teresa McDaniel, Secretary
Human Services Advisory Board
Roanoke, Virginia
Dear Ms. McDaniel:
This is to advise you that D. Elliott Bayer has qualified as a member of the Human
Services Advisory Board to fill the unexpired term of office of Pamela Kestner ending
November 30, 2014.
Sincerely,
Stephanie M. Moon, MMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, D. Elliott Bayer, do solemnly swear that I will support the Constitution of the
United States of America and the Constitution of the Commonwealth of Virginia, and that I
will faithfully and impartially discharge and perform all the duties incumbent upon me as a
member of the Human Services Advisory Board to fill the unexpired term of Pam Kestner
ending November 30, 2014, according to the best of my ability. So help me God.
D. Elliott Bayer
The foregoing
v
g oath of off/c�e�was�taken, sworn to, and subscribed before me by D. Elliott
Bayer thi'V day of �-� vl�C/ 2012.
Brenda S. Hamilton, Clerk of the Circuit Court
By JJ' Lei,/i, gg/ll.a , Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of October, 2012.
No. 39516-101512.
A RESOLUTION authorizing acceptance of the AmeriCorps Grant 2012-13 from the
Commonwealth of Virginia, Department of Social Services, 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 hereby accepts the AmeriCorps Grant 2012-13 in the
amount of$237,334, which includes a local cash match required from the City in the amount of
$37,186, an in-kind match of$90,341 from the City, and $109,807 from the Commonwealth of
Virginia, Department of Social Services, to be used by the Roanoke Public Libraries to hire 15
AmeriCorp members for up to a one year period to expand current services and to provide
computer literacy classes and individual computer assistance to children, teens and adults, as
more particularly described in the City Council Agenda Report dated October 15, 2012.
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 -s
City Clerk I`
R-A.nenCorps grant 2012-13.10-152012.doc
04IP
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of October, 2012.
No. 39517-101512.
AN ORDINANCE to appropriate funding from the Federal AmeriCorps program
through the Virginia Department of Social Services to provide part-time personnel for
various library services and programs, amending and reordaining certain sections of the
2012-2013 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 2012-2013 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Temporary Wages 35-650-8309-1004 $ 116,280
FICA 35-650-8309-1120 8,896
Workers Compensation - Other 35-650-8309-1141 750
Professional Services 35-650-8309-2010 9,000
Administrative Supplies 35-650-8309-2030 7,542
Training and Development 35-650-8309-2044 4,000
Wearing Apparel 35-650-8309-2064 525
Revenues
AmeriCorps Grant FY13 35-650-8309-8309 109,807
AmeriCorps Grant FY13 - Local 35-650-8309-8310 37,186
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTE�SS-T--:LI
City Clerk. L.
cAl A s
CITY COUNCIL AGENDA REPORT
at.,IS'
To: Honorable Mayor and Members of City Council
Meeting: October 15, 2012
Subject: Third Year Funding - AmeriCorps Grant 2012-13
Background:
The National and Community Service Trust Act of 1993, created AmeriCorps to
expand opportunities for Americans to serve their communities. Roanoke Public
Libraries has now been awarded third year funding for an AmeriCorps grant totaling
$237,334 in grant and match. This will enable the Library to hire a total of 15
AmeriCorps members for up to one year to expand current services and provide
computer literacy classes and individual computer assistance to children, teens and
adults. Classes will be located in a variety of places, including library locations,
Goodwill Industries, Blue Ridge Literacy, the Virginia Work Force Center, Refugee and
Immigration Services, 21st Century School Learning Centers and other partner
agencies. The grant requires an additional cash match of $37,186 which is available
in account (35-300-9700-5415) Local Match Funding for Grants, as well as an in-kind
match of $90,341 . The in-kind match is covered by various line items already in the
Libraries' General Fund FY13 operating budget, such as: existing job and testing
computer databases, computer equipment and administrative oversight.
Consideration:
City Council action is needed to formally accept and appropriate these additional
funds, and authorize the Director of Finance to establish a revenue estimate and
appropriations to use in implementation of the program in conformance with the
AmeriCorps guidelines.
Recommended Action:
Accept AmeriCorps Grant and authorize the City Manager to execute the contract and
grant agreements and any related documents, subject to approval as to form by the
City Attorney. Adopt the accompanying budget ordinance to establish a revenue
estimate in the amount of $109,807, transfer additional local cash matching funding
of $37,186 from Local Match Funding for Grants (35-300-9700-5415) and to
appropriate funding in the amount of $146,993 to an account to be established in the
Grant Fund by the Director of Finance.
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Sheila S. Umberger, Director of Libraries
•
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF SOCIAL SERVICES
September 17,2012
Ms. Sheila Umberger,Program Director
City of Roanoke Public Libraries
Computer Literacy Program
706 South Jefferson Street
Roanoke,VA 24016-5104
Reference: Contract No: CVS-10-031-02
Dear Ms. Umberger:
The Commonwealth of Virginia, Department of Social Services, in accordance with Section 9, Special
Sub-Grant Terms and Conditions; Paragraph 9.3.,Renewal of Contract; wishes to exercise its option to renew
the above-referenced contract for an additional twelve(12)months. The period of renewal will he from
August 27, 2012 through August 26, 2013.The total dollar amount of the renewal is$109,807.
It is understood and agreed that the Scope of Services and all terms and conditions of the original
contract shall remain the same during the contract renewal period. It is also understood and agreed that the total
amount of the obligation by the Purchasing Agency for the period,August 27,2012 through August 26,2013
shall not exceed$310,270.
Please print out three copies,have an authorized representative of your agency sign each in the space
provided, and return all three to this office within seven (7) business days. Please also work with your fiscal
staff to have the attached FFATA Subrecipient Required Data Form completed and returned along with the
signed contracts. Signature by an authorized representative will signify(1)acceptance of this letter of renewal;
and(2)agreement with the attached AmeriCorps State Program Funding Commitment Form.
Please contact Tina Turner at(804) 726-7065 if you have any questions.
Sincerely,
Fran Inge
Executive Director
Enclosure
Plitt
S01 East)lain Street Richmond,VA,23219-2901
http://wn.dss.,irginia.go• • (SO4)926-7000 • IDD 1-0OO-2N-1120
Page 2
AmeriCorps Letter of Renewal
September 17, 2012
City of Roanoke Public Libraries Commonwealth of Virginia
Computer Literacy Program Virginia Department of Social Services
By: By:
Title: Title:
FIN:
801 Fast Alain Street•Richmond,VA,23219-2901
htlp://wwx.dss.sirginiagos • 18041 726-7000 • MD 1-800-8M-1120
AmeriCorps State Program Funding Commitment Form
The Program Name City of Roanoke Libraries-Computer Literacy Program is committed to and
understands the following for the 2012-2013 program year:
1. Number of years receiving CNCS funds (not
including 2012-2013 Program Year)
2
2. Amount of MSY Awarded to subgrantee
8.27
3. Amount of CNCS funding awarded to subgrantee
109,807
4. Total dollar amount of match committed in budget
127,527
5. Total dollar amount of both CNCS and match
funding 2.3.7,334
6. Match percentage committed in final approved
budget 53.73%
7. Minimum required match percentage(based on
number of years) 24%
8. Total potential Education Award amount based on
MSY awarded 109,809
COMMONWEALTH of VIRGINIA .
DEPARTMENT OF SOCIAL SERVICES
CONTRACT MODIFICATION AGREEMENT
DATE: September 17, 2012
CONTRACT NO.: CVS-10-031-02
MODIFICATION NO.: 2
ISSUED BY: Commonwealth of Virginia
Department of Social Services
801 East Main Street
Richmond VA 23219-2901
CONTRACTOR: City of Roanoke Public Libraries
COMMODITY: 2012-2013 AmeriCorps Renewal Contracts
This Supplemental Agreement is entered into pursuant to the provision of the basic contract.
Description of Modification:
- The Virginia Department of Social Services (VDSS) is increasing funding for the period of
August 27, 2012 through August 26, 2013. The award for Program Year 2012-13 is being
increased by$13,183 from the previous year's amount, for a total award of$109,807.
Except for the changes provided herein, all other terms and conditions of the contract remain unchanged
and in full force and effect.
City of Roanoke Public Libraries Commonwealth of Virginia
Computer Literacy Program Virginia Department of Social Services
By: By:
Title: Title:
Date: Date:
801 East Main Street • Richmond VA • 23219-2901
http://www.dss.virginia.gov • 804-726-7000 • TDD 800-828-1120
W-9 REQUEST FOR TAXPAYER IDENTIFICATION NUMBER IS)AND CERTIFICATION
Each person or organization doing business with the Commonwealth of Virginia must provide the following
information. Please return this form in the enclosed envelope.
ORGANIZATION ENTITY: ❑Original Submission
Please provide reportable name where applicable. ❑Additional Address(see back of form)
❑Address Correction
Check Only One:
❑ Individual ❑ Sole Proprietor ❑Corporation
❑ Partnership ❑ Governmental ❑Trust
❑ Estate ❑ Other(Please Describe)
Social Security Number Employer Identification Number
and/or
ENTER THE FOLLOWING:
Legal Name
(Must match the Social Security Number. if applicable)
Trade Name
(Must match the Employer Identification Number, if applicable)
Payment Address: IRS 1099 Form
Mailing Address:
DUNS#
Contact Person: Phone Number: j ) -
Please respond to the following: (see back of form for definitions)
Are you a United States citizen? Yes❑ No❑
Is your organization tax exempt? Yes❑ No❑
Are you a Real Estate Agent? Yes❑ No❑
Are you a Minority-owned business? Yes❑ No❑
Are you a Woman-owned business? Yes❑ No ❑
Are you a Small business? Yes ❑ No ❑
Are you a Faith-Based Organization? Yes ❑ No ❑
If you are a Minority-owned business, please indicate the type of Minority:
❑African American ❑ Hispanic American ❑ Native American
❑Asian-Pacific Amencan ❑ Sub-Continent Asian American ❑ Other Minority
Are you registered with the Department of Minority Business Enterprise? ❑Yes ❑ No
If yes, enter certificate number:
Government Agencies,please respond to the following:
Are you (Please check one): ❑ Federal ❑State ❑ Local
If you are considered Local,what is your FIPS code?
Certification: Under penalties of perjury, I certify that.
1. The number(s) shown on this form is my correct taxpayer identification number(s) (or I am waiting for a
number to be issued to me).
2. The organization entity and all other information provided is accurate.
3. I am not subject to backup withholding either because I have not been notified that I am subject to backup
withholding because of a failure to report all interest or dividends, or the Internal Revenue Service has
notified me that I am no longer subject to backup withholding.
4. I am a U.S. person (including a U.S. resident alien).
(You must cross out item(3)above if you have been notified by the IRS that you are currently subject to backup
withholding because of underreporting interest or dividends on your tax return.)
Signature Date
Additional Address
If you have more than one shipping address and/or Purchase Order Address please list these
addresses on a separate sheet of paper and attach it to your W-9 form. Identify each type of
address as shipping or Purchase Order address. Please include your DUNS number for each site.
If you don't have a DUNS number you may obtain one by calling 1-888-814-1435.
Definitions:
• Small Business means a corporation, partnership, sole proprietorship or other legal entity formed for
the purpose of making a profit, which is independently owned and operated, and has fewer than 100
employees or less than $1,000,000 in annual gross receipts.
• Woman-owned Business means a business concern that is at least 51 percent owned by a non-
ethnic woman or women (a woman minority is considered a minority)who are U.S. citizens and who
also control and operate it. "Control"in this context means exercising the power to make policy
decisions. "Operate"in this context means being actively involved in the day-to-day management of
the business. "Ownership" in this context includes stock ownership. (Please note that when
reporting results, a business that is owned and operated by a minority woman will be reported
as a minority-owned business and a business that is owned and operated by a non-minority
woman will be reported as a woman-owned business.)
• Minority-owned Business means any business concern that is at least 51 percent owned by a
minority individual or individuals(who are U.S. citizens)who also control and operate it. "Control".
"Operate"and"Ownership" have the same meanings as mentioned above. "Minority" includes African
Americans, Hispanic Americans, Native Americans,Asian-Pacific Americans, Subcontinent-Asian
Americans, and other minorities. "Native Americans"include American Indians, Eskimos,Aleuts and
Native Hawaiians. "Asian-Pacific Americans" include U.S. citizens whose origins are in Japan, China,
the Philippines, Vietnam, Korea, Samoa, Guam, U.S. Trust Territory of the Pacific Islands(Republic
of Palau), Northern Marina Islands, Laos, Kampuchea(Cambodia), Taiwan, Burma, Thailand,
Malaysia, Indonesia, Singapore. Brunei, Republic of the Marshall Islands, or the Federated States of
Micronesia. 'Subcontinent-Asian Americans" include U.S. citizens whose origins are in India,
Pakistan, Bangladesh., Sri Lanka, Bhutan, or Nepal.
• Faith Based Organizations: If you consider yourself a Faith Based Organization,please
indicate on the front of the form in response to the question "Are you a Faith Based
Organization".
• Department of Minority Business Enterprise: If you have not registered with the Virginia
Department of Minority Business Enterprise, please do so at your earliest convenience. Additional
information may be obtained at their website, www.dmbe.state.va.us.
FFATA Subrecipient Required Data
This form must be completed, certified,and returned with the response to the RFP.
For VDSS Use Only—To be completed by Program Unit
1. Federal Award Identifier Number(FAIN)
•
2. Award Title
3. CFDA
4. Subaward Number
To be completed by Subawardee
5. Subawardee Legal Name
6. Data Universal Numbering System (DUNS)
— I
number-9 digits
7. Are you registered in the Central Contractor ❑Yes
Registration (CCR)?
If Yes, continue to question 8. If No, please go to ❑ No
question 9.
8. Is your registration CCR current and active? n Yes
If Yes,enter expiration date.
Expiration Date:
If No,continue to question 9. ❑ No
9. In your business or organization's previous fiscal
year,did your business or organization (including
parent organization,all branches, and all
affiliates worldwide) receive(1)80 percent or
more of your annual gross revenues in U.S.
federal contracts,subcontracts,loans,grants, ❑Yes
subgrants,and/or cooperative agreements; AND
(2)$25,000,000 or more in annual gross
revenues from U.S.federal contracts, ( No
subcontracts, loans,grants,subgrants,and/or
cooperative agreements?
If Yes, continue to question 10. If No, please go
to question 12.
10. Does the public have access to information about
the compensation of the executives through
periodic reports filed under section 13(a)or
15(d)of the Securities Exchange Act of 1934(15 I I Yes
U.S.C. 78m(a), 78o(d))or section 6104 of the
Internal Revenue Code of 1986? PTO determine if
the public has access to the compensation Li No
information,see the U.S.Security and Exchange
Commission total compensation filings at
www.sec.gov/answers/execomp.htm.)
If Yes,please go to question 12. If No, please
continue to question 11.
Division of Finance FFATA Reporting Unit Updated 10/18/11
032-06-0611-00-eng
11. List the names and total compensation of the Officer 1 Name:
top five highly compensated officers.
Total Compensation is the cash and noncash Officer 1 Compensation:
dollar value earned by the executive during the
preceding fiscal year and includes the Officer 2 Name:
following: salary and bonus;awards of stock,
stock options, and stock appreciation rights; Officer 2 Compensation:
earnings for services under non-equity
incentive plans;change in pension value, etc. Officer 3 Name:
(for more information see 17 CFR 229.402(c)
Officer 3 Compensation:
Note: State and local governments are exempt
from reporting executive compensation. Officer 4 Name:
Officer 4 Compensation:
I Officer 5 Name:
Officer 5 Compensation:
12. Awardee Street Address 1
13. Street Address 2
14. City
15. State
16. Zip+4
17. Congressional District
18. Place of Performance—primary site where the
work will be performed (POP)Awardee Street
Address 1
19. POP Street Address 2
20. POP City
21. POP State
22. POP Zip+4
23. POP Congressional District
Dun&Bradstreet website: http://www.dnb.com/us/
Central Contractor Registration website: https://www.bpn.gov/ccr
I certify that the above Subawardee information is correct,accurate,and will be maintained/updated
as required to keep registration current.
Name Title
Date
Division of Finance FFATA Reporting Unit Updated 10/18/11
032-06-0611-00-eng
0 CITY OF ROANOKE
1,w _.'_ OFFICE OF THE CITY CLERK
'✓✓, , - 215 Church Avenue,S.W., Suite 456
a=a Roanoke,Virginia 24011-1536
-'� Telephone: (540)853-2541
Fax: (540)853-1145
STEPHANIE M.MOON,MMC E-mail: elerk@roanokeva.gov JONATHAN E.CRAFT
City Clerk Deputy City Clerk
CECELIA T.WEBB
Assistant Deputy City Clerk
October 16, 2012
Dorothy M. Gillespie Foundation
c/o Gerald McCarthy, Board Member
7229 Willow Valley Road
Roanoke, Virginia 24018
Dear Mr. McCarthy:
I am enclosing copy of Resolution No. 39518-101512 accepting and expressing
appreciation for the donation of an untitled piece of art from the Dorothy M. Gillespie
Foundation for the Public Art Collection.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 15, 2012.
Sincerely,
C\S •
Stephanie M. Moon, MMC MC
City Clerk
Enclosure
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of October, 2012.
No. 39518-101512.
A RESOLUTION accepting and expressing appreciation for the donation of a untitled piece
of art from the Dorothy M. Gillespie Foundation for the Public Art Collection.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. This Council accepts and expresses its appreciation for the donation of this art to the
City from the Dorothy M.Gillespie Foundation for the Public Art Collection all as more particularly
described in the report of the City Manager, dated October 15,2012.
2. The City Clerk is directed to forward an attested copy of this resolution to Gerry
McCarthy, Board Member, Dorothy M. Gillespie Foundation.
ATTEST:
City Clerk.
K\MEASURESV DONATION OF SECOND MRCP OF ART WORK TO CITY FROM DOROTHY GILLESPIE FOUNDATION 10 2012 DOC
' CITY COUNCIL AGENDA REPORT
'2 C.t
To: Honorable Mayor and Members of City Council
Meeting: October 15, 2012
Subject: Donation of Art for the Public Art Collection from the Dorothy
Muriel Gillespie Foundation Inc.
Background:
Mr. Gerry McCarthy a board member of the Dorothy Muriel Gillespie Foundation Inc.
has generously approached the Roanoke Arts Commission (RAC) about donating a
second piece of Ms. Gillespie's work to the City of Roanoke. The first piece was
accepted by the City Council on July 2, 2012. The second, untitled piece, created in
2008 is enamel on aluminum. The piece measures 24" by 36" and is mounted in a
tray that is 2" deep. The Arts Commission has proposed to the Market Building
Foundation that both Gillespie works hang in the Roanoke City Market Building.
Ms. Gillespie was a native of Roanoke who has work in national and international
collections. She has a degree from the Maryland Institute College of Art, Baltimore,
MD 1941 ; and an honorary BFA from the Art Student's League, New York, NY. In her
career she has had close to 100 solo shows across the country. She received close to
a dozen awards including the Mayor's Certificate of Recognition and the Key to the
City from the City of Roanoke in 1977. She passed away at the age of 92 on
September 30, 2012 in Florida.
Considerations:
The Roanoke Arts Commission voted to recommend acceptance of the second work
on September 18, 2012. The work is currently valued at $7,500. Pursuant to City
Code, when the value of a gift, grant, devise or bequest is more than five thousand
dollars ($5,000), acceptance shall be by ordinance or resolution of the City Council.
The Arts Commission will work with the Market Building Foundation to choose an
appropriate location to display the two works once the second piece is accepted by
City Council.
Recommended Action:
Accept the donation of the art work from the Dorothy Muriel Gillespie Foundation Inc.
a ,k !ti
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community Development
Amy Moorefield, Chair Roanoke Arts Commission
Susan Jennings, Arts and Culture Coordinator
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of October, 2012.
No. 39519-101512.
A RESOLUTION authorizing execution of a Hold Harmless Agreement with Carilion
Property Management in connection with the use of 6 Riverside Parking Garage during the 2012
Roanoke GO Outside Festival.
BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby
authorized to execute, for and on behalf of the City, upon form approved by the City Attorney, the
Hold Harmless Agreement attached to the City Council Agenda Report dated October 15, 2012,
with Carilion Property Management, such Hold Harmless Agreement relating to the City's use of the
6 Riverside Parking Garage, from 6:00 p.m., on Friday, October 19, 2012,until 5:00 p.m., Sunday,
October 21, 2012, in connection with the Roanoke GO Outside Festival.
ATTEST:
*&tu‘e'
. b J
City Clerk. ll....
ono'
A 1
-s CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: October 15, 2012
Subject: Agreement Requiring City to Indemnify and Hold Harmless
Carilion Property Management
Background:
The City of Roanoke is hosting the Roanoke GO Outside Festival on
Friday, October 19, 2012, from 6:00 p.m. until Sunday, October 21 , 2012, at
5:00 p.m., at River's Edge Sports Complex. This annual event encourages
healthy, active outdoor recreation. By combining the things outdoor
enthusiasts love - camping, music, gear, races and demos, the Roanoke GO
Outside Festival is a celebration of everything outdoors. While various events
and races will take place throughout the region, Rivers Edge Sports Complex
North (Reserve Avenue) will serve as the festival headquarters. There will be
something to keep the citizens of all ages and interests engaged and
entertained
In order to have adequate parking for this event at Rivers Edge Sports Complex,
Carilion Property Management, owner of 6 Riverside Parking Garage, is
requiring the City of Roanoke to sign an Agreement for this purpose. The
agreement contains a provision requiring the City of Roanoke to indemnify and
hold Carilion Property Management harmless, and to defend it in the event
Carilion Property Management incurs any damages, or anything is damaged
during the City of Roanoke's use of the premises. An indemnification and hold
harmless provision constitutes a waiver of sovereign immunity, and any
contract containing such a provision must be authorized by City Council. The
City has requested that Carilion Property Management delete this provision;
however, Carillon Property Management has declined to do so.
Attached is a resolution which authorizes City Council to waive the City of
Roanoke's sovereign immunity for this purpose and to authorize the City
Manager to enter into an Agreement, such agreement to be approved as to
form by the City Attorney.
Considerations:
This Agreement would require the City of Roanoke to waive its sovereign
immunity for the purpose of and during the time of parking for the event at
Rivers Edge Sports Complex.
Recommended Action:
Approve the attached resolution and authorize the City Manager to execute the
Agreement.
aftelik 24:411
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
2
CARILION PROPERTY MANAGEMENT
HOLD HARMLESS AGREEMENT
Carilion Property Management agrees to allow the City of Roanoke use of the 6
Riverside Parking Garage for parking of patrons attending The Roanoke GO
Outside Festival starting Friday, October 19, 2012 at 6p.m. until Sunday,
October 21, 2012 at 5p.m.
This agreement may be rescinded or amended at any time by Carilion Property
Management.
The City of Roanoke agrees to indemnify and hold harmless Carilion Health
System and all its affiliated companies, including Carillon Property Management,
from any and all liabilities arising out of the use of the said parking garage. They
also agree to leave the parking garage in the same manner, as before occupancy
and if need arises to have parking garage cleaned due to their use, they will be
responsible for this cost. Security services will also be provided at these
locations during the event.
Carilion representative:
Title:
Date:
City of Roanoke:
Title:
Date:
of CITY OF ROANOKE
tA • • OFFICE OF THE CITY CLERK
215 Church Avenue,S.W., Suite 456
t Roanoke,Virginia 24011-1536
Telephone: (540)853-2541
Fax: (540)853-1145
STEPHANIE M.MOON,MMC E-mail: elerk@roano keva.gov JONATHAN E.CRAFT
City Clerk Deputy City Clerk
CECELIA T.WEBB
Assistant Deputy City Cleric
October 16, 2012
Cindy H. Poulton, Clerk
Roanoke City School Board
Roanoke, Virginia
Dear Ms. Poulton:
I am enclosing copy of Budget Ordinance No. 39520-101512 to appropriate funding
from the Federal and Commonwealth governments grants for various educational
programs, amending and reordaining certain sections of the 2012 - 2013 School Grant
Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 15, 2012, and is in full force and effect upon
its passage.
Sincerely, uyAn rn
Stephanie M. Moon, MMC
City Clerk
Enclosure
pc: Christopher P. Morrill, City Manager
Timothy R. Spencer, Acting City Attorney
Ann H. Shawver, Director of Finance
Amelia Merchant, Director, Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of October, 2012.
No. 39520-101512.
AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments
grants for various educational programs, amending and reordaining certain sections of the 2012-
2013 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
2012-2013 School Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
Stipends, Elementary 302-110-1101-0000-137G-61100-41129-2-01 $ 5,597
Stipends, Secondary 302-110-1101-0000-1370-61100-41129-3-01 5,597
Social Security, Elementary 302-110-1101-0000-137G-61100-42201-2-01 428
Social Security, Secondary 302-110-1101-0000-137G-61100-42201-3-01 428
Education Coordinators 302-110-0000-1070-316G-61100-41138-9-09 (14,164)
Retiree Health Credit 302-110-0000-1070-316G-61100-42200-9-09 300
Virginia Retirement System 302-110-0000-1070-316G-61100-42202-9-09 2,438
Health/Dental Insurance 302-110-0000-1070-316G-61100-42204-9-09 4,000
State Group Life Insurance 302-110-0000-1070-316G-61100-42205-9-09 800
Professional Development 302-110-0000-1070-316G-61100-45554-9-09 4,000
Mileage 302-110-0000-1070-316G-61100-45551-9-09 (5,000)
Indirect Costs 302-110-0000-1070-316G-61100-62000-9-09 (708)
Contracted Services—State 302-110-0000-1070-3160-61100-43313-9-09 125,000
Conference
Instructional Supplies 302-110-0000-1070-316G-61100-46614-9-09 (4,000)
Internet Services 302-110-0000-1070-316G-61100-43313-9-09 2,000
Technology 302-110-0000-1070-3160-61100-46650-9-09 (3,000)
Education Coordinators 302-110-0000-1000-3050-61100-41138-9-09 4,320
Retiree Health Credit 302-110-0000-1000-305G-61100-42200-9-09 350
Social Security/FICA 302-110-0000-1000-305G-61100-42201-9-09 331
Virginia Retirement System 302-110-0000-1000-305G-61100-42202-9-09 2,232
Health/Dental Insurance 302-110-0000-1000-3050-61100-42204-9-09 3,500
State Group Life Insurance 302-110-0000-1000-3050-61100-42205-9-09 200
Mileage 302-110-0000-1000-305G-61100-45551-9-09 (1,500)
Indirect Costs 302-110-0000-1000-305G-61100-45586-9-09 217
Instructional Supplies 302-110-0000-1000-305G-61100-46614-9-09 500
Technology 302-110-0000-1000-305G-61100-46650-9-09 (3,000)
Revenues
Federal Grant Receipts 302-000-0000-0000-137G-00000-38365-0-00 12,050
State Grant Receipts 302-000-0000-0000-316G-00000-32220-0-00 111,666
State Grant Receipts 302-000-0000-0000-3050-00000-32220-0-00 7,150
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
-Y,,., •City Clerk. r �J
raw groi
ROANOKE CITY
PUBLIC SCHOOLS
October 15, 2012 School Board
David B. Carson
The Honorable David Bowers, Mayor Chairman
and Members of Roanoke City Council
Roanoke, VA 24011 Todd A. Putney
Vice Chairman
Dear Members of Council: Mae G. Huff
As a result of official School Board action on Tuesday, October 9, 2012, Annette Lewis
Suzanne P. Moore
the Board respectfully requests City Council approve the following Lori E. Vaught
revised appropriations: Richard Willis
Dr. Rita D. Bishop
Revised Appropriation Additional Award Superintendent
Child Development Clinics 2012-13 $ 7,150 Cindy H. Poulton
Juvenile Detention Home 2012-13 111,666 Clerk of the Board
Title III-A Limited English Proficient 2012-13 12,050
The School Board appreciates your approval of the revised appropriations
as submitted.
Sincerely,
Cindy H. Poulton, Clerk
pc: Timothy Spencer Rita D. Bishop
Chris Morrill Curt Baker
Ann Shawver Margaret Lindsey
David B. Carson Acquenatta Harris (w/details)
p:540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke,VA 24031 www.rcps.info
A
310 Flo i
9J ' , CITY COUNCIL AGENDA REPORT
o 't.
To: Honorable Mayor and Members of City Council
Meeting: October 15, 2012
Subject: School Board Appropriation Request
Background:
As the result of official School Board action at its October 9th meeting, the Board
respectfully requested that City Council appropriate funding as outlined in this report.
The 2012-13 Title III-A Limited English Proficiency grant of $12,050 will provide
funding for services to students with limited English proficiency. The program will be
fully reimbursed by federal funds and will end September 30, 2014. This is a
continuing program.
The 201 2-1 3 Juvenile Detention Home program grant of $1 1 1 ,666 will provide funds
for the salary and expenses of educational coordinators at the Roanoke Valley Juvenile
Detention Center. This is the final award amount. The program will be fully reimbursed
by state funds and will end March 30, 2013. This is a continuing program.
The 201 2-1 3 Child Development Clinics program grant of $7,150 provides funds for
salary and expense of educational coordinators at the Care Connection and Carilion
Child Development Clinics operated by the Virginia Department of Health. This is
additional funding awarded by the Virginia Department of Education.The program will
be fully reimbursed by state funds and will end March 30, 2013. This is a continuing
program.
Recommended Action:
We recommend that you concur with this report of the School Board and adopt the
attached budget ordinance to establish revenue estimates and to appropriate funding
as outlined. (,�
ail/ -\904
AN H. HAWVER
Director of Finance
Distribution: Council Appointed Officers
Rita D. Bishop, Superintendent, RCPS
Curtis Baker, Deputy Superintendent for Operations, RCPS
of CITY OF ROANOKE
i } OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.,Suite 456
Roanoke,Virginia 24011-1536
~ -1 Telephone: (540)853-2541
Fax: (540)853-1145
STEPHANIE M.MOON,MMC E-mail: olerk@roanokeva.gov JONATHAN E.CRAFT
City Clerk Deputy City Clerk
CECELIA T.WEBB
Assistant Deputy City Clerk
October 19, 2012
Daniel J. Callaghan, Manager
City Attorney's Office
Roanoke, Virginia
Dear Mr. Callaghan:
I am enclosing copy of Resolution No. 39521-101512 electing and appointing you as
Manager of the City Attorney's Office effective October 17, 2012, and as City Attorney
for the City of Roanoke effective upon admission to the Virginia State Bar, and ratifying
the terms and conditions of employment offered to you.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 15, 2012.
ery
/\lam
Stephanie M. Moon, MMC
J City Clerk
Enclosure
pc: Christopher P. Morrill, City Manager
Timothy R. Spencer, Acting City Attorney
Ann H. Shawver, Director of Finance
Drew Harmon, Municipal Auditor
Carolyn Glover, Director, Human Resources
Jonathan E. Craft, Deputy City Clerk, File
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of October, 2012.
No. 39521-101512.
A RESOLUTION electing and appointing Daniel J. Callaghan as Manager of the City
Attorney's Office effective October 17, 2012, and as City Attorney for the City of Roanoke
effective upon his admission to the Virginia State Bar, and ratifying the terms and conditions
of employment offered to Mr. Callaghan.
WHEREAS, the City Council desires to elect and appoint Daniel J. Callaghan as
Manager of the City Attorney's Office effective October 17, 2012, and as City Attorney for
the City of Roanoke pursuant to the Roanoke Charter of 1952 effective upon his admission to
the Virginia State Bar; and
WHEREAS, Daniel J. Callaghan has agreed to accept election and appointment
Manager of the City Attorney's Office effective October 17, 2012, and as City Attorney
effective upon his admission to the Virginia State Bar;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. Daniel J. Callaghan is hereby elected and appointed Manager of the City
Attorney's Office effective October 17, 2012, and as City Attorney effective upon his
admission to the Virginia State Bar, or as soon thereafter as Mr. Callaghan can assume such
position, for a term which shall expire September 30, 2014.
2. The terms and conditions of Mr. Callaghan's election and appointment as
Manager of the City Attorney's Office and as City Attorney shall be as hereinafter set forth:
(a) The annual salary shall be $150,000 payable bi-weekly;
(b) After completion of six months employment, the City shall pay
on behalf of Mr. Callaghan as deferred compensation the sum of
$2,000 each quarter to the City's deferred compensation plan for
Mr. Callaghan's participation in said deferred compensation
plan, and the City shall execute any necessary agreements to
provide for such payment, During the first year of employment,
such amount shall be prorated based on the number of weeks
actually worked.
(c) Mr. Callaghan will be eligible, as a full time employee, to
participate in the Roanoke Pension Plan in accordance with the
terms of that plan;
(d) Recognizing that the job requirements of City Attorney
routinely require incurring of travel related expenses in the
course of City business, an annual salary increment of$2,500
shall be provided for use by Mr. Callaghan of a privately-owned
or leased automobile in the conduct of official City business;
(e) Unless the City provides Mr. Callaghan with a cell phone, the
City will provide Mr. Callaghan with a monthly stipend, pro-
rated for partial months, consistent with City policies to help
off-set charges associated with use of his personal cell phone;
(f) Mr. Callaghan shall start his employment with one week (40
hours) of paid leave and thereafter shall accrue paid leave at the
rate of an employee who has completed one full year of service
with the City. Thereafter, accrual and use of paid leave will be
in accordance with City policy;
(g) Mr. Callaghan shall accrue extended illness leave at a rate of six
(6) hours per month and such extended illness leave may be
used in accordance with City policy;
(h) Mr. Callaghan will be eligible, as a full time employee, to
participate in the City's group medical and dental plan. The
City shall pay the employer's portion of the premium;
(i) The City will put into force on Mr. Callaghan's behalf a
disability insurance policy consistent with that available to the
City Manager and other Council appointed officers;
(j) Under the City's group life insurance policies, Mr. Callaghan
will be provided base coverage equal to two times his annual
salary and coverage for accidental death equal to four times his
annual salary;
(k) Mr. Callaghan shall receive reimbursement for one interview
trip to Roanoke and reimbursement for two (2) house-hunting
and resettlement trip expenses;
(1) After being admitted to the Virginia State Bar, the City shall
reimburse Mr. Callaghan for moving expenses in accordance
with the terms of the offer letter dated July 13, 2012.
Reimbursement will be handled through the City's payroll;
(m) The City will reimburse Mr. Callaghan or the City will pay
directly, the sum of$750.00 paid to the Virginia Board of Bar
Examiners as part of the fee associated with Mr. Callaghan's
application for admission to the Virginia State Bar;
(n) The City will reimburse Mr. Callaghan or the City will pay
directly, all direct expenses that Mr. Callaghan incurs while
performing duties on behalf of the City, such reimbursement
shall be in accordance the City policy;
(o) The City will reimburse Mr. Callaghan or the City will pay
directly, Mr. Callaghan's annual dues associated with his
membership in the Virginia State Bar, Roanoke City Bar
Association and such other appropriate associations;
(p) Mr. Callaghan will be eligible to use funds made available to the
City Attorney's Office to attend training, continuing legal
education, and other professional activities. As City Attorney,
Mr. Callaghan will have control over the use of these funds to
ensure that all members of the staff maintain their requirements
for licensing on an annual basis;
(q) If the employment of Mr. Callaghan is terminated at any time
for reasons other than"good cause" as defined in the offer letter
dated July 13, 2012,the City shall pay a severance in an amount
equal to six(6)months salary. This severance shall be paid over
six (6) months on the City's regular payroll cycle and will
include all benefits;
K:OFFICE TRAN99ONAESO4IDON APPOIMMG DAN CALLAGHAN DOC
(r) With respect to benefits and terms and conditions of
employment not enumerated in this resolution, Mr. Callaghan
shall be accorded such benefits and shall be subject to such
terms and conditions on the same basis as other similarly
situated employees of the City;
(s) The City will indemnify and hold Mr. Callaghan harmless for
any and all loses, including all court costs, attorney fees and
other expenses of defense, for any and all claims,demands,suits
or judgments arising out of or related to any act or omission Mr.
Callaghan is alleged to have committed if, at the time of the act
or omission, Mr. Callaghan is acting within the scope of his
employment provided there is no evidence of malice or bad
faith.
3. Mr. Callaghan will make arrangements to qualify for office by taking the
required Oath of Office as soon as practicable.
ATTEST:
City Clerk.
K,OFFICEIRANSI9ONRFSOLUIION APPOINTING DAN CALLAGHAN DOC
•
„ CITY OF ROANOKE
I1 : OFFICE OF THE CITY CLERK
- 215 Church Avenue,S.W.,Suite 456
- " ; . =- Roanoke,Virginia 24011-1536
't Telephone: (540)853-2541
Fax: (540)853-1145
STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT
City Clerk Deputy City Clerk
CECELIA T.WEBB
Assistant Deputy City Clerk
October 16, 2012
Donald J. Borut, Executive Director
National League of Cities
1301 Pennsylvania Avenue, N. W.
Washington, District of Columbia 20004-1763
Dear Mr. Borut:
I am enclosing copy of Resolution No. 39522-101512 designating The Honorable Anita
Price, Council Member, as Voting Delegate for the Annual Business Meeting of the
National League of Cities Conference to be held on December 1, 2012, in Boston,
Massachusetts.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 15, 2012.
Sincerely,
Stephanie M. Moon, MMC
City Clerk
Enclosure
6145
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of October, 2012.
No. 39522-101512.
A RESOLUTION designating a Voting Delegate for the Annual Business Meeting of the
National League of Cities.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. For the National League of Cities Conference to be held on December 1, 2012 in
Boston, Massachusetts, and any Business Meetings in connection with such Conference, The
Honorable Anita Price, Council Member,is hereby designated Voting Delegate on behalf of the City
of Roanoke,Virginia.
2. Stephanie Moon, City Clerk, is directed to take any action required by the National
League of Cities with respect to certification of the City's official Voting Delegate.
1L�ATTEST: y),,
City Clerk.
K:\Measures\National League of Cities Voting Rep 2012.doc
NATIONAL
LEAGUE
of CITIES al@
CREDENTIALS FORM
NATIONAL LEAGUE OF CITIES • 2012 CONGRESS OF CITIES AND EXPOSITION• BOSTON, MASSACHUSETTS
At the Annual Business Meeting on Saturday, December 1, 2012, from 2:30 p.m. to 4:30 p.m., each direct member city of the National League of Cities
(NLC) is entitled to cast from one to 20 votes based upon the city's population per the 2010 census, through its designated voting delegate. Please
indicate below your city and state,your voting delegate and alternate(s), and sign and date the form. The form should be faxed to NLC at 202-626-3109,
by the October 30, 2012, deadline.
The official voting delegate and alternate(s) for the city/town/village of: FOR OFFICE USE ONLY
(DO NOT WRITE IN THIS SPACE)
Roanoke, VA (2) Voting card issued to:
VOTING DELEGATE: (signature)
Votes'. (2)
1. NAME: The Honorable Anita J. Price
1 2 3
TITLE Council Member
ALTERNATE VOTING DELEGATE(S):
2. NAME: TITLE:
3. NAME: TITLE:
PLEASE SIGN AND FAX THIS FORM TO NLC BY OCTOBER 30, 2012
ATTENTION:MAE DAVIS,MEMBER RELATIONS REPRESENTATIVE
,yFAX: 202-626-3109 `-
Signature(city representative):` / a�-�J - , /IILMi
Title: City Clerk Date: October 16, 2012
NATIONAL 2012 Of(km
LEAGUE President First Vice President Second Vice President Immediate Past President
Td errs Male Lopez Rapeu Orris Cohan lams E.Mikhd,Jr.
of CITI ES Mayor Mayor Mary Coca Member ExemfiveDiretter
81dhm,lama Avondale,Arizona Seim Pad,MJmemta Charlotte,North Carolina Donald J.Baut
August 30, 2012
Stephanie M. Moon
City Clerk
City of Roanoke
215 Church Ave, SW Rm.456
Roanoke,VA 24011
Dear City Clerk Moon:
The National League of Cities(NLC)Annual Business Meeting will be held on Saturday, December I,
2012,at the conclusion of the Congress of Cities and Exposition in Boston, Massachusetts. As a direct
member city,your city is entitled to vote at this meeting. Based on population as of the 2010 Census,
each member city casts between one and twenty votes. The number of votes for each population range
can be found below.
POPULATION VOTES POPULATION VOTES
Under 50,000 I vote 500,000-599,999 12 votes
50,000—99,999 2 votes 600,000—699,999 14 votes
100,000— 199,999 4 votes 700,000—799,999 16 votes
200,000—299,999 6 votes 800,000—899,999 18 votes
300,000-399,999 8 votes 900,000 and above 20 votes
400,000—499,999 10 votes
To be eligible to cast a city's vote, a voting delegate and alternate must be officially designated by the city
using the enclosed credentials form. This form will be forwarded to NLC's Credentials Committee. NLC
bylaws expressly prohibit voting by proxy. City elected officials should be made aware of this request so
that decisions can be made as to who will be the voting delegate and alternate(s).
At the Congress of Cities,the voting delegate must pick up and sign for the city's voting card at the
Credentials Booth before the Annual Business Meeting and must be present at the Annual Business
Meeting to cast the city's vote. The Credentials Booth will be open during scheduled times throughout
the Congress of Cities and Exposition.
Please return the completed form to NLC by fax(202-626-3109) before October 31,2012,and keep
the original for your files. If you have any questions, please contact Mae Davis, Member Relations
Representative at mdavis€,nle.org or 202-626-3150; or contact Gail Remy, Director of Member Relations
at remy(nlc.org, or 202-626-3026.
Thank youu,U,,"/
Donald J. Borut
Executive Director
1301 Pennsylvania Ave.,NYC Wasmnu,on_DC 2000- •63 r 202-626-3000 I Fax: 202-6163043 I ry W V nrcn.n
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Reanoke,Virginia 24011 -1536
Telephone: (540)953 -2541
N. (540)853 -1145
n..nvib dw4(tli- nnnnLmm nm
8'IT:PIIANIP: M. MOON lil ?VNOLDti, MM('
City ('lerk
The Honorable Sherman A. Holland
Commissioner of the Revenue
Roanoke, Virginia
Dear Mr. Holland and Ms. Powers:
March 7, 2016
CECEI.IA F. MCCOY
Deputy City Clerk
CECELIA 1'. WEBB, CMC
Assistant Deputy City Clerk
The Honorable Evelyn W. Powers
City Treasurer
Roanoke, Virginia
I am forwarding an attested copy of Ordinance No. 39523 - 101512, which has been
properly executed by Roanoke Valley Swimming, Inc., for purposes of assessment and
collection of the service charge established by this Ordinance.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Daniel Summerlin, III, Secretary, Roanoke Valley Swimming, Inc., P. O. Box
4646, Roanoke, Virginia 24015 -0646
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Susan Lower, Director, Real Estate Valuation
R.B. Lawhorn, Budget Administrator, Management and Budget
Daniel Summerlin, Vice - President
Roanoke Valley Swimming, Inc.
P.O. Box 4646
Roanoke, Virginia 24015
Dear Mr. Summerlin:
I am enclosing copy of Ordinance No. 39523- 101512 exempting from real estate
taxation property located at 1130 Overland Road, S. W., owned by Roanoke Valley
Swimming, Inc., if by such time a copy, duly executed by an authorized officer of the
Applicant, has been filed with the City Clerk.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 15, 2012, and is in full force and effect on
January 1, 2013.
Sincerely,
Q_rx..4.. a) a'.'�
Stephanie M. Moon, MMC
City Clerk
Enclosure
pc: The Honorable Sherman Holland, Commissioner of the Revenue
The Honorable Evelyn Powers, City Treasurer
Christopher P. Morrill, City Manager
Timothy R. Spencer, Acting City Attorney
Susan Lower, Director, Real Estate Valuation
R. B. Lawhorn, Budget Analyst
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
-
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540)853 -1145
STEPHANIE M. MOON, MMC
E -ma0: elerk@roanokeva . gov
JONATHAN E. CRAFT
City Clerk
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
October 16, 2012
Daniel Summerlin, Vice - President
Roanoke Valley Swimming, Inc.
P.O. Box 4646
Roanoke, Virginia 24015
Dear Mr. Summerlin:
I am enclosing copy of Ordinance No. 39523- 101512 exempting from real estate
taxation property located at 1130 Overland Road, S. W., owned by Roanoke Valley
Swimming, Inc., if by such time a copy, duly executed by an authorized officer of the
Applicant, has been filed with the City Clerk.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 15, 2012, and is in full force and effect on
January 1, 2013.
Sincerely,
Q_rx..4.. a) a'.'�
Stephanie M. Moon, MMC
City Clerk
Enclosure
pc: The Honorable Sherman Holland, Commissioner of the Revenue
The Honorable Evelyn Powers, City Treasurer
Christopher P. Morrill, City Manager
Timothy R. Spencer, Acting City Attorney
Susan Lower, Director, Real Estate Valuation
R. B. Lawhorn, Budget Analyst
I l
4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of October, 2012.
No. 39523- 101512.
AN ORDINANCE exempting from real estate property taxation certain property of
Roanoke Valley Swimming, Inc,, located in the City of Roanoke, an organization devoted
exclusively to charitable or benevolent purposes on a non -profit basis; providing for an effective
date; and dispensing with the second reading by title of this ordinance.
WHEREAS, Roanoke Valley Swimming, Inc. (hereinafter "the Applicant "), has
petitioned this Council to exempt certain real property of the Applicant from taxation pursuant to
Article X, Section 6(a)(6) of the Constitution of Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity to be heard with
respect to the Applicant's petition was held by Council on October 15, 2012;
WHEREAS, the provisions of subsection B of Section 58.1 -3651, Code of Virginia
(1950), as amended, have been examined and considered by the Council;
WHEREAS, the Applicant agrees that the real property to be exempt from taxation is
certain real estate, including the land and any building located thereon, identified by Roanoke
City Tax Map No. 1380103, commonly known as 1130 Overland Road (the "Property "), and
owned by the Applicant, and providing that the Property shall be used by the Applicant
exclusively for charitable or benevolent purposes on a non -profit basis; and
WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has
voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20 %)
of the City of Roanoke's real estate tax levy, which would be applicable to the Property were the
Property not exempt from such taxation, for so long as the Property is exempted from such
taxation.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
X Weasores \tu exempt Roanoke Valley Swimming Prcpt t doc
1. Council classifies and designates Roanoke Valley Swimming, Inc., as a charitable
or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution
of Virginia, and hereby exempts from real estate taxation certain real estate, identified by
Roanoke City Tax Map No. 1380103, commonly known as 1130 Overland Road, S.W., and
owned by the Applicant, which property is used exclusively for charitable or benevolent
purposes on a non -profit basis; continuance of this exemption shall be contingent on the
continued use of the property in accordance with the purposes which the Applicant bas
designated in this Ordinance.
2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to
pay to the City of Roanoke real estate tax levy, on or before October 5 of each year a service
charge in an amount equal to twenty (20 %) percent of the City of Roanoke's real estate tax levy,
for so long as the Property is exempted from such taxation.
3. This Ordinance shall be in full force and effect on January 1, 2013, if by such
time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City
Clerk,
4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is
properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer
for purposes of assessment and collection, respectively, of the service charge established by this
Ordinance, and to Dan Summerlin, Vice - President, and the authorized agent of Roanoke Valley
Swimming, Inc.
S. Pursuant to Section 12 of the City Charier, the second reading of this ordinance
by title is hereby dispensed with.
ATTEST:
A True Capy TOO*
�City Clerk.
K WmurosUv cxomM Roanoke Ve Tty Swimming Pm, doc
ACCEPTED, AGREED TO AND EXECUTED by Roanoke Valley Swimming, Inc.,
this day of 12012.
Roanoke Valley Swimming, Inc,
By V'
01 iY u rttr l PVI'
Printed Name and Title
K1 eamres \ux exempt Roanoke Valley Swimming Propty doc
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: October 15, 2012
Subject: Tax Exemption Request - Roanoke Valley Swimming, Inc
Background:
Roanoke Valley Swimming, Inc. (RVSI), a Virginia, non- stock, not for profit
corporation owns certain real property known as tax map # 1380103 located at
1 130 Overland Road, SW, Roanoke. The organization desires the property to be
designated as exempt from real estate taxes pursuant to the provisions of the
Code of Virginia. The primary purpose of the organization is to provide the
public a year round aquatic facility in the City of Roanoke offering instructional
programs for people of all ages regardless of race, age, sex, or socioeconomic
background. At present, annual real estate taxes due on the parcel are $8,165,
on a total assessed value of $686,100. It should be noted that RVSI leased the
underlying real property from the City for a period of twenty years for $1.00 per
year until 2011. All improvements contained on the property were constructed
and maintained solely at the expense of RVSI during the lease period. On
December 30, 2011, RVSI purchased the property from the City for $10.00.
Considerations:
On May 19, 2003, City Council approved a revised policy and procedure in
connection with requests from non - profit organizations for tax exemption of
certain property in the City by Resolution 36331-051903, with an effective date
of January 1, 2003. Based on this policy and procedure, Roanoke Valley
Swimming, Inc., has provided the necessary information required for
applications for exemptions that would take effect January 1, 2013.
As noted above, the assessed value of the real property at 1 130 Overland Road
is currently $686,100, with annual taxes due of $8,165. The organization is
current on its taxes.
In lieu of the $8,165 in real estate taxes, the organization would agree to pay to
the City an annual service charge equal to twenty percent of the tax levy on the
parcel for as long as the exemption continues. In this case, based on the
current assessed value, the service charge amount would be $1,633.
Consequently, the City would currently be foregoing $6,532 in annual real
estate revenue.
The Commissioner of the Revenue, Sherman Holland, has determined that
Roanoke Valley Swimming, Inc. is currently not exempt from paying real estate
taxes by classification or designation under the Code of Virginia. The IRS
recognizes the organization as a 501(c)(3) tax - exempt organization.
Notification of a public hearing to be held October 15, 2012, was duly
advertised in the Roanoke Times.
Recommended Action
Authorize Roanoke Valley Swimming, Inc.`s exemption from real estate taxation
pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective
January 1, 2013, if the organization agrees to pay the subject service charge on
the real estate by that date.
--------------------------
Christopher P. Morrill
City Manager
Distribution: Honorable Sherman A. Holland, Commissioner of the Revenue
Honorable Evelyn W. Powers, City Treasurer
Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Assistant City Manager for Operations
Amelia C. Merchant, Director of Management and Budget
Susan S. Lower, Director of Real Estate Valuation
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
------------------ ------------------------- - - - - -- ----------------- - - - - --
ROANOKE VALLEY SWIMING, INC.
ROANOKE VALLEY SWIMMING, INC.
P.O. BOX 4646
ROANOKE VA 24015
REFERENCE: 83929591
13127273 NPH- Roanoke Valley S
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 inia. Sworn and subscribed betore me this
*1Qay of October 2012 Witness my hand and
official seal.
Notary Public
` „Oy �P LAYAr/gti �• ��
PUBLISHED ON: 10/05
] :
WICE OF PUBIC
BFAOIBC
TOTAL COST: 197.20 �iVO(Jl ^1E Phi
FILED ON: 10/10/12 -
-------------------------------------------------- -----------------------
Authorized(
Signature: (InA, Billing Services Representative
x<
NOTICE OF PUBLIC HEARING
Notice is hereby given thatthe City Council ofthe City of Roanokewill hold a public hearing
at its regular meeting to be held on October 15, 2012, commencing at 7:00 p.m., in the Council
Chambers, 4" Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,
Virginia, on the question of adoption of an ordinance pursuant to §58.1 -3651, Code of Virginia
(1950), as amended, approving the request of Roanoke Valley Swimming, Inc., for designation of its
real property as exempt from taxation.
The assessed value of the applicant's real property located at 1130 Overland Road, and
known as Tax Map No. 1380103, is currently $686,100 and real estate taxes of $8,165 were paid in
the most recent year. The loss of revenue will be $6,532 annually after a 20% service charge is levied
in lieu of real estate taxes.
Citizens shall have the opportunity to be heard and express their opinions on this matter.
If you are a person with a disability who needs accommodations for this public hearing,
contact the City Clerk's Office, 853 -2541, by 12:00 noon on Thursday, October 11, 2012.
GIVEN under my hand this 1stday of October , 201 z .
K \ff SVRES IkXEXPMPTPIINOTICE¢OMOKEVPWAY SWIMMING OOC
Stephanie M. Moon, City Clerk.
Note to Publisher:
Please publish once in The Roanoke Times on Friday, October 5,2012.
Send Publisher's Affidavit Send Bill to:
Stephanie M. Moon, MMC Daniel Summerlin
City Clerk Vice-President
215 Church Avenue, S.W. Roanoke Valley Swimming, Inc.
Suite 456 P.O. Box 4646
Roanoke, Virginia 24011 Roanoke, Virginia 24015
(540) 853-2541 (540) 983-7546
K%NOI r]SA2M1➢IXTORIRW I'II-TAX I XI MIT-ROANORI!VAI I1 Y SWIMMING DOC
•
DEPARTMENT OF MANAGEMENT & BUDGET
Noel C. Municipal unitlp al Building
215 Church Avenue,SW, Room 354
Roanoke,Virginia 24011
ROANOKE 540.8516800 fax: 540.853.2773
October 5, 2012
Mr. Daniel C. Summerlin
Vice President
Roanoke Valley Swimming, Inc.
C/o Wood Rogers PLC
P. O. Box 14125
Roanoke, VA 24038-4125
Dear Mr. Summerlin:
Roanoke Valley Swimming, Inc. filed a petition in the City Clerk's Office
on July 12, 2012 requesting exemption from taxation on real property
located at 1139 Overland Road, SW. The real property is identified as tax
map number 1380103.
Pursuant to the requirements of the Virginia Code, the City of Roanoke is
required to hold a public hearing if it wishes to consider a petition for a
tax exemption. At a regular session of the Roanoke City Council held on
Monday, October 1 , 2012, the Council approved a request of the City
Manager to hold a public hearing on Monday, October 15, 2012, at 7:00
p.m., or as soon thereafter as the matter may be heard, to receive citizen
comments on the request. Notices of a public hearing with regard to the
matter will be published in the Roanoke Times. Your organization will be
billed for the amount incurred for publishing the notices.
I am forwarding you an initial draft copy of a Council Report dated
October 15, 2012, from the City Manager's Office addressed to the Mayor
and Members of City Council regarding the petition. Although we are
recommending authorization for exemption from real estate taxation on
the property, please be advised that the final decision with regard to the
exemption rests with City Council. Council will also consider citizen
comments from the public hearing. It is suggested that a representative
from the organization be present at the public hearing on October 15th
to respond to questions that may be raised regarding the petition. The
session will be held in the City Council Chambers, Room 450, fourth
floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. You
may wish to register with City Clerk staff at the desk outside Council
Chambers immediately prior to the public hearing.
If you have any questions regarding this information, please feel free to
call me at 540-853-1643.
Sincerely,
(Dat4141Indf.
R. B. Lawhorn, Jr.
Budget/Management Analyst
Department of Management and Budget
Enclosure
c: Stephanie M. Moon, City Clerk
WOODS ROGERS
A T T O R N E Y S A T L A W
DANIEL C.S(IMMERLLN
(540)983-7546
summerlin@woodsrogers.com
August 31,2012
VIA HAND DELIVERY
Mr.R.B. Lawhom,Jr.
City of Roanoke
Department of Management and Budget
215 Church Avenue,Suite 357
Roanoke,VA 24011
Re: Petition of Roanoke Valley Swimming,Inc.
Dear R,B.:
Please find enclosed the revised Petition of Roanoke Valley Swimming,Inc. requesting
that the Roanoke City Council adopt an ordinance exempting its real property from taxation.
Please let me know if you need any additional information.
Sincerely,
WOOODD ER GERS LC
Daniel C. umm in
DCS/mnf
Enclosure
P.O.•
Box 141x5/Roanoke,Virginia 24038-4125
(#1542243-1,999-999) 10 South Jefferson Soeet,Suite 1400
(540)983-7600/Fax(540)983-7711
Offices also in Charlottesville,Danville and Richmond,Virginia
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
RE; PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN
PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6)OF THE
CONSTITUTION OF VIRGINIA
TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF
ROANOKE:
la. Your Petitioner, Roanoke Valley Swimming, Inc.
a Virginia,non-stock,not for profit corporation owns certainreal property,
located at Itan nverlana Rind in the Citypf Roanoke, Virginia,
which property is City of Roanoke Tax Map ID f 8 O l O4ith a total
assessed value of in and a total of$ 8. 1 6 4 . 5 9n real
property taxes that were paid or would have been paid in the most recent
year,desires to be an organization designated pursuant to the provisions of
Sec. 58.1-3651,of the Code of Virginia,as amended, in order that the
referenced real property,to be used exclusively for charitable and
benevolent purposes in
providing the public a year rnnnd aanatic facility
in the City of Roanoke offering instructional
programs for people of all ages regardless of
race, age, sex or socio-economic background .
�t (Describe proposed use of real property,if applicable.)
be exempt from taxation under the provisions of Article X, Section 6
(a)(6)of the Constitution of Virginia so long as your Petitioner is operated
not for profit and the property so exempted is used in accordance with the
purpose for which the Petitioner is classified.
(if requesting exemption for personal property,complete section l.b)
lb. Your Petitioner,
a Virginia,non-stock,not for profit corporation owns certain personal
property, located at in the City of Roanoke,
Virginia, with a total assessed value of$ and a total of
$ in personal property taxes that were paid or would have been
paid in the most recent year, desires to be an organization designated
pursuant to the provisions of Sec.58.1-3651,of the Code of Virginia,as
amended, in order that the referenced personal property,to be used
exclusively for charitable and benevolent purposes in
(Describe proposed use ofpersonal property,if applicable.)
1
•
be exempt from taxation under the provisions of Article X,Section 6
(a)(6)of the Constitution of Virginia so long as your Petitioner is operated
not for profit and the property so exempted is used in accordance with the
purpose for which the Petitioner is classified.
2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge
in an amount equal to twenty percent(20%)of the City of Roanoke tax levy,
which would be applicable to this real estate,were our organization not be tax
exempt,for as long as this exemption continues.
3. Your Petitioner, if located within a service district,agrees to pay to the City of
Roanoke an annual service charge equal to the additional service district tax
that would be levied for as long as this exemption continues.
4. Your Petitioner agrees to provide information to the Director of Real Estate
Valuation upon request to allow a triennial review of the tax exempt status of
your Petitioner.
The following questions are submitted for consideration:
• 1. (Q): Whether the organization is exempt from taxation
pursuant to Section 501 (c) of the Internal Revenue Code of
1954.
(A): Your Petitioner was granted exemption from
taxation pursuant to Section 501 (c)of the Internal Revenue
Code of 1954 on 2000
2. (Q): Whether a current alcoholic beverage license for
serving alcoholic beverages has been issued by the Alcohol
Beverage Control Board to such organization for use on
such property.
(A): No
3. (Q): Whether any director,officer or employee of the
organization has been paid compensation in excess of a
reasonable allowance for salaries or other compensation for
personal services which such director, officer or employee
actually renders.
(A): No
4. (Q): Whether any part of the net earnings of such
organization inures to the benefit of any individual,and
whether any significant portion of the service provided by
2
such organization is generated by funds received from
donations,contributions or,local,state or federal grants.
As used in this subsection,donations shall include the
providing of personal services or the contribution of in-kind
or other material services.
(A): No
5. (Q): Whether the organization provides services for the
common good of the public.
(A): Your Petitioner provides services for the common
good of the public in as much as it provides the public
a year round acquatic £nfedia h pu& &serttae)
City of Roanoke offering instructional
progiams or people of all ages regardless
of race , age, sex or socio—economic background .
6. (Q): Whether a substantial part of the activities of the
organization involves carrying on propaganda,or otherwise
attempting to influence legislation and whether the
organization participates in,or intervenes in,any political
campaign on behalf of any candidate for public office.
(A): No
O (Q): Whether any rule,regulation,policy or practice of
the organization discriminates on the basis of religious
conviction, race,color,sox or national origin.
(A): No
8. (Q): Whether there is a significant revenue impact to the
locality and its taxpayers of exempting the property.
(A): impart wm,id he fh_ S11 67 net
significant revenue in light of City
budget ,
9. (Q): Any other criteria,facts and circumstances,which
the governing body deems pertinent to the adoption of such
ordinance.
(A):
(Provide as necessary).
Note: All Tax Exemption Petitions must be filed with the City
Clerk's Office.
3
THEREFORE,your Petitioner, Roanoke Valley Swimming, I,nc.
respectfully requests to the Council of the City of Roanoke that this real or
personal property,or both,of your Petitioner be designated exempt from
taxation so long as your Petitioner is operated not for profit and the
property so exempt is used for the particular purposes of providing
the public a year round aquatic facility in the
City of Roanoke otff�,pfe��ring ,,$$insstrusectional programs
for sex or socio ecnioontrnackgrootnc of race , age
Rwectfplly submitting this
31 day ,2011. &?-1 r ] 1
By. ` Juro/nLl'i'J
�jfQ�-President
4
Exempt Organizations Select Check Page 1 of 1
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54-1221444 Molnsen Child EnWopnent Center Inc Roanoke VA United Slates PC
54-1244759 Ronald McDonald House CharNes of Son, edugnb Inc Roanoke VA United Slays PC
54-1244423 The Rice Foundation Inc. Roanoke VA United Slates PF
54-1254407 Marian Manor Inc. Roanoke VA Unite Sluts PC
54-1267355 Roanoke Vocational ECUaton Foundation Inc Roanoke VA United Stales PC
54-1324540 Roanoke Valley Mime Lae In Roanoke VA United States PC
54-1335170 Roanoke Valley Yount Soccer Club Inc Roanoke - VA Unied Slates PC' "'
54-1356758 The league Of Roanoke Artists Roanoke VA United Sane PC
64-134 2212 Goodwill of he Vekya Foundation Inc. Roanoke VA Unwed Sites SOUNK
54-1364967 The Roanoke Appalachian Tall Club Inc. Roanoke VA United Slates PC
54-1403528 Roanoke Valley Coalitional Tong Substance Pause Carp Roanoke VA Milled Stabs PC
54-1459250 Apple Ridgy Farm Ircapotaled Roanoke VA tinned Slates PC
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54-1483424 Roanoke Valley Presenet oondakn Roanoke VA United Stales PC
541472693 Summer Ernchmont Program Inc. Roanoke VA United Sates PC
54-1474023 Roanoke County Fin&Resale DepeNmnt Roanoke VA United Sales PC
541479125 Valor Cemnunka5om Inc. Roanoke VA United states PG
54-1480256 Southwest VUgraa Woodman of ode Ykdd Fraternal Program Inc. Roanoke VA United states EC LODGE
54-1500181 NOInle Anneua5pons Ina Roanoke VA Unied Slates PC
54-1503260 Roanoke Emergent Men,'S13 Inc. Roanoke VA Urged Sates pC
541504288 Bode Ridge independent Using Center Inn Roanoke VA United Slates PC
54-1518806 Betary Ha Inc Roanoke VA United Bales PC
54-1538252 Roanoke Valley Fiddle end Banjo Club Roanoke VA United States PC
54-1541714 Conga Resolution Center Inc. Roanoke VA, United Stales PC
• s Rev 1151-1751 Next•
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02012 IRS
http://apps.irs.gov/app/eos/pub78Search.do?indexOfFirstRow=150&exemptTypeCode=&i... 8/31/2012
tA - CITY OF ROANOKE
`� - OFFICE OF THE CITY CLERK
-II .g 215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540)853-2541
Fax: (540)853-1145
STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT
City Clerk Deputy City Clerk
CECELIA T.WEBB
July 16, 2012 Assistant Deputy City Clerk
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, May 19, 2003, Resolution No. 36331 -051903 was adopted with regard
to a new policy and procedure for processing requests from non-profit
organizations to have property exempted from taxation, pursuant to Article X,
Section 6(a)(6), Constitution of Virginia, and repealing Resolution No. 36148-
120202 adopted on December 2, 2002.
I am attaching copy of a petition, which was filed in the City Clerk's Office on
July 12, 2012, by Daniel C. Summerlin, Attorney, representing Roanoke Valley
Swimming, Inc., a Virginia non-stock, not-for-profit corporation, requesting
exemption from taxation of real property located at 1130 Overland Road, S. W.,
identified as Official Tax No. 1380101A, pursuant to Section 58.1 -3651 , Code
of Virginia (1950), as amended.
Petitions forwarded by the City Clerk to the City Manager by April 15 for
evaluation and recommendation to City Council will have an effective date of
July 1st. Petitions forwarded by October 15th will have an effective date of
January 1st.
Sincerely,
Stephanie Moon, MM
City Clerk
SMM:ew
Attachment
Christopher P. Morrill
July 16, 2012
Page 2
pc: Daniel C. Summerlin, Attorney, Woods Rogers PLC, P. O. Box 14125,
Roanoke, Virginia 24038-4125
The Honorable Sherman A. Holland, Commissioner of the Revenue
Timothy R. Spencer, Acting City Attorney
Susan S. Lower, Director, Real Estate Valuation
R. B. Lawhorn, Budget Management Analyst, Office of Management and
Budget
COMMISSIONER OF THE REVENUE
CITY OF ROANOKE
SHERMAN A.HOLLAND
Commissioner
7'Y ,�, GREGORY DpNIERSON
\l+ot°(11,Chiel EMERSON
April 10, 2012
Mr. Dan Summerlin
Vice President
Roanoke Valley Swimming,Inc.
PO Box 4646
Roanoke,VA 24015
Re: Exemption of property located at 1130 Overland Road, SW
Parcel No. 1380103
Dear Mr. Summerlin:
We received your letter dated April 9, 2012 requesting tax exemption from real
estate taxes from the City of Roanoke on the above captioned property. The above parcel
is currently being taxed by the City of Roanoke for real estate taxes for the 2011-12 tax
year. Based on the information submitted, this property is not eligible for exemption by
classification or designation. However, you may contact the City Clerk's Office at (540)
853-2541 for information on applying for an exemption for non-profit organizations
through City Council.
Should you have any additional questions please do not hesitate to call.
Sincerely,
Sherman A. Holland
Commissioner of the Revenue EXTENT
SAH/jec
Cc: Stephanie Moon,City Clerk
R.B. Lawhorn,Dept. of Management and Budget
215 Church Avenue SW,Room 251 * Roanoke,Virginia 24011
WOODS ROGERS
A `f' P"D R 35'-P�Y' "s--�A T L A W
DANIEL C.Summelu.IN
(540)983-9546
summer'in @woodsrogers.com
July 11, 2012
VIA HAND DELIVERY
Stephanie Moon, Clerk
City of Roanoke
215 Church Avenue, Room 451
Roanoke, VA 24011
Re: Petition of Roanoke Valley Swimming, Inc.
Dear Ms. Moon:
Please find enclosed the Petition of Roanoke Valley Swimming, Inc. requesting that the
Roanoke City Council adopt an ordinance exempting its real property from taxation.
Please let me know if you need any additional information.
Sincerely,
WOODS ROGERS P
Daniel C. Summerlin
DCS/mnf
Enclosure
it
P.O.Box 14125/Roanoke,Virginia 2403 8-41 25
/#1542243-1,999-9991 10 South Jefferson Street,Suite 1400
(540)983-7600/Fax(540)983-7711
Offices also in Charlottesville,Danville and Richmond,Virginia
09(1
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of October, 2012.
No. 39524-101512.
AN ORDINANCE authorizing the City Manager to execute the necessary documents providing
for the conveyance of a parcel of City-owned property, being approximately 17.5 acres, located at 2051
Blue Hills Drive, N.E., Roanoke, Virginia, designated as Roanoke City Official Tax Map No.7230108, to
Roanoke Cooperative Association, Ltd., d/b/a Roanoke Natural Foods Co-op, upon certain terms and
conditions; and dispensing with the second reading of this ordinance.
WHEREAS, a public hearing was held on October 15, 2012, pursuant to §§15.2-1800 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.
THEREFORE, 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, the necessary documents providing for the conveyance of a parcel of
City-owned property, being approximately 17.5 acres, located at 2051 Blue Hills Drive, N.E., Roanoke,
Virginia, which is part of the Roanoke Centre for Industry and Technology, and designated as Roanoke
City Official Tax Map No. 7230108, to Roanoke Cooperative Association, Ltd., d/b/a Roanoke Natural
Foods Co-op, for the purchase price of S30,000, upon certain terms and conditions, and as more
particularly stated in the City Council Agenda Report dated October 15, 2012.
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:ES y�
Lt ' —City Clerk• ' ' 1"Uv✓
0-Convey 2051 Blue Hills Dr,NE.TM7230108 to Roanoke Natural Foods Coropl 0-15-2012.doc v
Pt IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of October, 2012.
No. 39525-101512.
AN ORDINANCE authorizing the City Manager to execute a lease
agreement with Roanoke Cooperative Association, Ltd., d/b/a Roanoke Natural
Foods Co-op ("Co-op"), for the lease of approximately 7.36 acres of City-owned
property located at 1970 Blue Hills Drive, N.E., Roanoke, Virginia, designated as
Roanoke City Official Tax Map No. 7230104; and dispensing with the second
reading of this ordinance by title.
WHEREAS, a public hearing was held on October 15, 2012, pursuant to
§§15.2-1800 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 the proposed lease.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. The City Manager and the City Clerk are hereby authorized, to
execute and attest, respectively, in a form approved by the City Attorney, a lease
agreement with Roanoke Cooperative Association, Ltd., d/b/a Roanoke Natural
Foods Co-op, to lease approximately 7.36 acres of City-owned property located at
1970 Blue Hills Drive, N.E., Roanoke, Virginia, designated as Roanoke City
Official Tax Map No. 7230104, to be used by the ("Co-op") to establish and
operate an urban farm to provide locally grown produce, for a term of five years,
at an annual rental of$100 per year, upon certain terms and conditions, and as
more particularly described in the City Council Agenda Report dated October 15,
2012.
0-Lease-Roanoke Natural Foods Co-op 10-15-2012_doc
2. Further, the Co-op shall have the option to purchase the property
for $30,000 at any time prior to the expiration of the term of the lease.
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: 111r
1 lerW,
City Clerk.
0-Lease-Roanoke Natural Foods Co op10-15-2012.doc 2
oiar�ii
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: October 15, 2012
Subject: Public Hearing Authorizing a Contract for the Sale of a City-
Owned Property Located at 2051 Blue Hills Drive, NE, Identified
as Tax Map No. 7230108
Background:
Roanoke Cooperative Association, Ltd., commonly known as the Roanoke
Natural Foods Co-op ("Co-op"), desires to establish and operate an urban farm
to provide locally-grown produce. No such operations exist in Roanoke. Since
fall 2011 , City staff has worked with the Co-op to identify properties in the City
to support such an operation. A surplus property located within the Roanoke
Centre for Industry and Technology (RCIT) has been identified as an appropriate
location for the farm operation.
The site proposed for sale is a 17.5 acre parcel (Tax Map No. 7230108, known
as Heritage Point) that is occupied by two buildings. The site has a large
detention pond for stormwater management that handles the drainage for a
portion of RCIT. The site, known as Heritage Point, has a barn that was gifted
to the City for use by the mounted patrol program. The program was
discontinued and the barn is no longer needed by the City. The site also
contains a cabin constructed circa 1830, which is in severe disrepair. The Co-
op had a restoration expert assess the cabin, who determined it can be restored
and placed into productive use. This parcel is not subject to the restrictive
covenants in place at RCIT.
The Co-op proposal indicates the property would be used for row crops,
gardens, greenhouses, fruit trees, and nut trees. Chickens would be pastured
on the property for egg production. The barn would be used as the center of
the operation. The Co-op has indicated a desire to restore the cabin and use it
in the operation, possibly as a residence for an on-site farm manager.
The property has multiple legal and physical encumbrances that limit or
preclude its usefulness for other commercial or industrial development:
• A stormwater detention pond occupies about one-third of the site. The City
will need to establish a maintenance easement on this facility.
• Multiple drainage and sanitary sewer easements traverse the property.
• The parcel has an irregular shape due to the routing of the adjacent right-
of-way of Blue Hills Drive.
• Access is currently provided by an unimproved gravel road.
The proposed purchase price is $30,000, based on the existing encumbrances
on the land and in consideration of the condition of the cabin. The sales
contract acknowledges that the property is being sold at a significant discount.
The contract provides that this discount—equal to the assessed value of the
buildings today, minus the purchase amount—would be recaptured by the City
if the property is sold within ten years of the closing date. This recapture
amount is reduced by 10 percent of the original amount each year over the
term of the contract.
A public hearing is required to consider a contract for sale of the property.
Recommended Action:
Absent comments at the public hearing needing further consideration, approve
the terms of the Sales Contract between the City and Roanoke Cooperative
Association, Ltd., as set forth in the attachment to this report.
Authorize the City Manager to execute such Sales Contract between the City
and Roanoke Cooperative Association, Ltd., substantially similar to the one
attached to this report, and to execute such other documents and to take such
further actions as may be necessary to sell the property and to implement,
administer, and enforce such Sales Contract, with the form of such Contract
and any other documents to be approved by the City Attorney.
C . P. .2z,:a
Christopher P. Morrill
City Manager
Distribution: R. Brian Townsend, Assistant City Manager for Community Development
Christopher L. Chittum, Planning Administrator
Robert B. Ledger, Manager, Economic Development
Cassandra L. Turner, Economic Development Specialist
2
DRAFT-9/27/12
CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY
This Contract For Purchase and Sale of Real Property (Contract) is dated this
day of , 2012, by and between the City of Roanoke, Virginia, a
Virginia municipal corporation ("Seller" or "City"), and Roanoke Cooperative Association, Ltd.,
d/b/a Roanoke Natural Foods Co-op, a Virginia corporation ("Buyer"),
RECITALS:
WHEREAS, Seller is desirous of selling certain real property, including the buildings
located thereon that consist of a cabin ("Cabin"), and the horse barn ("Horse Barn"), containing
17.482 acres, more or less, known as Tax Map No. 7230108, located at the Roanoke Centre for
Industry and Technology ("RCIT"), also known as Heritage Point, designated as Tract H, as
shown on the plat entitled "Plat of Survey Subdividing Tract 1 (73.308 Acres) (Map Book 1,
Pages 2875-76) Property of the City of Roanoke, Virginia (D.B. 1610, Pg. 205) Creating Hereon
Tract 1-A (49.417 Acres) and Tract H (17. 482 Acres) and Dedicating a 5.959 AC. Parcel for the
Right of Way of Blue Hills Drive, N.E. Extension and Dedicating a 0.123 AC. Parcel and a
0.327 AC. Parcel for the Right of Way of Mason Mill Road, N.E. Situated at the Terminus of
Blue Hills Drive, N.E." dated March 7, 2006, on record in the Clerk of Circuit Court's Office
for the City of Roanoke, Virginia, in Book I, Page 2967, which plat is incorporated herein,
(`Property") to Buyer, and Buyer is desirous of acquiring such Property upon the terms and
conditions set forth below.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
herein set forth, including the above recitals which are incorporated herein, and other good and
valuable consideration, the receipt and sufficiency of which is acknowledged by the parties
hereto, Seller and Buyer agree as follows:
SECTION 1. DEFINITIONS.
Unless the context otherwise specifies or requires, for the purpose of this Contract, the following
terms shall have the meanings set forth in this Section:
Closinp_ The consummation of this Contract by Seller's delivery of a Deed to the Property to
the Buyer.
Closing Date: The date provided for in Section 13 hereof for the Closing.
Contemplated Use: The proposed use of the Property shall be development of the Property by
the Buyer for the purpose of establishing, operating, and thereafter maintaining a commercial
urban farm to be used in connection with Buyer's retail business.
contract-Co-op-I I act H RCIT.doc I
Days: Unless otherwise stated, this term means consecutive calendar days.
Improvements: Any and all improvements, and all appurtenances thereto, located on the
Property at the time of Closing, including the Horse Barn and Cabin.
Property: The real property, consisting of 17.482 acres, more or less, including the
improvements located thereon known as the Horse Barn and Cabin, such property known as
Roanoke City Tax Map No. 7230108, known as Tract H, and Heritage Point, located at RCIT, as
further described in the recitals cited above, and the plat which is incorporated by reference.
Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be
issued by a Title Company.
Title Company: Any nationally recognized title insurance company acceptable to Buyer.
SECTION 2. PURCHASE AND SALE OF PROPERTY.
A. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property
from Seller, upon all the terms, covenants, and conditions set forth in this Contract.
B. The purchase price for the Property ("Purchase Price") shall be Thirty Thousand and
no/100 Dollars ($30,000) payable in cash or certified check from Buyer to Seller at
Closing.
SECTION 3. CONDITIONS FOR COMPLETION OF CONTRACT.
A. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to
perform any obligations provided for in this Contract, the Seller, as of the Closing, shall
have complied with the Seller's representations and warranties in Section 12 of this
Contract, and the fulfillment to the Buyer's reasonable satisfaction of the Seller's
delivery to Buyer on the Closing Date of title to the Property and other documents as
prescribed in Section 13. As a condition precedent to Seller's obligation to sell the
Property or otherwise perform any obligations provided for in this Contract, the Buyer, as
of the Closing, shall have complied with the Buyer's obligations, representations, and
warranties in this Contract. Seller's obligation to sell the Property is further subject to
Roanoke City Council approving this transaction.
B. Buyer and/or Seller may, at any time on or before the Closing Date, at its election, waive
in writing any of the other party's conditions precedent referenced in this Section 3, and
Buyer's and Seller's consummation of the transaction on the Closing Date shall waive all
such conditions precedent.
C. In the event Closing has not occurred through no fault of the Seller on or before the
Closing Date, the Seller, at its sole election, by written notice given to the Buyer, may
terminate this Contract. Seller, at its sole option, may also by written notice to Buyer
give Buyer an additional amount of time from the Closing Date in which to deliver the
Purchase Price and proceed with Closing. If Closing has not occurred within such
contact-Co-op-Tract H RCIT.doe 2
additional time period through no fault of the Seller, the Seller shall provide written
notice to Buyer of default, and give Buyer seven (7) days to cure such default by Closing
on the Property. In the event Buyer still has not Closed on the Property within such 7 day
period, this Contract shall automatically be terminated without any further action. If
Closing has not occurred by the Closing Date due to the fault of Seller, Seller agrees to
give Seller seven (7) additional days to close. In the event of any termination as set forth
above, this Contract shall be deemed terminated and of no further force and effect.
D. Buyer shall have thirty (30) days after the date of this Contract to complete Buyer's due
diligence review of the Property (Due Diligence Period) and determine if there are any
environmental, geotechnical, title problems, engineering, land use, or other issues with
the Property that would prevent the use of the Property. Should Buyer reasonably
determine during such Due Diligence Period that the Property cannot be used by the
Buyer due to environmental, geotechnical, engineering, or title problems, the Buyer shall
notify the Seller in writing as soon as possible, but in no event not later than five (5)
calendar days after the end of such Due Diligence Period, of Buyer's decision to
terminate the Contract for such reason. In such case, this Contract shall thereupon be
terminated and of no further force and effect, unless Seller and Buyer mutually agree to
modify this Contract to address any such issues. The parties may shorten the length of the
Due Diligence Period to accommodate a sooner Closing, upon mutual agreement.
E. In connection with the Buyer's ability to conduct its Due Diligence review mentioned
above and to allow storage of Buyer's personal property and other equipment used in
connection with Buyer's business and the development of the Property by Buyer, the
Seller hereby grants to Buyer, its officers, agents, employees, contractors, subcontractors,
licensees, designees, representatives, and consultants, a revocable right to enter upon the
Property at any time during the Due Diligence Period, upon two (2) working days prior
written notice to the Seller, in order to survey, make test borings, and carry out such other
examinations, exploratory work, or settings as may be necessary to complete a Phase I
and Phase II Environmental Assessments, or geotechnical assessments, or nondestructive
engineering evaluations of the Property, and to store Buyer's property and equipment,
upon the following terms and conditions:
1. If the Buyer exceeds its rights granted under this Section or fails to obtain and
maintain the insurance required by this Section 3, the Seller may immediately
revoke this right of entry.
2. Buyer agrees to be responsible for any and all damages resulting from the activity
or activities of Buyer, its officers, agents, employees, contractors, subcontractors,
licensees, designees, representatives and consultants, on the Property in the
exercise of the rights granted under this Section 3. Buyer shall, at its sole cost,
promptly and fully restore any land disturbed by the exercise of the rights under
this Section 3 to a condition equal to that existing immediately prior to entry on
the Property and to restore any part of the Building that Seller determines was
substantially damaged by Buyer's actions.
3. Buyer agrees and binds itself and its successors and assigns to indemnify, keep
and hold the Seller and its officers, agents, employees, volunteers, and
representatives free and harmless from any and all liability, claims, causes of
contract-Co-op-tract H RCIT.doc 3
action, costs and damages of any type, including attorney's fees, on account of
any injury or damage of any type to any person or property growing out of or
directly or indirectly resulting from any act or omission of Buyer in connection
with this right of entry, including, but not limited to, Buyer's use of the Property
in violation of any provision of this Contract, claims relating to the storage of
property by Buyer on the Property, or the exercise of any right or privilege
granted by or under this Section 3. In the event that any suit or proceeding shall
be brought against the Seller or any of its officers, employees, agents, volunteers,
or representatives, at law or in equity, either independently or jointly with Buyer,
its officers, agents, employees, contractors, subcontractors, licensees, designees,
representatives and consultants, on account thereof, Buyer, upon notice given to it
by the Seller or any of its officers, employees, agents, volunteers or
representatives will pay all costs of defending the Seller or any of its officers,
employees, agents, volunteers or representatives in any such action or other
proceeding. In the event of any settlement or any fmal judgment being awarded
against the Seller or any of its officers, employees, agents, volunteers or
representatives, either independently or jointly with Buyer, its officers, agents,
employees, contractors, subcontractors, licensees, designees, representatives and
consultants, then Buyer will pay such settlement or judgment in full or will
comply with such order or decree, pay all costs and expenses of whatsoever
nature, including attorney's fees, and hold the Seller or any of its officers,
employees, agents, volunteers or representatives harmless therefrom.
4. Buyer shall, at its sole expense, obtain and maintain, or have its contractors or
representatives obtain and maintain, the insurance set forth below. Any required
insurance shall be effective prior to the beginning of any work or other
performance by Buyer under Section 3. The following policies and coverages are
required:
(i) Commercial General Liability. Commercial General Liability insurance,
written on an occurrence basis, shall insure against all claims, loss, cost,
damage, expense or liability from loss of life or damage or injury to
persons or property arising out of Buyer's acts or omissions. The
minimum limits of liability for this coverage shall be $1,000,000
combined single limit for any one occurrence.
(ii) Contractual Liability. Broad form Contractual Liability insurance shall
include the indemnification obligation set forth above.
(iii) Workers' Compensation. Workers' Compensation insurance covering
Buyer's statutory obligation under the laws of the Commonwealth of
Virginia and Employer's Liability insurance shall be maintained for all its
employees engaged in work under this Section 3. Minimum limits of
liability for Employer's Liability shall be $100,000 bodily injury by
accident each occurrence; $500,000 bodily injury by disease(policy limit);
and $100,000 bodily injury by disease (each employee). With respect to
Workers' Compensation coverage, the insurance company shall waive
rights of subrogation against the Seller, its officers, employees, agents,
volunteers and representatives.
contract-Co-op-Tract H ROT.doc 4
(iv) Automobile Liability. The minimum limit of liability for Automobile
Liability Insurance shall be $1,000,000 combined single limit applicable
to owned or non-owned vehicles used in the performance of any work
under this Section 3 and shall be written on an
occurrence basis.
5. The insurance coverages and amounts set forth above may be met by an umbrella
liability policy following the form of the underlying primary coverage in a
minimum amount of$1,000,000. Should an umbrella liability insurance coverage
policy be used, such coverage shall be accompanied by a certificate of
endorsement stating that it applies to the specific policy numbers indicated for the
insurance providing the coverages required by this section, and it is further agreed
that such statement shall be made a part of the certificate of insurance furnished
by Buyer to the Seller.
6. All insurance shall also meet the following requirements; unless otherwise agreed
to by the City's Risk Manager:
(i) Buyer shall furnish the Seller a certificate or certificates of insurance
showing the type, amount, effective dates and date of expiration of the
policies. All such insurance shall be primary and noncontributory to any
insurance or self-insurance the Seller may have. Certificates of insurance
shall include any insurance deductibles.
(ii) The required certificate or certificates of insurance shall include
substantially the following statement: "The insurance covered by this
certificate shall not be canceled or materially altered, except after thirty
(30) days written notice has been provided to the Risk Management
Officer for the City of Roanoke."
(iii) The required certificate or certificates of insurance shall name the City of
Roanoke, its officers, employees, agents, volunteers, and representatives
as additional insureds.
(iv) Where waiver of subrogation is required with respect to any policy of
insurance required under this Section 3, such waiver shall be specified on
the certificate of insurance.
(v) Insurance coverage shall be in a form and with an insurance company
approved by the Seller, which approval shall not be withheld
unreasonably. Any insurance company providing coverage under Section
3 shall be authorized to do business in the Commonwealth of Virginia.
7. Any equipment or property stored by Buyer on the Property pursuant to this right
of entry, before Closing, shall be at Buyer's sole risk. Buyer hereby releases,
indemnifies and holds the Seller, its, agents, employees, and assigns, harmless
contract-Co-op-Imo H RC] doe 5
against any loss or damage, whether to persons or property, relating to the loss or
damage of such property, whether such loss or damage is intentional or
unintentional, negligent, or otherwise unless such loss or damage is caused by the
willful misconduct or gross negligence of Seller. Buyer acknowledges that Seller
shall not provide any security for such property, or take any action to guard
against vandalism or theft.
F. Upon the request of Seller, Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives and consultants, shall within a
reasonable period of time after receipt of any preliminary or final survey, test results or
conclusory reports and opinion statements, deliver copies of same to Seller. If Seller so
requests, Buyer shall also turn over copies of raw data obtained and any laboratory and
observation reports or analyses. Such copies of all the above shall be provided to Seller
without charge.
G. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees,
representatives and consultants, shall at all times during performance of the Contract,
comply with all applicable federal, state, and local laws, rules, and regulations. Buyer, its
officers, agents, employees, contractors, subcontractors, licensees, designees,
representatives and consultants, prior to exercising any rights under Section 3, shall
obtain, at their cost, any and all required permits and/or licenses for any such work.
SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS.
A. Seller agrees that it will do the following:
1. Seller agrees to sell to Buyer the real property designated herein as the Property,
as described above, known as Tract H, located at RCIT in the City of Roanoke,
and known as Roanoke Tax Map No. 7230108, containing 17. 5 acres, more or
less.
2. Seller will deliver to the Buyer a Special Warranty deed at Closing in accordance
with the terms of this Contract.
B. Buyer agrees and promises that it will do and/or has done the following:
1. Buyer will purchase the Property from the Seller for the Purchase Price of Thirty
Thousand and no/100 Dollars ($30,000) and will make payment in accordance
with the terms of this Contract.
2. Buyer acknowledges that Buyer has received a copy of the Survey entitled "Plat
of Survey Subdividing Tract 1 (73.308 Acres) (Map Book 1, Pages 2875-76)
Property of the City of Roanoke, Virginia (D.B. 1610, Pg. 205) Creating Hereon
Tract 1-A (49.417 Acres) and Tract H (17. 482 Acres) and Dedicating a 5.959
AC. Parcel for the Right of Way of Blue Hills Drive, N.E. Extension and
contractCoop-hact H RCIT.doc 6
Dedicating a 0.123 AC. Parcel and a 0.327 AC. Parcel for the Right of Way of
Mason Mill Road, N.E. Situated at the Terminus of Blue Hills Drive, N.E.° dated
March 7, 2006, on record in the Clerk of Circuit Court's Office for the City of
Roanoke, Virginia, in Book I, Page 2967. Acceptance of the deed by Buyer
constitutes Buyer's acknowledgement that it is an accurate survey.
3. Buyer acknowledges and agrees that Seller makes no representations or
warranties with respect to the Property, including but not limited to, the
environmental, title, engineering, geophysical condition of the Property or
otherwise, other than what is contained within this Contract.
4. The Buyer agrees that the conditions and obligations of the Buyer under this
Contract are conditions and obligations that shall be incorporated either
directly or by reference in any deed to the Property from the Seller to the
Buyer, shall survive Closing, and shall be binding on Buyer's successors and
assigns.
5. Buyer agrees that Buyer is taking the Property, including the Horse Barn and
Cabin, in an AS IS, WHERE IS, condition without any warranties or
representations from Seller, and that Buyer has had and shall have sufficient
opportunities to fully examine the Property, including the Horse Barn and Cabin,
and that the Buyer shall comply with all environmental and other applicable laws,
rules, regulations and ordinances in renovating the Building, including the laws,
rules, regulations, and ordinances regarding asbestos and lead paint.
6. Buyer shall promptly pay for all advertising costs and any related fees or costs
connected with this Contract and/or the sale of the Property, including, but not
limited to, costs for any advertisement of required public hearing(s). However,
the amount of Buyer's advertising costs associated with such public hearing(s)
will not exceed $400.00. Such payments shall be made directly to the entity
providing the advertising or other service, or to the City, as the City may direct.
Provided, that in the event such advertising costs exceed $400.00, the Seller
agrees to pay the difference.
SECTION 5. COMPLIANCE WITH LAWS.
Buyer agrees to and shall comply with all applicable federal, state, and local laws, ordinances,
and regulations, including all applicable licensing requirements during the parties' performance
of the Contract. Buyer further agrees that Buyer does not, and shall not during the performance
of this Contract, knowingly employ an unauthorized alien as defined in the federal Immigration
Reform and Control Act of 1986.
SECTION 6. NONDISCRIMINATION.
A. During the performance or term of this Contract and with respect to the development and
operation of the Property, Buyer agrees as follows:
contract-Co-op-Tract H RCl r auc 7
i. Buyer will not discriminate against any employee or applicant for employment
because of race, religion, color, sex, national origin, age, disability, or any other
basis prohibited by state law relating to discrimination in employment, except
where there is a bona fide occupational qualification reasonably necessary to the
normal operation of Buyer. Buyer agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting forth the provisions
of this nondiscrimination clause.
ii. Buyer in all solicitations or advertisements for employees placed by or on behalf
of Buyer will state Buyer is an equal opportunity employer.
iii. Notices, advertisements and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
Buyer will include the provisions of the foregoing Section A (i, ii, and iii) in every subcontract or
purchase order of over$10,000, so that the provisions will be binding upon each subcontractor or
vendor.
SECTION 7. ASSIGNMENT.
Buyer agrees not to assign or transfer any part of this Contract without the prior written consent
of the Seller, which will not be unreasonably withheld, and any such assignment shall not relieve
Buyer from any of its obligations under this Contract.
SECTION 8. INDEMNITY.
Buyer agrees to indemnify and hold harmless the Seller and its officers, directors, and employees
free and harmless for and from any and all claims, causes of action, damages or any liability of
any type, including reasonable attorney's fees, on account of any claims by or any injury or
damage to any persons or property growing out of or directly or indirectly resulting or arising in
any way out of any actions, omissions, or activities of Buyer or its agents, employees,
contractors, or representatives arising out of or connected in any way to any of the matters
involved in this Contract or any performance thereunder.
SECTION 9. FORUM SELECTION AND CHOICE OF LAW.
By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent
jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke,
Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of
Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and
that all claims, disputes and other matters shall be decided only by such court according to the
laws of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to
assert in any such action, suit or proceeding, that it is not personally subject to the jurisdiction of
such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the
venue of the action, suit or proceeding, is improper.
contract-Co-op-1 mct H RCn.doc 8
SECTION 10. EASEMENTS.
The Property shall be conveyed with all rights , easements and restrictions of record, including
the easements reserved to the City of Roanoke for the purpose of reserving a stormwater
management facility. Such reserved easements are as shown on the plat designated "Plat showing
new variable width stormwater management easement, 20' stormwater access easement, & 25' public
drainage easement, located on Tract FI, M.B. PG. 2966-2967, Property of City of Roanoke, VA, D.B.1610,
PG. 205, Roanoke, Virginia" attached hereto as Exhibit A, which plat shall be recorded in the Clerk of
Circuit Court's Office for the City of Roanoke, Virginia, upon recordation of the deed conveying the
Property.
SECTION 11. APPROPRIATION OF FUNDS.
All obligations or funding undertaken by the Seller in connection with this Contract are subject
to the availability of funds and the appropriation of such funds by City Council as may be
necessary for such obligations or funding.
SECTION 12. COVENANTS AND WARRANTIES.
A. In addition to any representations and warranties contained elsewhere in this Contract,
Seller warrants and represents that Seller will, in accordance with this Contract, convey
title to the Property in an AS IS, WHERE IS. condition and subject to any items of
record.
B. The Seller further represents and warrants with respect to the Property that:
Title. Seller has title to the Property subject to any restrictions of record. Seller is
the sole owner of the Property.
2. Condemnation. Seller has no knowledge of any pending or threatened
proceedings for condemnation or the exercise of the right of eminent domain as to
any part of the Property or the limiting or denying of any right of access thereto.
3. Hazardous Materials. Seller makes no warranties or representatives of any type
regarding hazardous materials of any type.
4. No Leases. There are no leases of the Property.
5. Access. (i) Ingress to and egress from the Property is available and provided by
public streets dedicated to the City of Roanoke; and (ii) all roads bounding the
Property are public roads dedicated to the City of Roanoke.
SECTION 13. TITLE AND CLOSING.
A. Title to the Property, in accordance with the Survey, shall be conveyed by Seller to Buyer
by Special Warranty Deed in an AS IS, WHERE IS, condition (the "Deed") subject to
the following:
contract-Co-op-Tract H RCn'.doc 9
1. Ad valorem real property taxes for the current year, not yet due and payable;
2. Those matters of title to which Buyer has not objected to in writing;
3. Those matters reflected on the Survey to which Buyer has not objected to in
writing;
4. Easements and other restrictions of record as of the date of execution of this
Contract by Seller;
5. Liens and objections shown on the Title Commitment;
6. Other customary and usual exceptions not adversely affecting title; and
7. Those items and matters set forth in this Contract and that the obligations and
undertakings of the Buyer in this Contract shall survive Closing and be
incorporated into the Deed. All of the foregoing exceptions are herein referred to
collectively as the"Conditions of Title."
B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness
on the Closing Date of the Title Company to issue, upon payment of its normal premium,
to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (the "Title Policy")
insuring Buyer in the amount of the Purchase Price in respect to the Property and that title
to the Property is vested in Buyer subject only to the Conditions of Title.
C. Buyer and Seller shall consummate and complete the closing of this transaction on or
before October 31, 2012, with the specific Closing date being designated by Buyer in
writing to Seller at least seven(7) business days in advance thereof (the"Closing Date").
D. The purchase and sale of the Property shall be closed (the "Closing") at 10:00 A.M. on
the Closing Date in the Office of the City Attorney, or at such other location, date, and
time as shall be approved by Buyer and Seller.
On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the
following documents:
a) Its duly executed and acknowledged Special Warranty Deed conveying to
Buyer the Property in accordance with the provisions of this Contract;
b) A mechanic's lien affidavit executed by a representative of Seller,
satisfactory to the Title Company, and to the effect that no work has been
performed on the Property by Seller in the one hundred twenty-five (125)
days immediately preceding the Closing Date that could result in a
mechanic's lien claim, or, if such work has been performed, it has been
paid for in full;
c) Such evidence and documents including, without limitation, a certified
copy of the ordinance adopted by the Seller, as may reasonably be
required by the Title Company evidencing the authority of the person(s)
contract-co-op-Traci H acir-a"c 10
executing the various documents on behalf of Seller in connection with its
sale of the Property;
d) A duly executed counterpart of a Closing Statement; and
e) Any other items required to be delivered pursuant to this Contract.
E. At Closing, real property taxes (if any) shall be prorated with Buyer being responsible for
all periods thereafter.
F. Buyer shall pay for (i) the cost of all investigations of the Property including but not
limited to examination of title and title insurance premiums for issuance of the Title
Policy; (ii) all attorney's fees and expenses incurred by legal counsel to Buyer; and (iii)
any Grantee's tax and recording costs required to be paid in connection with the recording
of the Deed.
G. Seller shall pay the Grantor's tax, if any, and the expenses of legal counsel for Seller, if
any.
H. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date,
subject to the provisions of this Contract .
SECTION 14. CONDEMNATION.
Seller has no actual knowledge of any pending or threatened condemnation of the Property.
However, if, after the date hereof and prior to the Closing Date, all or any part of Property is
subjected to a bona fide threat of condemnation or condemned or taken by a body having the
power of eminent domain or a transfer in lieu of condemnation, Buyer shall be promptly notified
thereof in writing and within twenty (20) days after receipt of written notice to Buyer, Buyer
may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which
event all parties shall be relieved and released of and from any further duties, obligations, rights,
or liabilities hereunder, except that Buyer's Deposit, if any, shall be promptly refunded to Buyer
and thereupon this Contract shall deemed terminated and of no further force and effect. If no
such election is made by the Buyer to cancel this Contract, this Contract shall remain in full force
and effect and the purchase contemplated herein, less any interest taken by condemnation or
eminent domain, shall be effected with no further adjustments, and upon the Closing Date, Seller
shall assign, transfer, and set over to Buyer all of the right, title, and interest of Seller in and to
any awards that have been or that may thereafter be made for any such taking or takings.
SECTION 15. RISK OF LOSS.
Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed, except if
such loss is the result of acts or omissions of the Buyer or Buyer's employees, agents,
contractors, or representatives, in which case such loss shall be Buyer's responsibility. Provided,
however, if the Property is substantially damaged or destroyed before Closing by such casualty,
then either party may cancel this Contract by giving the other party thirty (30) days written
minuet-Co-op-rnd H RCIT_doc I I
notice of such cancellation and neither party will have any further obligations to the other and
Seller shall not be liable to the Buyer for any failure to deliver the Property to Buyer.
SECTION 16. COMMISSIONS.
Seller and Buyer each warrant and represent to the other that their sole contact with the other or
with the Property regarding this transaction has been directly between themselves and their
employees. Seller and Buyer warrant and represent that no person or entity can properly claim a
right to a commission, finder's fee, or other compensation based upon contracts or
understandings between such claimant and Buyer or Seller with respect to the transaction
contemplated by this Contract. Buyer agrees to indemnify the Seller against and to hold it
harmless from any claim, loss, cost, or expense, including, without limitation, attorneys' fees,
resulting from any claim for a commission, finder's fee, or other compensation by any person or
entity based upon such contacts or understandings.
SECTION 17. REFUND TO CITY OF DISCOUNTED SALES PRICE
Buyer recognizes that Seller is selling the Property to Buyer at a discounted sales price. The
parties acknowledge and agree that as of the date of this Contract,the assessed value of the
improvements on the Property, including the Horse Barn and Cabin, by the City of Roanoke's
Director of Real Estate Valuation is $121,900. The parties further agree that as a result of the
discounted sales price of$30,000, Buyer is receiving the Property at a discount of$91,900. In
the event, Buyer sells or otherwise conveys the Property, or any part of the Property, at any time
within ten years of the Closing Date, Buyer agrees to pay Seller the amount of$91,900, or the
prorated share of such discount if less than the entire amount of the Property is sold, whether or
not the Property has depreciated or appreciated in value, provided that the Seller agrees that ten
percent (10%) of the $91,900 discounted amount shall be forgiven by Seller each year after the
Closing Date until the discounted amount is reduced to zero.
SECTION 18. REMEDIES.
A. In the event Buyer shall have fully performed or tendered performance of its duties and
obligations hereunder, but Seller fails to perform any of its duties or responsibilities in
accordance with the terms and provisions hereof, Buyer's sole and exclusive remedy shall
be an equitable suit to enforce specific performance of such duties or responsibilities.
Any and all other remedies otherwise available to Buyer, at law or in equity, are hereby
expressly waived by the Buyer except as otherwise specifically stated in this Contract.
B. If Buyer fails to comply with any of the terms and conditions, or any of the Buyer's
obligations, of this Contract, the Seller may enforce any and/or all remedies available to
the Seller under this Contract or by law, including, but not limited to termination of this
Contract and collection of the Performance Security or termination of this Contract and
repurchase of the Property, and all such remedies as may be allowed by law or in equity.
SECTION 19. NOTICES.
Sept 28 set sato(onnkvt bvgeen( ttv I Roanoke&Roanoke'Sauna] odsCo-no.R(I -1 M7210 108HSR.duo((to et b.. °'b 4 12
All notices hereunder must be in writing and shall be deemed validly given, by personal
service, if sent by certified mail, return receipt requested, or by a nationally recognized
overnight courier, addressed as follows (or any other address the party to be notified may have
designated to the sender by like notice):
If to Seller: City of Roanoke,
ATTN: City Manager
364 Noel C. Taylor Municipal Building
215 Church Avenue, SW
Roanoke, Virginia 24011
Fax No. 540-853-2333
With a Copy to: Assistant City Manager for Community Development
City of Roanoke
364 Noel C. Taylor Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
Fax No. 540-853-2333
If to Buyer: Roanoke Cooperative Association Ltd., d/b/a Roanoke
Natural Foods Co-op
Attn:
Name: Bruce Phlegar
Title: General Manager
Address: 1319 Grandin Road
Roanoke, Virginia 24015
Notice shall be deemed delivered upon the date of personal service, two days after deposit in
the United States mail, or the day after delivery to a nationally recognized overnight courier.
SECTION 20. TIME.
Time is of the essence in the performance of the parties' respective obligations in this
Contract.
SECTION 21. SUCCESSORS AND ASSIGNS.
This Contract shall inure to the benefit of and be binding upon the parties hereto and their
respective successors and assigns.
SECTION 22. COUNTERPART COPIES.
Sept 28 :don Contrast bens Cell( O/111R114110ke&R k.Ra'lurelFoods(o.-oi R( M72 3 0 10 81191 doe(—wed of 13
•
This Contract may be executed in one or more counterparts, and all such counterparts so
executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that
all of the parties are not signatory to the same counterpart.
SECTION 23. CONSTRUCTION.
The parties acknowledge that each party and its counsel have reviewed and revised this
Contract and that the normal rule of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Contract
or any amendments or exhibits hereto.
SECTION 24. SEVERABILITY AND SURVIVAL.
If any term of this Contract is found to be invalid, such invalidity shall not affect the
remaining terms of this Contract, which shall continue in full force and effect. The parties
intend for the provisions of this Contract to be enforced to the fullest extent permitted by
applicable law. Accordingly, the parties agree that if any provisions are deemed not
enforceable by any court or agency of competent jurisdiction, they shall be deemed modified
to the extent necessary to make them enforceable. ALL TERMS AND CONDITIONS OF
THIS CONTRACT SHALL SURVIVE CLOSING.
SECTION 25. COOPERATION.
Each party agrees to cooperate with the other in a reasonable manner to carry out the intent
and purpose of this Contract.
SECTION 26. AUTHORITY TO SIGN.
The persons who have executed this Contract on behalf of the parties represent and warrant
they are duly authorized to execute this Contract on behalf of their respective entity.
SECTION 27. NONWAIVER.
Each party agrees that any party's waiver or failure to enforce or require performance of any
term or condition of this Contract or any party's waiver of any particular breach of this
Contract by any other party extends to that instance only. Such waiver or failure is not and
shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other
breaches of the Contract by any party and does not bar the nondefaulting party from requiring
the defaulting party to comply with all the terms and conditions of this Contract and does not
bar the nondefaulting party from asserting any and all rights and/or remedies it has or might
have against the defaulting party under this Contract or by law.
Sept 28 cienC t" lbtween( lyt Roanoke dRoanoke atural I' xlsCe-op.R(II-I M723010SFISR.Ae(a a au b.... .e.Ply 4 14
Ronwoke&-R t t a o<J ( .pRCII lM 3 U*}ISRth.e
SECTION 28. FAITH BASED ORGANIZATIONS.
Pursuant to Virginia Code Section 2.2.-4343.1, be advised that the City does not discriminate
against faith-based organizations.
SECTION 29. FORCE MAJEURE.
A delay in or failure of performance by any party shall not constitute a default, nor shall Seller
or Buyer be in breach of this Contract, if and to the extent that such delay, failure, loss, or
damage is directly caused by an occurrence beyond the reasonable control of such party and
its agents, employees, contractors, subcontractors and consultants, which results from Acts of
God or the public enemy, compliance with any order of or request of any governmental
authority or person authorized to act therefore, acts of declared or undeclared war, public
disorders, rebellion, sabotage, revolution, earthquake, floods, riots, strikes, labor or
employment difficulties, delays in transportation, inability of party to obtain necessary
materials or equipment or permits due to existing or future laws, rules, or regulations of
governmental authorities or any other direct causes, and which by the exercise of reasonable
diligence said party is unable to prevent. For purposes of this Contract any one delay caused
by any such occurrence shall not be deemed to last longer than 6 months and all delays caused
by any and all such occurrences under any circumstances shall not be deemed to last longer
than a total of 6 months. Any party claiming a force majeure occurrence shall give the other
party written notice of the same within 30 days after the date such claiming party learns of or
reasonably should have known of such occurrence, or any such claim of force majeure shall be
deemed waived. Notwithstanding anything else set forth above, after a total of 6 months of
delays or failure of performance of any type have been claimed as being subject to force
majeure, no further delays or failure of performance or claims of any type shall be claimed as
being subject to force majeure and/or being an excusable delay.
SECTION 30. MAINTENANCE AND USE OF STORMWATER FACILITY AND
RIGHT OF ENTRY.
The Buyer agrees that it shall be responsible for routine maintenance of the stormwater
detention basin. Such maintenance shall include keeping the interior embankment and basin
free of any litter and debris, and maintaining a vegetative ground cover free of trees and brush,
at Buyer's sole expense. Grass shall be mowed by Buyer, and maintained at a height not to
exceed 8 inches, unless an alternative vegetative ground cover approach is approved by the
City Engineer, and unless the maintenance that is the responsibility of the City of Roanoke
described below creates a condition where routine maintenance cannot be performed.
Other maintenance not deemed routine, such as correcting major erosion, seepage, slumpage,
and repair to the outlet structure and discharge pipe, are the responsibility of the City of
Roanoke.
Sent 28 ersion((unfurl between(IN of Roanoke&Roanoke Natural I-nods Coop.RC II d ct,.nR.,d.aen(f to-e4 15
Roanoke&R« 14A K1 t )� ,pk'lI IM7230
The Buyer shall not alter the existing ground elevations or in any way redirect or obstruct
stormwater flow without written approval from the City Engineer. Any alterations to
easements resulting in obstruction or redirection of flow will be returned to existing elevation
immediately at the sole cost of the Buyer, without any liability to Seller.
The Buyer hereby grants permission and a right of entry to the City, its authorized agents and
employees, to enter upon the Property and to inspect the stormwater facility and drainage
easement periodically and whenever the City deems necessary. In the event the Buyer, its
successors and assigns, fails to perform its obligations to maintain the stormwater
management facility and drainage easement as described above, after prior written notice by
Seller to Buyer, or Buyer's successors and assigns, of the need to take con-ective action to
maintain the stormwater facility, the City may enter upon the Property and take whatever
action is necessary to correct any deficiencies identified, at Buyer's sole cost.
Seller agrees that Buyer shall have the right to use any easement areas outside of the interior
top of the embankments of the stormwater management facility for agricultural activities
including, but not limited to, pasturing animals, planting crops, and planting trees, so long as
such activities do not compromise the structural integrity of the embankments. Areas within
the embankments may also be used for agricultural activities so long as such activities will
have no negative affect on the function of the facility in the opinion of the City Engineer.
SECTION 31. ENTIRE CONTRACT.
This Contract, together with the exhibits hereto, contains all representations and the entire
understanding between the parties hereto with respect to the subject matter hereof. Any prior
correspondence, memoranda, or contracts are replaced in total by this Contract and the
exhibits hereto. No amendment to this Contract shall be valid unless made in writing and
signed by the appropriate parties.
IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized
representatives.
SELLER:
ATTEST: CITY OF ROANOKE, VIRGINIA
By
Christopher P. Morrill, City Manager
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE, to-wit:
Sept 28 Net won Contract between( (Y of Roanoke&Roanoke NatuniFoods Co-opRCIr-I M7230 1(81 SRd'c(bx,vbu.... Ce,H 16
R.mm+k.^d.vot reds C„Nrp R(ll 1 843239141N4SR,hn
The foregoing instrument was acknowledged before me this day of , 2011, by
Christopher P. Morrill, City Manager for the City of Roanoke, for and on behalf of said
municipal corporation.
My commission expires:
Notary Public
SEAL
BUYER:
WITNESS/ATTEST: ROANOKE COOPERATIVE
ASSOCIATION, LTD. , a Virginia
corporation, d/b/a Roanoke Natural Foods,
Co-op
By
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE, to-wit:
The foregoing instrument was acknowledged before me this day of , 2012, by
, the of Roanoke Cooperative Association, Ltd., d/b/a
Roanoke Natural Foods Co-op, for and on behalf of such corporation.
My commission expires:
Notary Public
SEAL
Approved as to Form: Approved as to Execution:
Assistant City Attorney Assistant City Attorney
Authorized by Ordinance No.
Sept 28.endon( v- t betweenefts of Roanoke&Roanoke Natural Foods Co-op.R CI I-IM72301081 SR doer.me as Li......Ca,saf 17
P,nwk.&R A Vd al 1'.n,.F (
•. J CITY COUNCIL AGENDA REPORT
fit-
To: Honorable Mayor and Members of City Council
Meeting: October 15, 2012
Subject: Public Hearing Authorizing a Lease Agreement for City-Owned
Property Located at 1970 Blue Hills Drive, NE., Identified as Tax
Map No. 7230104
Background:
Roanoke Cooperative Association, Ltd., commonly known as the Roanoke
Natural Foods Co-op ("Co-op"), desires to establish and operate an urban farm
to provide locally-grown produce. No such operations exist in Roanoke. Since
fall 2011 , City staff has worked with the Co-op to identify properties in the City
to support such an operation. A surplus property located within the Roanoke
Centre for Industry and Technology (RCIT) has been identified as an appropriate
setting to cultivate row crops for the farm.
The parcel is proposed to be leased with an option to purchase. The site
proposed for lease is a 7.36 acre vacant parcel, identified as Tax Map No.
7230104, known as Heritage Heights. The site, due to grading, has steep
slopes along its northern and western edges, leaving only 2Y2-3 acres of usable
land. The parcel has limited usefulness for commercial or industrial
development and would not support the scale of industrial development
encouraged in the RCIT. This parcel is subject to the restrictive covenants in
place at RCIT that govern use of all parcels in RCIT.
Use of the property will be limited to the cultivation of row crops. Small
buildings for equipment storage may be erected. A well for irrigation will also
be established.
The proposed term of the lease is five years. Rent would be a nominal rate of
$100 per year. The Co-op would have the option to purchase the property for
$30,000 at any time prior to the expiration of the lease term. The purchase
amount is based on the value of other agricultural land in the vicinity and the
amount of land that is usable for agricultural purposes.
A public hearing is required to consider the proposed Lease Agreement.
Recommended Action:
Absent comments at the public hearing needing further consideration, approve
a Lease Agreement between the City and Roanoke Cooperative Association,
Ltd., upon the terms as substantially set forth in the attachment to this report.
Authorize the City Manager to execute a Lease Agreement between the City and
Roanoke Cooperative Association, Ltd., substantially similar to the one attached
to this report, and to execute such other documents and to take such further
actions as may be necessary to lease the property and to implement,
administer, and enforce such Lease Agreement, with the form of such
Agreement and any other documents to be approved by the City Attorney.
64114 1" 71:111:11
Christopher P. Morrill
City Manager
Distribution: R. Brian Townsend, Assistant City Manager for Community Development
Christopher L. Chittum, Planning Administrator
Robert B. Ledger, Manager, Economic Development
Cassandra L. Turner, Economic Development Specialist
2
LEASE AGREEMENT
THIS LEASE AGREEMENT ("Agreement"), made as of this day of
201 2, by and between the CITY OF ROANOKE,VIRGINIA, a municipal corporation
organized and existing under the laws of the Commonwealth of Virginia("City"), and
ROANOKE COOPERATIVE ASSOCIATION, LTD., a Virginia corporation, d/b/a
Roanoke Natural Foods Co-op, , ("Lessee"),
WITNESSETH:
WHEREAS, Lessee desires to lease certain land owned by the City of Roanoke,
designated as City of Roanoke Tax Map Number 7230104, and known as New Tract B, located
at the Roanoke Centre for Industry and Technology ("RCIT")to use in connection with Lessee's
commercial agricultural and retail business; and
WHEREAS, City desires to lease such property to Lessee, and Lessee desires to lease
such property from City, upon the terms and conditions stated below.
NOW THEREFORE, for and in consideration of the mutual covenants contained in this
Agreement, the above recitals which are incorporated herein, and other good and valuable
consideration, the receipt of which is hereby acknowledged, the parties do hereby covenant and
agree as follows:
1. Lease-City hereby leases to Lessee, that certain property containing
approximately 7.423 acres of City owned property, located at the Roanoke Centre for Industry
and Technology, designated as Tax Map No. 7230104, and designated as New Tract B, as more
particularly shown on the Plat entitled "Plat Showing the Resubdivision of a 116.048 Acre
Tract, Creating Hereon New Tract A (12.042 Acres), Tract B (7.423 Acres), Tract F (18.437
Acres), "Utility Lot 1" (0.331 Acres), "Utility Lot 2" (0.332 Acres) and Dedicating 3.711 Acres
for the Right of Way of Blue Hills Drive and Leaving 73.772 Acres of Remaining Property of
the City of Roanoke, Virginia" (hereinafter referred to as the " Premises"). dated December 6,
2001, prepared by Lumsden Associates, P.C., on record in the Clerk of Circuit Court's Office for
the City of Roanoke, Virginia, in Map Book 1, Pages 2408 and 2409, which plat is incorporated
into this Lease and made a part hereof.
2. Condition of the Premises- Lessee has inspected the Premises and acknowledges
that the Premises are suitable for the purpose intended by the Lessee, and the Premises are being
made available "as is", `where is", and accepted by Lessee in its present condition. City makes
no warranties or representations of any kind regarding the environmental or physical condition of
the Premises, or the suitability of the Premises for Lessee's intended use in connection with its
business.
3. Term - The term of this Agreement shall be five (5) years, commencing on
, 2012 and continuing until midnight 2017.
4. Rent- The rent Lessee shall pay City for lease of the Premises shall be the amount
of ONE HUNDRED AND NO/DOLLARS ($100.00) per year during each of the five years
covered by this Agreement. Rent shall be payable on or before the first of the anniversary date
of this Agreement every year, and delivered to the City at the following address:
Attn: . In the event such rent is paid by check, checks should
be made payable to the "City of Roanoke Treasurer."
s. Alterations - There shall be no major alterations of the Premises without
City's prior written consent, except that Lessee may establish a well for irrigation. Upon the
expiration or termination of this Agreement, Lessee agrees to remove such improvements or
2
structures at its own expense and to restore the Premises to the same condition existing at the
time this Agreement is dated, unless City agrees to waive this requirement in writing to Lessee.
Any well established for irrigation shall be either removed or appropriately capped upon
termination of the Agreement..- In the event Lessee does not remove such improvements and
restore the Premises, City may remove such improvements or property, and restore the Premises
at its own expense, and bill such costs to Lessee, which Lessee agrees to pay. In the event such
removal and restoration requirement is waived by City, such alterations or fixtures to the
Premises shall become the property of City at no cost to City.
6. Permitted Use and Maintenance - The Premises shall only be used by Lessee for
commercial agricultural purposes, in connection with Lessee's business. Lessee shall be allowed
to locate structures on the Property to store the equipment used for the agricultural operation. .
Lessee shall not construct any other buildings or other structures on the Property without City's
written consent. Lessee agrees to be responsible for all maintenance of any kind on the Premises
at its cost, and agrees that City is under no obligation to provide any service or maintenance, of
any kind, to Lessee in connection with this Agreement. Lessee further agrees that it shall not use
the Premises for any unlawful purpose. Lessee agrees that it shall maintain the Premises in a
proper and orderly condition, in accordance with the same standards as other property at RCIT,
which maintenance includes, but is not limited to, regular mowing and trash and garbage
removal, and other actions, which are consistent and in keeping with the maintenance standards
of the other properties at RCIT, so as not to allow the Premises to be overrun with weeds and
vegetation. Compliance with this section shall be, in the sole, reasonable determination of the
City. The Seller acknowledges that steep slopes exist on the property that are not expected to be
maintained, and that such steep slopes may be allowed to remain with natural vegetation. In the
3
event Lessee does not provide proper maintenance of the Premises, Lessee agrees to take any
remedial measures required by City, at Lessee's expense.
7. Compliance with laws, rules and regulations- In Lessee's exercise of the rights and
privileges granted herein, Lessee, its agents, employees, guests, invitees, contractors, and/or any
other person over whom Lessee has control shall observe, obey and comply fully at Lessee's own
expense with all present and future, federal state and local laws, rules or regulations, applicable
to or affecting directly or indirectly Lessee or its operations and activities on or in connection
with the Premises. Lessee acknowledges that it has read and understands the restrictive
covenants in place on the Premises and RCIT, and agrees that it shall not use the Premises in any
manner that conflicts with such covenants.
8. Compliance with Environmental Laws - Lessee shall comply with all federal,
state and local laws, rules, regulations, resolutions and ordinances including, but not limited to,
those controlling air, water, noise, solid waste and other pollution and relating to the use, storage,
transportation, planting, harvesting and cultivation of crops, and the release or disposal of
hazardous material substances or waste.
9. Hazardous Waste and Materials Prohibited - Lessee shall not bring or allow or
permit to be brought onto, stored, disposed of, or released, any hazardous, toxic, or petroleum
substances, waste or materials, as such terms are defined by applicable federal, state, or local
law, rules, and ordinances, of any kind on the Premises except as allowed herein. In the event
any such materials and substances are necessary for Lessee's business conducted on the
Premises, Lessee agrees that it will inform City of the nature of such substances and materials,
and obtain City's approval in writing before using or placing such materials or substances on the
Premises.
4
10. Report Release of Hazardous Materials - Lessee shall immediately furnish to the
City written notice of any and all releases of hazardous, toxic, or petroleum substances, waste or
materials, as such terms are defined by applicable federal, state, or local law, rules, and
ordinances, whenever such releases are required to be reported to any federal, state, or local
authority, and pay for all cleanup and removal costs. Such written notice shall identify the
substance or material released, the amount released, the measures undertaken to cleanup and
remove the released material or substance and any contaminated soil or water. Lessee shall also
provide City with copies of any and all reports resulting from tests on the Premises or made to
any governmental agency which relate to the Leased premises.
11. Environmental Indemnifications - Regardless of the City's acquiescence and in
addition to the indemnification provisions contained elsewhere in this Agreement, Lessee shall
indemnify, defend, and hold City, its officers, agents and employees, harmless from all costs,
liabilities, penalties, or fines, including attorney's fees, resulting from or arising out of Lessee
violation of the environmental provisions contained in this Agreement and agrees to reimburse
the City for any and all costs and expenses incurred in eliminating or remedying such violations.
Lessee further covenants and agrees to reimburse and hold the City its officers, agents and
employees, harmless from all costs, expenses, attorney's fees and all penalties or civil judgments
obtained against the City as a result of Lessee's use, release or disposal of such hazardous, toxic,
or petroleum substances, waste or materials onto the ground or into the air or water. Lessee
agrees to waive any and all statutes of limitations applicable to any controversy or dispute arising
under these environmental provisions and Lessee further agrees that it will not raise or plead a
statute of limitation defense in any action arising out of Lessee's failure to comply with the
environmental provisions contained herein.
5
12. Insurance Coverage - Lessee shall obtain liability insurance coverage with respect
to claims arising out of the subject matter of this Lease Agreement. The amount of this insurance
shall be not less than:
(a) General Aggregate $1,000,000.00;
(b) Products - Complete/Operations Aggregate-$1,000,000.00;
(c) Personal and Advertising Injury - $1,000,000.00;
(d) Each occurrence - $1,000,000.00;
(e) Above amounts may be met by umbrella form coverage in the minimum amount of
51,000,000.00 aggregate; $1,000,000.00 each occurrence.
Lessee shall name the City, its officers, agents, employees and additional insureds as its
interest may appear on the above policy. Such coverage shall not be canceled or materially
altered except after thirty days written notice of such cancellation or material alteration to the
City. Prior to the execution of this Agreement, Lessee shall provide the City with an exact copy
of the Certificate of Insurance as specified above. All renewal policies shall be delivered to the
City at least fifteen days prior to the expiration date of the expiring policy. If at any time the
coverage, carrier or limits on any policy or the insurance requirements contained herein shall
become unsatisfactory to the City, Lessee shall forthwith provide a new policy meeting the
requirements of the City.
13. Indemnity_Lessee shall indemnify and hold harmless the City, its officers, agents
and employees, against any and all loss, cost or expense, including attorney's fees, resulting from
any claim, whether or not reduced to a judgment, and for any liability of any nature whatsoever
that may arise out of or result from activities or omissions of Lessee, its successors, officers,
agents, employees, assigns, guests, contractors, or invitees, on the Premises pursuant to this
lease, including, without limitation, fines and penalties, violations of federal, state or local laws,
or regulations promulgated hereunder, personal injury, wrongful death, or property damage
6
claims. In addition to the indemnification provision contained elsewhere in this Agreement, and
regardless of the City's acquiescence, Lessee agrees to indemnify, defend and hold the City, its
officers, agents and employees, harmless from any and all costs, liabilities, expenses, lines,
penalties, or civil judgments, including attorney's fees resulting from or obtained against or paid
by the City as a result of Lessee's violations of or failure to comply with any other provisions of
this Agreement.
14. Subleasing -Lessee covenants and agrees that it will not sublet, license, assign, or
transfer by operation of law or otherwise this Agreement, the Premises or any right Lessee is
authorized to exercise hereunder, without the prior written consent of the City. Any attempt by
the Lessee to sublet, license, assign, or transfer by operation of law or otherwise this Agreement,
the Premises, or any rights Lessee is authorized to exercise hereunder without the prior written
consent of the City shall result in the automatic termination of this Agreement.
15. Notice - 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 atter 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:
City of Roanoke, Attention City Manager
Room 364 Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
or at such other office as City may hereinafter designate by notice to the Lessee in writing.
Notice to the Lessee shall be sent to:
Roanoke Cooperative Association Limited, d/b/a
Roanoke Natural Foods Co-op
7
Attn:
Name: Bruce Phlegar
Title: General Manager--__— - -
Address:1319 Grand in Road
Roanoke, Virginia 24015---or at such other place as Lessee may hereinafter designate by notice to the City in writing.
16. Option to Purchase- City hereby grants Lessee the exclusive option to purchase
the Premises at any time during the term of this Agreement for the amount of Thirty
Thousand and No/Dollars Dollars ($30,000.00). If this option is not exercised by Lessee by
5:00 p.m, — 2017. or sooner date if the Agreement is terminated, or such
other date as the parties may agree in writing, by written notice sent by Lessee by certified mail,
return receipt requested, to City at the address stated in the notice section of this Agreement, this
option shall automatically end. During the term of this option, City agrees that it will not offer
the Premises for purchase to any other party. In the event the option is exercised, this Lease
Agreement shall automatically end on the closing date of the purchase.
17. Entire Agreement—This Agreement constitutes the entire understanding between
the parties. Any changes or modification of this Agreement must be in writing signed by both
parties.
18. Severability - In the event any provision herein shall be finally declared void or
illegal by any court or administrative agency having jurisdiction, the remaining provisions shall
continue in full force and effect as nearly as possible in accordance with the original intent of the
parties.
8
19. Headings - The headings used in this Lease Agreement are intended for
convenience and reference only and do not define, expand, or limit the scope or meaning of any
provision of this Agreement.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year
first written above:
ATTEST: CITY OF ROANOKE, VIRGINIA
By
Mary F. Parker, City Clerk Christopher P. Morrill, City Manager
WITNESS/ATTEST: ROANOKE COOPERATIVE
ASSOCIATION LIMITED, d/b/a
Roanoke Natural Foods Co-Op
By:
Gayle Havens-Cooley
By (SEAL)
(Name)
Printed Name
Title
(Address)
9
Approved as to form: Approved as to execution:
Assistant City Attorney Assistant City Attorney
10
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
ROANOKE COOPERATIVE ASSOCIATION
ROANOKE COOPERATIVE ASSOCIATION
1319 GRANDIN ROAD —-"--._,-
NBIICEBFNBBIIC option for the peeodto
ROANOKE VA 24015 purchase the DeerO.
NEARING
the Pursuant t taooth
yuu lirementsi of
The City of Roanoke 9§15.31800 and 1813
Drpppsae to v y Code of Vhglnla(19501,a4
REFERENCE: 84736444 pproalmnetyvsacnmo amended,noun Is hereby.
gt&oaMemapeM.lo red glren that the City Council
13127260 NPH-Sale & Lease of t205181ue Hills Otive, f the City of Roanoke Pill
W.E., Roanoke,Virginia, of a public healing en the
which Is part of the nom matters at he regular
Roanoke Centre for Industry Motto be held on
State of Virginia and Technology, and Mondayy, /Sober 15;2012.
designated as Roanoke City m cing at 7:00 p.m..
City of Roanoke Official Tax Map No. commencing at
7230108, to Roanoke matters maybe heard,in
Cooperative Association, matters
Council Chambers,4th
I, (the undersigned) an authorized representative resentative Ltd., d/b/a Roanoke Floor, Noel C. Taylor
g rall to ols m-op. The
patu Municipal Building,215
of the Times-World Corporation, which corporation
Intended to be used to 'Roanoke,Avenue, S.W.,
Intende and be used an - Roanoke,Virginia,24011.
is publisher of the Roanoke Times, a daily Further Information Is
urban farm to provide I availablefrom the attic.of
newspaper published in Roanoke, in the State of owllygrwn pWUx. I me City Clerk for the City of
The City of Roanoke i Roanoke at (5401
Virginia, do certify that the annexed notice was wrmeeopoeseleesean: 8512541
approximately 1a8 acre' Citizens shall have the
published in said newspapers on the following property located City-owned opporunityy to aheion:o
dates: BIue Hills Drive, N.E., aaid matters.Virginia, 't you area ea person with
desIgnated as Roanoke City You ity
Official Tax Map No. accommodations for this
7230104, to Roanoke hearing please contact the
Cooperative Association, City Clerk's Office at(540)
Ltd., d/b/a Roanoke 853-2541,before 12:00
Natural Foods Co-op Thursday,October
City/County of Roanoke, Commonwealth State of establish abliih1.a be used to "1pGIVENu
Y/ Y / n farm and operate an stday oMetbr,t201 .
urban n ro provide /at day of October, Mo.
Virginia. Sworn and subscribed before me this term grown pears.,red Stephanie M,MOer
term of five years.
nclude Such CHYCkrk
� ay of October 2012 Witness my hand and lease shall Include an
official seal. I 0.31]7200)
C - `t ..\ ," otary Public
--
Ti •
: �•\ A .y2i9'•S'„,••<- NOTAP" .
PUBLISHED ON: 10/05 PtIBt.N.'
]* {iBG. Pi J90530
NY COMMI55t°.f� -
0. //IA/ 45"zC
n/'"k LTN
TOTAL COST: 293 .92
FILED ON: 10/10/12
+
Authorized Y�n A,!
-Signature: ( tW- � , Billing Services Representative
otc
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to convey approximately 17.5 acres of City-owned property,
located at 2051 Blue Hills Drive, N.E., Roanoke, Virginia, which is part of the Roanoke Centre for
Industry and Technology, and designated as Roanoke City Official Tax Map No. 7230108, to
Roanoke Cooperative Association, Ltd., d/b/a Roanoke Natural Foods Co-op. The property to be
conveyed is intended to be used to establish and operate an urban farm to provide locally grown
produce.
The City of Roanoke further proposes to lease an approximately 7.36 acre parcel of City-
owned property located at 1970 Blue Hills Drive,N.E., Roanoke, Virginia, designated as Roanoke
City Official Tax Map No. 7230104, to Roanoke Cooperative Association, Ltd., d/b/a Roanoke
Natural Foods Co-op("Co-op"),to be used to establish and operate an urban farm to provide locally
grown produce, for a term of five years. Such lease shall include an option for the Co-op to purchase
the property for the amount of$30,000.00.
Pursuant to the requirements of§§15.2-1800 and 1813, Code of Virginia(1950),as amended,
notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the
above matters at its regular meeting to be held on Monday, October 15, 2012, commencing at 7:00
p.m., or as soon thereafter as the matters may be heard, 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 matters.
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 11,
2012.
GIVEN under my hand this 1 s day of October , 2012.
Stephanie M. Moon,
City Clerk
PH-sale or city property-2051 Blue Hills Dr.NE TM7230 I OS&lease 1970 RIuc Hills Dr,NE lM7230 104.to Roanoke CooperativeAssociation
11d.I0-I5-20I2.doe
Note to Publisher:
Please publish once in The Roanoke Times on Friday, October 5, 2012.
Send Publisher's Affidavit Send Bill to:
Stephanie M. Moon, MMC Bruce Phlegar, General Manager
City Clerk Roanoke Cooperative Association Ltd.
215 Church Avenue, S.W. 1319 Grandin Road
Suite 456 Roanoke, Virginia 24015
Roanoke, Virginia 24011 (540) 915-7692
(540) 853-2541
lei
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of October, 2012.
No. 39526-101512.
A RESOLUTION authorizing the proper City officials to make a boundary amendment to
the City's Enterprise Zone Two that will delete certain areas within it; authorizing the City
Manager to apply to the Virginia Department of Housing and Community Development
(VDHCD) for approval of such boundary amendment; and authorizing the City Manager to take
such further action as may be necessary to obtain and implement such boundary amendment.
WHEREAS, the State has notified localities that any Enterprise Zone that expires on
December 31, 2015, is not likely to be renewed. Enterprise Zone Two and its Subzones A and B
will expire on December 31, 2015, and it is not anticipated to be renewed, thereby eliminating
program eligibility for all current property owners and business owners in Enterprise Zone Two
and its Subzones A and B;
WHEREAS, there are certain areas currently located within the City's Enterprise Zone
Two that would benefit by deleting them from Enterprise Zone Two and including such areas
within Enterprise Zone One A's new Subzone B;
WHEREAS, the deletion of certain areas as part of the City's Enterprise Zone Two, as set
forth above, has a potential to continue to stimulate significant private sector investment within
the City in the new Subzone B to Enterprise Zone One A to which such businesses will be
redesignated and industrial investment can continue in the area; and
WHEREAS, this Council, acting in its capacity as the governing body of the City of
Roanoke, has held a public hearing on the above mentioned proposed boundary amendments, at
1
which public hearing citizens and parties in interest were afforded an opportunity to be heard on
such proposed boundary amendment to Enterprise Zone Two.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke is herby applying for an amendment to the City's Enterprise
Zone Two, which amendment will delete certain areas currently within such Zone
area. Such boundary amendment is more fully shown on the map(s) attached to the
City Council Agenda Report dated October 15, 2012, and more fully described in
such Report.
2. The City Manager is hereby authorized to apply, on behalf of the City,to the VDHCD
for the above mentioned boundary amendment to the City's existing Enterprise Zone
Two pursuant to the applicable provisions of the Virginia Enterprise Zone Grant Act,
as amended, which boundary amendment will delete certain areas currently within
Enterprise Zone Two, all as more fully set forth in the above mentioned Agenda
Report.
3. Council hereby certifies that it held a public hearing as required by the Virginia
Enterprise Zone Grant Act Regulations.
4. The City Manager is authorized to submit to the VDHCD all information necessary
for the application for the boundary amendment to the City's Enterprise Zone Two for
the Department's review and consideration and to take such further action as may be
necessary and/or execute any additional documents as may be necessary to meet other
program requirements or to establish the boundary amendment as set forth above.
The City Clerk is authorized to execute and attest any documents that may be
necessary or required for the application or for the provision of such information.
Such authority shall continue throughout the life of such Zone Two.
2
5. Any such approved boundary amendment will be retroactive to the date as provided
by such approval from the VDHCD.
Al�t •
lEST:
,11� -
City Clerk.
3
Pi
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of October, 2012.
No. 39527-101512.
A RESOLUTION authorizing the proper City officials to make boundary amendments to
the City's Enterprise Zone One A that will delete certain areas currently within it; that will add a
new noncontiguous Subzone B to Enterprise Zone One A; that will add certain areas not
currently within them to Enterprise Zone One A, its Subzone A, and its new Subzone B;
authorizing the City Manager to apply to the Virginia Department of Housing and Community
Development (VDHCD) for approval of such boundary amendments; and authorizing the City
Manager to take such further action as may be necessary to obtain and implement such boundary
amendments.
WHEREAS, there are certain areas currently located within the City's Enterprise Zone
One A that are not utilizing and are not benefiting from the inclusion of such areas within
Enterprise Zone One A;
WHEREAS, there are certain areas currently located outside the City's Enterprise Zone
One A and its Subzone A that are contiguous to them that are not currently a part of such Zone
areas, but that can be added to them and that will benefit from the designation of those additional
areas as part of such Zone areas, as set forth in the City Council Agenda Report dated October
15,2012;
WHEREAS, there are additional areas within the City of Roanoke which are eligible for
designation as part of an Enterprise Zone and which may be able to benefit by being designated
as a new noncontiguous Subzone B of Enterprise Zone One A;
WHEREAS, the Virginia Enterprise Zone Grant Act of 2005, as amended, authorizes the
amendment of existing Enterprise Zone areas to delete and to add areas to such Zone and its
1
noncontiguous Subzones, thereby making qualified business firms within such areas eligible for
Enterprise Zone benefits;
WHEREAS, the deletion of certain areas and the addition of certain areas as part of the
City's Enterprise Zone One A, its Subzone A, and the addition of a new Subzone B, as set forth
above, has a potential to stimulate significant private sector investment within the City in areas
where such business and industrial growth could result in much needed growth and revitalization;
and
WHEREAS, this Council, acting in its capacity as the governing body of the City of
Roanoke, has held a public hearing on the above mentioned proposed boundary amendments, at
which public hearing citizens and parties in interest were afforded an opportunity to be heard on
such proposed boundary amendments to Enterprise Zone One A , its Subzone A, and the addition
of a new Subzone B.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke is hereby applying for amendments to the City's Enterprise Zone
One A and its Subzone A, which amendments will delete certain areas currently
within Zone One A and which will add to Zone One A and its Subzone A additional
areas which are currently outside such Zone areas. Such boundary amendments will
also add other areas as a new noncontiguous Subzone B to Enterprise Zone One A.
Such amendments are more fully shown on the map(s) attached to the City Council
Agenda Report dated October 15, 2012, and more fully described in such Report.
2. The City Manager is hereby authorized to apply, on behalf of the City, to the VDHCD
for the above mentioned boundary amendments to the City's existing Enterprise Zone
One A and its Subzone A pursuant to the applicable provisions of the Virginia
Enterprise Zone Grant Act, as amended, which boundary amendments will delete
2
certain areas currently within Zone One A and add to Zone One A and its Subzone A
certain areas not currently within them, including a new Subzone B, all as more fully
set forth in the above mentioned Agenda Report.
3. Council hereby certifies that it held a public hearing as required by the Virginia
Enterprise Zone Grant Act Regulations.
4. The City Manager is authorized to submit to the VDHCD all information necessary
for the application for the boundary amendments to the City's Enterprise Zone One A
and its Subzone A, including the addition of a new Subzone B, for the Department's
review and consideration and to take such further action as may be necessary and/or
execute any additional documents as may be necessary to meet other program
requirements or to establish the boundary amendments as set forth above. The City
Clerk is authorized to execute and attest any documents that may be necessary or
required for the application or for the provision of such information. Such authority
shall continue throughout the life of such Zone One A, its Subzone A, and the new
Subzone B.
5. Local incentives applicable for Enterprise Zone One A and its Subzones shall also be
applicable for any new areas covered by such approved boundary amendments,
including the new Subzone B.
6. Any such approved boundary amendments will be retroactive to the date as provided
by such approval from the VDHCD.
ATTEST:
1""""_' hi. ry\Od�v
City Clerk.
3
61 Q 1 4 .'
1
r CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: October 15, 2012
Subject: Approval of Enterprise Zone One A and Enterprise Zone Two and
their Subzones Amendment Applications
Background:
Since the designation of the City Enterprise Zones, both Enterprise Zone One A
and Enterprise Zone Two and their Subzones have had amendments to their zone
boundaries and local incentives. In accordance with state regulations regarding
boundary deletions, each zone can have a maximum acreage deletion of fifteen
percent of the current zone size. Enterprise Zone One A and Enterprise Zone
Two and their Subzones are eligible for such acreage deletion. In an effort to
best utilize Enterprise Zone incentives, City staff recommend boundary
amendments set forth below that would delete 236 acres from Zone One A and
243 acres from Zone Two. Such transitions between acreages in the Enterprise
Zones are in anticipation of the expiration of Enterprise Zone Two on December
31 , 2015, that the State will not renew Zone Two.
Additionally, in accordance with state regulations regarding boundary size, each
zone has a maximum acreage limit equal to seven percent of total City acreage.
Enterprise Zone One A and its Subzone A have less than the seven percent limit
and are eligible to be expanded. In an effort to best utilize Enterprise Zone
incentives, City staff recommends boundary amendments as set forth below that
would add an additional 40 acres to Zone One A, 3 acres to Zone One A's
Subzone A and 243 acres to a new noncontiguous Subzone B to Zone One A.
Considerations:
The Zone One A boundary deletion amendment includes 25 acres from 0 to 1302
Rockland Avenue, NW, 44 acres of properties fronting on the north and south of
Gregory Avenue, NE, the north of McDowell Avenue, NE, and the west side of 5"
Street, and 62 acres fronting on the south of Orange Avenue NE, north of Norfolk
Avenue, NE, and East of Hollins Road, NE. The Zone One A boundary deletion
amendment would also include 104 acres fronting the north of Shenandoah
Avenue, NW, west of 31 " Street, NW, and south of Melrose Avenue, NW, and 1
acre on the southeast corner of Campbell Avenue, SW, and 10" Street, SW.
The Zone Two boundary deletion amendment deletes 243 acres of property
fronting the north and south of Blue Hills Drive, NE, and east and west of Blue
Hills Circle, NE, which is the property in RCIT. (This acreage will become Zone
One A's new Subzone B as noted below.)
Deleting the above properties from the City's Enterprise Zones One A and Two
will create additional opportunities for utilizing the program for other areas of
the City where growth and revitalization is anticipated. A map showing each
boundary deletion amendment is attached hereto and will also be on file in the
City Clerk's Office (Attachment 1). (The red boxes represent the boundary
deletions from Zone One A. The green area shows the acreage deleted from
Zone Two that will become Zone One A's new Subzone B.)
The Zone One A boundary addition amendment adds a 3 acre addition fronting
the east side of 1954 to 1942 Franklin Road, SW, including 250 Reserve Avenue,
SW, and will be in Subzone A of Enterprise Zone One A.
The Zone One A boundary addition amendment adds a 3 acre addition fronting
the north of Chapman Avenue, SW, from 1809 to 1822 Chapman Avenue, SW,
and 1 acre at 220 Church Avenue, SW. Also, the boundary addition amendment
adds 19 acres at 5008 Airport Road, NW, 1 3 acres fronting the north and south
of Patterson Avenue, SW, from 12`h Street, SW, to 14ch Street, SW, and 4 acres
fronting on the northeast corner of Melrose Avenue, NW, and Peters Creek Road,
NW.
The Zone One A boundary addition amendment adds the 243 acres deleted from
Enterprise Zone Two. This acreage fronts the north and south of Blue Hills Drive,
NE and the east and west of Blue Hills Circle, NE, and will be a new
noncontiguous Subzone B of Enterprise Zone One A.
Adding the above properties to the City's Enterprise Zone One A, its Subzone A,
and creating a new Subzone B will generate additional opportunities for
revitalization where buildings and sites are currently vacant or underutilized. A
map showing each boundary amendment is attached hereto and will also be on
file in the City Clerk's Office (Attachment 1 ). (The blue boxes represent the
boundary additions to Zone One A and its Subzone A. The green area shows the
acreage deleted from Zone Two that will become Zone One A's new Subzone B)
In accordance with the Virginia Department of Housing and Community
Development's Virginia Enterprise Zone Program regulations, the local governing
body must hold at least one public hearing affording citizens or interested
parties an opportunity to be heard before submitting an amendment application
to the Department for consideration. Such public hearing is being held at
Council's regular 7:00 p.m. meeting on October 15, 2012. Upon approval by
City Council, the boundary amendments will be submitted to the Virginia
Department of Housing and Community Development (VDHCD). Such
amendments are subject to approval by the VDHCD. If approved, the
amendments will be retroactive to a date approved by the VDHCD.
2
Recommended Action:
Absent comments at the public hearing requiring further consideration, City
Council adopt the appropriate measures to modify the boundaries of Enterprise
Zone One A, its Subzone A, and Enterprise Zone Two and to add a new Subzone
B to Zone One A, all subject to approval by the VDHCD, with an effective date
retroactive to a date approved by the VDHCD, as set forth above. Furthermore,
City Council authorize the City Manager to apply to the VDHCD for approval of
the above mentioned amendments and to take such further action and/or to
execute such additional documents as may be needed or obtain or confirm such
amendments and to meet the Program requirements throughout the life of the
Zones.
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Robert B. Ledger, Manager, Economic Development
Lindsay H. Hurt, Assistant to the City Manager
3
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
+
ECONOMIC DEVELOPMENT ADMINISTRAT
117 CHRUCH AVE SW
ROANOKE VA 24011 NOIICEOFPUBLIC A2apPoximatelyy44ares
EMU islating of properties
opting on the north and
Notice is hereby given that south of Gregory Avenue,
the Council of the City of NE,the north of McDowell
Roanoke will hold a public Avenue,NE,and the west
hearing on the matters set side of 5th Street NE which
REFERENCE: 80084300 forth below at its regular have the Tax May bers
meeting to be held on 3025012, 3025001,
13119519 NPH-Enterprise Zone Monday,October 15,2012, 3025015, 3020801,
icing at 7:00 p.m., 3024001, 3024007,
local time, or as soon 3024002, 3021001,
State of Virginia thereafter as the matters 3021002. 3021003.
g may be heard, in the 3021017, 3021501,
Council Chambers, 4th 3021512, 3021502,.
City of Roanoke Flow,In the Noel C.Taylor 3025002, 3026006,
Municipal Building,215 3025005, 3025004,
Church Avenue, S.W., 3025003, 3025007,
I, (the undersigned) an authorized representative Roanoke,Virginia. Further 3026014, 3026008.
9 P Information Is available in 3025009, 3025010,
of the Times-World Corporation, which corporation the Office of the City Clerk, 3025013e The deletion of
is publisher of the Roanoke Times, a daily Linda 853-2541,Hurt, st from several acres where
Lindsay Cit eagelr.(540)to
the City Menages(SAO) een nonefIsent, has
newspaper published in Roanoke, in the State of 6Purua9 prop my Isaolned. This
Pursuant it i the provisions industrial,Is Coned Light
Virginia, do certify that the annexed notice was floe rant Ac Enterprise General an Commercial
Zone Grant Act Sections Codenf Lr*SItantl Commercial
published in said newspapers on the following Virgins et(1950),e of Large Site,
amended,(the City as Sap delete tely Zone res
dates: Roa ntletl, ise to m ke cestg of pop .ties
CRoanoke pinto h tomake consisting o the applications of the Virginia fronting g Avenue,e.N , oth of
ommunnt Development Orange Men ., E.north d
for maters set eas of Hollins,NE,and
NE
bee tae matters sal forts east h Hollins ith Road,NE
below.4.10: numbers have 30T0i0ap
of amend the boundaries 3030404.
f Fitting acreage Aa 3030403, 3030404.
City/County of Roanoke, Commonwealth/State of ndieurgocrea¢e 3030403, 3050207,
indicated del below: 3050315, 3050403,
Vir la. Sworn and subscribed before me this Aapproeteate zone One 3050402, 3050403,
�/��� A consisting of 25 acres 3050406, 3050406,
ay of October 2012 Witness my hand and o lean¢or prohsreof 3050407, 3050408,
lmn8n1, between' WWI WWI 3050409, 3050410,
official seal . I.581, ng 0 to 1301 3050411, 3050515,
Including 0 to 1301 3050616, 3050625,
Rockland Avenue,NW,arid 3050501, 3050502,
Notary Public aenledwene,Tai lMap
numbers 2130802,
2130801,2131302 and
2131301. The deletion of
this property consists of
at acres where
,litre:■,;, utilization of the zone has
been nameelstent. This
sh SOYA t'' area Is zoned Light
PUBLISHED ON: 09/28 10/08 J C2:• NCi4R�.,'.2i
* : RE RVELIC '.may?
p G_*ya90 s
TOTAL COST: 2,936.56 �y.� l7N OF JiF`I,%
FILED ON: 10/10/12 "^ '_e
+
Authorized v ..-Signature: - I, A ii Al Iy . 4 , Billing Services Representative
1211013, 121181.41
1212015. 12 .2816.
12128:7, :2 3510.
C, TO amend the 1211509. 12 ,3311
0
3050503, 3050504 boundaries oSSubZ00i A, 1223206. 1e.•)020('.,
3050505, 3050506 Zone One A,Id SUaflO . 1220211. "_27I2Li.I
3050509, 3050500 and to 9ubmne6 1220211. 1220302
3050509, 3050510 nenedding additional 11220301. 1220302.
3050511, 3050512 ec 1220303, 1221310.1
3050516, 3050517 &dd to the bel0w' 1220416, 1229419.
3050518, 3050519 a1,Td add to the current 1220420, 1223421.
3050520, 3050521 Subzone Aal Zone One A 1220901. 1223902.
3050511, 3050523 aPProxiMatelY 3 acres 1220903. 122090e.co
3050524, 3050903 Consisting of properties 11220905 1229`06 lr is
3050901. 3050902 fronting on the east side of eaaition w.I help lc
3050801. 3050802 Franklin luding lbe addresses strengthen commercial gl lrotrles on and 3050803, 3050806 of 1954 to 1942 Franklin I centers that are tweeted to,3050805, 3080806 Roed Sg, and 250 Reserve revitalization. This property
3050807, 3050808 Avenue,SW. The Tax Map is zoned CommeTc.n.
3050811, 3050810 I
3050811, 3050814 numbers fsr are a040o04. ,Neighborhood rop . Suco
3050813, 3050814 Properties 040 and 1040404. property is ca fed in Zona
to
3050815, 3050816 104040ns and 1040402 property located m Zone
3050817, 3050818 'revzatle older would help to one
3050819, 3050822 revitalize redeveorpment Zoo add to tie currant
3050821, 3050822 ago en redevelopment Zone cres consist nit of
3050823, 3050824 art the one Light 4 ovey consist ng he
3050025, 3050816 property Is zoned LIgM1I pmpetly fronting el ose
3050827, 3050714 Industrial and Institutional entie,t corner of Melrose
3050608, 3050615 Planned Unit Development. Avenue. NW, and Peters
3050603, 3050602 A atq-wayswlll be included Mapknusmberrs 2760901
3050603, 3051114 Bh and 2760903. 1M1.
3050605, 3051110 logo from 250 Franklin 3051106, 3051113 Avenue,SW,along 4 Franklin arenas add
3051106, 3051108 Road,SW.and then to 536 areas revitalization.
3051105, 3051103
The Road,SW.and ire to 536
deltion of this ro ray whih Is loan Street,Su SW, anticipated
prcp General.is zoned
deletion of seve acres M1lfEItlawbdIne One A. erty is contigu. auto
sisuzalion several he Therefore, proper hats A of who enlnoonbnstint.acres contigue such property is one A. located in Zone
has propenty is zoned zone contiguous ss Itprone property
one A.
Property Is a bittea id such the current 2, p The amendment
Commndel Gelneral,sue, Zon add to me Tanent Sib pones to a lit a new
CommevladusvIaaLllgbl Zone One A approximately Zone Enterprises
Subzone B and Heavy Industrial, 3 acres consisting 1 Zone One A. Such new
4To from Zone One oChapman erns fronting the not Subzone u 0to rEnterprise'
cc consisting of 104 acres of 1 cludingS the Zone One A or'its Subzone
langghr properties addresses of 1809/01822 A. The a endment
f renting Shenandoah north of an Avert proposes to the re Chapman ell This ste ads
west tl h o eMehose extension will constsrtingeof 243
property
at of 31st Street,NW,
and south of i hl have Industrial additional fronting thegnorth andzouth
Tax Map numbers ers Industrial vpm t tniahi
Tax 1e. hers tlevobpmeninedeUrian of hich Hills Tax ap
2520114, 2520113, The . Such is property is which rsv nave 10 01,
2520118, 2520107, Flex. uous propopy ty numbers 2210101.
2520106. 2520107, contiguous in Zone to One 7240103, 7240104,
2580100, 2520109, {scaled In ZO^e One A. 7240101. 7240104,
2520110, 152011, 3.To add to the current 7240102. 7230102,
2520111, 2520116, Zone One A asprsximately 7230103. 7230104,
2520103, 2510122, 1 acre con sling of 7230105,7230101. This
2520123, 2520120, property fronting the north addition of a new Subzone
2520115, 2520102, of Church Avenue, SW, g w i l l a 1 I'mtl ust0lal
2520121, 2520126, Including the address of incorporation o f
2520119, 2520101, 220 Church Avenue,SW, property to Zane One A It
2520127, 2640315, with Tax Map number targets future development.
2640315, 1840312, 1012103. This expansion This property is zoned Light
2840324, 2640327, of the zone would Include InyL
A cop
2640313, 2640326, an addition of previously A copy of the maps,anal
the `- ���p"{
2600349, 2640311, owned public properly that of Tax Map numbers of the - 0 ') -
2640316, 2640351, Is powertyly owned.The amendments rived in the ' •
2640304, 2640352, property is zoned mendments teferred to
2640353, 1530114, Downtown. Such property above, and the local
2530110, 2530111, Is contiguous to property incZone currently offered
Zone
2530101, 2660418, 'located In Zane One A. Zone One A and Zone r�
2660417, 2660518. 4neOneAo the current availa their forpesare del ,1e
2660503. The deletion of Zone One Aoapproximately av a it am p f ar pitce of R- ..er ear-An T_. 4
this property consists of 19 acres consisting of Inspection In the Office of
nc
several 9 s where propertylronll^g the Beat Of the City Manager, Room 4
utilization of the zone has Airport Road,NW,and north 364. Noel C. Taylor T
beenerty °tent. This ofth Tax Road,NW, Municipal Building, 215
property Is zoned with Tax Map number Church Avenue, S.W.,
Commercial General and 6660103. The expansion Roanoke,Virginia 24011,
Opt Industrial, of this Property into the pry lie m b e r
S.TO delete from Zone One zone ration of the City's 540-8535309. Please will allow
cnsting of propey lone yy abov n Lindsay if yo anhe
consisting otheat corner of only Fortune area whore these it aserilcouweof
the s senlc r f Inve ere°nd growth ie t,rspaty a epeolvepiece os
Campbell et, �SWO ed investment td add cusion matter
is involved In tails
10th number 1131101. 'targeted around Zotl property. al cop
Map omberscurre01 The prop rtyeszzoned Acopent maps and gthe
owned by property the City or Com Mer larLy g zoned proposed describing reo f the the
d bS led Cloy , small striprgoo SiCe A proposed are of and
Roanoke not ell Board, small strip of l City
ed Enterprise Zone One A and
which is not eligible se rlghlafro will helntlueed Enterprise Zone Two 9 %a
benefit from the Enterprise to go from 5008 Airport mends refe.and the other ic ' `
Zane Program. Road, NW,and continue d. matters referred to above,
0TO amend the Zang Hershberger Road, are on f Ile and may be
boundaries of Enterprise NW,to 4836 Williamson reviewed by the public in
Zone Two by deleting Road, NW. which Is in the Office of the City Clerk,
acreage as Indicated below: Enterprise Zone One A. Room 456.Noel C.Taylor)
To delete approximately' Therefore,such property Is Municipal Building,215
243 acres consisting of contiguous to property Church Avenue, S.W.,
and south fronting
ue the north located in Zone One A Roanoke,Virginia 24011;
lid south ofGlue 5.10 add to the current during business hours.
Mills Drive,NE,which have Zone One A approximately AM parties and interested
Tax My Map numbers 13 acres consisting of citizens May and on the
7210101, 7240103, property fronting the north above date nd be heard on
7280101, 7140101, SWf Patterson these matters. If You area
7240104, Avenue. SW from 12th person wllh llily who
7140102, 7230102, Street,SW to 14th Street, needs accom tonsfel
plea mode
7230103, 7230104, SW which have Tax Map this hearing.please content
7230105 and numbers 1213405. the City Clerk's Office,at
7230101,TM1la property Is 1213406. 1213407. (540)853-1541, before
edplryt 1213408, 1212713. 1200 noon on the Thursday
ndusmal. 1211714, 1212715, before the date of the
1213501, 1213501, hearng estea above.
1213503, 1213504, GIVEN Under my hand this
1213505, 1213506, 24th day of September,
1213507, 1213508. 2012.
11212011, 1212812, Stephanie M.Moon,Gay Clerk
0
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the
matters set forth below at its regular meeting to be held on Monday, October 15, 2012, commencing at
7:00 p.m., local time, or as soon thereafter as the matters may be heard, in the Council Chambers, 4'h
Floor, in the Noel C.Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further
information is available in the Office of the City Clerk, (540) 853-2541,or from Lindsay Hurt, Assistant
to the City Manager, (540) 853-5309.
Pursuant to the provisions of the Virginia Enterprise Zone Grant Act, Sections 59.1-538, et seq.,
Code of Virginia (1950), as amended, the City of Roanoke proposes to make applications to the Virginia
Department of Housing and Community Development for the matters set forth below.
A. To amend the boundaries of Enterprise Zone One A by deleting acreage as indicated below:
1. To delete from Zone One A approximately 25 acres consisting of properties fronting on the south
side of I-581, between and including 0 to 1301 Rockland Avenue, NW, and including 1302
Rockland Avenue, NW, with Tax Map numbers 2130802, 2130801,2131302 and 2131301. The
deletion of this property consists of several acres where utilization of the zone has been non-
existent. This area is zoned Light Industrial.
2. To delete from Zone One A approximately 44 acres consisting of properties fronting on the north
and south of Gregory Avenue, NE, the north of McDowell Avenue, NE,and the west side of 5th
Street,NE which have the Tax Map numbers 3025012,3025001, 3025015, 3020801, 3024001,
3024007, 3024002, 3021001. 3021002, 3021003, 3021017, 3021501, 3021512. 3021502,
3025002, 3025006, 3025005, 3025004, 3025003, 3025007, 3025014, 3025008, 3025009,
3025010, 3025013. The deletion of this property consists of several acres where utilization of the
zone has been non-existent. This property is zoned Light Industrial, Commercial General and
Commercial Large Site.
3. To delete from Zone One A approximately 62 acres consisting of properties fronting on the south
of Orange Avenue, NE, north of Norfolk Avenue, NE, and east of Hollins Road,NE which have
the Tax Map numbers 3030406,3030405, 3030404, 3030403, 3050207, 3050315,3050318,
3050402, 3050403, 3050405. 3050406,3050407, 3050408, 3050409, 3050410, 3050411,
3050515,3050526, 3050525, 3050501, 3050502, 3050503, 3050504, 3050505, 3050506,
3050507,3050508, 3050509, 3050510, 3050511, 3050512, 3050516, 3050517, 3050518,
3050519, 3050520, 3050521, 3050522, 3050523, 3050524, 3050903, 3050901, 3050902,
3050801, 3050802, 3050803, 3050804, 3050805, 3050806, 3050807, 3050808, 3050809,
3050810, 3050811, 3050812, 3050813, 3050814, 3050815, 3050816, 3050817,3050818,
3050819, 3050820, 3050821, 3050822,3050823, 3050824, 3050825, 3050826, 3050827,
3050714, 3050608, 3050615, 3050601, 3050602, 3050603, 3050604,3050605, 3051110,
3051104. 3051113, 3051106. 3051108, 3051105, 3051103, 3051 102, 3051109. The deletion of
this property consists of several acres where utilization of the zone has been non-existent. This
property is zoned Commercial Neighborhood, Commercial General. Light and Heavy Industrial.
4. To delete from Zone One A approximately 104 acres consisting of properties fronting the north of
Shenandoah Avenue, NW, west of 31" Street, NW, and south of Melrose Avenue, NW, which
1
have Tax Map numbers 2520114, 2520113,2520118, 2520105,2520106, 2520107, 2520108,
2520109, 2520110, 252011, 2520112, 2520116, 2520103,2520122, 2520123, 2520120, 2520115,
2520102, 2520121, 2520126, 2520119, 2520101,2520127, 2640325, 2640315, 2640312,
2640324, 2640327, 2640313, 2640326, 2640349,2640311, 2640316,2640351,2640304,
2640352, 2640353, 2530114, 2530110, 2530111, 2530101, 2660418, 2660417, 2660518,
2660503. The deletion of this property consists of several acres where utilization of the zone has
been non-existent. This property is zoned Commercial General and Light Industrial.
5. To delete from Zone One A approximately 1 acre consisting of property along the southeast
corner of Campbell Avenue, SW, and 10°1 Street, SW,with Tax Map number 1113101. This
property is currently owned by the City of Roanoke School Board, which is not eligible to benefit
from the Enterprise Zone Program.
B. To amend the boundaries of Enterprise Zone Two by deleting acreage as indicated below:
To delete approximately 243 acres consisting of property fronting the north and south of Blue
]fills Drive, NE, which have Tax Map numbers 7210101, 7240103,7280101, 7240101,7240104,
7240102, 7230102, 7230103, 7230104,7230105 and 723010 LThis property is zoned Light
Industrial.
C. To amend the boundaries of Enterprise Zone One A, its Subzone A, and to add a new
noncontiguous Subzone B by adding additional acreage as indicated below:
/. To add to the current Subzone A of Zone One A approximately 3 acres consisting of properties
fronting on the east side of Franklin Road, SW,between and including the addresses of 1954 to
1942 Franklin Road, SW,and 250 Reserve Avenue, SW. The Tax Map numbers for the
applicable properties are 1040404, 1040403, and 1040402. This extension would help to
revitalize older buildings in a potential redevelopment area of the City. This property is zoned
Light Industrial and Institutional Planned Unit Development. A small strip of City right-of-way
will be included to go from 250 Reserve Avenue, SW. along Franklin Road, SW, to 1954
Franklin Road. SW, and then to 536 McClanahan Street, SW, which is located in Subzone A of
Enterprise Zone One A. Therefore, such property is contiguous to property located in such
Subzone A.
2. To add to the current Zone One A approximately 3 acres consisting of properties fronting the
north of Chapman Avenue. SW, between and including the addresses of 1809 to 1822 Chapman
Avenue, SW. This extension will help incorporate additional industrial land with redevelopment
potential. The property is zoned Urban Flex. Such property is contiguous to property located in
Zone One A.
3. To add to the current Zone One A approximately 1 acre consisting of property fronting the north
of Church Avenue, SW. including the address of 220 Church Avenue, SW, with Tax Map number
1 012103. This expansion of the zone would include an addition of previously owned public
property that is now privately owned. The property is zoned Downtown. Such property is
contiguous to property located in Zone One A.
2
4. To add to the current Zone One A approximately 19 acres consisting of property fronting the east
of Airport Road, NW, and north of llershberger Road, NW, with Tax Map number 6660103. The
expansion of this property into the zone will allow incorporation of the City's only Fortune 500
Company into an area where future investment and growth is targeted around inclusion of
Enterprise Zone property. The property is zoned Commercial Large Site A small strip of City
right-of-way will be included to go from 5008 Airport Road, NW, and continue along
llershberger Road, NW, to 4836 Williamson Road, NW, which is in Enterprise Zone One A.
Therefore, such property is contiguous to property located in Zone One A
5. To add to the current Zone One A approximately 13 acres consisting of property fronting the
north and south of Patterson Avenue, SW from 121] Street, SW to 14°' Street, SW which have Tax
Map numbers 1213405, 1213406, 1213407, 1213408, 1212713, 1212714, 1212715, 1213501,
1213502, 1213503, 1213504, 1213505, 1213506, 1213507, 1213508, 1212811, 1212812,
1212813, 1212814, 1212815, 1212816, 1212817, 1213510, 1213509, 1213511, 1213416,
1220208, 1220209, 1220210, 1220211, 1220217, 1220301, 1220302, 1220303, 1220310,
1220416, 1220419, 1220420, 1220421, 1220901, 1220902. 1220903, 1220904, 1220905,
1220906. This addition will help to strengthen opportunities in commercial neighborhood centers
that are targeted for revitalization. This properly is zoned Commercial Neighborhood. Such
property is contiguous to property located in Zone One A
6. To add to the current Zone One A approximately 4 acres consisting of property fronting on the
northeast corner of Melrose Avenue, NW, and Peters Creek Road, NW, with Tax Map numbers
2760901 and 2760903. This addition will add targeted areas to the zone with anticipated
revitalization. This property is zoned Commercial General. Such property is contiguous to
property located in Zone One A.
7. The amendment proposes to add a new Subzone B to Enterprise Zone One A. Such new Subzone
B will not be contiguous to Enterprise Zone One A or its Subzone A. The amendment proposes
to add approximately 243 acres consisting of property fronting the north and south of Blue Hills
Drive, NE, which have Tax Map numbers 7210101, 7240103,7280101, 7240101, 7240104.
7240102,7230102, 7230103, 7230104, 7230105,7230101. This addition of a new Subzone B
will allow for incorporation of industrial property to Zone One A as it targets future development.
This property is zoned Light Industrial.
A copy of the maps, a list of Tax Map numbers of the properties involved in the amendments referred
to above, and the local incentives currently offered in Zone One A and Zone Two and their Subzones
are available for public inspection in the Office of the City Manager, Room 364, Noel C. 'faylor
Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011,phone number 540-853-
5309. Please contact Lindsay Hurt at the above number if you want to see if a specific piece of
property is involved in this matter.
A copy of maps and other documents describing the proposed area of the Enterprise Zone One A and
Enterprise Zone Two amendments, and the other matters referred to above, are on file and may be
reviewed by the public in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal
Building. 215 Church Avenue, S.W., Roanoke, Virginia 24011 during business hours.
3
All parties and interested citizens may appear on the above date and be heard on these matters. 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 the Thursday before the date of the hearing
listed above.
GIVEN under my hand this 24th day of September , 2012.
Stephanie M. Moon, CMC
City Clerk
Note to Publisher:
Please publish twice in The Roanoke Times, once on Friday, September 28, 2012, and once on Friday
October 5, 2012.
Send Publisher's Affidavit Send Bill to:
City Clerk Rob Ledger
456 Noel C. Taylor Municipal Building Economic Development Manager
215 Church Avenue, S.W. Department of Economic Development
Roanoke, VA 24011 City of Roanoke
117 Church Avenue, S.W.
Roanoke, VA 24011
4
COMMITTEE VACANCIES/REAPPOINTMENTS
October 15, 2012
VACANCIES:
Three-year terms of office to replace Eddie Wallace, Jr., Kae Bolling and Carl Kopitzke as members
of the Mill Mountain Advisory Committee ending June 30, 2015; and the unexpired term of office of
Richard Walters ending June 30, 2013.
Three-year term of office to replace Jay Foster as a City representative of the Roanoke Valley-
Alleghany Regional Commission ending June 30, 2015.
Unexpired term of office of Deirdra Williams as a member of the Fair Housing Board ending
March 31, 2015.
Three-year term of office of Philip H. Lemon as a member of the Board of Zoning Appeals ending
December 31, 2015. (Inasmuch as Mr. Lemon has served three consecutive terms of office, he
is ineligible to serve another term.)
Four-year terms of office of Chad Van Hyning, Lora J. Katz, Mark Futrell and Fredrick M. Williams
as members of the City Planning Commission ending December 31, 2016.
A . CITY OF ROANOKE
yL� OFFICE OF THE CITY CLERK
�. * 215 Church Avenue,S.W.,Suite 456
c -H Roanoke,Virginia 24011-1536
Telephone: (540)853-2541
Fax: (540)853-1145
E-mail clerk@roano keva.gov JONATHAN E.CRAFT
STEPHANIE M.MOON,MMC
City Deputy City Clerk
CECELIA T.WEBB
Assistant Deputy City Clerk
October 15, 2012
Harold Wallick
1843 Cranwell Drive
Vinton, Virginia 24179
Dear Mr. Wallick:
Your term of office as a member of the Towing Advisory Board will expire as of
October 31, 2012.
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 member of the Towing Advisory Board from
January 22, 2002 to October 31, 2012. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
years of service.
Sincerely,(
Stephanie M. Moon, MMC
City Clerk
SMM:ctw
Enclosure
pc: Samuel Roman, Secretary, Towing Advisory Board
CERTIFICATE OF APPRECIATION
PRESENTED TO
HAROLD WALLICK
AS A MEMBER OF THE
TOWING ADVISORY BOARD
FROM JANUARY 22, 2002
TO OCTOBER 31, 2012
ON THIS 15TH DAY OF OCTOBER , 2012
IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED: ATTEST:
t
D A.BOWERS STEPHANIE M.MOON
MAYOR 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@raanokeva.gov JONATHAN E.CRAFT
STEPHANIE M.MOON,MMC
City Clerk Deputy City Clerk
CECELIA T.WEBB
Assistant Deputy City Clerk
October 15, 2012
Ms. Pamela Kestner-Chappelear
6734 Peach Tree Circle, S. W.
Roanoke, Virginia 24018
Dear Ms. Kestner-Chappelear:
A communication from Teresa McDaniel, Secretary, Human Services Advisory Board,
advising of your resignation as a member of the Board, was before the Council of the
City of Roanoke at a regular meeting held on Monday, August 20, 2012.
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 member of the Human Services Advisory
Board from September 7, 2004 to July 25, 2012. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
years of service.
Sincerely,
Stephanie M. Moon, MMC
City Clerk
SMM:ctw
Enclosure
pc: Teresa McDaniel, Secretary, Human Services Advisory Board
CERTIFICATE OF APPRECIATION
PRESENTED TO
PAMELA KESTNER-CHAPPELEAR
AS A MEMBER OF THE
HUMAN SERVICES ADVISORY BOARD
• FROM SEPTEMBER 7, 2004
TO JULY 25, 2012
ON THIS 15TH DAY OF OCTOBER , 2012
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO
THE CITY OF ROANOKE
APPROVED: ATTEST:
DAVID A.BOWERS STEPHANIE M.MO'
OON
MAYOR CITY CLERK
CITY OF ROANOKE
I• s
OFFICE OF THE CITY CLERK
s 215 Church Avenue,S.W., Suite 456
Roanoke,Virginia 24011-1536
Telephone: (540)853-2541
Fax: (540)853-1145
STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN F.CRAFT
City Clerk Deputy City Clerk
CECELIA T.WEBB
Assistant Deputy City Clerk
October 15, 2012
Quentin J. White
4502 Oleva Street, N. W.
Roanoke, Virginia 24017
Dear Mr. White:
Your term of office as a member of the Human Services Advisory Board will expire on
November 30, 2012.
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 member of the Human Services Advisory
Board from March 20, 2006 to November 30, 2012. Please find enclosed a Certificate
of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of
your years of service.
Sincerely,
Lttl,Ant,&- N)
Stephanie M. Moon, MM --
City Clerk
SMM:ctw
Enclosure
pc: Teresa McDaniel, Secretary, Human Services Advisory Board
CERTIFICATE OF APPRECIATION
PRESENTED TO
QUENTIN J. WHITE
AS A MEMBER OF THE
HUMAN SERVICES ADVISORY BOARD
FROM MARCH 20, 2006 TO NOVEMBER 30, 2012
ON THIS 15TH DAY OF OCTOBER , 2012
IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED: ATTEST:
44-tutt..1
DAVID A.BOWERS STEPHANIE M.MOO
MAYOR CITY CLERK
Q CITY OF ROANOKE
r OFFICE OF THE CITY CLERK
+s 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
STEPHANIE M.MOON,MMC
City Clerk Deputy City Clerk
CECELIA T.WEBB
Assistant Deputy City Clerk
October 15, 2012
Gail Burruss
2519 Creston Avenue, S. W.
Roanoke, Virginia 24015
Dear Ms. Burruss:
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, or completion of terms of office set forth in
such bylaws.
On December 31, 2012, you will have completed your second consecutive term of office
as a member of the Human Services Advisory Board.
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 member of the Human Services Advisory
Board from August 20, 2001 to December 31, 2012. Please find enclosed a Certificate
of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of
your years of service.
Sincere y,
'• mu
Stephanie M. Moon, MMC; /
City Clerk
SMM:ctw
Enclosure
pc: Teresa McDaniel, Secretary, Human Services Advisory Board
CERTIFICATE OF APPRECIATION
,-. ; PRESENTED TO
GAIL BURRUSS
AS A MEMBER OF THE
HUMAN SERVICES ADVISORY BOARD
FROM AUGUST 20, 2001 TO DECEMBER 31, 2012
ON THIS 15TH DAY OF OCTOBER , 2012
IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED: ATTEST:
DAVID A.BOWERS STEPHANIE M.MOON
MAYOR CITY CLERK
t
of
O
CITY OF ROANOKE
yr );r OFFICE OF THE CITY CLERK
6 Yt- 215 Church Avenue, S.W.,Suite 456
Roanoke,Virginia 24011-1536
Telephone: (540)853-2541
Fax: (540)853-1145
E-mail: clerk@raanokeva.gov JONATHAN E.CRAFT
STEPHANIE M.MOON,MMC
City Clerk Deputy City Clerk
CECELIA T.WEBB
Assistant Deputy City Clerk
October 15, 2012
Philip H. Lemon
3169 West Ridge Road, S. W.
Roanoke, Virginia 24014
Dear Mr. Lemon:
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 December 31, 2012, you will have completed your third consecutive term of office as
a member of the Board of Zoning Appeals.
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 member of the Board of Zoning Appeals
from December 3, 2001 to December 31, 2012. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
years of service.
Sincerely,
Stephanie M. Moon, MMC
City Clerk
SMM:ctw
Enclosure
pc: Rebecca Cockram, Secretary, Board of Zoning Appeals
CERTIFICATE OF APPRECIATION
PRESENTED TO
PHILIP H. LEMON
AS A MEMBER OF THE
BOARD OF ZONING APPEALS
FROM DECEMBER 3, 2001 TO DECEMBER 31, 2012
ON THIS 15TH DAY OF OCTOBER , 2012
IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED: Al JEST:
WOLAML-1�,
DAVID A.BOWERS STEPHANIE M.MO
MAYOR CITY CLERK
of CITY OF ROANOKE
t OFFICE OF THE CITY CLERK
im. �- 215 Church Avenue,S.W.,Suite 456
�" , :
l s Roanoke,Virginia 24011-1536
-'\ Telephone: (540)853-2541
Fax: (540)853-1145
STEPHANIE M.MOON,MMC E-mail: clerk®roanokeva.gov JONATHAN E.CRAFT
City Clerk Deputy City Clerk
CECELIA T.WEBB
Assistant Deputy City Clerk
October 31, 2012
Daniel J. Callaghan, Manager
City Attorney's Office
Roanoke, Virginia l
Dear MeyEat aghan: t
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
October 15, 2012, you were appointed as Manager of the City Attorney's Office; and
City Attorney upon admission to the Virginia Bar Association.
Attached you will find a Certificate of your appointment as City Attorney and an Oath or
Affirmation of Office which must be administered by the Clerk of the Circuit Court of the
City of Roanoke or her designee.
Please return one copy of the Oath of Office to the undersigned upon the administering
of the oath.
- - Sincerely, Th -
Stephanie M. Moon, MM
City Clerk
L'.1 CLERK\DATA\CKCTI\Oaths-Oualificatlon\Council-Appointed ORicers\Reappointments 2012.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 fifteenth day of October 2012, DANIEL J. CALLAGHAN was
appointed as City Attorney of the City of Roanoke, for a term ending September 30,
2014.
Given under my hand and the Seal of the City of Roanoke this thirty-first day of
October cgr4jkaaAJTh\CY\
City Clerk