Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Council Actions 04-15-13
FERRIS 39626-041513 RO1 , itkL •J- _r^ ' GI Ni> ROANOKE CITY COUNCIL REGULAR SESSION APRIL 15, 2013 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1 . Call to Order--Roll Call. Council Member Bestpitch was absent. The Invocation was delivered by The Reverend Gary L. Robbins, Pastor, Greene Memorial United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, April 18 at 7:00 p.m., and Saturday, April 20 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. 1 s 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. THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT OR UPCOMING EXPIRATIONS OF TERMS OF OFFICE: FAIR HOUSING BOARD - ONE VACANCY (THREE-YEAR TERM OF OFFICE) PARKS AND RECREATION ADVISORY BOARD (ONE UNEXPIRED TERM OF OFFICE ENDING MARCH 31, 2014) 2 • 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A resolution memorializing Clifton A. (Chip) Woodrum, Ill, former member of the House of Delegates. Adopted Resolution No. 39626-041513 (6-0). The Mayor presented ceremonial copies to Emily Woodrum, widow; and family. A resolution memorializing Kit B. Kiser, for mer Assistant City Manager for Operations for the City of Roanoke. Adopted Resolution No. 39627.041513(6-0). The Mayor presented ceremonial copies to Tammie Kiser, widow; and family. Recognition of Heather Ferguson. The Mayor recognized Ms. Ferguson and presented a City gift. Recognition of Mallory Lewis and Lamb Chop. The Mayor recognized Ms. Lewis and presented a City gift. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. 4. CONSENT AGENDA (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meetings of Council held on Monday,January 7, 2013; Tuesday, January 22, 2013; and Monday, February 4, 2013. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. 3 • C-2 A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss a personnel matter, being an upcoming vacancy on the Roanoke City School Board, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-3 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property 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 Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-4 A communication from the City Clerk advising of the resignation of David B. Carson as a Trustee of the Roanoke City School Board, effective June 12, 2013. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C-5 Report of qualification of Pete Eshelman as a member of the Parks and Recreations Advisory Board for a three-year term of office ending March 31, 2016. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Request of the Roanoke Valley Resource Authority to present its proposed 2013-2014 Annual Budget. Daniel D. Miles, Chief Executive Officer, Spokesperson. (Sponsored by the City Manager) Adopted Resolution No. 39628-041513 (6-0). 4 t 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: • Arts and Culture Agency Funding - 20 minutes Received and filed • Recommended Fiscal Year - 30 minutes 2013 - 2014 Budget Received and filed ITEMS RECOMMENDED FOR ACTION: 1. Approval and execution of an amendment to the 2010-2015 Consolidated Plan for the 2012 plan year to provide for an early payoff of the Hotel Roanoke Section 108; and appropriation of funds. Adopted Resolution No. 39629-041513 and Budget Ordinance No. 39630-041513 (6-0). 2. Approval and execution of a Grant Performance Agreement among South Commonwealth Partners, LLC, the Economic Development Authority of the City of Roanoke and the City of Roanoke to construct a hotel above the Market Garage; and appropriation of funds. Adopted Ordinance No. 39631-041513 and Budget Ordinance No. 39632-041513 (6-0). COMMENTS BY CITY MANAGER. The City Manager offered the following comments: May is Neighborhood Month • During the month of May, neighborhood groups will sponsor events to come together as one community to emphasize unity and neighborhood pride. • Details about specific events are posted on the city's website www.roa nokeva.Qov/neig h borhoodmonth. 5 Police Department to Hosts Cinco de Mayo event • Roanoke Police Department will coordinate its annual Cinco de Mayo event in Thrasher Park. • May 5, 2013 from 2:00 p.m. — 5:00 p.m. • This event is one of the important ways our police department reaches out to engage the community. • Includes music, sports, games,food, and activities for the entire family. • The Commonwealth's Secretary of Public Safety, Marie Decker, will be in attendance this year as part of the Governor's cultural outreach initiative. Results of Clean Valley Day • City neighborhoods collected 25 tons of trash and debris. • 532 tires collected in the City. • Thanks to the Solid Waste Management crews for their collection services in connection with this event. • Volunteer efforts are important to keep the environment in the city clean. 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for two educational 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. 39633-041513 (6-0). 9. UNFINISHED BUSINESS: a. Continuation of the matter with regard to a report of the Economic Development Authority recommending issuance of revenue bonds, not to exceed $12 million, for Kissito Healthcare, Inc., to construct a program of All-Inclusive Care for the Elderly(PACE). Harwell M. Darby, Jr., Counsel to the Economic Development Authority. (Matter was tabled at the April 1, 2013 meeting) Adopted Resolution No. 39634-041513 (5-0, Council Member Trinkle abstained from the vote). 6 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. An ordinance amending the City Code to reflect changes to the City Seal. Adopted Ordinance No. 39635-041513 (5-1, Mayor Bowers voting no). 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Ferris inquired if the 10 percent late tax payment penalty was considered as a budgetary line item or end of year excess funds; whereupon, the Director of Finance indicated that penalties and interests were included in the recommended budget under the General Property Tax category based upon typical trends from collected business license and real estate property taxes. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 12. RECESSED - 5:20 P.M. Prior to conducting the public interviews, the Mayor announced that due to the resignation of David Carson serving a Trustee of the Roanoke City School Board, effective June 12, the Council recently took action to continue to receive applications for the two upcoming vacancies for three-year terms of office, commencing July 1, 2013 and ending June 30, 2016; and to accept applications to fill the unexpired term of David Carson ending June 30, 2014. Deadline for receipt of applications will be May 3; the Council will review all applications at its May 6 Council meeting and select those applicants to be accorded a public interview on Monday, May 20, with a public hearing at 7:00 p.m., to receive citizen comments on the applicants accorded said public interview. Mayor Bowers stated that the four applicants currently scheduled to be interview this evening could either be considered for a three year term or the unexpired term, if they so desired; and could also be interviewed during the May 20 Council meeting rather than this afternoon. Annette Lewis and Mary Nash declined to be interviewed on May 20; and Charles Meidlinger opted to be interviewed on May 20. Inasmuch as Suzanne Moore was out of the City in attendance at a conference in San Diego, Ms. Moore decided to be interviewed at the May 20 Council meeting also. 7 At 5:30 p.m., the Council conducted two public interviews --- Annette Lewis and Mary B. Nash for the two upcoming vacancies for three year terms of office commencing July 1, 2013; and ending June 30, 2016. At 6:45 p.m., the Council meeting was declared in recess until 7:00 p.m.,in the Council Chamber, Room 450,fourth floor, Noel C. Taylor Municipal Building. 8 o tit A R®1,, • ROANOKE CITY COUNCIL REGULAR SESSION APRIL 15, 2013 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--Roll Call. Council Member Bestpitch was absent. The Invocation was delivered by Mayor David A. Bowers. Mayor Bowers called attention to the terrible tragedy that occurred in Boston, Massachusetts this afternoon during the Boston Marathon whereby three persons were killed and 176 persons injured. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, April 18 at 7:00 p.m., and Saturday, April 20 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of a Fair Housing Poster Contest Winner. The Mayor recognized Couron Crockett, First Grade, Roanoke Academy for Math and Science and presented a Certificate of Appreciation. 9 Recognition of the 2013 NAACP ACT-SO Winners. The Mayor recognized the winners and presented Certificates of Appreciation. B. PUBLIC HEARINGS: 1. Receive the views of citizens regarding appointment of two Roanoke City School Board Trustees for three-year terms commencing July 1, 2013. The candidates are Annette Lewis, Charles J. Meidlinger,Suzanne P. Moore and Mary B. Nash. No formal action taken. 2. Proposal of the City of Roanoke to vacate a portion of a public utility easement across property owned by Philomena A. Smith located at 3132 Stoneridge Road, S. W., in order for the owner to obtain clear title. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39636-041513 (6-0). 3. Proposal of the City of Roanoke to sell City-owned property located at 1530 Court land Road, N. E., together with an approximate 1.5 acre portion of parcel located at 1684 Court land Road, N. E., to 360 Toyota L.L.C. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39637-041513 (6-0). 4. Proposal of the City of Roanoke to amend Vision 2001-2020, the City's Comprehensive Plan, to include the Evans Spring Area Plan as a component, comprising of approximately 130 acres of vacant land along the southern side of Interstate 581, bounded by Hershberger Road to the northwest, the Valley View Boulevard interchange to the southeast, and the Melrose-Rugby Neighborhood to the south and southeast, with 19 acres of noncontiguous land lies between the rear of several Aspen Street homes and the Hershberger Road interchange from Interstate 581. Christopher L. Chittum, Agent, City Planning Commission, Spokesperson. Adopted Ordinance No. 39638-041513 (6-0). C. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. 10 D. RECESSED - 8:58 P.M. Prior to recessing the meeting, the Mayor pointed out that the two requests for a Closed Meeting that were approved on the Consent Agenda were not held, due to (1) the Mayor's request was not necessary inasmuch as the matter was discussed and acted upon in open session; and (2) the City Manager's request was deferred until the May 20 for consideration. THE COUNCIL MEETING WILL RECONVENE ON THURSDAY, APRIL 25, AT 7:00 P.M., IN THE COUNCIL CHAMBER, FOR THE PURPOSE OF CONDUCTING PUBLIC HEARINGS ON THE PROPOSED FISCAL YEAR 2013-2014 BUDGET AND HUD FUNDING. 11 0.2,. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Suite 456 -6o. . Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: cleric roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 17, 2013 The Reverend Gary L. Robbins Greene Memorial United Methodist Church 402 2nd Street, S. W. Roanoke, Virginia 24011 Dear Reverend Robbins: 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, April 15, 2013. Sincerely, �''�1 Stephanie MMC �Jd City Clerk SMM:aa Chip A. Woodrum, III IN THE COUNCIL OF THE CITY OF RCANOKE, VIRGINIA, The 15th day of April,2013. No. 39626-041513. A RESOLUTION memorializing the late Clifton Alexander (Chip) Woodrum III, who represented Roanoke in the House of Delegates for nearly a quarter century. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Woodrum on February 19,2013; WHEREAS, Mr. Woodrum was born in Washington, D.C. on July 23, 1938, to Margaret Lanier Woodrum Chambers and Clifton Alexander Woodrum,Jr; WHEREAS,Mr. Woodrum was the grandson of Congressman Clifton A. Woodrum; WHEREAS,Mr. Woodrum graduated from Episcopal High School in Alexandria, Va., in 1957, where he served as co-captain of the wrestling team,head cheerleader, monitor,and member of the school's honor committee; WHEREAS,Mr. Woodrum received an A.B.from the University of North Carolina at Chapel Hill in 1961, where he was on the wrestling team rind a member of the Sigma Alpha Epsilon fraternity,and developed a lifelong interest in Tarheel basketball; WHEREAS,Mr. Woodrum was awarded an LLB from the University of Virginia Law School in 1964; WHEREAS, Mr. Woodrum practiced law at the firm of Dodson, Pence and Viar in Roanoke from 1964 to 1998,and shared a law office with his brother,M.Lanier Woodrum; WHEREAS,Mr. Woodrum was a member of the Roanoke City Young Democrat Club from 1960-1972, chairman of the 6th District Democratic Committee from 1972-1976 and a delegate to the 1972 Democratic National Convention in Miami,Florida. WHEREAS,Mr. Woodrum was elected to the Virginia House of Delegates in 1979 and served through 2003, representing the 16th House District, which included the City of Roanoke and Roanoke County; WHEREAS, while in the legislature, Mr. Woodrum was a member of the Commerce and Labor, General Laws, and Privileges and Elections committees, and served on the State Crime Commission from 1982-2000 (as chairman from 1995-1998), the State Water Commission from 1981-2000, the Commission on Family Violence Prevention from 1997- 2000, the Freedom of Information Advisory Council,from 2000-2002, and the Legislative Transition Task Force-Electric Utility Deregulation committee from 1999-2003; WHEREAS,Mr. Woodrum sponsored legislation that allowed a portion of the sales tax revenue generated at The Hotel Roanoke to be put into a special fund that helped finance the hotel's restoration,one of his hallmark pieces of legislation; WHEREAS, Mr. Woodrum also sponsored legislation in 1987 creating the Virginia Birth-Related Neurological Injury Compensation Program, a fund that covers medical bills and other expenses for children who suffer disabling neurological injuries at birth; WHEREAS, Mr. Woodrum headed the Virginia Freedom of Information Advisory Council,playing a lead role in pushing for access to government meetings and documents; WHEREAS, upon his retirement from the House of Delegates in 2003,Mr. Woodrum remained active in his community and state by serving on the Board of the Library of Virginia (as chairman from 2011-2012), the Board of Trustees of the Virginia Historical Society, the Board of Directors of the Educational Foundation of Virginia Western Community College, and on the Board of Home Town Bank;and WHEREAS, Mr. Woodrum was a member of numerous other boards and organizations in Roanoke,and until his death he remained active in the local and state affairs of his beloved Democratic Party,and was a regular fixture at campaign events in the City. THEREFORE,BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Clifton Alexander (Chip) Woodrum III, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Woodrum's widow,Emily Abbitt Woodrum. APPROVED ATTEST: Iys'io LO Stephanie M.Moon,MMC David A.Bowers City Clerk Mayor • 112Me/710ro> Kit B. Kiser IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April,2013. No.39627-041513. A RESOLUTION memorializing the late Kit B. Kiser,former Assistant City Manager for Operations for the City of Roanoke. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Kiser on Monday,February 25,2013; WHEREAS,Mr.Kiser was a native of Haysi, Virginia and graduated from Haysi High School; WHEREAS, Mr. Kiser was a graduate of Virginia Polytechnic Institute and State University,where he earned a B.S.in Civil Engineering and was in the Corps of Cadets; WHEREAS, after college Mr. Kiser served in the US.Army Corps of Engineers from 1965 until 1967,when he joined the City of Roanoke's Water Department; WHEREAS, during his 33 years of service to the city,Mr.Kiser served as an engineer in the Water Department from 1967 to 1970,Manager of the Water Department from 1970 to 1973, as Director of Utilities and Operations from 1973 to 2000, and as Assistant City Manager for Operations from July 1,2000 until his retirement on November 1,2000; WHEREAS, Mr. Kiser led Roanoke's Water Department through three water crises: the 1980-81 drought,the 1985 flood,and the 1999 drought; WHEREAS, Mr. Kiser is remembered as a down-to-earth country boy who wasn't afraid to get his hands dirty, making sure the water city residents drank was safe, as well as the water the wastewater plant sent back to the river was clean; WHEREAS, Mr. Kiser was known for tackling everything with energy and good humor;and WHEREAS,after retirement,Mr.Kiser fulfilled his dream of driving tractor trailers. THEREFORE,BE IT RESOLVED by the Council of the City of Roanoke as follows: Z. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Kit B.Kiser,and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Kiser's widow,Tammie C.Kiser. APP ' r VED ATTEST: Stephanie M.Moon,MMC - David A.Bowers City Clerk Mayor CITY OF ROANOKE ? OFFICE OF THE MAYOR 17..�,. - 215 CHURCH AVENUE,S.W.,SUITE 452 ROANOKE,VIRGINIA24011-1594 TELEPHONE'. (540)853-2444 FAX (540)853-1145 DAVID A.BOWERS Mayor April 15, 2013 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to request a Closed Meeting to discuss a personnel matter, being an upcoming vacancy on the Roanoke City School Board, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, David A. Bowers Mayor DAB:ctw ® Rm i t% _ %) L r.. COUNCIL AGENDA REPORT z �, ' ` 'aGiN4, To: Honorable Mayor and Members of City Council Meeting: April 15, 2013 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 Tax Map No. 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. b i tiChristopher P. Morrill City Manager Distribution: Council Appointed Officers "r4 . CITY OF ROANOKE OFFICE OF THE CITY CLERK t . < 3 215 Church Avenue, S.W.,Suite 456 h Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIEM.MOON,MMC E-mail elerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 16, 2013 David B. Carson 3037 Carolina Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Carson: A communication from the City Clerk advising of your resignation as a Trustee of the Roanoke City School Board was before the Council of the City of Roanoke at a regular meeting, which was held on Monday, April 15, 2013. 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 Trustee of the Roanoke City School Board from July 1, 2005 to June 12, 2013. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, T Stephanie M. Moon, MMC City Clerk SMM:ctw Enclosure pc: Cindy Poulton, Clerk, Roanoke City School Board CERTIFICATE OF APPRECIATION PRESENTED TO DAVID B. CARSON AS A TRUSTEE OF THE ROANOKE CITY SCHOOL BOARD FROM JULY 1, 2005 TO JUNE 12, 2013 ON THIS 16TH DAY OF APRIL , 2013 IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: AC-111":44.,X O r DAVID A.BOWERS STEPHANIE NIE M.MOB MAYOR CITY CLERK �ltp , CITY OF ROANOKE f¢ ° .? OFFICE OF THE CITY CLERK rl_ 215 Church Avenue,S.W., Suite 456 !. Roanoke,Virginia 24011-1536 IN1 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerkf 'raenakeva.yo° JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECEI.IA T.WEBB,CMC Assistant Deputy City Clerk April 15, 2013 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to advise that David B. Carson has tendered his resignation as a Trustee of the Roanoke City School Board, effective June 12, 2013. Sincerely, 141-PCI:t4td he)Stephanie M. Moon, M City Clerk School Board Resignation Page 1 of 1 : `\ School Board Resignation David B. Carson to: Stephanie.Moon 04/08/2013 04:30 PM Hide Details From: "David B. Carson" <DCarson @jamlaw.net> To: <Stephanie.Moon@roanokeva.gov>, Stephanie: I confirmed this morning that I am not legally permitted to serve on the School Board after I start on the Circuit Court on July 1. My intention is to continue my service on the School Board through the June 11 meeting of the School Board. Thereafter, with an incredibly heavy heart, I will resign from the School Board. So, my resignation will be effective on June 12, 2013. (You have no idea how difficult it was to type that.) Thanks, Steph. Let me know if you need anything more. -DBC David B. Carson, Esquire Johnson, Ayers & Matthews, P.L.C. 540-767-2037 NOTICE: This message and its attachments are confidential and may be protected by the attorney/client privilege. If you have received this message in error, please notify the sender immediately by e-mail and delete and destroy this message and its attachments. file://C:\Users\CKSM1\AppData\Local\Temp\notesC7A056\—web8670.htm 4/8/2013 �a�. CITY OF ROANOKE /t - OFFICE OF THE CITY CLERK ' --. '- . 215 Church Avenue,S.W.,Suite 456 ': !` Roanoke,Virginia 24011-1536 1 Telephone: (540)853-3541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerkQmanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 16, 2013 Nicole Ashby, Secretary Parks and Recreation Advisory Board Roanoke, Virginia Dear Ms. Ashby: This is to advise you that Pete Eshelman has qualified as a member of the Parks and Recreation Advisory Board for a three-year term of office ending March 31, 2016. Sincerely, Stephanie M. Moon, MMC City Clerk SMM:ctw Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Pete Eshelman, 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 Parks and Recreation Advisory Board for a three-year term of office ending March 31, 2016, according to the best of my ability. So : : me God. ,re Ester'^.n The foregoing oath of office was /taken, sworn to, and subscribed before me by Pete Eshelman this (f/ day of Aii, / 2013. Brenda 57 Hamilton, Clerk of the Circuit Court /// ./ BY ✓A a _J /— i 4 ', Clerk .o CITY OF ROANOKE OFFICE OF THE CITY CLERK '"-✓;�q-, 215 Church Avenue,S.W.,Suite 456 , tr. Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 16, 2013 Daniel D. Miles, P. E. Chief Executive Officer Roanoke Valley Resource Authority 1020 Hollins Road, N. E. Roanoke, Virginia 24012 Dear Mr. Miles: I am enclosing copy of Resolution No. 39328-041513 approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2013-2014, in the amount of $8,237,335. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 15, 2013. Sincerely, y .R.Aa ./h'1 to V Stephanie M. Moon, MMC City Clerk Enclosure pc: Deborah C. Jacks, Clerk, Roanoke County Board of Supervisors, P. 0. Box 29800, Roanoke, Virginia 24018 Susan Johnson, Clerk, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia 24179 Christopher P. Morrill, City Manager Daniel J. Callaghan, 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'dfeApt11,_2013. No. 39628-041513. A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2013-2014, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the annual budget for the Roanoke Valley Resource Authority for Fiscal Year 2013-2014, in the amount of$8,237,335 is hereby approved, all as more particularly set forth in a letter, and attachments thereto, to the City Manager dated March 28, 2013, from Daniel D. Miles, P.E., Chief Executive Officer of the Roanoke Valley Resource Authority, copies of which have been provided to Council. ATTEST: y��0_ ) �� City Clerk. Resource Authority Budget 2013 2014AOc PW'2$PN°52 ROANOKE VALLEY RESOURCE AUTHORITY March 28, 2013 Ms. Stephanie M. Moon, MMC City Clerk, City of Roanoke Municipal Building Room 456 215 Church Avenue, SW Roanoke. VA 24011-1536 Dear Ms. Moon: In accordance with the Members Use Agreement, the Resource Authority is submitting its FY 2013-2014 annual budget to the City Council for approval. Enclosed are copies of the budget for each member of the City Council. A copy of the budget, along with the attached letter, has been sent to Mr. Morrill. Please let me know when this item will be scheduled on the City Council's agenda and I will plan on attending to answer and questions or comments from the Council. If you have any questions, need additional copies of the budget, or need to reschedule the Authority's placement on the Council's agenda, please let me know. Thank you for your assistance. Sincer , Za Daniel D. Miles, P.E. Chief Executive Officer Attachments (8) 1020 Hollins Road,NE Roanoke. Virginia 24012-8011 (540) 857-5050 Fax (540)857-5056 Web Site: www.rvra.net • ROANOKE VALLEY RESOURCE AUTHORITY March 28, 2013 Mr. Christopher P. Morrill, City Manager City of Roanoke 215 Church Avenue, S.W. Noel C. Taylor Building, Room 364 Roanoke, VA 24011 5 Dear Mr. orrill: On March 27, 2013, the Roanoke Valley Resource Authority approved its FY 2013/2014 annual budget. The balanced budget totals $8,237,335 and represents an increase of 3.72%from the current FY 2012/2013 budget. Please note the budget does include an increase to the Authority's general tipping fee rates of$2/ton which is the Authority's first rate increase in ten years.The$2/ton increase represents an effective average impact of approximately$0.21/household/month for City residents/customers served by the City's Solid Waste Department. A copy of the budget is attached. The Resource Authority strives to provide the most cost-effective solid waste disposal services possible in a fiscally and environmentally responsible manner while maintaining our contractual obligations and high quality services to the Roanoke Valley. This budget is a reflection of those efforts. In accordance with our"Member Use Agreement,"the Authority's 2013/2014 annual budget has been submitted to Ms. Stephanie Moon, City Clerk, with a request for the City Council's approval. Please let me know if you have any questions regarding the Authority's budget or if you would like to meet with me to discuss this issue prior to addressing the City Council. The Resource Authority is committed to serving the residents and businesses of the City of Roanoke as a Charter Member and we look forward to serving you. Sincer Daniel D.Miles, P.E. Chief Executive Officer Attachment 1020 Hollins Road,NE Roanoke,Virginia 24012-8011 (540) 857-5050 Fax(540)857-5056 Web Site: www.rvra.net ROANOKE VALLEY RESOURCE AUTHORITY IN C1, 11 121 ENCLOSED FLARE SMITH GAP REGIONAL LANDFILL Roanoke Valley Resource Authority TABLE OF CONTENTS Budget Summary 1 &2 Revenues 3-5 Expenses * Personnel 6-12 Administrative 7 Transfer Station 8 Smith Gap 9 Totals 10 Classification 11 Employee by Location 12 * Operating 13-23 * Capital 24-25 * Reserves 26-27 Tipping Fees Breakdown 28 Rutrough Road Landfill 29-30 Appendix 2013-2014 BUDGET Roanoke Valley Resource Authority IUD GE I SUMMA 11\ Y 2013-2019 BUDGET — Roanoke Valley Resource Authority SUMMARY ARY - REVENUE 2013-2014 t"J J� Disposal Fees $ 7,729,480 Interest Income $ 28,000 Transfer from Contingency Reserve Fund $ 405,405 Sale of Recyclable Material S 35,000 Miscellaneous $ 39,450 Transfer-Rutrough Road $ - Total $ 8,237,335 EXPENSES Personnel Administrative $ 606,916 Transfer Station $ 660,861 Smith Gap $ 737,079 Totals $ 2,004,856 Operating Administrative $ 353,582 Transfer Station $ 2,522,833 Smith Gap $ 1,242,065 Totals $ 4,118,479 Capital Administrative $ - Transfer Station $ - Smith Gap $ 14,000 Totals $ 14,000 Reserves Administrative $ - Transfer Station $ 495,170 Smith Gap $ 1,604,830 Totals $ 2,100,000 Debt Service Totals Administrative $ 960,497 Transfer Station $ 3,678,864 Smith Gap $ 3,597,973 Total $ 8,237,335 2013-2014 BUDGET 1 Roanoke Valley Resource Authority SUMMARY 2008-09 2009-10 2010-2011 2011-2012 2012-2013 2013-2014 REVENUE Disposal Fees $ 7,956,260 $ 7,964,100 $ 7,786,670 $ 7,594,400 $ 7,326,600 $ 7,729,480 Interest Income $ 657,720 $ 336,000 $ 200,000 $ 45,000 $ 28,000 $ 28,000 Transfer from Contingency $ 1,714,635 $ 2,053,044 $ 1,629,080 $ 1,596,087 $ 490,991 $ 405,405 Reserve Fund Sale of Recyclable $ 22,000 $ 12,700 $ 44,640 $ 50,600 $ 55,000 5 35,000 Material Miscellaneous $ 24,000 $ 44,260 $ 38,000 $ 59,800 $ 39,450 $ 39,450 Transfer-Rutrough Road $ - $ - $ 125,000 $ 125,000 $ - $ - TOTAL $10,374,615 $10,410,104 $ 9,823,390 $ 9,470,887 $ 7,940,041 $ 8,237,335 EXPENSES Personnel $ 1,711,620 $ 1,775,973 $ 1,818,943 $ 1,863,655 $ 1,972,540 $ 2,004,856 Operating $ 4,073,056 $ 4,159,985 $ 3,907,661 $ 3,828,652 $ 3,995,501 $ 4,118,479 Capital $ 120,000 $ - $ 15,000 $ - $ 12,000 5 14,000 Transfer to Reserves $ 1,710,000 $ 1,710,000 $ 1,310,000 $ 1,010,000 $ 1,960,000 $ 2,100,000 Debt Service $ 2,759,939 $ 2,764,146 $ 2,771,786 $ 2,768,580 $ - $ - TOTAL $10,374,615 $10,410,104 $ 9,823,390 $ 9,470,887 $ 7,940,041 $ 8,237,335 DISPOSAL FEES Municipal $per ton 45 45 45 45 45 47 Private $per ton 55 55 55 55 55 57 % INCREASE 109% 03% -5.6% -3.6% -16.2% 3.7% in expenses 20132014 BUDGET 2 — Roanoke Valley Resource Authority ' EV I1-1,N1 IFS 2013-2014 BUDGET — Roanoke Valley Resource Authority R II N' EN U F:S CODE DESCRIPTION FY12-13 FY13-14 JUSTIFICATION 493 Total Tipping Fees $7,326,600 $ 7,729,480 Based on tonnage receipts of: 154,840 Municipal 87,670 tons $ 4,056,950 Commercial 34,600 tons $ 1,951,200 Private 24,060 tons $ 1,334,700 Residential 8,510 tons $ 386,630 Total $ 7,729,480 401 Interest Income $ 28,000 $ 28,000 Operating&Other Reserve $ 28,000 956 Transfer from Contingency $ 490,991 $ 406,405 Funds available from Contingency Reserve Reserve Fund 460 Sale of Recyclable $ 55,000 $ 35,000 Sale of Recyclable Scrap Material Metal&Miscellaneous 459 Miscellaneous Private $ 39,450 $ 39,450 Mulch Sales Revenue 976 Transfer from $ - $ - Transfer to operating budget Rutrough Road Fund for administrative Services TOTAL REVENUE $7,940,041 $ 8,238,335 2013-2014 BUDGET 3 TIPPING FEES CODE DESCRIPTION FY12-13 FY13-14 JUSTIFICATION 451 City of Roanoke $1,961,400 $2,036,300 Municipal Waste 41,000 tons @ 47 $1,927,000 Wood Waste 3,000 tons @ 35 $ 105,000 Tires 30 tons @ 120 $ 3,600 140 mixed @ 5 $ 700 City of Roanoke Total $2,036,300 452 County of Roanoke $1,767,700 $1,856,800 Municipal Waste 37,000 tons @ 47 $1,739,000 Wood Waste 3,000 tons @ 35 $ 105,000 Tires 90 tons @ 120 $ 10,800 400 mixed @ 5 $ 2,000 County of Roanoke Total $1,856,800 453 Town of Vinton $155,850 $ 163,850 Municipal Waste 3,300 tons @ 47 $ 155,100 Wood Waste 250 tons @ 35 $ 8,750 Tires - tons @ 120 $ - - mixed @ 5 $ - Town of Vinton Total $ 163,850 458 Commercial $1,843,800 $1,951,200 Commercial Waste 33,600 tons @ 57 $1,915,200 Wood Waste 1,000 tons @ 35 $ 35,000 Tires - tons @ 120 $ - 200 mixed @ 5 $ 1,000 Commercial Total $1,951,200 2013-2014 BUDGET 4 TIPPING FEES CODE DESCRIPTION FY12-13 FY13-14 JUSTIFICATION 459 Private $1,215,400 $1,334,700 Private Waste 22,000 tons @ 57 $1,254,000 Wood Waste 2,000 tons @ 35 $ 70,000 Tires 60 tons @ 120 $ 7,200 700 mixed @ 5 $ 3,500 Private Total $1,334,700 463 Residential $382,450 $ 386,630 Residential Waste Based on Uniform Disposal Allocation City of Roanoke 53.0% $ 204,914 County of Roanoke 41.7% $ 161,225 Town of Vinton 53% $ 20,491 Household 6690 Tons @ $47 $ 314,430 Wood waste 1820 Tons @ $35 $ 63,700 Tires 1700 Tires @ $5 $ 8,500 Residential Total $ 386,630 TOTAL TIPPING FEE $7,326,600 $7,729,480 2013-2014 BUDGET 5 — Roanoke Valley Resource Authority IHXP ENS FS PERSONNEL 2013-2014 BUDGET - Roanoke Valley Resource Authority PERSONNEL CODE DESCRIPTION FY12-13 FY13-14 JUSTIFICATION 1010 Salaries $ 1,238514 $ 1,251,138 Salaries for 28 employees 1015 Overtime $ 47,000 $ 48,000 Extra work required on Saturdays&Holidays 1020 Part-time $ 27,200 $ 28,000 Operations,Buildings,and Grounds Maintenance 1116 Supplements $ 10,000 $ 10,000 Outstanding performance recognition 2100 FICA. $ 100,423 $ 101,526 7.65 % of salaries,overtime,part time 2200 Retirement-VRS $ 162,983 $ 164,689 14.01 % of salaries 26 employees $ 1,175,514 2204 Retirement-City $ 11,728 $ 13,665 18.07 % of salaries 2 employees $ 75,624 2202 Deferred Comp.Match $ 18,200 $ 18,200 $25 per pay period 28 employees 2300 Hospitalization $ 204,959 $ 219,284 31 participating employees 2.5% Annual$ single 15 $457 per month $ 84,350 Retiree 3 $411 per month $ 15,183 em&sp 3 $677 per month $ 24,988 family 8 $790 per month $ 77,728 Ern&Ch 2 $487 per month $ 11,687 Employee Share $ 5,348 2310 Dental $ 9,072 $ 11,159 28 participating employees® $33 per month 2400 Life Insurance-VRS $ 15,356 $ 15,517 1.32 % of salaries 26 employees $1,175,514 j 2401 Life Insurance-City $ 421 $ 1,028 1.36 % of salaries 2 employees $ 75,624 2500 Long Term Disability Ins. $ 3,839 5 3,879 0.62% salaries RVRA pays 50% 53,879 2510 Short Term Disability Ins. $ 1,500 $ 1,500 RVRA pays 100% $1,500 2700 Workers'Comp.Ins. $ 48,000 $ 32,000 Workers'Comp.Insurance 28 employees 2750 Retirement Health $ 2,792 $ 2,821 0.24 % of salaries 26 employees $1,175,514 Insurance Credit 2800 Termination Pay $ 10,000 $ 10,000 Annual and sick leave payments 2810 Cash-in FLP $ 24,050 $ 24,050 Flexible Leave pay out 2830 Employee Benefits $ 37,000 $ 48,400 Retiree Health Insurance • TOTAL PERSONNEL $1,973,037 $2,004,856 2013-2014 BUDGET 6 Roanoke Valley Resource Authority PERSONNEL ADMIN -CODE DESCRIPTION FY12-13 FY13-14 JUSTIFICATION 1010 Salaries $419,779 $421,477 Salaries for 5 employees 1015 Overtime $ - $ - Extra work required on Saturdays&Holidays 1020 Part-time $ - $ - Operations,Buildings,and Grounds Maintenance 1116 Supplements $ 2,000 $ 2,000 Outstanding performance recognition 2100 FICA. $ 32,113 $ 32,243 7.65 % of salaries,overtime,part time 2200 Retirement-VRS $ 58,811 $ 59,049 14.01 % of salaries 5 employees $ 421,477 2204 Retirement-City $ - 9 - 18.07 % of salaries 0 employees $ - 2202 Deferred Comp.Match $ 3,250 $ 3,250 $25 per pay period 5 employees 2300 Hospitalization $ 55,804 $ 54,575 8 participating employees 2.5% single 0 $457 per month $ - Retiree 3 $411 per month $ 15,183 em&sp 2 $677 per month $ 16,659 family 1 $790 per month $ 9,716 em&ch 2 $487 per month $ 11,687 Employee Share $ 1,331 2310 Dental $ 1,620 $ 1,993 5 participating employees @ $33 per month 2400 Life Insurance-VRS $ 5,541 $ 5,563 1.32 % of salaries 5 employees $ 421,477 2401 Life Insurance-City $ - $ - 1.36 % of salaries 0 employees $ - 2500 Long Term Disability Ins. $ 1,301 $ 1,307 0.62% salaries RVRA pays 50% $ 1,307 2510 Short Term Disability Ins. $ 500 $ 500 RVRA pays 100% $ 500 2700 Workers'Comp.Ins. $ 867 $ 867 Workers'Comp.Insurance 5 employees 2750 Retirement Health $ 1,008 $ 1,012 0.24 % of salaries 5 employees $ 421,477 Insurance Credit 2800 Termination Pay $ - $ - Annual and sick leave payments 2810 Cash-in FLP $ 16,233 $ 16,474 Flexible Leave pay out 2830 Employee Benefits $ 6,607 $ 6,607 Retiree Health Insurance TOTAL PERSONNEL $605,434 $606,916 2013-2014 BUDGET 7 Roanoke Valley Resource Authority PERSONNEL TS - CODE DESCRIPTION FY12-13 FY13-14 JUSTIFICATION 1010 Salaries $373,893 $378,294 Salaries for 10 employees 1015 Overtime $ 37,000 $ 35,000 Extra work required on Saturdays&Holidays 1020 Part-time $ 13,000 $ 14,000 Operations,Buildings,and Grounds Maintenance 1116 Supplements $ 4,000 $ 4,000 Outstanding performance recognition 2100 FICA. $ 32,428 $ 32,688 7.65 % of salaries,overtime,part time 2200 Retirement-VRS $ 41,850 $ 42,404 1101 % of salaries 8 employees $ 302,670 2204 Retirement-City $ 11,728 $ 13,665 18.07 % of salaries 2 employees $ 75,624 2202 Deferred Comp.Match $ 6,500 $ 6,500 $25 per pay period 10 employees 2300 Hospitalization $ 78,110 $ 81,388 10 participating employees 2.5% single 4 $457 per month $ 22,493 Retiree 0 $411 per month $ - em&sp 1 $677 per month $ 8,329 family 5 $790 per month $ 48,580 Employee Share $ 1,985 2310 Dental $ 3,240 $ 3,985 10 participating employees @ $33 per month 2400 Life Insurance-VRS $ 3,943 $ 3,995 1.32 % of salaries 8 employees $ 302,670 2401 Life Insurance-City $ 421 $ 1,028 1.36 % of salaries 2 employees $ 75,624 2500 Long Term Disability Ins. $ 1,159 $ 1,173 0.62% salaries RVRA pays 50% $ 1,173 2510 Short Term Disability Ins. $ 500 $ 500 RVRA pays 100% $ 500 2700 Workers'Comp.Ins. $ 22,136 $ 13,500 Workers'Comp.Insurance 10 employees 2750 Retirement Health $ 716 $ 726 0.24 % of salaries 10 employees $ 302,670 Insurance Credit 2800 Termination Pay $ 10,000 $ 10,000 Annual and sick leave payments 2810 Cash-in FLP $ 4,772 $ 4,800 Flexible Leave pay out 2810 Employee Benefits $ 13,214 $ 13,214 Retiree Health Insurance TOTAL PERSONNEL $658,610 $660,861 2013-2014 BUDGET - 8 Roanoke Valley Resource Authority PERSONNEL SG CODE DESCRIPTION FY12-13 FY13-14 JUSTIFICATION 1010 Salaries $444,439 $451,367 Salaries for 13 employees 1015 Overtime $ 10,000 $ 13,000 Extra work required as needed 1020 Part-time $ 14,200 $ 14,000 Operations,Buildings,and Grounds Maintenance 1116 Supplements $ 4,000 $ 4,000 Outstanding performance recognition 2100 F.1.C.A. $ 35,851 $ 36,595 7.65 % of salaries,overtime,part time 2200 Retirement-VRS $ 62,266 $ 63,237 14.01 % of salaries 13 employees $ 451,367 2204 Retirement-City $ - $ - 18.07 % of salaries 0 employees $ - 2202 Deferred Comp.Match $ 8,450 $ 8,450 $25 per pay period 13 employees 2300 Hospitalization $ 71,045 $ 83,321 13 participating employees 2.5% single 11 $457 per month $ 61,856 Retiree 0 $411 per month $ - em&sp 0 $677 per month $ - family 2 $790 per month $ 19,432 Employee Share $ 2,032 2310 Dental $ 4,212 $ 5,181 13 participating employees© $33 per month 2400 Life Insurance-VRS $ 5,867 $ 5,958 132 % of salaries 13 employees $ 451,367 2401 Life Insurance-City $ - $ - 1.36 % of salaries 0 employees $ - 2500 Long Term Disability Ins. $ 1,378 $ 1,399 0-62% salaries RVRA pays 50% $ 1,399 2510 Short Term Disability Ins. $ 500 $ 500 RVRA pays 100% $ 500 2700 Workers'Comp. Ins. $ 24,997 $ 17,633 Workers'Comp.Insurance 13 employees 2750 Retirement Health $ 1,066 $ 1,083 0.24 % of salaries 13 employees $ 451,367 Insurance Credit 2800 Termination Pay $ - $ - Annual and sick leave payments 2810 Cash-in ELF $ 3,045 $ 2,776 Flexible Leave pay out 2830 Employee Benefits $ 17,179 $ 28,579 Retiree Health Insurance TOTAL PERSONNEL $708,495 $737,079 2013-2014 BUDGET 9 Roanoke Valley Resource Authority PERSONNEL TOTALS - CODE DESCRIPTION FY13-14 ADMIN TRANSFER LANDFILL 1010 Salaries $ 1,251,138 $ 421,477 $ 378,294 $ 451,367 1015 Overtime $ 48,000 $ - $ 35,000 $ 13,000 1020 Part-time $ 28,000 $ - $ 14,000 $ 14,000 1116 Supplements $ 10,000 $ 2,000 $ 4,000 $ 4,000 2100 F.I.C.A. $ 101,526 $ 32,243 $ 32,688 $ 36,595 2200 Retirement-VRS $ 164,689 $ 59,049 $ 42,404 $ 63,237 2204 Retirement-City $ 13,665 $ - $ 13,665 $ - 2202 Deferred Comp.Match $ 18,200 $ 3,250 $ 6,500 $ 8,450 2300 Hospitalization $ 219,284 $ 54,575 $ 81,388 $ 83,321 2310 Dental $ 11,159 $ 1,993 $ 3,985 $ 5,181 2400 Life Insurance-VRS $ 15,517 $ 5,563 $ 3,995 $ 5,958 2401 Life Insurance-City $ 1,028 $ - $ 1,028 $ - 2500 Long Term Disability Ins. $ 3,879 $ 1,307 $ 1,173 $ 1,399 2510 Short Term Disability Ins. $ 1,500 $ 500 $ 500 $ 500 2700 Workers'Comp.Ins. $ 32,000 $ 867 $ 13,500 $ 17,633 2750 Retirement Health $ 2,821 $ 1,012 $ 726 $ 1,083 Insurance Credit 2800 Termination Pay $ 10,000 $ - $ 10,000 $ - 2810 Cash-in FLP $ 24,050 $ 16,474 $ 4,800 $ 2,776 2830 Employee Benefits $ 48,400 $ 6,607 $ 13,214 $ 28,579 TOTAL PERSONNEL $ 2,004,856 $ 606,916 $ 660,861 $ 737,079 2013-2019 BUDGET 10 — Roanoke Valley Resource Authority P F IR S O]N TT FT POSITION # GRADE CURRENT PAY RANGE CEO 1 U Unclassified Operations Manager 1 37 $ 74,408 to $ 110,566 Environmental&Safety Manager 1 33 $ 61,215 to $ 90,962 Business Manager 1 30 $ 52,880 to $ 78,577 Operations Supervisor 2 27 $ 45,680 to $ 67,878 Administrative Assistant 1 24 $ 39,460 to $ 58,635 Senior Equipment Operator 2 23 $ 37,581 to $ 55,843 Motor Equipment Operator II 13 19 $ 30,918 to $ 45,943 Building Maintenance Mechanic 1 19 $ 30,918 to $ 45,943 Motor Equipment Mechanic 1 19 $ 30,918 to $ 45,943 Administrative Secretary 1 17 $ 28,044 to $ 41,672 Motor Equipment Operator I 2 17 $ 28,044 to $ 41,672 Scale Operator 1 16 $ 26,708 to $ 39,687 Scale Operator/Office Assistant 0 16 $ 26,708 to $ 39,687 Laborer/Operator 0 13 $ 23,071 to $ 34,282 TOTAL SALARIES 28 $ 1,251,138 6/30/2013 Adjustments: $ - Market 0.0% $ - Performance 0.0% mid-point $ - $ 1,328,467 $ - Reclass(s) $ - Total $ - TOTAL ADJUSTED SALARIES $ 1,251,138 • 2013-2014 BUDGET — 11 — Roanoke Valley Resource Authority P iH1 SG 1r r\ II-III EMPLOYEE BY LOCATION 1 ! u POSITION # GRADE ADMIN. TRANSFER LANDFILL CEO 1 U 1 0 0 Operations Manager 1 37 1 0 0 Environmental&Safety Manager 1 33 1 0 0 Business Manager 1 30 1 0 0 Operations Supervisor 2 27 0 1 1 Administrative Assistant 1 24 1 0 0 Senior Equipment Operator 2 23 0 1 1 Motor Equipment Operator II 13 19 0 4 9 Building Maintenance Mechanic 1 19 0 1 0 Motor Equipment Mechanic 1 19 0 0 1 Administrative Secretary 1 17 0 1 0 Motor Equipment Operator I 2 17 0 1 1 Scale Operator 1 16 0 1 0 Scale Operator/Office Assistant 0 16 0 0 0 Laborer/Operator 0 13 0 0 0 TOTAL EMPLOYEES 28 5 10 13 2012-2013 BUDGET — 12 Roanoke Valley Resource Authority f XPENS FS OPERATING 2013-2014 BUDGET Roanoke Valley Resource Authority OPERA I ING CODE DESCRIPTION FY12-13 FY13-14 JUSTIFICATION 3004 Medical Exams $ 1,000 $ 1,000 Physical exams for new employees; drug and alcohol random testing 3007 Contract Services $ 212,402 $ 214,706 Employee Assistance Program: $16.28(x 27 employees $ 440 . Groundwater Monitoring *Drinking Water Sampling 24 Q$609 $ 14,616 *Monitoring Wells 6 wells;2 events/year $19,000/event= $ 38,000 Norfolk Southern Rail Inspections $ 1,000 Stormwater Discharge *Permit Sampling 1 samples x$2,750 $ 2,750 Gas Monitoring Quarterly @$1,300 $ 5,200 . Monthly®$1,275 $ 15,300 Title V Sr e-GGRT $ 13,000 Clean Valley Council 12 months $ 51,000 Landscaping $245/month $ 2,940 Tire Disposal-300 Tons $70.00+Fuel Surcharge $ 23,000 Copier Rental $622/month $ 7,460 HHW Disposal $ 40,000 3011 Janitorial Service $ 8,700 $ 9,900 Services for all Facilities $825/month $ 9,900 3012 Exterminating Services $ 1,200 $ 1,200 T.S. -$50/month $ 600 S.G. -$50/month $ 600 3013 Professional Services $ 78,600 $ 78,900 Auditing Services $ 13,000 Legal Services $ 48,500 Engineering Services $ 9,000 Software support $ 2,400 '" Outside Legal $ 4,000 Leachate sampling $ 2,000 3029 Municipal Waste $1,938,398 $2,035,194 N S tons shipped 143,900 62 tons/car = 2,321 3.9% increase 1,800 cars:$924/car $ 1,663,200 521 cars:$714/car $ 371,994 Total $ 2,035,194 2013-2014 BUDGET _ 13 Roanoke Valley Resource OPER I ell9G CODE DESCRIPTION FY13-14 JUSTIFICATION ADMIN TRANSFER LANDFILL 3004 Medical $ 1,000 Physical exams for new employees; $ 1,000 $ - $ - Exams drug and alcohol random testing 3007 Contract $ 214,706 Employee Assistance Program: Services $16.28 Q x 27 employees $ 440 $ 81 $ 163 $ 196 Groundwater Monitoring *Drinking Water Sampling 24©$609 $ 14,616 $ - $ - $ 14,616 *Monitoring Wells 6 wells;2 events/year $19,000/event= $ 38,000 $ - $ - $ 38,000 Norfolk Southern Rail Inspections $ 1,000 $ - $ 500 $ 500 Stormwater Discharge *Permit Sampling 1 samples x$2,750 $ 2,750 $ - $ - $ 2,750 Gas Monitoring Quarterly©$1,300 $ 5,200 $ - $ - $ 5,200 Monthly @$1,275 $ 15,300 $ 15,300 Title V Si e-GGRT $ 13,000 $ 13,000 Clean Valley Council 12 months $ 51,000 $ 51,000 $ - $ - Landscaping $245/month $ 2,940 $ - $ 2,940 $ - Tire Disposal-500 Tons $96.00+Fuel Surcharge $ 23,000 $ - $ 23,000 $ - Copier Rental $622/month $ 7,460 $ 7,460 $ - $ - HHW Disposal $ 40,000 $ 40,000 3011 Janitorial $ 9,900 Services for all Facilities Service $825/month $ 9,900 $ 3,000 $ 3,000 $ 3,900 3012 Exterminating $ 1,200 T.S.-$50/month $ 600 $ - $ 600 $ - Services S.G.-$50/month $ 600 $ - $ - $ 600 3013 Professional $ 78,900 Auditing Services $ 13,000 $ 13,000 $ - $ - Services Legal Services $ 48,500 $ 48,500 $ - $ - Engineering Services $ 9,000 $ 9,000 $ - $Software support $ 2,400 $ - $ 2,400 $ - Outside Legal $ 4,000 $ 4,000 $ - $ - Leachate sampling $ 2,000 $ 2,000 3029 Municipal $2,035,194 N S tons shipped $ 143,900 Waste 62 tons/car = 2,321 $ - 1,800 cars:$924/car $ 1,663,200 521 cars:$714/car $ 371,994 $ - Total $ 2,035,194 $ - $2,035,194 $ - 20132014 BUDGES 14 Roanoke Valley Resource Authority QJ? 'FR IL IN G CODE DESCRIPTION FY12-13 FY13-14 JUSTIFICATION • 3030 Waste Water Freight $ 120,400 $ 143,000 Leachate Cars 200 Cars CO$715 $ 143,000 3035 Stone Car Freight Charge $ 13,720 $ 14,280 Stone Cars 20 Cars @$714 $ 14,280 3101 Temporary Help $ - $ - Buildings and grounds maintenance 3202 Repairs/Office Equipment $ 1,000 $ 1,000 Maintenance and repairs to office equipment 3204 Repairs to Vehicles $ 5,500 $ 6,500 Maintenance and repairs to all road vehicles 3206 Repairs to Data $ 4,600 $ 4,600 Maintenance and repairs to Processing all data processing equipment 3208 Repairs to Buildings S 100,000 $ 100,000 Maintenance and repairs to all buildings and Grounds and property;pump stations,septic tanks. 3209 Repairs to Other $ 170,000 $ 170,000 Construction Equipment Equipment Off Road Vehicles $ 135,000 Tipper $ 10,000 Railcars $ 5,000 Miscellaneous Equipment $ 20,000 Tub Grinder,Seeder,etc. 3530 Printed Forms $ 2,600 $ 2,600 Letterhead,envelopes,cards, scale tickets repair orders, purchasing forms includes General Counsel 3610 Advertising $ 4,500 $ 4,500 Personnel,RFP,bids,public hearings,etc. 3620 Public Information $ 850 $ 850 Handouts $ 150 User Brochures $ 400 HHW Brochures 5 200 Miscellaneous $ 100 2013-2014 BUDGET 15 Roanoke Valley Resource O P H { JL UNG CODE DESCRIPTION FY13-14 JUSTIFICATION ADMIN TRANSFER LANDFILL 3030 Waste Water Freight $ 143,000 Payments to NS to haul leachate from $ - $ - $ 143,000 Smith Gap 3035 Stone Car Freight $ 14,280 Payments to NS to haul stone to Smith $ - $ - $ 14,280 Charge Gap 3101 Temporary Help $ - Buildings and grounds maintenance $ - $ - $ - 3202 Repairs/Office $ 1,000 Repairs to computers at TS&SG $ 1,000 $ - $ - Equipment 3204 Repairs to Vehicles $ 6,500 Maintenance and repairs to all road $ 3,700 $ 1,000 $ 1,800 vehicles 3206 Repairs to Data $ 4,600 Maintenance and repairs to $ 4,600 $ - $ - Processing all data processing equipment 3208 Repairs to Buildings $ 100,000 Maintenance and repairs to all building. $ 10,000 $ 45,000 $ 45,000 and Grounds and property;pump stations,septic tanks. 3209 Repairs to Other $ 170,000 Construction Equipment Equipment Off Road Vehicles $ 135,000 $ - $ 40,000 $ 95,000 Tipper $ 10,000 $ - $ 10,000 Railcars $ 5,000 $ 5,000 $ - Miscellaneous Equipment $ 20,000 $ 5,000 $ 15,000 Tub Grinder,Seeder,etc. 3530 Printed Forms $ 2,600 Letterhead,envelopes,cards,scale $ 2,600 $ - $ - tickets repair orders,purchasing forms includes General Counsel + 3610 Advertising $ 4,500 Personnel,RFP,bids,public hearings, $ 4,500 $ - $ - etc. 3620 Public Information $ 850 I landouts $ 850 $ - $ - User Brochures HHW Brochures Miscellaneous 2013-2014 BUDGET 16 Roanoke Valley Resource Authority OPERA Ji I NG CODE DESCRIPTION FY12-13 FY13-14 JUSTIFICATION 3625 Promotional Articles $ 400 $ 400 Recycling handouts,pens, pencils,miscellaneous items 3630 Special Events $ 3,500 $ 3,500 Annual Employee Functions& Customer Appreciation Day 4600 Central Services $ 63,000 $ 63,000 Administrative services, Roanoke County/Roanoke City for data processing, accounting,web update,miscellaneous 5110 Utilities-Electricity $ 67,404 $ 67,404 Transfer Station $2,000/month $ 24,000 Smith Gap Landfill $3,617/month $ 43,404 5121 Utilities-Heat-Fuel $ 28,000 $ 28,000 Transfer Station Natural Gas $ 6,000 Smith Gap Landfill Propane Gas $ 22,000 5141 Water Service-Transfer $ 8,500 $ 10,000 Water&Sewer Service for Transfer Station Station 5142 Sewer Service-Transfer $ 14,000 $ 20,000 Sewer Service Station Leachate-Smith Gap $ 20,000 5210 Postage $ 4,500 $ 4,500 Postage for all mailings and correspondence, postage meter rent,includes General Counsel 5230 Telephone $ 5,000 $ 5,700 Telephone service to both facilties, &long distance calls 5233 Internet Lines $ 5,520 $ 5,520 Fees for internet service at Smith Gap Landfill 5235 Cell Phones $ 4,500 $ 4,500 Service for cell phones 2013-2014 BUDGET 17 Roanoke Valley Resource Authority OPERATING CODE DESCRIPTION FY13-14 JUSTIFICATION ADMIN TRANSFERLANDFILL 3625 Promotional Articles $ 400 Recycling handouts,pens, $ 400 $ - $ - pencils,miscellaneous items 3630 Special Events $ 3,500 Annual Employee Functions& $ 3,500 $ - $ - Customer Appreciation Day 4600 Central Services $ 63,000 Administrative services, $ 63,000 $ - $ - Roanoke County/Roanoke City for data processing, accounting,web update,misc. 5110 Utilities-Electricity $ 67,404 Transfer Station $ - $ 22,000 $ 45,404 $2,083/month Smith Gap Landfill $3,000/month 5121 Utilities-Heat-Fuel $ 28,000 Transfer Station $ - $ 6,000 $ 22,000 Natural Gas Smith Gap Landfill Propane Gas 5141 Water Service- $ 10,000 Water Sr Sewer Service for Transfe $ - $ 10,000 $ - Transfer Station Station 5142 Sewer Service- $ 20,000 Sewer Service $ - $ - $ 20,000 Transfer Station Leachate-Smith Gap 5210 Postage $ 4,500 Postage for all mailings and $ 4,500 $ - $ - correspondence,postage meter rent,includes General Counsel 5230 Telephone $ 5,700 Telephone service to both facilites $ 5,700 $ - $ - &long distance calls&fax lines 5233 Internet Lines $ 5,520 Fees for internet service®S.Gap $ - $ - $ 5,520 5235 Cell Phones $ 4,500 Service for cell phones $ 4,500 $ - $ - 2013-2014 BUDGET 18 — Roanoke Valley Resource Authority OJP JFIR A I JkNG CODE DESCRIPTION FY12-13 FY13-14 JUSTIFICATION 5302 Property Insurance-Eire $ 45,000 $ 30,000 Coverage for all buildings,contents, and equipment 5305 Motor Vehicle Insurance $ 14,500 S 10,000 Insurance for on-road vehicles 5307 Public Officials Insurance $ 500 $ 500 Insurance through VML or VACO pools 5308 General Liability Ins. $ 12,000 $ 10,000 Coverage for all facilities&property 5410 Rent of Equipment $ 5,280 $ 5,280 Rental of Miscellaneous Equipment Heavy Equipment Emergency Equipment 5501 Travel-Mileage $ 500 $ 500 Use of personal vehicles for RVRA business,staff,and Board Members 5503 Travel-Lodging $ 5,500 $ 7,500 Out of town conference lodging,SWANA, VML,legal conferences, including meals 5504 Conference $ 2,000 $ 3,000 Conference registrations;SWANA,VML, legal conferences 5520 Dinner Meetings- $ 3,000 $ 3,000 Monthly Board meetings,dinners, and Luncheons luncheons associated with RVRA 5540 Training&Education $ 4,000 $ 4,000 Operator training for hazardous materials, certification,miscellaneous 5601 Contributions $ 402,000 $ 402,000 Payments per contract to: Roanoke County $ 300,000 Roanoke City $ 100,000 Volunteer fire and rescue $ 2,000 2013-2014 BUDGET 19 Roanoke Valley Resource Authority OPERA PING CODE DESCRIPTION FY13-14 JUSTIFICATION ADMIN TRANSFERLANDFILL 5302 Property Insurance- $ 30,000 Coverage for all buildings,contents, $ 6,000 $ 8,100 $ 15,900 Fire and equipment 5305 Motor Vehicle Ins. $ 10,000 Insurance for on-road vehicles $ 2,400 $ 2,300 $ 5,300 5307 Public Officials Ins. $ 500 Insurance through VML or VACO pools $ 500 $ - $ - 5308 General Liability Ins. $ 10,000 Coverage for all facilities&property $ 3,800 5 3,100 $ 3,100 5410 Rent of Equipment $ 5,280 Rental of Miscellaneous Equipment $ - $ 2,640 $ 2,640 Heavy Equipment Emergency Equipment 5501 Travel-Mileage $ 500 Use of personal vehicles for RVRA $ 500 $ - $ - business,staff,and Board Members 5503 Travel-Lodging $ 7,500 Out of town conference lodging, $ 6,500 $ 500 $ 500 SWANA,VML,legal conferences, including meals 5504 Conference $ 3,000 Conference registrations;SWANA,VML $ 2,500 $ 250 $ 250 legal conferences 5520 Dinner Meetings- $ 3,000 Monthly Board meetings,dinners,and $ 3,000 $ - $ - Luncheons luncheons associated with RVRA 5540 Training Si Education $ 4,000 Operator training for hazardous $ 2,000 $ 1,500 $ 500 materials,certification,miscellaneous 5601 Contributions $ 402,000 Payments per contract to: $ - $ 100,000 $ 302,000 Roanoke County $ 300,000 Roanoke City $ 100,000 Volunteer fire and rescue $ 2,000 2013-2014 BUDGET 20 Roanoke Valley Resource Authority OPERA 3l 3l1 a G CODE DESCRIPTION FY12-13 FY13-14 JUSTIFICATION 5801 Dues $ 1,700 $ 2,100 Professional&Association dues: SWANA,SWVSWMA, &IAAP Returned check fees and misc. fees 5815 Warrants and Fees $ 31,200 $ 31,200 DEQ annual fee--$30,000 Collection fees$1,200 5823 Employee Recognition $ 6,000 $ 6,000 Awards and Certificates 5850 Miscellaneous Operating $ - $ - No programs planned 6010 Office Supplies $ 4,500 $ 3,500 Office paper,pens,pencils,folders,etc. 6011 Photocopies $ 400 $ 400 Miscellaneous Photocopies 6013 Small Equipment& $ 23,000 $ 23,000 Small items of office and shop equipment Supplies and supplies, tools,miscellaneous 6040 Medical Supplies $ 500 $ 500 Supplies for first aid kits&medicine cabinet 6050 Janitorial Supplies $ 3,000 $ 3,400 Supplies for general cleaning&sanitation 6071 Radio Parts $ 4,000 $ 4,000 Communications Equipment&Fees 6080 Gas,Oil,Grease $ 390,000 $ 390,000 Fuel for all equipment and vehicles, includes oil,lubricants 6091 Tires,Tubes,Parts $ 70,000 $ 70,000 Replacement and maintenance parts and supplies for all equipment and vehicles 6130 Uniform and Wearing $ 11,200 $ 18,400 Safety Shoes $ 3,000 Apparel Rain gear,shirts,hats, misc. $ 5,500 Purchase of uniforms $ 8,800 mats&towels $ 1,100 2013-2014 BUDGET 21 Roanoke Valley Resource Authority OPERA I'I)r G CODE DESCRIPTION FY13-14 JUSTIFICATION ADMIN TRANSFERLANDFILL 5801 Dues $ Z100 Professional&Association dues: $ 2,100 $ - $ - SWANA,SWVSWMA, &[AAP Returned check fees and misc.fees 5815 Warrants and Fees $ 31,200 DEQ annual fee-$30,000 $ 1,200 $ 5,500 $ 24,500 Collectioin Fees$1,200 5823 Employee Recognition $ 6,000 Awards and Certificates $ 6,000 $ - $ - 5850 Miscellaneous Operatir $ - No programs planned $ - $ - $ - 6010 Office Supplies $ 3,500 Office paper,pens,pencils,folders,etc. $ 3,000 $ 250 $ 250 6011 Photocopies $ 400 Miscellaneous Photocopies $ 400 $ - $ - 6013 Small Equipment& $ 23,000 Small items of office and shop equipme $ - $ 11,500 $ 11,500 Supplies and supplies,tools,miscellaneous 6040 Medical Supplies $ 500 Supplies for first aid kits&medicine $ - $ 250 $ 250 cabinets 6050 Janitorial Supplies $ 3,400 Supplies for general cleaning& $ 3,400 $ - $ - sanitation 6071 Radio Parts $ 4,000 Communications Equipment&Fees $ - $ 2,000 $ 2,000 6080 Gas,Oil,Grease $ 390,000 Fuel for all equipment and vehicles, $ 14,000 $ 110,000 $ 266,000 includes oil,lubricants 6091 Tires,Tubes,Parts $ 70,000 Replacement and maintenance parts am $ 2,000 $ 29,000 $ 39,000 supplies for all equipment and vehicles 6130 Uniform and Wearing $ 18,400 Safety Shoes $ 125 $ 1,000 $ 1,875 Apparel Rain gear,shirts,hats,misc. $ 3,500 $ 1,000 $ 1,000 Purchase of uniforms $ - $ 3,350 $ 5,450 mats&towels $ - $ 550 $ 550 2013-2014 BUDGET 22 Roanoke Valley Resource Authority OP IN A f[ IJN G CODE DESCRIPTION FY12-13 FY13-14 JUSTIFICATION 6202 Subscriptions $ 200 $ 200 Professional magazines and manuals 6203 Books $ 200 $ 200 Miscellaneous books and manuals 6211 Code Books $ - $ - Miscellaneous legal code books 6501 Other Operating $ 35,000 $ 35,000 Disinfectants,deodorizers,salt for roads, Supplies gravel and stone for roads,seed,mulch fertilizers and lime for seeding slopes, fill areas and other areas,miscellaneous office supplies 6503 Fire Equipment and $ 1,200 $ 1,200 Fire hoses&extinguishers replacements& Supplies and for annual inspections for both facilities 6510 Safety Equipment $ 2,000 $ 2,000 Dust mask,safety glasses,etc. 9670 Unappropriated Balance $ 49,327 $ 50,845 For unexpected expenditures 1.25% TOTAL OPERATING $3,995,501 $4,118,479 2012-2013 BUDGET 23 Roanoke Valley Resource Authority OPERATING CODE DESCRIPTION FY13-14 JUSTIFICATION ADMIN TRANSFER LANDFILL 6202 Subscriptions $ 200 Professional magazines and manuals $ 200 6203 Books $ 200 Miscellaneous books and manuals $ 200 $ 6211 Code Books $ - Miscellaneous legal code books $ - $ 6501 Other Operating 5 35,000 Disinfectants,deodorizers,salt for $ - $ 5,500 $ 29,500 Supplies roads,gravel&stone for roads, seed,mulch fertilizers&lime for seeding slopes,fill areas and other areas,miscellaneous office supplies 6503 Fire Equipment and $ 1,200 Fire hoses&extinguishers $ - $ 600 $ 600 Supplies replacements &and for annual inspections for both facilities 6510 Safety Equipment $ 2,000 Dust mask,safety glasses,etc. $ - $ 1,000 $ 1,000 SUB-TOTAL $ 38,600 $ 400 $ 7,100 $ 31,100 TOTALS PAGES 13-24 $349,216 $2,491,687 $1,226,731 9670 Unappropriated Balance $ 50,845 For unexpected expenditure 1.25% $ 4,365 $ 31,146 $ 15,334 TOTAL OPERATINC $4,118,479 $353,582 $2,522,833 $1,242,065 2013-2014 BUDGET 24 Roanoke Valley Resource Authority IHXP IHNS KS CARL!AL 2013-2019 BUDGET Roanoke Valley Resource Authority CAPI I AL, CODE DESCRIPTION FY12-13 FY13-14 JUSTIFICATION 8101 Machinery&Equipment $ - $ - New 8102 Machinery&Equipment $ - $ - Replacement 8201 Furniture, Office $ - $ - Equipment New 8202 Furniture,Office $ - $ - Equipment Replacement 8302 Communications $ - $ - Equipment Replacement 8402 Small Capital Outlay $ - $ - Replacement 8701 Technology $ - $ 14,000 Landtec Gem 2000 or equivalent Equipment-New 8702 Data Processing $ - $ - Equipment Replacement 8705 Computer Server $ 12,000 $ - 8902 New Building $ - $ - TOTAL CAPITAL $ 12,000 $ 14,000 2013-2014 BUDGET 25 Roanoke Valley Resource Authority — EXP ENS1ES RESERVES 2013-2019 BUDGET Roanoke Valley Resource Authority R IES E I' VIES CODE DESCRIPTION BALANCE DEPOSIT EXPENSE BALANCE JUSTIFICATION 7/1/2013 FY13-14 FY13-14 06/30/14 924500 Landfill Closure $5,736,752 $ 300,000 52,754,000 $ 3,282,752 As required by State and Federal Regulations to close Smith Gap Landfill 925010 Equipment $ 74,863 $1,100,000 $1,151,000 $ 23,863 For replacement of Reserve Fund equipment per equipment replacement schedule. 925020 Groundwater $ 500,000 $ - $ - $ 500,000 Groundwater Protection Fund protection fund per local permit. 925030 Landfill Host $ 150,787 $ 10,000 $ 50,000 $ 110,787 As per local permit. Community Intranet/property Improvement Fund 925040 Property Value $ 443,193 $ - $ - $ 443,193 As per local permit. Protection Current fund is adequate based on anticipated sales. 925050 Future Site $1,650,118 $ 500,000 $ - $ 2,150,118 For future construction Development of the landfill No planned expenditures 925065 Capital $ 253,066 $ 190,000 $ 350,000 $ 93,066 For maintenance and Improvement improvements to the Fund facilities. See Reserves 00840- Contingency $1,010,334 $ - $ 406,405 $ 603,929 For unexpected expenses 0929 Reserve and for tipping fee Fund stabilization TOTAL RESERVE $9,819,113 $Z100,000 $4,711,405 $ 7,207,708 FUNDS 2013-2014 BUDGET 26 Roanoke Valley Resource Authority RIFS Y ES CODE DESCRIPTION JUSTIFICATION DEPOSIT ADMIN TRANSFER LANDFILL FY13-14 924500 Landfill Closure As required by State $ 300,000 $ - $ 10,000 $ 290,000 and Federal regulations to close Smith Gap Regional Landfill 925010 Equipment For replacement of S 1,100,000 $ - $ 390,170 $ 709,830 Reserve Fund equipment per equipment replacement schedule. 925020 Groundwater Groundwater $ - $ - $ - $ - Protection Fwd protection fund per local permit. 925030 Landfill Host As per local permit. $ 10,000 $ - $ - $ 10,000 Community intranet/property Improvement Fund 925040 Property Value As per local permit. $ - $ - $ - $ - Protection Current fund is adequate based on anticipated sales. 925050 Future Site For future construction $ 500,000 $ - $ - $ 500,000 Development of the landfill No planned expenditure 925065 Capital For maintenance and $ 190,000 $ - $ 95,000 $ 95,000 Improvement improvements to the Fund facilities. 00840- Contingency For unexpected expense $ - $ - $ - $ - 0929 Reserve and for tipping fee Fund stabilization TOTAL RESERVE $2,100,000 $ - $ 495,170 $ 1,604,830 FUNDS 2013-2014 BUDGET 27 Roanoke Valley Resource Authority TPPING IF F BREAKDOWN 2013-2014 BUDGET Roanoke Valley Resource Authority T]I 7I l tl G FEE BREAKDOWN Y N ALL OPERATIONS CATEGORY ADMIN LANDFILL TRANSFER TOTAL PERCENT PERSONNEL $ 606,916 $ 737,079 $ 660,861 $ 2,004,856 24% OPERATIONS $ 353,582 $ 1,256,065 $ 2,522,833 $ 4,132,479 50% DEPOSITS AND $ - $ 1,604,830 $ 495,170 $ 2,100,000 25% RESERVES TOTAL $ 960,497 $ 3,597,973 $ 3,678,864 $ 8,237,335 100% PERCENTAGE 12% 44% 45% 100% TRANSPORTATION CATEGORY LANDFILL TRANSFER TOTAL PERCENT MUNICIPAL FREIGHT $ - $ 2,035,194 $ 2,035,194 25% LEACHATE TANKERS $ 143,000 $ - $ 143,000 2% STONE $ 14,280 0 $ 14,280 0% TOTAL $ 157,280 $ 2,035,194 $ 2,192,474 27% 2% 25% 27% Required Tipping Fee Deposits from Contingency funds allow Municipal $ 50 per ton for a lower tipping fee charge. Commercial $ 60 per ton - -- - - - - - - _- - 2013-2014 BUDGET 28 Roanoke Valley Resource Authority U 11 J' O1UGH 1'\ OAD LANDFILL 2013-2014 BUDGES Roanoke Valley Resource Authority Ii Ur II I-Ihj OIJG H ROAD CODE DESCRIPTION EY12-13 FYI3-14 JUSTIFICATION Beginning Balance $3,026,379 $1,992,879 Anticipated Balance July 1,2013 July 1,2012 Expenditures-Budgeted $1,049,500 $ 290,500 All Post Closure Care Activities Interest $ 16,000 $ 16,000 Estimated Interest Income from Investments ESTIMATED BALANCE $1,992,879 $1,718,379 2013-2014 BUDGET 29 Roanoke Valley Resource Authority RU TROUGH®UGH ROAD CODE DESCRIPTION FY12-13 FY13-14 JUSTIFICATION 3007 Contract Services $ 105,000 $ 87,000 Groundwater Monitoring Lab Analysis-2 Events $ 42,000 Gas Monitoring Quarterly $1500/Event $ 6,000 Gas Extraction System $ 18,000 monitoring Cap Maintenance $ 10,000 miscellaneous seeding, grading,E&S control care Air Emissions $ 11,000 Corrective Action $ - Plan 3013 Professional Services $ 810,000 $ 64,000 Engineering Services Groundwater Sampling 2 Events @$22,000 $ 44,000 Groundwater Assessment $ - Program Miscellaneous $ 10,000 Lift Station-Engineering $ - Legal Services $ 10,000 3208 Repair and Maintenance $ 125,000 $ 130,000 Disposal of Leachate $ 120,000 Road Maintenance Stone $ 10,000 5110 Utilities-Electricity $ 6,500 $ 6,500 Electric Service for Blower/Flare Station 5230 Telephone $ - $ - Included in internal services 5815 Warrants&Fees $ 1,000 $ 1,000 DEQ Annual Pee 5850 Miscellaneous $ 2,000 $ 2,000 advertisement and bottled gas. 6302 Property Insurance $ - $ - Coverage for Flare Station and Associated Equipment 8101 Machinery &Equipment $ - $ - 9808 Transfer to RVRA $ - $ - Operations TOTAL $1,049,500 $ 290,500 2013-2014 BUDGET 30 Roanoke Valley Resource Authority • APP IHND1X 2013-2014 BUDGET RESOLUTION OF THE ROANOKE VALLEY RESOURCE AUTHORITY Adopted this 27th day of March 2013 RA#2013-626 A RESOLUTION approving the Authority's annual budget for fiscal year 2013-2014 and authorizing submittal of such budget to the governing bodies of the Charter Member Users for approval. BE IT RESOLVED by the Roanoke Valley Resource Authority that: 1. The fiscal year 2013-2014 Annual Budget for the Roanoke Valley Resource Authority as set forth in the report and accompanying attachments by the Chief Executive Officer dated March 27, 2013, and submitted to this Board is hereby approved; and, 2. The Authority Chair is authorized on behalf of the Authority to submit the fiscal year 2013-2014 annual budget and related documents to the governing bodies of the Charter Member Users, being the County of Roanoke, the City of Roanoke, and the Town of Vinton, for approval in accordance with the requirements of the Roanoke Valley Resource Authority Members Use Agreement, dated October 23, 1991, as amended. On motion of Ms. Snyder to adopt the resolution, seconded by Mr. Harkness, and carried by the following recorded roll call vote: AYES: Mr. Bengtson, Mr. Harkness, Mr. Lawrence, Ms. Snyder NAYS: Ms. Green, Ms. Owens ABSENT: Mr. Tensen p ^^_ y^ ATTEST: v V ° �`l L elik7 ICs Deborah T. Charles RVRA Board Secretary � J-' CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 15, 2013 Subject Annual Budget - Roanoke Valley Resource Authority I would like to sponsor a request from Daniel D. Miles, Chief Executive Officer of the Roanoke Valley Resource Authority, for City Council to approve its Fiscal Year 2013-2014 annual budget. Christopher P. Morrill City Manager Distribution: Council Appointed Officers apm Brielins # I Arts and Cultural Plan Sustainable Funding Research April 15 , 2013 ionJ Arts and Cultural Plan ` • Approved by City Council in August - 2011 as part of Comprehensive Plan • Arts and Cultural Plan is also tied to the BFO priorities • • Plan Implementation Committee of • Roanoke Arts Commission working with City Planning Department • Of 43 action steps we have implemented or = begun implementation of 20 so we are on target as this is a 3-5 year plan Imp �� BUILDIN BLOCKS A. Livable Communities — People, Education, Vibrant Region — Engaged Lifelong Learning Healthy Economy Neighborhoods �;. is A. Vibrant Region — Healthy Economy Key Action Step "Study and recommend funding strategies to sustain arts and cultural organizations including dedicated funding sources , united arts fund drive , assets district, funder collaboration" . Progress to Date • The City Manager asked the Roanoke Valley Alleghany Regional Commission (RVARC) to conduct the funding research as part of their 2013 FY work plan • David Trinkle was appointed as the Council Liaison and David Wine as the private liaison to ACT Committee. • Ideas were solicited from the Executive Directors of the Arts and Cultural Organizations in Oct. 2012 • The committee met with Executive Directors in February 2013 • A team of volunteers from the ED meeting agreed to develop a survey to assess the sustainability needs of the organizations • RVARC completed the research in March and a funding committee developed a recommendation • Recommendation presented to Mayor's ACT group on March 15, 2013 • Simultaneously both David Wine and Council Member Trinkle have met with individual stakeholders to begin discussions Key Components of RVARC Research • National , state and local trends in arts and cultural funding • Research national funding models United Arts Funds Assets Districts Cultural Districts • What model might work in Roanoke Valley at this point in time? Hybrid of the Above? Endowment? Nationally - Giving To Arts and Culture Has Declined Foundation and Corporate Giving to Arts and Culture, 2000-2010 Index Year:2003= 100% 160% 140% 120% ` � — a 100% — ------- 80% 60% 40% 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Foundation Giving Corporate Giving Source.Index data come directly from Americans for the Arts'(AFTA)National Arts Index.To calculate the indices.AFTA used data from the Conference Board and the Foundation Center. Note An index is a standardized measure that tracks change in a variable tram rMfhet point in time For example,the graph shows that total foun- dation giving m 2006 was 119%of total foundation giving in 2003:and total corporate giving in 2004 was 93%of total corporate giving in 2003. Where Virginia Stands • State and federal support for ads has declined over the last decade. Virginia ranks about 30th in funding for arts and cultural programs. About 20 states have more than double the per capita investment in arts and cultural initiatives . VIRGINIANS FOR THE ARTS State of Virginia Funding • Long term goal of VFTA is to reach one dollar per capita funding • State funding rose to $.69 per capita in 2002 • By 2004, after a series of cut, funding dropped to $ .34 per capita • Since 2004, there were small funding increases until 2010 when there was another cut in funding • That amount of funding has remained level for the past 3 funding years RVARC Capacity Study Gave Local Picture • Conducted in 2011 • Analysis of arts and culture capacity for the Roanoke Valley. • Compared the Roanoke Metropolitan Statistical Area (MSA) to several peer MSA's. • The following table is a summary which shows a key finding, that the Roanoke MSA has a high per capita revenue value for arts and cultural funding . • It is likely that the high capita revenue is not sustainable, especially in an economy with flat growth . • • • • S — The table below shows that the Roanoke region has been very supportive of the arts but is skewed by a large influx of revenue to the Taubman Museum. This high capita revenue is not sustainable. Metro Arts and Culture Revenue and Net Assets Per Capita Asheville 42 412,672 $13,615,509 $33 $30,466,478 $74 $324,179 Charleston 16 304,212 $13,1K =x ah a girt' Chattanooga 26 524,303 $14,233,013 $27 $64,149,783 $122 $547,424 Roanoke 24 303,399 S17 419 . , x. ; Savannah 22 343,092 $17,017,586 $50 $77,646,872 $226 $773,527 Winston-Salem 32 484,921 $23,$89537 $49 $7594,284 ®"f '•Z.. u Notes:(1) Includes all non-profit arts and cultural organizations and institutions with available IRS 990 tax returns RVARC Research on United Arts Funds • Originated in 1949 • Similar to the United Way model • A regionally combined campaign to generate funding for multiple arts, culture or science organizations, conducted annually • Often initiated by local business leaders to minimize the number of individual funding requests they receive and ensure that arts organizations meet standards of quality and financial stability. • Primarily raise unrestricted operating support for the organizations they fund • Most have a workplace giving component Sampling of UAFs United Arts Funds Oklahoma City United Fund 1,322,459 $ 2,500,000 $ 1.89 Orlando United Fund, .;. 2, S. : , - :? Hartford United Arts Fund 1,188,241 $ 4,000,000 $ 3.37 Chattanooga Ignited Arts Fund =Erna= ?' ,`'It Charlotte United Fund* 1,758,038 $ 8,300,000 $ 4.72 Charleston, V.Unliecl nd 2,c `:` r, °' . ''t" a ✓:: Binghamton United Fund 251,725 $ 330,000 $ 1.31 Roanoke Metro Area Examples Roanoke, VA MSA 308,707 $ 926,121 $ 3.00 Roanoke, VA MSA 308,707 $ 617,414 $ 2.00 Roanoke, VA MSA 308,707 $ 308,707 $ 1.00 *excludes identified public funds Regional Assets Districts Research • Mechanism for raising revenue to pay for desired programs and services within a community or region. • Generally involve adding one-half to one percent onto an existing sales tax to generate additional revenue. • Concept is that the beneficiaries of regional projects and programs (i.e., the citizens of a community) pay an additional amount of taxes to help support improvements to the economic health and quality of life of a community or region. • Has worked in other areas because the increased revenue was tied to taxes paid by visitors to the region. National Models • Assets district is used in about fourteen ( 14) communities throughout the country • Can support numerous public initiatives, such as parks/recreation facilities, economic development projects (e.g. , stadiums), library facilities, cultural attractions, and tourism programs. • Additionally, there are 90 communities in the US that have planned or implemented cultural districts that utilize a taxing mechanism for the Arts. Asset District Examples • Scientific and Cultural Facilities District in 6 counties around Denver, supports cultural and scientific orgs. , . 1 % sales tax • Missouri Cultural and Performing Arts District, St. Louis City and County, supports arts and culture, up to 3/5% hotel tax • Allegheny Regional Assets District, Pittsburgh and County, supports civic, cultural , recreational, libraries, parks, sports facilities; 1 % sales tax Projections Asset District Sales Tax Projections Botetourt County $46,730,808 $116,827 $233,654 $350,481 $467,308 CraigCounty $2;961,345 $ d,. 0 -‘ / ir„ .. ' '; Franklin County $86,151,277 $215,378 $430,756 $646,135 $861,513 Roanoke County $255,072,699 $637,682 n.s.,^7 t . a , City of Roanoke $429,768,283 $1,074,421 $2,148,841 $3,223,262 $4,297,683 City of Salem $125,698,210 $314246 :Et ° °s o,9'tu� tt ' . Total $946,382,622 $2,365,957 $4,731,913 $7,097,870 $9,463,826 Source:Weldon Cooper Center for Public Service, 1st quarter of 2012 Executive Summary- RVARC Study • Funding of arts and cultural organizations faces challenges in the Roanoke Valley, as well as nationally, due to the economy, changing giving and consumption patterns, and reduced government support. • Several indicators also show that the demand for arts funding is high in the Roanoke Valley, but may not be sustainable in the long term. • A variety of approaches is required to ensure the success of the arts and culture institutions in the Valley. • A United Arts Fund would be easier to create, with cooperation from participating institutions; however, the funding stream would be somewhat limited based on our research of existing funds in other cities. • An asset district could provide a steady revenue stream, but faces political hurdles in implementation in today's economy. It also requires General Assembly authorization. • Cooperation and multiple approaches are required to sustain funding and develop product to retain vibrant arts and cultural assets to enhance the quality of life in the Roanoke Valley. Recommendation of Arts Commission and Funding Committee • It would be difficult in this economic and political climate to establish an assets district. However, the research we have on the effectiveness of this regional model has convinced the task force to "keep it on the back burner". • The best option for our region at this time would be a hybrid United Arts Fund model where local government would dedicate funds and the private community would match. Demonstrating the strategic importance of these assets would be necessary to motivate the investment. • We would need to demonstrate that new funding sources are involved to get arts and cultural organizations on board. New dollars, consistent dollars, and a regional policy that confirms the importance of the assets in the future should all contribute to their buy-in. • A threshold of support should be determined that allow these assets to be sustainable so growth can focus on quality. Sustainability Survey -Results just in and are being analyzed Fourteen Organizations Responded • Capital Needs Capital Revenue FY 2014 - $24 million $9.5 million FY 2015 - $4.5 million $8.6 million $20 million in unmet capital needs • Operating Needs FY 2013 Current Operating Budgets - $7.3 million Current Operating Expenses - $10 million $2.7 million current operating gap • Program Expenses pay for themselves in most cases • Organizational Development (staff & board training, software & hardware upgrades) Funded at 43% of where they would like to be • Total Endowment (9 Organizations) - $13,557,500 • Total Cash reserves (8 Organizations) - $2,770,141 Funding by City of Roanoke - Ten Year History • Capital Funding - Total of $ 8,898,400 over last ten years H igh of $2,837,200 in 2007 (included $2,500,000 to Taubman) to low of $199,667 in 2009 • Operational Funding - Total of $3,894,505 over last ten years H igh of $637,817 in 2008 to low of $240,050 in 2005 Funding by City of Roanoke - Ten Year History Continued • Program Funding through RAC application process — Total of $3, 194,667 over last ten years High of $403,436 in 2005 to low of $269,220 in 2013 • Total funding from the City of Roanoke over last ten years in all 3 categories - $15,987,572 Why Now • Operational Funding is needed now more than funds for new facilities • New funds have been invested in the Roanoke Valley Convention and Visitors Bureau so we need to invest in the collateral they are marketing • We need to foster greater collaboration among the arts and cultural groups • With the loss of The Arts Council of the Blue Ridge there is no longer a central coordinating force and the endowment organization could fulfill that need • Arts and culture is losing its market share of philanthropy to other charities such as human services and health. This decline started before the economic slowdown and the rate is now about 4.5% of all giving. Nationally, this slight decline of .4% equates to $1 billion in funding over the past decade. Suggested Hybrid Structure • Develop a public private endowment which could then fund capital, operational or programming • Have a vetted application process as the Arts Commission now uses for program funding. • City could withhold a portion of operating and capital funding for X number of years to place in an endowment • Maintain the program funding through the Arts Commission process until the endowment is running • Admissions tax collected by the a and c organizations could go back into the endowment (except for that collected at the Roanoke Civic Center which goes to the facility for maintenance) Private Side of Partnership • Afford everyone the opportunity to support the overall arts and cultural community. • Insure sustainability of the impact the arts and cultural organizations have on the regional economy, quality of life and education • Increase the pool of donors through use of new and innovative technologies • Greater opportunity for planned giving Questions To Be Answered • Can we redirect the portion of the admissions tax collected by these agencies? • Would payroll deduction or another mechanism be acceptable to businesses? • Could we increase a local tax for X years to build the endowment faster? • Who would administer a public/private endowment? • How would the governing body be chosen? • Do we understand the economic, educational and quality of life benefits of our arts and cultural industry? Next Steps Half day session with local and national speakers to discuss the concept Period of public input Continue analysis with executive directors and their boards RVARC and RAC continue to gather data needed on educational and economic impact of arts and culture Proposal back to City Council in fall of 2013 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C.Taylor Municipal Building > 215 Church Avenue,S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone (540)853-2333 Far_ (540)853-1138 City Web: www.roanokeva.gov April 12, 2013 Mayor Bowers and Members of City Council: The FY 2014-2018 Recommended Budget has been balanced and totals $260,033,000. I am happy to report that each of the items which exceeded the Price of Government on April 1s`, totaling $1 ,086,112, has now been included in the Recommended Budget. Balancing of the budget was accomplished through a combination of revenue estimate increases and expenditure adjustments which are noted below. Balancing Adjustments Since the April Pt budget briefing, revenues have increased by $1 ,026,000. The categorical adjustments are noted below and more detail is provided in the attached briefing materials: General Property Taxes $573,000 Business License Tax 125,000 Other Local Taxes 40,000 Health and Welfare Funding from Commonwealth 235,000 Charges for Services 15,000 Miscellaneous Revenue 38,000 TOTAL $1 ,026,000 In addition to the increase in revenue, expenditure adjustments were necessary to balance the FY 2013-2014 budget as noted below: Increase in funding for Roanoke City Public Schools 295,200 Human Services Committee 409,052 Travel Policy Administration 26,484 Parking Contract 8,400 SWM Physically Challenged Program 222,349 Outside Agencies 419,827 -Virginia Amateur Sports - $56,000 -Center in the Square - $285,760 -Roanoke Valley Sister Cities - $10,800 -Roanoke Community Garden Association - $10,000 -Virginia Cooperative Extension - $57,267 Restore full allocation for Total Action for Progress 40,000 Star City Reads (incremental funding for full-time 9,202 position) Technology Capital 50,000 Budget Contingency (to 1/2 of 1% level) 125,884 Radio Capital debt refunding savings (43,365) Civic Facilities debt refunding savings (67,658) Motor Fuel savings (250,000) Retirement Health Savings assumptions (85,657) Unfunding of 2 positions (Billings & Collections) (133,718) Attached to this correspondence is the recommended budget presentation for your Monday, April 15'h 2 p.m. session. Changes to offer totals reflect the balancing adjustments noted above. Individual copies of the complete Recommended Budget document itself will be placed on the dais on Monday afternoon for your reference. I trust that this information is responsive to the direction given on April P'. If you have any questions in advance of Monday, feel free to contact me or Amelia Merchant. Sincerely, 7 /® aiteigk Christopher P. Morrill City Manager C: Council Appointed Officers 2 FY 2013-2014 Recommended Budget e' April 15, 2013 ROANOKE FY 2013-2014 Budget • Recommended budget is balanced and meets the priorities established by Council • Budget Totals-$260,033,000 - Increase of$7,113,000 or 2.8% - No increase in real estate or other local tax rates - Maintain current levels of core services with limited service enhancements - Includes 2%base pay increase for employees • Behind in the market by 5% - Includes market adjustment for Maintenance Worker III,sworn Police personnel and uniformed Fire-EMS personnel and compression mitigation - Includes 1%salary increase with off-setting 1%employee contribution to Retirement Health Savings Account(RHSA)for all 2 employees participating in City of Roanoke Pension Plan 1 Balancing Challenges Non-Discretionary • Affordable Care Act requirements • Medical, Dental Employer Contributions • Retirement Health Saving Account (RHSA) establishment Focus Areas • Maintaining Current Levels of Core Services with Limited Service Enhancements • Employee Compensation 3 Management of Budget Balancing • Focus on achieving outcomes • Limited growth in Technology Capital • No growth in other Capital areas: — Fleet Replacement — Capital Building Maintenance • Continuation of restrictive managed hiring process 4 2 Price of Government Revenue Estimate by Major Category Fiscal Year 2014 Other A6% tan Tex (In Millions) ex , • Real Estate Tax $ 78.7 \ Mbm p Ter. e Intergovernmental 65.7 ,p.,rr / a% Other Local Taxes 54.5 Test Other Property Taxes 26.7 Sales Tax 20.0 Other Revenue 14.4 TOTAL $ 260.0 Other Laol Merton 5 $1 .0 Million Increase in FY14 Revenues over April 1 , 2013 Estimate FY14 FY14 Estimate $Growth %Growth Estimate Category as of 4,11/13 (Decline) (Ceclinet as of4115/13 General Property Taxes $ 104815000 $ 573.000 0.5% $ 105.386.000 Ouslress License Tar 12.370.000 125.000 1.0% I2495,000 Oilier Local Tenn 61,993.000 40,000 01% 63023000 Pants Fees&Licenses t0A000 00% 1.031000 Fines and ForKOUres 1,592.000 0.0% 1,582000 Revenue from Abnn Lisa ney a Properly 214000 en 00% 214,000 Heath and welfare Funding from commonueann 27.110.000 235,000 09% 21305.000 Other Fundtg from Federal end Stale 319077.000 - 00% 38.377000 Charges for 9emces 11.00400 15.000 01% 11,015000 Miscellaneous Revenue 512,000 38,000 7A% 550.000 Tole!General Fund Revenues $ 259007.000 $ 1,026000 04% $ 260,033,000 6 3 $7.1 Million or 2.8% Increase in FY14 Revenues over FY13 Adopted Budget FY13 FY14 Adopted F Growth %Growth Estimate Category Budget (Decline) (Decline) as 014/15/13 General Ropety legs S 103709,000 S 1599.000 15% 5 105 368090 Other Local Taxes 71.231000 328)090 a6% 74518,000 Pemlls Fen d UCenses 1013.000 21,000 31% t 014.000 Flues and FOd4L4OS 1 392 000 200.000 144% 1 592000 Revenue from Use of Money 6 PrgwM 210.000 4.000 1 9% 21400 Intereovernmweel Revuues 61415,000 1,311000 20% 65722,000 Onryes(cc SsSces 7.767,000 741.030 95% 8,508.000 Internal Services 7632,000 (125,000) 47%) 2,507.000 Miscellaneous Revenue 471000 79000 160% 550.000 Total General Fund Revenues S 252920 000 5 7113090 28% 5 260033030 7 $1 .7 Million Increase in FY14 School Funding over FY13 Adopted Budget Adeptel 141.8114.41 tGreg)48 CeuVM1 r autism 6 Ewing 7 9 R 7, 9 F7 P40-4544 Prt T.elR,en sstbJ 1-8888814,I�.°. 103 046500 107.211000 730 500 % " sem,8481 Ira., 04808,1401 144884 d r AIN 8.841 44 Kr 817 IP 617 150 -ocaIrosesSed851d PI Peg°sal Th4°58881580 474 000 rvA0ree aO0Ca, 40 818 40 0044 40 Ou8 -0P4 84140 8418541 8410014 8458 Ape steC Peve nu-84548 to 51.885 844 541544 I al 92A 0C' I ea.52F 18 789111 88 286 GCS 1MNRaecn ie une $ 72,770.N0 a 74211200 F 285200 a 74.606.400 PerCelltIncrnie nom Adopted Budge 2 448 9 4 Recommended Fee* Adjustments *No recommended increase in any local taxes Fee Title Current Proposed Fee/Rate Incremental Description Fee/Rate Revenue Court Costs to Support $3 $5 $30,000 Court cost Local Cnminal Justice assessmentfor Academy nuction of appplicabletraeic or charge Copy Fee•Pnnts $025 $0 50 <$500 Fee for olor Omits Reel Estate Aflida3t and SO $25 $1.700 Recording fee List of Heirs Fee Market Garage— $0 $3 N/A Establish Overnight Rate Overnight Rate 9 Reserved & Non-Ranked Allocations Transfer to Debt Service $13,225,490 Personnel Lapse(Salary,FICA,Retirement) ($2,078,633( Budget Contingency $1,301,511 Other(Medical,Dental,Civic Center Subsidy W/C,Misc Contingencies. $11,780.868 Budget Reserves.Line of Duty,Memberships.Capital Contributions Salary Adjustments $2,000,000 TOTAL $26,229,236 10 5 Budget Committee Review Fleet Capital $1,913,250 Radio Capital $450,341 Technology Capital $600.000 Total $2,963,591 11 Priority Allocations $36„7,,.. 6 74 fo sw „ % r•�,v9192.627 e l are 1 $£ei562 O49Ue 74+,% xt#re 11412E 54 mn c $17 F06544 [,mm 01051 muary l,or 4 0 45 700 le 147 12 6 Education WYhkr Price of Government ;75998345 Roanoke CityPWlic Schods $74506,400 LibraryCommunity htama0on Centers $1,068,681 Sommer Reading Camp $41080 Library EadyLiterecy Services $149986 Librarysentces K-12 $125778 -Star City Reads-All America City H6a8w(Sopdemerta0 $56071 Lifelong Learning $50429 Not Recommended to Remain within Price of Government ;60 029 Libraries Expanding Access to Roanoke's History- (SLppletneriall $60929 "Notes incremental increase in service level 13 Safety Within Price of Government 362 915 872 Police Patrol $10,223,165 Police Investigation $3,404,890 Traffic Signals $639,490 Building Safety/inspections $614,206 Police Administrative Services $1,958,689 ^C rime Analyst(fa rmerly grant funded) $46,429 Police Supportand Records $1522,491 Police Academy $645,379 Emergency Management $100,742 Jail Operations $13,117,823 Fire Preventiorllnspectior/investigation $528640 ”Administrable Assistant Ill(Supplemental) $17653 Signs and Pavement Markings $638,393 Street Lighting $1,135,989 Fire-EMS Training Division $522,304 Police School Resource Officers $511,107 DARE Program $201,951 14 7 Safety (continued) Within Price of Government(continuedi 911 Operations 52,848803 Fire and Emergency Medical Services Operations $15,387.804 Sheriffs Office Operations 53,284.231 Roanoke City Victim Witness Program(Commonwealth Attorney) $31,835 Office of the Magistrate 56.985 Drug Prosecutor(Commonwealth Attorney) 534.057 City Prosecutors(Commonwealth Attorney) $1.535,352 Residential Juvenile DeteNIOn $1,089701 Fire/EMS-Support and Administration Services $659,779 —Fire-EMS Automation Coordinator(Supplemental) $23,215 Administrative Support of Juvenie&Domestic Relations District Court $35.405 Police Animal Control 8 Protection $463 308 Regional Center for Animal Control and Protection 5738 000 Administrative Support of Roanoke City General District Court $32.890 Roanoke Emergency Medical SeMCes(REMS) $100000 Enhanced Community Services(VJCCCA) $69.879 Support Circuit Court Judges $483.782 Outreach Detention/Electronic Monitonng 5253904 15 Safety (continued) Not Recommended to Remain within Price of Government $492000 Traffic Signals-Controller/Cabinet&LED Replacement 5492.000 16 8 Human Services Within Price of Governmerp $34 657 244 Benefit Programs Crvision $5352 573 Human Service Support S111,723 Enployment Services Programs SI A04.961 Social Services-Services $14221673 Comprehensive Services Act $10359.081 Probation.Parole and Intake Services $34540 Youth Haven $597,140 Substance Abuse Counselor $51,871 Homeless Assistance Team HUD Grant Match $40320 Social Services Administration SI AB1,503 Foster Parent Training SI 92.807 Human Services Corrrrittee $409.052 Not Recommended to Remain Wthln Price of Government SIl 17 Infrastructure Wihm Price of Government $20495200 Paving Program $3181375 ^Paing Program(Supplements) $281000 Street Maintenance $1.187249 Virginia DepaLnent of Transportation-Local Funding $195,100 Badge Safety Inspection Program $227,978 Stormveter Infrastructure Maintenance 8 Po ltMon Prevention (Transportation Division) $827252 "Stormwaler lnfrastructwe Martenance(Supplemental) $25286 "Roanoke Rr r Project Bench at and limning WM Maintenance New Offer) $131833 Median and Right of Way Landscape tMntenance $1321437 Fadldies Management-FNAC $958368 Facildles Management-Mechanical Maintenance $631,665 Library Technology and Inravlipn $31.800 Development Review B Inspection $163549 Environmental Infrastructure Management $48,830 Sidewalk Repair and Mlntenance $372898 IS 9 Infrastructure (continued) wthin Price of Government(continued) Environmental Compliance and Best Management Practice $158.024 Bndge Rehabilitation and Renovalron $622,381 Snow Removal $110,597 Technology Infrastructure Support $1,876 825 Fleet Maintenance and Repair $241],]27 RadioTechnology Supp ort $649]97 Civic Center HVAC FTe'ant.e Maintenance $142,946 Map and Graphics Production(Engineering) $70.516 Fleet Maar Fuel $50,915 Alley Maintenance $429,159 Factlltes Management-Contracts and Service Agreements $322,644 Facilities Management-Municipal Complex Maintenance $50,856 Facilities Management-Structural Matntenance $763,931 Facilities Management-Custodial Senices $659308 Facilities Management-City Utilities and Work Order Management $1,013,70 Geographical Information Systems $318,710 SWM Containers and Distribution $115416 Capital Project Management Services(Engineering) $766134 Fleet Vehicle Wash Program $33,00 Stomiweter and Flood Rain Management $180,280 19 Infrastructure (continued) Not Recommended to Remain within Price of Government $987455 Medan and Right of Way Landscape Maintenance-Addtional Temporary Seasonal Lana $22,253 Me)a HVAC Equipment Replacement 5300,000 Stomwater Management INPDES) 550,000 Sidewalk Repair and Maintenance Supplemental 5200,000 Environmental Management Compliance-Adf inistrative Asst Ill l (Supplemental) S35,202 1%for Elke/Ped Accamdations 5100,000 City Jail Flooring(Supplemental) 5125000 Corrpuler Room Upgrade(Supplemental) 5155000 20 10 Good Government Within Price of Government ;15,6006 594 Real Estate Taxation $1994,930 Other Local Trust Taxes $124152 Rental Center $197,258 Business Applications Spp01t 51122,446 Safety Training/Loss Prevention and Control $55404 Taxation Programs Commonwealth of Vrgirva $179170 Risk Management and Worker's Compensation Administration 5739324 Auto and General Liability Claims Administration $58080 Leadership,Managemert and Oversight $756.091 Accounts Receivable Biting and Collections Services $228.044 Procurement SeMces $393903 Retirement Plans Administration $376537 Human Resources-Sala Administration $198520 Legal Counsel $917098 Business License Taxation 5299794 Personal Property Tax Administration $888,531 Miscellaneous Revenue Collections and Administration $110269 Set Off Debt Collection $57,907 Cash Management and Investment Services $210217 21 Good Government (continued) MIND Prte or onvemment lag_Wlm, Accounts Payable $300.555 Budget Development 5281274 Payroll $253,324 Budget Administration $107,310 Fund Accounting 8 Fvancial Reporting $874175 Coordinate Annual Independent Audit of City CAF R 5182,398 Handle Collection of Cowl Costs and%or Fines for the Roanoke City Coons $81864 Technical Support and Administrative Services to Constituents $422,238 Board of Equalization $11,546 Fraud.Waste and Abuse Hotline $88.960 Human Resources-Benefits Administration $147,577 Public Information Make City News Accessible and Promost the City of Roanoke $107.125 Click of Circuit Cowl-Performance of State Mandated Duties $1553084 Performance Auditing $337092 Contract Management Services $13,411 RVTV Roanoke Valley Television $210,144 City Council $242810 Human Resources-Employment Services $282,998 Voter Registration Services $113.235 Human Resources-Employee Health Services $831425 22 11 Good Government (continued) Within Price of Government(contlnuedt Capital and Financial Planning $157.397 Proide Management.General Administrative and Departmental Support $168623 Conduct of Elecims-LmllStatelFederal $207,607 "Increase in Hourly Rate for Poll Workers 513,635 Audit of Sbaifs Office Internal Controls 53,100 Human Resources-Talent Management $393,149 ^Human Resources-Tale t Management Training Specialist (Reallocation) $22,001 Travel Policy Administration $20484 Palling Contract 584W Not Recom mended to Remain within Price of Government 1238 128 Purchasing-Additional Staff Request(Supplemental) $86972 Human Resources-Additional HR Malyst Staff Request(Supplemental) $5R722 Communications-Additional Staff Request(Supplemental} $48,429 Registrar-Additional Staff Request(Supplemental) $28,833 Registrar-One-Time gems 518,172 23 Livability Within Price of Government $14 726 349 Planing 8 Urban Design Service $805,468 Traffic Engineering,Transportation Fanning,and Project Mgmt $496,432 Code Enforcement 51 079,166 Park Management $790,214 "Park Management-(Supplemental) $14,816 Landscape Management $885,848 "Landscape Management-(Supplemental) $28,833 Urban Forestry $847845 "urban Forestry-(Supplemental) $12,456 Libraries-Books and Materials $553,750 "Books and Materials-(Supplemental) $30,000 Outdoor Education 8541,869 Community Recreation $825,023 Neighbahmd Library Services $1119,147 Athletics and Aquatics $857,573 "Athletics and Aquatics-(Supplemental) $20494 SWM Central Business District Trash/Recycling Collection $201003 SWM Recycling Collection $524296 24 12 Livability (continued) Wthin Price of Government kpntinuedi MBIINborwd Sppon $16.404 "NNgMmlood&mon-Pad Time maim Asst I Poitllon(SppbmeMll $14924 SWM'sib Cdedon 12104,266 "AttomS.d Conlairer R.pSc.menlSuplemerM) 515.367 SWM COkRm Smetlws $168.W1 HACareM Admoitrebon art riemely&Opereted lousy Programs 825.750 SMABnon cokconteercasalon 8271490 C an Mtn ly SushdrebilltyPrOarammirg 5193,235 St11A Bulk CokAOn 51.036315 swot Cyrus lcet gentian $3.725 SNMPMkr CralbgedPro,am 8223349 Not Recommended to Remain within Price of Government 8212,575 Bodnar Edirsim-Supplemental $129.070 CtenmeltyRamallon-Si plemMel 871505 -storic Tax Credit ApplicationAssisfiance f1 SW0 25 Economy Within Price of Government 122011.874 Economic Development-Business B WOMorce Development 81174704 Economic Development-Asset Promotion tor Economic Development 862,712 Billings and Collections-Onsbeet Parking Enforcement,Adminisba0on, and Collections $235.645 Economic Development-Asset Development for Economy 897,409 Economic Development-Percent for the Arts and Arts Commission Staff and Operating Support 847,444 Padang Fund-Parking Services $9B pea Roanoke Ads Commission-Asset Development for Economy and Education $269220 Planning,Building,and Development-Brownfield Redevelopment Program 826177 N9t Recommeniled to Remain within Price of Government $2 26 13 • Outside Agencies Within Price of Government $4429,195 Health Department $1,473,975 Blue Ridge Behavioral Health $448,890 DRI-Special Evert Permitting $135,000 **Taubman Museum(partially funded) $70,000 Greenway Commission $39,700 Mill Mountain Zoo $33,120 Virginia Western Community College $10,062 Miss Virginia Pagent $12,000 Roanoke Valley Horse Show $3,600 NCAA Championship $2,880 Roanoke Regional Partnership $201,216 27 Outside Agencies (continued) Within the Price of Government(continued] Total Action for Progress $160,000 Convention and Visitors Bureau $1,255,651 **Convention and Visitors Bureau(allocation to 3%) $153,474 **Roanoke Small Business Development Center $10,000 Virginia Amateur Sports $56,000 Center in the Square $233,260 **Center in the Square/Harrison Museum $52,500 Roanoke Valley Sister Cities $10,800 **Roanoke Community Garden Association $10,000 Virginia Cooperative Extension(base reduction) $57,267 28 14 Outside Agencies (continued) Not Recommended to Remain within Price of Government $414,523 Mountain View Humane Society $48,866 Tri-County Lake Commission $1,000 Virginia Cooperative Extension(base reduction/no increase) $17,695 Virginia Amateur Sports(no increase) $4,000 Roanoke Community Garden Association(partially funded) $10,000 Roanoke Valley Sister Cities(no increase) $1,200 Center in the Square(no additional increase) $107,467 Blue Ridge Behavioral Health(no increase) $184,295 Taubman Museum(partially funded) $30,000 19 Pension Plan Cost of Living Adjustment (COLA) • Effective this year, Cost of Living increase for retirees is formula based • 2/3 of Consumer Price Index-Urban • not to exceed active employee pay raise • capped at 4% • Retiree COLA will be 1.4% for eligible members effective July 1, 2013 • Funding provided via annual Pension Plan contribution rate 30 15 Capital Project Planning • Maintain Current Capital Assets • Infrastructure Investment for Livability and Economic Development • Bridge Renovation/Replacement • Curb,Gutter and Sidewalk • Streetscape Projects • Storm Drains • Civic Center • School Maintenance • Targeted Livability Investments • Parks and Recreation Master Plan • Libraries Investments made within parameters of debt policy. 31 Recommended Debt Issuance FY 2014-2018 n ow 214 HI, 200E 2147 2011 TOW Roamie City Public Schools 35000000 $ 000000 Se}00100 55 000000 55000000 $5.500.030 Bridge RwnWbn 1.800.000 3000000 5$50000 6900000 3100000 521.250.030 L lbmyMe9er%•n 2000000 2000000 3.140.000 3.000000 2240000 $13.790.000 P&R Master PM 1000000 1000000 1000000 2.00000 2500000 00030.000 CMC Ceder 1000000 1000000 1000000 1000000 1000000 55000.000 slomrMerM•rtgemml 1.120000 1.120000 1120000 1120090 1120000 S.600.000 EImMOd Perk enmmemanh 2000000 Cub.GYler and Sldewk Program 750000 1000000 1.000.000 1000000 1000.000 24.750.00 S hut Seaga 500000 500.000 500000 31.500.00 FIre Faclitymbger Plan - 750000 - - $750.000 Rail Passerner Masbutae 600000 3,000.000 2$00000 - - $6,100000 Roanoke Poke Academy Expansion 250000 $250000 BroaNVd 1000000 1.000.000 - - 52000000 Toltl $10020000 $20270000 $24410000 $20530000 516460000 31002a0000 Plan includes additional$3.5M for RCPS in FY 2016. 32 16 Debt Service as a % of Total Expenditures 9 76% 9$74 9)5411 Ofla 919% Debt /".3% —7—nn .00a U ' ' 00% II U < Final Yea 2013 2014 2015 2016 2017 2018 2019 city Debt Service($mil) 515.5 $149 $145 $16.1 $157 $170 517.8 Schools Debt Satire($mil) 515.9 $155 $148 $155 $15.0 $149 $144 Total Debt Semce($mi) 531.4 $30.4 $293 $31 5 $30.7 $318 $42.2 Capital Contribution Recommendations • Jefferson Center - $500,000 - $100,000 annually for 5 years — Disbursement contingent upon raising equal amount of funding • Virginia Museum of Transportation - $500,000 - $100,000 annually for 5 years — Contingent upon securing funding amounts from other local governments 34 17 FY 2014 Cash Funding for One-Time Expenses Amok Excess Deb Reinke FU91no S1 681]M Market Mandrel Project WN-of PN(eE DMlapmen Costa $630033 Roanoke UMO Pealed CloaeON Se5dp00 TMµFUNONO $1,164,037 Anima AsmltianCtl Science Museum MWsamVlglga 15th ofsl allnets) 100.000 NuOSOn Museum of Moan Amenun011bn(5tM1 et InSlalmerist 100.000 YMCA of Roanoke VNby(2rS of 5 Instalments) 100,000 Veglna Mmun of TV¢po)Lean Os)015 IBIannens Ot$100000) 100.000 Jelhnen Caner 119 or Instalments MS1000001 100400 GnerIHN ern Tnlb 200.000 Mantel D1SM Mptonmens 333500 RCM OreIroge PASO 327.000 Gust Match COnlnserry 200,000 Capital Repel COrOpency 500000 Capital AMIN MtltleM¢•,Abel Replecemen,Ted-Amboy nodal.Ono PATIN Otter Cbenenpommllme Expenses 1104.337 TOTAL 3,166,837 35 Budget Calendar -Budget Public Hearing •April 25, 2013 •7:00 p.m. (Council Chamber) •General Fund and HUD •Council Briefing/Budget Study •May 6, 2013 •9:00 a.m. (Council Chamber) •Budget Adoption •May 13, 2013 •2:00 p.m. (Council Chamber) 36 18 FY 2013-2014 Recommended Budget April 15, 2013 ROANOKE 19 oR.4.4 o INFORMATION ONLY CITY COUNCIL REPORT To: Honorable Mayor and Members of City Council Date: April 12, 2013 Subject: FY 2014 CDBG/HOME/ESG Funding Recommendations Attached for your review are materials and information related to the proposed FY 14 HUD Community Resources Annual Plan Update and related budget. This proposed budget was developed based upon review of agency applications for funding, committee and staff review of proposals, City policy on use of HUD funds, and the City of Roanoke's 2010-2015 Consolidated Plan. The FY 14 plan projects $1 ,732,138 in new entitlement funds, a reduction of $323,084 from the FY 13 total of $2,055,222 (15.7% overall reduction). Combined with program income and use of prior years' unused or reallocated funds, total revenues are projected to be $2,923,381 , a significant reduction from the current FY 13 budget of $3,787,767. Of the HUD funds projected for FY 14, $1 ,629,500 (55.7%) are specifically directed toward the West End Target Area. Each project to be funded complies with the objectives of City Council in the 2010 Policy on HUD Funds and fits into one of the five categories of priorities. Staffs recommendation targets the allocation goals of CDBG funds for each category as well as stays within HUD imposed limits on use of funds for human services and administration / planning categories. There were no economic development projects submitted for FY 14, with Housing Development making up 79.8% of total proposed expenditures. Neighborhood Development as a percentage is down to 5.1%, but many of the neighborhood Development Grants under this category in past years will now be categorized as administrative or planning functions and will be reflected in that category. 2013-2014 CDBG Distribution (Non Administrative) Category Amount Priority % Overall % Housing Development $1 ,325,250 50.0% 79.8% Economic Development $ 0 25.0% 0.0% Human Services 1 $ 251 ,750 13.0% 15.2% Neighborhood $ 83,997 11 .5% 5.1% Development Homeless Services $ 0 0.5% 0.0% TOTAL $1,660,997 100.0% 100.0% Below is a table showing the overall distribution of all HUD funds to the various categories, including Planning & Administration. Note that in accordance with federal law, all HOME funds are used to support affordable housing (and allowable administration) and ESG funds are restricted solely for services to homeless persons or the prevention of homelessness. 2013-2014 CDBG, HOME and ESG Distribution Projects Overall % Category Amount Funded of Funding Housing Development $2,082,250 14 71 .1% Economic Development $ 0 0 0.0% _ Human Services $ 251 ,750 6 8.6% Neighborhood $ 83,997 3 2.8% Development Homeless Services $ 123,900 4 4.2% Planning/Administration $ 381 ,484 13 13.3% TOTAL $2,923,381 40 100.0% HUD has a performance measurement system to focus on the outcomes of activities receiving CDBG, HOME and ESG assistance. Under this system, activities are categorized as to whether they contribute to one of three objectives: (1 ) Creating a Suitable Living Environment; (2) Creating Decent Affordable Housing; or (3) Creating Economic Opportunities. Activities are then further categorized in terms of whether these objectives lead to one of three outcomes: (a) Enhancing Availability or Accessibility; (b) Enhancing Affordability; or (c) Enhancing Sustainability: Promoting Livable and Viable Communities. A variety of output indicators apply to activities depending on their nature and purpose. The distribution of the funding for projects categorized by the three objectives of the HUD performance measuring system is shown in the following table. 2 HUD Performance Measurement Distribution Performance Objective Amount Suitable Living Environment $ 591 ,897 20.2% Decent Affordable Housing $1 ,950,000 66.8% Creating Economic $ 0 0.0% Opportunity Planning/Administration $ 381 ,484 13.0% Total $2,923,381 100.0% The following material is attached to provide more detail on the proposed use of HUD funds for FY 14: • An overview of CDBG, HOME and ESG funds. • A spreadsheet indicating the estimates of funds to be available for FY 2014, commitments against these funds, and projects recommended to be funded with the balance. • A spreadsheet and chart reflecting the changes to CDBG, HOME and ESG entitlement funding since 2008. The FY 14 HUD funds budget will be subject to public comment at City Council's public hearing scheduled for April 25, 2013 at 7:00pm. The recommendations for the FY 14 HUD funds budget were shared with the public at a community meeting held on April 4, 2013; and all applicants who applied to the HUD budget team requesting funds were notified by mail of the recommended funding levels at that time. A 30-day public comment period is presently underway to receive comment in addition to any comments that may be received during the upcoming April 25" public hearing. Adoption of the FY 2014 HUD funds budget by City Council would take place on May 13, 2013 at 2:00pm. Should you have any questions, please do not hesitate to contact me. BRIAN TOWNSEND Assistant City Manager Attachment 3 Distribution: Council Appointed Officers Amelia Merchant, Director, Management and Budget Christopher L. Chittum, Director, Planning Building and Development Keith Holland, Budget Team Leader, HUD Community Resources 4 CITY OF ROANOKE HUD ENTITLEMENT GRANTS FY 2013-2014 ANNUAL PLAN Overview The City of Roanoke anticipates receiving about$17 million or more in new funds annually from the U.S.Department of Housing and Urban Development(HUD)in three grants: Community Development Block Grant(CDBG),HOME Investment Partnerships (HOME)and Emergency Solutions Grant(ESG). Roanoke is an entitlement community under these HUD programs. This means that HUD funds are allocated to the City every year using a formula based on population, income levels,and other factors. The amount that the City receives then depends on how much Congress appropriates for the entire nation. HUD entitlement funding is also subject to the 5%reduction due to sequestration for the next Congressional Appropriation,which would be in addition to any cuts to HUD that Congress sees fit. CDBG CDBG funds have been allocated to the City since 1975 and can be used for activities ranging from housing to economic development and from job training to construction projects. For the 2013-2014 program year,the City estimates receiving$1.2 million in new CDBG funds. Preliminary allocations for FY 2013-14 reflect a reduction of current year CDBG funds by$220,481,a 15%decrease However,with carry-over and program income,the City estimates that a total of$2.0 million in CDBG funds will be available.CDBG funds are primarily intended to benefit low-and moderate-income persons and areas,though a limited amount can also be used for reducing slums and blight. The amount of funds that can be used for administration,planning and human services is also limited by regulation. HOME The HOME program is exclusively for housing to benefit those of low or moderate income, n, including rehabilitation, new construction, homeownership assistance and improvements to `- 555���.'.. 4 rental housing. The City has been receiving HOME funds since 1992. For the 2013-2014 °7 program year, the City estimates receiving $352,500 in new HOME funds. This represents a - C9 reduction of 20%($88,131)from current year allocations. Including carry-over and program €� il ,,tG jq, income,the City estimates that a total of$792,250 in HOME funds will be available. HOME - "sF- ' ....:.:.,. funds require a 12.5%match. At least 15%of each annual HOME grant must be invested in � °- qualifying projects conducted by Community Housing Development Organizations ("CHDOs'). ESG The HUD priorities for the Emergency Solutions Grants have changed from the former Emergency Shelter Grants thatthe city had previously received. The emphasis for use of these funds has shifted from providing for activities that assist homeless individuals and familiesto early intervention and prevention of homelessness. HUD has issued new rules for the distribution of these funds by entitlement communities,which are being assessed by city staff and the Roanoke Valley Council of Community Services. Total funding in FY 2013-2014 is expected to decrease to$130,257 from the FY 2011-12 entitlement of$144,729,a decrease of 10%. Available Funding: The total funding anticipated for Fiscal Year 2013-2014 from CDBG,HOME and ESG sources is$2,923,381,but relies heavily on prior year uncommitted or available funds of$1.1 million. The estimated amount by category is as follows: Category Description Available Funding CDBG 2013-2014 Entitlement Grant $1,249,381 2013-2014 Program Income 450,000 2013-2014 Local Funds(Administrative Use) 750 2012-2013 Carry-Over g 2012-2013 Excess Program Income 300,743 Subtotal—CDBG Funds Available $2,000,874 HOME 2013-2014 Entitlement Grants $352,500 2013-2014 Program Income 0 2013-2014 Local Funds(Match Use) 25,000 2012-2013 Carry-over 414,750 2012-2013 Excess Program Income 0 Subtotal—HOME Funds Available $792250 ESG: 2013-2014 ESG Entitlement Grant $130,257 Total 2013-2014 CDBG, HOME and ESG Funds Available $2,923,381 Allocation of Resources: The City's 2013-2014 Annual Update outlines the use of approximately$2.9 million in CDBG,HOME and ESG funds, including carry-over and anticipated program income. These funds will support an array of housing,homeless prevention,public services, and neighborhood and economic development activities,and planning and administrative costs associated with these activities. • Economic Development—No economic development projects were submitted. The Hotel Roanoke Section 108 Loan final payment will be made in April 2013, but one final payment of program income will be generated and applied to available revenue for 2013-2014. • Homeless Services-- $123,900 for homeless prevention and rapid re-housing through Emergency Solutions Grants for programming to be determined by the City's Continuum of Care Committee and HUD staff. • Housing Development--$2,082,250 for newconstruction and housing rehabilitation for homeownership,downpayment and closing costs assistance,and the rehabilitation of owner-and renter-occupied homes. • Human Services--$251,750 for services such as social services,after-school educational development,and other youth and family programs. • Neighborhood Development—$83,997 which includes$8,997 for grants to two (2) neighborhood organizations for small community improvement projects not otherwise categorized and$75,000 for infrastructure improvements targeted in the West End NRSA. Many neighborhood organizations submitted applications for training and capacity building. These costs will be covered as a planning function and paid from administrative funds to better comply with HUD regulations. • Planning and Administration--$381,484 for historic and other environmental review costs,costs to prepare an Analysisof Impediments to Fair Housing Choice and conduct fair housing outreach and education and staffing and operating costs incurred by the City to administer the CDBG, HOME and ESG funds. Distribution of Housing Funds: For 2013-2014,the City estimates its CDBG and HOME housing funds will be allocated as follows: • $557,500 for activities encouraging and facilitating the repair,maintenance,improvement or re-use of existing owner-occupied or rental housing. • $767,750 for activities encouraging and facilitating new homeownership. Project Locations: While some of the projects in the 2013-14 Annual Plan affect areas throughout the City of Roanoke,the City will be in the second year of a multi-year targeting of HUD resources to projects serving the West End Target Area and designated areas such as the City's Conservation Areas and Rehabilitation Districts. Lead Agencies: The HUD Community Resources Division of the City's Department of Planning,Building and Development is the lead organization for developing and administering the Consolidated Plan and the Annual Updates. Numerous City offices and departments and other public,nonprofit and community organizations conduct projects funded in whole or in part with CDBG,HOME or ESG funds. The specific projects, agencies and funding recommended for the 2013-2014 period are given in the following section. 2013-2014 Recommended Projects,Agencies and Funding: • African American Studies in Contemporary Issues (TAP) Funds to administer and monitor this program which targets freshman African American male students at William Fleming High School who are at risk of not completing high school. Students remain in the program throughout the school year. Funding provides staffing and program costs associated with the curriculum to those targeted students. (Requested $25,000. Recommended:$24,000). • Aspire Connect Program—Aspire 2016 Rites of Passage Program(Apple Ridge Farm, Inc.) Funding will provide for staffing to assist 100 students from five elementary schools, and tracked from the third grade, with the academic competencies, interpersonal skills and resources needed to be successful in middle school and achieve graduation from high school in June 2016.(Requested.$26,500 Recommended:$26,250) • Brain Injury Services Case Management(BISSWVA)Funds requested to provide case management services to city residents who have disabling brain injuries. Program seeks to provide support to qualifying individuals for home health care, rehabilitation services and job skills training. (Requested: $45,000. Recommended: $29,000) • Bridging the Gap to Unemployment(Goodwill Industries of the Roanoke Valley)Program proposed to provide job training and job retention support services to low-moderate income workers within the city.Also provide clinical wrap-around services such as short term child care,work clothing,transportation,emergency housing and utility payments,and financial literacy training to promote family and individual economic stability and selksuf iciency. (Requested $80,000; Recommended $0) • Code Enforcement(Dept.of Planning,Bldg and Dev.) Funds a portion of staff and other operating costs for City enforcement of the building maintenance and other codes in low-to-moderate income neighborhoods. (Current Year Funding$100,000. Recommended: $100,000) • Community Based Prevention Services (Department of Social Services) Funds for staff and out-stationing costs to increase the accessibility and use of child abuse and neglect prevention services and reduce the necessity of foster care placements. (Current Year Funding: $98,500. Recommended: $98,500) • Community Housing Resource Center(Council of Community Services)Provide homeless prevenfion services in the form of assistance with rental payments and/or securitydeposits to extremely low income families to prevent the family from becoming homeless. The CHRC will also provide rapid re-housing services in the form of assistance with first month's rent and/or security deposits targeted for chronically homeless families. (Requested$68,750; Recommended $55,000) • Demolition (Dept. of Planning, Bldg and Dev.) Funds to demolish vacant condemned structures in an advanced state of deterioration. (Current Year Funding: $50,000. Recommended$32,250) • Down Payment Assistance Program(Dept.of Planning,Bldg and Dev.) Funds for staffing and operating costs and project funds to provide 5-year forgivable,0%interest loans of up to$8,000 for down payment and closing costs to assist low/mod- income families to buy homes in the City. Despite success and meeting target goals, proposed funding to be cut due to reduced HUD funds. However,refocus efforts in 2013-2014 to target 25%of funds to West End Target Area as opposed to city-wide. (Current Year Funding$290,000. Recommended:$257,000) • Emergency Home Repair Program(Total Action Against Poverty)Limited and emergency repairs and weatherization services to low/mod-income owner-occupied single-family homes. Program requests to target 17 owner-occupied homes for emergency repairs,with 10 of these homes also receiving weatherization services. (Requested:$125,000 Recommended: $46,500) • Empowering Individuals with Disabilities(Blue Ridge Independent Living Center).Install special needs home improvements such as ramps and grab bars for 40 extremely low to low income homeowners with disabilities to meet independent living needs. (Requested:$106,000. Recommended: $81,250) • Energy Efficient Home Rehabilitation Program(Dept.of Planning,Bldg and Dev.)Funds for staffing and operating costs and project funds to provide loans of up to$46,000 for owner-occupied housing rehabilitation in West End Target Area. This program will be a market rate initiative with a repayment of 0%loans for rehabilitation. This program will ultimately produce program income and become self-sustainable over time.(Current Year Funding: $250,000. Recommended: $250,000). • Environmental Review Services(Dept.of Planning, Bldg and Dev.)Contracted environmental review services required by federal regulations prior to altering the appearance of housing or other structures with CDBG/HOME assistance. The costs of these services will be incorporated into the delivery services of applicable agency projects or through the Community Resources planning and administration account.(Current Year Funding: $10,000. Recommended: $0). • Fair Housing Outreach and Education(Dept. of Planning, Bldg and Dev.) Funds for fair housing outreach and education activities to build community awareness of the fair housing laws related to home sales,rentals and accommodations. Funds include a percentage of staffing costs to support the Fair Housing Board,but will be incorporated into Community Resources planning and administration account. (Current Year Funding:$15,000. Recommended: $0) • Family Advocates Program(Children's Trust) Funding to provide support services to the non-offending caregivers in cases of alleged child abuse, resulting in the greater protection and support for the alleged child victim. (Requested: $27,000. Recommended$27,000.) • Family Promise of Greater Roanoke (formerly Roanoke Valley Interfaith Hospitality Network) Essential services and maintenance/operation of the shelter; fuel and maintenance of the program's van; purchase of cots and bedding; client assistance funds; and housing security deposits.(Requested:$26,500. Recommended:$22,400) • FHLB Set-Aside Program(Freedom First Credit Unions Funds used to partially fund administrative costs to administer Federal Home Loan Bank of Atlanta(FHLB)Set-aside program for low to moderate income homeowners and homebuyers for down payment assistance, homeowner rehab for energy efficiency or rehabilitation for accessibility. (Requested $75,000; Recommended $0). • Historic Review Services (Dept. of Planning, Bldg and Dev.) Contracted historic review services required by federal regulations prior to altering the appearance of housing or other structures with CDBGIHOME assistance.The costs of these services will be incorporated into the delivery services of applicable agency projects or through the CommunityResources planning and administration account.(Current Year Funding:$10,000. Recommended: $0) • Hotel Roanoke Section 108 Loan Repayment(Department of Finance) The City will pay forward the last of the 20 annual payments by close of FY 12-13,reducing our liability in 2013-2014. However,program income generated from the Hotel for debt service will be paid fora final time in 2013-2014 so program income is still available for the year to fund other programs. (Current Year Funding: $502,203. Recommended: $0) • Housing Stabilization for Families in Need(Council of Community Services/Community Housing Resource Center).Funds to partially replace Homelessness Prevention and Rapid Re-Housing Program previously funded with ARRA grants. The program will use the CDBG funds to leverage additional resources to assist with homeless prevention and re-housing activities. (Requested: $50,000. Recommended $47,000) • HUD Administrative Funds (Dept.of Planning,Bldg and Dev.)Staffing and other operating costs associated with the general administration of the City's CDBG,HOME and ESG funds. Limits for each program are 20%for CDBG, 10%for HOME and 7.5%for ESG,although only 5%of administrative costs will be applied in 2013-2014. The maximum allowance is budgeted due to many planning and administrative activities previously separated out will be charged to this account to satisfy HUD reporting requirements(Current Year Funding: $272,000. Recommended: $381,484) • Infrastructure Improvements(City of Roanoke) CDBG funds used for public infrastructure improvements in West End Target Area,such as sidewalks,curb and gutters,storm water management,and streetscape improvements. (Current Year Funding: $0. Recommended $75,000). • Neighborhood Development Grant Program (Dept. of Planning, Bldg and Dev.) Provides for grants of up to $25,000 to neighborhood organizations in predominantly low-mod-income neighborhoods for eligible projects such as housing,crime prevention and public facilities and infrastructure projects.Activities related to training and capacity development of eligible neighborhood associations will be paid from HUD planning and administrative accounts.(Current Year Funding: $45,455. Recommended: $8,987) Applications were received from the following organizations: o Belmont Neighborhood Association o Fairland Civic Association o Loudon-Melrose Neighborhood Organization o Melrose-Rugby Neighborhood Forum o Northwest Neighborhood Environmental Organization o Northwest Neighborhood Improvement Council o Old Southwest Inc. o SE Action Forum • Property and Loan Portfolio Management (Roanoke Redevelopment and Housing Authority) Provides funding for the RRHA staffing,legal and other costs associated with disposing of properties and managing the portfolio of loans made with CDBG, HOME and other public funds received from the City. Services include maintaining vacant lots owned by RRHA intended for home site development(Current Year Funding: $5,000. Recommended:$0) • Roanoke Housing Partners Proposal(Habitat for Humanity, Rebuilding Together Roanoke, RRHA and TAP) Multi-agency collaboration to assist housing in the West End Target Area in first year of a multi-year approach (Requested: $1,805,880. Recommended: $1,067,750; as detailed below) o Owner-Occupied Rehabilitation(RTR) Basic rehabilitation services utilizing volunteer labor to address"safe, warm and dry"homeowner needs for low-income persons. Proposed goal of 10 homes in West End Target Area. (Requested:$85,000. Recommended$85,000) o Targeted Housing Preservation and Beautification Proiect (TAP) Program designed to assist low-income homeowners in West End Target Area with exterior improvements such as clearing overgrown lots,removal of trash and debris and demolition of dilapidated outbuildings. Intended to lessen adverse effects on surrounding properties, encourage new homeowner investment in target area and improve overall neighborhood appearance. Target of 15 homes. (Requested:$155,148. Recommended$0) o Consortium Outreach and Intake Specialist(TAP) Proposal to support wages for part-time personnel to serve as a liaison between West End Target Area residents and designated service providers of the Partnership, market opportunities to neighborhood groups,and determine eligibility for services. The part-time person would be under the supervision of full-time TAP staff to provide in-kind match. (Requested:$21,007. Recommended $0) o Rental Rehabilitation Loan Project(TAP) Funds to provide rehabilitation assistance to landlords within the West End Target Area,concentration on rental units of 5 or less per property. The program structure requires a 50% match for materials and labor for rehab work in exchange for one-year rent freeze. (Requested $427,725. Recommended: $90,000). o Homeownership Housing Development(Habitat) Funds for developing at least 8 single-family homes for sale through new construction or existing home rehabilitation, which may include lease-purchase. (Requested $1,117,000. Recommended$767,750) o West End Target Area Property Acquisition/Demolition(Habitat) Funds to acquire derelict structures in West End Target Area for rehabilitation by Habitat for new homeowner opportunities(includes 15%CHDO Reserves). (Requested 200,000. Recommended $125,000) • Roanoke Single Family Rehabilitation Program (Community Housing Partners)Acquisition, rehabilitation and resale of 5 foreclosed,abandoned,dilapidated or otherwise distressed homes in targeted neighborhoods,with the goal to convert below standard, vacant or rental housing units into newly renovated, energy efficient owner-occupied residences. (Requested $575,000; Recommended$0). • Strategic and Business Planning(Council of Community Services)Strategic planning services for development of an annual business plan for the Blue Ridge Continuum of Care and Interagency Advisory Council on Homelessness.(Requested$5,000; Recommended$0) • Summer 2013 Youth Rehab Program(Rebuilding Together Roanoke.) Funds for the 2013 summer youth activities,such as but not limited to Wodd Changers,to provide limited repairs to the homes of low-and moderate-income households outside of the target area. (Current Year Funding: $75,000. Recommended: $75,000) • Target Area Enhanced Bike Patrol Program (Roanoke City Police Department) Provides funding to deploy police officers on bicycles to respond to concerns of the residents and add to publicsafety and quality of life issues within the targeted West End Target Area neighborhoods. (Current Year Funding:$25,000. Recommended: $0) • Transitional Living Center(Total Action Against Poverty)Essential services and maintenance/operation of the shelter;building maintenance; furniture; equipment replacement and repair; transportation; resident healthcare and substance abuse prevention. (Requested$30,000. Recommended:$19,100) • TRUST House (TRUST, Roanoke Valley Trouble Center) Essential services and maintenance/operation of the shelter; property insurance;furnishings; drug testing; food; prescriptions and bus passes. (Requested: $35,000. Recommended: $27,400) • West End Center Youth Program(West End Center)Expansion of current social skills development program offered by West End Center to include counseling, mentoring and service learning. (Requested $25,000; Recommended $0) • West End Energy Efficient Rental Rehabilitation(Community Housing Partners)Program to perform energy audits and retrofits to improve efficiency and performance of 10 rental units in West End Target Area. (Requested $72,500; Recommended $72,500) • West End Residential Facade Program(Dept. of Planning, Building &Development)Provides 50%match up to$7,500 for façade improvements in WestEnd TargetArea. Current year program limits the pilot project to a small portion of target area, but program to be expanded throughout all of West End for2013-2014. This is a market rate program that is not limited to low-moderate income homeowners,and may be used on rental properties as well with owner match.(Current Year Funding $75,000; Recommended $100,000) 2013-2014 HUD Funding Recommendations Funding by Category: Economic Development $0 Homeless Services $123,900 Housing Development $2,082,250 Human Development 5251 750 Neighborhood Development $83,997 Planning and Administrative Costs $381 484 Total $2,923,381 Breakout-2013-2014 Funding for West End Target Area Revitalization Initiative: $1,629,500 i Project Name Agency Current Requested Recommended African American Studies in Contemporary Issues Total Action Against Poverty $25,000 $25,000 $24000, Aspire Connect Program Apple Ridge Farm,Inc $26,250 $26,500 $26,250 Case Management-Extended Services Brain Injury Services of Southwest Virginia $29,000 $45000 529.000 Code Enforcement Dept of Planning,Bldg 8 Dev. $100,000 $100,000 $100,000 Community Based Prevention Services Dept.of Social Services $98,500 $98,500 $98,500 Community Housing Resource Center Council of Community Services $0 $68,750 $55,000 Demolition Neighborhood Services $50,000 $50,000 $32,250 Down Payment Assistance Program Dept.of Planning.Bldg 8 Dev. $290,000 $290000 $257.000 Emergency Home Repair Total Action Against Poverty $125,000 $125,000 $46,500 Empowering Individuals wl Disabilities Blue Ridge Independent Living Center $81,250 $106,279 $81,250 Energy Efficient Affordable Home Rehabilitation Dept.of Planning,Bldg 8 Dev. $250,000 $250,000 $250,000 'Family Advocate Program Children's Trust $27,000 $27,000$ 27,000 Family Promise of Greater Roanoke Family Promise of Greater Roanoke $26,500 $26,500 $22,400 +Housing Stabilization for Families in Need Community Housing Resource Center $50,000 $50,000 $47,000: :HUD Admin Funds Dept.of Planning.Bldg 8 Dev. $272,000 $381,484 $381,484 'Infrastructure Improvements Dept.of Engineering $0 $300,000 $75,000 Neighborhood Development Grant Program Neighborhood Services $45,455 $29,726 $8,987 Summer 2013 Youth Rehab Program Dept.of Planning.Bldg 8 Dev. $75,000 $75,000 $75,000 Transitional Living Center Total Acton Against Poverty $24,376 $30000 $19,l00j TRUST House TRUST,Roanoke Valley Trouble Center $32,237 $35,000 $27,400 West End Energy Efficient Rental Rehabilitation Community Housing Partners $0 $72,500 $72,500 West End Residential Facade Program Dept.of Planning,Bldg.8 Dev. $75,000 $100,000 $100,000 West End Owner-Occupied Limited Rehabilitation Rebuilding Together Roanoke $85,000 $85,000 $85,000 West End Rental Rehabilitation Loan Project Total Action Against Poverty $0 $427,725 $90,000 West End Target Area New Home Ownership Habitat for Humanity $765,996 $1,117,000 $767,750 West End Target Area Property Acquisition Roanoke Redevelopment 8 Housing Authority $125,000 $200,000 $125,000 Proposed Project Funding Distribution FY 13-14 FY 12-13 FY 13-14 FY 13-14 Funding So rce Project/Program Agency Category Current Request Proposed CDBG HOME ESG TOTAL Hotel Roanoke 108 Payment HCR Economic Development 502203 N/A 0 Code Enforcement Code Enforcement Housing Development 100,000 100,000 100.00 100,000 100,00 Community Based Prevention Services Social Services Human Development 9&500 98,500 98,50 98,500 98,50 Demolition Code Enforcement Housing Development 50,000 75,000 32,50 32,250 3225 Downpayment Assistance HCR Housing Development 290,000 290,000 257,00 0 257,00 25720 Energy Efficient Affordable Home Rehab HCR Housing Development 252000 250000 250,00 250,000 250,00 "Environmental Review Services LMW Planning/Admin 10,000 10,000 "Fair Housing Board HCR Planning/Admin 15,000 15000 "Historic Review Services Hill Studios Planning/Admin 10,000 10,000 HUD Administration HCR PlanninglAdmin 272,000 N/A 38148 33287 35,25 6,35 381,48 Target Area Bike Patrol Police Department Human Development 25,000 25,000 Neighborhood Development Grants Neighborhood Servii Neighborhood Developr 45,455 29,726 Property&Loan Portfolio Management RRHA Planning/Admin 5,000 15000 West End Target Acquistion Funds RRHA Housing Development 125,000 200.000 12500 12200 125,00 Infrastructure Improvements Engineering Neighborhood Developt 75.000 300,000 75,00 75,00 75,00 Residential Facade Program HCR Housing Development 75,000 150000 100,000 100,00 100,00 Choice Neighborhoods Planning Grant Match RRHA Planning/Admin 30,000 0 0 World Changers RTR Housing Development 75,000 75,000 75,000 75,00 7400 West End Financial Services Center West End Center Economic Development 343.176 0 0 Bridging the Gap to Employment Goodwill Human Development 0 80.000 0 Family Promise of Greater Roanoke(formerly RVIHN) Family Promise Homeless Services 26,500 26,500 22,400 22,40 2240 TAP Transitional Living Center TAP Homeless Services 24,376 30,000 19.100 19,100 19,10 TRUST House TRUST Homeless Services 32,237 35,000 27,400 27,40 27,40 Community Housing Resource Center CCS Homeless Services 0 68,750 55,000 55,00 55,00 Council of Community Services-Homeless Planning CCS Homeless Services 0 5,000 0 Aspire Connect Program Apple Ridge Human Development 26,250 24500 26,250 26,25 26,25 Housing Stabilization for Families in Need CCS/CHRC Human Development 50000 50000 47,00 47,00 47,00 Family Advocates Program Childrens'Trust Human Development 27,000 27,000 27,00 27,00 2720 West End Center Youth Program West End Center Human Development 0 25,000 Case Management Services BISSWVA Human Development 29,000 45000 29,00 29,00 African American Male Studies(TAP) TAP Human Development 25,000 25000 24.00 24,00 Community Platform Project CCS/CHRC Human Development 28,932 0 Freedom First Set-aside Program FFCU Housing Development 0 75,000 Rebuilding Together Roanoke West End Rehab RTR Housing Development 85,000 85000 85,00 85,00 85,00 West End New Homeownership Habitat Housing Development 765,996 1,117,000 767,75 267,75 500,00 767,75 West End Energy Efficient Project CHP Housing Development 0 72,500 7250 72,50 72,50 Empowenng Individuals w/Disabilities BRILC Housing Development 81 250 106,185 81,25 81,25 81,25 Roanoke Single Family Rehab Program CHP Housing Development 575,000 Rental Rehabilitation Loan Program TAP Housing Development 427,725 90,00 90,00 9000 Targeted Housing Preservation/Beautification Project TAP Housing Development 100,00 176,155 Emergency Home Repair TAP Housing Development 125,00 125000 46,50 46,50 "Belmont Neighborhood Assoc.Training/Conferences Neighborhood Servis Planning/Admin 2,461 Belmont Neighborhood Assoc.Solar Trash Compactors Neighborhood Servii Neighborhood Developr 4,730 4,73 4,73 473 Belmont Neighborhood Assoc.Cemetery Restoration Neighborhood Servis Neighborhood Develop) 1,403 "Faidand Civic Association Training/Conferences Neighborhood Servii Planning/Admin 1,000 "Loudon-Melrose Neighborhood Org Training/Conferences Neighborhood Servs Planning/Admin 700 "Melrose-Rugby Neighborhood Forum Training/Conferences Neighborhood Send'Planning/Admin 1,000 Obligations Agency Current Request Proposed CDBG HOME ESG TOTAL Melrose-Rugby Neighborhood Forum Community Center Imp. Neighborhood Servii Neighborhood Develop) 5000 NNEO Oral History Recording 8 Community Forum Neighborhood Servi;Planning/Admin 0 "NNIC Training/Conferences Neighborhood Servii Planning/Atlmin 500 Old Southwest Inc.Custom Bike Racks Neighborhood Sewn Neighborhood Developr 1 215 Old Southwest Inc.Custom Banners Neighborhood Send;Neighborhood Developr 2600 Old Southwest Inc.Bus Shelter Neighborhood Servir Neighborhood Developr 4267 426 4.26 426 "Old Southwest Inc.Training/Conferences Neighborhood Servir Planning/Admin 1200 "SE Action Forum Training/Conferences Neighborhood Sent Planning/Atlmin 1,000 SE Action Forum Bicycle Route Signage Neighborhood Servir Neighborhood Develop; 2850 2824,13 2,000,87 792,250 130.257 292238 "Program to be funded through HUD Administration/Planning 2000,87 792,250 130257 0 0 TOTAL HUMAN DEVELOPMENT 251,750 TOTAL HOUSING DEVELOPMENT 1,325250 757,00 TOTAL NEIGHBORHOOD DEVELOPMENT 83,997 TOTAL HOMELESS SERVICES 0 12290 TOTAL ECONOMIC DEVELOPMENT 0 TOTAL PLANNING/ADMINISTRATION 339,877 3525 6,35 2000,874 79225 13225 WEST END TARGET AREA ACTIVITIES 1065250 56425 HUD ANNUAL ENTITLEMENT SINCE 2008 Increase/ Year CDBG Prior Year$ Prior Year% HOME Prior Year$ Prior Year°A ESG Prior Year$ Prior Year% Total Entitlement (Decrease) Prior Year% 2008-2009 $1844,422 $684,386 $81,110 $2,609,918 2009-2010 $1860,823 $16,401 089% $760,856 $76,470 11.17% $82,120 $1,010 125% $2703799 $93,881 3.60% 2010-2011 $2,015,851 $155,028 8.33% $756.708 5414EI -0.55% $81,526 1$594 I -0.72% $2,854,085 $150,286 5.56% 2011-2012 $1,671,286 ($344,565) -17.09% $665,550 '591 ':58, -12.05% $127,611 $48,085 56.53% $2,464,447 I$389638: -13.65% 2012-2013 $1,469,862 (5201.424: -12.05% $440,631 '$224.919, -33.79% $144,729 517.118 13.41% $2,055,222 ($409,2251 -16.61% 2013-2014 $1,249,381 ,$220 481, -15.00% $352,500 1$88.131 -20.00% $130,257 '$14,472, -10.00% $1,732,138 15323.0841 -15.12% 3 Year Comparison 1$421905) -25.24% '5313.050) -47.04% $2,646 2.07% ,$732,3091 -29.71% 5 Year Comparison '5611442) -32.86% ,$408.3561 -53.67% $48,137 58.62% I$971.661 -37.23% 52,000,000 !I 1 51.04000 I -- •CDBG 51,000,000 - - •HOME ESG 5500,909 I„ Li 20002099 2W92010 2010-2011 2011-2012 2012-2013 2013-2014 \� IN THE COUNCIL FOR THE CITY OF ROANOKE,VIRGINIA The 15th day of April, 2013. No. 39629-041513. - A RESOLUTION authorizing the City Manager to amend the 2010-2015 Consolidated Plan for the 2012 plan year and to execute payment of $450,626 to provide early payoff to a Hotel Roanoke Section 108 HUD Loan. WHEREAS, in order to comply with HUD regulations related to CDBG funding, the City must expend $702,000 prior to May 2, 2013; WHEREAS, City staff has requested to provide early payoff on the City's final payment of the Hotel Roanoke Section 108 HUD Loan in the amount of$450,626; and WHEREAS, an amendment to the 2010-2015 Consolidated Plan for the 2012 plan year is needed to allow the redirection of funds for early repayment of the final installment of the Section 108 HUD Loan for renovations to the Hotel Roanoke prior to the close of the annual plan year. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: An amendment to the 2012-2013 Annual Plan of the 2010-2015 Consolidated Plan for the redirection of funds for early repayment of the final installment of the Section 108 HUD Loan for renovations to the Hotel Roanoke prior to May 2, 2013, as more particularly set forth in the City Council Agenda Report dated April 15, 2013 to this Council is approved, and the City Manager is hereby authorized to execute payment of$450,626 prior to May 2, 2013 for such purpose. ATTE T: frit yr City Clerk. R-Execute Payment for Hotel Roanoke Section 108 doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of April, 2013. No. 39630-041513. AN ORDINANCE to appropriate Program Income funding from the Department of Housing and Urban Development (HUD) Community Development Block Grant Program (CDBG), 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 Economic Development - Hotel Roanoke 108 Loan 35-G09-0930-5135 $ 4,916 Economic Development - Hotel Roanoke 108 Loan 35-G10-1030-5135 20,053 Economic Development - Hotel Roanoke 108 Loan 35-G11-1130-5135 72,955 Economic Development - Hotel Roanoke 108 Loan 35-G12-1230-5135 321,562 Economic Development - Hotel Roanoke 108 Loan 35-G13-1330-5135 31,140 Revenues CDBG Program Income 08-09 — BSCI Microloan 35-G09-0900-2910 673 CDBG Program Income 08-09 — Homeowner Assist 35-G09-0900-2922 4,070 CDBG Program Income 08-09 — Rental Rehab Repay 35-G09-0900-2940 173 CDBG Program Income 09-10 — RRHA Other PI 35-G10-1000-3003 3,580 CDBG Program Income 09-10 — BSCI Microloan 35-010-1000-3010 2,207 CDBG Program Income 09-10 — Rental Rehab Repay 35-G10-1000-3040 551 CDBG Program Income 09-10 — BRH SEBD 35-G10-1000-3042 3,508 CDBG Program Income 09-10 —TAP 35-G10-1000-3043 10,207 CDBG Program Income 10-11 — RRHA Other PI 35-G11-1100-3103 54,622 CDBG Program Income 10-11 — Homeowner Assist 35-G11-1100-3122 9,153 CDBG Program Income 10-11 — Hotel Roanoke 108 35-G11-1100-3134 7,820 CDBG Program Income 10-11 — Rental Rehab Repay 35-G11-1100-3140 1,360 CDBG Program Income 11-12 — RRHA Other PI 35-G12-1200-3203 55,306 CDBG Program Income 11-12 — Hotel Roanoke 108 35-G12-1200-3207 96,757 CDBG Program Income 11-12 — Rental Rehab Repay 35-G12-1200-3208 20,154 CDBG Program Income 11-12 — TAP SRO Repay 35-G12-1200-3220 55,316 CDBG Program Income 11-12 — Homeowner Assist 35-G12-1200-3222 38,713 CDBG Program Income 11-12 — BRH 35-G12-1200-3242 55,316 CDBG Program Income 12-13 — RRHA Other PI 35-G13-1300-3303 31 ,140 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. onoi t lt.' s .' -'-' CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 15, 2013 Subject: HUD 2010-2015 Consolidated Plan Amendment Background: Annually on May 2nd, HUD performs a timeliness test for all recipients of HUD CDBG funding. As of the date of this test, the City cannot have more than 1 .5 times its annual CDBG allocation available in the Treasury. In order to meet this timeliness test, the HUD Community Resources Division must expend $702,000 prior to May 2, 2013. To meet this deadline, the City has requested to defease, or provide early payoff, on its final payment of the Hotel Roanoke Section 108 loan in the amount of $450,626. Typically, these payments are made annually in August. HUD has been consulted and is in agreement to allow this early defeasance. Adequate CDBG funds are available for this payment which will allow the City to remain in good standing with HUD's timely expenditure requirements. Due to the amount of funds and change in programming, an amendment to the 2012- 2013 Annual Plan is required. The City of Roanoke's HUD Community Resources Office is proposing an amendment to the City's 2012-2013 Annual Plan under the 2010-2015 Consolidated Plan for Community Development Block Grant (CDBG) funds received from HUD. The amendments result from the redirection of funds for early repayment of the final installment of debt service on the HUD Section 108 Loan for renovations to the Hotel Roanoke prior to the close of the annual plan year. Considerations: Federal rules require provision of 30 calendar days for public comment on the amendments prior to implementation. A public notice was printed in the Roanoke Times on March 17, 2013. As of the date of this report, no comments have been received. Recommended Action: Approve an amendment to the 2010-2015 Consolidated Plan for the 2012 plan year and authorize the City Manager, or his designee to execute payment approved as to form by the City of $450,626 prior to May 2, 2013. Adopt the accompanying budget ordinance to appropriate unused CDBG funding in accordance with the amended 2010-2015 Consolidated Plan. tog. Christopher P. Morrill GCity Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Christopher L. Chittum, Director, Planning Building and Development Keith Holland, Community Resources Program Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of April, 2013. No. 39631-041513. AN ORDINANCE authorizing the proper City officials to execute a Grant Performance Agreement among the City of Roanoke (City), the Economic Development Authority of the City of Roanoke, Virginia, (EDA), and South Commonwealth Partners, LLC, that provides for a grant not to exceed $350,000 and for certain undertakings by the parties in connection with the development of certain portions of property located at 25 Church Avenue, S.E., Roanoke, Virginia 24011 for a hotel; and dispensing with the second reading by title of this Ordinance. WHEREAS, South Commonwealth Partners, LLC has proposed the development, construction, and operation of a hotel project within CO approximately 11,500 square feet of the first floor of Market Garage, located at 25 Church Avenue, S.E., Roanoke, Virginia 24011, (ii) in a portion of the air rights above the Market Garage, and (iii) such easements as are required for the development, construction and operation of the hotel (the "Hotel Project"), as set forth in the City Council Agenda Report dated April 15, 2013; WHEREAS, such development of the site will require significant infrastructure costs and other costs for the development of the Hotel Project; WHEREAS, South Commonwealth Partners, LLC has requested an economic development grant through the EDA to assist in the unusual expenses for the development of the Hotel Project; WHEREAS, City staff has advised Council that such Hotel Project will benefit economic development within the City and the Roanoke Valley; and WHEREAS, the City and the EDA wish to encourage South Commonwealth Partners, LLC to complete the Hotel Project in order to enhance and promote economic development within the City and the Roanoke Valley. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of the Grant Performance Agreement among the City, the EDA, and South Commonwealth Partners, LLC, as set forth in the attachment to the City Council Agenda Report dated April 15, 2013, which provides for certain undertakings and obligations by South Commonwealth Partners, LLC, as well as certain undertakings by the City and the EDA. City Council further finds that the economic development grant provided for by the Grant Performance Agreement will promote economic development within the City and the Roanoke Valley and will be of economic benefit to the City and its citizens. 2. The City Manager is hereby authorized on behalf of the City to execute a Grant Performance Agreement among the City, the EDA, and South Commonwealth Partners, LLC, upon certain terms and conditions as set forth in the City Council Agenda Report dated April 15, 2013. The Grant Performance Agreement shall be substantially similar to the one attached to such Agenda Report and in a form approved by the City Attorney. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Grant Performance Agreement. 4. Pursuant to the provisions of §12 the City Charter, the second reading of this Ordinance by title is hereby dispensed with. �ATTTEESSST: A City Clerk. 1., Performance Agreement South Commonwealth Partners LLC doc 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of April, 2013. No. 39632-041513. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Market Garage Hotel Development—South Commonwealth Partners project, amending and reordaining certain sections of the 2012-2013 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2012-2013 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue 08-310-9637-9003 $ 350,000 Fund Balance Economic and Community Development 08-3365 ( 350,000 ) Reserve - Unappropriated Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. @Iao� i% r=^ CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 15, 2013 Subject: Approval of a Grant Performance Agreement Among the City of Roanoke, Economic Development Authority of the City of Roanoke, Virginia (EDA), and South Commonwealth Partners, L.L.C., and Appropriation of Funding in Support of Such Agreement Background: On August 20, 2012, by Ordinance No. 39485-082012, City Council approved the execution of a Contract for Sale of Real Estate between the City of Roanoke (City) and South Commonwealth Partners, L.L.C., a South Carolina limited liability company (Buyer/Developer) in which the City agreed to sell, and Buyer/Developer agreed to purchase (i) the commercial/retail space, consisting of approximately 11 ,500 square feet on the first floor of the Market Garage, which space is to be converted into a commercial condominium, along with a small portion of the real estate (the "Condominium"); (ii) a portion of air rights above the Market Garage (the "Air Rights") in which Buyer/Developer will construct a 123 room hotel (the Condominium and the Air Rights are referred to hereinafter collectively as the "Property"); and (iii) all necessary easements to enable Buyer/Developer to develop, construct, and operate the Hotel Project (the "Easements"). The purchase price for the Property and the Easements to be acquired by the Buyer/Developer from the City is $800,000. Considerations: Preceding the execution of the Contract, AHG Hotels, LLC, a South Carolina limited liability company and the entity which designated Buyer/Developer as the entity to construct, develop, and operate the Hotel Project (AHG), and the City entered into a Letter of Intent (LOI), dated November 22, 2011 . This LOI includes a provision that the City would provide funding in an amount not to exceed $350,000 to the Buyer/Developer, through the Economic Development Authority of the City of Roanoke, Virginia (EDA), in support of the costs associated with the extension, installation, and connection of utilities in and through the Market Garage necessary for the construction of the Hotel Project. Funding will be provided to the Buyer/Developer by the EDA in two equal installments, the first upon certification of reaching a specific performance milestone during the Hotel Project's construction and, the second, upon substantial completion of construction of the Hotel Project. A Grant Performance Agreement which outlines the obligations and performance responsibilities of the Buyer/Developer, the City, and EDA has been developed, a copy of which is attached to this report for the City Council's review and information. Subject to City Council's favorable action on the proposed Agreement, the EDA is scheduled to consider the Grant Performance Agreement for approval at its April 17, 2013 meeting. Recommended Action: Approve the terms of the Grant Performance Agreement among the City, EDA, and South Commonwealth Partners, L.L.C., as set forth in the attachment to this report, and determine that such Agreement will promote economic development within the City. Authorize the City Manager to execute such Grant Performance Agreement among the City, EDA, and South Commonwealth Partners, L.L.C., 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 implement, administer, and enforce such Grant Performance Agreement, with the form of such Agreement to be approved by the City Attorney. Appropriate $350,000 from the Economic and Community Development Reserve to an account to be established by the Director of Finance in the Capital Projects Fund. La i , i�lr�e�t c-e1 Ch istopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director, Department of Economic Development Charles E. Hunter, Ill, Chairman, Economic Development Authority of the City of Roanoke, Virginia Harwell M. Darby, Counsel, Economic Development Authorityof the City of Roanoke, Virginia 2 DRAFT DATE: 04.05.2013 PERFORMANCE AGREEMENT REGARDING ECONOMIC DEVELOPMENT AUTHORITY GRANT This Performance Agreement Regarding Economic Development Authority Grant (the "Grant Performance Agreement") is dated as of this day of , 2013 by and among the City of Roanoke, Virginia, a municipal corporation, organized and existing under the laws of the Commonwealth of Virginia (the "City"), South Commonwealth Partners, L.L.C., a South Carolina limited liability company, and registered to conduct business in the Commonwealth of Virginia (the "Developer"), and Economic Development Authority of the City of Roanoke, Virginia, an industrial development authority organized and existing under the laws of the Commonwealth of Virginia ("EDA"). WITNESSETH: WHEREAS, AHG Hotels, LLC, a South Carolina limited liability company ("AHG") and the City entered into a non-binding letter of intent dated November 22, 2011 and entitled Letter of Intent (LO1) to Purchase Portions of Market Garage located at 25 Church Avenue, S.E., Roanoke, Virginia 24011" ("Hotel Site"), the terms of which have been extended by the parties by letters of extension dated March 15, 2012, July 17, 2012, and December 20, 2012 (hereinafter, the letter of intent, as extended, is referred to as "LOP'); WHEREAS, pursuant to the LOI, AHG and the City agreed to negotiate the terms under which AHG or its designee could purchase certain rights from the City to construct a hotel (the "Hotel Project") in, on, or above the Market Garage located at 25 Church Avenue, S.E., Roanoke, Virginia, (the"Market Garage"); WHEREAS, pursuant to Section 2 of the LOI, AHG reserved a right to designate an entity to purchase the interests in, on and above the Market Garage for the Hotel Project and AHG designated Developer as such entity; WHEREAS, Developer and the City have executed a Contract for Sale of Real Estate dated August 29, 2012 (the "Sale Agreement") in which the City agreed to sell, and Developer agreed to purchase, (i) the commercial/retail space, consisting of approximately 11,500 square feet, which space is to be converted into a commercial condominium, along with a small portion of the real estate (the "Condominium"); (ii) a portion of air rights above the Market Garage in which Developer will construct a 123 room hotel (the "Air Rights") (the Condominium and the Air Rights are referred to hereinafter collectively as the "Property"); and (iii) all necessary easements to enable Developer to develop, construct, and operate the Hotel Project (the "Easements") (the Property and the Easements are more particularly described in the Sale Agreement); 1 WHEREAS, as a condition of the LOI and the Sale Agreement, the City agreed to provide funds to EDA so that EDA may provide a grant to Developer for certain costs incurred by Developer in bringing all utilities required for the Hotel Project including all modifications or improvements to the Market Garage required for the Hotel Project, to the upper most deck of the Market Garage ("Utility Installations") in an amount not to exceed $350,000; WHEREAS, the City and EDA have determined that: (i) the Hotel Project will promote economic development within the City and Roanoke Valley; and (ii) the Hotel Project will produce additional tax revenues, services, and benefits to the citizens of the City and Roanoke Valley; WHEREAS, EDA, based upon the undertakings of Developer, has determined to make an economic development grant to Developer from funds to be provided to EDA by the City, all in accordance with the terms of this Grant Performance Agreement; WHEREAS, the Parties wish to reduce to writing the understandings of the Parties in this matter; and WHEREAS, Developer is willing to perform its obligations in accordance with this Grant Performance Agreement. NOW, THEREFORE, the Parties agree that the above Recitals are hereby incorporated into and made a part of this Grant Performance Agreement, and for and in consideration of the mutual covenants and conditions set forth herein, and for other good and valuable consideration the receipt and sufficiency of which the parties hereto acknowledge, Developer, the City, and EDA agree as follows: SECTION I. EDA ECONOMIC DEVELOPMENT GRANT. 1.1 Subject to the terms of the Grant Performance Agreement, EDA will make one grant to Developer in an amount equal to the lesser of (a) $350,000 or (b) Developer's actual costs incurred for Utility Installations (the "Development Grant"). The purpose of the Development Grant is to assist in the development, construction, completion and opening of the Hotel Project. The obligations of EDA hereunder are special obligations of EDA limited solely to those funds provided by the City and received by EDA pursuant to the terms of this Grant Performance Agreement. 1.2 The obligations of the City to provide funds to EDA and EDA to make the Development Grant are expressly subject to Developer's performing and being in compliance with Developer's obligations under the terms of the Performance Agreement for Hotel Development, Construction, Operation, and Maintenance by and between Developer and the City dated , 2013 (the "Hotel Performance Agreement") at each time Developer requests distribution of a portion of the Development Grant. 2 SECTION 2. DISTRIBUTION OF DEVELOPMENT GRANT. 2.1. In accordance with Section 2.2 hereof, EDA shall make the Development Grant to Developer in two (2) installments upon the written confirmation, to the satisfaction of EDA, of the following: (i) Receipt of funds by EDA from the City sufficient to fund the Development Grant, without conditions, and (ii) Receipt of a completed and executed request in the form of Exhibit A attached hereto (a "Request"), which Request includes the Certifications of Developer. (iii) For purposes of this Grant Performance Agreement, Certifications of Developer shall mean: (a) At the time Developer submits its first Request for the sum of One Hundred Seventy Five Thousand Dollars (5175,000.00) from EDA, Developer shall certify (1) that Developer has expended at least twenty percent (20%) of its costs of construction of the Hotel as defined and described in the Hotel Performance Agreement; and (2) Developer is in compliance with the terms and conditions of the Hotel Performance Agreement as of the date of the first request. This certification shall be accompanied by the written statement of the general contractor for Developer which indicates the aggregate amount of the total costs of construction of the Hotel, the aggregate dollar amount of requests for payment submitted by the general contractor, subcontractors, and suppliers, and the aggregate dollar amount paid to the general contractor, subcontractors, and suppliers as of the date of the statement. (b) At the time Developer submits its second Request for the balance of the Development Grant from EDA, Developer shall certify that (i) the construction of the Hotel is substantially complete; and (ii) Developer is in compliance with the terms and conditions of the Hotel Performance Agreement as of the date of the second request. This certification shall be accompanied by either (a) the written statement of the architect for Developer that certifies that construction of the Hotel is substantially complete, or (b) a copy of the final certificate of occupancy issued by the City Department of Planning, Building, and Development.. 2.2 A Request shall include the Certifications of Developer as applicable. Upon receipt of a Request, and written approval by EDA, EDA will distribute the portion of the Development Grant set forth in the Request within 10 business days. Under no circumstances shall the Development Grant be a general obligation of EDA. The obligations of EDA shall be limited solely to funds received from the City pursuant to the Grant Performance Agreement. 2.3 EDA may disapprove a Request which is not in accordance with the terms of this Agreement and require a revised Request be submitted. In this event, EDA shall provide 3 written notice to Developer stating the basis for disapproval and any defect in the Request and specifying the required additional information. Developer shall submit the revised or resubmitted Request within 30 days of receipt of the disapproval and upon approval by EDA, EDA shall distribute the portion of the Development Grant set forth in the Request. 2.4 In the event that Developer (i) fails to submit a Request by December 31, 2015, or (ii) if the Request is not approved by FDA, and Developer fails to submit a revised Request which complies with the provisions of this Agreement by February 29, 2016, then all obligations of the City and EDA under this Grant Performance Agreement shall terminate and neither the City nor EDA shall have any obligation to fund, distribute or provide the Development Grant to Developer. 2.5 EDA agrees to deposit funds received from the City pursuant to this Grant Performance Agreement into the investment account of EDA and such deposit shall be designated for and limited to this Grant Performance Agreement. SECTION 3. REIMBURSEMENT OF FEES AND EXPENSES OF EDA. Developer shall pay all reasonable fees, costs, and expenses of EDA incurred by EDA in connection with this Grant Performance Agreement , together with the reasonable attorney's fees incurred by EDA in an amount not to exceed $5,000.00 Payment of such expenses and attorney's fees shall not be made from proceeds of the Development Grant. EDA will submit statements to Developer for such items and Developer will pay such statements within 30 days after such receipt of the invoice by Developer. In the event this contract is subject to litigation, the prevailing party shall be entitled to an award of attorney's fees. SECTION 4. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Grant Performance Agreement. SECTION 5. RESPONSIBILITY OF THE PARTIES. The parties to this Grant Performance Agreement will be responsible for the actions, or omissions of its officers, employees, and agents acting within the scope of their employment in connection with the Hotel Project, the Property, and the activities provided for in this Grant Performance Agreement to the extent permitted by law, but nothing contained herein shall be construed as a waiver of the immunity defenses available and afforded to the City and/or EDA. SECTION 6. COMPLIANCE WITH LAWS, REGULATIONS, AND IMMIGRATION LAW. Developer agrees to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements. Developer further agrees that Developer does not, and shall not during the performance of this Grant Performance Agreement; knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. 4 SECTION 7. NONWAIVER. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Grant Performance Agreement or any party's waiver of any particular breach of this Grant Performance Agreement by the 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 Grant Performance Agreement or a waiver of any other breach of the Grant Performance Agreement by any party and does not bar the nondefaulting party from requiring the defaulting party to comply with all the terms and conditions of the Performance Agreement 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 Grant Performance Agreement or by law. SECTION 8. FORUM SELECTION, CHOICE OF LAW, AND DISPUTES. This Grant Performance Agreement shall be governed, interpreted, and construed under the substantive laws of the Commonwealth of Virginia, and any cause of action regarding the rights and duties of the parties must be brought in the Circuit Court or General District Court for the City of Roanoke, Virginia. This Grant Performance Agreement is not subject to the conflicts of laws provisions of the Commonwealth of Virginia, and all claims, disputes, and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. The parties further waive and agree not to assert in any such action, suit or proceeding, that such party 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. SECTION 9. SEVERABILITY. If any provision of this Grant Performance Agreement, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Grant Performance Agreement shall not be affected and all other terms and conditions of this Grant Performance Agreement shall be valid and enforceable to the fullest extent permitted by law. SECTION 10. 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 11. SUCCESSORS AND ASSIGNS. The terms, conditions, provisions and undertakings of this Grant Performance Agreement shall be binding upon and inure to the benefit of each of the parties and their respective successors and assigns. 5 SECTION 12. FORCE MAJEURE A delay in, or failure of, performance by any party, shall not constitute a default, nor shall the Developer, EDA, or the City be held liable for loss or damage, or be in breach of this Grant Performance Agreement, if and to the extent that such delay, failure, loss or damage is caused by an occurrence beyond the reasonable control of such party, and its agents, employees, contractors, subcontractors, and consultants, including results from Acts of God or the public enemy, compliance with any order 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 equipment difficulties, delays in transportation, inability to obtain necessary materials or equipment or permits due to existing or future laws, rules or regulations of governmental authorities or any other causes, whether direct or indirect, and which by the exercise of reasonable diligence said party is unable to prevent. For purposes of this Grant Performance Agreement any one delay caused by any such occurrence shall not be deemed to last longer than six(6) months and the party claiming delay caused by any and all such occurrences 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. Notwithstanding anything else set forth above, after a total of nine(9) months of delays of any type have been claimed by a party as being subject to force majeure, no further delays or claims of any type shall be claimed by such party as being subject to force majeure and/or being an excusable delay. SECTION 13. HEADINGS. The captions and headings in this Grant Performance Agreement are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of this Grant Performance Agreement. SECTION 14. COUNTERPART COPIES. This Grant Performance Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. SECTION 15. AUTHORITY TO SIGN. The persons who have executed this Grant Performance Agreement on behalf of the parties represent and warrant they are duly authorized to execute this Performance Agreement on behalf of their respective entity. SECTION 16. NOTICES. All notices hereunder must be in writing and shall be deemed validly given 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): 6 If to City: City of Roanoke, Virginia Attn: City Manager Noel C. Taylor Municipal Building, Room 364 215 Church Avenue, S.W. Roanoke, VA 24011 Fax No. 540-853-1138 With a copy to: City of Roanoke, Virginia Attn: Economic Development Director 117 Church Avenue, S.W. Roanoke, VA 24011 Fax No. 540-853-1213 If to EDA: Chair, Economic Development Authority of the City of Roanoke, Virginia c/o Roanoke City Department of Economic Development 117 Church Avenue S.W. Roanoke, VA 24011 Fax No. 540-224-8050 With a copy to: Harwell M. Darby, Jr., Esquire Glenn, Feldmann, Darby & Goodlatte 37 Campbell Avenue, S.W. Roanoke, VA 24011 Fax No. 540-224-8050 . If to Developer: Paul C. (Bo) Aughtry, III, South Commonwealth Partners, LLC c/o Windsor/Aughtry Company, Inc. P.O. Box 16449 Greenville, SC 29606-7449 Fax No. (864)370-0042 With a copy to: J. Nelson Galbreath, Esq. Nelson Galbreath, LLC 25 East Court Street, Suite 201 Greenville, SC 29601 Fax No. (864) 232-3766 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. 7 SECTION 17. NONDISCRIMINATION. A. During the term of this Grant Performance Agreement, Developer agrees as follows: 1. Developer shall 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 Developer. Developer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. Developer in all solicitations or advertisements for employees placed by or on behalf of Developer shall state Developer is an equal opportunity employer. 3. 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. SECTION 18. AGREEMENT SUBJECT TO FUNDING. This Grant Performance Agreement is or may be subject to funding and/or appropriations from federal, state, and/or local governments and/or agencies and/or from the Council of the City of Roanoke. If any such funding is not provided, withdrawn, or otherwise not made available for this Grant Performance Agreement, with the result that the City is unable to perform its obligations hereunder, the City shall give written notice to Developer of such unavailability of funding. SECTION 19. COMPLIANCE WITH STATE LAW, FOREIGN AND DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE COMMONWEALTH OF VIRGINIA. Developer shall comply with the provisions of Virginia Code Section 2.2-4311.2, as amended, which provides that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Developer shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract or agreement. The City or EDA may void this Grant Performance Agreement if Developer fails to remain in compliance with the 8 provisions of this section. However, the City and EDA agree that Developer may cure this matter 30 days after notice. SECTION 20. DRAFTING OF THE GRANT PERFORMANCE AGREEMENT. The provisions of this Grant Performance Agreement shall not be construed in favor of or against either party, but shall be construed according to their fair meaning as if both parties jointly prepared this Performance Agreement. SECTION 21. REPORTS TO EDA AND THE CITY. The City, EDA, and Developer shall maintain all books, records, and other documents relating to this Grant Performance Agreement for a period of five (5) years after the end of each fiscal year included in this Grant Performance Agreement. The City, EDA, and Developer, and their authorized employees, agents, and/or representatives, shall have reasonable access to and the right to examine, copy, and/or audit any of such materials of the other parties during the term of this Grant Performance Agreement and/or retention period in connection with this Grant Performance Agreement. SECTION 22. ENTIRE AGREEMENT. This Grant Performance Agreement, together with any exhibits, attachments, and referenced items, constitutes the entire agreement of the parties and supersedes all prior agreements between the parties. No amendment to this Agreement shall be valid unless made in writing and signed by the appropriate parties. SIGNATURE PAGE TO FOLLOW 9 IN WITNESS WHEREOF, the City, EDA, and Developer have executed this Grant Performance Agreement by their authorized representatives as of the date hereof. ATTEST: CITY OF ROANOKE, VIRGINIA By: Stephanie Moon Christopher P. Morrill Clerk City Manager ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF ROANOKE, VIRGINIA By: Witness Its Chairman SOUTH COMMONWEALTH PARTNERS L.L.0 By: Witness Its duly authorized Approved as to Form: Approved as to Execution: City Attorney City Attorney Approved as to Form: Approved as to Execution: EDA Attorney EDA Attorney 10 The obligations of the City of Roanoke, Virginia to appropriate funds under this Grant Performance Agreement have been appropriated pursuant to: Director of Finance 11 Draft Date: 04.05.2013 Development Grant Request This Development Grant Request is submitted pursuant to that Grant Performance Agreement dated , 2013, (the " Grant Performance Agreement") by and among the City of Roanoke, Virginia, a Virginia municipal corporation (the "City"), South Commonwealth Partners, L.L.C., a South Carolina limited liability company, and registered to conduct business in the Commonwealth of Virginia ("Developer") and the Economic Development Authority of the City of Roanoke, Virginia, an industrial development authority organized and existing under the laws of the Commonwealth of Virginia (the "EDA"). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Grant Performance Agreement. The Grant Performance Agreement provides that Developer may make two requests to EDA for funds from an economic development grant that have been provided to EDA by the City in an amount not to exceed a total of $350,000. Each request is limited to the sum of $175,000 and at the time of each request Developer must make certain certifications to EDA, and provide certain documentation to EDA. Developer warrants that it has complied, or will comply, with all of the terms and conditions of the Grant Performance Agreement. Developer warrants: A. If, with respect to the first request [check here( )], Developer certifies that: (i) Developer has expended at least twenty percent (20%) of its total costs of construction of the Hotel as defined in the Grant Performance Agreement; (ii) Developer is in compliance with the terms and conditions of the Hotel Performance Agreement as of the date of this first request; and (iii) Attached to this first request is the statement of the general contractor for Developer which indicates the aggregate amount of the total costs of construction of the Hotel, the aggregate dollar amount of requests for payment submitted by the general contractor, subcontractors and suppliers, and the amount paid to the general contractor, subcontractors, and suppliers. OR B. If, with respect to the second request [check here( )], Developer certifies that: (i) Construction of the Hotel is substantially complete; (ii) Developer is in compliance with the terms and conditions of the Hotel Performance Agreement as of the date of this second request; and (iii) Attached to this second request is the (a) certificate of substantial completion executed by the architect for Developer or (b) a copy of the final certificate of occupancy issued by the City Department of Planning, Building, and Development. Developer respectfully request that the EDA process this Development Grant Request through its approval process, and, upon approval by EDA pay the a portion of the Development Grant in the amount of (amount not to exceed $175,000.00) to Developer. SOUTH COMMONWEALTH PARTNERS, L.L.C. Date: By: Manager 2 CITY OF ROANOKE )rA_`_ OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 -e '!5 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 16, 2013 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 39633-041513 to appropriate funding from the Commonwealth governments 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, April 15, 2013, and is in full force and effect upon its passage. Sincerely, y� Stephanie M. Moon, MMC City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, 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 April, 2013. No. 39633-041513. AN ORDINANCE to appropriate funding from the Commonwealth governments 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 Teacher 302-110-0000-0000-371G-61100-41129-3-01 $ 9289 Social Security 302-110-0000-0000-371G-61100-42201-3-01 711 Homeless Service Coordinator 302-140-home-0000-366G-61210-41138-9-08 15,374 Social Security 302-140-home-0000-366G-61210-42201-9-08 1,176 Revenues State Grant Receipts 302-000-0000-0000-371G-00000-32304-0-00 10,000 State Grant Receipts 302-000-0000-0000-3660-00000-32400-0-00 16,550 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. AT EST: }}''��-� }}�� • ' r. flat) City Clerk. W ROANOKE CITY PUBLIC SCHOOLS School Board April 15, 2013 David B. Carson Chairman The Honorable David Bowers, Mayor and Members of Roanoke City Council Todd A. Putney Vice Chairman Roanoke, VA 24011 Mae G. Huff Dear Members of Council: Annette Lewis Suzanne P. Moore As a result of official School Board action on Tuesday, April 9, 2013, the Lori E. Vaught Board respectfully requests City Council approve the following Dick Willis appropriation requests: Dr. Rita D. Bishop Superintendent New Appropriation Total New Award Cindy H. Poulton Housing and Community Development $16,550 Clerk of the Board Homeless Grant 12-13 Teacher Recruitment and Retention Math, Physics & Technology Education Bonus Pilot $10,000 12-13 The School Board thanks you for your approval of the appropriation requests as submitted. Sincerely, Cindy H. Poulton, Clerk pc: Dan Callaghan 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 nro A f le . r, CITY COUNCIL AGENDA REPORT - rtr To: Honorable Mayor and Members of City Council Meeting: April 15, 2013 Subject: School Board Appropriation Request Background: As the result of official School Board action at its April 9th meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The Virginia Department of Housing and Community Development has awarded a regional Child Services Coordination grant which provided a sub-award to Roanoke City Public Schools of$16,550 through the Roanoke City Continuum of Care Committee. This is a two year grant to support homeless services in Roanoke. Roanoke City Public Schools supports homeless students as part of the continuum of care and supports the division's efforts to meet the needs of the homeless students. This grant must be expended by June 30, 2013. This is a new program. The Teacher Recruitment and Retention Mathematics, Physics, and Technology Education Bonus Pilot 2012-13 grant of $10,000 provides funds as incentives to teachers with no teaching experience, employed full-time by Roanoke City Public Schools as a teacher of math, physics, or technology education in middle or high school. Teachers must hold an active five-year renewable license or a provisional career switcher license with an endorsement in math, physics or technology education. Teachers selected to participate will be eligible for a $5,000 incentive award after successful completion of the first year of teaching with a satisfactory performance evaluation and a contract for the following year. The program will be fully reimbursed by state funds and will end June 1 , 2013.This is a new program. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the accompanying budget ordinance to establish revenue estimates and to appropriate funding as outlined. l l J ANN H. SHAWVEr Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Curtis Baker, Deputy Superintendent for Operations, RCPS CITY OF ROANOKE ' - OFFICE OF THE CITY CLERK ' -� K.4 215 Church Avenue,S.W., Suite 456 a Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 16, 2013 Harwell M. Darby, Jr. Glenn, Feldmann, Darby & Goodlatte 37 Campbell Avenue, S. W. Roanoke, Virginia 24011-1301 Dear Mr. Darby: I am enclosing copy of Resolution No. 39634-041513 approving the issuance of an amount not to exceed $12,000,000.00 in revenue bonds to be issued by the Economic Development Authority of the City of Roanoke, Virginia for the benefit of Kissito Healthcare, Inc., for the financing or refinancing of certain improvements to its facilities, effective April 15, 2013. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 15, 2013. Sincerely, . 117 av Stephanie M. Moon, MMC City Clerk Enclosure pc: Thomas E. Clarke, President, Kissito Healthcare, Inc., 5228 Valleypointe Parkway, Building B, Suite 1, Roanoke Virginia 24019 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance ,',,,I1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA pUl,`t(`f,�'p�'�U, The 15th day of April, 2013. No. 39634-041513. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA APPROVING THE ISSUANCE OF AN AMOUNT NOT TO EXCEED $12,000,000 IN REVENUE BONDS TO BE ISSUED BY THE ECONOMIC DEVELOMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA FOR THE BENEFIT OF KISSITO HEALTHCARE, INC., FOR THE FINANCING OR REFINANCING OF CERTAIN IMPROVEMENTS TO ITS FACILITIES SPECIFICIALLY KNOWN AS KISSITO VILLAGE OF ROANOKE, HAWTHORNE FACILITY, 1884 HOUSE OF FACILITY AND KISSITO PACE II FACILITY, ONE OF WHICH IS IN THE CITY OF ROANOKE, VIRGINIA The Economic Development Authority of the City of Roanoke, Virginia ("Authority") has considered the application of Kissito Healthcare, Inc., an Illinois non-profit corporation (the "Borrower"), requesting the issuance of the Authority's revenue bonds in an amount not to exceed $12,000,000 (the "Bonds") to be issued at one time or from time to time to assist the Borrower in financing or refinancing the acquisition, construction and equipping of facilities (such facilities being referred to herein as the "Facilities") and the acquisition, construction and equipping thereof, to be located in the City of Roanoke and in Roanoke County, Virginia and to be used for: (a) paying the costs of the acquisition and renovation, by Kissito Village of Roanoke, Inc. located at 5300 Hawthorne Road, Roanoke County, Virginia 24012, a 144-unit affordable housing facility for the elderly, on an approximately 5.03 acre tract of land (the "Hawthorne Facility"); (b) repaying the temporary financing by means of which Kissito 1884 House, Inc., acquired 1884 House, a 10-unit affordable housing facility for the elderly, located on an approximately 0.149 acre tract of land located at 301 Gilmer Avenue, City of Roanoke, Virginia 24016 (the "1884 House Facility"); (c) paying the costs of renovating the 1884 House Facility; (d) paying Kissito PACE of Roanoke, Inc.'s costs of leasehold improvements to, and equipment and furnishings for, its leased premises located at 5251 Concourse Drive, Roanoke County, Virginia 24019 (the "Kissito PACE I Facility"), in which it offers its Program of All-Inclusive Care for the Elderly ("PACE"); (e) providing certain initial deposits into the funds and accounts established under the Indenture, including a debt service reserve fund for the Series 2013 Bonds; and (f) paying certain costs of issuance of revenue bonds (the "Series 2013 Bonds") for such purposes (the "Project"); and other expenses in connection with the issuance of the Bonds. The Authority held a public hearing on the Borrower's application on March 20, 2013, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"). Section 147(0 of the Code also provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds. The Authority issues its bonds on behalf of the City of Roanoke, Virginia (the "City"); one of the facilities comprising the Project is located in the City; and the City Council of the City of Roanoke, Virginia (the "Council") constitutes the highest elected governmental unit of the City. The Authority has recommended that the Council approve the issuance of the Bonds. A copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Council. NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves the issuance of the Bonds pursuant thereto by the Authority for the benefit of the Borrower, as required by Section 147(0 of the Code and Section 15.2-4906 of the Virginia Code to permit the Authority to assist the Borrower in financing or refinancing the Project. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower. 3. This resolution shall take effect immediately upon its adoption. y!��ATTTQQE, : ATTEST: h-), 1)0.J City Clerk. STATEMENT OF CONFLICT OF INTEREST I bpviD 3, c6c,&xE£ state that I have a personal interest in agenda item R a regarding i55uance of bovids 1y -ftte ELONovHIG beveiepOUirtl- M+d/ ofRao,ne%t, V11041a * k;ss,to /{ea/m Care „Lrrc . because 1 Arnie business sq./4A kiss/i° 74,64 /fhcotie • Therefore, pursuant to Virginia Code Section 2.2-3112, I must refrain from participation in this matter. I ask the City Clerk to accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this l.6-f iday of i4po / , 2013. 0.4" ✓ � (SEAL) (//, AUmD 13' .%,eu u LE Witness ilk Q . o k+.w f/ Attic t1t:C� Printed Name and Title ✓ GFDR'.G GLENN EELGMRNN OROOV 0000 J IE HARWELL M.DARBY,JR. Direct Dial(540)224-8006 hdarey(g1da.com March 22, 2013 HAND DELIVERED The Honorable Stephanie M. Moon, Clerk City Council City of Roanoke, Virginia 215 Church Avenue, Room 364 Roanoke, Virginia 24011 Re: TEFRA documents Dear Stephanie: Please find enclosed TEFRA documents for a request by the Economic Development Authority of the City of Roanoke for a matter to be added to the agenda for your April 1, 2013 meeting. Thank you for your assistance in this matter. Very truly yours, Harwell M. Darby, Jr. HMDJR:wmj:0042132 Enclosures c: Daniel J. Callaghan, Esq. (w/encl.) 47 CAMI'5I I I NI.VIAL. S.W. ROANOKL.VIRGINIA 24011 P 5402248000 r 5402248050 POST OR ICI Box 2AA> ROANOKE VIRGINIA 29001 KLVO GI Dt1RTM March 20, 2013 HAND DELIVERED City Council City of Roanoke, Virginia 215 Church Avenue, Room 364 Roanoke, Virginia 24011 Economic Development Authority of the City Of Roanoke Proposed Financing for Kissito Healthcare, Inc. Kissito Healthcare, Inc. (the "Borrower") has requested that the Economic Development Authority of the City of Roanoke, Virginia (the "Authority"), issue of its revenue bonds, in one or more series from time to time, in an amount not to exceed S12,000,000 (the "Bonds") to assist the Borrower in financing or refinancing (i) the acquisition, construction and equipping of certain facilities located in the City of Roanoke, Virginia (the "City") and Roanoke County, Virginia (the "County") and described in the Borrowers Application Statement, dated January 9, 2013, and attached to this letter; (ii) the funding of various trust funds; and (iii) the payment of related expenses and issuance costs; and other expenses in connection with the issuance of the Bonds (the"Plan of Financing"). As set forth in the resolution of the Authority attached hereto (the "Resolution"), the Authority has agreed to issue its Bonds as requested. The Authority has conducted a public hearing on the proposed financing or refinancing of the Plan of Financing and has recommended that you approve the issuance of the Bonds as required by Section 1470) of the Internal Revenue Code of 1986, as amended, and Section 15.2-4906 of the Code of Virginia of 1950, as amended. Attached hereto is (1) a certificate evidencing the conduct of the public hearing and the action taken by the Authority, (2) the Fiscal Impact Statement required pursuant to Virginia Code Section 152-4907, and (3) the form of resolution suggested by counsel to evidence your approval. Secretary, Economic eopment Authority of the City of Roanoke, Virginia ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA City of Roanoke Co Office of Economic Development 117 Church Avenue, S.W. Roanoke, Virginia 24011 APPLICATION STATEMENT 1. Applicant a. Kissito Healthcare, Inc., Illinois corporation, registered in VA, EIN:36- 3666533 b. 5228 Valleypointe Pkwy. Suite 1, Bldg. B Roanoke,VA 24019 c. (540)265-0322 d. Thomas M. Clarke, CEO 16620 Lee Hwy. Buchanan,VA 24066 e. Jennifer Bell Kissito Healthcare, Inc. 5228 Valleypointe Pkwy. Suite 1, Bldg. B Roanoke,VA 24019 f. Tim Dixon, Esq. 9801 Michaels Way Ellicott City, Maryland 21042 g. No related parties. h. Application fee of$1,750 and Public Advertising fee of$500 enclosed. 2. Statement of Benefits to the City of Roanoke from the project. a. New employment opportunities: i. Two new full-time construction jobs with approximate payroll of $83,000. ii. Twenty new healthcare related jobs increasing to 51 jobs (payroll of $2.8 million) at year 5. b. Kissito is a non-profit and does not have tax liability to the city of Roanoke. c. The inhabitants of the city of Roanoke will benefit from having a PACE Center conveniently located in nearby Roanoke County. PACE stands for Program of All-Inclusive Care for the Elderly. Kissito's PACE Center will provide in- home,community based services and services in the PACE Center to seniors who would otherwise need nursing home care. The services include a variety of medical,therapeutic and diagnostic services. Services are provided in the client's home and in the PACE Center's adult care facility. PACE is an alternative to nursing home care. In addition,the projects will include two senior housing communities,offering a total of 154 rental housing units (10 units at the Gilmer property and 144 units at the 11Page Hawthorne Towers property). The senior housing communities will offer affordable housing, serving the needs of seniors who cannot afford the traditional high priced independent living/assisted living senior living communities. 3. Identification and description of the proposed project. a. This bond issue is comprised of 3 individual projects: i. Kissito 1884 House, Inc. - 301 Gilmer Ave., Roanoke,VA 24016 ii. Kissito PACE of Roanoke, Inc. - 5251 Concourse Dr., Roanoke,VA 24019 iii. Kissito Village of Roanoke, Inc. - 5300 Hawthorne Rd., Roanoke,VA 24012 b. A description of each facility to follow in the same order as above: i. Kissito 1884 House, Inc. -a 10 unit senior living community. This portion of the project includes refinancing a commercial bank loan incurred to purchase and renovate the project. The project will offer housing affordable to seniors. ii. Kissito PACE of Roanoke, Inc. -A center which provides in home services and on-site services to nursing home eligible seniors. The on- site services will include adult day care services, PACE is an alternative to nursing home care. iii. Kissito Village of Roanoke, Inc. -a 144 unit senior living community. This portion of the project includes financing the acquisition and renovation of the building. This community will offer affordable housing for the elderly. The building currently receives a HUD subsidy through a HAP (Housing Assistance Program) contract for fifty-seven of the units. The project will maintain the number of HUD subsidized units at its current amount,with no planned future increases in HUD subsidized units. c. Financing arrangement and projected timeline in the same order as above: i. Kissito 1884 House, Inc. -This building was purchased with a loan from Valley Bank. The renovations will be funded through the same loan and from bond proceeds. Bond proceeds will be used to refinance the bank loan. Renovations should take approximately 4 months to complete. ii. Kissito PACE of Roanoke, Inc.-The bulk of the renovation on the PACE Center was financed by cash on hand at Kissito. The expected opening date will be determined based on final licensure. Hi. Kissito Village of Roanoke, Inc. -This building will be purchased and renovated with the proceeds of the bond issue. Renovations are expected to be completed in 10 months time. d. If the Applicant now owns the project site: i. Kissito 1884 House, Inc.-Purchased on December 27, 2012. The mortgage is for$160,000 and held by Valley Bank. ii. Kissito PACE of Roanoke, Inc.-This office space is being leased by Kissito from Hall&Associates. iii. Kissito Village of Roanoke, Inc. -Applicant does not own building at 21Page this time but entered into a purchase contract on February 22, 2013. e. If the Applicant does not own the project site: i. Kissito 1884 House, Inc. - Project site owned. H. Kissito PACE of Roanoke, Inc. -This office space is being leased by Kissito from Hall&Associates. iii. Kissito Village of Roanoke, Inc.-Applicant does not own building at this time but entered into a purchase contract on February 22,2013. f. Present owner of the site&relationship to Applicant: i. Kissito 1884 House, Inc. - Project site owned. H. Kissito PACE of Roanoke, Inc. -This office space is being leased by Kissito from Hall &Associates. Hall &Associates is unrelated to Kissito. iii. Kissito Village of Roanoke,Inc. -Applicant does not own building at this time but entered into a purchase contract on February 22, 2013. The owner is unrelated to Kissito. g. Architect, Engineer,etc. Architect: John Fulton Associates Engineer: Day&Kinder Consulting General Contractor: JMS Builders/Developers, Inc. h. Principal Items or Categories of Equipment to be acquired: Kitchen Equipment Medical Clinic Equipment Transport Vehicles Therapy Equipment Medical Exam Tables Office Furniture Audio Visual Equipment Computer Hardware Center Furniture Medical Records Equipment i. A portion of the Therapy Equipment for PACE has been purchased and delivered. The cost is approximately$50,000. The rest of the equipment has not been ordered. j. Uses of Bond Proceeds: Description of Cost Amount Debt Service Reserve Fund $750,000 Cost of Issuance Tax Exempt Bond $140,000 Cost of Issuance Taxable Bond $535,000 Purchase of Kissito Village of Roanoke, Inc. $1,250,000 Renovation of Kissito Village of Roanoke, Inc. $2,200,000 Purchase of Kissito 1884 House, Inc. $200,000 Renovation of Kissito 1884 House, Inc. $260,000 Kissito PACE Vehicle&Equipment Purchase $500,000 Kissito PACE Leasehold Improvements $500,000 Kissito PACE Working Capital $210,000 Kissito PACE Working Capital (Taxable_) $265,000 Kissito Capital Equipment Budget $500,000 Development Fee $490,000 Face Amount of Issue $7,800,000 k. Yes,some of the above expenditures have already been made. The purchase 31 ? age of Kissito 1884 House, Inc.was made with a loan from Valley Bank. We intend to use bond proceeds to refinance that loan. Also,the Kissito PACE Leasehold Improvements have been paid by Kissito. Tax-exempt bond proceeds will be used to reimburse Kissito to the extent permitted by federal tax law. I. None of the above expenditures have been incurred but not paid by the Applicant. in Yes,costs of working capital and work in process are included in the proposed uses of bond proceeds. n. Yes,funds from the bond proceeds will be used to refinance the mortgage at Valley Bank for the purchase of Kissito 1884 House, Inc. o. The 10 units at Kissito 1884 House, Inc. and 144 units at Kissito Village of Roanoke, Inc.will be leased to elderly people for use as their primary residence. p. Kissito does not have any outstanding bonds at present. q. Existing facility leases: i. Kissito Post Acute- Brian Center Alleghany(Nursing Home) 100 ARH Lane Low Moor,VA 24457 ii. Kissito Healthcare -Brian Center Botetourt (Nursing Home) 188 Old Fincastle Road Fincastle,VA 24090 Kissito Healthcare -Bland County (Nursing Home) 12185 Grapefield Road Bastian, VA 24314 iv. Kissito Healthcare - Hot Springs (Nursing Home) 167 Spring Street Hot Springs,VA 24445 v. Kissito Healthcare- Maple Grove (Nursing Home) 318 E. Main Street Lebanon,VA 24266 vi. Palm View Rehabilitation&Care Center (Nursing Home) 2222 S.Avenue A Yuma,AZ 85364 r. No,this project will not involve the creation of any pollutants or other emissions or the use or manufacture on any toxic or hazardous substances. No, operation of the project will not involve consumption or use of large amounts of electricity,water,gas or other services or products customarily furnished by utilities. No,construction or operation of the project will not have impact upon local businesses or residents. 4. Financial a. No additional future financing plans at this time. b. Please see attached Notes Payable Summary. c. Proposed immediate&long-term capital expenditures: none in addition to the projects outlined here-in. d. Commercial Banking Connections: 4 ' Page i. Valley Bank 2 years ii. Bank of Oklahoma > 5 years iii. First National Bank&Trust of West Virginia> 5 years iv. Bank of Texas > 5 years v. Branch Banking and Trust Company> 5 years vi. First Citizens Bank> 5 years vii. Bank of Botetourt> 5 years viii. National Bank of Arizona > 5 years e. Please see attached Financial Statements for the preceding three years. i. Statement of financial condition. (attached) H. Profit and loss statement. (attached) Hi. Statement of surplus. (N/A) f. Neither the applicant nor any proposed guarantor has ever been the subject of a bankruptcy case. g. The underwriter has been retained: The Applicant has engaged Northeastern Financial Group, Inc., Red Bank, New Jersey,as investment banker. h. The Applicant anticipates that the bonds will receive an investment grade rating. The Applicant intends to make a public offering of the bonds. Specific investors have not yet been identified. 5. Miscellaneous a. The Applicant is not currently involved in any litigation. b. The Applicant is not now subject to order,decree,or judgment of any court or governmental agency or body. c. Neither the Applicant nor any proposed guarantor is involved in investigation,litigation or proceeding relating to the issuance or sale of securities or any banking laws, d. Other than regulation in the ordinary course of the Applicant's healthcare operations,the Applicant is not subject to regulation by any federal agency. e. The Applicant's FEIN is 36-3666533. f. The principal users of the project will be Kissito 1884 House, Inc., Kissito PACE of Roanoke, Inc., and Kissito Village of Roanoke, Inc. g. The sites of the proposed projects are currently adequately served by public roads and all necessary utilities. h. The PACE Center will receive funding from Medicare and Medicaid for services actually provided to the clients of the PACE Center. Kissito Village will receive HUD funding through a HAP contract. i. After completion of the projects,we expect 50+ full time employees to be employed on a year-round basis. j. The average annual salary of these employees is $54,600. k. The estimated annual payroll is $2,893,800 I. We anticipate the wage scale to grow at 2%per year. m. The Applicant anticipates that the senior housing communities included in the project will maintain adequate occupancy to support debt service and operating expenses. There is no current plan to increase the number of units in the communities. PACE is a relatively new approach to providing needed 5 IPage services to seniors. The Applicant believes that there is strong demand in the City and County of Roanoke for a system of caring for seniors outside of the traditional nursing home setting. The Applicant believes that the number of clients served by the PACE Centers will increase over time,but is not able to estimate the rate of growth at this time. n. If the authority approves our application we anticipate issuing the bonds at the end of April and to start construction immediately thereafter. o. If financing is approved,we expect the Authority bonds to be sold by public offering. p. N/A. The bonds will not be sold by Private Placement. q. We do not anticipate paying property tax as Kissito Healthcare, Inc. is a non- profit entity. r. We do not anticipate paying property tax as Kissito Healthcare, Inc.is a non- profit entity. s. We do not anticipate paying property tax as Kissito Healthcare, Inc. is a non- profit entity. t. No manufacturing or industrial processes will be conducted in the projects. Machinery will be limited to office equipment and HV/AC. u. We do not anticipate paying personal property tax as Kissito Healthcare, Inc. is a non-profit entity. v. We do not anticipate merchants'capital tax. The projects will not be used to sell goods, other than sales incidental to the Applicant's activities as a senior care provide,such as meals and disposable medical supplies. w. At this time,the Applicant is not able to estimate the amount of goods to be purchased from Virginia companies. The Applicant anticipates that the majority of goods used in the operation of the projects will be purchased from local sources. x. At this time,the Applicant is not able to estimate the amount of goods to be purchased from non-Virginia companies. The Applicant anticipates that the majority of goods used in the operation of the projects will be purchased from local sources. y. At this time,the Applicant is not able to estimate the amount of services to be purchased from Virginia companies. The Applicant anticipates that the majority of services used in the operation of the projects will be purchased from local sources. z. At this time,the Applicant is not able to estimate the amount of services to be purchased from non-Virginia companies. The Applicant anticipates that the majority of services used in the operation of the projects will be purchased from local sources. aa. It is understood and agreed by the Applicant that Applicant (a) will,upon the filing of this application,pay the Authority's application fee in the amount of $1,750 and prepay the cost of necessary advertisement of any public hearing required to be held with respect to this application, and (b) will pay,when billed,the Authority's dosing fee of 1 mill (.001) of the face amount of the Bond issue with a minimum of$1,000 and a maximum of$30,000, (c) an annual administrative fee of 1/16th of 1%on all outstanding bonds and (d) 61Page all other costs and expenses, including reasonable fees of the Authority's counsel and bond counsel,with respect to this application and any Authority or City Council of City of Roanoke meetings held in connection therewith. In addition,Applicant understands and agrees that in the event the Authority approves the application and adopts an inducement resolution with respect thereto and thereafter authorizes the issuance of its bonds or notes to finance a facility on behalf of the Applicant, all costs of the Authority in connection with any such issue,including the reasonable fees of the Authority's counsel and bond counsel,will be paid either from the proceeds of the issue or directly by the Applicant,or if such bonds or notes are not issued for any reasons,then directly by the Applicant. It is further agreed that the Authority and City of Roanoke have not,nor will they,endorse the creditworthiness of the Applicant,or the ability of the Applicant to repay and bonds or notes issued in connection with the facility, and that any purchaser of such bonds or notes shall purchase such at their sole risk,with the Authority and the City of Roanoke having no knowledge of nor interest in the likelihood of the successful operation of the facility or repayment of such bonds or notes. Any purchaser of such bonds or notes must agree to the before-mentioned statement and to the fact that no representations of any kind have been made by the Authority or City of Roanoke regarding the Applicant or the facility. bb.The Applicant understands that the approval or disapproval of this application is within the discretion of the Authority and that if approved by the Authority the requested financing must also be approved by the City Council of City of Roanoke,Virginia; that the Authority and/or the City Council may require additional financial and other information from the Applicant; that if this application is approved and Authority, its legal counsel and bond counsel,and shall include provisions satisfactory to the Authority, with respect to indemnifying the Authority and payment by Applicant to the Authority of additional funds as may be necessary on an annual basis to be applied to the Authority's general operating and audit expense while such bonds or notes are outstanding and that if the Authority adopts an inducement resolution with respect to the issuance of bonds or notes on behalf of Applicant and thereafter before the issuance of its bonds or notes determines (1) that any material information furnished to the Authority or the City Council by or on behalf of the Applicant is false or misleading, (2) that the Applicant has failed to abide by any rules,procedures,requirements or agreements arising from or related to this Application Statement, (3) if after the adoption of such resolution the proposed financing is not thereafter approved by the City Council of City Council of City of Roanoke,or (4) if the Authority deems the Applicant to have taken insufficient action toward closing the requested financing,the Authority, in any such event, reserves and shall have the right to revoke or rescind such inducement resolution which the Authority has entered into with Applicant, after not less than ten (10) days written notice of the Authority's intention so to do, addressed and mailed to the Applicant at its address given in this Application. 7Ilage Dated this 9th day of January,2013. Applicant: Kissito Healthcare, Inc. By: Thomas M. Clarke Its: President and CEO Address 5228 Valleypointe Pkwy. Ste. 1, Bldg. B Roanoke,VA 24019 81Page CERTIFICATE The undersigned Secretary of the Economic Development Authority of the City of Roanoke, Virginia("Authority")certifies as follows: 1 . A meeting of the Authority was duly called and held on March 20, 2013, at 8:00 o'clock a.m. in the Economic Development Conference Room in the Office of Economic Development of the City of Roanoke located at 117 Church Avenue, Roanoke, Virginia 24011, pursuant to proper notice given to each Director of the Authority before such meeting. The meeting was open to the public. The time of the meeting and the place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. 2. The Chairman announced the commencement of a public hearing on the application of Kissito Healthcare, Inc. and that a notice of the hearing was published once a week for two successive weeks in a newspaper having general circulation in the City of Roanoke, Virginia (the "Notice"), with the second publication appearing not less than six (6) days nor more than twenty-one (21) days prior to the hearing date. A copy of the Notice has been filed with the minutes of the Authority and is attached as Exhibit A. 3. A summary of the statements made at the public hearing is attached as Exhibit B. 4. Attached as Exhibit C is a true, correct and complete copy of a resolution (the "Resolution") adopted at such meeting of the Authority by a majority of the Directors present at such meeting. The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on this date. WITNESS my hand and the seal of the Authority, this 20th day of March, 2013. (SEAL) Ace iitary, Economic Development Authority fi of the City of Roanoke, Virginia Exhibits: A - Copy of Certified Notice from Newspaper B - Summary of Statements C - Public Hearing Resolution -2- W EXHIBIT A The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times + oppro3metely 0.149 aerie! NOTICE OF PUBLIC , eaoi`ciimer2Avenue,'' SELL & MELTON, L.L.P. REARING ON ' Roanoke,Virginia 24016 (the-'.s384 House. SELL & MELTON, L.L. P. PROPOSED hmp e 577 MULBERRY ST REVENUE BOND 114x3 s,FacIlnty;the MACON GA 31201 FINANCING BY paying (isslta PACE of Roanoke.Inc.'s costs of ECONOMIC leasehold Improvements ['FREEDMEN' to,and equipment and turemis es loco leased REFERENCE: 85233681 10743.0195 Premlees master at 13256896 NOTICE OF PUBLIC HEA WORM CRY F Roan Concourse.Virg 0401, THE CRY of (theake.Vs ACE F (the 'ybsIn PACE t ROANONE;VIRGINIA Facility"),ee'Prog,ram of State of Virginia Almnnuswe Care for the City of Roanoke thalt ethe Econolmic Elderly (•PPCE'); (e) ,Development Authority Providing certain Initial the.City of Roanoke. deposits accounts lnsestalished Virginia rAuthoMY)wui under the indlenlbM1e, I, (the undersigned) an authorized representative under the Iebeevrc. hold a public hearing on reserve a debt for the of the Times-World Corporation, which corporation the application of a n eras 130 OW and is publisher of the Roanoke Times, a daily Realmc nrq Inc.. a0 (0p020cerainco;sof. P Y clrporeine-mror ite Issuance of The costs of. assigns(the,oneowerld 2013 BoesfInase)ad' Virginia, published in Roanoke, in the State of whoseaddres SBu din zm3 Bonds("Praiser). "i Virginia, do certify that the annexed notice was B"oSulte,Onee522En B, SuIU to One, 5226. bandies re uM1ewnby' published in said newspapers on the following Roan Roanoke,Virginia 2401.14 theBorrwer will of RoanobngltheA thority' constitute Borrower well not dates: top laela{ulae Authority pl pledge of the $12,000,000 of its cIredi the faith and revenue bonds,mene or commonwealth M1or e tiles from time to Virginia or the City of • time the"Series 2013 Roanoke,Virginia,and. Bendel,to he used to neither the faith and finance or refinance(a) credit nor the taring City/County of Roanoke, Commonwealth/State of then acquisition, power of the Virginia. Sworn and subscribed before me this 'equipping of a facility Commonwealth an of Virginia io any r e fwel /574, day of March 2013. Witness my hand and referred to hereinaslthel bebale•gld.�tolhe •Peon ur°) ana ma; pe pfeagee bo me official seal, acquisition,construction' Payment of such bonds. and e4mPPlnpnaraM,to The nubile hearing.which /� be located to Roanoke' Y be ,continued will a pea a 9..4./W41172/ c O,' —w-kut ,/ Notary Public Count/Virginia and lobe 8:00ro'clock be mle at p vC. Y March o'clock 20 ,before re used far: (a)paying the m..an z0,za1s,3010,3 costs renovation, Kink° and geo f Roa,or eWIm ttEtfgfgq lolcaeefROato 5 _ / sets dAh Hawthorne Road'. !/Ai v`�'ku'CN r;.....He Pie Roenok., Virginia' Q� '• i 24012, 144-unit 4'• :'NOP.py'';lal. affordable housing• PUBIC "."'""a facility for the elderly,on PUBLISHED ON: 03/06 03/13 - an epproslmateel 5.03 C'; REGA'228g?11* acre tract of lend(the MY COMMISSION 'Hawthorne FacWt(I;(b) wee' repaying the lempgrerY 1 G .• —PIRF$ /:`M financing by means of %�1!•./ S 4 yr, which Rl•slto 1884' • House.Inc., acquired easefrniA• 71/ •FSP% 1884 dable a 10-unlit TOTAL COST: 1,084. 56 pg',af 2-.103.4-• facility cat eeeheolaealY. FILED ON: 03/13/13 on a + Authorized Signature: , Billing Services Representative the Authority, In the Board Room of the City. N Roanoke Department of Economic Development located at. SST Chu re h Street, i Roanoke,Virginia 24011. Any person interested In the tssuanee of the bonds or the location or nature. of the proposed project bearing appear at the his -or her views. Information regarding the Borrmver'e application is on Rte and D open for inspection at the Authority's office at' 117 Church Street. Roanoke.Virginia 24011, Miring business hours. Economic Development Authority of the City of Roanoke.Virginia 1113266696) EXHIBIT B Summary of Statements Representatives of Kissito Healthcare, Inc. appeared before the Authority to explain the project and the financing. No one appeared in opposition to the proposed bond issue. RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE,VIRGINIA AUTHORIZING THE ISSUANCE OF UP TO $12,000,000 REVENUE BONDS FOR THE BENEFIT OF KISSITO HEALTHCARE, INC. WHEREAS, the Economic Development Authority of the City of Roanoke, Virginia, a political subdivision of the Commonwealth of Virginia (the "Authority"), is empowered by the Virginia Economic Development and Revenue Bond Act, as amended (the "Act"), to issue its revenue bonds to protect and promote the health and welfare of the inhabitants of the Commonwealth of Virginia by assisting in the refinancing of medical facilities and facilities for the residence or care of the aged owned and operated by organizations which are exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code, as amended; WHEREAS, the Authority has received a request from Kissito Healthcare, Inc., a Illinois not-for-profit corporation (the "Borrower"), requesting that the Authority issue its revenue bonds to assist in financing or refinancing the acquisition, construction and equipping of facilities (such facilities being referred to herein as the"Facilities") and the acquisition, construction and equipping thereof, to be located in the City of Roanoke and Roanoke County, Virginia and to be used for: (a) paying the costs of the acquisition and renovation, by Kissito Village of Roanoke, Inc. located at 5300 Hawthorne Road, Roanoke, Virginia 24012, a 144-unit affordable housing facility for the elderly, on an approximately 5.03 acre tract of land (the "Hawthorne Facility"); (b) repaying the temporary financing by means of which Kissito 1884 House, Inc., acquired 1884 House, a 10-unit affordable housing facility for the elderly, located on an approximately 0.149 acre tract of land located at 301 Gilmer Avenue, Roanoke, Virginia 24016 (the "1884 House Facility"); (c) paying the costs of renovating the 1884 House Facility; (d) paying Kissito PACE of Roanoke, Inc.'s costs of leasehold improvements to, and equipment and furnishings for, its leased premises located at 5251 Concourse Drive, Roanoke, Virginia 24019 (the"Kissito PACE I Facility"), in which it offers its Program of All-Inclusive Care for the Elderly ("PACE"); (e) providing certain initial deposits into the funds and accounts established under the Indenture, including a debt service reserve fund for the Series 2013 Bonds; and (f) paying certain costs of issuance of revenue bonds (the "Series 2013 Bonds")for such purposes(the "Project"or"Plan of Financing"); WHEREAS, such assistance will benefit the inhabitants of the City of Roanoke, Virginia and the Commonwealth of Virginia, either through the increase of their commerce or through the promotion of their safety, health, welfare, convenience or prosperity; WHEREAS, preliminary plans for the Plan of Financing have been described to the Authority and a public hearing has been held as required by Section 147(f) of the Internal Revenue Code of 1986, as amended("Code") and Section 15.2-4906 of the Act; WHEREAS, the Borrower has represented that the estimated cost of the financing of the Plan of Financing and all expenses of issue will require the issuance of Series 2013 Bonds in the aggregate principal amount not to exceed $12,000,000; WHEREAS, (a) no member of the Board of Directors of the Authority is an officer or employee of the City of Roanoke, Virginia, (b) each member has,before entering upon his duties during his or her present term of office, taken and subscribed to the oath prescribed by Section 49-1 of the Code of Virginia of 1950, as amended and (c) at the time of their appointments and at all times thereafter, including the date hereof all of the members of the Board of Directors of the Authority have satisfied the residency requirements of the Act; and WHEREAS, no member of the Board of Directors of the Authority has any personal interest or business interest in the Borrower or the Series 2013 Bonds or has otherwise engaged in conduct prohibited under the Conflict of Interests Act, Chapter 31, Title 2.2 of the Code of Virginia of 1950, as amended (the "Conflict of Interests Act") in connection with this resolution or any other official action of the Authority in connection therewith; NOW, THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA 1. It is hereby found and determined that the construction and equipping of the Project will be in the public interest and will promote the commerce, safety, health, welfare, convenience or prosperity of the Commonwealth of Virginia, the City of Roanoke, Virginia and their citizens. 2. The Authority hereby agrees to assist the Borrower in financing or refinancing the Plan of Financing by undertaking the issuance of its Series 2013 Bonds in an amount not to exceed $12,000,000 upon terms and conditions mutually agreeable to the Authority and the Borrower. The Series 2013 Bonds will be issued pursuant to documents satisfactory to the Authority. The bonds may be issued in one or more series at one time or from time to time. 3. It having been represented to the Authority that it is necessary to proceed immediately with the Plan of Financing, and the planning therefor, the Authority agrees that the Borrower may proceed with plans for the Plan of Financing, enter into contracts for land, construction, materials and equipment for the Project, and take such other steps as it may deem appropriate in connection with the Plan of Financing, provided, however, that nothing in this resolution shall be deemed to authorize the Borrower to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Plan of Financing. The Authority agrees that the Borrower may be reimbursed from the proceeds of the Series 2013 Bonds for all expenditures and costs so incurred by it, provided such expenditures and costs are properly reimbursable under the Act and applicable federal laws. 4. At the request of the Borrower, the Authority approves Sell & Melton, L.L.P., Macon, Georgia, as Bond Counsel in connection with the issuance of the Series 2013 Bonds. 5. All costs and expenses in connection with the financing or refinancing of the Plan of Financing and the construction and equipping of the Project, including the fees and expenses of Bond Counsel and Authority Counsel, shall be paid by the Borrower or, to the extent permitted by applicable law, from the proceeds of the Series 2013 Bonds. If for any reason such Series 2013 Bonds are not issued, it is understood that all such expenses shall be paid by the Borrower and that the Authority shall have no responsibility therefor. -2- 6. In adopting this resolution the Authority intends to take "official action" toward the issuance of the Series 2013 Bonds and to evidence its "official intent" to reimburse from the proceeds of the Series 2013 Bonds any expenditures paid by the Borrower to finance or refinance the construction and equipping of the Project and the planning therefor before the issuance of the bonds, all within the meaning of regulations issued by the Internal Revenue Service pursuant to Sections 103 and 141 through 150 and related sections of the Code. 7. The Authority recommends that both the Board of Supervisors of Roanoke County, Virginia and the City Council of the City of Roanoke, Virginia, each approve the issuance of the Series 2013 Bonds. 8. No Series 2013 Bonds may be issued pursuant to this resolution until such time as the issuance of the Series 2013 Bonds has been approved by the City Council of the City of Roanoke, Virginia. 9. This resolution shall take effect immediately upon its adoption. -3- CERTIFICATE The undersigned Secretary of the Economic Development Authority of the City of Roanoke, Virginia (the "Authority") certifies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the Directors of the Authority present and voting at a meeting duly called and held on March 20, 2013, in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended but is in full force and effect on this date. WITNESS the following signature and seal of the Authority, this 201h day of March, 2013. (c// %$seret y of the Economic Development Authority �ofth City of Roanoke, Virginia [SEAL] -4- Dated March 19,2013 Kissito Healthcare, Inc. (Applicant) Financing/refinancing and Renovation of Affordable Housing for the Aged Located in the City of Roanoke (Facilities) 1. Maximum amount of financing sought: $12,000,000 2. Estimated taxable value of the facility's real property to be constructed in the locality: The total real estate acquisition, real estate renovation and tenant improvements budget for the projects is $460,000. The break-down is as follows: Description of Cost Amount Purchase of Kissito 1884 House, Inc. $200,000 Renovation of Kissito 1884 House, Inc. 260,000 Total $460,000 (i) This amount, if taxable,would be taxable to the landlord, as owner of the building. 3. Estimated real property tax per year using present tax rates: The applicant believes that the property will be tax-exempt. 4. Estimated personal property tax per year using present tax rates: The project will not include any significant personal property component. 5. Estimated merchants' capital tax per year using present tax rates: Not applicable. 6. a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality: n/a b. Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality: n/a c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality: $50,000.00 (annual property management fee to a local company) d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality: n/a 7. Estimated number of regular employees on year round basis: 'fhe applicant will retain the services of a management agent for Kissito 1884 House. The applicant is unable to estimate the number of employees the management agent will have assigned to the project. 8. Average annual salary per employee: n/a Signature Chairman Economic Development Authority of the City of Roanoke 2 O Kissito 5228 Valleypointe Parkway Building B, Suite 1 Healthcare Roanoke,VA 24019 Collaborative Care Solutions Phone: 540.265.0322 Fax: 540.265.0305 Integrity ♦Passion ♦Excellence 0 Respect April 8,2013 Via Email Delivery The Honorable David A. Bowers The Honorable Court G. Rosen Mayor of the City of Roanoke Vice-Mayor of the City of Roanoke 215 Church Avenue, S.W.,Room 452 215 Church Avenue, S.W.,Room 456 Roanoke,Virginia 2401 1-1594 Roanoke, Virginia 24011-1594 The Honorable William D. Bestpitch The Honorable Raphael "Ray" E. Penis Council Member, City of Roanoke Council Member, City of Roanoke 215 Church Avenue, S.W., Room 456 215 Church Avenue, S.W., Room 456 Roanoke,Virginia 24011-1594 Roanoke, Virginia 24011-1594 The Honorable Sherman P. Lea The Honorable Anita J. Price Council Member,City of Roanoke Council Member, City of Roanoke 215 Church Avenue, S.W., Room 456 215 Church Avenue, S.W.,Room 456 Roanoke, Virginia 24011-1594 Roanoke, Virginia 24011-1594 The Honorable David B. Trinkle Council Member, City of Roanoke 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1594 RE: Proposed Bond Financing by the Economic Development Authority of the City of Roanoke,Virginia for the Benefit of Kissito Healthcare,Inc. Dear Mayor, Vice—Mayor and Council Members: Thank you for your consideration of the application of Kissito Healthcare, Inc. for revenue bond financing of our project. I am writing to respond to the specific questions raised by the Council at its meeting of April 1, 2013. Before addressing your specific questions, a brief overview is in order of Kissito Healthcare's objectives in undertaking the project and the public benefit Kissito Healthcare intends to provide through the project. Kissito Healthcare has been engaged in providing care to the elderly for over 25 years. Kissito Healthcare has been a part of the Roanoke business community since 2005. Historically, Kissito Healthcare's focus has been on providing nursing home care. Currently, we operate five nursing homes and one assisted living facility in the www.kissitohealthcare.org April 8, 2013 Page 2 of 6 Commonwealth and one nursing home in Arizona. In our many years of providing care to the elderly, we have made efforts to adapt to the changing needs of the elderly we serve and to the changing federal and state policies and objectives in caring for the elderly. Today, seniors live longer and remain healthy longer than they did in past years. Today, many seniors are able to stay at home and in the community longer than in the past if the right kind of health care and other support services are made available to them. Federal and state policies are changing in recognition of the changing needs of seniors and in recognition of budgetary constraints and the high cost of providing inpatient care through hospitals and nursing homes. The projects to be funded through revenue bond financing are a part of Kissito Healthcare's efforts to adapt to the needs of seniors and to federal and state health care policy. The project consists of three interrelated components — a PACE center (Program of All- inclusive Care for the Elderly) and two housing facilities which will provide rental housing principally to the elderly. The PACE center will provide a package of services intended to permit seniors to remain at home longer than would he possible without such services. The services will include adult medical day care, in home nursing, therapy and personal services, coordination with physician care and pharmacy services. In addition, should a participant require inpatient care, the PACE center will coordinate with hospitals and nursing homes to provide such care. The housing facilities are expected to be integral to the PACE center. Kissito Healthcare will offer housing to PACE participants, as well as the general public. Kissito Healthcare anticipates that the project will provide the valuable public benefit of improving the quality of life of the seniors in our community through in home,community based care. Kissito Healthcare believes that, through the PACE based services and senior housing, Kissito can help the elderly in the Roanoke Valley substantial delay institutionalization in nursing homes and, in some cases, avoid ever having to be admitted to a nursing home. With that background, I will now address the specific questions raised at the Council meeting. 1. Relationship between Kissito Healthcare, Inc. and JMS Builders/Developers, Inc. Kissito Healthcare's purpose of acquiring a controlling interest in JMS Builders/Developers, Inc. ("JMS") can be summarized in one word — control. Health care facilities are capital intensive. The regulatory standards for health care facilities are exacting. Cost containment is critical, particularly in today's governmental budgetary environment. On January 1, 2011, Kissito Healthcare purchased a 50.01% interest in JMS, making Kissito Healthcare the largest stockholder in JMS. As the largest single stockholder, Kissito is in a position to control the quality and cost of construction services for its facilities. Kissito Healthcare's relationship with JMS began in 2010. Kissito Healthcare hired the (at that time) unaffiliated JMS to perform a S3.2 million renovation of Kissito Healthcare Palm View Rehabilitation and Care Center in Yuma, Arizona. Kissito Healthcare's management team was favorably impressed with both the high-quality and low-cost provided by JMS. Since Kissito Healthcare acquired a controlling interest in JMS, JMS has completed the Palm View www.kiscitohealthcare.org April 8,2013 Page 3 of 6 renovation and over $1.8 million in renovations on Kissito llealthcarc's five Virginia Nursing Homes and construction of tenant improvements for the PACE Center. To date, Kissito Healthcare's acquisition of stock in JMS has produced the results Kissito Healthcare sought to obtain. 2. Construction Cost Control Kissito Healthcare's position as the largest single stockholder of JMS places Kissito Healthcare in a position to drive a hard bargain with JMS in terms of both the quality and cost of construction. Kissito 1 lealthcare has every motivation to demand and insist on competitive pricing and high quality work. The business of caring for the elderly in today's economy and budgetary environment requires strong financial management and cost control. Kissito Healthcare's objective in sizing the bond issue is to raise only enough funds to finance the project and fund the development fee and working capital reserves to ensure success of the project. Kissito Healthcare has no desire to be over burdened with unnecessary debt. Kissito Healthcare is satisfied that the mechanisms are in place to assure that the pricing offered by JMS is fair, reasonable and free of excessive mark-ups. For each project, JMS is required to account for all construction costs in detail. JMS charges Kissito Healthcare for labor and materials at cost. JMS is required to provide supporting documentation for each construction draw and a detailed cost accounting at the close of each project. The draw process and construction cost accounting includes providing Kissito Healthcare with access to purchase orders and receipts for materials and copies of all subcontracts. Construction oversight includes the customary construction industry safeguards to ensure that Kissito Healthcare pays only for materials actually delivered to the job site and used in the construction project and only for labor which was actually performed in accordance with the project specifications. 7MS is permitted an overhead allowance of 14% of the direct project costs. This overhead allowance is within an acceptable range in the construction industry. Further, as a 50.01% stockholder, half of JMS's profits are cycled back to Kissito Healthcare in the form of dividends. This further reduces the effective cost of the project to Kissito Healthcare. To date, JMS has met or exceeded expectations for quality and cost. This is not the type of related party transaction which lends itself to overcharging. The normal concern is that individuals who control both the non-profit corporation and the vendor will use their influence as officers or directors of the non-profit to overcharge the non-profit for the benefit of the vendor. Those concerns are not present in this situation. Kissito Healthcare is the majority stockholder. The minority stockholders of JMS are John Surprenant (30%) and Robert Bell (19.99%). Mr. Surprenant is not a director or officer of Kissito Healthcare or any affiliate of Kissito Healthcare. Mr. Bell is a former employee of Kissito Healthcare and the corporate secretary of Kissito Healthcare. As the corporate secretary of Kissito Healthcare, Mr. Bell's responsibilities are limited to maintaining the corporate records of Kissito llealthcare. Mr. Bell is not a director or officer having authority to oversee the construction work. In the final analysis, Kissito Healthcare is not obligated to use JMS for any of Kissito Healthcare's projects. JMS is properly motivated to perform well. If JMS is unable to deliver a cost effective, quality product,Kissito Healthcare will take its business elsewhere. www.his sit oh oak hcare org April 8, 2013 Page 4 of 6 3. Development Fee The development fee is tied to the development of the PACE program. As explained further, developing a PACE program is a long, complex and expensive undertaking. The Virginia Department of Medical Assistance Services ("DMAS") is the state department which manages the Virginia Medicaid program. Medicaid funding is an integral element of PACE funding. In recognition of the high costs of developing a PACE program, DMAS has awarded other organizations developing PACE programs in Virginia grants in the amount of$500,000 to fund the development costs. Unfortunately, DMAS did not award a grant to Kissito Healthcare due to budgetary constraints. The $490,000 development fee to be funded from bond proceeds is intended to take the place of a grant. Kissito Healthcare has been working on developing the PACE program for almost three years. The reason for the long development period is the breadth and complexity of the PACE program. The PACE program will be the sole source of medical care for its participants. Kissito PACE will either provide or pay others to provide needed care, from routine care up to and including hospital care. The development fee only partially compensates Kissito Healthcare for its commitment of funds and other resources to develop the PACE program. For the past three years, Kissito Healthcare has spent more than $725,000 from its own funds to develop its PACE program. The development process involves researching the program, studying the viability of such a program in the Roanoke Valley, the lengthy application process, and pre-funding the construction of the facility. The development fee will help offset the costs associated with development of PACE, but will not cover all of the costs. the development fee is 6.28% of the total bond issue and 7% of the tax-exempt portion. Bond counsel for the bonds is of the opinion that this percentage is within IRS guidelines for the payment of development fees from tax-exempt bond proceeds. 4. Real Estate Tax Exemption Kissito Healthcare does intend to apply for a real estate tax exemption for the portion of the project located within the corporate limits of the City of Roanoke. The facility located in the City is a ten unit apartment house. The acquisition cost of the building, plus the renovation costs, is expected to total approximately $460,000. The impact on the City's tax base for granting a tax exemption would not he significant. Kissito Healthcare's target market for the apartment house is fixed income elderly persons. In order to attract and retain such persons in residence, the rent will likely be on the low end of the market. The real estate tax exemption would help support this portion of the project. Kissito Ilealthcarc realizes that the City has its own budgetary concerns, as do all local governments in today's economy. We are willing to discuss this matter to reach an accommodation which is workable for the City and for Kissito Healthcare. www.kissitoh pal th car amg April 8, 2013 Page 5 of 6 5. Bond Financing This project fits well within the purposes of the legislative purposes of the General Assembly in enacting the Industrial Development and Revenue Bond Act in that the project will create jobs, promote economic activity through the purchases of medical supplies and other goods and provide an important public benefit in caring for the elderly. While two of the three facilities included in the project will be located in Roanoke County, the PACE center will draw employees, purchase supplies and serve elderly persons from the entire region. This serves well the legislative purposes of the Act and should be in harmony with the economic development policies of the City. In considering the bond financing, we ask that the Council keep in mind that MI faith and credit of the City is not being pledged to the payment of the bonds. The bonds are payable solely from Kissito Healthcare, its affiliates, and the project. The municipal bond market is well familiar with this type of financing. The investors who purchase the bonds will not be looking to the City to pay the bonds under any circumstances. There are significant advantages to Kissito Healthcare in using bond financing for the project. The tax exempt bond market offers longer principal amortization periods and lower interest rates than are customarily offered by commercial banks. The combination of a long principal amortization period with low tax exempt interest rates results in a monthly debt service payment which is affordable to Kissito Healthcare and the projects. Kissito Healthcare has an excellent banking relationship with a local regional bank. Kissito Healthcare decided not to seek bank financing for this project for several reasons. First, the bank has several loans outstanding with Kissito Healthcare. We do not want to concentrate our borrowing in a single lending source. Second, the size of this financing is substantially larger than the other loan transactions which Kissito Healthcare has entered into with the bank. Our feeling is that the size of this financing is more suitable for the municipal bond market than a commercial bank. 6. Construction Budget Vice-Mayor Rosen expressed an interest in reviewing the construction budget. Kissito Healthcare wishes to be completely forthcoming with the Council as it considers our request for bond financing. Kissito Healthcare will deliver construction budget information to the City Council in the coming days and ahead of the meeting on April 15'". 7. Construction Bidding and Revenue Bond Financing The Industrial Development and Revenue Bond Act does not require that the borrower accept bids from multiple general contractors or construction managers. To our knowledge, the policies of the Economic Development Authority do not require bidding. In our experience with other similar financings, most bond issuing authorities do not require bidding, except when public funds are involved. With this financing, no public funds are being requested to support the project. www.kissitohealthcare.org April 8, 2013 Page 6 of 6 Where no public funds are involved, the vast majority of bond issuing authorities leave the construction pricing and bidding to the borrower, the investment banker and the investors. We hope that this letter provides you with the information you need to consider our application for economic development revenue bond financing. If you need any additional information, please let me know. Very truly yours, T omas M. Clarke President cc(via email delivery): Wayne Bowers, Director of Economic Development Brandon Tumcr, Economic Development Authority Harwell M.Darby, Jr., Esquire Brian Townsend, Assistant City Manager www.kis.sit care.orii CITY OF ROANOKE FL 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 clerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 16, 2013 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 39635-041513 amending §2-1 Design and use of City Seal, Article I, In General, of Chapter 2, Administration, Code of the City of Roanoke, (1979) as amended; effective July 1, 2013. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 15, 2013. Sincere) tn. Stephanie M. Moon, MMC City Clerk Enclosure pc: The Honorable Brenda S. Hamilton, Clerk, Circuit Court Rick Kahl, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Chief Magistrate, Office of the Magistrate Law Librarian Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance 1 � 1 r1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of April, 2013. No. 39635-041513. AN ORDINANCE amending §2-1 Design and use of City Seal,Article I, In General, of Chapter 2, Administration, of the Code of the City of Roanoke, (1979) as amended; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 2-1 Design and use of City Seal, Article I, In General, of Chapter 2, Administration, of the Code of the City of Roanoke, (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 2-1. Design and use of city seal. The corporate seal of the city shall be a design within a circle, one and seven- eighths (17/8) inches in diameter and representing a standingsiftiug female figure, with a pair of scales in one (1) hand and a sword in the other hand, and a railway engine and a passenger train, and mountains with the design of a city in the background, and a cog wheel at the foot and to the left of the female €[gars, and in the exergue this inscription: "The City of Roanoke, Virginia." Except as otherwise specifically provided, no other seal shall be used for the city, and no paper issued by municipal authority, which requires the seal of the city, shall be valid, unless the seal described herein shall be duly affixed thereto. 2. This ordinance shall become effective July 1, 2013. 3. Pursuant to §12 of the Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. . ATTEST: } � � �• City Clerk. �J 31 (.1) Mr. Mayor Members of City Council Thank you for this time to endorse Charles Meidlinger for an appointment to the Roanoke City School Board. My name is Mack McGhee. I grew up in Roanoke City, and attended Grandin Court & Crystal Spring Elementary, James Madison Jr. High, and Patrick Henry High School. My wife, Ann, is a teacher at Fallon Park Elementary. Our two sons have attended Wasena Rade, Crystal Spring, James Madison, and are currently students at Patrick Henry. My family has directly benefited from the City school system and we have a vested interest in continuing to have a high quality education system in the City. I am here to endorse to Charles Meidlinger for appointment to the Roanoke City School Board. I have known Charles by his middle name, Johnny, for over a decade now. Hopefully there will not be too much confusion as I refer to him as Johnny. Johnny and his wife Lillian moved into the house two doors down from my family's home on Jefferson Street over a decade ago. Their arrival in Roanoke is an interesting story. Johnny is employed by IBM and his office is in Austin Texas. He has one of those enviable jobs that really doesn't require him to be in the office. A phone and Internet connection are all that he requires to get his work done. I have heard that Austin is a great place, but Johnny wanted an even better place to live. Prior to moving to Roanoke, Johnny and his wife spent several months searching the United States for the best place to raise a family. After much research and months on the road, they picked Roanoke City. Not Southwestern Virginia, not Roanoke County, not Salem, they picked Roanoke City. The beauty of our City, our proximity to recreation, our friendly nature, and our wonderful schools are a few of the many things that brought Johnny to Roanoke City. As a long time resident of the City, nothing makes me as proud to live here as having someone with no ties to the area, like Johnny, recognize what a great place we have. Johnny had not been in Roanoke very long, I believe his oldest child was not yet 1 year old, when the neighborhood Cub Scout Pack needed a new committee chair. I knew that Johnny had been a Scout growing up and was fond of the program, so I asked him if he would be willing to fill the roll. The previous committee chair ran a committee of two, the Cubmaster and himself, and things seemed to run smoothly. I did not think Johnny would be taking on much responsibility. Johnny took the committee chair position and immediately set out to give the committee purpose. He recruited more adults onto the committee and delegated tasks. In addition to Den leaders the committee got a Treasurer, Fundraising Chair, Pinewood Derby Chair, Cake Bake Chair, and Event Coordinators. As more adults got involved, more boys got involved, and attendance at our meetings and events grew and grew. When it came time to hand over the reigns, there were plenty of people with good experience to take over. Most of the people involved in Cub Scout Packs are the parents of the boys in the Pack. Johnny's boy was not close to being old enough to be a cub scout, Johnny got involved because he wanted to be an active part of our community. As a Trainer for IBM, Johnny acts as a translator sitting between IBM's developers and their customers. Working for a technology company myself, I know the difficulty of translating technical jargon into something normal people can understand. The work Johnny does for IBM requires that he not only understand technical jargon but also be able to translate it to non-technical people from a variety of backgrounds. He is able to tell when the non-technical people don't understand and to develop other ways of explaining. I have personally witnessed Johnny use this same skill to explain complicated social concepts, economic theories, and Texas holdem rules. He has a knack for making the complicated simple. Johnny and his wife Lillian have two children, one at Crystal Spring the other in the Plato program at Highland Park. Johnny wants to be on the school board because he has skills and perspectives that will be valuable to the board as they work to continue to lead our quality education system for our children. I appreciate this opportunity to endorse Charles Meidlinger and I thank you for this time. .I. Ca) My name is Tyler Ambrose and I am a junior at William Fleming and the Roanoke Valley Governor's School. I've had the pleasure of knowing Mrs. Lewis through both her tenure on the school board and as a fellow church member for over a decade and a half. In both realms, I can say with certainty that not many people have the level of commitment, personal strength, and work ethic Mrs. Lewis possesses.As a member of our church,she plays a vital role in multiple ministries assuring that she is always accessible and a wellspring of faith. Retaining that same mentality in her professional life, Mrs. Lewis truly heeds what students in this school system have to say, questions, suggestions, and all. I can attest personally to the fact that almost weekly, Mrs. Lewis would ask for my thoughts and opinions concerning various school related topics. Having school board members give ear to the students and staff they seek to serve is an invaluable quality and moreover, is the foundation of any successful school board. She has a unique ability to galvanize the community through events such as the Western Virginia Educational Classic and her active partnership with the Hurt Park Community. I believe that the type of involvement Mrs. Lewis displays-- interaction on an individual student basis--embodies the purpose of the school board, which is to develop and maintain the best functioning system of education for students and teachers alike. So,given the/t .that Mrs. Lewis has built, and firmly established, I consider it an honor and privilege to speak on her behalf and to clearly express my support in favor of Mrs. Lewis receiving a second term. April 14,2013 City Council Roanoke Noel C.Taylor Municipal Bldg, 215 Church Avenue, Roanoke,VA 24011 Dear: Roanoke City Council School Board Selection Committee Members: My name is Judie Snipes,Vice President of Carillon Clinic,and I would like to make a recommendation regarding Charles Meidlinger candidate for a scat on the Roanoke City School Board. I was fortunate enough to grow up in Roanoke and attribute my academic success in Nursing and in Business to the strong foundation I gained through attendance at Roanoke City Public Schools (RCPS) K-12! They helped me sec my future. More importantly, my two grandsons are currently students in the honors programs within the RCPS. Mc support of Charles Meidlinger is a direct result of my belief the he will consider his son,daughter and my grandsons along with other youth in the community in decision-making that will help them become successful citizens and leaders for tomorrow. I have known Charles for over seven years and I have watched him as a father,a husband,a volunteer and a Scouter. Currently Charles is an active volunteer for the Blue Ridge Mountains Council of the Boy Scouts of America and current active member of the Order of the Arrow. He is organized,helpful,tmstworthy,and detail-oriented. As an Information technology professional who has to be open-minded and collaborative Charles also displays and uses strong communications skills to lead. 1 have personally observed him engage and support parents as he educates,coaches and mentors young people. As the Committee Chair for Cub Scout Pack 1 (Pr Presbyterian Church) 1 have partnered with Charles to help young people make moral choices over their lifetime that can help them succeed in life and in the community with potential to be the leaders of our future. I can honestly say that after attending School Board meetings with some of my Scouts,I can recommend Charles Meidlinger with confidence and without reservation. I firmly believe that if given the opportunity to be a member of the School Board, he will use all of his knowledge, energy,and dedication to continuous learning to help the Board support and enhance education opportunities for the diverse groups of young people in all of the City Schools. I apologize for not being at the meeting in person but had previously agreed to teach a Merit Badge on Citizenship in the World to some young people here in Roanoke. Should you have questions,you can reach me on my cell phone a 540-529-6840 or call my office at Carilion Roanoke Memorial Hospital at 981-7751 I will be glad to provide more information or answer questions. Thank you for taking the time to read and consider my recommendation and 1 wish you the best of luck as you work to enhance and strengthen education for the youth who depend on the RCPS for help in seeing their future! Sincerely, Judie S. Snipes,RN,MBA,FACHE,CH PS Vice President,Patient Advocate and Privacy Officer Carillon Clinic Dear Mayor Bowers, Honorable Council Members, and City Manager Morrill, I am out of town on Airport Council business and unable to attend the April 15 Council meeting to make the following comments in person. Please accept this email in support of the reappointment of Suzanne Moore to the Roanoke City School Board. I've had the honor of working with her since 2010 in my capacity as a member of the Virginia Western Community College Educational Foundation on the development of a new curriculum for RCPS middle schools in edible education that directly supports STEM-H education. She has worked tirelessly with me to bring this project along, always with the best interest of the students at heart while balancing community needs and budget sensitivity. She is a thoughtful leader and an asset to RCPS. Her depth of knowledge from first hand experience as a teacher and administrator provides a unique perspective on the Board. Her reappointment will also provide continuity and retain valuable institutional knowledge in light of the pending departure of Board Chairman, David Carson as he takes on his new role as Circuit Court Judge on July 1. Thank you for your consideration. Respectfully, Cynthia Lawrence President Design Marketing& PerformanceLink Systems,Inc. 6742 Thirlane Rd. Roanoke,VA 24019 T: 540-344-8958 Ext.302 C: 703-624-8448 file://C:\Users\CKSM 1\AppData\Local\Temp\notesC7A056\—web0987.htm 4/16/2013 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times CITY OF ROANOKE MUNICIPAL BLDG RM 456 ROANOKE VA 24011 NOTICE OF PIMIR IMAOMO Reference: 10154151 FOR OOAMpMaI MOM.OOOOD111110t S 13283720 The WWI will hold a pudic hearing to receive the Meta of&Means regarding apcelpart M.Ogypke City School Bowl Rabat M Its regular meeting an State of Virginia MoMp,Apol 15,2013,at 7:00 pm.,ar ea soon thereafter as the matter may City of Roanoke he beard In the Roanoke ctiy Council Chamber. The candidates are Annette ty Lewis,Charles J.MeldlInger,Suzanne P.Mode,May&Bash and Mayne& Trompeter I, (the undersigned)an authorized representative me Council will elect two School Board Busbies ler6Mee-riar tamer of office of the Times-World Corporation, which corporation cdnnsndng July 1,2013 at lb regular meeting on Monday,May 6,2013,at is publisher of the Roanoke Times, a daily 2:00 pm.,or as soon thereafter as the Mier may be Mara,In the Roanoke newspaper published in Roanoke, in the State of hay Council Chamber. Virginia, do certify that the annexed notice was If youareapersonMMadisability MmneedsaccommodaOdsearthepub- published in said newspapers on the following It haring,please contact the City awn Office at 853-2541,by Wednesday, Ape 10,2013. dates: .. Stephanie M.Moen,MMC City Clerk City/County of Roanoke, Commonwealth/State of Virginia Sworn &subscribed before me this \tt' day of April 2013. Witness my hand and official seal. __xx „ __\ r ...a„ • - ary Public • %III ``lyhA LAy, ' PUBLISHED ON: 04/05 \10 .... .., 'llq�dr� ▪ mj PUBLIC 0 TOTAL COST: 274.98=▪ RIV OOMM 55l0h FILED ON: 4/18/2013 ,°off. via teg / l N1'FAI'N OF Authorized ✓ "��‘ Signature: /0,41,4_.7f / /� ,t' /I.QG Billing Services Representative l lJ , Alt NOTICE OF PUBLIC HEARING FOR ROANOKE CITY SCHOOL BOARD TRUSTEES The City Council will hold a public hearing to receive the views of citizens regarding appointment of Roanoke City School Board Trustees at its regular meeting on Monday, April 15, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber. The candidates are Annette Lewis, Charles J. Meidlinger, Suzanne P. Moore, Mary B. Nash and Maxyne B. Trompeter. The City Council will elect two School Board Trustees for three-year terms of office commencing July 1, 2013 at its regular meeting on Monday, May 6, 2013, at 2:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber. If you are a person with a disability who needs accommodations for the public hearing, please contact the City Clerk's Office at 853-2541, by Wednesday,April 10, 2013. Stephanie M. Moon, MMC City Clerk NOTE TO PUBLISHER: Publish in full once in The Roanoke Times on Friday, April 5, 2013. BLOCK STYLE. (2" X 4") Do not use the City's Logo. Send publishers affidavit and bill to: Stephanie M. Moon, MMC, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 540/853-2541 CITY OF ROANOKE /1 OFFICE OF THE CITY CLERIC #13-: 215 Church Avenue,S.W.,Suite 456 t s � Roanoke,Virginia(nis 23-2 411536 1 Telephone: 0)85 853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk r® oanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 16, 2013 Christopher Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing copy of Ordinance No. 39636-041513 authorizing the vacation of a portion of a public utility easement across property owned by Philomena A. Smith located at 3132 Stoneridge Road, S.W., in order to obtain clear title. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 15, 2013; and is in full force and effect upon its passage. Sincerely, 4..w/ low Stephanie M. Moon, MMC City Clerk Enclosure pc: Philomena A. Smith, 3132 Stoneridge Road, S. W., Roanoke, Virginia 24014 Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Susan Lower, Director, Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of April, 2013. No. 39636-041513, AN ORDINANCE authorizing the vacation of a portion of a public utility easement across property owned by Philomena A. Smith ("Smith"), designated as Roanoke Official Tax Map No. 1080733, located at 3132 Stoneridge Road, S.W., Roanoke, Virginia, at Smith's request; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held April 15, 2013, 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 vacation of the public utility easement. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the vacation of a portion of a public utility easement across property owned by Philomena A. Smith, designated as Roanoke Official Tax Map No. 1080733, located at 3132 Stoneridge Road, S.W., Roanoke, Virginia, at Smith's request, in order for Smith to obtain clear title, as more particularly set forth in the City Council Agenda Report dated April 15, 2013. 2. All documents necessary for this vacation shall be in a 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. ATTES City Clerk 0-Vacate Public Utility Easement to Philomena Smith-TM1080133 47 A® to i•„ - CITY COUNCIL AGENDA REPORT -,,a c,m4"-. To: Honorable Mayor and Members of City Council Meeting: April 15, 2013 Subject Public Hearing to Vacate a Portion of a Public Utility Easement Located at 3132 Stoneridge Road, SW, Also Known as Tax Map Number 1080733 Background: Philomena A. Smith is the owner of 3132 Stoneridge Road, SW. also known as Tax Map No. 1080733. The property is listed for sale. The property contains a public utility easement, a small portion of which must be vacated in order for a future owner to obtain a clear title. One corner of the dwelling located on the property encroaches into the existing easement. The public utility easement was established by the subdivision plat entitled "Map of Section No. 4 Chestnut Hills" (Recorded in Map Book 1 , Page 68). Pursuant to the requirements of the Code of Virginia, the City of Roanoke is required to hold a public hearing on the proposed vacation of public property rights. The vacation of the small portion of the easement will have no adverse impact on the City. Recommended Action: Following a public hearing, authorize the City Manager to execute the appropriate documents to vacate a portion of the existing public utility easement in order to allow for clear title on the property known as 3132 Stoneridge Road, S.W. as described above. Such documents shall be approved as to form by the City Attorney. Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Wayne F. Bowers, Director of Economic Development Christopher L. Chittum, Director, Planning Building and Development Cassandra L. Turner, Economic Development Specialist T LEGEND THE INTENT OF THIS SKETCH 6 TO SHOW THE LOCATION OF A PROPOSED EASELIENT. o IRON PN SET • IRON PIN FOUND CURVE TABLE LINE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING I CHORD DELTA LINE BE4RINC I LENGTLI CI 45.OJ' 60.DD' 2363 506500000 4398' 470000' LI 859'52008 942' PROPOSED EASEMENT LINE TABLE LINE BEARING LENGTH 4 1X2..0 A JOB 945,9'00$ 3671' P.OE B TO C 50152'048 257' LOT 4 SECTION 5 1 CIO 0 N871571117 6.38' CHESTNUT HILLS D TO E 574'59'008 7500' M8. J, PACE 107 1 81 SANITARY SEWER p.2& 7 526'1000._ . A6— t 1 MANHOLE — ——_ 60 pG 0.277 % (4717,0 1 A MB '' ACRE I PROPANE`\ I ROCK TANKS \ % N/F •q WALL \ HARRY F. DONS 1_' n TAX/7060734■ 0..a 7736, PG 1054 8 �VI 1.43' -� 1 ■16 11PC 'pG ER In D. / / 21. L ,I�5M6 :1 / LOT 19 58• i t3G SgPKR3j}2 • e mu / „ Nw t 9 A ° t\ ;>1.:ac„„...?" Of t 10. K A Q 1 E OE 798' / Ni:g I f- E"" D$ NAIL / I� 1O' FOUND - L f,04 �'LSANHARY ii a°° 5' NOBLE ��, RPQI EDGE AEN _ 30 K 11 G1 ".4I. 88' J.D / PROPOSED ‘NEW EASEMENT / 1 LINE K7 DETAIL N/S. NOTES: 1. OWNERS OF RECORD: PHILOMENA A SMITH 2. LEGAL REFERENCE: INSTRUMENT 6040004135 EASEMENT PLAT FOR 3. TAX WP NUMBER: 1080733 PHILOMENA A. SMITH 4. PROPERTY MAY CONTAIN UNDERGROUND UTILITY SERVICE LINES. 3132 STONERIDGE ROAD. 5 W. LOT 20 AND A SMALL TRIANGULAR PORTION OF LOT 21, SECTION 4 c7.0H OR ` CHESTNUT HILLS MAP BOOK 1, PACE 68 03-08-13 PC ROANOKE CITY. VIRGINIA SURVEYED MARCH 9. 2013 JOHN R. McAOEN JOB MARCH 8.00 NNSd K Lpicc. NO00200 SCALE: 1 = 30' CqAD Sl1I3ICk TEL: 540-772-9580 FAX: 540-772-8050 DRN:EWM PLANNERS ARCHITECTS ENGINEERS SURVEYORS CHK:JRM Balzer at Associates, Inc. 1208 Corporate Circle Roonoke Va. 24018 imams ••M+ The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times + ECONOMIC DEVELOPMENT ADMINISTRAT NEC(OFPUBLIC 117 CHRUCH AVE SW IIEARIBO ROANOKE VA 24011 The City or Roanoke proposes to vacate a Portion or a public utility easement,across property Smowned by Phi tome ne A. ith rSmit i.Identified by Roanoke official Tax REFERENCE: 80084300 13284012 NPH-Utility Easement at'3132SS%eIdgecRoadd, . 5 W..at Smith's request,In order for Smith to obtain • State of Virginia clear Pursuant to the City of Roanoke requirements l5 la of §15.£32813, Cade of Virginia (1950), I, (the undersigned) an authorized representative amended,notice is hereby of the Times-World Corporation, which corporation given that the City Council hold a public hearing co the is publisher of the Roanoke Times, a daily above matter at regular ril newspaper published in Roanoke, in the State of 15,213,commend gpat Virginia, do certify that the annexed notice was 70,0ap .z: rnas soon published in said newspapers on the following may be heard,In the Floor noel C. laymr Municipal Building 215 Church information Is available from the Office of the City Clerk for the City of Roanoke at (540) 8532541. City/County of Roanoke, Commonwealth/State of Citizens shall hard and y y opportunity mall have the Virginia. Sworn and subscribed before me this express their opinions on m . 1\P ay of April 2013 . Witness my hand and iyaiity ho nelds dsbi w e official seal . \ hearing, for this nearing,please contact the City Clerk's Office at(540) 853-2541,before 12:00 1• ,� �� 1. Notary Public n Aprll11,2ala - , c ,1, / cItepanieM.Moond this 1st day N April,2013. Stephanie M.Moon,MMC City Clerk. cO� P LA Y4,7 328.401.2)'x, c13284012) t .'NOF05 = 47?PEG Jr _* MY ACA • ` %/44) ..••••••NW[AUP�o o TOTAL COST: 220 .32 no . FILED ON: 04/15/13 + Authorized v Signature: dl. g al�j._ AO , 2 yU--; Billing Services Representative • /QC NOTICE OF PUBLIC HEARING The City of Roanoke proposes to vacate a portion of a public utility easement, across property owned by Philomena A. Smith ("Smith"),identified by Roanoke Official Tax Map No. 1080733, located at 3132 Stoneridge Road, S.W., at Smith's request, in order for Smith to obtain clear title. Pursuant to the requirements of §15.2-1800 and §15.2-1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on April 15, 2013, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on April I1, 2013. GIVEN under my hand this 1st day of April , 2013. Stephanie M. Moon, CMC City Clerk. PH-Vacate Public Utility F ement-3132 Stoneridge Rd.SW-TM 1 1150733 Notice to Publisher: Publish once in the Roanoke Times on Friday, April 5, 2013. Send affidavit to; Send Bill to: Stephanie M. Moon, MMC, City Clerk Sandra Turner 215 Church Avenue, S.W., Room 456 Department of Economic Development Roanoke, VA 24011 117 Church Avenue, S .W. (540) 853-2541 Roanoke, Virginia 24011 (540) 853-2715 PH-Vacate Public Utility Easement-3132 Stoncngc Rd,SW-TM 1080733 CITY OF ROANOKE It A - OFFICE OF THE CITY CLERIC 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: Nerk(:roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 16, 2013 Christopher Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing copy of Ordinance No. 39637-041513 authorizing the execution of a contract to sell to 360 Toyota, L.L.C., City-owned property located at 1530 Courtland Road, N. E., with an approximate 1.5 acre portion of the adjacent City-owned parcel located at 1684 Courtland Road, N. E., upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 15, 2013; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, MMC City Clerk Enclosure pc: J. Douglas Pridgen, Jr., President, Haley Automotive Group, 9811 Midlothian Turnpike, Richmond, Virginia 23235 Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Susan Lower, Director, Real Estate Valuation k IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of April, 2013. No. 39637-041513. AN ORDINANCE authorizing proper City Officials to execute a contract and the necessary documents to sell to 360 Toyota, L.L.C., certain City-Owned Property designated as Official Tax Map No. 3070316, located at 1530 Courtland Road,N.E., Roanoke, Virginia 24012, together with an approximate 1.5 acre portion of the adjacent tax parcel located at 1684 Court land Road, N.E., Roanoke, Virginia, 24012, being a portion of Official Tax Map No. 3070322, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; dispensing with the second reading by title of this Ordinance; and providing for an effective date. WHEREAS, after proper advertisement a public hearing was held on the above matter on April 15, 2013, pursuant to Sections 15.2-1800(B) and 15.2-1813, Code of Virginia(1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance; and WHEREAS, after closing the public hearing, Council believes the sale of such property will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of the proposed Contract for Purchase and Sale of Real Property by and between the City and 360 Toyota, L.L.C., as set forth in the attachment to the City Council Agenda Report dated April 15, 2013 (the "Contract"), which Contract provides for certain undertakings and obligations of 360 Toyota, L.L.C., as well as certain undertakings by the City. The City Council further finds that the sale of such property, as set forth in the Contract, will be of economic benefit to the City and its citizens. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the Contract to sell to 360 Toyota, L.L.C., City- Owned property located at 1530 Court land Road, N.E., Roanoke, Virginia 24012, designated as Official Tax Map No. 3070316, together with an approximate 1.5 acre portion of the adjacent City-owned parcel located at 1684 Court land Road, N.E., Roanoke, Virginia, 24012, being a portion of Official Tax Map No. 3070322, upon certain terms and conditions as set forth in the Contract. Such Contract is to be substantially similar to the Contract attached to the City Council Agenda Report dated April 15, 2013 and in a form approved by the City Attorney. The purchase price to be paid to the City is $1,035,500.00, subject to a credit at closing payable to 360 Toyota, L.L.C. of not more than $35,500.00 for third party expenses incurred by 360 Toyota, L.L.C., in evaluating the property described herein. 3. The City Manager is further authorized to negotiate, execute, and deliver such further documents and to take such further actions as may be necessary to implement, administer, and enforce the Contract, and to negotiate, execute, and deliver any other agreements and documents relating to this matter, which include but are not limited to a special warranty deed, extensions or modifications of the Contract, and such other documents as the City Manager deems appropriate. The form of any such documents are to be approved by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 5. This Ordinance shall be in effect as of the date of its passage. ATTES }�,� yy��,,�, _ \ - 4rI• rr 1 ov.) City Clerk. 1l. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 15, 2013 Subject: Contract for the Sale and Conveyance of City-Owned Property Located at 1530 Courtland Road, N.E., Roanoke, Virginia 24012 and an Approximate 1.5 acre Portion of the Adjacent Parcel Located at 1684 Courtland Road, N.E., Roanoke, Virginia 24012 Background: 360 Toyota, L.L.C. (Buyer), d/b/a Haley Toyota, a Virginia limited liability company, has made a proposal to acquire an approximately 15.6806 acre City- owned parcel located at 1530 Courtland Road, N.E., Roanoke, Virginia 24012 (Tax Map No. 3070316), and an approximate 1 .5 acre portion of the adjacent tax parcel located at 1684 Courtland Road, N.E., Roanoke, Virginia, 24012 (a portion of Tax Map No. 3070322) (collectively, the Property) in connection with the expansion of its business. The proposal includes a purchase price of $1 ,035,500 for the Property. The aggregate current assessed value of the 15.6806 acre parcel designated as Tax Map Number 3070316 and 1 .5 acre portion of Tax Map Number 3070322 is $1 ,728,155. The reduced purchase price takes into account the extensive site evaluation and site work required to convert the site for Buyer's proposed use as a full service automobile sales and repair facility. The contract provides that Buyer will also be eligible to receive a reduction in the sales price from the City at closing in the form of a Site Evaluation Credit not to exceed $35,500 for third party expenses incurred in evaluating the site. Considerations: Buyer's proposal projects a total investment for the new facility of $6,500,000 (not including land costs) and estimates the addition of twenty-seven (27) new employees. Some of the salient contractual obligations of Buyer, which must be successfully undertaken prior to transfer of the property, are outlined below: • Buyer shall have a two hundred twenty (220) day Feasibility Period after the date of the Contract to complete Buyer's review of the Property; • Buyer shall have two hundred forty (240) days beginning from the conclusion of the Feasibility Period to obtain all public approvals as applicable, including, but not limited to: zoning, site plan approval, subdivision, building permits, signage and other relevant items related to development of the Property, including a survey and resubdivision plat of the portion of Tax Map No. 3070322 which is part of the Property, at the sole cost and expense of the Buyer. • As a condition precedent to Buyer's obligation to purchase the Property or otherwise perform any obligations pursuant to this contract, Buyer must obtain approval from the Virginia Department of Transportation (VDOT) to reduce the height of existing berms presently fronting U.S. Interstate 581 (1-581 ) to a height acceptable to Buyer. The City has agreed to assist Buyer in this process. Buyer shall be responsible for all fees and payments associated with obtaining such approvals. Buyer has approved and accepted the form of the Contract for Purchase and Sale of Real Property which will convey the Property to Buyer under certain terms and conditions. A copy of the proposed Contract, with three exhibits, is attached as Attachment A. A public hearing is required prior to City Council's action on the proposed contract. Recommended Action: Absent comments at the public hearing needing further consideration, authorize the City Manager to execute the Contract for the sale of the Property in a form substantially similar to the Contract attached to this report. Such Contract is to be approved as to form by the City Attorney. Authorize the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matter, including the execution of a Deed of Conveyance, and to complete the sale of the property to 360 Toyota, L.L.C., with the form of such documents to be approved by the City Attorney, and to implement, administer, and enforce the above-mentioned Contract and any other documents. Fir ( bLwc i tt114. Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Susan S. Lower, Director, Real Estate Valuation Wayne F. Bowers, Director, Economic Development 2 CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract For Purchase and Sale of Real Property (Contract) is dated , 2013, by and between the City of Roanoke, Virginia, a Virginia municipal corporation with an address of 364 Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011 (Seller or City), and 360 Toyota, L.L.C., a Virginia limited liability company with and address of 9811 Midlothian Turnpike, Richmond, Virginia 23235 (Buyer), RECITALS: WHEREAS, Seller is desirous of selling certain real property together with any improvements thereon, located at 1530 Court land Road, N.E., Roanoke, Virginia 24012, Tax Map No. 3070316, and an approximate 1.5 acre portion of the adjacent tax parcel located at 1684 Courtland Road, N.E., Roanoke, Virginia, 24012, being a portion of Tax Map No. 3070322 (collectively, referred to hereafter as the "Property")to Buyer and Buyer is desirous of acquiring such Property upon the terms and conditions set forth below; WHEREAS, the Buyer represents to the Seller that the Buyer is desirous of purchasing the Property for the intended purposes as set forth in a document entitled "Proposed Relocation for Haley Toyota," (Buyer's Proposal) and dated September 18, 2012, which is incorporated herein by reference; and WHEREAS, Seller will sell the Property to Buyer provided Buyer fully complies with certain terms and conditions as set forth in this Contract and if Buyer fails to comply with such terms and conditions, Buyer shall be liable to Seller for the amount set forth hereinafter or for such other remedies available to the Seller as set forth in this Contractor by law. THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, Seller and Buyer hereby agree the above recitals are hereby incorporated into this Contract and that they further 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: Buyer's Proposal or Proposals: Buyer's Proposal refers to the Buyer's planned construction of a building or buildings on the Property in which to provide a mix of retail, office and repair services related to a full-service automobile dealership, as set forth in a document entitled "Proposed Relocation for Haley Toyota," which is dated September 18, 2012, a copy of which is made a part hereof and marked as Exhibit I. 360 Toyota Agreement(final) Closing: The consummation of this Contract by Seller's delivery to the Buyer of a Special Warranty Deed to the Property. Closing Date: The date provided for in Section 11 hereof for the Closing. Conditions of Title: Conditions of Title shall mean all restrictions, covenants, and easements of record affecting title to the Property as of the Effective Date, all matters set forth in Section 11 of this Contract, and all easements and other rights granted pursuant to Section 9 of this Contract. Conditions of title include also any restrictions imposed on the use of any portion of the Property by the Virginia Department of Environmental Quality, including but not limited to a Notice of Use Limitation dated May 20, 2002, recorded at the Circuit Court Clerk's Office of Roanoke City as Instrument No. 020009048, a copy of which is attached hereto as Exhibit 2 (the "Notice of Use Limitation"). Contemplated Use: Buyer intends to develop the Property for use as a full service automobile dealership offering sales, service and auto body repair operations. This use also includes the potential to develop the site as necessary to accommodate any additional dealership/brand operations and such other lawful uses as the Buyer may find appropriate. Days: Unless otherwise stated, this term means consecutive calendar days. Effective Date:The date listed in the first paragraph of this Contract. Improvements: Any and all improvements, and all appurtenances thereto, located on the Property at the time of Closing. Project: This term means and includes the development of the Property necessary to house operations for a full-service automotive dealership offering sales, service and auto body repair operations, all in accordance with the terms and provisions of this Contract. Property: The property, together with any improvements thereon, located at 1530 Courtland Road, N.E., Roanoke, Virginia 24012, designated as Roanoke City Tax Map No. 3070316, and containing 15.68 acres, more or less and an approximate 1.5 acre portion of the adjacent parcel located at 1684 Courtland Road, N.E., Roanoke, Virginia 24012 and being of a portion of Roanoke City Tax Map No. 3070322, both properties being depicted on the attached Land Title Exhibit dated 2013, prepared by Balzer & Associates of Roanoke, Virginia, a copy of which is made a part hereof and marked as Exhibit 3. The parties attach a draft Exhbit 3 hereto and agree to substitute the Land Title Exhibit to be prepared by Balzer &Associates when completed and approved by the City Manager. 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. 360 Toyota Agreement(Gnarl 2 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 One-Million Thirty- Five Thousand Five Hundred and No/100 Dollars($1,035,500.00) payable in cash or certified check from Buyer to Seller at Closing. C. Upon execution of the Contract, Buyer shall deposit with an Escrow Agent $10,000.00 (Deposit) which shall be held in escrow and applied to the Purchase Price upon settlement. 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 10 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 4. 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. 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 additional time period through no fault of the Seller, this Contract shall automatically be terminated without any further action. In the event of any termination as set forth above, this Contract shall be deemed terminated and of no further force and effect. Under such circumstances, the Buyer's deposit shall be retained by the Seller. D. Buyer shall have two hundred twenty (220) Days after the date of this Contract as a Feasibility Period(Feasibility Period) during which Buyer shall have the right to enter the Property to investigate all aspects of the Property to make such marketing financial, surveying architectural, engineering, topographical, geological, soil, subsurface, environmental, water drainage, and traffic studies and any other audits, investigations, inspection, evaluations, studies, tests, borings, and measurements as Buyer deems necessary or advisable to determine whether there exist any issues with 360 Fuyola Agreement(final) 3 that would prevent Buyer's intended use of the Property. During this Feasibility Period, Buyer shall also have received site approval for the Property from its Franchisor, as required by Buyer's ' Purchaser's Dealer Agreement" with Franchisor. Should Buyer determine during such Feasibility Period that the Property cannot be used by the Buyer due to any of the problems outlined above in this section, or should Buyer fail to obtain approval on site relocation from its Franchisor, the Buyer shall notify the Seller in writing as soon as possible, but in no event not later than five (5) Days after the end of such Feasibility 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, and the Buyer's deposit shall be returned to the Buyer, unless Seller and Buyer mutually agree to modify this Contract to address any such issues. E. In connection with the Buyer's ability to conduct its Feasibility review mentioned above, 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 Feasibility Period, upon one (1) working day prior written notice to the Seller, in order to survey, make test borings, and carry out such other examinations, exploratory work, or testings as may be necessary to complete a Phase I and Phase II Environmental Assessments, or geotechnical assessments, or nondestructive engineering evaluations of the Property upon the following terms and conditions: (i) 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. (ii) 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 Property that Seller determines was substantially damaged by Buyer's actions. (iii) 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 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 including, but not limited to, Buyer's use of the Property in violation of any provision of this Contract 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, Seller shall provide Buyer with notice of such suit or proceeding and Buyer, upon notice given to it by the Seller or any of its officers, employees, agents, 360 Toyota Agreement final) 4 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 final 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, in any such suit or proceeding in which Seller has provided notice to Buyer, 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. (iv) 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: (a) 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. (b) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. (c) 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. (d) 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. (v) 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 360 Toyota Agreement(final) 5 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. (vi) All insurance shall also meet the following requirements; unless otherwise agreed to by the City's Risk Manager: (a) 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. (b) The Buyer shall immediately notify the City in writing if any of the insurance policies or coverages required are canceled or materially altered, and shall immediately replace such insurance and provide documentation of such to the City. (c) The required insurance policies and coverages, except as to Workers' Compensation and Employer's liability, shall name the City, its officers, employees, agents, volunteers and representatives as additional insureds, and an endorsement from the insurer to this effect shall be received by the Risk Management Officer of the City within thirty (30)days of the date of this Contract. (d) 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. (e) 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. 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. (i) Buyer shall have two hundred forty (240) Days beginning from the conclusion of the Feasibility Period to obtain all public approvals as applicable, including, but not limited to: zoning, site plan approval, subdivision, building permits, signage and other relevant items related to development of the Property including a survey and resubdivision plat of the portion of Tax Map No. 3070322 which is part of the Property, at the sole cost and expense of the Buyer. Buyer may, with ten (10) Days advance 360 I oyae Agreement moan a written notice to Seller, request an extension of ninety (90) Days, and the Seller shall not unreasonably withhold its consent to such extension, provided that Buyer has been diligently pursuing all such approvals. (ii) In connection with the survey of the Property and the resubdivision of the portion of Tax Map No. 3070322 which is pan of the Property, Buyer shall retain Balzer & Associates to complete the survey of the Property and the resubdivision plat (the "Plat"). Upon completion of the Plat, the Buyer shall provide the Seller with a copy of the Plat for review by the Seller. The Seller shall have ten (10) Days from receipt of the Plat to raise any objections. In the event of any objections,the parties shall meet within ten (10) Days thereafter to resolve any objections. In the event that the parties are unable to resolve any objections, then either party may terminate this Contract by written notice to the other party. In the event of termination, the Deposit shall be returned to the Buyer and neither party shall have any further rights or obligations under this Contract. (iii) Buyer acknowledges and agrees that the review procedure set forth in the above paragraph 3 G (i) does not apply to and is not a part of and is not binding on any federal, state, or local governmental agency or department, such as the City's Planning, Building and Development Department. H. As a condition precedent to Buyer's obligation to purchase the property or otherwise perform any obligations pursuant to this contract, Buyer must obtain approval from the Virginia Department of Transportation (VDOT) to reduce the height of existing berms presently fronting U.S. Interstate 581 (1-581) to a height acceptable to Buyer. Seller agrees to assist Buyer in this process. Buyer shall be responsible for all fees and payments associated with obtaining such approvals. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall at all times 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: (i) Seller agrees to sell to Buyer the Property. (ii) Seller will deliver to the Buyer a special warranty deed at Closing in accordance with the terms of this Contract. (iii) Provide the Buyer with the Site Evaluation Credit at Closing as set forth in Section I I (I)(ii) of this Contract. B. Buyer agrees and promises that it will do and/or has done the following: 360 Toyota Agreement(final/ 7 (i) Buyer shall purchase the Property from the Seller AS IS subject to all easements, restrictions, and covenants of record, for the Purchase Price of One Million Thirty-Five Thousand Five Hundred and No/100 Dollars ($1,035,500.00) and will make payment in accordance with the terms of this Contract. As stated above in Section 2(C)of this Contract, upon execution of the Contract, Buyer shall deposit with an escrow agent the sum of$10,000.00 (the "Deposit") which shall be held in escrow and applied to the Purchase Price upon settlement or refunded to the Buyer if the Contract does not proceed to Closing and the Buyer is not in default, or retained by the Seller if allowed by the provisions of this Contract. Buyer acknowledges and agrees that Buyer is entitled to the Site Evaluation Credit (set forth in Section 11(I)(ii) of this Contract) if, and only if, Buyer acquires the Property at Closing. Under no other circumstance shall Buyer be entitled to the Site Evaluation Credit. (ii) Buyer acknowledges and agrees that Seller makes no representations or warranties with respect to the Property other than what is contained within this Contract. (iii) Buyer agrees that Buyer is taking the Property in an AS IS condition without any warranties or representations from Seller and that Buyer has had sufficient opportunities to fully examine the Property and that the Buyer shall comply with all environmental and other laws. (iv) 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). Such payments shall be made directly to the entity providing the advertising or other service, or to the City, as the City may direct. 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. 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. 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 7. 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 360 Toyota Agreement(final) 8 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 8. 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. SECTION 9. EASEMENTS. At the time of Closing, Buyer promises and agrees to grant and dedicate to the Seller and/or the Western Virginia Water Authority all reasonably necessary easements on Buyer's Property for the construction, operation, maintenance, and repair of infrastructure improvements needed for or benefiting the Property or surrounding areas, including, but not limited to, storm drainage, sanitary sewers, and/or water, all at no cost to the Seller and/or the Western Virginia Water Authority. Any such easement shall not materially and adversely interfere with Buyer's proposed development, and if applicable, must be approved by Buyer's engineers and surveyors. Notwithstanding the foregoing, Buyer accepts the Property in its AS IS condition, including all existing storm drains, sanitary sewers, and/or water lines and all utility easements (the"Existing Rights and Easements"). Buyer shall be solely responsible for all costs associated with any relocation of Existing Rights and Easements which may be required to accommodate the Buyer's proposed development. SECTION 10. 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 condition and subject to any items of record and any matters disclosed by the survey to be completed by Buyer. B. The Seller further represents and warrants with respect to the Property that: (1) Title. Seller has title to the Property subject to any restrictions, covenants, and easements of record and any matters which a survey would disclose. Seller is the sole owner of the Property. 360 I oyom Agreement(final) 9 (ii) 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. (iii) Hazardous Materials. Seller makes no warranties or representatives of any type regarding hazardous materials of any type. (iv) No Leases. There are no leases of the Property. (v) Access. Ingress to and egress from the Property is available and provided by Courtland Road. SECTION 11. 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 condition (the "Deed") subject to the following: (i) Ad valorem real property taxes for the current year, not yet due and payable; (ii) Those matters of title to which Buyer has not objected to in writing; (iii) Those matters reflected on the Survey to which Buyer has not objected to in writing; (tv) Easements and other restrictions of record as of the date of execution of this Contract by Seller; (v) Liens and objections shown on the Title Commitment; (vi) Other customary and usual exceptions not adversely affecting title; and (vii) 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. 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 within thirty (30) Days after satisfaction of all conditions set forth in Section 3. The Buyer shall designate the specific Closing date in writing to Seller at least ten (10) business days in advance thereof(the "Closing Date'). However, such Closing shall occur no later than 2014, unless the City grants further extension periods. 360 1 oyota Agreement(final) 10 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. (i) 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) 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. I. At Closing, Buyer shall deliver the Purchase Price to the Seller, subject to the following credits: (i) The amount of the Deposit; and 360 Toyota Agreement(final/ 11 (ii) The actual, third party expenses incurred by the Buyer in investigating and seeking to amend or remove the Notice of Use Limitation, provided that, the maximum amount of this credit shall not exceed the sum of Thirty-Five Thousand Five Hundred Dollars ($35,500.00) (the "Site Evaluation Credit"). At Closing, Buyer shall provide the Seller with copies of written receipts of payment from third parties to demonstrate and establish the amount of the Site Evaluation Credit. Each receipt of payment shall include the amount paid by Buyer and the nature and scope of the services provided to each such third party. SECTION 12. 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 13. 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 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 14. COMMISSIONS. Buyer warrants and represents to the Seller that The Shopping Center Group, represents the Buyer, is the only Broker involved in this transaction, and the Buyer shall be solely responsible for any commission payable to The Shopping Center Group. Buyer warrants and represents that no other 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 360 Toyota Agreement(final) 12 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 15. NOTICES. 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 he notified may have designated to the sender by like notice): If to Seller: City of Roanoke, Virginia 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: 360 Toyota,L.L.C. ATTN: J. Douglas Pridgen, Jr. 9811 Midlothian Turnpike Richmond, VA 23235 Fax No. 804-272-3242 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 16. TIME. Time is of the essence in the parties' respective obligations under this Contract. SECTION 17. 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 18. COUNTERPART COPIES. 360 Toyota Agreement rnal) 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 19. 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 20. 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 21. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. SECTION 22. 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 23. 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. 360 Toyota Agreement 1 anal) 14 SECTION 24. 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 25. 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. (SIGNATURE PAGE TO FOLLOW) 360 Toyota Agreement(final) 15 IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA By Christopher P. Morrill, City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this day of , 2013, by Christopher P. Morrill, City Manager for the City of Roanoke, Virginia for and on behalf of said Municipal Corporation. My commission expires: Notary Public SEAL WITNESS/ATTEST: 360 Toyota, L.L.C. By J. Douglas Pridgen, Jr., Its § To-Wit: The foregoing instrument was acknowledged before me this_day of , 2013, by J. Douglas Pridgen, Jr., the of 360 Toyota, L.L.C., a Virginia limited liability company for and on behalf of such entity. My commission expires: Notary Public SEAL 360 Toyota Agreement(final) 16 Approved as to Fonn: Approved as to Execution: City Attorney City Attorney Authorized by Ordinance No. 360 Toyota Agrmnent(final/ 17 EXHIBIT 1 PROPOSED RELOCATION FOR HALEY TOYOTA SEPTEMBER 18, 2012 360 Toyota Agreement(final) 18 EXHIBIT 2 NOTICE OF USE LIMITATION MAY 20, 2002 INSTRUMENT NO. 020009048 CLERK'S OFFICE OF ROANOKE CITY 360 'oyotn Agreement Ulna L) 19 EXHIBIT 3 LAND TITLE EXHIBIT BALZER&ASSOCIATES 360 1 oyole Agreement final 20 INSTRUMENT 11 MO 206b CURVE TABLE I a CURVE;LENGTH'.RACIJS DELTA ANGLE TANGENT CHORD CHORD O.RECTION NROy,,y,4 sr G'26.- Pw/EN an., 'f Cl 401.25[3087.38 N 82.33'13' E I 200.91 I 400.9'A N y'33'2a° w / I AREA TABLE I AREA TABULATION -__ __ ,4 w ) + I i M Z TE sm + LOT,PARCEL NO.AREA ' I , 1 3070301 20,317 SF EXISTING LOT AREA �+S ;1-y ' 13070302 16,447 SF (ACRES)I -__-__ 1E I .I I I 1 I 13 3070303 5,073 SF I 3070318 0.7547 -1< I m o I I J 4 13070304 '4,657 SF 1 3070321 0.3888 --.-__� ,■ , v, (� +, 5 ,3070305 14,897 SF 3070501 3.5037 3 I; S 8'31'8"E --- 1 6 3070306 '5,073 SF --- - _ 7 3070307 3070318 15.4696 m I� �_ -______-___J ___8.23 O-RO-Ep,-0597 ') -_ 0 �URTtAND ROAD, N.E. (50'R 15.086 SF _- _ L56 �) 8 3070.508 5,130 SF LOTS 1-10, 13-IS 1.9923 �q COURTLNID ROAD, N.E. (50' R/W) 77 S 1 0�" - 3.14 L76._-__-- �'7"' (D �9 3070309 5,215 SF TOTAL 22.1091 h% L8 7 S 13'9'59- E `'✓__P S 23'39'29"VI I ____'_-- ___�w 1S7,3L.Z• 1.68 l$9 `� 135.30 SOUTHEASTERN -.a /10 3070310 7,275 SF _ �,�-__-_- w ,,� L86 BLUE EAGLE CM LLC BUILDING NO. 3070504 . .TOTAL LOT AREA I -�---_ I r 1 0313 .012 $F --J CT, ' 1I 1 y'"•' ® , _,-, TAX NO. 3070319 f, O.B. 1096 PG. 447 „ i*F T4-9-070314 7,509 SF PARCEL A 6.4285 n 1 1KATHERINE REAL a 50.18 L7�® INSTRUMENT NO. IS 3070315 5,092 SF COURTLAND ROAD, N.E. /AKER, TRUSTEE AND 410 )® (�� 090007351 i 728" E v PARCEL 0 15.6806 (50' R/W) �' tO( 750.3 •• T0E4_ -86,783 SF < 'DANA LEE BAKER �l���!!!^^1I °/ I -1.9923 ACRES TOTAL 22.1091 - ESWORTHY,TRUSTEE y % ®j\ 1 41'W -j• --�d�I TAX NO. 3070320 ^. / VACAT CEI N X51 34.71 W 3 INSTRUMENT NO. _ ¢�//� LEGEND c� :050002813 1 L7 - O 2 $ [1 u IRON PIN FOUND I�^ 21'4'18"E L2 J-- COY'OF ROANOKE ® ... 83'2'48"E '� EXST 15' PRWATa TM NO. 3070318 L)3----� ?, 82.70 I 0 CONCRETE 'YDN'MONUMENT FOUND 176.68 S 10'6':' �,r '.r• -LINE BEMC -2/'�_ WATERLINE INSTRUMENT NO. 010019650 200.46' VACATED EASEMENT AREA- 32.874 SF ., A IRON PIN SET , CITY PLAN CITY OF 3070321 I CITY OF ROANOKE • W� 1 NO. 6620 TAX NO. 3070321 I TAX NO. 3070501 ©8 EXISTING/NEW PROPERTY CORNER INSTRUMENT NO. 040000602 0.8. 245 PC. 22 .zI FXS' DWLDINGS� AREA ■ 16.938 SF 1 -AREA = 3.5037 ACRES )18A NEW PROPERTY CORNER 1 ' NEW LINE CITY OF ROANOKE 10316 I , L21 EXISTING PROPERTY LINE NUMBER wI TAX NO. 3070316 Li1 0' D.B. 1344 PG. 202 1 R/W RIGHT OF WAY I./A2 iY AREA- 15.4696 ACRES 1 " ------ PROPERTY LINE TO BE VACATED nIn I 1 5 -"r yy --- ADJACENT PROPERTY UNE ply OF ROANOKE z1 PARCEL B 1 L51 /�• ----- NEW PROPERTY UNE TM NO. 3080433 - AREA = 15.6806 ACRES /C) I� • i . --, -- EXISTING EASEMENT IINE D.O. 1308 PG.41 ' -�- - / -G NEW LOT LINE PARCEL A LOT LINE SO-' •- 1.50 �. •-•-•- FENCE UNE AREA = 6.42' ORES , ■�•�r► . -_--..--.-_ ACT 1TY USE LIMITATION BOUNDARY Y 1 -• • `D /' / EXST REFUELING- I ISLANDS •__ 10 PUBLIC SANITARY /, NOTES: GIST FENCED IN SEWER EASEMENT T �.`D.B. 930 PC. 31 RYE, LL.C. 1. THIS PLAT IS BASED ON A JULY 2010 FIELD UNDERGROUND 1 V TAX NO. 2041341 INSTRUMENT NO. ' SURVEY ANC FROM RECORDS. FUEL TANK AREA I 3♦ CITY OF RO NCKG N 030000584 2. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT I 1LOTS 1-10, 133,15 -, 'ACTM iY USE ° OF A CURRENT TITLE REPORT. THERE MAY EXIST N 2'27'18"W , - ID.8. 1352 PG. 626 \/ LIMITATION AREA ENCUMBRANCES NOT SHOWN WHICH AFFECT THE 7.37' 1 L11 i: AC SEE AREA TABLE M.R. 1 PG. 2450 /.' • • SUBJECT PROPERTY. tt�/� .i ' LINES BEING SEE NOTE 8 • 3. THE SUBJECT PROPERTY IS NOT LOCATED WITHIN ��,4y,• VACA . • A SPECIAL FLOOD HAZARD AREA AS DESIGNATED - -L34 ¢1 _ - PLAT OF SURVEY FOR BY FEMA MAP PANEL NO. 51181C0166G REVISED �' W LOT 1'S` L33 SEPTEMBER 28,2007. `' 471-- <0 t..p 4D 3 4-, zs® r ;24 - - 'r�' THE CITY OF ROANOKE 4. SEE COORDINATES TABLE, SHEET 1, FOR ALL hy,4 LOT 14 e `� L 4L R1 51 25`+' - SHOWING LOTS 1-10, 13-15, BLOCK K OF MAP EXISTING/NEW CORNER LOCATION INFORMATION. i.r+ I •v ,Tp 7 '1---._ 27�2a 'r • 5. SEE LINE TABLE, SHEET 1, FOR EXISTING 12 1.^-' L47 - J _1 1 SLOT S'- OT r, LOT 1 OF WILUAMSON GROVES (1.9927 ACRES), PROPERTY UNE INFORMATION. L14 z LOT 13 .°PILOT 1. OT 91 -,}}11�� -1 BI ,010T.-i1TiOT N 3 E WILUAMSON HOMESTEAD RESERVATION, TAX NO. 6. PROPERTY UNE DATA FOR NEW UNES IS SHOWN `----__ - �, 1LOT 814j' -- i DIRECTLY ON PLAT. ® 1 1LOT 6 L15 3070316 (15.4696 ACRES), LOTS 1-3, 9-11, 7. ALL EXISTING INTER.OR LOT LINES ARE HEREBY O LINES BEING BLOCK R OF MAP OF WILUAMSON GROVES, TAX • VACATED AND IMITA ION AREA INTERSTATE 581-- 14 1 S t$ ' 1 L 18•��' VACATED NO. 3070501 (3.5037 ACRES), NEW LOT 1A, TAX 8. ACTIVITY USE LIMITATION AREA IS SHOWN FROld -C1 .;'. ( ). RECORDS RVEY DATA. WAS NOT LOCATED FROM FIELD R-3097.38' I' e, v ' VI NO. 3070321 (16,938 SF), AND PARCEL 2 OF CURVE L38GTH-323.81' -� TRACT 1, INSTRUMENT 010019650, TAX NO. CURVE LENGT N 8'15'39"W �' N 11.0'9"W 3070318 (32,874 SF) CREATING HEREON ' TANGENT=182.05 100.53' 101.97' PARCEL A (6.4285 ACRES) AND CHORD GIST-323.66' -C2 PARCEL B 15.6806 ACRES CHORD BEARING-N 6'16'31'W R■3087.38' ( ACRES) CURVE LENGTH■53.47' SITUATE ON COURTLAND ROAD, N.E. OFFICE OF THE DELTA-0'59'33' CITY ENGINEER �'Y''1"TN°"L TANGENT-26.74 CITY OF ROANOKE, VIRGINIA CHORD DST-53.47' o @ .C3 CHORD BEARING-N 719'46'W DATED: DECEMBER 22, 2010 215 CHURCH AVENUE,S.W. po R�3087.38' ROOM 350 c2 PHL P G SCi'NIRIAER CURVE LENGTH-23.97' SCALE: 1"-,100'-0" Lk.No.1554 PHONE:(540)853-2731 k•II DELTA=0'26'41" TANGENT-11.99 FAX(540)853-1364 CHORD GIST-23.97' SHEET 2 OF 2 WWW.ROAAgKEVA.COV 74'4 SURV�O 100' 0' 100' CHORD BEARING-N 3'2'53'W INSTRUMENT II ODD 2Oo DRAF EXHIBIT 3 LAND TITLE EXHIBIT TO BE PREPARED BY BALZER & ASSOCIATES AND ATTACHED UPON APPROVAL OF CITY MANAGER rNMI MIMI NM 11 J The ISM Shopping Center Group, LLC © RETAIL REAL ESTATE SPECIALISTS Proposed relocation for: haley65;)TOYOTA Roanoke, Virginia September 18, 2012 theshoppingcentergroup.com Offices Throughout The Southeast M[rtutlaW fA�d wsow:aoenan .(�iauil�ls.ca,�� THE 15871 City View Drive P 804.673.1100 Suite 31 SHOPPING Midlothian,VA 23113 F 804.419.9135 CENTER GROUP Only RETAIL everything RETAIL Proposed relocation for: haley®TOYOTA Roanoke, Virginia September 18, 2012 w.-a ... .k ........ ... i. .. .,.w .v .. _ ...i .. .. ... •�e�F.. ..J.H. ........�.... �Jl.K ..a. ..�.. ... .�. ...� Table of Contents 1 . Property Information 2. Property Aerials 3. Comparable Sales 4. Economic Impact 5. Letter of Intent 6. Bank Reference Letter WWW . THESHOPPINGCENTERGROUP . COM City of Roanoke - GIS Page 1 of 2 ROANOKEVA Print Report I Close Window Property Information Card for. CITY OF ROANOKE VIRGINIA NO ADDRESS 00000 14 j-1--\''''' ':. \ Oat \tril. a s 70 t S - . YHE '\•' y 1 � ^ fX4 .370tH � . - ..,�: -' �` - .,- ,3n,Y.. ,07010:. ---- t # of • `II - • ' ' 4 V7 A. .1,,,-;\ . .., , - •! e • 8 ` . - - ,, h• : I IZ }.ter ' "' Li 4,--.....ii i i a :,ate .,a a .. 2 �""'"� a ^�CopyV.2a01-2017 City• Roanoke . 0 Neighborhood information View Neiohbonccod Information Incentive intonnation View Incentive Prporams Infomlation BUILDING PERMITS View Permits S Code Enforcement Notices MAPS a PLANS View EnOineerino Maps&Plant Images N'.4 Sketches N/A OWNERA"EOAL INFORMATION I as NumOe1 3070316 Property Adiress 1530 CO.IRTLAND RD NE Legal Descnphan PARCEL B WILLIAMSON GROVE Onne Name CITY OF ROANOKE VIRGINIA Dona,2Name WA Dnne Meil:nl Address NC ADDRESS 00000 NealOo,r,00d NunLe, 700 Property Vse 15--VecantSFR-Cay ASSESSMENT INFORMATION Asse,uronl Hatay 01A1r2012 Land Assessment S1,5131,300 OD Improvemerta $000 Total $1,581.300 0 Change Reason Annual CRA ease m roan!Niatwy 2 0311Or2011 _anal Assessmant2 51.561,300 00 Improvenerts 2 50 00 Total 2 S1,561,300.00 Jnange Reason 2 Subdmosisn SALE/TRANSFER INFORMATION Deed Re tirence CONV07000 :haulm N/A Sale Date VA http://gis.roanokeva.gov/rptDetai1A1I.cfm?mapno=3070316 &mapFn=rnke_externalgis716317627078.jpg 9/17/2012 City of Roanoke - GIS Page 2 of 2 Sale Prue 53 CD Deed 6,1.00ce 2 03211 G-antor 2 .N O Prey Sale Date Prey Sale Prue NA Trartsler Msron Cick Herd Conment2 Cick Port Decd Card Cgck Hera ZONING LOT INFORMATION Property Ana Sart 683016 Property Frontage 1216 Feet Property Avg Depth 29000 Feat Property Attu 15 6806 Zoning Cick Here for Base ZOrrnc Overlay Zoom9 Cick Here for Overlay Zonnci Special Dwtr.cl WA TOPOGRAPHY Topograpty Level FLOOD ZONE INFORMATION SFHA WA F oodway WA tam Panel 51161C01663 Community C130 FIRS 61770 STRUCTURE INFORMATION Year Built N/A Number of stores N/A Conslructon Edens/ N/A bat SqO N/A Foundallon N/A Strooloe N/A Lower Spit Foyer N/A Lower Fin shed N/A Total Bedrooms N/A Total Rooms N/A ATTIC Attu WA BASEMENT Easement Area Sol N/p Finished Sqh N/A ROOFS Roof Syle Wp Rood Cover N/A HEATING/AIR Heating Type N/A Centro Ar N/A Fireplaces No PLUMBING 2 Frrtme WA I Fidun N/A I Facture N/A s.Facture N/A GARAGES Aluched wage N/A Detected Garage WA Attached Carport N/A Basemen.Lower Level Gang. WA PORCHES Endosed Poch N/A Open Porch N/A Wood Dock N/A http..//gis.roanokeva.gov/iptDetailAll.cfm?mapno=3070316&mapFn=rake_external gis716317627078.jpg 9/17/2012 City of Roanoke - GIS Page e 1 of 2 ROANOKE VA Print Report I Close Window Property Information Card for: CITY OF ROANOKE 215 CHURCH AVE SW ROANOKE VA 24012 .., 1 % .- , -. . . • . ‘ ..t . „ , ,.. .. . . .4t e,. .. , It{ \ 111 . \ , , . ye�s 1 y- f, r.5 ra - ......t.--- a. "v..- . 'I - 4 i� . ., i q a5'14 da 11 f - A .i.i...,i.- • ___ 1 _ _____.-- r 4 1 1 ,•t 1' e tT f 4, ,:,, `� ` i 1 , , COgrfpht 2••1_2.1201 at RO••oa• (:. • Neighborhood intomsation View NorchhnMen l Intnmutinn Incentive information View Incentive PrODrarnS Information BUILDING PERMITS View Permits R Code Enfnrcnment Nctipps MAPS&PLANS View EroineennO Mass 8 PIan3 Images Sketches OWNER'LEGAL INFORMATION Tax Number 3070322 Property Address 1654 COURT1 AND RI)NF Lecal Descrestesn PARCEL WILLIAMSON GROVE Owner Name CITY OF ROANOKE Amer 2 Name VA Amer Mailing Address 21S CHURCH AVE 5W ROANOKE VA 24012 Neghbortood Number 705 Property Use 151-VacentSFR-City ASSESSMENT INFORMATION AM,nnsnnnnt Hnlory 01701!20'2 Lard Assessment 0678.500.00 Improvements $500 Total 0038.500 00 Change Reason Annual GRA Assessment History 2 0311020.1 Lard Assessment 2 5638.500.00 Improvement,2 50.,70 Total 2 S628.500 00 Change Reason 2 Subdivision SAI.EITRANSFER INFORMATION Deed Reference WA Grantor NA Sale Cale VA http://gis.roanokeva.gov/rptlletailAll.cfm?mapio=3070322 &mapFn=rnke_externalgis716317626580.jpg 9/17/2012 City of Roanoke - G1S Page 2 of 2 Sale Pnce N/A Deed P.eferexe 2 WA Gralto•2 WA Pray.Gala Date WA Prey.bale Pnce WA Trawler History Click Here Commentg Ckck Hong l28411.Crial Cant Hera ZONING LOT INFORMATION Properly Ares Sett 2rel:S Property Frontage 157 Feet Property Avg Depth 869.80 Feet Prooedy Acres 8 4285 Zoning Crick Here for Base Zombi Overlay Zoning Cick Here for Overlay Zoning Special Distncl N/A TOPOGRAPHY 0LO9'aphY WA FLOOD ZONE INFORMATION STRUCTURE INFORMATION Year Bud WA Number cr stones WA Constnxeon Ertenoi WA Sao SRR WA Foundation WA Structure N/A Lower Spit Foyer WA Lower("misled N/A Total Barrooms N/A Total Rooms WA ATTIC All N/A BASEMENT Basemert kea Salt WA Finned Sqa NIA ROOFS Roof Style WA Roof Corer WA HEATING/AIR resorg Type N/A Bentral Au W'A =ireplaces No PLUMBING 2 future WA 3 Future N/A 4 Foture WA 5 Foture N/A GARAGES Attached Garage N/A Delacoed Garage N/A Atiacted Cerpon WA Basement Lower Level Garage WA PORCHES Enrlosec Porch WA Open Porch WA Wood Deck WA http://gis.roanokeva.gov/rptDetailAl1.cfm?mapno=3070322 &mapFn=rake external2is716317626580.1oa 9/17/2012 beMeted=Ion v•• only and may be tradamadm of the r respect...M..1es jjpn --__._ - , 1 xxw� r . .m, 1 . , , • 1 i / r 'I� -r^ �4.. # 'iCS. i I WI,lA,bi N:• • tom ?l oN,aD4NE _ 4( .) ® `• V.'P- ," a {•I 'rr1 . s, _ .,. ‘::■%,, 4'r.:..''— __;.- r„.-- ':?:\ '',,-1 ■.. '. ',4,4 logifr'''....* 4'..- i4•4"s''e 'cr - -1*.,,,,,„,„:"....,..,zat :..,...; . _ , • —..... .,,, lig , . :,-,. ,,.,. . ______. 1. :ji.:1::''::::;: • l O 3 w , CI CC bt j t4, - - , ,.< - d +1 I• te { ;,ar}A+"S n i 41 I--- ) ' its(! , '. i -� Fw^ ... : r ; i, J '40iiii. WO T e ` r."„74e r. _ , ' " ; ! , .� , F N A i , . -,.j . - J- •• .:''al -if: ':..- , - ..,----q--- i, i , __ -, , . , \\___ ..sii ot __. 1.- .-;,..,. ' -It' ' ' II' k J 4' _','' I Illiz - - 1 ,-,„ t' . tilli . 1 ..; t: . . 't '; lil '' 1 zw iikeitko., x. , ti, 1 eit If' . pot . . .11 --,— , • .4„ . • . :._. 17, rill, ..: ,,,,,..t _...„„____ ,, . to. 4, .. • , t , , . i I„ • -• I. , ‘ . ',1 T... L, trf... - .3334. 1111111!; 1 -;PP' i ' '4' 1 k . \g, - ;__ . ...,..---- - •--'-; • --,1r•ir'•• *••-•-7:"-•': , ,-'- , ..-• ,-. .• V7.1_,_ .,'IC: :a;I, ' !, . ,, \:•••L, .,. ,it _ r' ' , ••• , i i i •••.4 11 1. • 'I i .. •,1:4..-1, L,- i r. .•. As:: - •: o ,-(---3--"-s ...,,,„trel ,,1/4. - . . irtlx;ii ,N.1!(, . ,„--,:j - . . • . • 1 . A4. . •. .n 41.1% -. ! . . A2 m ` Roanoke, Virginia Comparable Sales Primary Acres Sale Sale Sale Sale/ Location Year Date Price Per Acre City Transfers Peters Creek 11.4551 2009 October-09 $ 775,000.00 $ 67,655.45 Blue Hills 11.0677 2006 October-06 $ 1,660,155.00 $ 150,000.00 County Transfers Cove Rd/Electric Ave 31.298 2011 May-11 $ 2,072,000.00 $ 66,202.00 Route 220 (Walmart) 39.65 2009 September-09 $ 13,171,900.00 $ 332,200.00 Peters Creek 3.53 2009 August-09 $ 540,000.00 S 152,974.00 Assessed Value Per Acre Subject Property Orange Ave. 15.68 $ 1,581,300.00 $ 100,848.00 Haley Toyota Roanoke Relocation Analysis Business LicenseTaxes Paid for 2012 Rental $38,589 0.0036 $138.92 Retail $29,608,363 0.002 $59,216.73 Commission $585,267 0.0036 $2,106.96 Wholesale $3,460,816 0.0026 $8,998.12 Repair $3,171,205 n nnl6 $11,416 • 4 Body shop $812,707 0.0036 $2,925.75 Total Business License Taxes Paid for 2012 $84,802.81 Additional new sales with needed space and additional vehicles from toyota (89.9%to 121.2%) is addl 330 new units at and average of$23,330 per $7,698,900 0.002 $15,397.80 Additional used sales from more trades $2,000,000 0.002 $4,000.00 Additional service estimated with sufficient space and additional new sales 20%increase $634,240 0.0036 $2,283.26 Total business license opportunity with new facility annually $106,483.88 Estimated additional employment from move due to expanded space and inventory ave pay total addl payroll Current New Body shop 7 8 50,625 405,000 Vehicle sales 30 8 50,000 400,000 Service with addl stalls 34 6 65,000 390,000 Support staff 11 5 30,000 150,000 Estimated addl employees 82 27 1,345,000 Additional personal property tax Total Projected Investment for new facility $6,500,000 plus cost of land Percent of New Facility Financed 80% PY515 .4 4 ~ L n S. y su A Haley Toyota of Roanoke 6/29/12 12:15:27 IHPBISCHO QUARTERLY SUMMARY Page 1 Description 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Year To Date __ __: ------ ---- ---_... Total Gross 847,090.23 925,449.40 891,459 41 1,053,810.14 3,717,809.18 Federa1. Tax 89,760.41 99,677.59 96,552.61 133,834.00 419,824.61 FICA Emple 34,172.65 37,248.71 34,094.47 32,703.52 138,219.35 FICA Emplr 50,445.56 54,906.18 50,329.91 48,276.72 204,038.37 Medicare Emple 11,797.39 12,859.59 12,404.75 14,626.20 51,687.93 Medicare Emplr 11,797.39 12,859.59 12,404.75 14,626.20 51,687.93 State Tax 35,952.20 39,121.57 37,697.27 45,097.71 157,868.75 1 i FUTA 3,552.69 1,014.24 176.15 167.93 4,911.01 SUTA Emplr 11,948.93 3,900.80 906.91 725.05 17,481.69 Worker's Comp 12,146.42 12,704.78 12,173.82 12,757.19 49,782.21 Retire Emplr 1,934.96 1,910.09 1,912.45 1,818.69 7,576.19 Overtime Pay 6,863.86 10,163.98 8,772.78 7,459.48 33,260.10 Total Deducts 105,695.24 105,230.33 101,278.01 109,488.38 421,691.96 Total OTH Pay 537,978.87 584,735.67 564,302.45 742,514.92 2,429,531.91 Curr. Net Pay 569,712.34 631.,311..61 609,432.30 718,060.33 2,528,516.58 Total Taxes 171,682.65 188,907.46 180,749.10 226,261.43 767,600.64 Taxable Fed. 787,244.06 859,105.81 826,809.84 994,830.20 3,467,997.91 Taxable FICA 813,644.63 886,874.45 811,773.27 778,657.08 3,290,949.43 Taxable FUTA 444,110.50 126,768.78 29,429.09 26,789.14 627,097.51 Taxable State 787,244.06 859,105.81 826,809.84 994,838.20 3,467,997.91 Taxable County 787,244.06 859,1.05.81 826,809.84 994,838.20 3,467,997.91 Taxable Medicare 813,644.63 886,874.45 855,498.20 1,016,946.82 3,572,964.10 Taxable SUTA 483,761.49 157,563.73 36,716.12 29,354.25 707,395.59 Taxable Comp 847,090.23 925,449.40 891,459.41 1,053,810.14 3,717,809.18 1 15871 City View Drive P 804.673.1100 THE Suite 301 F 804.419.9135 SHOPPING Midlothian,Virginia 23113 CENTER GROUP Only RETAIL everything RETAIL` September 7,2012 Mr. Rob Ledger Director of Business Development City of Roanoke 117 Church Ave Roanoke,VA 24011 RE: Letter of Intent to Purchase Dear Mr.Ledger: I am pleased to present the following letter of intent for the purchase of land at 1530 Courtland Rd.NE, and a portion of 1684 Courtland Rd.NE in Roanoke,Virginia. Once this letter has been fully executed by all parties,please prepare an Agreement of Sale("Agreement")incorporating the terms and conditions agreed herein. This offer is subject to the following terms and conditions: Property: Approximately 18.68+-acres(to be verified by a survey)of vacant land being all of Tax Parcel 3070316 and a portion of Tax Parcel 3070322 as indicated on the a Cached Exhibit"A". Seller: City of Roanoke Purchaser: J. Douglas Pridgen,Jr.or Assigns Purchase Price: $1,164,000.00 to be paid in cash at closing. Earnest Money: L pon the full execution of the Contract,Purchaser shall deposit with as Escrow Agent$10,000.00("Deposit")which shall be held in escrow and applied to the Purchase Price upon settlement. Feasibility Period: For a period of one hundred sixty(1 60) days following the date that the last party executes the Agreement, Purchaser shall have the right to enter upon the Property to investigate all aspects of the Property,including,without limitation, soil and sub- soil conditions (including core samples, wetland demarcation and other related tests), and to conduct environmental studies, engineering studies, market studies, 16871 City View Drive Suite 301 Midlothian,VA 23113 Phone: 804.673.1100 Fax: 804.419.9135 theshoppingcentergroup.com Offices Throughout The Southeast the shoppingcentergroup.com MenOEfN . . craft �;CHAINLINKS eerms.wov1sons land use and planning feasibility studies, utilities availability studies, drainage, access,sewer,and such other investigations as Purchaser,in its sole discretion,may determine the feasibility of acquiring the Property and developing the Project. Seller shall supply to Purchaser copies of all environmental and soil reports pertaining to the Property that it has in its possession within ten (10) days of the execution of the Agreement. If the Purchaser notifies Seller of Purchaser's objections on or before the end of the Feasibility Period, Purchaser shall have the right to receive a full refund of the Deposit. If Purchaser fails to notify Seller prior to the expiration of the Feasibility Period of any Purchaser objections, then Purchaser's conditions and requirements of the Feasibility Period shall be deemed waived or satisfied. Toyota Approval: Purchaser shall have received during the Feasibility Period site approval from Toyota Motor Sales, USA, Inc. as required by Purchasers Dealer Agreement with Toyota. Purchaser shall promptly seek and shall diligently pursue such approval. Additionally,during the Feasibility Period, Purchaser shall have been granted a five year Dealer Agreement from Toyota on terms satisfactory to Purchaser, and shall further have received permission from Toyota to utilize the Property as an authorized Toyota service and body shop center on terms satisfactory to Purchaser. If all such approvals have not been obtained during the Feasibility Period, the Agreement may be terminated by the Purchaser, and neither party shall have any further obligations under the Agreement. Public Approvals: Purchaser shall have obtained final and unappealable approval by applicable governmental authorities of Purchaser's development of an Automobile Dealership including a body shop and related services on the Property, which approvals shall include, but not be limited to, site plan, zoning, subdivision, building permit, curb cuts, parking lot and signage. Additionally, Seller shall assist Purchaser with approvals from V.D.O.T. for reducing the height of the existing berms located in the right-of-way along this Property's frontage of Interstate-581. Purchaser shall obtain the aforementioned public approvals within one hundred twenty (120) days following the Feasibility Period. Settlement: Settlement shall occur no later than thirty(30)days after the receipt of all Public Approvals and Permitting. Brokerage: Purchaser shall pay a brokerage fee in the amount of three(3%)percent of the final purchase price to The Shopping Center Group upon closing. Both Purchaser and Seller warrant that no other brokers are involved in this transaction. 15871 City View Drive Suite 301 Midlothian,VA 23113 Phone: 804.673.1100 Fax 804.419.9135 theshoppingcentergroup.com Offices Throughout The Southeast This letter of intent is non-binding upon Seller and. Only a fully executed contract shall constitute a binding agreement for the Property. if the terms of the proposal are acceptable to the City of Roanoke, please return a signed copy of this letter to my attention. Should you have any questions or concerns, I may be reached at 804473.1100 x103. Sincerely yours, Kevin South AGREED AND ACCEPTED: Purchaser: J.Douglas Pridgen,J r assi: Seller: City of Roanoke By: � By: ' tle: - •-e Title: Date: et(//.2 Date: 15871 City View Drive Suite 301 Midlothian,VA 23113 Phone: 804.673.1100 Fax: 804.419.9135 theshoppingcentergroup.com Offices Throughout The Southeast 0200 ' 0 ,048 PG p ;r, � !' TAX MAP NO. 30703I6 NOTICE OF USE LIMITATION § 10.6.B., VHWMR 9 VAC 20-60-264 Hazardous Waste Site Name: Middle Lot of Public Works Service Center—Unit No. 2 I.D. No: VAD 123725350 This Notice of Use Limitation ("Notice") is made as of the day of /'lAy , 2002, by the City of Roanoke, a Virginia municipal corporation( "Owner" or"Grantor"or"Grantee"). WITNESSETH: WHEREAS, the City of Roanoke, Virginia, is the owner in fee simple of a certain parcel of real estate within the City of Roanoke,Virginia, with the buildings and improvements thereon, referred to as the Public Works Service Center, Tax Map No. 3070316, located at 1802 Courtland Road,N.E., Roanoke,Virginia 24012 (hereafter"the Property"); WHEREAS, a portion of the Property is more specifically subject to this Notice Of Use Limitation. This portion of the Property is more particularly bounded and described as follows: BEGINNING at an existing iron pin, said point being a corner to the lands of the City of Roanoke, Tax Parcel 43070316 and also being on the westerly property line of the property of Calvin W. & Mary C. Powers and Theodore J. & Judy P. Sutton: thence with said property line S 04°36'00" W 225.93 feet; to the southeasterly corner of the aforesaid City property and on the northerly line of the property of the City of Roanoke, Tax Parcel 43070501; thence with said properties S 83°35'00" W 269.00 feet; to the southerly corner of Tax Parcel 43070316, said point also being a corner to the property of Robert R. Young; thence with said Young's property line N 70°20'00" W 361.30 feet; to the southwesterly corner of Tax Parcel 43070316, said point also being the southeasterly corner of the property of the City of Roanoke, Tax Parcels #3070301 through #3070315; thence with said properties of the City of Roanoke N 23°02'00" W 295.10 feet; to the westerly corner of Tax Parcel #3070316; thence leaving the outside boundary of Tax Parcel #3070316 and with a tie line S 89°41'46" E 71.39 feet; to the True Point of Beginning having a Virginia South Zone State Plane Grid NAD 83 value of Northing: 3630555.32376, Easting: 11064693.01545, Elevation of 969.97 NGVD 29, said point being on the westerly line of the existing Unit No. 2 and also being N 78°23'46" W 683.71(Deed Meridian) N 79°05'59" W (Va. State Plane) feet from the Point of Beginning and ; thence with said Unit No. 2 in a clockwise direction the following thirty-four courses; thence N 09°05'37" E 9.05 feet; thence N 35°07'31" E 8.74 feet; thence N RK_a C741365.WPD CM'077825-00014-01 PGOb r 20 24) 49°56'35" E 7.45 feet; thence N 52°27'40" E 11.71 feet; thence N 54°06'23" E 14.60 feet; thence N 54°10'32" E 16.25 feet; thence N 47°28'23" E 17.54 feet; thence N 48°10'54" E 16.15 feet; thence N 64°11'55" E 9.17 feet; thence N 78°03'57" E 17.57 feet; thence N 88°36'10" E 14.82 feet; thence S 77°25'28" E 10.90 feet; thence S 60°12'23" E 8.44 feet; thence S 36°34'37"E 5.64 feet; thence S 11°04'10" E 7.58 feet; thence S 09°43'04" W 8.42 feet; thence S 20°48'53" W 14.57 feet; thence S 23°40'26" W 12.30 feet; thence S 25°30'57" W 13.24 feet; thence S 25°32'29" W 14.51 feet; thence S 23°26'21" W 14.00 feet; thence S 23°31'44" W 13.48 feet; thence S 37°04'37" W 10.16 feet; thence S 57°15'14" W 13.51 feet; thence S 72°09'09" W 17.01 feet; thence S 84°03'36" W 19.33 feet; thence N 89°54'36" W 11.90 feet; thence N 89°52'00" W 13.10 feet; thence S 84°14'14" W 15.05 feet; thence N 66°37'10" W 3.70 feet; thence N 16°02'49" W 3.28 feet; thence N 02°15'23" W 19.77 feet; thence N 04°48'02" W 16.69 feet; thence N 04°25'17" W 8.39 feet; to the True Point of BEGINNING and containing 0.260 acres as more particularly shown on survey entitled "Plat Showing Exhibit A- 1 Unit No. 2"prepared by Lumsden Associates, P.C.,dated 25 March 2002. This parcel is further shown in a plat dated March 25,2002, and marked as Exhibit A-1, attached hereto and made a part hereof and also recorded in Map Book 1, page:2',50, in the Office of the Clerk of the Circuit Court of the City of Roanoke. Such portion as shown on the plat is marked as Unit No. 2 and Exhibit A-1 will be recorded in the above Clerk's Office with this Notice and such portion will be referred to herein as Unit No. 2; WHEREAS, Unit No. 2 comprises part of a disposal site as the result of a release of hazardous waste. Exhibit A-1 is a sketch Plan showing the relationship of Unit No. 2 subject to this Notice of Use Limitation to the boundaries of the property; and WHEREAS, one or more response actions have been selected for Unit No. 2 in accordance with closure performance standards of § 10.6.B., of Virginia Haiirdous Waste Management Regulations (VHWMR) and 9 VAC20-60-264. Such response actions are based upon (a)the restriction of human access to and contact with hazardous material in soil and/or(b) the restriction of certain activities occurring in on, through,over or under Unit No.2 . NOW, THEREFORE, notice is hereby given that the use limitations for Unit No. 2 are set forth as follows: 1. Permitted Activities and Uses Set Forth in the Use Limitation, The use limitation provides that a condition of No Significant Risk to health, safety, public welfare or the environment(such condition being defined in the Closure Plan) exists for any foreseeable period of time so long as any of the following activities and uses and related work connected therewith occur on Unit No. 2: RKE i 0741365.W PO 2 UM.077826-00014.01 • PGab5 I ;;Y ?o `; 4 A. Construction, including grading, for a parking area for private and City owned vehicles; B. Construction of a stadium/amphitheater complex; and C. Such other uses, which in the opinion of an independent Registered Professional Engineer retained by the City, with the approval of the Virginia Department of Environmental Quality (VDEQ), shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this paragraph. 2. Uses Inconsistent with the Notification. Uses which are inconsistent with the notification, and which, if implemented at Unit No. 2, may result in a significant risk of harm to health, safety,public welfare or the environment,are as follows: A. Construction and occupancy of residential dwellings; B. Playgrounds for children; C. Childcare center, and • D. Public garden space. 3. Obligations and Conditions Set Forth in the Notification. If applicable, obligations and/or conditions to be undertaken and/or maintained at Unit No. 2, other than as set forth in 1 above, to maintain a condition of No Significant Risk as set forth in the notification shall include the following: A. No construction in Unit No. 2 shall be undertaken without consultation with the Department of Environmental Quality; B. All soil removed from within the boundaries of Unit No. 2 shall be tested and treated as hazardous waste and disposed of as such if found to contain hazardous waste constituents; and C. All workers involved in disturbing soils from Unit No. 2 shall be properly trained and provided with proper personal protective equipment. 4. Proposed Changes in Uses. Any activities and uses at Unit No. 2 other than as set forth in 1 above, which may result in higher levels of exposure to hazardous material than currently exist shall be evaluated by a Registered Professional Engineer or Department of Environmental Quality representative, who shall render an opinion, in accordance with § 10.6. of VHWMR and 9 VAC20-60-264, as to whether the proposed changes will present a significant risk of harm to health, safety, public welfare or the environment. Any and all requirements set forth in the Notice to ensure a condition of No Significant Risk in the implementation of the proposed activity or use shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment due to exposure to hazardous PKE4 0741365.WPO 3 GM:07782 6-00014-01 PG 1ON 4 material without the prior evaluation of DEQ, and without additional response actions, if necessary, to achieve or maintain a condition of No Significant Risk. If the activities, uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to be necessary by DEQ in accordance with § 10.6. of the VHWMR and 9 VAC 20-60-264 the owner or operator of Unit No. 2 subject to this Notice at the time that the activities, uses and/or exposures change, shall comply with the requirements set forth in § 10.6. of VHWMR and 9 VAC 20-60-264. 6. Incorporation into Deeds, Mortgages, Leases, and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all deeds, easements, mortgages, leases, licenses, occupancy agreements or any other instrument of transfer, whereby an interest in and/or a right to use Unit No. 2 thereof is conveyed. • . Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice to .become effective when executed and sealed by the undersigned Professional Engineer,and recorded in the Office of the Clerk of the Circuit Court for the City of Roanoke. WITNESS the execution hereof under seal this ao Today of T'?A' , 2002. A T: C • ROANO VIRGINIA Mary F. Par c r, City Clerk Darlene L. Burcha ar ity Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this f/ ay of 1Y 2002, by Darlene L. Burcham, City Manager of the City of Roanoke, Virginia, on behalf of said municipal corporation. My commission expires: :'otary Pu• is 04' (3/ /0 _ ,., . AKE*0741365.W PO 4 CAA:077828-00014-01 et0c 3 „r ^ �Q 0 Approved as to Form: Approved as to Execution: 67 9--501-- E. Atemr‘fr. r - i...,,City Att ey S zo c2- R.City Att.i ey ,f'-20-u2_ The undersigned Professional Engineer hereby certifies that he/she executed the aforesaid Notice of Use Limitation and that in his/her Opinion this Notice of Use Limitation is consistent with the Department of Environmental performance standards for restricted use o .'r ,v,�., Quality 10,6.,of VHW�IR. Date: . .C� 02_ O JOHN JO�y' 1. , P.E. .. ALpCHENBERGER COMMONWEALTH OF VIR IA i No.0402 034928 4 of tom,-�c� to-o���'s t,G �ai TONAL E foregoing to b Q— free act and deed before me al�(l�:ep20 Yliand acknowledged the cLigArki Ma commission expires: Not blic / � / RKEI 0741365 WP0 5 C/M:07782600014.0, C >C gmb-i t21 Q p rot uvutauct PC 9 ;:l ri 9 Ilin ciriM— -7- / • ,�. ro WNW,ar §° I! ' I � y I. NIP ass.. �i d Din s tat " 4-4 4 "LA 11141 'iii 1 I" 17717 11arr_s. 1 Ilrr1r111rr1rr1111rtt1 Irrr 11 1MI.Cm pi 200! -a M-Y...••■•1•4111•10■0•111 LUMSDEN ASSOCIATES,P.C. ENGINEERS-SURVEYORS-PLANNERS ROANOKE.VIRGINIA 4444 0"AMSITd.AWM*9M Pa SOX 20441 110,043$11.WO.M 21010 ITC**,x(•01 774.4411 IAA 11 40)7774141 wiall W.SOIM COM ■C t pGOb5 HY200 INSTRUMENT #020009048 RECORDED IN THE CLERK'S OFFICE OF ROANOKE CITY ON 1AY 20, 2002 A T 04:15PM ARTHUR B. CRUSH, CLERK BY': girt , DC The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times + 360 TOYOTA, L.L.C. NOTICE OF PUBLIC 360 TOYOTA, L.L.C. a NEARING 9811 MIDLOTHIAN TURNPIKE r The City v lNta to RICHMOND VA 23235 City-Owned property located at Courtland Road, N.E.,Roanoke,Virginia 24012,Official Tax Map No. 3070318,together with an REFERENCE: 85677859 Pomonxofttn adjacent tax 13284061 NPH-360 Toyota, L.L. parcel Road,NA., Roanoke.Virginia,2401E being a portion at Official State of Virginia Tax ToyotaLLC.'pursuuant City of Roanoke between°the City nd 360 Toyota,LL.C.,a draft copy of which proposed Contract I, (the undersigned) an authorized representative for Purchase and Sale of Real Property is available of the Times-World Corporation, which corporation for inspection in the City is publisher of the Roanoke Times, a daily Clerks Office Room 456, Noel C.Taylor Municipal newspaper published in Roanoke, in the State of 'Building, 215 Church Avenue.S.W., Roanoke, Virginia, do certify that the annexed notice was Vlrginia,24011. 9 Y Pursuant to the published in said newspapers on the following y irements of Sections 1 . 52 -1800(8( and dates: 15.2-1813 ,Code of Virginia (1950).as amended notice hereby given that the City Council of the City of Roanoke will hold a public' hearing on the above matter on Monday,April 15, 2013.commencing t 7:00 p.m., m soonrtheeafee City/County of Roanoke, Commonwealth/State of heard, in the Couhcl Virginia. Sworn and subscribed before me this Chambers,4th Floor,Noel g C.Taylor Municipal Building, \V. .ay of April 2013 . Witness my hand and Roan uhurvtigmiaue4011. official seal . 'Further Information is liable from the Office of the City Clerk for the City of Roanoke at (540) �w �„ _A' N.,_ Notary Public 0.53i:5ans shall have the • opportunity to be Ma,and alEexpress their opinions on If you are a person with a •r^ disability who needs Cations for this �`Oy P�YM''' hearing,please contact the qAA��Y City Clerk's Office at(540) ( ., '✓ ''i 853-2541,before 12:00 PUBLISHED ON: 04/05 d tK• NO1e\O - 2013. Thursday,Apol11, ND . PU�109093'v • _ 2nd a der my hand this of 1 4 '..RMGGOMM15g)p: - Stephanie M.Moon, pt (13284061) TOTAL COST: 264 .00 �a�'�1,,,,jNtlY�k FILED ON: 04/15/13 + Authorized'' ` / yyy///d���///1///''' ///,,,---. / Signature: / p( / /(` % l�/ _.3il11ng Services Representative NOTICE OF PUBLIC HEARING The City of Roanoke, Virginia proposes to sell City-Owned property located at 1530 Court land Road, N.F., Roanoke, Virginia 24012, Official Tax Map No. 3070316, together with an approximate 1.5 acre portion of the adjacent tax parcel located at 1684 Court land Road, N.E., Roanoke,Virginia,24012,being a portion of Official Tax Map No. 3070322,to 360 Toyota L.L.C., pursuant to a proposed agreement between the City and 360 Toyota, L.L.C., a draft copy of which proposed Contract for Purchase and Sale of Real Property is available for inspection in the City Clerk's Office Room 456,Noel C.Taylor Municipal Building,215 Church Avenue,S.W.,Roanoke, Virginia, 24011. Pursuant to the requirements of Sections 15.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended,notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter on Monday,April 15,2013,commencing at 7:00 p.m.,or as soon thereafter as the matter may be heard,in the Council Chambers,4'h Floor,Noel C.Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at(540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at(540) 853-2541, before 12:00 noon on Thursday, April 11, 2013. GIVEN under my hand this 2nd day of April , 2013. Stephanie M. Moon, City Clerk Notice to Publisher: Publish once in the Roanoke Times on Friday, April 5, 2013. Send affidavit to: Send bill to: Stephanie M. Moon, MMC, City Clerk J. Douglas Pridgen, Jr. 215 Church Avenue, S.W., Room 456 360 Toyota, L.L.C. Roanoke, VA 24011 9811 Midlothian Turnpike (540) 853-2541 Richmond, Virginia 23235 Fax No. (804)272-3242 CITY OF ROANOKE tits_; • OFFICE OF THE CITY CLERK 1„-, 215 Church Avenue, S.W.,Suite 456 r- !^ Roanoke,Virginia 24011-1536 -. Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gav JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 16, 2013 Rebecca Cockram, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Cockram: I am enclosing copy of Ordinance No. 39638-041513 approving the Evans Spring Area Plan dated January 17, 2013, as amended by the City Planning Commission, and amends Vision 2001-2020, the City's Comprehensive Plan to include such Evans Spring Area Plan as an element thereof, such Evans Spring Area Plan to be referenced henceforth as the Evans Spring Area Plan dated April 15, 2013. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 15, 2013; and is in full force and effect upon its passage. Sincerely, ' h1. heed ..) Stephanie M. Moon, MMC City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of April, 2013. No. 39638-041513. AN ORDINANCE approving the Evans Spring Area Plan dated January 17, 2013, as amended by the Planning Commission, and amending Vision 2001-2020, the City's Comprehensive Plan, to include the Evans Spring Area Plan dated January 17, 2013, as amended by the Planning Commission; and dispensing with the second reading by title of this ordinance. WHEREAS, on January 17, 2013, the Evans Spring Area Plan dated January 17, 2013, was presented to the Planning Commission, at public hearing but the matter was continued to February 12, 2013, due to inclement weather to allow for additional public input; WHEREAS, on February 12, 2013, the Evans Spring Area Plan dated January 17, 2013, was again presented to the Planning Commission, but the matter was continued to March 12, 2013, for further consideration and discussion; WHEREAS, on March 12, 2013, the Planning Commission held the continued public hearing and recommended adoption of the Evans Spring Area Plan dated January 17, 2013, with certain amendments, and amending Vision 2001-2020, the City's Comprehensive Plan, to include such Evans Spring Area Plan dated January 17, 2013, as amended (the "Plan"); and WHEREAS, in accordance with the provisions of §15.2-2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on April 15, 2013, on the Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE,BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Evans Spring Area Plan dated January 17, 2013, as amended by the Planning Commission, and amends Vision 2001-2020, the City's Comprehensive Plan, to include such Evans Spring Area Plan as an element thereof, such Evans Spring Area Plan to be referenced henceforth as the Evans Spring Area Plan dated April 15, 2013. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 3. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. A®�,to tit CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: April 15, 2013 Subject: Evans Spring Area Plan Recommendation: The Planning Commission held a public hearing between January 17 and March 12, 2013. By a vote of 6-0, the Commission recommended adoption of the Evans Spring Area Plan as a component of Vision 2001 -2020, the City's comprehensive plan. Background In 201 1 the Virginia General Assembly passed a transportation bill that includes funding for improvements to the Valley View Boulevard interchange. The new design of the interchange will create the possibility of a new street connection at its southern end. This potential connection could provide access for development of the vacant land that adjoins it to the southwest. A critical portion of this vacant land has never been included in any of the City's neighborhood plans. This plan addresses the future of all the vacant land that could potentially be accessible to new street connections from the interchange. The area is named after the spring on the property that was the site of one of Roanoke's earliest European settlers, Mark Evans' first home in the Valley. City planning staff began a public involvement process in spring 2011 . Small meetings were held with each of the neighborhood groups surrounding Evans Spring: the Fairland Civic Organization, the Melrose-Rugby Neighborhood Forum, and the Washington Park Alliance for Neighborhoods. Three open public meetings were held in 2011 . Staff also met twice with a small group of owners and residents of Top Hill Drive. Comments in the meetings revealed that there was a considerable gap among residents in terms of understanding the intent of the planning process. In addition, several citizens expressed a desire to communicate directly with the owners of the Evans Spring land. As a result of this input from the public meetings, staff organized an executive committee consisting of neighborhood leadership, two planning commission members, and four of the owners of the property covered by the Evans Spring Plan. City staff held five meetings with this committee in 2012. The role of the committee was to reach some form of consensus on the development of the plan, and then to help communicate that to the general public. A draft was reviewed by the committee prior to public review. The draft plan was put on the department web page in September 2012, and two public meetings were held in October 2012 to present the plan. During the planning process, issues and concerns with new development were identified. Staff was able to identify several recurring themes: • Traffic; nearby residents fear of increased traffic • Fear of commercial development encroaching upon residential areas • Management of water resources; increased flooding and pollution • Property values; fear of higher taxes, or lower values resulting in an inability to sell • Expansion of the Lick Run Greenway • Need for green building and design The Planning Commission first opened the public hearing on the plan on January 27, 2013. The Commission continued the hearing to February 12, 2013, due to pending inclement weather on the hearing date. On February 12, 2013, the Commission once again continued the hearing to March 12, 2013, to provide more time for various stakeholders to meet with staff. In response to citizen input received after the initial meeting in January, staff offered a number of amendments to the plan at the March 12, 2013 meeting. Considerations The plan was developed with consideration given to many factors. Among these factors were consistency with other Council-adopted plans, compatibility with surrounding neighborhoods, public input, and potential environmental and economic impact. These factors formed the guiding principles of the planning process. The plan recommends design principles related to the physical form of development on the property. These principles are organized around three general themes: • Stormwater management and conservation of natural resources • Urban, mixed use development • Street design consistent with the City's Street Design Guidelines Collectively, the guiding principles and design principles provide the policy framework for future development. The two future land use and street network concept maps convey these principles. The land use is identical on both maps, the street networks differ on both. The plan recommends that the Evans Spring properties be developed as a mixed use community with an interconnected street system while Lick Run and Fairland Lake should be preserved. 2 The street concepts are not specifically recommended as designs. Rather, they are intended to provide a general vision for how a network should be arranged at Evans Spring. One feature is consistent in both concepts; all existing streets surrounding the Evans Spring land are connected. Connecting to as many streets as possible will distribute traffic more evenly. However, until a specific development is proposed, the optimal connections cannot be determined. Thus, the plan recommends considering every possible connection. This model is consistent with and implements the Vision 2001-2020 Comprehensive Plan, neighborhood plans of the adjoining neighborhoods, and the Strategic Housing Plan. This plan provides a framework for development within the context of surrounding neighborhoods, a regional commercial shopping corridor, a major interstate highway frontage and a significant environmental feature: the Lick Run and its floodplain. Unlike an isolated greenfield development, this plan must respond to the context of the existing street patterns and buildings that border the Evans Spring land. Moreover, the existing neighborhood fabric must be respected. Specific details of the development are not yet determined. A detailed master plan will ultimately be needed before development begins and will likely be required when the property is rezoned. This plan is an intermediate step in the process, providing a framework for a more detailed plan by establishing general land use patterns and design principles. When evaluating a future rezoning, planners will compare the detailed layout of that zoning proposal to this plan to ensure the development patterns and design principles are consistent. Planning Commission Work Session: Planning Commission members discussed the streets in the Fairland neighborhood that are in between the Evans Spring land. Several members posed the idea of including some of that property in the plan & designating it as mixed-use on the future land use maps. Planning Commission Public Hearing Discussion: During the January 17 and February 12 public hearings, several members of the public expressed general concerns with traffic, environmental conservation, and stormwater management. Commission members asked if there were specific concerns, with most replies stating general opposition to the plan and development. In the March 12 hearing, Mr. Chittum advised that after meeting with neighborhood residents and property owners, staff had proposed 10 amendments to the plan. Mr. Chittum noted that the amendments are the result the public input occurring between the three public hearing sessions over two months and additional comments and information being presented to Staff during that time. The amendments are reflected in the plan as it was recommended by the Planning Commission. 3 Mr. Scholz expressed concern about the amendment related to a cultural resources survey because he was not familiar with the details of the process, and he could therefore not support that particular amendment. General concerns were again voiced in the March 12 public hearing, and the President of the local chapter of the NAACP said that any commercial development should develop well-paying jobs rather than minimum wage positions. The recurring themes of traffic, environmental conservation, and stormwater management were voiced as well. LoralCatz, Chair tC' City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney 4 5uLidSSUPAD/n06 PAD)10UP0.1 MMM i Z ! U ! 6J ! Aa ou o O AT ! JQ 0 _.., _11. . (2 ,•• j f -4 -.A.i, ' '-- • Cn C ti , . - C C Q) 0 rY1 . O N O.. N -D E .. "0 E N C� 1 o - 4 CCU �. U 07' ` ^ , C L.... = 2 ‘ ''"/"..,„' ,....- • 21 .wIL '; (ICS < CO (J) C C - l«'l4., ' L ., CO 0 .. '''' -''-'1: -' --/- ''''' > CL I ;. `, +'fly At .VCA_ Acknowledgments City Council Mayor David A. Bowers Vice Mayor Court G. Rosen William D. Bestpitch Anita J. Price Raphael "Ray" E. Farris David B. Trinkle Sherman P. Lea Planning Commission Chairwoman Lora J. Katz Henry Scholz Chad Van Hyning Kermit (Kit) Hale James E. Smith Angela S. Penn Mark K. Futrell Fredrick M. Williams (through 2012) Planning Building and Development Chris Chittum, Director Tom Carr, Director (retired) Project Team Frederick Gusler, AICP, Project Manager B.T. Fitzpatrick, III, City Planner/GIS Analyst Katharine Gray, Land Use and Urban Design Planner Jillian Papa, Preservation Planner Thanks to all the residents and property owners who participated on the Evans Spring Executive Committee and those who attended the public meetings. A special thanks to the Evans Spring Executive Committee for their assistance with this plan and their continued commitment to the area's quality of life. Table of Contents Introduction 1 Executive Summary 2 History 3 Public Involvement in the Process 7 Planning Approach 9 Potential Land Assembly 11 Guiding Principles and Policies 12 Design Principles 14 Land Use Patterns 24 Development Process 26 Implementation Actions 27 Future Land Use/Street Network Concept 1 29 Future Land Use/Street Network Concept 2 30 Introduction The Evans Spring land comprises As expectations rose for the interchange approximately 1 30 acres of vacant land project to be completed, the owners of the along the southern side of Interstate Evans Spring land approached the City about 581 (1-581) bound by Hershberger potentially developing the site by building Road to the northwest, the Valley View a street connection to the new interchange. Boulevard interchange to the southeast, Such a connection has the potential to and the Melrose-Rubgy neighborhood change this area significantly. This plan to the south and southeast. Over 19 addresses these anticipated changes by acres is non-contiguous, which is the establishing standards and guidelines that Ramsey property that lies between the will enable this land to be a productive rear of several Aspen Street homes and and mutually beneficial part of the City for the Hershberger Road interchange from generations to come. A critical portion of 1-581 . This land has been undeveloped the Evans Spring property was not included save for a few structures which are no in any neighborhood plan, as the Melrose- longer there, since colonial settlement in Rugby Neighborhood Forum requested that the valley in the 1700s. It is the largest it not be included in the update of their plan assembly of privately owned developable in 2010. City staff thus began the planning vacant land left in the City. process for Evans Spring that resulted in this plan. In 1999, the Virginia Department of Transportation (VDOT), with assistance from the City of Roanoke, built the Valley View Boulevard interchange as it Virginia Department stands today. The design was to be a of Transportation full cloverleaf interchange with ramps 1! to and from 1-581 in both directions. — 1 However, a portion of the interchange °r was not completed at the time due to funding limitations. ' Ramp '' Ramp � In 2011 the General Assembly of the Commonwealth of Virginia passed two _ _ bills for the Governor's transportation plan. The bills will provide funding / mechanisms for highway Ramp including completion of the Valley View Boulevard Interchange. In anticipation of -• this funding, the regional VDOT office prepared a design for the interchange's completion in conjunction with the City VDOT Valley View Interchange Plan in 2010. Construction of the interchange is now slated to begin in late 2013, with P1 an estimated completion in 2016. Executive Summary This plan recommends Evans Spring be Specific details of the development are not developed as a mixed use neighborhood yet determined. A detailed master plan will within the context of its adjoining ultimately be needed before development neighborhoods. This model is consistent begins and will likely be required when with and implements the Vision 2001- the property is rezoned. This plan is an 2020 Comprehensive Plan, neighborhood intermediate step in the process, providing plans of the adjoining neighborhoods, a framework for a more detailed plan by and the Strategic Housing Plan. This plan establishing general land use patterns and provides a framework for development design principles. When evaluating the within the context of surrounding rezoning, planners will compare the detailed neighborhoods, a regional commercial layout to this plan to ensure the development shopping corridor, a major interstate patterns and design principles are consistent. highway frontage and a significant environmental feature: the Lick Run and It is logical for citizens to question the process its floodplain. Unlike pure green field and outcome of this plan when specific development, this plan must respond development has yet to be proposed. Yet, to the street patterns and buildings that the value of this plan will be evident once border the Evans Spring land. Moreover, such development proposals are brought the existing neighborhood fabric must forth. This area plan gave nearby residents, be respected. property owners and the general public, a chance to be involved early in what happens In public meetings, citizens expressed with the future of this land. This plan is concern about encroachment by proactive, as it addresses the future of commercial development. The potential Evans Spring well before any development for increased traffic seemed their proposals have been put forth. This plan greatest concern. The loss of open space gives City staff and the public a guidebook and natural areas provided by this land from which to evaluate future development was also a major concern. Aside from proposals. For the developers, the benefit of the 13-acre detention pond near the this plan will be in knowing ahead of time interchange, the properties in the Evans what the City staff and public's expectations Spring area are privately owned. and desires are. The City has adopted plans for each As leaders of this planning process, the neighborhood in the City. These City of Roanoke sought to ensure that neighborhood plans are components the principles of Vision 2001-2020 were of Vision 2001 -2020, the City' s adhered to and the concerns of the public comprehensive plan. All of the current were incorporated. This plan is essentially a neighborhood and area plans provide partnership between the City of Roanoke and policy direction for areas with existing its citizens for the future vision of the Evans development. Unlike those plans, this Spring area. document will provide guidance for the future of an area that is largely undeveloped. P2 History The land northwest of the Great Lick is Creek and the Great Lick. The branch from credited by local historian, F.B. Kegley this spring and other springs in this small as "the beginning of civilization" in the water shed formed the "Lick. The area Roanoke Valley. Kegley described what first appears in Augusta Court records with was known at the time as "Cedar Spring" an entry in April of 1746, whereby Mr. Erwin as "a small bold spring that bubbled Patterson was appointed as Constable 'near up near the head of a draft that sloped the Great Lick.' Cedar Spring, Evans' Spring towards the mouth of Buffalo, or Tinker and Evans' Spring Branch were recognized Creek, the starting point of the Evans and named in the surveys for Mark Evans survey."' made about that time. However, land grants for the land were not recorded until after The earliest known records pertaining to Mark Evans died in 1748." His eldest son, colonial settlement in the Roanoke Valley Daniel, was appointed executor of the estate are the rolls of the militia companies in February of 1 748. of Augusta County for the year 1742, specifically, notes given to Col. Patton for The March of 1 748 appraisal of land purchased, sale bills for purchases personal property left by Mark Evans made at some public sale, and orders is characterized by Kegley as a sign of made for the building or upkeep of affluence among the early residents neighborhood roads. Only a few names appear in the land records for this region as early as 1 742. Among these first men _ , were George Robinson, the captain of the ` •;,; Y ,; company; James Rentfroe, a sergeant; ��• '�; . a .: a Tasker Tosh, Stephen Evans and Mark °' `, T—=-- -»r ` Evans , Mark Evans' land along Cedar Spring and • 4 I' ,• the larger branch farther north called I t. " Evans' Spring Branch comprised Cedar L Spring Farm. Evans' Spring was the large y« Mark Evans'house(center)is pictured in the early twentieth century abuse the lake fed spring north west of the mouth of Tinker by twin springs in The Barrens.Read Mountain is in the background. 'Source: pp. 523, Kegley's Virginia Frontier. 'Source: pp. 91, Kegley. 'The"Lick"was formed by the saline waters of these various springs being held back and spreading over the flat land near the mouth of the clogged creek (Source: Kegley, 524). 'Kegley, 524. ``"July 1 1 , 1 751 , Peter Evans, 400 acres on the waters of Roanoke, called Cedar Spring; 400 acres, Naked Farm, by house of Mark Evans; 400 acres on Carravan's Creek, Clear land, or Barrens. From Daniel Evans, heir-at-law of Mark Evans. Au. Deed Bk. 3, 521-529." (Source: Kegley, 99). P3 'Kegley, 188-191 . of the community. Daniel sold the land 2012. Since annexation this land has been on Evans' Spring Branch to his brother, subdivided and owned by a wide variety of Peter Evans, who held the land together people and corporations. The only other from .July of 1 751 '' to the time of his development on the Evans Springs land was death in 1 797. The three tracts, Cedar a cabin right beside Fairland Lake. The lake Spring, Naked Farm and the Barrens were was used by the Fairland Swimming Club supposed to contain 400 acres each, but until the mid 1 960s. It is unclear when the a 1 792 resurvey of the Mark Evans land original Evans house was razed. revealed 1 ,910 acres.`' . These men, many with their families, established claims to land, but did not w it ; •I secure land grants until after 1 746, - some not until after 1 750. Of these early settlers, Mark Evans distinguished himself .. . - •-- by claiming the desirable water supplies • of the area, including land along Evan's Spring Branch (formerly Cedar Spring), The neighborhoods adjacent to Evans northwest of the Great Lick, and Crystal Spring on the south side of the river.' Spring consist of Washington Park to the east/southeast and Melrose-Rugby to During the 1 700s, the lands were known as the south/southwest, and Fairland to the Evans Spring,for the fresh water spring and west, all three neighborhoods were heavily small creek running through the hollow, developed from the 1920s until the 1970s. and in the 1800s re named Oaklands as Various designs and development concepts part of a larger plantation tract owned by have been discussed over the years for the the Watts family. The Oaklands name was Evans Spring Land; however most of it has well known and used up until the 1 950s not come to fruition. In 1975, the first large- by many Roanokers. Despite the proper scale residential development in the Melrose- names of the area, the land was remote Rugby neighborhood since the 1920s was and distant from Roanoke and without planned off Andrews Road. Called Heritage formal access, so the lands were never Acres, the development was subdivided formally settled or built upon until a small for single family homes, but the financier section was in the 1940s. 8 foreclosed upon the property. Fourteen years later, in 1989, the development of A year prior to annexation into the City of Heritage Acres resumed, under new owners, Roanoke in 1949, on a small western most but only a few homes where built. The section of the land purchased from the Heritage Acres property is included in the Virginia Land Company, a white Colonial Evans Spring plan due to its proximity and Revival home was developed. That house, relationship to the land; however it is part 1 91 9 Andrews Road N.W., was razed in of the Melrose-Rugby neighborhood. 'Source: pp 93-94, Kegley. Source: Barnes, Raymond P. History of the City of Roanoke: 1 7. P4 In Melrose-Rugby, adjacent to the south of the Fairland neighborhood contains and southwestern boundaries of Evans single-family detached dwellings in the Spring, the 1970s brought about large modern brick ranch style, although there is scale change and development. In one multifamily development, West Wind, 1 971 , U.S. Interstate 581 and the exit which built in the early 1980s at the northern ramp interchange where completed edge of the neighborhood. The Fairland to Orange Avenue, which stimulated Civic Organization maintains a small but some industrial development near dedicated membership of homeowners. the neighborhood and increased daily traffic along Orange Avenue. In 1972, The land north of 1-581 that is now occupied the map directing the development of by Valley View Mall was given by King Andrews Plaza was recorded showing George III to Robert Breckenridge in form plans for development of 4.5 acres along of a land grant in 1 767. Originally known Andrew Road. Today, the Melrose-Rugby as the Barrens, the land was made barren neighborhood has one of the City's by Native American fires which were started strongest neighborhood organizations, to allow for new plant growth and animal the Melrose-Rugby Neighborhood life, and later by farming. In 1905, Peter Forum, and has maintained a stable core Huff purchased the land and continued to of homeowners. farm the land until 1959. The 200 acres of land continued to be worked by the Lewis In the northwest section of Washington brothers, John, Dude and William up until Park, adjacent to the eastern boundary the mall was proposed in the late 1970s. of Evans Spring, development started In 1980-1 , developers Masten, Faison, with the Grandview Addition by Rheims Weatherspoon Realty Co. of Charlotte, NC Realty Corporation and encompassed the had a rezoning of the Huff farm approved to lands from 10th Street N.W. west to just allow for the construction of an 80 acre mall east of 8th Street N.W., and south from anchored by four large department stores. Queen Street N.W. to Page Avenue N.W. Construction on the mall began in 1982 and Thirteen years later, five heirs of Mary finished in 1985." K. Hunt formed a company to plat the land they called Shadeland. Shadeland To access this newly constructed mall, the abutted Grandview Addition to the City of Roanoke requested an interchange southwest and consisted of the lands from Virginia Department of Transportation from Hunt Avenue N.W. to Moomaw in 1987, but it was initially rejected. Efforts Creek, (also known today as Lick Run by the City continued, and in 1993, the and is part of Brown-Robertson Park) Federal Highway Administration and Virginia and from 10th Street N.W. east to lands Department of Transportation approved owned by George Markley. the request. Design work started in 1996, with construction beginning in 1997. Fairland is a newer neighborhood, with Construction on the interchange concluded most homes built since the 1 950s. Most 'Source: Beagle, Ben. Brothers Go On Working Land Proposed for Mall. The Roanoke Times. February P5 26, 1978. with the Ribbon Cutting Ceremony on of this funding, the regional VDOT office Thursday, August 19, 1999. However, prepared a design for the interchange's the full `cloverleaf' design was not completion in conjunction with the City in completed; motorists could only enter 2010. Construction of the interchange is now northbound and exit southbound from slated to begin in 2013, with an estimated 1-581 . completion in 2015. Once complete it will In 2011 the General Assembly of the allow for access to be developed to the Commonwealth of Virginia passed two interchange from the Evans Spring land. In anticipation of this project and future bills for the Governor's transportation development of the Evans Spring land, the plan. The bills will provide funding City of Roanoke started the Evans Spring mechanisms for highway construction, planning process in 2011 . including completion of the Valley View Boulevard Interchange. In anticipation 444 1e T 1 a j DARRE. 1S no6.rf ,gr,e*anti dice 4O0 .4 Se pt. xv, 1767 ,. IVAFif 5PRON6 Paler Et/earls 1910 .4- e ft t. 20 D 174 "Map Showing the Original Land Grants of the Roanoke and Vinton Community"(Hildebrand) overlaid on 2009 aerial photography. Land grant map comes from F.B. Kegley, Kegley's Virginia Frontier: The Beginning of the Southwest, the Roanoke of Colonial Days, 1740-1783 (Roanoke, Virginia, 1938). P6 Public Involvement Process Once design work began for the • Property values; fear of higher taxes completion of the Valley View Boulevard and lower values resulting in an interchange, the owners of the Evans inability to sell Spring properties began to think about • Expansion of the Lick Run Greenway ideas for street connections to the • Need for green building and design interchange and potential development of their property. The City administration This list is not comprehensive and doesn't advised the owners and the public include every comment. Many comments that this area was not part of any revealed that there was a considerable gap neighborhood at the time and was not among residents in terms of understanding included in any neighborhood plan. If a the intent of the planning process. In rezoning application were submitted for addition, several citizens expressed a desire this property, the Planning Commission to communicate directly with the owners of and City Council would only have the the Evans Spring land. As a result of this input guidance of Vision 2001 -2020, but from the public meetings, staff organized an would lack more specific direction. executive committee: Neighborhood plans provide a focused analysis and more information to advise • Alfred Dowe, Sr., President, Fairland Civic critical decisions. Organization Estelle McCadden, President, Melrose-Rug City planning staff began a public by Neighborhood Forum involvement process in spring 2011 . • Janette Manns, President, Washington Small meetings were held with each of the Park Alliance for Neighborhoods neighborhood groups surrounding Evans • Patricia Broadneaux, Fairland Civic Spring: the Fairland Civic Organization, Organization the Melrose-Rugby Neighborhood Forum, • Charlene Graves, Fairland Civic and the Washington Park Alliance for Organization Neighborhoods. Three larger public Shirley Harris, Melrose-Rugby meetings were held in 2011 . Staff also Neighborhood Forum met twice with a small group of owners • Rev. Clinton Scott, Washington Park and residents of Top Hill Drive. Alliance for Neighborhoods • Margaret Scott, Washington Park Alliance The meetings were successful at for Neighborhoods identifying issues and concerns with new • Rick Williams, Roanoke City Planning development. Staff was able to identify Commission several recurring themes: • Joe Ramsey, Evans Spring Property Owner • Andy Douthat, Evans Spring Property • Traffic; nearby residents fear Owner increased traffic • Linda Howell, Evans Spring Property • Fear of commercial development Owner Representative encroaching upon residential areas • Bob Bradshaw, Evans Spring Property • Management of water resources; Owner Representative P7 increased flooding and pollution • Peter Cooper, Evans Spring Property Owner Representative City staff held five meetings with this committee in 2012. The role of the committee was to reach some form of consensus on the development of this plan, and then to help communicate that to the general public. The content of this plan was reviewed by the committee prior to its review by the general public. View from VDOT/I-581 property line looking west across existing open space P8 Plannin g Approach The task of city planners was to determine public input is embedded in City policy. The what kind of development would be end result is a balance of: input from the suitable, how it would look, and how it public meetings, City policy and developer would function.The City of Roanoke bases interests. land use decisions on many factors, but these four are considered to be the major At the time of the planning process, the considerations: Evans Spring properties had five different owners. The City of Roanoke owns a 13 acre • Consistency with Vision 2001-2020 tract of land that currently has a stormwater and its component plans, e.g. retention pond on it. The pond collects neighborhood plans, the Street stormwater from the Williamson Road area Design Guidelines, the Roanoke and the eastern edge of Valley View Mall. Its Valley Conceptual Greenway Plan, capacity is more than adequate and could etc. handle significant increases; however it is • Compatibility with the context of too far to alleviate increases in drainage existing neighborhoods from the recent development at the western • Public input edge of the mall. Because of its current • Economic impact location, this facility will likely be removed and a new, improved stormwater facility Input received in the public meetings was with greater capacity will be a part of any integrated with existing plan recommendations. new development (see stormwater section). The Guiding Principles provide the In all likelihood the City will not continue to rationale for the City's policy framework. own a stormwater facility anywhere on the The design principles and Future Land Evans Spring property. Recent regulations Use/Street Network Concept maps regarding stormwater quantity and quality address what development should look will play a major role in the development of like, how it should function, and a general Evans Spring. Design of such improvements, idea of how certain land uses should addressed in the design principles section, be arranged. Vision 2001-2020 and will be an extensive process and pivotal to its component plans were also created the success of any development. through a public planning process. Thus, P9 I ,. . \ , :, _ ,. _ _ .,.: ..f. , 4001,6 .„..2 • ., , I. .,,so" Hazin a *az ass Nab iftak NNW*" /.581/10 I-58Is ---": , - - .i ' • - ' -.4. ;,. ,-., -- .' • . , 3 •, '.--,, •: , .-- -' • ' - ' . . ___, , • .. ,. , „., , : , . ,. ..._...,.._. „vow ----...•......_101111Stimmuumime , -----,... ...7 A! .---..„._ 4, •..,,,, ti■ '''' 4 ' ' ',II No, Ir air'"' --- • - v- , .. aj, •-•-■, --- Ilt i jos. vS -I -t\ 7 , mitt& Aghqr A■ A* *..40.. '': , —*MP IOW 4 •.10 44• 01 .tivi4 - % . 4 11 ' nom I i..al *sr ' 1 III 1 Il. 111. a. WEN # MN N 11: '■asli III Illaritil--Y .' 407 41111M rUl . 41110,1 'ell t tt#140A MPS ri ilbs I'1 1"'-* **‘10 0010110 g a I 0 VORIIIL. i m NO i *•o.‘■to t is- ontorou ---) ,- # 1 WM 'El J■21-rn 1 . 11 0 t - - . 0 --- Wei ...eim aftru 4 rai-4.- 'At "'ft 4 • 1%/1 0 ° 06 " VW risialm aft„ . Ai, eft... / *. p, 001 -4vV"In - • pims■ ....■winitilesap int a ow .w.* ov *11S• i '114A WI •Property Boundanes M ow *es 111114** i1 ,iii„prope. tale riii,„6 !Nos 0...- Couthat PrOPerties ! 1,,...._ &midriff/ i t ,00 ' II RamSeY ProPe'lles '111111 Irlffe, A a litS Ito 0 4 Hentage ACres PWert'es ...' i2 Nim...._ •-ant— si ■11. .... .. -- - 0 Potential Land Assembly As noted on the Future Land Use/Street There is a strong sense of community that Network Concept maps of the Evans residents of this area have developed over Spring Planning Area, there are two many years, and the City respects and separate large swaths of vacant land that appreciates their contribution to the Fairland the properties on Brooklyn, Meadowview neighborhood. Development of Evans Spring and Kirkland Drives lie between. These will impact many people in a broad area, properties are attractive to developers and continued public input will be vital to due to their location between this vacant a successful development for all parties land, and acquisition of them could involved. The input of the residents on enable a contiguous development of over Brooklyn, Meadowview and Kirkland Drives, 1 30 acres. however, is particularly crucial for the future of this development. At the time of the planning process, several residents of Brooklyn Drive said they had been approached by a real estate agent offering to buy their property who stated that VDOT would eventually acquire it via eminent domain. City staff assured them that the latter wasn't true, and it was purely their choice if they wished to sell. The vacant property just south of Hershberger Road, commonly referred to as the Ramsey property, was included in this plan due to a preliminary agreement all the owners have to work with one another on a development. There is also a history of development interest on the Ramsey site. If the owners of property in this area View looking south across the Ramsey property should decide to sell to developers, it would create the possibility of the two areas being linked by streets and buildings in one seamless development. It would be shortsighted not to anticipate the possibility. In addition, acquisition of these properties could improve the overall development. It is important to note, however, that this will depend on the owners of those properties, who are P11 in no way obligated to sell their land. Guidin g Principles and Policies One of the first tasks of developing this The following principles, policies and actions plan was to establish a set of guiding provide some best practices and principles by reviewing City plans and parameters forthe creation of development plans gathering input from the public, City staff for Evans Spring. These directives should be and other professionals. The following is referred to prior to, before, during and after a brief summary of the foundations of the design process: City policy and existing factors that form the guiding principles employed in this Public Input is crucial to the success of any plan: development, and development proposals and other vital information should be shared • Vision 2001-2020 land use policies with the public as earty as possible. A collaborative • Previously Adopted Plans; in planning process will guide the future of addition to Vision 2001-2020 staff Evans Spring. reviewed plans for surrounding neighborhoods (Fairland/Villa Consistency with Vision 2001-2020 and its Heights, Melrose-Rugby, Washington component plans, e.g. neighborhood plans, Park), the Strategic Housing Plan, should be maintained. The City strives to Street Design Guidelines, Urban create plans that are consistent with the Design Manual, transportation, bike;, broader vision of the entire City, while and greenway plans sensitive to the factors present in each • Public input received during the different area. planning process • Environmental conditions; staff analyzed the topography, flood plain and stormwater issues, and ° a% verified there are no known pollutants on the property vision • Economic Development considerations; staff considered the value of this land and its proximity to 1-581, and acknowledges that it is attractive for commercial This is a long-range plan. Long-range planning development is an attempt to anticipate the future, and as such is not an exact science. This plan must contain clear policies, while at the same time allowing flexibility for changes that will take place in the economy and other conditions over the anticipated timeframe for this development to take place. P1 2 Use land efficiently by deliberately r4'1 i sii-i", , p designating the use of all spaces whether for buildings, parks, or `-", Hal MI preservation. Mixed-use development, u r l ®: particularly the creation of residential o . , A units above ground floor commercial 1 `i ' units, is one of the best methods to 4 1 g maximize use of the land. t. - ' 1 w �J 3 Lick RuntFairland Lake y .y MM.®MI ° � -' Floodway f II ''- Floodplam -. 0 • +y. ' I I Tax Parcels 7 �� Elk{t Evans Spring Planning Area _ II Q S do P In M .` ' r > - *, ! ' i': .. r Preservation Residential \ "?' Commercial' a � igill . ,. Mixed Use ,y t — Mixed-use development (commercial and ' - residential)is the best use of this land and v. r'� industrial land uses are inappropriate. ' - Development should be integrated into 'A" .7 _ i k7� �� Z the existing neighborhoods without 3 14.0.4 t drastically altering their basic fabric. ' i P- 0 Sound environmental stewardship must 110 be used to develop Evans Spring with lk 144,?%,„ , 044 . respect to its natural features, such as Lick Run. A balance between economic development and environmental . - -. . ,_ preservation is desirable and achievable. 4 Flrlf1g ,x i /MI k �F Lick Run floodway/floodplain P1 3 Design Principles The following section will have the ponds, open channels, vegetative swales, greatest impact on what development pervious pavers and other filtration areas in Evans Spring will look like and how that can be attractive amenities rather than it will function. This chapter will be liabilities and can even multitask as usable referred to by City staff when reviewing features. Such techniques are well illustrated development proposals. It is organized in the The Light Imprint Handbook, authored into four sections; however there is often by Roanoke native Tom Low of Duany Plater overlap between them. Zybek. Stormwater Management f - and Conservation of Natural >` Resources • rt t r %y, Thornton Creek, Seattle, Washington, a good Fairland Lake as it exists today. Photo courtesy example of an open, urban creek of Dr. Rupert Cutler As an urban stream, Lick Run and its Development around Lick Run and the former tributaries will need to be thoroughly Fairland Lake site will entail an extensive assessed prior to any development of review process. This is due to the existence Evans Spring. Riparian buffers should of the flood plain and wetlands on the land. be established through preservation or The state and federal agencies involved in re-vegetation with native plant species. this process include: Natural drainage techniques should be employed throughout the development. The Army Corps of Engineers Stormwater management,which addresses • The Federal Emergency Managemen both the quantity and quality of water Agency (FEMA) entering natural waterways, should • The Virginia Department of avoid approaches where water is piped Environmental Quality (DEQ) and concentrated into large basins that The Virginia Department of Conserva to are usually unattractive and sometimes and Recreation (DCR) nuisances. Rather, development should have a decentralized system where Much of the site analysis and engineering will treatment structures are kept open and take place while working through this process. have a natural appearance. There are The City will not approve a development plan many accepted practices, often generally until all required state and federal permits referred to Low Impact Development(LID) are secured. strategies. Examples include retention P14 In addition to the issues of the creek and . i, wetlands, this site is forested and home to a lot of wildlife. Existing trees and rr • ?_�� ,~' :3,. forest fragments should be preserved .+.. ., r `. e to the greatest extent possible. Where w ,,''. tree removal is unavoidable, the tree C ' canopy must be replaced per the City's zoning ordinance. Roanoke's zoning , ordinance requires that development include a certain amount of tree canopy and encourages preservation of existing trees through extra credits given toward the required canopy calculations. Transition from forested area to open space N f- : %- '; ' ,, , During the planning process, citizens ;` Ufa d expressed concern with disrupting this lir l�.. ' , . : natural environment. It was suggested . that a design with nature or sustainable urbanism approach be used, in which the i built environment is designed to minimize , ;AV _ impacts on the landscape and ecosystems. These approaches are consistent with Vision 2001-2020 and the City's Clean and Green initiative. All of the design principles in this plan in some way pertain Forested area adjacent to Fairland Lake to environmental preservation, as good urban design is premised on getting the , maximum benefit out of the footprint of the 10--1,-.)7.� land developed, which reduces stormwater W `= = °+,,, runoff and the amount of land needed ,2* , f . elsewhere, while preserving green space. �y,. : y %-;=�r, The following design principles pertain to ,__ <1 :.. . . 4 environmental features in particular, while •,4., the sections that follow elaborate further on other design features. It is important to note that these design principles are all ■ 1* interrelated. Collectively they are intended �! ' Y Y to promote sustainable development that Stream connecting Fairland Lake to Lick Run creates economic vitality while preserving natural resources and maintaining a high quality of life in and around it. P15 Stormwater Management must be Tree Canopy and Natural Buffers should thoroughly evaluated and planned for be used throughout the development with with regards to land use. Low-impact particular attention given to any transition development (LID) methods, such as between commercial and residential uses. vegetative swales, rain gardens, and pervious pavers, should be employed, The Lick Run Greenway must be extended and stormwater management should be as a part of any development. The ideal route dispersed throughout the development will be along the open channel of Lick Run rather than concentrated in one facility. with appropriate landscaping. Additional trails that provide access to the greenway Use Water Features as Design Elements: should at the least be dedicated as part of any Consider water features that will serve development. In some cases, greenway trails as stormwater facilities and provide may be built in lieu of street connections, amenities for the development. If a where streets aren't feasible. large facility is necessary, it should be r _v - incorporated into the development in a ftz manner that makes it indistinguishable Y ,• from a natural body of water. {" x , Fairland Lake should be restored and • f ' .. used as a stormwater facility if feasible. At present, Lick Run does not flow into • .; it, however new development may be designed in a way to use the Lake for stormwater retention. r a. WId�r Lick Run Greenway Aerial view of Fairland Lake taken in 2009 Lick Run: Maintain Lick Run and other creeks as open channels rather than burying them underground with boxed culverts. Burying may be necessary for a small portion of the site, but should not constitute the plan for its entirety. P16 Urban Development (Residential, Commercial & Mixed-use Development) ti.-, - i' 'tom @ the buildings and site layout of future ` � „ �_ development. The street design section o �+• •� _ -�� ,, that follows goes hand in hand with these • ,� t ;z _ •, - .,,,... -4i- principles in creating a vibrant and healthy ''"` e "' mixed-use development. Village center development concept, Solon, Ohio Quality of housing should stress form, materials, The land of Evans Spring is best suited to finishes, and orientation, rather than square mixed-use development and, specifically, footage. a mix of residential and commercial development. Mixed-use may be used to describe both a mixture of commercial and residential uses in one building, or vi '- .' throughout an entire development. __ . 1 , to create a sense of place and provide options for residents, e.g. apartments, t townhomes and detached single-family houses could all be incorporated. Likewise, large and small-scale commercial can both be oriented to co-exist among residential units and support one another. To maximize the use of the land, Birkdale DevelomentApartments/Condos, buildings with commercial storefronts Huntersville, North Carolina could have residential units in their upper floors. Larger commercial buildings could be oriented with public amenities, such as parks and plazas, between them and nearby residential development. The overall intent of mixed-use development is the creation of a place where people can live, work, shop and be entertained. The following design principles address P17 Residential diversity should be provided through a variety of dwelling types that /'-‘ •*,AA RY7 allow people of different life styles, 'r Residential ages,family composition, income levels, .. Pattern Book and tastes to live in close proximity and to interact with one another. .--. = city of Roanoke The Residential Pattern Book for the City of Roanoke and the Residential I Pldnnl ng BWiding& f l__LL' Devclopmenl Plans Library should be consulted for , ;;911'11' 1----. ROANOKE I'� NRdNIA guidance on architectural compatibility ROOA , ANrO with the surrounding neighborhoods. w � EMUW by Os PO‘nmq Comm.. vwn«aU,•2000nnwrcanPS ,QA•a cno onwn/1 0- \ e C sple4'moniton a h d •F roto ✓ . GJ 1 rr, E., 't ir E t .L i °,�I. ____-----1 •_. l ,.,,, i ,r t,..,, .......,7 , I, 1 ,, , . E , . ._ _ Old Trail Development Rowhouses, Crozet, Virginia i. L- r l'„„,,,'LA 1 11I i $ l - -11 1. 4 L L.- d. 11 i Old Trail Development Single-family House, Crozet, Virginia Birkdale Develoment Apartments/Condos, Huntersville, North Carolina P1 8 Commercial development may include Future neighborhood/village or town center. small and large scale buildings. Regardless A strategically appropriate place for a future of scale, buildings and sites should be neighborhood center should be provided designed so there is no need to separate to offer opportunities to live, work, shop, or screen them from residential uses. play, and interact in a neighborhood ...,„_ o..,. . , setting. a1 „ _ _.. L 111 I 1 T_ S Pt. I_ - t r - ' . .... i • N. ...,- -..k. rit„.,4,„ . „Air ar..... 14, __,Jo., , , .... , , • ._ ..1.:.i,----,,:-..,--:-. •' ;.. _ .,1 - I --firi., . mot,. Proposed Kroger Store Commercial Development, ..,. Cincinatti, Ohio •/' "3•' tr �'. � f s ' ' (' t ' '+� �- ' _c I �_ ,- 1 West Broad Village Apartments/Condos, Henrico County, Virginia The pictures above provide examples of various village/town centers appropriate P1 9 for the Evans Spring Development. Building/lot orientation should be Automobile parking. Structured parking for considered so back-of-house activities commercial or residential uses should be (e.g., trash collection, utilities, loading, considered to maximize the use of the land. delivery, and parking) occur in less Surface parking should be de-emphasized, conspicuous locations. broken up into small modules, placed behind or beside buildings, or other visually discreet areas, and well-shaded by large trees. Ill" Consider on-street parking in calculating the available supply. Aik 'El - - _ .i.._. t la Back-of-house activity zone, ■l Colonial Green, Roanoke, Virginia --- - i Squares, parks, and civic space may t be created as orienting features for development. In turn, buildings fronting on them should define their edges. Structured parking hidden behind residential uses fronting on the street, K Birkdale Village, North Carolina 440.,4„.* d- s. • e4 . . . -- t_1�-T,, .., , __ , , •..-.. Possible design alternatives for civic space in the Evans Spring Development. P20 Street Network and Design In both options, the street design can vary considerably to accom modate Perhaps the most highly voiced concern the topography and other engineering among citizens during the planning challenges. The Future Land Use/Street process has been increases in the volume Network Concept maps show measured and speed of traffic on their street. City lines of conceptual routes for both of these staff made it clear early in the process that options. It is important to note that these in order to be equitable to all residents, are not proposed routes, simply portrayals and to create the best street network that of how far the required distances are in will disperse traffic evenly, every existing relation to the site. These routes can be street must be considered as a potential curvilinear or may include a wide curve in connection. one direction or the other. Once a choice is Connection to the Valley View Boulevard made and this connection is completed to Interchange and New Street Network the interchange, a new street network can begin to unfold on this site. In addition to the fear of more traffic, understandably residents wanted to While planning staff acknowledges that know where new streets would be built. preference, Vision 2001-2020 and the At the time of the planning process, the Street Design Guidelines recommend only definitive factor in how the street improving connectivity as a means of network would be designed is VDOT's dispersing traffic. In order for traffic to flow regulations regarding connection to the smoothly and prevent one or two streets interchange. VDOT regulations mandate from taking on too much of the burden, it that one of two options is decided upon is imperative that streets are connected. for the street connection to the Rather than insisting that no streets are interchange: connected into their neighborhoods, staff suggested that residents become engaged 1. A street that extends in a ;`''' in the development process to advocate southwesterly direction from the that existing residential streets are not interchange pad. If this direction altered in a manner that will change their is chosen, there can be no other residential character. connection made to this new street fo at least 900 feet. Throughout the planning process City staff is has emphasized that all streets in the area 2. A street that extends in a could potentially be connected to. Since no one knows what specific development northwesterly direction from the plans may come forth in the future, the interchange pad, closer to Interstate best connections cannot accurately be 581. If this direction is chosen, there determined at this point. To be equitable can be no other connection made t• to all neighborhoods, connections must this new street for at least 1600 feet..- be considered to all of the existing streets around Evans Spring. The Future Land Use/Street Network Concept maps show P21 conceptual street networks. In both maps, there are connections that allow access traffic flow and provide options so that one or in all directions, and to the existing two streets are not overburdened. Potential arterial and collector streets in the connections include the extension of existing area; 10th Street, Hershberger and public dead-end streets. Andrews Roads. Connecting to all of these streets would disperse traffic and provide access to new development _11111111 at Evans Spring. Andrews Road is a possible connection to 10th Street, and Street Design Guidelines Ferncliff is a potential connection point to Hershberger. The Ramsey property ( � ,,n,,,. that is included in this plan lies just ;: Pi south of Ramp 1A off of Hershberger Road and is not contiguous to the rest of the Evans Spring land. A connection to the Ramsey property via Brooklyn Drive has been discussed as an option Street Design: New streets will be designed for a connection to the Ramsey property in accordance with the City's Street Design given its topography and proximity to Guidelines. Current streets should maintain Interstate 581. their basic design and character. All of these connections are conceptual ideas and have not been fully evaluated. The number and specific locations of such connections will likely be a gradual process that takes place over several -- years in phases, and will depend on a } what development is proposed. In the Varying Transportation Modes: Public end, some streets may remain as they transit, pedestrian and bicycle facilities are today, however all of these streets should be incorporated into the development. are candidates for connections in and out of Evans Spring. Street Design Principles Streets will be developed in Evans � T ® ice - Spring consistent with the City's Street Street Network: A new street connecting Design Guidelines. The following street to the completed Valley View Boulevard design principles are consistent with interchange will serve as the catalyst for Vision 2001-2020 and the Street Design future development. This connection will be a Guidelines. multilane arterial or collector street per the Street connectivity: All potential Street Design Guidelines. connections should be considered in any new development to improve P22 Improvements to Existing Streets:When new streets are connected to existing streets, there will be some increase in vehicular traffic. Many streets in the area surrounding Evans Spring were built to suburban standards (pavement only) which are today considered f substandard because they support only 40,': , vehicular mobility. Such streets should L _ ' , be upgraded to include curb, gutter, I--) sidewalk, street trees in grassed planting f �, 1 1 1 I ' i strips. Such improvements may also involve adjusting the pavement width and . - � � lonot- geometry of the street. The goal of these street improvements would be to provide - for a comfortable pedestrian experience Neighborhood street in Baxter Village, and design that would discourage vehicle Baxter Village, South Carolina speeds above the standard residential speed limit of 25 mph. Alleys or narrow lanes should be used to provide access for vehicles to driveways or garages in the rear of houses. Alleys may Local (neighborhood) Streets must be be private with access easements to allow carefully designed as public spaces for trash and recycling pickup. where vehicles travel at neighborhood- appropriate speeds. Ai NW mip i it i t� ,lt, '< .. r,. k - Or - Narrow lane/alley in Baxter Village, Baxter Village, South Carolina Neighborhood street in Birkdale Village, Birkdale, North Carolina P23 Land Use Patterns The Future Land Use/Street Network for the development of any number of land Concept maps will serve as the guide uses. The Future Land Use/Street Network for evaluating rezoning applications Concept maps cannot effectively settle such (development proposals). The maps debate, and cannot predict or determine the should not be read as definitive market. Rather, the Future Land Use/Street and precise with regards to specific Network Concept maps are a guide to land geographic boundaries, e.g. in the use decisions that will be referred to by the areas where mixed-use adjoins City, residents, and developers. While it can't residential, there is not a parcel line, be very specific, the planning process yielded natural landmark or other barrier that consensus on some fundamental principles serves as the dividing line between the that the maps are based upon: two uses. Rather, the maps allow for flexibility such that either use could be Fairview Lake Preservation Area: Residents incorporated more or less depending and Evans Spring property owners alike want on the circumstances. to see the lake restored and maintained as an attraction for the area. In addition, restoring Once it was established that something the lake may be beneficial as a means to will be developed on the land, the most address wetland, flood and stormwater important land use issue for nearby regulations. residents was how the edges of the Mixed-Use: Mixed-use is defined as an property are treated. For the Evans intermingling of residential and commercial Spring property owners, the most land uses. Concentrating commercial important issue was how to create an development on the land closest to economically viable development. To Interstate 581 , particularly any larger do so they would like to devote most of scale establishments will be beneficial to the land to commercial development. the businesses and to the neighborhoods. Residential development between Businesses will benefit from the visibility, the existing neighborhoods and any while the neighborhoods will have a greater commercial development was agreed distance from the commercial activity. At upon by the Evans Spring property the same time, residential units could be owners and nearby residents. However incorporated into this part of the development opinions on how that is done and how to create a sense of place and provide an much land should be devoted to it vary immediate market of consumers. A seamless widely. At the time of the planning development pattern should connect into process, the housing market was the existing neighborhoods harmoniously, starting to stabilize, yet loans are rather than a rigid separation of new and old not easy to obtain and an increasing development. number of people are renting across Residential: The areas designated as the country. At the same time, there are residential are intended not only to buffer the vacant, available commercial spaces existing neighborhoods from the commercial in the Roanoke Valley. Reasonable development to the north, but also to build arguments can be made that the current upon the strong sense of place and community economic climate is or isn't viable that already exists. New residential P24 development should be seen as a vital 2020 clearly states the role of mixed-use component of any new development, development as a vital part of place-making rather than simply a means of buffering and neighborhood building. The Future the neighborhoods from commercial Land Use/Street Network Concept maps development. provide a general guide to approximating the geographic distribution of land uses Specific percentages, locations or and accomplishing the goals. absolute numbers of residential versus commercial units cannot even be estimated at this time. Vision 2001- Apartments surrounding Single family houses small green to rear near creek I r ■ .�) s-� G . ,.++ 1 ). t o ,-.1-:r":---,;--12- M L�11.1Z s 'M _ <A`,-1411i.X-!4*-,‘„rp..,,r ..:- ' I",-) e- , , ,x-- kl-,— i I '�j(�.+y �/i. �( j��5�j� ,`l.l,j yy i A1�'Ii�� .i • - - '.iF T J 4!'--r ■�K„,J . "+� ` qty!° ' / 6 "` t4d. i~ t r die. F A ^�'r<^'r'-'--_._..-_. -", i ,71',' i�,l'li9 A .1„,,,i _ "� :.y"_.,.. ..., "�► .. C i '-f- lit ...e „. ....., --____ __ ,...,. .;„:, .,,. ._ _ . _ _ 1 . Park with new school Central "village Church/community center" shops institution on axis with with housing above main entry road This is an example of an illustrative concept from Vision 2001-2020, the City's Compre- hensive Plan. The area used to create the concept is at the intersection of Andrews Road and 19th Street, N.W. The concept shows how various land uses can be mixed in a small area while fitting the context of the existing neighborhoods surrounding it. P25 Development Process Valley View Boulevard it will be the basis for evaluating future Interchange Completion development proposals. The completion of the Valley View Currently, most of the property is zoned RA, Boulevard Interchange is slated to Residential Agricultural. As previously noted, begin in 201 3 and completed in 201 5. the proposed completion of the Valley View During the public planning process, Boulevard Interchange and subsequent ability many citizens asked about VDOT's to connect a street to it makes the Evans construction plans for the completion Spring land more developable. As the owners of the interchange. At the time of the of this property have expressed interest in planning process, specific details of developing it more intensely than current the construction were not available. zoning allows, a rezoning application and However, Planning staff shared all public hearing process will be required. This information available at the time. This will entail public hearings of the Planning included: Commission and City Council. The Planning Commission votes as a recommendation to • The proposed design and affected City Council, which then takes final action area on the application. The rezoning request(s) • The potential for sound walls will be evaluated on how well the request (which were later approved) addresses and is consistent with the Evans • The five properties VDOT was Spring Area Plan. acquiring During the planning process, citizens Future development of Evans Spring frequently asked when they would get to hinges largely on completion of see actual development plans. When the this interchange, and a subsequent development process moves forward, there street connection to it. Many citizens will be numerous occasions in which the understandably wanted to know where public will be presented with development it would connect, and how it would plans. look and function. There are no specific designs of any street connections at this point; however as previously noted this plan will guide the design of any future streets on the property. The Rezoning Process When a rezoning application is submitted to the City, planning staff evaluates its merits based on conformity with Vision 2001-2020, the City's comprehensive plan and the neighborhood plan for the area in question. Thus, as this plan will be the neighborhood plan for Evans Spring, P26 Implementation Actions The following action items should all be addressed in the development of a master plan and referred to prior to submission of any development proposals. In some cases, actions will be the responsibility of the City, or the City will assist therein. • Public Input: Development proposals • Lick Run Greenway: A design for the will be shared with the public as early as extension of this greenway will be required possible. Opportunities to comment will as part of a master plan. Easements or be made available to the public, not just dedication of rights-of-way to create the those living nearby. extension of this greenway will be required to implement such design. Preference will • Design Principles: The design be given to a route along Lick Run. principles included earlier in this plan will provide the basis for the design of future • Mixed-use development (commercial and development at Evans Spring. Designs in residential)is the best use of this land and any the master plan and site plans must be large commercial establishments should be consistent with these principles. close to Interstate 581 with minimal to no impact on existing residential areas. Land will be used efficiently by deliberately designating the use of all • Development will be integrated into the spaces—whether for buildings, parks, or existing neighborhoods without destroying preservation. Mixed-use development, the fabric of them. Current residents will; particularly the creation of residential 1)have access to it, and 2)not be adversely units above ground floor commercial impacted by it. units, is one of the best methods to maximize use of the land. • Historic and Cultural Resources: Areas with historic and cultural resources have Sound environmental stewardship been identified on limited portions of the will be used to develop Evans Spring with property. A Cultural Resources Survey should respect to its natural features, such as be considered in these identified areas and Lick Run. Development will respect and if conducted, should be in accordance with preserve the natural resources of the land the standards of the Virginia Department as much as possible. of Historic Resources' "Guidelines for Conducting Historic Resources Survey in • Wetlands, Creeks and Flood plains: Virginia" adopted in 2011 . All required state and federal permitting related to impacting wetlands, creeks and flood plains on the site must be acquired prior to approval of any site plan by the City. P27 Neighborhood Plan Creation Process Public Meetings Summer/fall 2011 -3 meetings Introduced process and Valley Vlew Boulevard Interchange Project, solicteedd input Staff xecutive Committee Research/ Summer 2012-5 meetings Plan eighborhood Leaders, Planning Commissio Development Process Development members& Evans Spring __ hborhood ---------____Pro ert Owner nei �iistory, Evans Spring demographics, Area Plan land use, adopted by transportation, - City Council current issues, public Meetings examples of g neighborhood mixed•use 2 meetings history developments October 16th&25th 2012 demographics Review of Draft Plan land use to currenranspt issuertation s � Refinement of Plan Construction of lev View Boulevard I—f Interchange by VOOT (estimated completion.701 5) Planning Commission 7 Public Hearing Winter 2012/Spring 2013 PC votes to recommend / Rezoning \` by landowners City Council Public Hearing C____ Winter 2012/Spring 2013 adopts as a component of Vision 2001-2020 _____� Review of Application Is request consistent with Zoning Ordinance, Comprehensive Plan,and Evans Spring Area Plan? I C________ manning Commission Public Hearing Public Notification Planning Commission makes recommendation to City Co I City Council Public Hearing Public notification City Council makes decision on rezoning P28 ---1--\. _, "--4...--. i •-• - • .. . 4440004,1_, 1,..` 48 gs r , lao, 8400,,,typi ' ■04Kuivo 0 1. (3. E./004104v / sr • ..„.., ....., „, . . • - .‘,•,...,.......,I. e. • FERNCUFF o0.„4 iik 4 VillaIrcir'N.4'' R, .3' '''•' -,,:'',_7 ',. . Street Network:Concept 1 TREMOnT 1 1111111,1111116 '''''?"‘ WM Arttnal SUCels e0 000 r/ SVVoliGrULL —Ctiectoe Steets 1 —local Street; COVE 4'9 Bodge IA v IWO 1.1 NO CrC); IIIIIIIIIIIIIIIIIIIIIIk SIASI Proposed Future Land Use r S,,,t4), ANDREWS Presavason l '' '' $1 Rinclimusi g i sisco,n—,,,,,,,, d,,,, Future Land Use/Street Network Concept # 1 eL F----L-, I ,S �'e � ,,E" '.uls I; FrR�K(rN � S�.i7: ��.J XrgK4K0 .. was. O M M E^°04v,EW -�0q o<Y4y 1111 XuX y,qY 4s- Xq,„ 0 40 '"'".. .1\ FERNCUFT ORD•ry Q III� g 5 ( . s Street Network:Concept 2 raeMONr m �c a.Mena)Stroe's(Reaued I600R) gpRn■OHr.L 6T —COrEtta$Veen 1iTN —fecal Streets :? snow to co q Ai Grp, W AAAYO __.Streams ; a... 9MER Ck9i Proposed Future Land Use = �'�,. ANDREWS Pte Senason P `� C •'04.4 Reside ma 1 a `�'j^.CommrrceI Mixed Use 44;1.47,,,,,,,,,4w 0 Future Land Use/Street Network Concept #2 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times PNREICNEARING ----+ NN110E -- CITY OF ROANOKE, PDV The Council or the City of Roanoke will hold a public PLANNING, BLDG. , DEV hearing on Monday,April 15,2013,at p.m.,or 215 CHURCH 166 as the matter may be heard,in the Council ROANOKE VA 24011 Chamber,fourth floor,In the Noel F Taylor Municipal Building, 215 Church Virginia,to consider Roanoke, REFERENCE: 80076514 mlaAn amendment te Vision 13276415 PUBLICHEARINGNOTICET I compsb2bi the City's comprehensive plan,to elude the Evans Spring State of Virginia area Plan Spcomponent.i City of Roanoke 130 acres`of vacaint land along the southern side of Interstate 581,bounded by I, (the undersigned) an authorized representative Hershberger oald tvthe of the Times-World Corporation, which corporation Boulevard interchange to the southeast,and the is publisher of the Roanoke Times, a daily Melrose-Rulhy Neighborhood to the south newspaper published in Roanoke, in the State of and southeast.Nineteen Virginia, do certify that the annexed notice was acres of thenalr of published in said newspapers on the following an the MVmbbe`rgger Road dates: interchangefopr Interstate 581.The plan establishes guiding price totere development:'des i gn streets, rtorbmtlwatter management faculties,and conservation; land use patterns, development City/County of Roanoke, Commonwealth/State of process , and Virginia. Sworn and subscribed before me this The plan calllstfornmixedsruse a of April 2013. Witness my hand and development f with a Y P Y diversity n ysp specific housing using official seal. with no sei gsp need. densities beingsdmntl. The amendment in Is gable for review m the Notary Public Roos 456,Noel City Clerk, �� Room Municipal wild C,Taylor Illi C Church Roanoke, t CM1Urch Ps{.SW,RWerest VA'. AU parties in Interest ana citizens may appear ss the date and be s heard oh the matter. Any .3 3 ..( P LA Y parson With a,alsp ecby .0 ..•••.•..�4'as requiring any special PUBLISHED ON: 03/29 04/05 ?QP...' OMB'? "•.;7i :, or ee Intmettrng N or should contact In U3-hearing Ciy p m : PUSUO hould contact the city _ Clerk's Office,at 853-2541, _ #7090930 v! - before before n on the * ' PMV EG.COM^N155tC'J =f thec hearing d awe.my' Et_ " this 26th day or March, ` . � ;A 333 3 . 20 Stephanie M. rgaon, a3:3104 EH .': QcC `∎C' MMC.City Clerk TOTAL COST: 572.88 r 113 2 7 6 4151 FILED ON: 04/15/13 + Authorized L/ A �� Signature: 6C �$ // e t' ( ^ , Billing Services Representative y ) kk'13 PUBLIC HEARING NOTICE The Council of the City of Roanoke will hold a public hearing on Monday, April 15, 2013, at 7:00 p.m., or as soon as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia, to consider the following: An amendment to Vision 2001-2020, the City's comprehensive plan, to include the Evans Spring Area Plan as a component. The Evans Spring Area comprises approximately 130 acres of vacant land along the southern side of Interstate 581, bounded by Hershberger Road to the northwest, the Valley View Boulevard interchange to the southeast, and the Melrose- Rugby Neighborhood to the south and southeast. Nineteen acres of noncontiguous land lies between the rear of several Aspen Street homes and the Hershberger Road interchange from Interstate 581. The plan establishes guiding principles and policies for future development; design principles for buildings, streets, storm water management facilities, and conservation; land use patterns, development process, and implementation actions. The plan calls for mixed use development with a diversity of housing types, with no specific housing densities being specified. The amendment is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Ave. SW, Roanoke, VA. All parties in interest and citizens may appear on the above date and be heard on the matter. Any person with a disability requiring any special accommodation to attend or participate in this hearing should contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 26th day of March , 2013. Stephanie M. Moon, MMC City Clerk Notice to Publisher: Publish once in the Roanoke Times on Friday, March 29 and Friday, April 5, 2013. Send affidavit to; Send Bill to: Stephanie M. Moon, MMC, City Clerk Rebecca Cockram 215 Church Avenue, S.W., Room 456 Planning and Building Development. Roanoke, VA 24011 215 Church Avenue, S. W., Room 166 (540) 853-2541 Roanoke, Virginia 24011 (540) 853-1730 April 15, 2013 TO: Roanoke City Mayor and Council From: Pete Johnson Jr, 540-314-3111, wjcahnsonjr@juno.com Copy: Mr. Frederick Gusler, Senior City Planner Mr. Bob Clement, Neighborhood Services Coordinator Mr. Chris Chittum, Director, Planning Department Mr. Chris Morrill, City Manager RE: EVANS SPRING ECONOMIC AND COMMUNITY DEVELOPMENT I. COMMUNITY DEVELOPMENT: Evans Spring and the adjacent neighborhoods are Roanoke City's great opportunity to achieve local abundance in food, energy, and other resources. H. DO IT OURSELVES: Local people working together can improve everything. All health and wealth has local origins. Vibrant communities create local abundance. There are numerous locally led highly successful community development successes in the U.S. and abroad, including The Ecovillages of Ithaca, NY; the Neighborhood Project in Binghamton, NY; the City, Block and Planet Repair efforts in Portland, OR: Food Forests in Philadelphia, PA: Shadowlake Village in Blacksburg, VA; and Radical Roots food forest farm near Harrisonburg, VA. Roanoke has a heritage of strong local communities and villages. Beginning in the 1950's we allowed many of our resources and enterprises to be outsourced and turned over to remote corporations. Now, the results are high inequality and increasing austerity. (For example: IRS data for 1966-2011 indicates that ninety (90!) percent of the lower wage earners have an average annual increase in purchasing power of$59 per year! This large segment of the population represents the foundations of social stability and economic production labor. The top ten percent have increased annual income of$116,070; the top one percent, $628,817; and the top one percent of one percent, $18,362,740 per year. This growing inequality is very hazardous and not sustainable.) We need to do more for ourselves locally. It is time to support neighborhood led local development. It is time to INSOURCE and enhance our considerable opportunities for attaining local abundance. It is a time for maximum cooperation among citizens, neighborhoods and Roanoke City staff. III. EVANS SPRINGS COMPREHENSIVE COMMUNITY AND ENVIRONMENTAL DEVELOPMENT PLANNING: There are many aspects and opportunities that require citizen and neighborhood workshops to explore, plan and implement. Such an effort would resemble a smaller version of the New Century Council. Some aspects are: *VISION AND PREPARATION: Workshops would be necessary for residents in the neighborhoods adjacent to the Evans Spring area and other interested parties to determine local needs and development visions and aspirations. Here are some components for achieving local abundance: *AGROFORESTRY: Creating local food forest. Food forests are perennial plants growing food with greater abundance, less labor, and less expensively than growing annual crops organically or by commercial agribusiness. They can exist in small and large areas. Food forests provide abundant local food for good health and food security. Annual food production is highly sensitivity to climate and catastrophic conditions, and they may not survive. Food forests have very strong infrastructures that resist destruction and abuse, and they continue to produce even if people aren't available to attend them. Philadelphia now has thirty-two food forests. Portland, OR has a food forest corridor being developed. *WATER SECURITY SYSTEMS: Agroforestry thrives on excellent water system management that captures and stores water in the ground where rains falls, and uses it for creating food abundance. Swales (temporary storage ponds) store water at buildings and open space where it falls, and channels it to larger swales and ponds to allow the overflow water to seep into the ground for later use by plants, animals and people. Thus,water is stored locally for security, droughts can be tolerated better, and floods are prevented or greatly reduced. It is hazardous to simply drain storm water away. This highly valuable resource is best stored locally in the ground, ponds, and other containers for use as needed. *LOCAL ENTERPRISE ABUNDANCE: Local agroforestry restores food to its rightful place as the foundation of the local community economy. This foundation of abundance and security allows existing and new economic and social enterprises to become stronger. Solar energy cooperatives and local work groups are making local solar energy affordable. *COHOUSING COMMUNITIES: Cohousing community developments are growing rapidly. The cohousing design method is useful for new housing on undeveloped land such as Shadowlake Village in Blacksburg, VA, and for greatly improving existing housing. Each participating buyer has their own private space, but share Commons of interior space for group gatherings and activities, and shared outdoor space for growing food, raising children, and so. *LOCAL FINANCIAL SECURITY: Community Land Trusts are a method to purchase local land and buildings, and there are other local investments methods to secure local wealth and guarantee local financial liquidity. Adjacent neighborhoods should have the opportunity to raise funds and acquire Evans Spring area land for local use. *COMMUNIVERSITY: This word has been in use for some time as a method of defining lifelong locally directed learning and educational activities for local citizens. It is very useful in times of change and for ongoing neighborhood renewal. *VILLAGE ENVIRONMENTS: We can establish more vibrant community and village developments in Roanoke City. Sprawl has led to the demise of our numerous villages of the past. Villages are being revived by cohousing and other methods of co-locating the work, play and other activities of our lives. *GLOBAL CLIMATE IMPACT: Villages reduce transportation needs and related costs and pollution. Agroforestry represents huge reductions in pollution and waste connected with agribusiness. IV. OUR CHOICE - LOCAL ABUNDANCE OR IMPOSED AUSTERITY? If we do not change present methods, we will experience increasing austerity. The outsourcing of resources and jobs is taking an increasing toll. Who would have imagined that our students would be indebted more that $1 trillion, even as we have achieved the greatest increase in societal wealth in history? Wealth concentration has created inequities that may not be reversible. Einstein and others have said that the systems and procedures, the conditions that caused the problems cannot solve or resolve the problems. Local community and environmental development makes it possible for local people to create abundance and improve qualities of life for all. The Evans Spring planning process can be strong beginnings for finding additional ways to further improve the lives of our residents, neighborhoods and City. Good evening, my name is Brenda Hale, and I am the president of the Roanoke Branch NAACP. Members of Council, I appreciate the opportunity to speak with you this evening about plans for Evans Spring. The NAACP believes in the promise of a bright future for the City of Roanoke, and we are committed to work creatively and constructively as partners with our city administration toward that end. Our faith in Roanoke's future is anchored in a vision of prosperity shared by ALL the members of our community. We recognize that people are Roanoke's primary resource to develop, and we know that minimum wage jobs that pay no benefits will never build wealth in Roanoke's minority community. We urge the Council and its members to support and promote development that grows green collar, white collar and career opportunities for our citizens. I want to share three thoughts with you this evening. The first regards an amendment that the Planning Commission approved on March 12, changing the description of the development at Evans Spring from, quote, "a mixed use neighborhood" to, quote, "a commercial/slash/mixed use neighborhood." Our concern is with the focus on commercial. We understand this is a preliminary plan and not a request to re-zone, but the plan you have before you either completely ignores or merely pays lip service to numerous important issues: environmental, including a still incomplete hydrologic study and the latest thinking on storm water management; historic; cultural; and educational. We ask the question, does Roanoke need yet another plan that emphasizes commercial development in the traditional sense? It seems we have enough commercial property sitting idly in the City. Second, if the development at Evans Spring ends up being predominantly commercial development with its typical minimum wage jobs and most of the financial benefit going to a few individuals and corporations, we think an apt description would be, "same old same old." Roanoke City has an opportunity at Evans Spring to lift up ALL the citizens of the city, in addition to the citizens of the northwest community, financially, educationally and culturally, by encouraging life-long learning via an education center and international botanical garden. The strategy the City appears to be pursuing misses a chance for Roanoke to do something creative as well as profitable, something which would earn the City recognition regionally and beyond. Third, in the Executive Summary of the Evans Spring Area Plan is a sentence which reads, "This plan gives City staff and the public a guidebook from which to evaluate future development proposals." This seems a simple enough statement, but it is worrisome in its lack of clarity. Does this remark reference ONLY future development at Evans Spring? Or does it reference future development city-wide? We think it is extremely important to have clarification on this point from Council. If there is no direct and specific answer forthcoming, if the plan is approved the sentence will mean whatever council wants it to mean. During the past few years the City of Roanoke has made significant progress when faced with several tough problems, based in large measure on creative and forward- thinking decision-making by its City Council. The NAACP trusts and expects that Council will apply the same sort of "outside the box thinking" to any plans for Evans Spring. Thank you Lick Run Watershed Association My name is Tom Cain. I live in Grandin Village. I am here representing the Lick Run Watershed Association, Inc. Roanoke has gotten this far into its history without an urban design. Consequently, the city doesn't visualize itself physically as an integrated whole-system of shared watershed ecosystems, related topography and physical development. Absent such comprehensive environmental context, the city continues to make some decisions— as in the pending case of Evans Spring — on an ad hoc, property-by-property basis. Countryside is considered separate from Evans Spring, is considered separate from 10th Street, is considered separate from Elm Avenue... Yet they each and all share the same Lick Run Watershed ecosystem, the same 1-581 transportation corridor, and they each impact neighborhood, downtown and railyard flooding. Generally, the council and administration wouldn't tolerate such a loose, disjointed process for fiscal planning. Do you still find it acceptable for physical planning? The opportunity to proact to avert water-quantity disasters — a crack in Roanoke's urban foundation well known from sad experience — has yet to be treated as meriting serious consideration. Thus, the crack remains. One day the complaint will come, 'Why didn't somebody do something when they could?" We are here this evening to ask our municipal leaders, why not us? And especially, why not now while the opportunity for temporary impoundment at Evans Spring during flood emergencies still exists? There is more than one way to develop a city. Prudence dictates that Roanoke explore all available options to apply its limited resources to solve real problems. Flooding is a real problem. Division of the city, North and South, is a real problem. Lack of economic opportunity in North Roanoke is a real problem. Sufficiency of municipal revenue is always a real problem. Need for more commercial space is not a real problem. The most common way to raise needed municipal tax revenue is to encourage commercial development. In the case of Evans Spring, council may choose that course even absent market demand or when contemplated changes in land use threaten to disrupt settled communities. But, does displacing commercial enterprise from one place to another, county to city, paving every greenfield and floodplain, count as desirable community development—or even sound public policy? There is an alternative way of developing Evans Spring that would build community wealth while preserving and enhancing environmental function. An internationally- themed nature reserve and botanic garden teaching the public how to live safely, healthily, prosperously and peacefully within nature's restorative capacity would be an answer to a global need. As a permanent educational institution creatively using the historic green pasture that is without destroying or compromising it, a botanic garden would create well-paid jobs with career potential in the heart of Roanoke's minority community while complimenting and enhancing existing neighborhood development patterns. Connected along the Lick Run Greenway to William Fleming and Countryside upstream and to the Higher Education Center, the Culinary Institute, downtown cultural institutions, Jefferson College, Virginia Tech Carillion Medical School and Research Institute downstream, a botanic garden could anchor a "Corridor for Life-Long Learning. Conceptual and programmatic linkages of the physical corridor to Virginia Western and to Patrick Henry and the Governors School along Murray Run Greenway would create a spine for future city urban growth and development. Roanoke is not operating under a time constraint. It has time to fairly evaluate every available option. It has time to arrive at optimum solutions to as many real problems as possible. ATRAIL OF ONE CITY A Corridor o li e-lo learning ..,,....- 7?...,,,,---,--':, ___....._ , / .. ----. .- ,, ... , Op, a� , e..........c* \ - \ IWPM FIEMIAI(s' ,1 . N 1� ^I •,\/ - \L. PlG1.4 5C-MCCk— - , -• •4•14 ■_ilt " .. . I iI. \c.tt4 l ��I A�, p,t L y .) ,`-c.c- ' .„-',`'-""t 1 :). :it:: ‘(..: .411111 . , '''s • .:',96.0.„ '', " , 2 . .,.. e., 1:43A140KT- • * .... Al : *'-.4t4:21-:.1( :111.1:N... ''.•-4,11".1.416-':.•,,ti'--' .-... 4473.: ...,. ., ::-'- t MAT ;i, /#r �,`�_� i S lot r "':,a _ ' . "-Cr;Hill.4 lI L !{Sy+:____ r ,- V ' ' '42' ``'." 'Ire ' limerres; .., .-,,,,,,,11:vitli."' . ' - ''''''. ', /fj' '41----'.P.4‘;a. 4811112161rjk 11400.4P'1:Cs4...."_:..;,..;.:)'■ 1:---' V":' •1". C:‘ .410. °. ' '" ' :P4''' '''.Arliti 4 Illmalor 4V' DOWNToWg• ` �� c�,. ill-4114 ROAN•KE °.1 ■a.di i • /fir. -- _- o' +_`` NQK� _ v VIR6INIH W£5TM . 7UCAlT • CAMMU N11%1 CNte6€ ? `` .7.01"..- ATRICK HENR ". �, ' •HIGH SCHOO-ti .a " ‘, , _ _, _.„..., ,,,,/ --..... ,,,,.; ,,,„,i,t\, , , ,,, , , bi i„. . i . .•,,, , . , ,„ . , .......... IN -,. . - ,,,, VA TECH CARILION SCHOOL OF MEDICINE &RESEARCH INSTITUTE COMMITTEE VACANCIES/REAPPOINTMENTS April 15, 2013 VACANCIES: Expiration of the three-year term of office of Anthony M. Reed as a member of the Fair Housing Board ending March 31, 2013. Unexpired term of Adam Boitnott as a member of the Parks and Recreation Advisory Board ending March 31, 2014. FERRIS ROANOKE CITY COUNCIL RECESSED SESSION APRIL 25, 2013 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order— Roll Call. All present. Vice-Mayor Rosen arrived late (7:02 p.m.) 2. Invocation. Council Member Sherman P. Lea. 3. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. 4. Welcome and Statement of Purpose. Mayor Bowers. The Mayor advised that tonight's public hearings will be televised live and replayed on RVTV Channel 3 on Friday, April 26 at 7:00 p.m., and Sunday, April 28 at 4:00 p.m. He further advised that the purpose of the recessed meeting tonight is to conduct two public hearings: (1) the Proposed Recommended Budget for the City for Fiscal Year 2013-2014; and (2) the 2013-2014 HUD fund. The Proposed Recommended Budget for FY2013-2014 will be adopted at a special meeting of the Council on Monday, May 13 at 2:00 p.m., in the Council Chamber. There will be no discussion or action taken by the Council tonight. 5. Public Hearings: a. Recommended Fiscal Year 2013-2014 City of Roanoke Budget. 22 speakers appeared before the Council and spoke on the budget. b. Recommended 2013-2014 HUD Funding. No speakers appeared before the Council. 6. Adjourn — 8:32 p.m. 1 NOTICE OF PUBLIC HEARING The Roanoke Times CITY OF ROANOKE Roanoke, Virginia RECOMMENDED Affidavit of Publication 2013-14 BUDGET Pursuant to Section 15.2-2506. Code of The Roanoke Times amnia pain, as amended. notice is given that on Thursday-April 25, 013 at 7 C pm..or as soar thereafter as the matter may he hoar.Roanoke City Myna will mold a special moeti lg in Cy Council Chamber-Kral C.Taylor Municipal Building.215 Church Avenue SW Reanone, CITY OF ROANOKE-CITY CLERK Vrglma tor the purpose of coming a pi do Municipal Bldg Rm 456 hewing on the recommended 2313-w City Budget. All persons dill be afforded Roanoke VA 24011 an opportunity tO speak and state their views ransoming all asked:of the idiom - within such reasonable time limits as wall 0o established by City Gouucil. Written Reference- 10162983 ccmnlerts of interested citizens also will 13295787 be received by the City Clerk at any time prior to Me nearing. State of Virginia It you are a aerson with a disability who needs ascOmmadaeons In this P City of Roanoke anng please contact tea i;lty 01w k's Oigce.833-2541.by 10:00 a m.Monday I, (the undersigned) an authorized representative April 22,2013. of the Times-World Corporation, which corporation Complete copies el the !eecmmended is publisher of the Roanoke Times, a daily midget will be available m' public newspaper published in Roanoke, in the State of Inspection at the Cm Clerk's Office Room 456 and the City Managers Office.Room Virginia, do certify that the annexed notice was 364,located in the Neel C.Taylor Municipal published in said newspapers on the following unlding. 215 Church Avenue kW. aid the Main Public Library bunco at 706 S. dates: JaCersen Street Roanoke Trio recommended budge'!; summarized as follows. REVENUE ESTIMATES. City/County of Roanoke, Commonwealth/State of General FUnn: Virginia. Sworn & subscribed before me this 5r Baal Prnreri1eaes 1n,.;aa YCd 301hday of April 2013. Witness my hand ask doll Taxes 5i 1s yee.rlm as L34 ill. and o cialseal ,dn[.firerues to I be M ,i Pr 11,ti Wilk II. Notary Public gs r I 1554. ar,E1Aki •NOTARY , 2 Proprietary minas: PUBLISHED ON: 04/18 - PUBLIC = b1�,.,e;nos * : REG.#7090930 * E cFar,r,:-r i, MY COMMISSION = n,'Li PI E,s : 4. [ a O; C IV t Iseq Le irl- TOTAL COST: 6l8'-T V 4��s�` f loo 4/11/ “F Vary FILED ON 4/30/2013',„,E A OF a` rt [ yf _ School Fund'. 1] LP] Authorized �yv'° m r- mil Signature: // , Billing Sr RECOMMENDED EXPENDITURES. General Fund: Gmema 2C'13i'- te.ann RC : +wd0we ease S 51 ..es PVUSYUrIU:e [qr iveGlh '4.[Fs -0epartnadd d u3ide1nen:es :421 iv fey c!L9":F]] variu nun in NN NOTICE OF PUBLIC HEARING CITY OF ROANOKE RECOMMENDED 2013-14 BUDGET Pursuant to Section 15.2-2506, Code of Virginia (1950), as amended, notice is hereby given that on Thursday, April 25, 2013 at 7:00 p.m., or as soon thereafter as the matter may be heard, Roanoke City Council will hold a special meeting in City Council Chamber, Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia, for the purpose of holding a public hearing on the recommended 2013-14 City Budget. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of the budget within such reasonable time limits as shall be established by City Council. Written comments of interested citizens also will be received by the City Clerk at any time prior to the hearing. If you are a person with a disability who needs accommodations for this public hearing, please contact the City Clerk's Office, 853-2541, by 10:00 a.m., Monday, April 22, 2013. Complete copies of the recommended budget will be available for public inspection at the City Clerk's Office, Room 456, and the City Manager's Office, Room 364, located in the Noel C.Taylor Municipal Building, 215 Church Avenue, SW, and the Main Public Library located at 706 S. Jefferson Street, Roanoke. The recommended budget is summarized as follows: REVENUE ESTIMATES: General Fund: General Property Taxes 105,388,000 Other Local Taxes 74,518,000 Permits, Fees & Licenses 1,034,000 Fines and Forfeitures 1,592,000 Revenue from Use/Money & Property 214,000 Intergovernmental Revenue — State/Federal 65,722,000 Charges for Current Services 11,015,000 Miscellaneous Revenue 550,000 TOTAL - GENERAL FUND $260,033,000 Proprietary Funds: • Enterprise Funds: Civic Facilities Fund $ 4,610.473 Parking Fund $ 3.299306 • Internal Service Funds: Fleet Management Fund $ 6.274 647 School Fund: General Fund $170.000.000 Food Services Fund $7,500,000 Athletics Fund $1.750,000 RECOMMENDED EXPENDITURES: General Fund: Economy $ 2,011,374 Education 75,998,345 Good Government 15,606,594 Human Services 34,657,244 Infrastructure 20,495,200 Livability 14,726,349 Non-Departmental 29,192,827 Outside Agencies 4,429,195 Safety 62,915,872 TOTAL - GENERAL FUND $260,033,000 Proprietary Funds: • Enterprise Funds: Civic Facilities Fund $ 4,610.473 Parking Fund $ 3,299.306 • Internal Service Funds: Fleet Management Fund $ 6,274,647 Risk Management Fund $ 15,344.238 Technology Fund $ 6.148.285 School Fund: General Fund $170,000,000 Food Services Fund $7,500,000 NOTE TO PUBLISHER: Please publish in full once on Thursday, April 18, 2013 in The Roanoke Times. This advertisement should NOT be included in the Legal advertisement area. Proof copy requested. Send to: Lesha VanBuren Administrative Assistant III Lesha.VanBuren@roanokeva.gov 215 Church Avenue, S. W., Room 357 Roanoke, VA 24011 Phone 853-6800 The ad size should be 1 column x 13.5". Please send publisher's affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S.W., Room 456 Roanoke, VA 24011 Please send bill to: Lesha VanBuren Administrative Assistant Ill 215 Church Avenue, S. W., Room 357 Roanoke, VA 24011 Address to Roanoke City Council Public Meeting Jack Frankel, President, Roanoke Master Gardeners Association April 25, 2013 Good Evening Mayor, City Manager and Council Members. Thank you for the opportunity to speak on behalf of the Virginia Cooperative Extension Roanoke Horticultural Help Desk. My name is Jack Frankel and I am presently the President of the Roanoke Master Gardener Association. I would like to address the importance of the service provided by the Master Gardener Help Desk, first, by briefly explaining what it is we do. Located at the Brambleton Center, the Help Desk office is open and available to both phone calls and walk-ins, providing information and assistance with all aspects of horticulture, 5 days a week. Typically people will inquire about a whole array of questions and problems regarding lawns, perennials, food gardens, general landscape, etc. Master Gardener volunteers, who have been trained to answer and assist with these issues, have the direct support of the full time Horticultural Technician who is a trained professional. At this point we have at our disposal seasoned gardener volunteers and their experience, an extensive library of horticultural materials, a professional Horticulturist and the resources of the horticultural departments of Virginia Tech. All of this is available to the citizens of the greater Roanoke City and Valley, free of charge (with the exceptions of nominal fees for soil tests). In considering the value of such a service, normally you would weigh the total cost against the total result and then decide if the investment is worth the benefit. That would be a normal objective approach. The problem I see with such an approach is the fact that there are subjective benefits which defy quantifying in the usual way. How do you calculate the benefits of increased personal sustainability through food gardening? How do you calculate the benefit to our earth by the responsible recommended use of chemicals on lawns and landscapes? How do you calculate the benefits garnered by the beautification of the landscape of our homes or calculate the benefits of increased sense of community through community gardens? Did you know the educational aspect of the Roanoke Community Garden Association is provided by Roanoke Master Gardeners?These are all benefits attributable to the current work done by Master Gardeners and supported directly by the Horticultural Technician. Without the assistance of the Hort. Tech this may look like a very different picture. I propose that the benefits of the VCE Help Desk and Master Gardeners be considered "Quality of Life" benefits, as surely pointed out above. We live in a beautiful area with many natural amenities; cultural, educational and recreational opportunities representing a "buffet" of Quality of Life choices. Do we really want to eliminate anything more from that buffet? The Roanoke Master Gardeners had a booth at the Earth Day festivities this past Saturday. I was present from set up through noon. In that time I had spoken with over 40 people about a wide variety of gardening topics. I was only one of 4 volunteers covering the booth in shifts throughout the day (9 volunteers in total). I do not have the totals calculated yet, but a guess would put us in the neighborhood of 450 people spoken to and many hundreds of pages of garden information and free seeds distributed. Shortly before leaving I heard the Mayor making an Earth Day declaration. I was caught up in the festive mood and activities and thought to myself how lucky to be in an area with such a sense of pride and camaraderie. Another non-quantifiable recognition of quality of life is the Greenway. I believe the Roanoke River Greenway is a huge attraction to our area. The number of people I see using it on a daily basis and the sense of community developing around it leaves no doubt about its benefit to our area. I have health issues that preclude me from using it at this time, but I am thrilled it is here. I feel the exact same way about the Master Gardener Help Desk, Horticultural Technician position, and all of the valuable work that the Master Gardeners do in this community. Considering those other aspects of Master Gardener activities, such as the Speakers Bureau (which conducts educational talks for many local civic groups), supervision and education of numerous local school garden projects, and consultation services to private and public organizations valley wide, in calendar year 2012 there was a total of 6704 volunteer hours given to these efforts. I do believe that is a number with an impact worthy of continued support. Everyone may not be able to use the services provided by Master Gardeners and the Horticultural Technician, but those who do, are sure glad it is here. Isn't it a wonderful thing to know you have a horticultural service program available to consult and educate your citizenry, to help them help themselves and do our part in the greening of Roanoke? 1 GOOD EVENING. MR. MAYOR, MEMBERS OF THE CITY COUNCIL, CITY OFFICIALS AND GUESTS I AM DR. MARY SOUDER, A HOMEOWNER IN THE CITY OF ROANOKE, AND ONE OF 26 MASTER FOOD VOLUNTEERS WITH THE ROANOKE COOPERATIVE EXTENSION OFFICE OF VA TECH. THE MFV PROGRAM IS NOW IN ITS SECOND YEAR. WHAT I GET FROM MY VOLUNTEER EXPEREINCE IS THE OPPORTUNITY TO SHARE MY SKILLS, THE JOY OF MEETING PEOPLE AND MAKING NEW FRIENDS, AND THE KNOWLEDGE THAT I HELP EMPOWER OTHERS FOR HEALTHIER LIVING WHAT ROANOKE GETS FROM THE MFV PROGRAM ARE A HEALTHER COMMUNITIY AND STRONGER NEIGHBORHOODS. WHO ARE ROANOKE'S 26 MFVS: 2 • WE ARE PHYSICANS, NURSES AND HEALTH CARE PROFESSIONALS - ACTIVE AND RETIRED TEACHERS FROM THE ROANOKE CITY PUBLIC SCHOOL SYSTEM, RETIRED CONSULTANTS, EXECUTIVES, AND PEOPLE WHO CARE DEEPLY ABOUT COMMUNITY, LOCAL FOOD SUPPLY, ECONOMIC VIABILITY AND QUALITY OF LIFE • WE ARE EXTENSIVELY TRAINED IN NUTRITION, FOOD SAFETY AND PHYSICAL ACTIVITY BY THE EXPERTS FROM COOPERATIVE EXTENSION AND VA TECH- IN CONJUNCTION WITH THE SMALL BUT PROFESSIONAL STAFF IN THE ROANOKE OFFICE. . . • WE WORK AT THE NEIGHBORHOOD LEVEL, GENERATING 1,000S OF HOURS 3 OF PERSON TO PERSON CONTACT TO INFORM EDUCATE AND EMPOWER • WE PARTNER WITH SCHOOLS, LIBRARIES, CHURCHES, BUSINESSES, THE FOOD BANK, COMMUNITY GARDENS AND OTHER COMMUNITY GROUPS. MY HUSBAND AND I WERE ATTRACTED TO ROANOKE BY THE SAME QUALITY OF LIFE THAT CONTINUE TO ATTRACT OTHERS; ALL ACROSS THE COUNTRY, COMMUNITIES ARE TRYING TO GET WHAT WE HAVE. COMMITMENT TO GREEN LIVING, PERSONAL AND COMMUNITY GARDENS, HEALTH AND NUTRITION ACTION. . . .ALL AREAS IN WHICH COOPERATIVE EXTENSION IS A VALUED PARTNER FAILURE TO FULLY FUND THE ROANOKE EXTENSION OFFICE ULTIMATELY DIMINISHES THE QUALITY OF LIFE THAT MAKES ROANOKE A LEADER AS A LIVABLE COMMUNITY. IT THREATENS: 4 • A GROWING VOLUNTEER EFFORT • IN SCHOOL HEALTH AND PHYSICAL EDUCATION • TRAINING FOR LOW INCOME HOUSEHOLDS NUTRITONAL RISK • SERVICES TO NOVICE GARDENERS WHO ARE GROWING FOOD FOR BETTER NUTRITION AND BUDGET CONSTRAINTS MOREOVER, EXTENSION IS A POWERFUL TOOL FOR STRENGHTENING COMMUNITY IN A DIGITAL AGE. I URGE YOU TO FULLY FUND THE ROANOKE EXTENSION OFFICE, THEIR STAFF and THEIR VOLUNTEERS WHO DAILY SUSTAIN COMMUNITY LIFE, AND THE MANY PARENTS, FAMILIES, GARDENERS, HEALTH WORKERS, TEACHERS AND STUDENTS WHO RELY ON THE TRAINING AND SPIRIT OF ROANOKE'S MOST ACTIVE AND CONTINUING VOLUNTEER PROGRAM Thursday, April 25, 2013 My name is Reverend Stan Wright, I am the pastor of South Roanoke United Methodist Church and I have been a Master Gardener for 20 years. I received my original training in Franklin County back in 1993 and since that time have moved and lived in many different parts of the state, including Richmond, Alexandria and Hampton. Upon moving to Roanoke in 2009, I immediately re- associated myself with the on-going programs of VCE and in particular Master Gardeners. In all my years with Master Gardeners I have never found a more energetic and informed group than I do right here in Roanoke. Through the agency we now have thousands of volunteer hours generated for the purpose of education and support within the Agricultural and Horticultural communities. We have in excess of 4800 calls to our Help Line from citizens within our area. In my opinion, this is a vital service to the community and one that I would hate to see un-funded. Personally, I have gleaned much knowledge from our monthly meetings and through my volunteer experience. Last summer for example, I assisted with the youth program in the Hurt Park Community Garden. Mrs. Carol Haynes, the Nutrition Outreach instructor was in charge of instructing and supervising the youth in horticulture at the West End Center. We were helping them with their own garden plot aided by Miss Barbara Leach, our Horticultural Technician. What a thrill to help young folks "get excited" about horticulture by watching their own produce grow. Without this program supported by VCE and our current technician who works closely with local garden groups, many youth would not have this experience. Though many volunteer hours go into Master Gardening programs we need the continued support and encouragement of an actual technician in order to be as successful as we are. I trust your wisdom and insights into this valued program will direct you to continue to support and fund the program. Thank you so very much. L. Stanley Wright, Jr. Virginia Cooperative Extension T L A partnership of Virginia Tech and Virginia State University VirginiaTech T' College of Agriculture and Life Sciences It- - Southwest District Extension Office P.O.Box 1955 Abingdon,VA 24212-1955 (276)619-4330 Fax:(276)619-4332 E-mail.dpeek@vt.edu www.ext.vt.edu/district/southwestiindex.html Virginia Cooperative Extension Return on Investment to City of Roanoke - FY 2014 Roanoke City Investment Salary and Fringe Budget $66,562 Office Space Custodial 8,400 Total 74,962 Direct Return on Investment Roanoke City Extension salaries paid by VT 233,754 Roanoke City Extension fringes paid by VT 82,031 Specialist and Administrative Salaries paid by VT(pro-rated to Roanoke City) 80,824 Specialist and Administrative Fringes paid by VT 26,268 Direct Operating Budget Allocated to Roanoke City VCE 15,500 VT Support of W.E. Skelton 4H Center 12,000 VT operational support for IT and Mobile Phones 20,016 Professional Development Costs from VT Funds 7,600 Local Agency Funds 79,166 SNAP-ed Grant support for Nutrition Education (Roanoke Portion) 18,500 575,659 Off Campus Indirect Cost Rate at 23% -Waived for local governments in VCE 132,402 Value of Volunteer Hours 408,817 Total Support Provided by Virginia Tech and Virginia Cooperative Extension $1,116,878 For each$1 invested by the City of Roanoke,VCE return on that investment is $16.78 www.extvt.edu Extension is a joint program of Virginia Tech,Virginia State University,the U.S. Department of Agriculture,and state and local governments. Virginia Cooperative Extension programs and employment are open to all,regardless of race,color,national ongin,sex,religion,age.disability, political beliefs,sexual orientation,or marital or family status. An equal opportunity/affirmative action employer. SPEAKING BEFORE CITY COUNCIL WITH REAL ESTATE INVESTORS GROUP April 25, 2013 MR. MAYOR AND MEMBERS OF CITY COUNCIL MY LATE FATHER, WHO DIED 23 YEARS AGO WAS A SUCCESSFUL BUSINESSMAN IN ROANOKE FOR OVER 60 YEARS. HE WAS MY MENTOR IN VARIOUS AREAS OF MY LIFE, ONE OF WHICH WAS FINANCES. I WOULD LIKE TO SHARE WITH YOU TWO OF HIS FAVORITE SAYINGS: FIRST -- " A LITTLE LEAK WILL SINK A BIG SHIP " I RETURNED TO ROANOKE ALMOST 50 YEARS AGO AND HAVE FOLLOWED THE FINANCIAL ACTIONS OF ROANOKE CITY COUNCIL DURING THAT PERIOD OF TIME. IT SEEMS TO ME THAT THE LEAK HAS GROWN TO A LARGE HOLE WITHIN THE GOOD SHIP ROANOKE. OUR POPULATION HAS NOT GROWN AND OUR TAX BASE HAS DECLINED. AND IN THE LIGHT OF THESE TWO REALITIES AND THE PRESENT ECONOMIC CRISIS WHAT WILL BE THE ULTIMATE OUTCOME? SECONDLY -- " YOU CAN TELL IF A MAN WILL BE SUCCESSFUL OR NOT" HOW? "IS HE ABLE TO SAVE MONEY". THIS IS GOOD ADVICE FOR AN INDIVIDUAL, A CITY, A STATE AND ESPECIALLY OUR FEDERAL GOVERNMENT. WE AS A NATION OWE $ 17 TRILLION DOLLARS EACH OF US OWES OVER $ 53,000.00 of that debt. MY FAMILY WHICH NOW NUMBERS 22 PERSONS OWE THE FEDERAL GOVERNMENT $ 1, 166,000. DOLLARS. AS YOU KNOW NATIONS SUCH AS GREECE, SPAIN, FRANCE AND OTHERS ARE ON THE BRINK OF BANKRUPTCY. WITHIN THE UNITED STATES WE HAVE STATES WHICH ARE ALSO ON THE BRINK OF BANKRUPTCY SUCH AS CALIFORNIA, NEW YORKAND OTHERS. WE CAN ALSO INCLUDE), MANY LARGE CITIES SUCH AS DETROIT, SAN FRANSICO AND OTHERS. HOWEVER, THERE ARE CITIES THE SIZE OF ROANOKE THAT ARE ALSO ON THAT BRINK OF INSOLVENCY. WILL WE BE ONE OF THESE CITIES IN THE FUTURE. I TRUST NOT!!!! YOUR JOB ON CITY COUNCIL IS NOT AN EASY ONE. YOU CAN BE COMPARED TO THE CEO'S OF A MULTIMILLION DOLLAR CORPORATION . YOUR DECISIONS DO MAKE A DIFFERENCE FOR GENERATIONS TO COME. SO YOU NEED THE FINANCIAL INSIGHTS OF A WARREN BUFFET, THE TOUGHNESS OF A DONALD TRUMP, THE VISION OF A BILL GATES AND THE WISDOM OF SOLOMON TO GUIDE AND LEAD OUR CITY THROUGH THE MINE FIELDS OF TODAYS ECONOMIC CRISIS. WE WILL BE PRAYING THAT YOU WILL RECEIVE THESE VALUABLE INSIGHTS SO OUR BELOVED CITY CAN GROW AND PROSPER. THANK YOU /4 Mayor, City Council members and City Manager; I am Bert Boyd and reside at 2508 Round Top Rd. NW. I would like to ask you to reconsider the proposed reduction in the City's budget that would reduce the funding again of the Virginia Cooperative Extension. As an advocate for better use our green-space, home gardening, educating and assisting the public on the methods of growing better plants and eating healthier,the proposed reduction would have a negative impact on the mission of the Virginia Cooperative Extension services. My personal involvement with the Extension services is through the Master Gardener program. Ordinary citizens volunteer their services after 8 weeks of training and 50 hours of volunteering their expertise to others on: environmental horticulture, youth gardening,the value of landscaping, food and nutrition and, most importantly, health and quality of life. These Master Gardeners touch the lives of many of Roanoke citizens through the community gardens and 4-H clubs and many other services. People of all ages and many ethnicities are supported by the Master Gardeners' programs and publications. A Help Desk for call-in questions is manned by Master Gardeners every day to take calls about horticulture and food nutrition. During this time of growth in the City,our citizens and communities need the support of our City officials to help send the message that our natural resources and the beauty of our City is supported by our City officials. Replacing our landscape with hotels and restaurants are not the only signs of a healthy city. Our personal gardens and green spaces add value to our properties and the importance of home grown fruits and vegetable encourage a healthier life style and sense of well-being. Restoring the budget of the Virginia Cooperative Extension services is a small price to pay for the huge return that it can bring to the City. A new community garden, a child's interest in growing crops and eating better are just a few of the benefits our City and our world would realize with the Council's strong support for our environment. Please restore the proposed reduction of$17,695.00 to the Virginia Cooperative Extension program. � rt f r`la. e 15 Jordan _l,vcat s_cancd I (-Lon - 00. Sn10 (JJ )fl-feCr- Henry 1-4 c ) SChc. L h S S bind s_o - wh/4 + LulcY_ Sl) _Cs l.'Uvl= Ci, _. Cc1 P ttiL� k nry_ KLGVV SC w ( Lcre icy:e bawl been arwcivc?GI vu 1-f -4 and -Wnk -extension it -1 cc_8, year 1nukve hetn c ,ven yJcunl' C >per t. et,e +-hft ch L11-I becctus e O+' !L. r Iuccc {<X+en Sion . , !c5+ So nn.k cif '+vkC (x`rr ±'ui es � e ve- d -_ LeacuLk-;v„Lp col Ls - CEC c ,t,?erost. kg) l_iI1S (TAJO iic SpecA ;v c Lpp< rs H CcH) to nary in ctri nzond Uvle curQ bci4H sere vin—C,T i y+er)5A-11. LeCrGtC C h (c uns', I +11 C _ pibinCH-eS e *eoS,u n events c.na I'.-Qepc _ti2L I)LbI C Y(0;11/U2 cl uF Piu 16.1 cc,-f) c e1 nvercec�_- bx-v, 61i/ eeci cfcLLc tlPI '1cu1c;c C 1 Served CvS 4)v'-& si PtRs:c+-c;et ct,nel luuise 1/4_1 See✓ec4 cts TWve 4tty l,vc hcrtve-bott∎ ('eCtiVec9 (_ 'parQ yeu CwjeU c*S aksioccu `1h cut ceG (C�����1J-+2 rJS S �l� Sc1 �ie w c r r C S-1 f pI,Y v�F51C>ancrtlt� F1s you CC aCll Lk)e cure butt) extr'ei),uct �) invc' -ec bt -s _ SG t,,-)Q COL 1/47 Y'C' � , a fir-S±--hand_ +kcc aces#_ Our Aricez @ Qx-i-e_nSLuR hots- Qn our L0,nrn..ILELI ±may ,n• n %0� yu '1'Yi2..ncicctOs Can CIO- .nvolc,t-oL-,n 4-14.2_ -`1N v_otun&er n • _and KLS_Can „join ctAhs_ and_ o tL _ — ,�I ,, feI IC as—tNhu ccenaut—c,F ' v_5 2 ccpm p , 5 Whkre_i f starts PoL' — a Iti+ uF vc ;i\ctu i.nr�_ LlncL_sev_ano{ 1_ __ ■ Eve-ni ie9_ I 1IS ec er_lostutcdno-I - i I hay e ea cLif__ . �'�'I `L� - e+ nston one/ Ila+_ (?t'uvec� 4_S �ti,+2� �,.e -�lSi L,A.2C1C- c'if' t1fu__ —2)(,t.r 414 (it/4p _f1S IA Kaye le LcmJt. I mcria_ involved jvz havt__Iecar<<id nbwlj e ✓nCsny 4xie{_tts c,r_ yci -evi-ens ell ° rc,v ,dAs blest/is us tf,uz. eippar+unihes CQ 1 ii has cgiren it Vs as �c.�.._t-h10n?1 R[Lltei I Lk CtTC inG, Cv +train_q L helve ,se " �Ica �accompt � I oYV e -1-0' -`1N cta of _ `'-Z _mbfc&tS_°LnCA Sic IIS i1 11CtS -Oug V{- _- I r viu_ 1 even LLAJQ rmh Acc-eeRtance. -+e, lig ut ,0. I -re co beCdvse 1 ec s;lywLu+t c2t,ik_3 It--WOvICt hP a 9/0umC +°_-Set' Cti 1n1GncierRLI pro t ram iosQ_ Fv nq beca_Qc€ s ' 1 how mG,ny 9lcves--it _c 1 cit^ an of -_ CucVlgqu31-N - -Mai)k ■iW l'7 Hello ) Atv-, YnVcAVea VV,A-\l H•1-F an,-1 the, e0-toc--,■(-m tit Al 1�F o Pl '\ i �f 1�j tl r , �Tv , r+ zli- 1mD 10-11)r -1= r vh L T ,: r. tip ic S ,� L_� n r,� > r� i z o r nw "r1(\e., hid,; :r-“ 1 iti 25 t ct C ; . a A , v. � � _ C1 � to% - \ �t � , T,s Loo..)-0 have Jrxe,11 -s,S•'Y,ve _� , _ 1 JPn r.,RL1 V k C' wPVI n 1\^r-,SP , ,:3Incvv, ity 1 d •• • bEast Mental Health ISupportive Strength-Based SkiII Training April 25,2013 To Whom It May Concern: I am writing this letter to encourage and support the continued presence of Virginia Tech's Co-Operative • Extension Nutrition Program in our community. I work with a company that provides mental health support to severely mentally ill constituents in our community.The population we serve not only lives in poverty but struggles with many issues inhibiting stability in our community. Certainly,community based programs are critical to lessening the reliance of local hospitals to provide treatment that can easily be diverted saving thousands of dollars to the local economy per client. A large portion of our severely mentally ill population struggles with diabetes,morbid obesity and significantly poor nutrition. These conditions certainly exacerbate already significant symptoms of both mental illness and physical illness leading to unnecessary trips to our local hospitals for treatment. Our clients do not have access to needed nutritional support like that provided by this nutrition program and it is an invaluable service. Many of our clients seek out local food banks,food pantries and low cost groceries as their source of food. It is extremely challenging to maintain proper nutrition with these limitations.Teaching clients specific information about the correlation of nutrition to health and subsequently teaching specific ways to incorporate that nutritional information into their lifestyle and within their financial limitations is critical to their success. The lessons many of our clients have learned from this nutrition program are showing lasting change.These clients reference nutrition and diet far more often after going through the program than before. As a community professional, I recommend highly continued support of this service. Sincerely, Ryan T. Greene, PhD, LPC Ryan T. Greene, PhD, LPC Clinical Supervisor East Mental Health Services 3441 Brandon Avenue,SW Suite 100 Roanoke VA, 24018 (540)777-3935 rygreene @vt.edu 3441 Brandon Avenue,Suite 100 Roanoke,Virginia 24018 Phone: (540) 777-3935 FAX: (540) 777-3438 April 29, 2013 City of Roanoke: City Council Members Noel C. Taylor Municipal Building 215 Church Avenue Roanoke, VA 24011 Subject: Testimonial for Virginia Cooperative Extension Dear City Council Members: This testimonial is written to inform you of the exceptional role that Deb Chappell, Virginia Cooperative Extension Agent plays in delivering quality educational programs here in the Roanoke Valley area! When moving to the Roanoke Valley area in 2010, I was privileged to participate in a program— "Balanced Living with Diabetes", at the Anchor of Hope Community Center at High Street Baptist Church. The program was coordinated and executed by Deb Chappell, in partnership with Virginia Tech and Virginia State University, the National Institutes of Health, Carillon Clinic Diabetes Management Center, and the Center of Research in Health Behavior at Virginia Tech. "Balanced Living with Diabetes" was a well-executed quality educational program that provided valuable information to the community. I soon came to know that Virginia Cooperative Extension, and Deb Chappell specifically, delivery countless value-added educational programs in the Roanoke Valley area. Their programs provide up-to-date evidence-based information that allows participants to demonstrate "lessons-learned" as a result of practical--hands-on application of learning. I have also observed that Virginia Cooperative Extension representatives continue to support educational initiatives in the Roanoke Valley area to ensure that health promotion strategies are at the forefront of community initiatives. By so doing, educational literacy outcomes are improved and costs associated with common social issues in our community are minimized. I unconditionally recommend that the City of Roanoke continue the funding of Virginia Cooperative Extension to the highest level possible for the next fiscal year. Sincerely yours, Sandra P. Davis Sandra P. Davis, MBA, RN, CCM, PHR Community Health Promoter Program Coordinator Anchor of Hope Community Center _ „ Virginia Cooperative Extension Eileen Lepro to: 'mayor @roanokeva.gov' 04/25/2013 01:50 PM Dear Mayor Bowers, On behalf of New Horizons Healthcare, I'm writing to respectfully ask Roanoke City Council members to re-consider plans to reduce funding to Virginia Cooperative Extension by 24% for the next fiscal year. I understand that this will be part of the discussion during this evening's Council session. VCE has been an active partner with our health center,particularly in the area of food and nutrition education that assists our patients with more effectively managing their chronic disease (such as diabetes, hypertension, heart disease) and in getting well and staying well. VCE staff s expertise is a valuable component of our center's strategic plan for leveraging community resources to provide much needed individual and group education for our patients and the underserved population in our service area. If the programs and staff are reduced to the extent that we no longer have access to their services, this will leave a huge gap in unmet need among our clientele, who cannot afford to enroll in costly diabetes education or weight loss and nutrition programs. Since December, we have hosted a full time Extension nutrition educator who has worked with many of our patients as they adopt new eating behaviors and begin to take better care of their own health and that of their families. Our medical providers have come to rely on this educator and other VCE resources, such as Extension Agents and Master Food Volunteers, to reach out to those who need an extra helping hand to make needed changes. VCE staff are leading and/or influencing many of the community level wellness and health promotion initiatives in Roanoke and surrounding counties, and have established themselves as credible experts on these subjects. In terms of return on investment, I think that supporting VCE is a very smart investment, as they know how to successfully stretch very limited funding to achieve great results. I understand the difficult challenges you and other members face as you work to develop a balanced budget for the City of Roanoke. I hope that you will find alternative ways to reduce expenses or generate revenue, such that important and valued programs like Virginia Cooperative Extension can continue to deliver high quality, evidence based education to our patients and our target population. Thank you for considering this request. Sincerely yours, Eileen G. Lepro Eileen G. Lepro, MPH Chief Executive Officer New Horizons Healthcare 3716 Melrose Avenue,NW Roanoke, VA 24017 (540) 362-5158 Office (540) 362-1448 FAX el eleproCciinewhorizonshealtheare.org www.newhorizonshealthcare.org Find us on Facebook! Confidentiality Notice: This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or legally privileged information. This email does not constitute an e-signature and unless specifically stated, no intent to enter into a contract is implied. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Any unauthorized review,use, disclosure or distribution is prohibited. "4 Tonight's Budget Discussion tJ Ellen Brown to: david.bowers 04/25/201301:28PM court.rosen,bill.bestpilch, ray ferris,sherman.lea,anita.price, Cc: david.trinkle Thank you Mayor and Council for your dedication to our wonderful city. The many hours and commitment that you share, everyday, to make our city more special , is truly appreciated. I am writing this email to request that you not reduce funding for the VT Cooperative Extension Office services provided to Roanoke. Their request of $14, 962 will help support horticulture, 4-H and agricultural services to city citizens. As a citizen of the city of Roanoke, I have been a volunteer with the Extension Office through the Master Gardener program. I have seen first-hand how the efforts of the dedicated extension employees have taught hundreds of adults and children, how to care for and nurture and therefore utilize their environments. From the Horticultural Ilelpline, 4-H Gardens in our city schools for the children to Horticultural Therapy for our Senior Citizens; soil sample analysis instruction and crop choice for our urban gardens t.o Roanoke city's standing as a Tree City OSA...the Extension Office has been there to guide, manage and support. Roanoke is a beautiful and vibrant city because of the dedicated commitment of all. Any decrease in Extension's request for funding could mean that employees and/or programs will be lost. Please don' t let this happen. Thank you so very much for your time and attention. Sincerely, Ellen H. Brown National Arbor Day is Friday, April 26th. A very happy Arbor Day celebration took place at Wascna El ementary School April 19th. 'Thank you to everyone for your support elY NOTICE OF PUBLIC HEARING CITY OF ROANOKE RECOMMENDED 2013-2014 HUD FUNDS BUDGET AND ANNUAL UPDATE Pursuant to 24 CFR 91.105,notice is hereby given that on Thursday,April 25,2013,at 7:00 p.m.,or as soon thereafter as the matter may be heard,the City Council of Roanoke,Virginia,will meet in the City Council Chambers,4th Floor Noel C.Taylor Municipal Building,215 Church Avenue,S.W.,Roanoke,Virginia,for the purpose of holding a public hearing on the City's Recommended 2013-2014 HUD Funds Budget. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of the recommended budget within such reasonable time limits as shall be established by City Council. Written comments of interested persons will be received by the City Clerk at any time prior to the hearing. Complete copies of the Proposed 2013-2014 Annual Update of the 2010-2015 Consolidated Plan, which includes the recommended 2013-2014 HUD Funds Budget, are available for public inspection beginning Friday,April 12,2013,at the City Clerk's Office,Room 456 South,Noel C.Taylor Municipal Building,215 Church Avenue S.W.,Roanoke VA 24011 and the HUD Community Resources Division Office,Room 305 North,Noel C.Taylor Municipal Building,215 Church Avenue,S.W., Roanoke VA 24011;all City Library locations, including the Law Library at 315 Church Avenue S.W., Roanoke VA 24011; and the Roanoke Redevelopment and Housing Authority,2624 Salem Turnpike,NM,Roanoke VA 24017. The Annual Update is also available on the City's website at www.roanokeva.gov. Written comments will be accepted through Monday,May 13,2013 at 4:00 pm EDT at the HUD Community Resources Division,Room 305 North,Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke VA 24011 or email to Keith.Holland@roanokeva.gov. The Recommended 2013-2014 HUD Funds Budget is as follows: REVENUE ESTIMATES: CDBG 2013-2014 Entitlement Grant $1,249,381 CDBG 2013-2014 Program Income 450,000 CDBG Prior Year Carry-over and Excess Program Income 300,743 CDBG Local Funds 750 HOME 2013-2014 Entitlement Grant 352,500 HOME 2013-2014 Program Income 0 HOME Prior Year Carry-over and Excess Program Income 414,750 HOME Local Funds 25,000 ESG 2013-2014 Entitlement Grant 130,257 TOTAL HUD ESTIMATED REVENUE $2,923,381 RECOMMENDED EXPENDITURES: Housing Development $2,082,250 Neighborhood Development 83,997 Economic Development 0 Human Services(including Homeless assistance) 375,650 Planning and Administration 381.484 TOTAL RECOMMENDED EXPENDITURES $2,923,381 All who desire to speak at the public hearing should contact the City Clerk's office at (540) 853-2541. Individuals with a disability needing an accommodation should contact the City Clerk's office by 12:00 noon EDT on April 24, 2013. For further information about the meeting or to comment on or inquire about the Recommended 2013-2014 HUD Funds Budget, contact the HUD Community Resources Division at(540) 853-6404. Given under my hand this 12ih day of April 2012. Stephanie M. Moon, City Clerk. NOTE TO ROANOKE TIMES: Please publish this notice in the Roanoke Times for one day, April 12, 2013. Publish in full, block style. This notice may not appear in that portion of the newspaper reserved for legal notices and classified advertisements. For questions regarding this notice contact Keith Holland, Department of Planning, Building and Development, 853-6404. Send publisher's affidavit to: Stephanie M. Moon, City Clerk Room 456, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011-1536 Send bill to: Keith Holland Dept. of Planning, Building and Development HUD Community Resources Division Room 305 North, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 -1536