HomeMy WebLinkAboutCouncil Actions 06-20-16ROSEN
40541 - 062016
ROANOKE CITY COUNCIL
REGULAR SESSION
JUNE 20, 2016
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
MAYOR DAVID A. BOWERS CONVENED THE MEETING WITH A GAVEL
PRESENTED TO HIM AS PRESIDENT OF THE PATRICK HENRY HIGH SCHOOL
STUDENT GOVERNMENT ASSOCIATION, 1969 —1970.
1. Call to Order - -Roll Call.
The Invocation was delivered by The Reverend Carlton Wright, Associate
Pastor for Seniors and Pastoral Care, Shenandoah Baptist 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, June 23 at 7:00 p.m., and Saturday, June 25 at 4:00 p.m.; and video
streamed by Internetthrough CivicPlus, at roanokeva.gov /councilmeetings. 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.
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, CITY COUNCIL AGENDAS.
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 COMPLETE AN ONLINE APPLICATION.
THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR
THE FOLLOWING CURRENT VACANCIES AND /OR UPCOMING EXPIRATIONS
OF TERMS OF OFFICE:
BUILDING AND FIRE CODE OF APPEALS /AT -LARGE — TWO VACANCIES
UNEXPIRED TERM OF OFFICE ENDING JUNE 30, 2017
TERM OF OFFICE ENDING JUNE 30, 2018
ARCHITECTURAL REVIEW BOARD — ONE VACANCY
UNEXPIRED TERM OF OFFICE ENDING OCTOBER 1, 2016
CITY PLANNING COMMISSION — ONE VACANCY
UNEXPIRED TERM OF OFFICE ENDING DECEMBER 31, 2016
PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION - ONE
VACANCY
THREE -YEAR TERM OF OFFICE ENDING JUNE 30, 2019
ROANOKE VALLEY - ALLEGHANY REGIONAL COMMISSION -
ONE VACANCY
UNEXPIRED TERM OF OFFICE ENDING JUNE 30, 2018
WESTERN VIRGINIA WATER AUTHORITY
BOARD OF DIRECTORS — ONE VACANCY
FOUR -YEAR TERM OF OFFICE ENDING JUNE 30, 2020
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Recognition of Oakey's Funeral Service and Crematory 150" Anniversary Year.
Mayor Bowers presented the Key to the City to Sam Oakey and staff in
celebration of their 1501h Anniversary.
Recognition of the Department of Human /Social Services on receipt of the B Award
for Customer Service and Business Process Improvement.
Mayor Bowers recognized Jane Conlin, Director and staff and presented the
Innovation, Implementation and Impact (i3) Awards for Customer Service and
Process Improvement from the Virginia Department of Social Services.
A resolution paying tribute to the Honorable Courtney "Court" G. Rosen as Council
Member and former Vice -Mayor of the City of Roanoke.
Adopted Resolution No. 40542- 062016. (6.0, Council Member Rosen abstained
from voting). Vice-Mayor Trinkle presented a ceremonial resolution to Council
Member Rosen at the farewell reception held at Blue 5 Restaurant, White
Room located at 312 2 "d Street, S. W.
A resolution paying tribute to the Honorable David A. Bowers as Mayorof the Cityof
Roanoke.
Adopted Resolution No. 40541. 062016. (6 -0, Mayor Bowers abstained from
voting). Vice -Mayor Trinkle presented a ceremonial resolution to Mayor
Bowers at the farewell reception held at Blue 5 Restaurant, White Room
located at 312 2nd Street, S. W. .
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE
HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR
RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY
DEEM APPROPRIATE.
Bill Tanger, 257 Dancing Tree Lane, appeared before Council to discuss City
owned surplus property, Sun Valley Swim Club for use by the Blue Way
Committee. The matter was referred to the City Manager for response.
Chris Craft, 1501 East Gate Avenue, N. E., appeared before Council
expressing concern regarding a citation from the City requesting the removal
of a storage building located on City property adjacent to his residence. The
matter was referred to the City Manager for response.
4. CONSENT AGENDA:
(Approved 7 -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 AGENDAAND CONSIDERED SEPARATELY. The Mayor
called attention to one request for public hearing from the City Manager and
one request for a Closed Meeting from Council Member Lea, Chair, Roanoke
City Council Personnel Committee.
C -1 A communication from the City Manager requesting that Council schedule a
public hearing for Monday, July 18, 2016, at 7:00 p.m., or at such time thereafter as
the matter may be reached, or at such later date and time as the City Manager may
determine to consider the establishment of a new absentee voting precinct.
RECOMMENDED ACTION: Concurred in the request.
C -2 A communication from the City Clerk advising of the resignation of Mary
Dykstra as a memberof the Architectural Review Board, effective August 30, 2016.
RECOMMENDED ACTION: Accepted the resignation and received and
filed the communication.
C -3 Reports of qualification of Barbara A. Dameron as the City representative of
the Roanoke Valley Juvenile Detention Center Commission for a four -year term of
office ending June 30, 2020; and Terry King as the Public Safety representative of
the City of Roanoke Pension Plan, Board of Trustees for a two -year term of office
ending June 30, 2018.
RECOMMENDED ACTION: Received and filed.
A communication from Council Member Sherman P. Lea, Chair, City Council
Personnel Committee, requesting that Council convene in a Closed Meeting to
discuss a personnel matter, being the performance of a Council- Appointed Officer,
pursuant to Section 2.2- 3711(A)(1), Code of Virginia (1950), as amended. Council
concurred in the request.
REGULAR AGENDA:
5. PUBLIC HEARINGS:
a. Request of Harrison Elderly Apartments, LLC, to rezone property located at
523, 0, and 0 Harrison Avenue, N. W., from RM -1, Residential Mixed Density
District and ND, Neighborhood Design Overly District, to RM -F, Residential
Multifamily District and H -2, Historic Neighborhood Overlay District.
Evelyn A. Stone, Agent, Spokesperson.
Adopted Ordinance No. 40543 - 062016. (6 -0, Council Member Price
abstained from voting).
b. Request of Total Action Against Poverty in Roanoke Valley, trading as Total
Action for Progress, for exemption from taxation of real properties located at
1633 Salem Avenue, S. W., 702 and 624 Shenandoah Avenue, N. W.,
respectively, Annette Lewis, President, Spokesperson.
Adopted Ordinance No. 40544 - 062016. (7.0)
C. Receive citizen comments with regard to the proposed joinder of the City of
Salem to the Roanoke Valley Resource Authority, an approval and execution
of an Amended and Restated Articles of Incorporation of the Roanoke Valley
Resource Authority, and approval of an extension to its corporate existence
to January 1, 2066. Daniel D. Miles, Chief Executive Officer, Spokesperson.
Adopted Resolution Nos. 40545- 062016, 40546- 062016, and 40547-
062016. (7 -0)
d. Proposal of the City of Roanoke to authorize issuance of General Obligation
Public Improvement Bonds, in the principal amount not to exceed $28
million, to provide funding for various capital projects. Christopher P. Morrill,
City Manager.
Adopted Resolution No. 40548- 062016 and Budget Ordinance No.
40549. 062016. (7 -0)
6. PETITIONS AND COMMUNICATIONS: NONE.
7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY
MANAGER:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
Acceptance and appropriation of funds from the Virginia Department
of Social Services for the Southwest Virginia Regional Employment
Coalition to maintain existing services to the Temporary Assistance to
Needy Families (TANF) population.
Adopted Resolution No. 40550- 062016 and Budget Ordinance No.
40551 - 062016. (7 -0)
2. Acceptance and appropriation of additional funds in connection with
the Fiscal Year 2016 "Four- For — Life" payment for Emergency Medical
Services for training, supplies or other appropriate items.
Adopted Resolution 40552- 062016 and Budget Ordinance No.
40553- 062016. (7 -0)
Acceptance and appropriation of funds for the Fostering Futures
Program and Family Partnership meetings from the Virginia
Department of Social Services to help youth exiting from foster care to
be self- sufficient.
Adopted Resolution No. 40554. 062016 and Budget Ordinance No.
40555. 062016. (7 -0)
4. Acceptance of a Child Abuse and Neglect Prevention Program Grant
from the Virginia Department of Social Services to provide parenting
classes with an in -home component to parents of children 0 -5 years
of age identified by the Department of Social Services as at risk of
abusing and neglecting their children.
Adopted Resolution No. 40556-062016 and Budget Ordinance
No. 40557-062016. (7 -0)
5. Appropriation of funds in the connection with the Federal Asset
Forfeiture Sharing Program and the Department of Treasury Federal
Asset Sharing Program to allow for police officer training in a variety
of important specialties.
Adopted Budget Ordinance No. 40558-062016. (7 -0)
6. Appropriation of funds in connection with the State Asset Forfeiture
Sharing Program in order to acquire new and replacement equipment
for police officers.
Adopted Budget Ordinance No. 40559 - 062016. (7 -0)
7. Appropriation of funds for the implementation of an electronic
summons system in the Police Department.
Adopted Budget Ordinance No. 40560 - 062016. (7 -0)
8. Appropriation of funds in connection with Fiscal Year 2016 revenue
and expenditure adjustments.
Adopted Budget Ordinance No. 40561 - 062016. (7 -0)
9. Acquisition of real property rights in connection with the Graybill Road,
Stormwater Drainage Improvements Project.
Adopted Ordinance No. 40562-062016. (7 -0)
10. Execution of an agreement between the City of Roanoke and Carillon
Property Management, Inc., to allow use of parking spaces along the
fence on Evans Mill Road, S. W., behind 213 McClanahan Street,
S. W., as a shuttle drop -off point; and for the City to indemnify and
hold Carilion harmless from any and all liabilities arising out of the use
of its facilities in connection with the annual fireworks show at River's
Edge Sports Complex on July 4, 2016.
Adopted Resolution No. 40563. 062016. (6 -0, with Vice -Mayor
Trinkle abstaining).
11. Execution of a Deferral Agreement between the City of Roanoke and
South Commonwealth Partners, LLC, for deferral of certain
performance obligations pertaining to development, construction,
operation and maintenance in connection with the hotel atop the
Market Garage.
Adopted Ordinance No. 40564-062016. (7 -0)
12. Execution of Amendment No. 1 to the Performance Agreement
regarding the Operation Period Economic Development Grant among
the City of Roanoke, Economic Development Authority of the City of
Roanoke and South Commonwealth Partners, LLC, for operations
related activities associated with development at 25 Church
Avenue, S. W.
Adopted Ordinance No. 40565-062016. (7.0)
13. Amendment of the City Code to allow the transferof funds bythe City
Manager in any amount within and between funds, with the Directorof
Finance to report, on a quarterly basis, all transfers in excess of
$100,000.00 between funds within the Capital Project and Grant
Funds, respectively.
Adopted Ordinance No. 40566 - 062016. (6 -1, with Mayor Bowers
voting "no ")
14. Authorization to submit an application to the Department of Housing
and Urban Development, in conjunction with the Roanoke
Redevelopment and Housing Authority and Council of Community
Services with regard to the Choice Neighborhoods Implementation
Grant Program for the Loudon - Melrose /Shenandoah West
neighborhoods in the City.
Adopted Resolution No. 40567-062016. (7.0)
TWO ADDITIONAL ITEMS WERE ADDED FOR ACTION:
Execution of Amendment No. 2 to Ivy View, LLC Performance
Agreement.
Adopted Ordinance No. 40568- 062016. (7 -0)
Approval and execution of a Performance Agreement between the City
of Roanoke, City of Roanoke Economic Development Authority, HRP Ivy
View, LLC as assignee of Harbour Retail Partners Management, LLC for
the continued development of the Ivy Market project.
Adopted Ordinance No. 40569- 062016. (7 -0)
COMMENTS OF CITY MANAGER.
The City Manager offered the following comments:
FY17 Adopted Budget Document
Availability of the document to the public:
• The Department of Management and Budget will retain a hard copy of
the adopted budget document in their office.
• A hard copy will be made available for viewing by 5 p.m. this
afternoon in
• the City Clerk's Office
• the Main Library
• Immediately following today's City Council meeting, Managementand
Budget staff will send an email to Council Members with a link to the
document on the city's website.
• Following the notification to Council, the Office of Communications will
notify the public of the availability of the document on the homepage
of the city's website.
Summer Reading Program Kicks Off
Roanoke Public Libraries has kicked off their annual Summer Reading
Program, "On Your Mark, Get set... READ."
• A variety of activities will be held at different branch locations:
o Magic
o Theater
o Neighborhood Block Parties
o Paint Parties
o Yoga for Kids
o Soccer Exhibition
0 Family Foot Race
• Summer Reading also incorporates the Feed and Read program, in
collaboration with the YMCA.
• Kids and teens under 18 are invited to participate in this program,
which offers free food and books.
• Events will be held June 6 through August 12.
• More information is available at www.vmcaroanoke.org/summerfood
Parks and Arts Proaram
The first event of the summerwill be Saturday, June 25, at Golden Park from
noon to 3 p.m. Admission is free.
Performing Artists:
• The Moyer Brothers
• Taubman Museum of Art
• Opera Roanoke
• Mill Mountain Theatre
• SWVA Ballet
Visual Artists:
Art is Happening
• Hat & Prop Making
• Katherine Devine (banners for all ages)
City of Roanoke Fireworks
• July 4, River's Edge Sports Complex
• Patriotic music from Winds of the Blue Ridge starts at 8 p.m.
• Fireworks show begins at 9:30 p.m.
• This year's fireworks show is presented by the City of Roanoke, The
Roanoke Times, WFXR, and Downtown Roanoke, Inc.
• More information is available by calling Roanoke Parks and
Recreation offices at 853 -2236 or visiting
www.roanokeva.gov/firework .
b. CITY ATTORNEY:
Designating the Public Information Officer as the Freedom of
Information Act Officer for the City of Roanoke.
Adopted Resolution No. 40570-062016. (7 -0)
C. DIRECTOR OF FINANCE:
Amendment of the City Code to provide for the application of interest
at in connection with the City of Roanoke Pension Plan Member
Contributions and Interest on Member Contribution Accounts at a rate
of two percent annually effective July 1, 2017
Adopted Ordinance No. 40571-062016. (7.0)
10
2. Amendment of the City Code to provide for the City Manager's ex-
officio position to be replaced by the Assistant City Manager of
Operations, and provide that the Assistant City Manager of
Operations designate two members, neither of whom shall be the
Director of Finance to serve on the Deferred Compensation Board.
Adopted Ordinance No. 40572-062016. (7.0)
8. REPORTS OF COMMITTEES:
A report of the Roanoke City School Board requesting appropriation of
funds forvarious educational grant programs; and a report of the Directorof
Finance recommending that Council concur in the request. Donna
Caldwell, Director of Accounting, Spokesperson.
Adopted Budget Ordinance No. 40573. 062016. (7 -0)
b. A report of the Roanoke City School Board requesting amendment to the
2016 — 2017 Categorical Budget; and a report of the Director of Finance
recommending that Council concur in the request. Donna Caldwell,
Director of Accounting, Spokesperson.
Adopted Budget Ordinance No. 40574- 062016. (7 -0)
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS: NONE.
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and /or comments by the Mayor and Members of City Council.
Council Member Bestpitch expressed concern regarding Cox Cable TV
fees and referred the matter to administration and the Roanoke Valley
Cable Television Committee representative, Council Member Price, for
response back to Council.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
11
INASMUCH AS THERE IS NO BUSINESS TO COME BEFORE THE COUNCIL AT THE
7:00 P.M. SESSION, THE SESSION WAS CANCELLED.
PRIOR TO ADJOURNMENT, MAYOR BOWERS PASSED THE CITY COUNCIL GAVEL
TO MAYOR -ELECT SHERMAN P. LEA, SR. AND COUNCIL MEMBER PRICE
PRESENTS FLOWERS TO CLARA LEA, SPOUSE.
12. RECESSED - 4:44 P.M.
13. RECONVENED - 5:24 P.M.
CERTIFICATION FOR THE CLOSED SESSION. (7 -0)
Adopted Ordinance No. 40575- 062016 amending and reordaining Ordinance
No. 40501 - 050916 to amend the salary of the City Manager, Christopher P.
Morrill. (7 -0)
14. ADJOURNED -- 5:34 P.M.
12
CITY OF ROANOKE
OFFICE OF THE CITY CLF,RK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
0 'I d,,hone: (541))N53-2541
Fnx: 154111853 -1145
Sil 'll'FIANILNI.MOONRLVNOI.DS,MNI( 14anail: rhrkpn'nnnnkrv0'I'OC fT: ELIA F. NI('('OY
('Ih' Clerk 1) O (i., Clerk
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AseiltaW MIttil ('it, Clerk
June 23, 2016
Pastor Carlton Wright
Associate Pastor for Seniors and Pastoral Care
Shenandoah Baptist Church
6520 Williamson Road, N. W.
Roanoke, Virginia 24019
Dear Pastor Wright:
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, June 20, 2016.
It was a pleasure meeting you and look forward to having you return to deliver
invocations at future Council meetings.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
s (ATV —r
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of June, 2016.
No. 40541- 062016.
A RESOLUTIONpaying tribute to the Honorable David A. Bowers,
Mayor of the City of Roanoke, and expressing to him the appreciation of
the City and its people for his exemplary public service.
WHEREAS, Mr. Bowers was born in Cortland, New York, and
raised in Lexington, North Carolina, before he and his family moved to
Roanoke,
WHEREAS, Mr. Bowers graduated from Patrick Henry High
School in 1970, and earned a Bachelor of Arts degree, cum laude, in
English from Belmont Abbey College in Belmont, North Carolina in 1974,
and a Juris Doctor degree from Loyola University School of Law in New
Orleans, Louisiana in 1978;
WHEREAS, after graduation from law school, Mr. Bowers returned
to Roanoke where he has practiced law since 1978;
WHEREAS, in 1984, Mr. Bowers was first elected to Roanoke City:
Council and served two consecutive terms, after which he ran for the
office of Mayor and was elected to two consecutive terms, serving until
2000;
WHEREAS, after his initial terms of service as Mayor, Mr. Bowers
continued his law practice and furthered his education by earning a
Masters of Arts and Liberal Studies degree from Hollins University in
2006;
WHEREAS, Mr. Bowers was re- elected to the office of Mayor in
2008, and has served two consecutive terns;
WHEREAS, during Mr. Bowers' recent tenure as Mayor, Roanoke
City government is financially stable, having consistently balanced the
budget each year and improved its bond rating to AA+ over the last
several years, despite challenging national economic times;
WHEREAS, during Mr. Bowers' service as Mayor, the graduation
rate at Roanoke City Schools rose from 59% to 85 %, and the crime rate
continued to decline and is now the lowest in 47 years;
WHEREAS, as the result of Mr. Bowers' leadership and support,
Roanoke has been recognized by the Virginia Municipal League as a
leading environmental city in Virginia, and consistently won national
awards;
WHEREAS, during his tenure, Mr. Bowers led the initiative to
compete for the National Civic League's All - America City Award with
Roanoke's Star City Reads Program and its Community Solutions Action
Plan; and, in 2011, had the honor of representing Roanoke, along with
city staff, at the National Civic League Conference in Denver, Colorado, to
accept the award making Roanoke the only six time All - America City,
WHEREAS, Mr. Bowers committed to the return of passenger rail
service to Roanoke in his 2013 State of the City address and successfully
worked with city administration and the regional legislative delegation to
persuade Governor Bob McDonnell and the General Assembly to return
an Amtrak passenger rail connector service to Roanoke;
WHEREAS, in his capacity as Mayor, Mr. Bowers served as an Ex-
Offecio member on all committees, including the Legislative Committee
and the Personnel Committee of the Roanoke City Council,
WHEREAS, throughout his career as a Member of Council, Mr.
Bowers served in several public positions, including President of Greater
Roanoke Transit Company; Council Representative on the Roanoke
Valley - Alleghany Regional Commission; and member of the Board of
Directors of the National Civic League,
WHEREAS, Mr. Bowers also serves his community in several
organizations and associations including membership as a parishioner of
Saint Andrews Catholic Church,-former President of the Ancient Order of
Hibernian; member of the Knights of Columbus, 4th Degree, Chairman
of the Roanoke Democratic Committee (1983); member of the Kiwanis
Club of Roanoke since 1982; co-founder of Rebuilding
Together /Christmas in April, former Director of the Roanoke Bar
Association; and member of the Appalachian Trail Club, Roanoke Sister
Cities, and Riverh:nd/Walnut Hill Neighborhood Association; and
WHEREAS, throughout his public career, Mr. Bowers has
demonstrated unfailing commitment to the Star City of the South and its
citizens.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. Council adopts this Resolution as a means of recognizing and
commending the many services rendered to the City of Roanoke and its
people by the Honorable David A. Bowers.
2. The City Clerk is directed to forward an attested copy of this
Resolution to the Honorable David A. Bowers.
APPROVE
ATTEST: �,� p
Stephanie Mo Rey Ids, MMC avid B. Trinkle
City Clerk Vice -Mayor
IN THE COUNCIL OF THE, CITY OF ROANOKE, VIRGINIA
The 20th day of June, 2016.
No. 40542- 062016.
A RESOLUTION paying tribute to the Honorable Courtney "Court" G. Rosen,
and expressing to him the appreciation of the City and its people for his exemplary public
service.
WHEREAS, Mr. Rosen was raised in Oil City, Pennsylvania and was educated at
Vanderbilt University, Nashville, Tennessee, where he received a Bachelor of Science
degree, magna cum laude, in Human and Organizational Development;
WHEREAS, following his graduation from Vanderbilt University, Mr. Rosen
moved to Arlington, Virginia, where he worked on Capitol Hill for Congressman Bob
Clement of Tennessee and for Senator Evan Bayh of Indiana;
WHEREAS, after a few years of living the fast -paced life in Northern Virginia,
Mr. Rosen and his wife, Brooke, moved to Roanoke to be closer to her family;
WHEREAS, Mr. Rosen worked as a real estate investor and a partner in the
residential real estate development company Walnut Creek Development Group, and is
currently working with Chas. Lansford Sons & Associates;
WHEREAS, having been elected to City Council in May 2008, Mr. Rosen has
served as a member of City Council since July 1, 2008, including a two year term as Vice
Mayor;
WHEREAS, Mr. Rosen led the initiative to support funding for Roanoke City
Public Schools during the recession of 2010 and respond to reductions in fimding
imposed by the Commonwealth, by increasing the meals tax by 2 %, effective from July
1, 2010 until June 30, 2012, and which initiative, supported by the City-wide Eat For
Education Campaign, generated $9.5 million in additional revenues for Roanoke City
Public Schools;
WIFFREAS, during his tenure on City Council, Mr. Rosen has served as Chair of
the Legislative Committee, as Chair of the Audit Committee, and as a member of the
Personnel Committee, as a City Representative on the Virginia Municipal League's
Finance and Economic Development Policy Committees, Council Representative on the
Board of Directors for Total Action Against Poverty in Roanoke Valley operating as
Total Action for Progress (TAP), Council Liaison on the Roanoke Redevelopment and
Housing Authority, City Representative on the Roanoke Valley Alleghany Regional
Commission, City Representative on the Board of Board of Directors, First Regional
Industrial Facility Authority, and City Representative on the New River Valley
Commerce Park Participation Committee;
WHEREAS, Mr. Rosen's substantial public service also includes his service as a
member of the Commonwealth Transportation Board and working with local and state
legislators to support the creation of the future I -73 Corridor for the expansion of
economic development in the Southwest Virginia region; and
WHEREAS, Mr. Rosen has been actively involved in his community serving as a
member of the Downtown Roanoke Kiwanis Club; the New River Valley Homebuilders
Association; the Board of Directors for Business Seed Capital, Inc.; and Member of New
VA Connects, Monks, and Montgomery County Chamber of Commerce.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
Council adopts this Resolution as a means of recognizing and
commending the many services rendered to the City of Roanoke and its people by the
Honorable Courtney G. Rosen.
2. The City Clerk is directed to forward an attested copy oFthis Resolution to
the I- lonorable Courtney G. Rosen.
ATTEST:
t4� L
City Clerk. -
�3 fLeGrrn� ���Fize�
Chris Craft Inquiry to City Council at June 20, 2016 Meeting
Brian Townsend to: Council Plus 07/11/201606:13 PM
Cc: Dan Webb, Chris Chiltum
Mayor Lea and City Council Members.
Citizen Chris Craft of 1501 East Gate Avenue, NE appeared before City Council on June 20th to discuss a
utility building /shed which was located by him previously on an adjacent unimproved public right -of -way.
Upon review of the matter, we have checked all of our records related to this property. We found that
there is no record indicating any city approval for the placement of this shed on this public right -of -way, no
permit application was submitted at the time, none was ever reviewed, and no resulting approval was ever
granted. There is no indication in our records of any explicit or tacit approval by any city agent or
representative regarding the placement of this structure in this location on the public right -of -way adjacent
to Mr. Craft's property. In May of this year, in response to an inquiry/complaint by a citizen, code
enforcement staff investigated the complaint and confirmed that the shed was located within the public
right -of -way without approval by the City or the issuance of a permit, and directed Mr. Craft to remove the
shed from the public right -of -way. The request to relocate the shed /structure onto private property was
complied with on or before June 1, 2016.
Please let me know if you have any questions. Thank you.
Brian Townsend
Assistant City Manager for Community Development
City of Roanoke
(540) 553 -2333
ImCITY COUNCIL AGENDA REPORT
MW
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: Request to Schedule a Public Hearing to Consider Establishing a
New Central Absentee Voter Precinct (CM16- 00082)
Background:
On February 1, 2016, the City of Roanoke entered into a lease agreement
(Lease) with A &M Enterprises, L.P. to relocate the Office of the General Registrar
to 317 Kimball Avenue, NE. Renovation activities were then conducted to suit
the needs of the General Registrar. Pursuant to the terms of the Lease, the
General Registrar cannot relocate its offices or establish a new central absentee
voter precinct without approval of City Council in accordance with applicable
law.
On June 1, 2016, the tenant upfit was completed and rent payments
commenced.
Relocating the office of the General Registrar will require establishing a new
central absentee voter precinct. Sections 24.2 -306 and 24.2 -712, Code of
Virginia (1950), as amended, require City Council to conduct a public hearing
before relocation of the central absentee voter precinct can occur.
After conducting a public hearing, City Council will be required to adopt an
ordinance authorizing the new precinct location.
Recommended Action:
Authorize the City Clerk to schedule and advertise a public hearing on the
proposed relocation of the central absentee voter precinct to be held on July 18,
2016 at 7:00 p.m., or as soon thereafter as the matter may be reached, or such
other date and time as deemed appropriate by the City Manager.
---- _d1]a¢ wl.14LO ------
FA Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
Barbara A. Dameron, Director of Finance
Michael B. Shockley, Director of General Services /Sustainability
Andrew Cochran, General Registrar
d�
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 95Y2541
Fnr: (540)853 -1145
STEPIIANIE M. MOON REYNOLDS, MMC
EnWh elark @a rammkeva.gnv CECEL A F. MCCOV
City Clerk
Depnry City Clerk
June 21, 2016
Mary V. Dykstra
1917 Greenwood Road, S. W.
Roanoke, Virginia 24015
Dear Ms. Dykstra:
CECELIA T. W EBB, CMC
Assistant Depnly City Clerk
Your communication advising of your resignation as a member of the Architectural
Review Board, effective August 30, 2016, was before the Council of the City of Roanoke
at a regular meeting, which was held on Monday, June 20, 2016.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Architectural Review Board
from October 23, 2008 to August 30, 2016. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
service.
Sincerely,
+y0) k {2 ha /dv
Stephanie M. Moon Retnolds, C
City Clerk
Enclosure
c: Tina Carr, Secretary, Architectural Review Board
CERTIFICATE OF APPRECIATION
PRESENTED TO
MARY V. DYKSTRA
AS A MEMBER OF THE
ARCHITECTURAL REVIEW BOARD
FROM OCTOBER 23, 2008
TO AUGUST 30, 2016
ON THIS 21ST DAY OF JUNE , 2016
IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE
FAITHFULLY RENDERED TO THE CITY OF ROANOKE
APPROVED: ATTEST:
��rMAMMr k+- r�h'1
DAVID A. BOWERS STEPHANIE M. MOON REYNOL S, MMC
MAYOR CITY CLERK
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fax: (540)853 -1145
SIEPIlA61EWNICIONEEYNOLDS,MM(. E-mail: derkaroanokeva.gov
City Clerk
June 20, 2016
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. N'EBB, CMC
AW,otnt Deputy City Clerk
This is to advise that Mary Dykstra has tendered her resignation as a member of the
Architectural Review Board, effective August 30, 2016.
Sincerely,
Stephanie M. Moon Reynolds, MM
City Clerk
June 21, 2016
Alan Hullette, Superintendent
Roanoke Valley Juvenile Detention Center Commission
498 Coyner Springs Road, N. E.
Roanoke, Virginia 24012
Dear Mr. Hullette,
This is to advise you that Barbara A. Dameron has qualified as a member (City
representative) of the Roanoke Valley Juvenile Detention Center Commission for a four -
year term of office ending June 30, 2020.
Sincerely,
Stephanie M. Moon R ynolds, MC
City Clerk
CITY OF ROANOKE
GO
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
'telephone: (540)x53-2541
fur: (540) 953 -1145
5'I EPHANIC M. MOON REYNOLDS, MMC
E -mail: E,k(nlrannnkevn.,,
CEC'E,LIA f.MCCOV
Cltp Clerk
Deputy City Clerk
CECELIA T. W EBB, CMC
Assistant Deputy City Clerk
June 21, 2016
Alan Hullette, Superintendent
Roanoke Valley Juvenile Detention Center Commission
498 Coyner Springs Road, N. E.
Roanoke, Virginia 24012
Dear Mr. Hullette,
This is to advise you that Barbara A. Dameron has qualified as a member (City
representative) of the Roanoke Valley Juvenile Detention Center Commission for a four -
year term of office ending June 30, 2020.
Sincerely,
Stephanie M. Moon R ynolds, MC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Barbara A. Dameron, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as the City representative of the Roanoke Valley Juvenile Detention
Center Commission for a four -year term of office ending June 30, 2020, according to the
best of my ability. (So help me God.)
The foregoing oath of office was taken, sworn to, and subscribed before me by
�r&Barbara A. Dameron thisy o 2016.
Brenda S. lamilton, Clerk of t Circuit Court
i
By iCl rk
CECELIA C WEBB, CMC
Assistant Deputy City Clerk
June 21, 2016
Barbara A. Dameron, Secretary
City of Roanoke Pension Plan, Board of Trustees
Roanoke, Virginia
Dear Barbara:
This is to advise you that Terry King has qualified as the Public Safety representative of
the City of Roanoke Pension Plan, Board of Trustees for a two -year term of office
ending June 30, 2018.
Sincerely,
Stephanie M. Moon Reynolds, M
City Clerk
TY OF ROANOKE
eCIe
OFFICE OF THE CITY CLERK
215 Chm'ch Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fnx: (5411)X5 31145
S'IEPDANIE M. MOON BEYNOLD.S, MMC
E-mail: el el,60aunokeea, v CE.CELIA F. MCCOY
City Clerk
Deputy City Clerk
CECELIA C WEBB, CMC
Assistant Deputy City Clerk
June 21, 2016
Barbara A. Dameron, Secretary
City of Roanoke Pension Plan, Board of Trustees
Roanoke, Virginia
Dear Barbara:
This is to advise you that Terry King has qualified as the Public Safety representative of
the City of Roanoke Pension Plan, Board of Trustees for a two -year term of office
ending June 30, 2018.
Sincerely,
Stephanie M. Moon Reynolds, M
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Terry King, do solemnly swear (or affirm) that I will support the Constitution of
the United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as the Public Safety representative of the City of Roanoke Pension Plan, Board of
Trustees for a two -year term of office ending June 30, 2018, according to the best of my
ability. (So help me God.)
l
The foregoi /�/j oath of office was taken, sworn to, and subscribed before me by Terry
King this'`! day of IA;YI 2016.
Brenda S. Hamilton, Clerk of the Circuit Court
�i
CITY OF ROANOKE
CITYCOUNCIL
215 Church Avenue, S.W.
Noel C. Taylor Murn psl Building. Suite 456
Roanoke, Virginia 24011 -1536
Telephone (5401 853- -2541
DAN ID A. BOW RS Fax: (540) 853 -1145
1leynr
June 20, 2016
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Council Members
William D. Bestpitch
Raphael E. 'Ray" Ferris
Sherman P_ Lea
Anita J. Price
Court G. Rosen
David B. Trinklc
I wish to request that Council convene in a closed meeting to discuss a personnel matter,
being the performance of a Council- Appointed Officer, pursuantto Section 2.2 -3711 (A)(1),
Code of Virginia (1950), as amended.
Sincerely,
_
�`^^� A.
Sherman P. Lea, Chair
City Council Personnel Committee
SPL:ctw
Q)
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Awnne, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fnn: (540)853 -1145
Ur mail: cierkLroanokeva.eov
June 22, 2016
Evelyn A. Slone
Director of Community Planning
Hill Studio
120 Campbell Avenue, S. W.
Roanoke, Virginia 24011
Dear Ms. Slone:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. W EBB, CIVIC
Assistant Deputy City Clerk
I am enclosing copy of Ordinance No. 40543 - 062016 rezoning certain property located
at 523, 0 (zero), and 0 (zero) Harrison Avenue, N.W., from RM -1, Residential Mixed
Density District, with an ND, Neighborhood Design Overlay, to RMF, Residential
Multifamily District, with an H -2, Historic Neighborhood Overlay, as set forth in the
Zoning Amendment Amended Application No. 1 dated May 20, 2016.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 20, 2016, and is in full force and effect upon its
passage.
Sincerely,
�Y)
Stephanie M. Moon Reynolds, C
City Clerk
Enclosure
c: Greg Jones, Harrison Elderly Apartments, LLC, 5920 Odell Street, Suite 201,
Cumming, Georgia 30040
Janis E. Waller, 506 Harrison Avenue, N. W., Roanoke, Virginia 24016
Harrison School, 2400 North Commerce Parkway, Suite 105, Weston, Florida
33326
Vincent Board, 3808 Sioux Ridge Road, N. W., Roanoke, Virginia 24017
Patrick Caesar, 1034 East Main Street, Nanticoke, Pennsylvania 18346
Evelyn A. Slone
June 22, 2016
Page 2
c: Greenfield Real Estate, Inc., 816 Franklin Road, S. W., Roanoke, Virginia 24016
Andre' Peery, 508 Rutherford Avenue, N. W., Roanoke, Virginia 24016
Grace Carolyn Stone, 506 Rutherford Avenue, N. W., Roanoke, Virginia 24016
Cheryl Dent, 504 Rutherford Avenue, N. W., Roanoke, Virginia 24016
Trustees of the High Street Baptist Church, 2302 Florida Avenue, N. W.,
Roanoke, Virginia 24017
William W. Taborn, Jr., 5732 Winterleaf Drive, Richmond, Virginia 23234
Robert Irving, 2327 Delaware Avenue, N. W., Roanoke, Virginia 24017
Denise Lindsey, 522 Harrison Avenue, N. W., Roanoke, Virginia 24016
Algado Holdings, LLC, 512 McDonald Drive, Vinton, Virginia 24179
Charles A. Mason, III, 7780 Millfield Drive, Warrenton, Virginia 20187
Brenda A. Whorley, 3841 Wilmont Avenue, N. W., Roanoke, Virginia 24017
Charles A. Price, Jr., President, Harrison Museum of African American Culture,
One Market Square, Roanoke, Virginia 24011
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Ian Shaw, Planning Commission Agent
Susan S. Lower, Director, Real Estate Valuation
Philip Schirmer, City Engineer
Tina Carr, Secretary, City Planning Commission
5
u�
IN'I'I Ili COl INCII, OF 'I I IR (TIY OF ROANOKI:, VIR(IINIA
llle 20th day of .lone, 2o16.
No. 40543- 062016.
AN ORDINANCH to rezone certain properly located Ell 523, 0 (rcro), and 0 (i,cro)
Ilan'ison AVemle, N.W., four RM -I, Residential Mixed Density District,. with an ND,
Neighborhood Design Oveiiay District, to RMF, Residential Multifamily District, with
an If I lisonic Neighborhood Overlay District; and dispensing with the second reading
of this ordinance by title.
WHEREAS, Greg Jones, on behalf of Harrison FIderly Apartments, LLC, has
made application to the Council of the Cily of Roanoke, Virginia ( "City Council "), to
have the property located at 523, 0 (zero), and 0 (zero) I- larrison Avenue, N.W., bearing
Official Tax Map Nos. 2121763, 2121764 and 2121765, respectively, rezoned from RM-
I, Residential Mixed Density District, with an ND, Neighborhood Design Overlay
District, to RMF, Residential Multifamily District, with an 11-2, Historic Neighborhood
Overlay District;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to City
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on Tune 20, 2016, after due and timely notice thereof as required by §36.2 -540,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest
and citizens were given an opportunity to be heard, both for and against the proposed
rezoning; and
WIINWAS, this Council, after considering the aforesaid application, the
reconnncndatiun made to City Council by the planning Commission, the City's
Cornprchensive Plan, and the matters presented at the public hearing, finds that the public
necessily, convenience, general welfare and good zoning practice, require the rezoning of
the subject property, and for those reasons, is of the opinion that the hereinafter described
property should be rezoned as herein provided.
'THEREFORE, BP; IF by the Council of the City of Roanoke that:
I. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official 'Tax Map Nos. 2121763, 2121764 and
2121765, located at 523, 0 (zero), and 0 (zero) Harrison Avenue, N.W., respectively, be
and is hereby rezoned from RM -1, Residential Mixed Density District, with an ND,
Neighborhood Design Overlay District, to RMF, Residential Multifamily District, with
an H -2, Historic Neighborhood Overlay District, as set froth in the Zoning Amendment
Amended Application No. I dated May 20, 2016.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading ofthis ordinance by title is hereby dispensed with.
ATTEST:
r
�.
City Cleric
SD Harrison - Rezone wiilmw pmfr,1,41 Joa
STATEMENT OF CONFLICT OF INTEREST
1, Anita James Price, state that I have a personal interest in agenda item 5 a.
regarding the request of Harrison Elderly Apartments, LLC, to rezone property
located at 523, 0, and 0 Harrison Avenue, N.W.1from RM -1, Residential Mixed
Density District, and ND, Neighborhood Design Overlay District, to RM -F,
Residential Multifamily District and H -2, Historic Neighborhood Overlay
District,1because my husband, Charles Price, on behalf of The Harrison Museum,
may be negotiating with the applicant on matters related to the development of
this project.
Therefore, pursuant to Virginia Code Section 2.2 -3112, 1 must refrain from
participation in this matter. I ask that the City Clerk accept this statement and ask
that it be made a part of the minutes of this meeting.
Witness the following signature made this 20th day of June, 2016.
(Seal)
Anita Jame3Prige, Council Member
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: Application by Harrison Elderly Apartments, LLC, to rezone property
located at 523, 0, and 0 Harrison Avenue, N.W., bearing Official Tax
Map Nos. 2121763, 2121764, and 2121765, respectively, from RM -1,
Residential Mixed Density District, and ND, Neighborhood Design
Overlay District, to RMF, Residential Multifamily District, and H -2,
Historic Neighborhood Overlay District.
Recommendation
The Planning Commission held a public hearing on Monday, June 13, 2016. By
a vote of 5 - 0 the Commission recommended approval of the rezoning request,
finding that the Amended Application No.] is consistent with the City's
Comprehensive Plan, Harrison & Washington Park Neighborhood Plan, and
Zoning Ordinance as it rezones the properties to allow for continued
development of the site in a manner appropriate to the surrounding area.
Application Information
Request:
Rezoning
Owner:
Harrison Elderly
Apartments LLC
Applicant:
N/A
Authorized Agent:
Evelyn A. Slone
Hill Studio
City Staff Person:
Katharine Gray, Land Use and
Urban
Design Planner
Site Address /Location:
523, 0, and 0 Harrison Avenue NW
Official Tax No.:
2121763, 2121764 2121765, respectively
Site Area:
Approximately 0.9193 acres
Existing Zoning:
RMA, Residential Mixed Density District, with ND,
Nei hborhood Design Overlay District
Proposed Zoning:
RMF, Residential Multifamily District, with H -2,
Historic Neighborhood Overlay District
Existing Land Use:
Apartments and Parking Lot
Proposed Land Use:
Apartments and Parking Lot
Neighborhood Plan:
Harrison & Washington Park Neighborhood Plan
Specified Future Land Use:
Institutional /Religious and Single- and Two - Family
Residential Mix
Filing Date:
Original Application: April 25, 2016
Amended Application No.]: May 16, 2016
Background
The Harrison School at S23 Harrison Avenue, NW, was constructed in 1916 and
was the City's first high school for African Americans. Prior to its construction,
African - American pupils who wished to pursue academic study beyond seventh
grade were required to attend Virginia State College in Petersburg, Virginia.
The building is of significant cultural value to the community. The significance
of the building was recognized in the individual listing of the building on the
Virginia Landmarks Register and the 1982 listing on the National Register of
Historic Places.
After closing as a school, the building has had a long history of community
uses. The building on the property was approved by the Roanoke City Board of
Zoning Appeals, through three (3) separate special exceptions, to be used for a
day care center operated by the TAP Organization in 1971, a neighborhood
center in 1981, and a museum in 1993. The existing parking lot area
developed on the adjoining lots, Official Tax Nos. 2121764 and 2121765,
provides the required off - street parking to support the three uses permitted by
special exceptions in the building.
In 1984, apartments for the elderly were constructed in the top two floors of
the building. City directory entries for that time period indicate that 28
dwelling units were present in the structure. At that time, the property was
located in an RG -2 zoning district and the density limits in that district
permitted 28 units.
In the 2005 Comprehensive Rezoning, the zoning district of the property was
changed to the RM -1 District which no longer permits multifamily dwellings or
the other community related uses that had been previously approved by the
BZA. A mixed -use building (multifamily dwelling and the community related
uses) is not permitted in the current RM -1 District, but may continue in
accordance with Section 36.2 -705 of the zoning ordinance.
The property owner desires to add four more apartment units on the first floor
of the existing building as well as other amenities for the tenants of the
building. However, the development standards of the RMA District will not
permit such expansion. Based on the current proposal, the use of the building
will be a multifamily dwelling.
In April 2016, the Applicant filed an application to rezone the properties from
RM -1, Residential Mixed Density District, to RMF, Residential Multifamily
District. In May 2016, the Applicant filed an Amended Application No. 1 to
rezone the property from RM -1, Residential Mixed Density District, with ND,
Neighborhood Design Overlay District to RMF, Residential Multifamily District,
with H -2, Historic Neighborhood Overlay District.
Considerations
Surrounding Zoning and Land Use:
Compliance with the Zoning Ordinance:
The purpose of the RM -1 District is to allow for a mix of single - family detached,
single - family attached as well as two - family and townhouse by special exception
in order to provide a range of housing choices.
The purpose of the RMF District is to permit dense housing development by
providing for multifamily and townhouse dwellings.
The existing use as a mixed -use building and multifamily dwellings is not
permitted in the current RM -1 district, but may continue as an existing use in
accordance with Section 36.2 -705 of the zoning ordinance. Changing the
zoning to RMF would bring the existing multifamily dwelling use into a
conforming use.
The development of the property likely does not meet current zoning ordinance
requirements for parking, landscaping, signs, etc. Such nonconforming
characteristics of use may continue in accordance with Section 36.2 -708 of the
Zoning Ordinance. Changing the zoning to RMF District would bring the
existing building into a greater conformance with the dimensional standards of
the Zoning Ordinance.
Removing the ND, Neighborhood Design Overlay District, and adding the H -2,
Historic Neighborhood Overlay District, to the properties will preserve and
maintain this architectural and historic landmark which is listed on the Virginia
Landmarks Register, the National Register of Historic Places, and which has
local significance. Moreover, the H -2 Overlay District will allow for modification
of the building or for new construction to occur on the property that is
compatible with the existing building and grounds and maintain appropriate
settings and environments for this landmark.
Zoninq District
Land Use
North
RM -1, Residential Mixed Density
Dwelling, Single- family
District
detached and Vacant
South
RM -1, Residential Mixed Density
Dwelling, Single - family
District
detached and Vacant
East
RM -1, Residential Mixed Density
Dwelling, Single- family
District
detached and Vacant
West
RM -1, Residential Mixed Density
Dwelling, Single - family
District
detached and Vacant
Compliance with the Zoning Ordinance:
The purpose of the RM -1 District is to allow for a mix of single - family detached,
single - family attached as well as two - family and townhouse by special exception
in order to provide a range of housing choices.
The purpose of the RMF District is to permit dense housing development by
providing for multifamily and townhouse dwellings.
The existing use as a mixed -use building and multifamily dwellings is not
permitted in the current RM -1 district, but may continue as an existing use in
accordance with Section 36.2 -705 of the zoning ordinance. Changing the
zoning to RMF would bring the existing multifamily dwelling use into a
conforming use.
The development of the property likely does not meet current zoning ordinance
requirements for parking, landscaping, signs, etc. Such nonconforming
characteristics of use may continue in accordance with Section 36.2 -708 of the
Zoning Ordinance. Changing the zoning to RMF District would bring the
existing building into a greater conformance with the dimensional standards of
the Zoning Ordinance.
Removing the ND, Neighborhood Design Overlay District, and adding the H -2,
Historic Neighborhood Overlay District, to the properties will preserve and
maintain this architectural and historic landmark which is listed on the Virginia
Landmarks Register, the National Register of Historic Places, and which has
local significance. Moreover, the H -2 Overlay District will allow for modification
of the building or for new construction to occur on the property that is
compatible with the existing building and grounds and maintain appropriate
settings and environments for this landmark.
Conformity with the Comprehensive Plan and Neighborhood Plan:
Both Vision 2001 -2020 and the Harrison & Washington Park Neighborhood Plan
identify the need for preservation and reuse of historic landmark buildings such
as the Harrison School. The rezoning of the property to RMF District with the
H -2 Overlay District will allow the further development of the property in a
manner that preserves the existing landmark building while allowing future
development appropriate to the surrounding area.
Relevant Vision 2001 -2020 policies:
Roanoke will offer a diversity of housing choices, including not only a
range of housing prices but also housing types such as single - family
houses, condominiums, multi - family highrise and low -rise rental units,
town homes, and patio homes. Suitable housing should be available in
the neighborhood of one's choice for people at all stages of their lives,
ranging from new homebuyers to empty nesters.
• NH P5. Housing choice. The City will have a balanced, sustainable range
of housing choices in all price ranges and design options that encourage
social and economic diversity throughout the City. Concentration of
federally subsidized, assisted or affordable housing will be discouraged.
The City will recommend ways to overcome impediments to fair housing
by identifying barriers to housing choice, encouraging fair housing
education to the community, challenging housing discrimination, and
requiring affirmative marketing of developments using City funds.
• Historic designation has contributed to the City's revitalization through
improved property maintenance and economic incentives for rehabilitation.
The Historic and Cultural Resources map (Map 3.2.2) identifies the three
Virginia and National Register Historic Districts, National Register
structures, and potentially significant archaeological sites. (Harrison School
is denoted as a National Register Property on the Map 3.2.2)
• EC P6. Cultural and historic resources. Roanoke will support, develop,
and promote its cultural resources. Roanoke will identify, preserve, and
protect its historic districts, landmark features, historic structures, and
archaeological sites.
• City Design.
Downtown neighborhoods Downtown neighborhoods are characterized by
small lots (approximately 5,000 square feet); two -story houses with
porches; consistent building setbacks; and an interconnected grid of
narrow, tree -lined streets and alleys. These neighborhoods developed
adjacent to the downtown between the 1890s and 1920s.
Design principles:
• Recognized historic buildings should be preserved and should be used
to guide new development.
Relevant Harrison & Washington Park Neighborhood Plan Policies
Harrison is a traditional urban neighborhood that was developed in the early
1900s that consists mainly of single - family homes. Multifamily housing and
limited commercial uses are scattered throughout the area. Noted
developments in the Harrison neighborhood are the Harrison Museum of
African American Culture, which is the old Harrison School, the old Burrell
Memorial Hospital, five churches, a funeral home, three convenience stores,
and one gas station
Key Development Opportunities:
Harrison School - Formerly a school for the African American community,
now houses the Harrison Museum of African American Culture on the first
floor, and has subsidized housing on the remaining upper floors. This
historic building would be appropriate for mixed income multifamily
residential, with a community oriented use on the first floor.
Community Design Policies:
The Harrison and Washington Park neighborhoods are recognized as
having unique architectural and historic value to the city. Therefore,
Roanoke must ensure that future development is compatible with the
neighborhood fabric. The design of new development should enhance
and contribute to the neighborhood's continued viability.
Residential Development Policies:
• Ensure the design of new infill housing is compatible with existing
development.
The Harrison School is an iconic neighborhood building that represents the first
ability to pursue an advanced education for many members of our community.
The property closed as a school in the mid -1900s and has been used as a mixed
use building including multifamily dwelling units for many years. The current
zoning district prohibits the expansion of the number of residential dwelling units
in the basement of the multifamily building as desired by the Applicants. The
Comprehensive Plan speaks to the importance of preserving recognized historic
buildings. The non - conforming status of the existing building provides for
additional oversight by the Board of Zoning Appeals for any changes.
The change of districts from RM -1 to RMF, would bring the building into greater
conformity with use and dimensional standards found in the zoning ordinance,
but would remove the additional oversight protection currently offered for the
building and surrounding area. However, the change in district from RM -1 with
the ND Overlay District to the RMF with the H -2 Overlay District allows for the
potential expansion in the number of dwelling units while continuing to provide
additional oversight by the Architectural Review Board for the preservation of the
significant historic landmark and ensuring any new construction is compatible
with the surrounding neighborhood. The rezoning of the property as proposed is
appropriate for the historic landmark building and the surrounding area.
Public Comments
None
Planning Commission Work Session
The building is listed on the National Register of Historic Places and is an
important building in the community. Rezoning the property to RMF will make
the use of the property as a multifamily dwelling conforming, would allow for
the proposed expansion in the number of dwelling units in the building, and
would allow other development activities on the property. Concern was
expressed that there was no protection for the long -term preservation of the
building. In particular, by making the use conforming, the historic building
could be modified or altered in ways that would damage the historic character
of the building.
As preservation of historic buildings /cultural resources is an important element
of the City's comprehensive plan, two possible options to provide for the
preservation of the existing building were suggested to the applicant after the
work session as follows:
1. Submitting an additional application requesting to add the H -2 historic
overlay district to the parcels and amending the original rezoning
application to add a condition on the granting of the overlay. This
option is somewhat unorthodox, but may allow longer -term flexibility to
modify the structure or perform other development on the parcel
compared to more traditional proffers.
OR
2. Add a condition such as "The development of the property will be in
substantial conformity with the development plan dated January 20,
2016. The footprint of the building and height will be maintained to
preserve the mass and scale of the existing structure." The plan could
include language that the existing building would not be demolished and
identify character defining features to be retained.
Such conditions would provide assurance that the rezoning from RM -1 to RMF
would not lead to the demolition of a noted historic neighborhood structure
and rebuilding of a multifamily apartment complex by RMF development
standards in the middle of the RM -1 zoning district.
The Applicants subsequently filed Amended Application No.1 addressing all of
the comments, specifically modifying the application to include replacing the
current NO Overlay that applies to the property with the H -2 overlay. This
provision allows the applicant the flexibility to modify or expand the building,
as needed, while providing oversight from the City's Architectural Review Board
(ARB) to ensure that such modifications are appropriate to the building and
surrounding neighborhood.
Plannino Commission Public Hearin
None
xbuva I4 &/tt �
Kermit Hale, Chair
City Planning Commission
cc: Chris Morrill, City Manager
R. Brian Townsend, Assistant City Manager
Chris Chittum, Director of Planning Building & Development
Ian D. Shaw, Planning Commission Agent
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Greg Jones, Harrison Elderly Apartments LLC
Evelyn A. Slone, Hill Studio
Zoning Amendment RECEIVE
MAY RONOIK
Application
CITYOEAOKE ROANOKE
Department of Planning, Building and Development PLANNING BUILDING &
Room 166, Noel C. Taylor Municipal Building DEVELOPMENT
215 Church Avenue, S.W. R EZ 160007
Roanoke, Virginia 24011 Click Here to Print
Phone: (540) 853 -1730 Fax: (540) 853 -1230
Date: May 20, 2016 Submittal Number: Amended Application #1
airs! (select all that applyls
❑x Rezoning, Not Otherwise Listed ❑ Amendment of Proffered Conditions
❑ Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan
❑ Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District
❑ Establishment of Comprehensive Sign Overlay District
Proggrty Information:
Address: 523, 0, and 0 Harrison Avenue NW, Roanoke, VA 24016
Official Tex No(s) : 2121763, 2121764, 2121765
Existing Base Zoning: ❑ With Conditions
If multiple zones, please manual enter all districts) Residential Mixed Density
( ty ) wxn NO Ne' nbomoaa Design Overla x❑ Without Conditions
Ordinance No(s). for Existing Conditions (If applicable):
Requested Zoning: RME, Residential Multifamily ❑ With Conditions proposed Apartments In Existing Building
im H -2, Hislonc Neighborhood Oven x Without Conditions Land Use:
PfOj�$[� OWIIOr InformallOn:
Name: Harrison Elderly Apartments LLC /Greg Jones Phone Number. +1(678)256 -3626
Address: 5920 Odell Street, Suite 201, Cumming GA 30040 E -Mail: gjones@triumphmgtcom
See Aeacned Signature Page
Property Owner's Signature:
Applicant Information lif different from owner);
Name: Phone Number.
Address: E -Mail: I
Applicant's Signature:
Authorized Agent Information (if applicable)
Name: Evelyn A. Slone / Hill Studio Phone Number. +1 (540)342 -5263
Address: 120 Campbell Avenue, SW, Roanoke, VA 24011 E-Mail: esloneehiilstudiocom
S /J Digitally signed by Evelyn Slone
Audanzed P /!.i(/�i.sf C( J email= evieslonepalm.com, c US
CN / 1 Date: 2016.05.1615: 14:51-0 4'00'
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Phone: (540) 853 -1730 Fax: (540) 853 -1230
Date: IMay 20.2016
�Regaest (se @c4 _�
❑x Rezoning, Not Otherwise Listed
REZ160007
Submittal Number: Amended Application at
❑ Rezoning, Conditional
❑ Rezoning to Planned Unit Development
❑ Establishment of Comprehensive Sign Overlay District
ROANOKE
CI rk Here to Print
❑ Amendment of Proffered Conditions
❑ Amendment of Planned Unit Development Plan
❑ Amendment of Comprehensive Sign Overlay Distnct
Address: '523, 0, and 0 Harrison Avenue INK Roanoke, VA 24016
Of deal Tax No(s).: 2121763, 2121764, 2121765
Dusting Base Zoning: ❑ With Condlli0ns
If multi a zones, lease manual) enter all districts. RM -t, Residentlal Abed Den9ty
( W P Y ) waw uo ne;o6wmom oeaoe oemw ❑x Without Conditions
Ordinance Nola). for Existing Condibons (If applicable):
g �❑ Will Conditions proposed
��
Requested 20nn: RAF, Residential Multifaot Use panments in Existing Building
m H.z, wsmonc Nea6bpfiood wen WMout Conditions Land Use:
Property Owner Informaalt*
Name: Hanison Elderly Apartments LLC /Greg Jones Phone Number: +t 1678)256 -3826
Address: 5920 Odell Street, Suite 201, Cumming GA 30040 —� E -Mail: kones0triumplungt.corn
P:openy Owner's Signature:
Name. Phone Number: F
Address: E44211: I
Applicant's SignaWre:
Name: Evelyn A. Slone /Hill Studio Plane Number: +1 (sao)34x -5x63
Address: 120 Campbell Avenue, SIN, Roanoke, VA 24011 E-Ma I: lesione0ulstudio.com
Authorized Agents Signature:
Zoning Amendment
Application Checklist I'm ,C
The following must be submitted for all applications: R0A I V O K L
r Completed application form and checklist.
Fx Written narrative explaining the reason for the request.
r Metes and bounds description, if applicable.
r Filing fee.
For a rezoning not otherwise listed, the following must also be submitted:
r Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures.
For a conditional rezoning, the following must also be submitted:
F- Wdtten proffers. See the City's Guide to Proffered Conditions.
Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. Please label as
F-
'development plan' if proffered.
For a planned unit development, the following must also be submitted:
F- Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
For a comprehensive sign overlay district, the following must be submitted:
F- Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance.
For an amendment of proffered conditions, the following must also be submitted:
Amended development or concept plan meeting the Application Requirements of ttem'2(c)' in Zoning Amendment Procedures,
r if applicable.
r Written proffers to be amended. See the City's Guide to Proffered Conditions
F- Copy of previously adopted Ordinance.
For a planned unit development amendment, the following must also be submitted:
F- Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
F- Copy of previously adopted Ordinance.
For a comprehensive sign overlay amendment, the following must also be submitted:
r Amended comprehensive signage plan meeting the requirements of Section 36.2336(d) of the City's Zoning Ordinance.
F- Copy of previously adopted Ordinance.
For a proposal that requires a traffic impact study be submitted to the City, the following must also be submitted:
r A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance.
For a proposal that requires a traffic impact analysis be submitted to VDOT, the following must also be submitted:
F- Coversheet.
F- Traffic impact analysis.
r- Concept plan.
F Proffered conditions, if applicable.
F- Required fee.
'An electronic copy of this application and checklist can be found at www.roanokeva.govi plod by selecting 'Planning Commission' under
'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by
staff.
Zoning Amendment Narrative
(Rezoning Request: RMI with ND to RMF with H2)
Harrison School Apartments, 523 Harrison Avenue, N. W., and two adjacent lots
Official City Tax Nos. 2121763, 2121764, 2121765
Background:
The Petitioner, Harrison Elderly Apartments, LLC, is the new owner of the Harrison School property.
At present, the property is zoned RM -1 and contains 28 affordable housing units for seniors. The 1916
school building is listed on the National Register of Historic Places. The building is constructed on City
Tax Map No. 2121763 with adjacent surface parking on Tax Map Nos. 2121764 and 2121765 (Harrison
Avenue), and 2121726 and 2121727 (Rutherford Avenue). At present, there are a total of 42 on -site
surface parking spaces, 26 on Harrison and 16 on Rutherford. The property owner has ownership of all
five parcels. (See the 2016 survey of the property included with this application.) This rezoning
application is only for the three parcels on Harrison Avenue.
The 1916 school building is listed on the National Register of Historic Places. It was the City's first high
school for African Americans. The complete Nomination can be found at:
httv, / /www.dhr.virginia.gov /registers /Cities /Roanoke/ 128-
0043 Harrison School 1982 Final Nomination.ndf
The property is a significant historic building in the Northwest Community. The 1982 National Register
Nomination provides the following information on its significance:
"Constructed in 1916, Roanoke's Harrison School symbolizes the pioneering efforts of Lucy
Addison and other black educators in Southwest Virginia to offer academic secondary
instruction to all children regardless of race. 77tese efforts were admirable when one considers
the paucity of black public high schools in Virginia during this period and the prevailing
educational theory of the Progressive era that Negroes should receive industrial, rather than
academic or collegiate, instruction.
Prior to the establishment of the school on Harrison Avenue, black pupils in the Roanoke area
who wished to pursue academic study beyond the seventh grade were required to attend
Virginia State College in distant Petersburg. Throughout its history, the Harrison School has
served as a major center of black educational, social, and cultural activities in Roamile,
providing a place of secondary and elementary instruction for many of Roanoke s black
professional and civic leaders, as well as a point of visitation for such dignitaries as George
Washington Carver and Jesse Owen. Architecturally, the building is a typical example of
public school design of the period, employing a very modified Georgian -style format"
Development Plans:
The Petitioner plans repairs and upgrades to the building and wants to add four additional affordable
housing units in the basement in the space formerly occupied by Harrison Museum of African
American Culture (now downtown in Center in the Square). In addition to the basement apartments,
other tentative uses considered in the basement level include a Facility Office, Community Room and
Kitchen, resident Library and Business Center, tenant Storage Units, and a tenant Beauty Shop (see
Schematic Plan for basement).
Reasons for Requesting Rezoning:
The current use of the property for 28 existing apartments is non - conforming under the existing RM -1
zoning. In order to make the property conform to a more appropriate zoning designation, the Petitioner
requests a rezoning of the three parcels on Harrison Avenue to RMF, Residential Multifamily District.
This will make the existing, built apartment complex (and associated off - street parking) conforming
and enable the owner to add four units in the basement. In addition, rezoning to RMF is more
consistent with the past zoning history of the property which permitted the development of the facility
for apartments in 1985 and previous adaptive uses of the historic building. On -site parking on these
parcels will meet the requirements for senior housing (24 spaces required or 0.75 spaces per dwelling
unit).
The petitioner understands that prior to applying for a building permit for the new units, the City will
require combination of the three parcels (2121763 with 30,000 sf, 2121764 with 5,000 sf, and 2121765
with 5,000 sf) into one parcel (via subdivision plat) in order to meet the new zoning RMF development
requirements applicable for the desired number of units (1,000 sf of lot area/dwelling unit).
Also, the petitioner recognizes the historic significance of the building and desires to work further with
the City of Roanoke and the community to make improvements now (and in the future) that will be
appropriate to the historic building and the neighborhood. After consultation with City staff, the
petitioner agrees that removal of the ND, Neighborhood Design Overlay District and replacement with
the H -2 Overlay District is more appropriate for preserving the building and ensuring that any future
exterior modifications maintain contributing architectural features and neighborhood site context.
The property is applicable for H -2 District designation and future conservation and preservation
because:
(1) The property is listed individually on the Virginia Landmarks Register and the National
Register of Historic Places, and
(2) The property is the physical location of the historic Harrison School which is of special public
value because of its cultural community heritage.
It is desired that the rezoning requests to RMF and H2 be considered concurrently to ensure
coordinated development oversight and timely construction of property improvements.
Consistency with Comprehensive Plan and other Adopted City Documents:
The rezoning request to RMF and H -2 is consistent with the Roanoke Vision 2001- 2020
Comprehensive Plan in that the affordable housing units and senior support facilities in the facility
provide sensitive adaptive reuse and preservation of a historic building in an appropriate residential
neighborhood setting (Housing and Neighborhood Policies NH P5, NH P7, and Environmental,
Cultural and Historic Resources Policy EC P6).
In addition, the rezoning to RMF and H2 would be consistent with the 2003 adopted Harrison and
Washington Park Neighborhood Plan which recognizes the historic importance of Harrison School and
identifies the use of the property, as multifamily residential. Specifically, the plan identifies the school
building as a development opportunity for mixed use and references it as an environmental and
neighborhood asset contributing to the community quality of life. The proposed rezoning would be
consistent with the adopted neighborhood policies to encourage future development that is compatible
with the architectural and historic fabric of the neighborhood and development that furthers the
continued viability of the neighborhood.
Above: Harrison School Apartments, Harrison Avenue
Below: Parking lot for Harrison School Apartments, Harrison Avenge
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ZONING DISTRICT MAP
523, 0, and 0 Harrison Avenue NW;
Official Tax Parcels: 2121763,
2121764, and 2121765, respectively
®Area to be Rezoned
Zoning
AD: Airport Dev
CG: CommerclalGeneral
CLS: Commerelakarge She
CN: Cw aderuaFNeighi orhood
D: Doasitmed
1 -1: Light Industrial
1-2: Heavy lnduNdal
— IN: Institutional
INPUD: Institutional Planned Unit Dev
IPUD: Industrial Planned Unit Dev
MX: Mind Use
O M%PUD: Mired Use Planned Unit Dev
R -12: Res Sid le- Family
R -3: Res Single-Fannity
R -5: Res Single-Fanniy
R -T. Res Single-Family
RA: Res- Agncuhural
RM-1: Res Mixetl Density
RM-2: Res Mixetl Density
RMF: Res Muhitamily
® ROS: Recreation and Open Spam
_ UF: Urban Flat
r r Conditional Zoning
9
Is
0 50 100 Feet W +E
TTY 3
AFFIDAVIT
APPLICANT: Harrison Elderly Apartments, LLC
LOCATION: 523, 0, and 0 Harrison Avenue, N.W.
Tax Nos. 2121763, 2121764, and 2121765
REQUEST: To rezone property located at 523, 0, and 0 Harrison Avenue, N.W.,
bearing Official Tax Map Nos. 2121763, 2121764, and 2121765,
respectively, from RM -1, Residential Mixed Density District, and NO,
Neighborhood Design Overlay District, to RMF, Residential Multifamily
District, and H -2, Historic Neighborhood Overlay District.
COMMONWEALTH OF VIRGINIA )
) TO -WIT:
CITY OF ROANOKE )
The affiant, Tina M. Carr, first being duly sworn, states that she is Secretary to the Roanoke City
Planning Commission, and as such is competent to make this affidavit of her own personal
knowledge. Affidavit states that, pursuant to the provisions of Section 15.2 -2204, Code of
Virginia, (1950), as amended, on behalf of the Planning Commission of the Qty of Roanoke, she
�
has sent by first -class mail this 2 % —/-f day of / / LLLC.Y' .2016, notices of a
public hearing to be held on this day of LI/Yl0 _ 2016, on the
request captioned above to the owner or agent of the parcels as set out on the attached.
itMI JJUFTii
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this
1 day of 5' 2016.
Ewcomc RPYL W FMuC R"
HOTM THAI -C
OWAMWEXT H OFy fitOaW RIMS7RPTo WSsI0H WIRES
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PUBLIC HEARING NOTICE
PUBLIC HEARING NOTICE
All public hearings advertised herein will be held in the City Council Chamber, fourth floor,
Room 450, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Roanoke, Virginia.
All applications arc available for review in the Planning, Building, & Development office, Room
166, 215 Church Avenue, S.W., Roanoke, Virginia.
The City of Roanoke Planning Commission will hold a public hearing on June 13, 2016, at
1:30 p.m., or as soon as the matters may be heard, to consider this application:
Application by Harrison Elderly Apartments, LLC, to rezone property located at 523, 0, and 0
Harrison Avenue, N.W., bearing Official Tax Map Nos. 2121763, 2121764, and 2121765,
respectively, from RM -1, Residential Mixed Density District, and ND, Neighborhood Design
Overlay District, to RMF, Residential Multifamily District, and H -2, Historic Neighborhood
Overlay District. The land use categories permitted in RMF include residential, accommodations
and group living, commercial, utility uses and structures, animal and agricultural, and accessory,
with one dwelling unit per 1,000 square feet of lot area. The comprehensive plan designates the
property for institutional/religious and single- and two - family residential mix. The proposed use
is apartments. The H -2 Overlay District rezoning will require the issuance of a Certificate of
Appropriateness for new construction of certain structures or certain modifications of existing
structures.
Tina M. Carr, Secretary, City Planning Commission
City Council will hold a public hearing on the aforesaid application on June 20, 2016, at 2:00
p.m., or as soon as the matters may be heard. Citizens are advised that the time at which this
matter will be heard is a departure from the usual time at which such matters are heard by City
Council.
Any person with a disability requiring any special accommodation to attend or participate in the
hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the
scheduled hearing.
Stephanie M. Moon Reynolds, MMC, City Clerk
Please publish in newspaper on Tuesday, June 7, 2016.
Please bill and send affidavit of publication to:
Tina M. Carr
Secretary to the Board of Zoning Appeals
Secretary to the Planning Commission
Planning Coordinator
Planning, Building & Development
City of Roanoke
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 166
Roanoke, VA 24011
540/853 -1330
tina.can@roanokeva.gov
Please send affidavit of publication to:
Stephanie M. Moon Reynolds, MMC, City Clerk
215 Church Avenue, S.W., Suite 456
Noel C. Taylor Municipal Building
Roanoke, Virginia 24011 -1536
540/853 -2541
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
CITY OF ROANOKE
STEPHANIE MOON, CITY CLERK
215 CHURCH AVE, SW, SUITE 455
ROANOKE, VA 24011
Account Number
6011479
Date
June 07, 2016
Date Category Description Ad Size Total Cost
I
OOJ1312016 Legal Notices PUBLIC HEARING NOTICE All public hearings advertised he 1 x 76 L 416.55
PUBLIC HEARING NOTICE
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Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice PUBLIC
HEARING NOTICE A was published In said newspapers on the
following dates:
06107/2016
The First insertion being given ... 06/07/2016
Newspaper reference: 0000330246
B ling Repress ntative
Sworn to and \s\ubsbscr�iberd1 before , me this
(/Tuesday, pJune e77, 2016
11 IVY � I V Ww• ,, n' u
Notary Publi
State of Virginia = _ �° 51ryg1�oNV0
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City/County of Roanoke �'7 ,,��� M1
My Commission expires 1.11 0U 1%� j¢13b��
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THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virgium 24011 -1536
Telephone: (540)853 -2541
Fnx: (540) 853-1145
E -mail elerhCry)ronnokeva.gov
June 3, 2016
William W. Taborn, Jr.
Robert Irving
Denise Lindsey
Algado Holdings, LLC
Charles A. Mason, III
Brenda A. Whorley
Janis E. Waller
Trustees of High Street Baptist Church
Ladies and Gentlemen:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy CIO Clerk
Harrison School
Vincent Board
Patrick Caesar
Greenfield Real Estate, Inc.
Andre' Peery
Grace Carolyn Stone
Cheryl Dent
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, June 13, 2016 at 1:30 p.m., in the City Council Chamber, Fourth Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request from
Harrison Elderly Apartments, LLC, to rezone property located at 523, 0, and 0 Harrison
Avenue, N. W., bearing Official Tax Map Nos. 2121763, 2121764, and 2121765,
respectively.
Also, pursuant to provision of Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, a public hearing regarding the abovementioned
matter has been scheduled to be heard before the Roanoke City Council on Monday.
June 20 at 2:00 p.m. in the Council Chamber, pending formal action by the City
Planning Commission. Action taken by the City Planning Commission may be viewed
on the City's webpage, www.roanokeva.00v, under "Roanoke Planning Commission
News".
This letter is provided for your information as an interested party and /or adjoining
property owner. If you have questions regarding the Planning Commission public
hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540)
853 -1730.
ROANOKE
PLANNING BUILDING AND DEVELOPMENT
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 166
Roanoke, Virginia 24011
Phone 540 853 1730 Fax 540 853 1230
Email pi.mning(I
May 27, 2016
Dear Adjoining Property Owner and /or Interested Party:
The Roanoke City Planning Commission will hold a public hearing in order to consider
the following request. The complete application can be viewed on the Planning, Building, &
Development website at ht10: // roanokeva .00v /1088jPlanning_Commission.
Application by Harrison Elderly Apartments, LLC, to rezone property located at
523, 0, and 0 Harrison Avenue, N.W., bearing Official Tax Map Nos. 2121763,
2121764, and 2121765, respectively, from RM -1, Residential Mixed Density
District, and ND, Neighborhood Design Overlay District, to RMF, Residential
Multifamily District, and H -2, Historic Neighborhood Overlay District. The land
use categories permitted in RMF include residential, accommodations and group
living, commercial, utility uses and structures, animal and agricultural, and
accessory, with one dwelling unit per 1,000 square feet of lot area. The
comprehensive plan designates the property for institutional /religious and
single- and two - family residential mix. The proposed use is apartments. The H-
2 Overlay District rezoning will require the issuance of a Certificate of
Appropriateness for new construction of certain structures or certain
modifications of existing structures.
The date, time, and place of the public hearing scheduled by the Planning Commission on
the matter are as follows:
Monday, June 13,2016,11:30 pm
City Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Roanoke, VA 24011
According to real estate records, you own property that is adjoining the subject
property or are an Interested party. If you care to make any comments concerning this
request, you need to attend the public hearing as listed above to voice your opinion(s)
during the public hearing and consideration of this request. Also, feel free to contact
Katharine Gray, City Planner, at 540- 853 -1502 If you have any questions regarding the
application.
Very truly yours,
Tina M. Carr
Secretary to the Planning Commission
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Department of Planning, Building and Development ROA N O K E
Room 166, Noef C. Taylor Municipal Building
215 Church Avenue, S.W,
Roanoke, Virginia 24011 F Click Hen; to Print
Phone. (540) 853.1730 Fax: (540) 853 -1230
Date. Apr1125,2016 Submkal Number:
_❑ Rezoning, Not Otherwise Listed ❑ Amendment oi Proffered Condfllons
❑ Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan
❑ Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District
❑ Establishment of Comprehanslve Sgn Oveday District
Address: 1523 Harrison Avenue NW, Roanoke, VA 24016 7-' %I ��} ��Q,Qj ✓`AG -�
Official Tax No(s).: 2121763, 2121764, 2121765
Existing Base Zoning: ❑ With Conditions
(8 zones, please zo please manually enter all RM -t, Residential Mixed Density districts.) —� ❑ Without Condioow
Ordinance Nola). for Existing Conditions (If applicable):
-1 ❑ With Conditions
Requested Zoning: flMF,flesldential Muhi(amlly J Proposed Apartments in Existing Building
� Without Conditions Land Use:
Name Harrison Elderly Apartments LLC /Greg Jones Phone Number: +1(678)256 -3826
Addre;a! 59 Street, Suite 201, Cumming GA 30040 —� E -Mail: g)oneswriumphmgt.com
ty a Signature:
now
Name: Phone Number.
Address:
E -Mail:
Applicant's Signature:
Nama Evelyn A. Slone / Hill Studio Phone Number +t (540) 3z4 -5263
Address 120 Campbell Avenue, SW, Roanoke, �VA�� E -M all: estone@hilhtudlo.com
oozed ens Signature:
Zoning Amendment Narrative
I lamison School Apartments, 523 l larrison Avenue, N. W.
Official City'fax Nos, 2121763, 2121764, 2121765
The Petitioner. I larrison Elderly Apartments, LLC, is the new owner of the I larrison School property.
At present, the property is zoned RM -1 and contains 28 affordable housing units for seniors. The 1916
school building is listed on the National Register of I lisloric Places. The building is constructed on City
Tax Map No. 2121763 with adjacent surface parking on Tax Map Nos. 2121764 and 2121765 (Harrison
Avenue), and 2121726 and 2121727 (Rutherford Avenue). At present, there are a total of 42 on -site
surface parking spaces, 26 on Harrison and 16 on Rutherford. The property owner has ownership of all
five parcels. (Sec the 2016 survey of the properly included with this application.)
The Petitioner plans repairs and upgrades to the building and wants to add four additional affordable
housing units in the basement in the space formerly occupied by Harrison Museum of African
American Culture (now downtown in Center in the Square). In addition to the basement apartments,
other tentative uses considered in the basement level include a Facility Office, Community Room and
Kitchen, resident Library and Business Center, tenant Storage Units, and a tenant Beauty Shop (see
Schematic Plan ibr basement).
The current use of the property for apartments is nonconforming under the existing RM -1 zoning. The
number of existing units (28) exceeds die RM -1 lot area requirements (2,500 square feet/dwelling
unit). In order to make the property conform to a more appropriate zoning designation, the Petitioner
requests a rezoning of the three purcels on Harrison Avenue to RMF, Residential Multifamily
District. This will enable the addition of the four units and make the existing, built apartment complex
(and associated off street parking) conforming. In addition, rezoning to RMF is more consistent with
the past zoning history of the property which permitted the development of the facility for apartments
in 1985 and previous adaptive uses of the historic building. On -site parking on these parcels will meet
the requirements for senior housing (24 spaces required or 0.75 spaces per dwelling unit). The
applicant understands that prior to applying for a building permit for the new units, the City will
require combination of the three parcels (2121763 with 30,000 sf, 2121764 with 5,000 sr. and 2121765
with 5,000 st) into one parcel (via subdivision plat) in order to meet the new zoning RMF development
requirements applicable for the desired number of units (1,000 sf of lot area/dwelling unit).
The rezoning request is consistent with the Roanoke Vision 2001- 2020 Comprehensive Plan in that the
affordable housing units and senior support facilities in the facility provide sensitive adaptive reuse of
a historic building in an appropriate residential neighborhood setting (Housing and Neighborhood
Policies NH 115, NH P7; Environmental, Cultural and Historic Resources Policy EC P6). In addition,
the rezoning would be consistent with the 2003 adopted Harrison and Washingron Park Neighborhood
Plan which recognizes the historic importance of Harrison School and identifies the use of the property
as multifamily residential. Specifically, the plan identifies the school building as a development
opportunity for mixed use and references it as an environmental and neighborhood asset contributing
to the community quality of life. The proposed rezoning would be consistent with the adopted
neighborhood policies to encourage future development that is compatible with the architectural and
historic fabric of the neighborhood and development that furthers the continued viability of the
neighborhood.
Also, the property is located within a Neighborhood Design District which would apply for any future
addition, or exterior modilication of the multi- tamily residential building.
Above: Harrison School Apartments, Harrson Arwnue
Below: Parking lot for Harrison School Apartmenls, Harrison Avenue
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SCHEMATIC PLAN FOR BASEMENT APARTMENT UNITS
APRIL25, 2016
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ZONING DISTRICT MAP
523, 0, and 0 Harrison Avenue NW;
Official Tax Parcels: 2121763,
2121764, and 2121765, respectively - -
C3 Area to be Rezoned
' EgpHRO AVE
Zoning -- -
AD.Airport Dev
CG. Commercial - General
— CLS: Commercial -Large Site =o v
CN. Commercial - Neighborhood
D'. Downtown
-.. 1-1 Light Industrial ti _
1 -2'. Heavy Industrial
A
_
IN Institutional N
S
O INPUD: Institutional Planned Unit Dev - _ y
® IPUD: Industrial Planned Unit Dev HARR /S
oN AVE r
MX' Mixed Use
O MXPUDd. Mixed Use Planned Unit Dev'
R -12c Res Single - Famly
R -3. Res Single- Family h
tiZ
R -5'. Res Single - Family tp
R -T. Res Single - Family
RA: Res - Agricultural _
RM -1 Res Mixed Density
N N N co J
RM -2'. Res Mixed Density v wq h ^
20 ?0224
RMF: Res Multifamily - FAIRFAX AVE
ROS. Recreation and Open Space
_ UF: Urban Flex
Conditional Zoning -
N1
0 50 100 Feet YY _
�T� s
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Clench Avenue, S. W., Smite 456
@mmmke, Virginia 24011 -1536
l'elelA6m,e: (5411)853 -2541
N1¢; (540)85 }1145
v_....a..d.,. 1". . -- —, . ..—
l I'ITHANIIS kl. M00N 1(Ll'N0L05, MM(-
(lty (lc, k
The Honorable Sherman A. Holland
Commissioner of the Revenue
Roanoke, Virginia
Dear Mr. Holland and Ms. Powers:
July 6, 2016
('F('I.LIA F. Me ('01'
Ilennf y City (lm'k
('F.CI(LIA'I. WI91t14 ('M('
Avsistnnt 1), ay City Clerk
The Honorable Evelyn W. Powers
City Treasurer
Roanoke, Virginia
I am forwarding an attested copy of Ordinance No. 40544 - 062016, which has been
properly executed by Total Action Against Poverty in Roanoke Valley trading as Total
Action for Progress, for purposes of assessment and collection of the service charge
established by this Ordinance.
Sincerely,
Stephanie M. Moon Re s, M C
City Clerk
Enclosure
pc: Annette Lewis, President, Total Action for Progress, P. O. Box 2868, Roanoke,
Virginia 24001
Wallace H. 'Pete" Clark, III, Director of Property Management and Maintenance,
Total Action for Progress, 302 2 n Street, S. W., Roanoke, Virginia 24011
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Susan Lower, Director, Real Estate Valuation
R.B. Lawhorn, Budget Administrator, Management and Budget
m�
CITY OF ROANOKE
OFFICE, OF THE CITY CLERK
215 Chnreh Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Tel p (0545)953 -2541
h n-: x: (5(5 4(1) -53 -1145
STEPHANIE M. MOON REYNOLDS, MM('
E-���ni l: elerkp,n- nx.... .g1°
(EC ELIA F. MCCOY
City C luk
Deputy Cily Clerk
June 21, 2016
CECELIAT. WEBH, CMC
Assistm,t Deputy Ci(v Clerk
Annette Lewis, President
Total Action for Progress
P. O. Box 2868
Roanoke, Virginia 24001
Dear Ms. Lewis:
I am attaching Ordinance No. 40544- 062016 exempting from real estate property
taxation certain property located at 1633 Salem Avenue, S.W., 702 Shenandoah
Avenue, N.W., and 624 Shenandoah Avenue, N.W., Roanoke, Virginia, and identified,
respectively, as Official Tax Map Nos. 1210711, 2113105, and 2113201 owned by Total
Action Against Poverty in Roanoke, Valley, trading as Total Action for Progress.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 20, 2016, and is in full force and effect upon its
passage.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
c: Wallace H. 'Pete' Clark, III, Director of Property Management and Maintenance,
Total Action for Progress, 302 2ntl Street, S. W., Roanoke, Virginia 24011
The Honorable Sherman A. Holland, Commissioner of the Revenue
The Honorable Evelyn W. Powers, City Treasurer
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Damemn, Director of Finance
Sherman M. Stovall, Assistant City Manager for Operations
Susan S. Lower, Director, Real Estate Valuation
Amelia C. Merchant, Director, Department of Management and Budget
Reeves B. Lawhorn, Budget Administrator, Department of Management and
Budget
�t� \l
IN THE COUNCIL, oP 'rul; crry Or ROANOIU?, Vnz(uwA
The 20th day of .June, 2016.
No. 40544- 062016.
AN ORDINANCE exempting from real estate property taxation certain property located at
1633 Salem Avenue, S.W., 702 Shenandoah Avenue, N.W., and 624 Shenandoah Avenue, N.W.,
Roanoke, Virginia, and identified, respectively, as Official Tax Map Nos. 1210711, 2113105, and
2113201 owned by Total Action Against Poverty in Roanoke, Valley, trading as Total Action for
Progress (hereinafter "the Applicant "), an organization devoted exclusively to charitable or benevolent
purposes on a non - profit basis; providing for an effective date; and dispensing with the second reading
of this ordinance by title.
WHEREAS, the Applicant has petitioned this Council to exempt certain real property of the
Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia;
WHEREAS, a public hearing at which all citizens and other interested persons had an
opportunity to be heard with respect to the Applicant's petition was held by Council on.fune 20, 2016;
WHEREAS, the provisions of subsection B of Section 58.1 -3651, Code of Virginia (1950), as
amended, have been examined and considered by the Council;
WHEREAS, the Applicant agrees that the real property to be exempt from taxation is certain
real estate, including the land and any buildings and improvements located thereon, situated at 1633
Salem Avenue, S.W., 702 Shenandoah Avenue, N.W., and 624 Shenandoah Avenue, N.W., Roanoke,
Virginia, and identified, respectively, as Official Tax Map Nos. 1210711, 2113105, and 2113201
(collectively the "Properties "), which Properties are owned by the Applicant, and that the entirety of
the Properties shall be used by the Applicant exclusively for charitable or benevolent purposes on a
non -profit basis; and
WI1FRIiAS, in eonsidcralion of C'ouncil's adoption of this Ordinance, the Applicant has
voluntarily agreed to pay each year it service eharge in an amount equal to twenty percent (20%) of the
C'ily of Roanoke's real estate tux levy, which would be applicable to the Propertics were the Properties
not exempt horn such taxation, for so long as the Propertics arc exempted h-om such taxation.
THIiREPORE, I3P I'1 ORDAINP,D by the Council of the City of Roanoke as follows:
1. Council classifies and designates Applicant, Total Action Against Poverty in
Roanoke Valley, wading as Total Action for Progress, as a charitable or benevolent organization
within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts
from real estate taxation certain real estate, situated at 1633 Salem Avenue, S.W., 702 Shenandoah
Avenue, N.W., and 624 Shenandoah Avenue, N.W., Roanoke, Virginia, and identified, respectively, as
OII ieial Tax Map Nos. 1210711, 21 13105, and 21 13201, and owned by the Applicant. Continuance of
this exemption shall be contingent on the continued use of the Properties by Applicant in accordance
with the proposes designated in this Ordinance, as further stated in the City Council Agenda Report
dated June 20, 2016.
2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to
pay to the City of Roanoke, on or before October 5 of each year, a service charge in an amount equal
to twenty (20 %) percent of the City of Roanoke's real estate tax levy.
3. This Ordinance shall be in full force and effect on July 1, 2016 if, by such time, a
copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk.
4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is
properly executed by the Applicant, to the Commissioner of the Revenue, and the City Treasurer for
purposes of assessment and collection, respectively, of the service charge established by this
Ordinance, and to Wallace H. Clark, III, Director of Property Management & Maintenance, and the
authorized agent of Total Action Against Poverty in Roanoke Valley, trading as Total Action for
Progress.
5, Pursuant to Section 12 of the City Charter, the second rending of this ordinance by
lillc is hereby dispensed with,
ATTEST:
U
City clerk,
ACCEPTED, AGREED TO AND EXECUTED by Total Action Against Poverty in Roanoke Valley,
trading as Total Action for Progress, this day of_lt(,e� , 2016.
Total Action Against Poverty in Roanoke Valley,
trading as Total Action for Progress
By
Printed Name and Tiile
aCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: Tax Exemption Request - Total Action Against Poverty in
Roanoke Valley, trading as Total Action for Progress
(CM 16- 00080)
Background:
Total Action Against Poverty in Roanoke Valley, trading as Total Action for
Progress (TAP), is a Virginia non - stock, not - for - profit corporation which owns
certain real property located at 1633 Salem Avenue, SW (Official Tax Map
#1210711), 702 Shenandoah Avenue, NW (Official Tax Map #2113105), and
624 Shenandoah Avenue, NW (Official Tax Map #2113201). The organization
desires the property be designated as exempt from real estate taxes pursuant
to the provisions of the Code of Virginia. TAP was incorporated on April 28",
1965. In October of that same year, TAP opened its first year -round Head Start
classroom, which was the first school program in the Roanoke Valley integrated
from its inception. Today, it offers over 30 programs designed to give its
clients a hand up. Its mission is to help individuals and families achieve
economic and personal independence through education, employment,
affordable housing, and safe and healthy environments. The property on Salem
Avenue contains the educational building, parking lot, and playground area for
its Hurt Park Head Start Center and Domestic Violence Services Offices. The
property on Shenandoah Avenue contains the parking lot and playground area
for its Brandin Hardin Sims Head Start Center. At present, the total annual real
estate taxes on the three parcels are $3,521 on a total assessed value of
$288,600.
Considerations:
On May 19, 2003, City Council approved a revised policy and procedure in
connection with requests from non - profit organizations for tax exemption of
certain property in the City by Resolution 36331-051903, with an effective date
of January 1, 2003. Based on this policy and procedure, TAP has provided the
necessary information required for applications for exemptions that would take
effect July 1 , 2016.
As noted above, the assessed value of the three parcels is currently $288,600
with annual taxes due of $3,521. The organization is current on its taxes. In
lieu of the $3,521 in real estate taxes, the organization would agree to pay to
the City an annual service charge equal to twenty percent of the tax levy on the
parcel for as long as the exemption continues. In this case, based on the
current assessed value, the service charge amount would be $704.
Consequently, the City would be foregoing $2,817 annually in real estate
revenue.
Commissioner of the Revenue, Sherman Holland, has determined that the
organization is not exempt from paying taxes by classification or designation
under the Code of Virginia. The IRS recognizes the organization as a 501(c)(3)
tax - exempt organization.
Notification of a public hearing to be held June 20, 2016, was duly advertised in
the Roanoke Times.
Recommended Action:
Adopt an ordinance to authorize TAP'S exemption from real property taxation
pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective
July 1, 2016.
faaChristopher P. Morrill
City Manager
Distribution: Council Appointed Officers
Honorable Sherman A. Holland, Commissioner of the Revenue
Honorable Evelyn W. Powers, City Treasurer
Barbara A. Dameron, Director of Finance
R. Brian Townsend, Assistant City Manager for Community
Development
Sherman M. Stovall, Assistant City Manager for Operations
Amelia C. Merchant, Director of Management and Budget
Wallace H. "Pete" Clark III, Director of Property Management and
Maintenance, Total Action for Progress, 302 2n1 Street, S.W.,
Roanoke, VA 24011
tS� CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Chureh Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
'Felephune (541))853 -2541
Fax: (54(1)853 -1145
S'1'FI'IIANIIi M.MOONItEYNOI.DS,MMC t:nmil: elerkyl ronnokev".gov
('F.('rT1AF.M('('0l'
City ('1". k
Deputy City Clerk
April 2016
CECELIA1. WEBB, CMC
P
A,,i.mm Deputy City Clerk
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
I am attaching copies of petitions fled in the City Clerk's Office on Friday, April 15,
2016, from Total Action Against Poverty in the Roanoke Valley, a Virginia non - stock,
not - for -profit corporation, requesting exemption from taxation of real properties located
at 624 and 702 Shenandoah Avenue, S. W., Official Tax Map Nos. 2113201 and
2113105; and 2121 Salem Avenue, S. W., Official Tax Map No. 1210711, respectively;
TAAP Real Property I, LLC, a Virginia non - stock, not - for - profit corporation, requesting
exemption from taxation of real property located at 302 2nd Street, S. W., Official Tax
Map No. 1011502; and TAAP Real Property 11, LLC, a Virginia non - stock, not - for - profit
corporation, requesting exemption from taxation of real property located at 2121 Salem
Avenue, S. W.; Official Tax Map No. 1311221, pursuant to Section 58.1 -3651, Code of
Virginia (1950), as amended.
Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and
recommendation to City Council will have an effective date of July 1st. Petitions
forwarded by October 15 will have an effective date of January 1st.
Sincerely,
kL�l N ,�i1�oo,
Stephanie M. Moon Reynolds,
City Clerk
Attachment
PC: Annette Lewis, President, Total Action for Progress, P. O. Box 2868, Roanoke,
Virginia 24001
The Honorable Sherman A. Holland, Commissioner of the Revenue
Daniel J. Callaghan, City Attorney
Susan S. Lower, Director, Real Estate Valuation
R. B. Lawhorn, Budget Administrator
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN
PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE
CONSTITUTION OF VIRGINIA
TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF
ROANOKE:
Your Petitioner, TOTAL ACTION AGAINST POVERTY IN THE
la. ROANOKE VALLEY , a Virginia, non - stock, not for profit corporation
owns certain real property, located at 624 Shennandoah Ave and 702
Shennandoah Ave which property is City of Roanoke Tax Map ID
#2113201 and 2113105, with a total assessed value of $12,000 and
$48,000 and a total of $142.80 and $146.40 in real property taxes that
were paid or would have been paid in the most recent year, desires to be
an organization designated pursuant to the provisions of Sec. 58.1 -3651,
of the Code of Virginia, as amended, in order that the referenced real
property, to be used exclusively for charitable and benevolent purposes in
Total Action Against Poverty was incorporated on April 28, 1965. In October of that
same year, TAP opened its first year -round Head Start classroom, which was the first
school program in the Roanoke Valley integrated from its inception. Today, TAP
offers over 30 programs designed to give our clients a hand up.
(Describe proposed use n(real property, if applicable.)
be exempt from taxation under the provisions of Article X, Section 6
(a)(6) of the Constitution of Virginia so long as your Petitioner is operated
not for profit and the property so exempted is used in accordance with the
purpose for which the Petitioner is classified.
(if requesting exemption for personal property, complete section 1.6)
lb. Your Petitioner, ,
a Virginia, non- stock, not for profit corporation owns certain personal
property, located at in the City of Roanoke,
Virginia, with a total assessed value of S and a total of
$ in personal property taxes that were paid or would have been
paid in the most recent year, desires to be an organization designated
pursuant to the provisions of Sec. 58.1 -3651, of the Code of Virginia, as
amended, in order that the referenced personal property, to be used
exclusively for charitable and benevolent purposes in
(Describe proposed use of personal property, if applicable)
be exempt from taxation under the provisions of Article X, Section 6
(a)(6) of the Constitution of Virginia so long as your Petitioner is operated
not for profit and the property so exempted is used in accordance with the
purpose for which the Petitioner is classified.
2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge
in an amount equal to twenty percent (20 %) of the City of Roanoke tax levy,
which would be applicable to this real estate, were our organization not be tax
exempt, for as long as this exemption continues.
3. Your petitioner acknowledges and agrees that it will immediately notify both
the City of Roanoke Commissioner of the Revenue and the City of Roanoke
Treasurer in writing in each instance when the property, or any portion
thereof, is being leased to a third party and provide the City with a copy of the
fully executed lease. Your petitioner agrees to include a provision in all leases
of the properly that such third parties shall be responsible for paying the City
applicable leasehold taxes that may be assessed by the City. Petitioner
acknowledges that if the foregoing conditions are not met, the City reserves
the right to terminate the tax exempt status of the property.
4. Your Petitioner, if located within a service district, agrees to pay to the City of
Roanoke an annual service charge equal to the additional service district tax
that would be levied for as long as this exemption continues.
5. Your Petitioner agrees to provide information to the Director of Real Estate
Valuation upon request to allow a triennial review of the tax exempt status of
your Petitioner.
The following questions are submitted for consideration:
I_ (Q): Whether the organization is exempt from taxation
pursuant to Section 501 (c) of the Internal Revenue Code of
1954.
(A): Your Petitioner was granted exemption from
taxation pursuant to Section 501 (c) of the Internal Revenue
Code of 1954 on June 1965
2. (Q): Whether a current alcoholic beverage license for
serving alcoholic beverages has been issued by the Alcohol
Beverage Control Board to such organization for use on
such property.
(A): No
3. (Q): Whether any director, officer or employee of the
organization has been paid compensation in excess of a
reasonable allowance for salaries or other compensation for
personal services which such director, officer or employee
actually renders.
(A): No
(Q: Whether any part of the net earnings of such
organization inures to the benefit of any individual, and
whether any significant portion of the service provided by
such organization is generated by funds received from
donations, contributions or, local, state or federal grants.
As used in this subsection, donations shall include the
providing of personal services or the contribution of in -kind
or other material services.
(A): Yes
5. (Q): Whether the organization provides services for the
common good of the public.
(A): Your Petitioner provides services for the common
good of the public in as much as it provides a multitude
(Describe the public service)
of services geared towards helping individuals acheive
economic independence through education, childcare,
affordable housing and employment training.
6. (Q): Whether a substantial part of the activities of the
organization involves carrying on propaganda, or otherwise
attempting to influence legislation and whether the
organization participates in, or intervenes in, any political
campaign on behalf of any candidate for public office.
(A): No
7. (Q): Whether any rule, regulation, policy or practice of
the organization discriminates on the basis of religious
conviction, race, color, sex or national origin.
(A): No
(Q): Whether there is a significant revenue impact to the
locality and its taxpayers of exempting the property.
(A): No
9. (Q): Any other criteria, facts and circumstances, which
the governing body deems pertinent to the adoption of such
ordinance.
one
(Provide as neeusary /.
Note: All tax exemption petitions submitted for consideration by
City Council must be filed with the City Clerk's Office.
THEREFORE, your Petitioner, TOTAL ACTION AGAINST POVERTY
IN THE ROANOKE VALLEY respectfully requests to the Council of the
City of Roanoke that this real or personal property, or both, of your
Petitioner be designated exempt from taxation so long as your Petitioner is
operated not for profit and the property so exempt is used for the particular
purposes of providing
parking and playground space for our Head Start Center located at 702
Shennandoah Ave. The property and improvements are 100% under the
control and use of TAP. No part of the property or improvements is
leased to any outside concern.
(Repeat proposed me ofpropon).
Respectfully submitting this
15th day of April, Iti
By
President
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN
PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE
CONSTITUTION OF VIRGINIA
TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF
ROANOKE:
Your Petitioner, TOTAL ACTION AGAINST POVERTY IN THE
I a. ROANOKE VALLEY, a Virginia, non- stock, not for profit corporation
owns certain real property, located at 1633 Salem Ave in the City of
Roanoke, Virginia,
which property is City of Roanoke Tax Map ID #1210711 assessed value
of $227 900 and a total of $ 2.712.01 in real property taxes that were paid
or would have been paid in the most recent year, desires to be an
organization designated pursuant to the provisions of Sec. 58.1 -3651, of the
Code of Virginia, as amended, in order that the referenced real property, to
be used exclusively for charitable and benevolent purposes in
Total Action Against Poverty was incorporated on April 28, 1965. In
October of that same year, TAP opened its first vear -round Head Start
classroom, which was the first school program in the Roanoke Vailey
integrated from its inception. Today, TAP offers over 30 programs
designed to give our clients a hand up.
(Describe proposed use of real property, if applicable.)
be exempt from taxation under the provisions of Article X, Section 6
(a)(6) of the Constitution of Virginia so long as your Petitioner is operated
not for profit and the property so exempted is used in accordance with the
purpose for which the Petitioner is classified.
(if requesting exemption for personal property, complete section Lb)
lb. Your Petitioner,
a Virginia, non - stock, not for profit corporation owns certain personal
property, located at in the City of Roanoke,
Virginia, with a total assessed value of $ and a total of
$ in personal property taxes that were paid or would have been
paid in the most recent year, desires to be an organization designated
pursuant to the provisions of Sec. 58.1 -3651, of the Code of Virginia, as
amended, in order that the referenced personal property, to be used
exclusively for charitable and benevolent purposes in
(Describe proposed use of personal property, if applicable.)
be exempt from taxation under the provisions of Article X, Section 6
(a)(6) of the Constitution of Virginia so long as your Petitioner is operated
not for profit and the property so exempted is used in accordance with the
purpose for which the Petitioner is classified.
2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge
in an amount equal to twenty percent (20 %) of the City of Roanoke tax levy,
which would be applicable to this real estate, were our organization not be tax
exempt, for as long as this exemption continues.
3. Your petitioner acknowledges and agrees that it will immediately notify both
the City of Roanoke Commissioner of the Revenue and the City of Roanoke
Treasurer in writing in each instance when the property, or any portion
thereof, is being leased to a third party and provide the City with a copy of the
fully executed lease. Your petitioner agrees to include a provision in all leases
of the property that such third parties shall be responsible for paying the City
applicable leasehold taxes that may be assessed by the City. Petitioner
acknowledges that if the foregoing conditions are not met, the City reserves
the right to terminate the tax exempt status of the property.
4. Your Petitioner, if located within a service district, agrees to pay to the City of
Roanoke an annual service charge equal to the additional service district tax
that would be levied for as long as this exemption continues.
5. Your Petitioner agrees to provide information to the Director of Real Estate
Valuation upon request to allow a triennial review of the tax exempt status of
your Petitioner.
The following questions are submitted for consideration:
(Q): Whether the organization is exempt from taxation
pursuant to Section 501 (c) of the Internal Revenue Code of
1954.
(A): Your Petitioner was granted exemption from
taxation pursuant to Section 501 (c) of the Intemal Revenue
Code of 1954 on June 1965
2. (Q): Whether a current alcoholic beverage license for
serving alcoholic beverages has been issued by the Alcohol
Beverage Control Board to such organization for use on
such property.
(A): No
3. (Q): Whether any director, officer or employee of the
organization has been paid compensation in excess of a
reasonable allowance for salaries or other compensation for
personal services which such director, officer or employee
actually renders.
(A): No
(Q): Whether any part of the net earnings of such
organization inures to the benefit of any individual, and
whether any significant portion of the service provided by
such organization is generated by funds received from
donations, contributions or, local, stale or federal grants.
As used in this subsection, donations shall include the
providing of personal services or the contribution of in -kind
or other material services.
(A): Yes
5. (Q): Whether the organization provides services for the
common good of the public.
(A): Your Petitioner provides services for the common
good of the public in as much as it provides a multitude
(Dombe llte public sen ice)
of services geared towards helping individuals acheive
economic independence through education, cluldcare,
affordable housing an employment training.
6. (Q): Whether a substantial part of the activities of the
organization involves carrying on propaganda, or otherwise
attempting to influence legislation and whether the
organization participates in, or intervenes in, any political
campaign on behalf of any candidate for public office.
(A): No
7. (Q): Whether any rule, regulation, policy or practice of
the organization discriminates on the basis of religious
conviction, race, color, sex or national origin.
(A): No
8. (Q): Whether there is a significant revenue impact to the
locality and its taxpayers of exempting the property.
(A): No
9. (Q): Any other criteria, facts and circumstances, which
the governing body deems pertinent to the adoption of such
ordinance.
None
(Proride ns nr<essary).
Note: All tax exemption petitions submitted for consideration by
City Council must be filed with the City Clerk's Office.
THEREFORE, your Petitioner, TOTAL ACTION AGAINST POVERTY
IN THE ROANOKE VALLEY, respectfully requests to the Council of the
City of Roanoke that this real or personal property, or both, of your
Petitioner be designated exempt from taxation so long as your Petitioner is
operated not for profit and the property so exempt is used for the particular
purposes of providing a Head Start Center as well as a Domestic Violence
Center.
(Repeal proposed use ofp,openy).
Respectfully submitting this
15the day of April, 2016
By:
President
COMMISSIONER O, F'rTHE,RFy,�V,UE
CITY 0PWbA� " SHERN AN A. HOLLAND
M
Commissioner
.w ei GREGORY D pot, N
y� fhiereUly
April 11, 2016
Ms. Annette Lewis, President & CEO
Total Action For Progress
PO Box 2868
Roanoke, VA 24001
Re: Exemption of property owned by Total Action Against Poverty in
Roanoke Valley located at 1633 Salem Ave, SW
Parcel No. 1210711
Dear Ms. Lewis,
We received your letter requesting tax exemption from real estate taxes from the
City of Roanoke on the above captioned property. The above parcel is currently being
taxed by the City of Roanoke for real estate taxes for the 2015 -16 tax year. Based on the
information submitted, this property is not eligible for exemption by classification or
designation. However, you may submit a petition to the City Clerk's Office to apply for
an exemption for non -profit organizations through City Council.
Should you have any additional questions please do not hesitate to call.
Sincerely,
Sherman A. Holland
Commissioner of the Revenue
SAH /jec
Cc: Stephanie Moon Reynolds, City Clerk
R.B. Lawhom, Dept. of Management and Budget
215 Church Avenue SW, Room 251 - Roamke, Virginia 24011
Phone (540)853 -2521 i Fax (540)853 -1115 t wwa roanokegov. corn
COMMISSIONER OF'Pitifi' VEN `[JE
CITY OF ROANOKE
/t .w2y 6HLRMAN A. HOLLAND
Commissioner
V GREGORY S. EMERSON
C6lvmepmy
April 11, 2016
Ms. Annette Lewis, President & CEO
Iota[ Action For Progress
PO Box 2868
Roanoke, VA 24001
Re: Exemption of property owned by Total Action Against Poverty in Roanoke
Valley Inc., located at 702 Shenandoah Ave, NW (Parcel
No 2113105), 620 Shenandoah Ave, NW (Parcel No. 2113206) and
624 Shenandoah Ave, NW (Parcel No. 2113201)
Dear Ms. Lewis,
We received your letter requesting tax exemption from real estate taxes from the City of
Roanoke on the above captioned properties. Two of the above parcels are currently being taxed
by the City of Roanoke for real estate taxes for the 2015 -16 tax year, but 620 Shenandoah Ave,
NW (Parcel 2113206) is already exempt and only pays a Service Charge in Lieu of Tax. Based
on the information submitted, the other two properties are not eligible for exemption by
classification or designation, but you may submit a petition to the City Clerk's Office to apply for
an exemption for non - profit organizations through City Council for Parcel No. 2 113 105 and
Parcel No. 2113201.
In addition, the owner of this property, as set forth in the deed, is Total Action Against
Poverty in Roanoke Valley, Inc. According to the records at the office of the Virginia State
Corporation Commission, the name of the entity is Total Action Against Poverty in Roanoke
Valley. If you desire to apply to City Council for an exemption, you must identify the name of the
owner of the property as set forth in the deed to the entity and the application must be signed by
the entity using its legal name in the records of the Virginia State Corporation Commission.
Should you have any additional questions please do not hesitate to call.
Sincerely,
Sherman A. Holland
Commissioner of the Revenue
SAH /jec
Cc: Stephanie Moon Reynolds, City Clerk
R.B. Lawhorn, Dept. of Management and Budget
215 Church Avenue SW, Room 251 * Roanoke. Virginia 24011
,cnm
all xT a r. IsAn, RR _I I IS 1 wu.0 mimnYaom
COMMISSIONER OF THE REVENUE
-, OI PI €YkBi kYV27Ax u _ ir'
SHERMAN A. HOLLAND
Commissioner
d
B
GREGORY S. EMERSON
v: chirure,ty
April 11, 2016
Ms. Annette Lewis, President & CEO
Total Action For Progress
302 2"' Street, SW
Roanoke, VA 24011
Re: Exemption of property owned by TAAP Real Property I LLC and located
at 302 2nd Street, SW
Parcel No. 1011502
Dear Ms. Lewis,
We received your letter requesting tax exemption from real estate taxes from the
City of Roanoke on the above captioned property. The above parcel is currently being
taxed by the City of Roanoke for real estate taxes for the 2015 -16 tax year. Based on the
information submitted, this property is not eligible for exemption by classification or
designation. However, you may submit a petition to the City Clerk's Office to apply for
an exemption for non -profit organizations through City Council.
In addition, the owner of this property, as set forth in the deed, is TAAP Real
Property I, LLC. According to the records at the office of the Virginia State
Corporation Commission, the name of the entity is also TAAP Real Property I, LLC. If
you desire to apply to City Council for an exemption, you must identify the name of the
owner of the property as set forth in the deed to the entity and the application must be
signed by the entity using its legal name in the records of the Virginia State Corporation
Commission.
Should you have any additional questions please do not hesitate to call.
Sincerely,
Sherman A. Holland
Commissioner of the Revenue
SAH /jec
Cc: Stephanie Moon Reynolds, City Clerk
R.B. Lawhorn, Dept. of Management and Budget
215 Church Avenue SW, Room 251 + Roanoke, Vrgr.m 24011
Phone (540) 853 -2521 + Fax (540) 853 -1115 + www_roanokegm.rI'll
COMMISSIR� ±fig* flF #daR�VENUE
CIT OF��Ii�AbKE
SfIER'NAN A. HOLLAND
Commissioner
w GREGORY S. EMERSON
Chief Onpu,
li
April 11, 2016
Ms. Annette Lewis, President & CEO
Total Action For Progress
302 2o° Street, SW
Roanoke, VA 24011
Re: Exemption of property owned by TAAP Real Property II LLC and located
at 2121 Salem Ave, SW
Parcel No. 1311221
Dear Ms. Lewis,
We received your letter requesting tax exemption from real estate taxes from the
City of Roanoke on the above captioned property. The above parcel is currently being
taxed by the City of Roanoke for real estate taxes for the 2015 -16 tax year. Based on the
information submitted, this property is not eligible for exemption by classification or
designation. However, you may submit a petition to the City Clerk's Office to apply for
an exemption for non- profit organizations through City Council.
In addition, the owner of this property, as set forth in the deed, is TAAP Real
Property II, LLC. According to the records at the office of the Virginia State
Corporation Commission, the name of the entity is also TAAP Real Property II, LLC.
If you desire to apply to City Council for an exemption, you must identify the name of
the owner of the property as set forth in the decd to the entity and the application must be
signed by the entity using its legal name in the records of the Virginia State Corporation
Commission.
Should you have any additional questions please do not hesitate to call.
Sincerely,
lole_ �
Sherman A. Holland
Commissioner of the Revenue
SAH /jec
Cc: Stephanie Moon Reynolds, City Clerk
R.B. Lawhom, Dept. of Management and Budget
215 Church Avenue SW, Roam 251 + Reanoke, Virginia 24011
Phone (540) 853 -2521 , Fax (540) 853 -1115 + nnv,,,oanokegov co.
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
TAP - DIRECTOR OF PROPERTY MANAGEMENT
& MAINTENANCE
Atln Wallace H. "Pete" Clark
STEPHANIE M. MOON REYNOLDS, MMC, CITY
CLERK
CITY OF ROANOKE, NOEL C. TAYLOR
MUNICIPAL BUILDING
Account Number
6052337
Date
June 10, 2016
Date
Category
Description
Ad Size
Total COSt
06/1612015
Municipal Notices
NOTICE OF PUBLIC HEARING
Notice is hereby given that th
1 x 75 L
41100
Publisher of the
NOTICE OF PUBLIC HEARING Roanoke Times
Notice Is hereby given that the City
ndI of the City of Roanoke will hold
e public hearing at its regular meeting
I, an authorized representative of the
re be held on Monday, June 20. 2016,
(the undersigned)
commencing as the matter may rbe as soon
sing at 2:00 p.m.. o
Roanoke Times, a daily newspaper published in Roanoke, in the
in Me Council Chamber. ath FIOOq Noel
C Municipal Building. 215
State of Virginia, do certify that the annexed notice NOTICE OF
Church Avenue. S.W.. Roanoke.
Virginia,
PUBLIC HEARING was published in said newspapers on the
an r:.'hpureleialkm .1 email se..1
am5e�d e.dapprrovingg the request .1
following dates:
designation of Its real property As
exempt from taxation.
Th. Applicant requests tax Oxem o....
an [Free (3) parcels of real property lied and used by the Applicant
within the Clry of Roanoke, and
described as follows:
Property Address I Official Tax Map No.
1633 Salem Avenue. S.W. 1 1210]11
702 Shenandoah Avenue. N.W. 1 2113105
624 Shenand03h Avenue. N.W. 1 2113201
The rent a sed vanes of me
three (3i parcels Band the taxes for the
ost recent Cr. v old for cam of
the three (3) parcels are as follows:
OtFlCial Tax Map No.1 A setl Value I
Most Recent Tax Payment
2 a.Jt.s 1$a8'7.a.8 11 $194138
21132021$12,0oo. 0. $Jasao
The aggregate loss Of revenue o Me
City of Roanoke if the real —tat <
exemptions are granted is $2.816.73
cagy. pear a aerl,me ma-ge of tom
of the a ual real estate tax a setl
an such real estate is levied in lieu
oftaxes.
Citizens and other Interested persons
shag have the opportunity to be heard
and express their opinions on ms
matter as the public Fearing.
If you a a person with A disability
who needs a modatlore for this
public hearing` contact the Guy Clerk's
Office, (540) 853 -2501. by 12:00 noon on
Thursday. June 16, 2016.
GIVEN under my hand this 6th day of
June.2026.
Stephanie M. Moon Reynolds.
City Clerk
(331625)
06/10/2016
The First insertion being given ... 06110/2016
Newspaper referenZi
Billing Fupresentative
Sworn to and subscribed before me this Friday, June 10, 2016
Notary
State of Virginia
City/County of Roanoke
My Commission expireSA
M.........
f ✓YLL'. ^nN -,ION
—uem ki—A eau I to va— el A V cTb^Io rahff%hlIz TU A a1V%O1lI rVYnu
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular
meeting to be held on Monday. June 20, 2016, commencing at 2:00 p.m., or as soon thereafter as the matter may
be heard, in the Council Chamber, 4" Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia, on the question of adoption of an ordinance pursuant to Section 58.1 -3651, Code of Virginia
(1950), as amended, approving the request of Total Action Against Poverty in Roanoke Valley, trading as Total
Action for Progress, ( "Applicant ") for designation of its real property as exempt from taxation.
The Applicant requests tax exemptions on three (3) parcels of real property owned and used by the Applicant
within the City of Roanoke, and described as follows:
Property Address Official Tax Man No.
1633 Salem Avenue, S.W. 1210711
702 Shenandoah Avenue, N.W. 2113105
624 Shenandoah Avenue, N.W. 2113201
The current assessed values of the three (3) parcels and the taxes for the most recent tax year paid for each of the
three (3) parcels are as follows:
Official Tax Map No. Assessed Value Most Recent Tax Payment
1210711 $227,900.00 $1780.38
2113105 $48,700.00 $594.13
2113201 $12,000.00 $146.40
The aggregate loss of revenue to the City of Roanoke if the real estate tax exemptions are granted is
$2,816.73 annually, after a service charge of 20% of the annual real estate tax assessed on all such real estate is
levied in lieu of taxes.
Citizens and other interested persons shall have the opportunity to be heard and express their opinions on this
matter as the public hearing.
If you are a person with a disability who needs accommodations for this public hearing, contact the City
Clerk's Office, (540) 853 -2541, by 12:00 noon on Thursday, June 16, 2016.
GIVEN under my hand this 6thday of June, 2016.
Stephanie M. Moon Reynolds, City Clerk
PLEASE PUBLISH ONCE IN THE LEGAL ADS, ROANOKE TIMES, ON FRIDAY,
JUNE 10, 2016.
Send Publishers Affidavit to:
Stephanie M. Moon Reynolds, MMC, City Clerk
City of Roanoke
Noel C. Taylor Municipal Building
Room 456
215 Church Avenue, S.W.
Roanoke, VA 24011
540- 853 -2541
RM
Wallace H. "Pete" Clark
Director of Property Management & Maintenance
Total Action for Progress
P.O. Box 2868
Roanoke, VA 24001 -2868
(540) 767 -6221
Msiamnl Ihpuly city Clerk
Daniel D. Miles
Chief Executive Officer
Roanoke Valley Resource Authority
1020 Hollins Road, N. E.
Roanoke, Virginia 24012
Dear Mr. Miles:
I am enclosing attested copies of the following three resolutions in connection with the
proposed joinder of City of Salem with the Roanoke Valley Resource Authority:
Resolution No. 40545- 062016 approving the reorganization and expansion of the
Roanoke Valley Resource Authority by providing that the City of Salem, Virginia, join the
Authority, approving and authorizing the execution of Amended and Restated Articles of
Incorporation of the Roanoke Valley Resource Authority to accomplish such joinder; and
authorizing the appropriate public officials to take any actions and execute any
documents necessary to accomplish such matters, all in accordance with the provisions
of the Code of Virginia (1950), as amended. Furthermore, pursuant to Section 6, the
Amended and Restated Articles of Incorporation of the Roanoke Valley Authority shall
be deemed amended, restated and effective upon the date of issuance of a Certificate
of Joinder and /or restatement by the Virginia State Corporation Commission as
provided for in Section 15.2 -5112 of the Code of Virginia (1950), as amended.
Resolution No. 40546 - 062016 authorizing the adoption of an Amended and Restated
Roanoke Valley Resource Authority Members and Facilities Use Agreement, upon
certain terms and conditions.
Resolution No. 40547- 062016 authorizing and providing for an additional period of time
for the Roanoke Valley Authority to exist as a corporation, upon certain terms and
conditions.
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Rommke, Virginia 24011 -1536
'I elyLuae: (541))X53 -2541
Enr: (5411)853 -1145
S'I'11PI IAN I L: Nf. MOON REYNOLDS, MM('
L %mail: ell. h(n nuum kr,ra.,,
('iry. ('lerk
('M('EI.IA f.M('('OY
Deputy ('ily Orrk
June 21, 2016 M EILIA T. WE:nn,cM('
Msiamnl Ihpuly city Clerk
Daniel D. Miles
Chief Executive Officer
Roanoke Valley Resource Authority
1020 Hollins Road, N. E.
Roanoke, Virginia 24012
Dear Mr. Miles:
I am enclosing attested copies of the following three resolutions in connection with the
proposed joinder of City of Salem with the Roanoke Valley Resource Authority:
Resolution No. 40545- 062016 approving the reorganization and expansion of the
Roanoke Valley Resource Authority by providing that the City of Salem, Virginia, join the
Authority, approving and authorizing the execution of Amended and Restated Articles of
Incorporation of the Roanoke Valley Resource Authority to accomplish such joinder; and
authorizing the appropriate public officials to take any actions and execute any
documents necessary to accomplish such matters, all in accordance with the provisions
of the Code of Virginia (1950), as amended. Furthermore, pursuant to Section 6, the
Amended and Restated Articles of Incorporation of the Roanoke Valley Authority shall
be deemed amended, restated and effective upon the date of issuance of a Certificate
of Joinder and /or restatement by the Virginia State Corporation Commission as
provided for in Section 15.2 -5112 of the Code of Virginia (1950), as amended.
Resolution No. 40546 - 062016 authorizing the adoption of an Amended and Restated
Roanoke Valley Resource Authority Members and Facilities Use Agreement, upon
certain terms and conditions.
Resolution No. 40547- 062016 authorizing and providing for an additional period of time
for the Roanoke Valley Authority to exist as a corporation, upon certain terms and
conditions.
Daniel D. Miles
June 21, 2016
Page 2
The abovementioned resolutions were adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, June 20, 2016.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosures
PC: Peggy Bishop, Secretary, Roanoke Valley Resource Authority, 1020 Hollins
Road, N. E., Roanoke, Virginia 24012
Thomas C. Gates, County Administrator, Roanoke County, 5204 Bernard Drive,
Roanoke, Virginia 24018 -0798
Deborah C. Jacks, Chief Deputy Clerk, Roanoke County Board of Supervisors,
5204 Bernard Drive, Roanoke, Virginia 24018 -0798
Barry W. Thompson, Town Manager, Town of Vinton, 311 S. Pollard Street,
Vinton, Virginia 24179
Susan Johnson, Executive Assistant/Town Clerk, Town of Vinton, 311 S. Pollard
Street, Vinton, Virginia 24179
Kevin S. Boggess, City Manager, City of Salem, 114 North Broad, Street,
Salem, Virginia 24153
James E. Taliferro, ll, Clerk of Council, Salem City Council, 114 North Broad,
Salem, Virginia 24153
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Michael B. Shockley, Director, General Services
IN 'I III[ COUNCIL OF I'III: CITY OF ROANOKE, VIRGINIA
The 20th day of Junc, 2016.
No. 40545 - 062016.
A RkSOLII"IION approving the reorganization and expansion of the Roanoke Valley
Resouru Authority ( "Authority ") by providing Ihat the City of Salon, Virginia, join the
Authority, approving and authorizing the execution of Amended and Restated Articles of
Incorporation of the Roanoke Valley Resource Authority to accomplish such joinder, and
authorizing the appropriate public officials to take any actions and execute any dOemnentS
necessary to accomplish such matters, all in accordance with the provisions of the Code of
Virginia (1950), as amended.
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, the Council of the
City of Roanoke, Virginia, the Council of the Town of Vinton, Virginia, and the Council of the
City of Salem, Virginia, have determined that it is in their best interests to authorize the City of
Salem to become a member of the existing Roanoke Valley Resource Authority, pursuant to the
provisions of the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2, sections
15.2 -5100, et seq. of the Code of Virginia (1950), as amended, ( "Act ");
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, the Council of the
City of Roanoke, Virginia, the Council of the Town of Vinton, Virginia, and the Council of the
City of Salem, Virginia do by concurrent resolutions provide for the joinder of the City of Salem
to the Roanoke Valley Resource Authority pursuant to Section 15.2 -5112 of the Act;
WHEREAS, after proper advertisement, public hearings have been held in accordance
with the requirements of the Act; and
WHEREAS, the Roanoke Valley Resource Authority has, by resolution, expressed its
consent to the joining of the City of Salem to become it member of the existing Roanoke Valley
Resource Authority.
NOW, TIIRRITORE, [IF IT RF:SOI.VED by the Roanoke City Council, Virginia, as
follows:
I. Council hereby determines that it is in the best interest of the citizens of the City
of Roanoke, Virginia, that the City of Salem, Virginia, join and become a member of the
Roanoke Valley Resource Authority and approves the terms of the Amended and Restated
Articles of Incorporation of the Roanoke Valley Resource Authority as contained in Section 6 of
this resolution.
2. Council hereby authorizes tine Mayor and the City Clerk to execute and attest or
witness, respectively, such Amended and Restated Articles of Incorporation of the Roanoke
Valley Resource Authority in a form substantially similar to those set forth in Section 6 below,
with such minor revisions and adjustments as the Mayor or the City Manager shall approve.
3. Council hereby agrees that (lie Authority shall be reorganized and expanded in
accordance with the terms of the Amended and Restated Articles of Incorporation of the
Roanoke Valley Resource Authority mentioned above upon the issuance of a Certificate of
Joinder and /or Restatement issued by the Virginia State Corporation Commission,
4. Council does hereby FIND as a matter of fact that inclusion in the Amended and
Restated Articles of Incorporation of the Roanoke Valley Resource Authority of preliminary
estimates of capital costs, proposals for any specific projects to be undertaken by the Authority,
and preliminary estimates of initial rates for services of such projects as certified by responsible
engineers is impractical.
2
5. As provided for in the Amended and Restated Articles of Incorporation of the
Roanoke Valley Resource Authority, Council hereby appoints the following two (2) persons to
be the City of Roanoke representatives and that such persons' initial terms will start oil the date
of issuance by the Virginia State Corporation Commission of a Certificate of Joinder and /or
Restatement and expire on the dates indicated next to their names.
City of Roanoke Appointees
NAME
ADDRESS
EXPIRATION OF INITIAL
Michael Shockley
City of Roanoke
Dece
215 Church Avenue, S. W.
Room 354
__Roanoke,
Virginia 24011
Robert "Bobby" Edwards
3045 Poplar Lane
Dec
_
Roanoke, Virginia 24014
Upon expiration of the initial term of office, and any future term of office, the Council shall
appoint a person (who can be the same person whose term expired) to be a member of the Board
of the Authority for four (4) years from the date of the initial expiring term and any future
expiring term of office. The total number of members that the City of Roanoke, Virginia, will
have on the Board of the Authority will be two (2) members.
6. The Amended and Restated Articles of Incorporation of the Roanoke Valley
Authority are set forth below. They shall be deemed amended, restated, and effective upon the
date of issuance of a Certificate of Joinder and /or Restatement by the Virginia State Corporation
Commission as provided for in Virginia Code Section 15.2 -5112.
3
AMENDED AND Rt STATI-:D ARTICLES OF INCORPORATION
OFT 11E
ROANOK E VALLEY RI;SOURCE AUTHORITY
The Board of Supcivisors of Roanoke County, the Town Council of the Town of Vinton,
the City Council of the City of Roanoke, and the City Council of the City of Salem have by
concurrent resolution adopted the following Amended and Restated Articles of Incorporation of
the Roanoke Valley Resource Authority pursuant to the Virginia Water and Waste Authorities
Act, Chapter 28, 'Title 15.2, sections 152 -5100, et seq, of the Code of Virginia (1950), as
amended, ('Act-):
(1) The name of the Authority shall be the Roanoke Valley Resource Authority and
the address of its principal office is 10201lollins Road, N.E., Roanoke, Virginia 24012.
(2) The names of the participating political subdivisions are the County of Roanoke,
Virginia; the City of Roanoke, Virginia; the 'town of Vinton, Virginia; and the City of Salem,
Virginia. The County of Roanoke, the City of Roanoke, the Town of Vinton, and the City of
Salem, as the incorporating political subdivisions, hereby acknowledge, covenant, and agree that
these Amended and Restated Articles of Incorporation shall not be firrther amended or changed
without the express agreement of each of the governing bodies of each of the incorporating
political subdivisions.
Neither of the following actions shall be taken or permitted to occur by the Authority
without the consent of the City of Roanoke and the County of Roanoke as expressed by the
affirmative vote of all City and County representatives on the Authority:
(a) Any change in the terms and conditions of design or operation of the
Transfer Station located in the City of Roanoke as set forth in the Solid Waste Transfer
Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility
4
Operating Criteria, dated May 21, 1991, as approved by the Roanoke City Planning
Commission on .tune 5, 1991, and the NO A and Part B applications for the Transfer
Station as approved by the Commonwealth of Virginia, or use by any persons or entities
other than City of Roanoke, County of Roanokc, Town of Vinton, the City of Salem or
any other local government entity, located wholly m partially within a sixty (60) mile
radius of the Authority's property and under contractual obligation with the Authority to
bring acceptable waste generated within said local government entity's jurisdiction to an
Authority facility;
(b) Any change in the terms and conditions of the design or operation of the
Landfill located in Roanoke County as set Forth in the special use permit mid the Landfill
Permit Conditions and Operating Policies, Action 62789 -10 and Resolution 62789 -12,
each dated June 27, 1989, and the Part A and Part B applications for the Landfill as
approved by the Commonwealth of Virginia.
(c) Since the Landfill and Transfer Station are scarce and valuable resources,
and because the participating political subdivisions have a common interest in insuring
that the Landfill is used in the best possible and most efficient mamter, the participating
political subdivisions agree that Authority membership and operation and use of the
Transfer Station and Landfill shall be governed by the terms and conditions of the
Amended and Restated Roanoke Valley Resource Authority Members and Facilities Use
Agreement ( "Use Agreement'), dated as of July 1, 2016, and as such Use Agreement
may be further amended from time to time.
(3) The names, addresses, and initial terns of office of the members of the Board of
the Roanoke Valley Resource Authority ( "Authority ") are as follows:
5
Name.
Address
Term Iixoires
I. Anne -Marie Gicen
Roanoke County
12/31/2019
1216 Kessler Mill Road
Salcm, Virginia
(Roanoke County)
2. Rebecca Owcns
Roanoke County
12/31/2018
P.O. Box 29800
Roanoke, Virginia 24018
(Roanoke County)
3. Keith Garman
8538 Bradshaw Road
12/31/2017
Salem, Virginia
(Roanoke County)
4. Dennis Nalley
8301 Benybrook Drive
12/31/2017
Salem, Virginia 24153
(Roanoke County)
5. 'Thomas C. Gates
5204 Bernard Drive
12/31/2019
Roanoke, Virginia 24018
(Roanoke County)
6. Michael Shockley
City of Roanoke
12/31/2018
215 Church Avenue, SW
Room 354
Roanoke, Virginia 24011
(Roanoke City)
7. Robert `Bobby" Edwards
3045 Poplar Lane
12/31/2019
Roanoke, Virginia 24014
(Roanoke City)
8. Joey Hiner Town of Vinton 12/31/2019
311 S. Pollard Street
Vinton, Virginia 24179
(Town of Vinton)
9. Norman Michael Tyler 114 N. Broad Street 12/31/2019
Salem, Virginia 24153
(City of Salem)
m
, I'll e forms of o Il cc of each of the members shall beCoInC effective on the dote of issuance
of a ccrtilicatc of joinder for the Authority by the Slate Corporation Commission in accordance
with Section 15.2-51 1? of the Act and shall expire on the date indicated above. Upon expiration
of the foregoing terms, the governing body of each participating political subdivision shall
appoint the number of members, who may be members of the governing body, set forth opposite
its name below:
County of Roanoke— l
live
It being the intention of these Articles that the governing body of the County of Roanoke
shall always appoint a majority of the members, whenever an additional political subdivision
shall join the Authorhy, the governing body of the County of Roanoke shall be entitled to
appoint one w more additional members in order to maintain such majority. After expiration of
the terms set forth above, each member shall be appointed for a fore -year term or until his
successor is appointed and qualified. Any additional members appointed by the County of
Roanoke to maintain its majority shall also be appointed for four -year terms. The governing
body of each political subdivision shall be empowered to remove at any time, without cause, any
member appointed by it and appoint a successor member to fill the unexpired portion of the
removed member's term. Each member may be reimbursed by the Authority for the amount of
actual expenses incurred by him or her in the performance of his or her duties.
(4) The purpose for which the Authority is to be formed is to exercise all the powers
granted to the Authority to acquire, finance, construct, operate, manage, and maintain a garbage
and refuse collection and disposal system and related facilities pursuant to the Act. For purposes
of these Articles, and any contracts or documents entered into on behalf of the Authority,
ri
"garbage and refuse collection and disposal system and related facilities" shall mean the
collection and disposal of garbage and refiiso st and through one or more transfer facilities
owned and operated by the Authority and the associated landfill or disposal operations and
including the authority to engage in or provide for residential and /or commercial garbage and
refuse collection services. The Authority shall contract with the County of Roanoke, the City of
Roanoke, the Town of Vinton, and the City of Salem to furnish garbage and refuse collection and
disposal services upon identical terms and conditions including the same schedule of service
rates, fees, and charges of all types which shall be uniformly applicable to all such political
subdivisions. Subject to the terms of the Use Agreement, the Authority may contract with other
political subdivisions to furnish garbage and trash disposal services upon such terms as the
Authority shall determine. The Authority may contract to make host locality payments to
Roanoke County, the City of Roanoke, the City of Salem, and the Town of Vinton to compensate
such localities in consideration of location of facilities within their communities and \or for their
support of the Authority. It is not practicable to set forth herein information regarding
preliminary estimates of capital costs, proposals for specific projects to be undertaken, or initial
rates for proposed projects.
(5) The Authority shall serve the County of Roanoke, the City of Roanoke, the Town
of Vinton, the City of Salem, and to the extent permitted by the Act and by the terms of these
Articles and the Use Agreement, such other public or private entities as the Authority may
determine upon the terms and conditions established pursuant to such contracts.
(6) The Authority shall cause an annual audit of its books and records to be made by
the State Auditor of Public Accounts or by an independent certified public accountant at the end
of each fiscal year and a cerlifed copy thereof to be fled promptly Willi the governing body of
each ofthc participating political subdivisions.
IN W1I'NRSS WHEREOF the Board oJ'StTelviso's of Roanoke County, Virginia, the
'town Council of the Town of Vinton, the Cily Council of the City of Roanoke, Virginia, the
City Council of the City of Salem, Virginia, and the Board of Directors of the Roanoke Valley
Resource Authority have causer) these Amended and Restated Articles of Incorporation to be
executed in their respective names, and their respective seals have been affixed hereto and
attested by the respective secretaries and/or clerks of each.
ROANOKE VALLEY RESOURCE
AUTHORITY
By:
Name: Anne Marie Green
Chair
Attest: (SEAL)
Peggy Bishop , Secretary
ROANOKE COUNTY, VIRGINIA
M3
Name: P_Jason Peters
Chair, Board of Supervisors
CITY OF ROANOKE, VIRGINIA
By:
Name: David A. Bowers
Mayor
Attest: (SEAL)
Stephanie M. Moon Reynolds, City Clerk
CITY OF SALEM, VIRGINIA
By:
Name: Byron R. Foley
Mayor
Attest: (SEAL) Attest: (SEAL)
Deboah C. Jacks, Chief Deputy Clerk James E. 'Paliferro, II, Clerk of Council
9
TOWN Ol' VINTON, VIRGINIA
By:
Name: l3lacdey F. Grose
Mayor
Attest (S1iA [,)
Susan N. Johnson, Town Clerk
lSnd of Form of Articles
7. A copy of the Amended and Restated Roanoke Valley Resource Authority
Members and Facilities Use Agreement is available for inspection in the Office of the Roanoke
City Clerk, Room 456, Municipal Building, Office of the Clerk to the Roanoke County Board,
5204 Bernard Drive, Fourth Floor, Roanoke, Virginia 24018, Office of the Vinton Town
Manager, 311 South Pollard Street, Vinton, Virginia 24179, and Office of the City of Salem
Clerk of Council, 114 North Broad Street, Salem, Virginia 24153, and also at the Executive
Offices of the Roanoke Valley Resource Authority located at 1020 Hollins Road, N.S., Roanoke,
Virginia 24012.
8. (i) Privately -owned sanitary landfill services are not available in a reasonable and cost
efficient manner, and (it) Operation by the Roanoke Valley Resource Authority of a sanitary
landfill and any related facilities and \or the contract for such operation in spite of any potential
anti - competitive effect is important to provide for the development and /or operation of a regional
system of garbage and refuse collection and disposal for the County of Roanoke, the City of
Roanoke, the Town of Vinton, the City of Salem, and such other governmental units or private
entities as the Authority may determine.
9. The Council further authorizes the Mayor and /or the City Manager to take any action
and execute any documents, including the Application for Joinder, necessary to accomplish the
10
maticrs set forth in this resolution and to cause the Amended and Restated Arlicics of
Incorponitioo of the Roanoke Valley Resource Authority o) become effective so that the City of
Salem, Virginia, becomes a owmhcr of llic Authonly.
10. "Chat this resolution shall take effect immediately upon its adoption.
ATTEST
9 �n,h
City Oct k.
1
r 5'
IN 1J IF COUNCIL OF TI IF CITY OF ROANOKIE, VIRGINIA
The 20th day of June, 2016.
No. 40546- 062016.
A RESOLUTION authorizing the adoption of-an Amended and Restated Roanoke Valley
Resource Authority Members and Facilities Use Agreement, upon certain terms and conditions.
WHEREAS, the County of Roanoke ( "County "), the City of Roanokc ( "City "), the Town
of Vinton ( "Town "), and the Roanoke Valley Resource Authority ( "Authority ") entered into the
Roanoke Valley Resource Authority Members Use Agreement dated October 23, 1991,
( "Members Use Agreement"), as amended by the First Amendment dated .June 1, 1992, the
Second Amendment dated December 2, 1996, the Third Amendment dated February 1, 1999, the
Fourth Amendment dated April 1, 2005, and the Fifth Amendment dated March 23, 2009, by
which the Authority agreed to acquire, construct, and equip a regional waste disposal system
consisting of a landfill and transfer station and related structures and equipment ( "System "), and
to provide financing therefor in order to dispose of all non - hazardous waste delivered to such
system;
WHEREAS, the County, City, Town, Authority, and City of Salem have all determined
that the City of Salem's joinder to the Authority is in their best interests and each jurisdiction has
adopted an appropriate resolution to that effect; and
WHEREAS, the County, City, Town, Authority, and City of Salem desire to further
amend and restate the Members Use Agreement to provide for the terms and conditions
applicable to the City of Salem's joinder as a member of the Authority as well as the terms,
conditions, and provisions applicable to the operation and use of the expanded System by all
authorized users.
NOW, TIlFRI?PORF, BE IT RFSOLVFO by the Roanoke City Council a s follows:
I. ]he Amended and Restated Roanoke Valley Resource Authority Members
Facilities and Use Agreement is hereby approved in substantially the Ibnn attached as F,xhibit
"A" to the City Council Agenda Report dated .tune 20, 2016,
2. The City Mrutager and City Clerk arc authorized to execute and attest,
respectively, in it form approved by the City Attorney, said Amended and Restated Roanoke
Valley Resource Authority Members Facilities and Use Agreement, to include such changes as
the City Manager shall deem appropriate andlor necessary to carry out the purposes expressed
therein.
3. The City Manager is authorized to take such further actions and execute
additional documents, in a form approved by the City Attorney, as may be necessary or
appropriate to implement and administer said Amended and Restated Roanoke Valley Resource
Authority Members Facilities and Use Agreement.
4. This resolution shall take effect immediately upon its adoption.
�..J/(�LATTEST: yy�
City Clerk. 1
2
IN 1111; C'OUNC'IL OP'I Ilif C'I'IY UI' ROANOIC1t, VIRGINIA
The 20th day of .fungi, 2016.
No. 40547 -062016.
A RIiSOLU PION authorizing and piaviding loran additional period of time for the Roanoke
Valley Resource Authority to exist as a corporation, upon certain tel and conditions.
WIIEREAS, pursuant to Section 15.2 - 5114(1) of the Code of Virginia (1950), as unleaded,
the Roanoke Valley Resource Authority was created and incorporated on August 25, 1989, to exist
for a term of 50 years as a corporation;
WHEREAS, said Section 15.2 - 5114(1) states that an authority may exist for such further
period or periods as may from time to time be provided by appropriate resolutions of the political
subdivisions which are members of the authority, provided, however, the term of an authority shall
not be extended beyond a date 50 years from the date of the adoption of such resolutions; and
WHEREAS, the County of Roanoke, the City of Roanoke, the Town of Vinton, and the City
of Salem desire to provide by resolutions for an additional period of time for the Roanoke Valley
Resource Authority to exist as a corporation as authorized and provided by Section 15.2 - 5114(1) of
the Code of Virginia (1950), as amended.
NOW, THEREFORE, BE IT RESOLVED that the Roanoke City Council, hereby authorizes
and provides that the Roanoke Valley Resource Authority shall exist as a corporation for a further
period of time ending oil and not to extend beyond January 1, 2066, as authorized and provided by
Section 15.2 - 5114(1) of the Code of Virginia (1950), as amended; and
BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon its
adoption.
ATTEST-
City CI
COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: Proposed Joinder of City of Salem with the Roanoke Valley
Resource Authority (CM 16-00070)
Background:
On August 25, 1989, the Roanoke Valley Resource Authority (RVRA) was created
and incorporated to exist for a 50 year term expiring in 2039 for refuse
disposal services. The founding members include the City of Roanoke,
Roanoke County and the Town of Vinton. As a part of membership, the City of
Roanoke receives an annual community host fee of $100,000 from RVRA.
In June 2015, RVRA responded to a Request for Proposals from the City of
Salem, VA for refuse disposal and management of its transfer station. RVRA
was subsequently interviewed by the City of Salem for this purpose. On May 9,
2016, the City of Salem announced its intentions to join RVRA under a mutual
agreement.
On May 10, 2016, the RVRA Board of Directors approved a resolution formally
supporting the City of Salem to join RVRA. Each jurisdiction is required to hold
a public hearing authorizing amendments to RVRA's Articles of Incorporation to
allow the City of Salem to become a member. On May 16, 2016, City Council
authorized a public hearing to be held on June 20, 2016, at 2:00pm, or as soon
thereafter as the matter may be reached, to consider RVRA's Amended and
Restated Articles of Incorporation. The City advertised notice of the public
hearing at least 30 days prior to June 20, 2016.
Considerations:
The proposed Amended and Restated Roanoke Valley Resource Authority
Members and Facilities Use Agreement includes the conveyance of the Salem
Transfer Station and all related existing equipment to RVRA, with a current
value of approximately $3.7 million. RVRA has agreed to pay the City of Salem
approximately $1.8 million to retire the existing debt on the transfer station.
The Amended and Restated Roanoke Valley Resource Authority Members and
Facilities Use Agreement is attached to this Report.
Additionally, the community host fees will be increased by $50,000 to Roanoke
County, and Cities of Salem and Roanoke. The Town of Vinton will receive
$5,000 annually. Both the Cities of Salem and Roanoke will receive annually
$150,000 in community host fees.
RVRA has sufficient reserve funding and operating revenue to accommodate
these terms.
The City of Salem's joinder provides financial benefits to both RVRA and the
City of Roanoke by stabilizing tipping fee increases due to additional refuse
tonnages. This will also enable RVRA to invest in the modernization of disposal
equipment and transportation.
Finally, with only 23 years remaining of the initial 50 year term, RVRA will begin
to have limited access to capital markets. In order for RVRA to maintain access
to bond markets and meet operational needs, the extension of their operating
life will be required. The proposed 50 year extension to January 1, 2066, will
allow RVRA to issue long term revenue bonds as needed.
Pursuant to Section 15.2 -5112, Code of Virginia (1950), as amended, City
Council approval and adoption of a resolution are required to adopt these
amendments.
Recommended Action
Open the public hearing and receive comments from citizens and other
interested parties regarding the proposed joinder of the City of Salem to the
RVRA. Absent public comments needing further consideration, approve the
reorganization and expansion of the RVRA by providing that the City of Salem,
Virginia, join the RVRA and adopt the attached resolution.
Approve and authorize the execution of (1) an Amended and Restated Articles
of Incorporation of the Roanoke Valley Resource Authority and the
appointments of Michael Shockley and Robert "Bobby" Edwards as the
appointees of the City of Roanoke to serve on the Roanoke Valley Resource
Authority, and (2) an Amended and Restated Roanoke Valley Resource Authority
Members and Facilities Use Agreement to accomplish such joinder. Authorize
the appropriate public officials to take any actions and execute any documents,
approved as to form by the City Attorney, necessary to accomplish such
matters, all in accordance with Section 15.2 -5112, Code of Virginia (1950), as
amended.
Adopt the accompanying resolution providing for an extension of time for the
Roanoke Valley Resource Authority to continue its existence as a corporation to
January 1, 2066.
f&Uor Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
Barbara A. Dameron, Director of Finance
Sherman M. Stovall, Asst. City Manager for Operations
Michael B. Shockley, Director of General Services
AMENDED AND RESTATED
ROANOKE VALLEY RESOURCE, AUTIIORITY
MEMBERS AND FACILITIES USE AGRF,EMENT
'1'I1IS AMENDED AND RE'-STATED MEMBERS AND FACHTI'IES USE
AGREEMENT ( "Agreement ") dated as of the Ist day of .July, 2016 by and between the
Roanoke Valley Resource Authority, ( "Authority "), a public hotly politic and anporate, and the
County of Roanoke, a political subdivision of the Commonwealth of Virginia, ("County"), the
City of Roanoke, a municipal corporation of the Commonwealth of Virginia, ("City"), the Town
of Vinton, a municipal empotation of the Commonwealth of Virginia ("Town'), and the City of
Salem, a municipal corporation of the Commonwealth of Virginia ( "Salem ").
RECITALS
WHEREAS, the members of the Roanoke Valley Resource Authority, the Board of
Supervisors of Roanoke County, the City Council of the City of Roanoke, the Town Council of
the Town of Vinton, have signified their intention to amend the Articles of Incorporation of the
Roanoke Valley Resource Authority to provide that the City of Salem shall become a member of
the Authority pursuant to the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2,
Code of Virginia (1950), as amended ( "Act "). A copy of the proposed Amended and Restated
Articles of Incorporation for the Authority is attached hereto and incorporated by reference
herein as Exhibit "A';
WHEREAS, the Authority, the County, the City, and the Town have previously entered
into this Members Use Agreement originally dated October 23, 1991, as amended by five (5)
amendments dated June I, 1992 (First Amendment), December 2, 1996 (Second Amendment),
February I, 1999 (Third Amendment), April 1, 2005 (Fourth Amendment), and March 23, 2009
(Fifth Amendment) (collectively referred to as the "Original Agreement "), and now desire to
further amend and restate the Original Agreement with this Agreement to make provisions for
Salem becoming a member of the Authority and to make certain other changes as set forth
herein;
WHEREAS, the parties have developed and plan to further develop, construct, modify,
and \or expand through the Authority, the Landfill, Transfer Stations, and Facilities including
Facilities related to the transportation and disposal of Acceptable Waste, including exercise of
any and all powers granted by the Act;
WHEREAS, the parties intend through the Authority to contract for a supply of
Acceptable Waste to be delivered to the Facilities;
WHEREAS, the City, County, Town, and Salem wish to contract with the Authority to
obtain rights to dispose of Acceptable Waste generated within their respective jurisdictions;
WHEREAS, pursuant to this Agreement, the City, County, Town, and Salem desire to set
forth the terms and conditions of the disposal of Acceptable Waste through use of the Facilities;
and,
WHEREAS, the propose for which the Authority has been formed is to exercise any and
all powers granted by the Act, including, without limitation, to acquire, finance, construct,
operate, manage, and maintain a gurbage and refuse Collection and disposal system and related
facilities.
AGREEMENT
NOW, THEREFORE, the parties to this Agreement agree as follows:
INTRODUCTION
(a) The above whereas clauses are hereby incorporated into and made a part of this Agreement.
(b) This Agreement shall be known as The Amended and Restated Roanoke Valley Resource
Authority Members an(] Facilities Use Agreement dated as of July 1, 2016.
ARTICLE I
DEFINITIONS
Unless otherwise defined, each capitalized term used in this Agreement shall have the
meaning set forth below.
"Acceptable Waste" means non - hazardous "municipal solid waste ", "industrial waste"
and "agricultural waste ", `construction waste ", "debris waste ", "demolition waste ", as defined in
the Virginia Department of Waste Management Solid Waste Management Regulations, as
amended, (the "DWM Regulations "), and such other wastes as Authority shall agree in writing to
accept from time to time, subject to such limitations and exclusions as are imposed by
Applicable Law and excluding all Unacceptable Wastes.
"Act" means the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2,
Sections 15.2 -5100, et seq., Code of Virginia of 1950, as amended.
"Amoral Budget" means the annual budget of the Authority as described in Section 5.9.
"Annual Deficit" means any actual deficit at the end of a Fiscal Year consisting of an
excess of Operating Costs over Operating Revenues for such Fiscal Year incurred by the
Authority acting pursuant to an Amoral Budget and any amendments thereto approved in
advance by all Users in accordance with Section 5.9.
"Applicable Law" means any law, regulation, requirement (including but not limited to
permit and governmental approval requirements) or order of any local, state or federal agency,
court or other governmental body, applicable from time to time to the acquisition, design,
construction, equipping, testing, start-up, financing, ownership, possessor or operation (including
but not limited to closure and post - closure operations) of the Facilities or the performance of any
obligations under any agreement entered into in connection therewith.
"Articles of Incorporation" means the Articles of Incorporation of the Authority as they
may be amended and restated fi-om time to time.
"Authority Default" means any of the events of default described in Section 62.
"Bonds" means any Revenue Bonds, or other obligation, issued by the Authority to
finance the acquisition, construction, improvement, and equipping of the Facility /Facilities,
including any revenue bonds issued to refund such Bonds.
"Bylaws" means the Bylaws of the Authority, as they may be amended from time to
time.
"Capital Expenditure" means any single expenditure intended to benefit and be
amortized over 5 or more accounting periods under Generally Accepted Accounting Principles.
"Charter Member Users" or "Charter Member User' means Roanoke County, the City
of Roanoke, and the Town of Vinton, as the context may require.
"Contract Municipal Customer(s)" means any local government entity, located wholly
or partially within a sixty (60) mile radius of a Facility and under contractual obligation with
the Authority or permitted to bring Acceptable Waste generated within said local government
entity'sjurisdiction to a Facility.
"Debt Service Payments" means the payments of principal, premium, if any, and interest
required to be made by the Authority with respect to the Bonds.
"Designated Hauler" means any person (other than a User) (1) who is authorized to
deliver Acceptable Waste to the Facility on behalf of a User or a Contract Municipal Customer
and originating from User's or Contract Municipal Customer's jurisdiction, for a fee paid by the
User; or, (2) who collects Acceptable Waste pursuant to contract with or franchise from the User
and is designated to the Authority as such by the User in writing.
"Event of Default" means the events of default set forth in Section 6.2 and 6.3.
"Facility" and /or "Facilities" as the context may require, means the Landfill located in
Roanoke County; and /or, as the context may require, Transfer Station; and /or, any other
operation/structure owned and operated by, or on the behalf of, the Authority.
"Fiscal Year" means the period from July I of one year to June 30 of the next year.
"Hazardous Waste" means (i) "hazardous waste" as such term is defined in the DWM
Regulations, (ii) "hazardous waste' as such tern is defined in the Resource Conservation and
Recovery Act, 42 U.S.C. § §6901 et seq. as amended from time to time; and (iii) solid waste that
because of its quantity, concentration, or physical, chemical or infectious characteristics may
pose or significantly contribute to a substantial present or potential hazard to human health, the
Facility, or the environment when treated, stored, transported, or disposed of' or otherwise
managed.
"Host Community Fec" means the annual fee paid by the Authority to a Charter
Member User or a User for hosting the Facilities as set forth in Section 7.1.
"Indenture" means any Indenture of hest or other document, entered into by the
Authority pursuant to which Bonds at issued.
"Landfill" means the regional landfill to be developed and operated by the Authority on
one or more sites for the disposal and fill of Acceptable Waste in accordance with the special use
permit provided pursuant to County itetn 62789 -10 and Resolution 62789 -12, each dated June
27, 1989.
" Leachate means wastewater generated at and by Facilities.
"Maximum Amoral Tonnage" means the maximum annual total tonnage of Acceptable
Waste disposed of at the Landfill agreed by the Authority and Users to be 330,000 tons per year.
"New Member(s)" means all local government entities that are members of the
Authority, other than the Charter Member Users, in accordance with Section 4.4.
"Operating Costs" means all actual costs of the Authority properly allocable to acquiring,
constructing, equipping, maintaining and operating the Facility and set forth in the Annual
Budget, including, but not limited to:
Salaries and fringe benefits of employees
(2) Utilities, fuel, equipment (including but not limited to tracks and heavy
equipment) tools and supplies;
(3) Engineering, testing, and consulting costs for design and operation, testing,
monitoring, and closure;
(4) All costs for compliance with all permit conditions and compliance with
Applicable Law, including costs for treatment and disposal of leachate or materials
inappropriately disposed or delivered to the Facility;
(5) Debt Service Payments;
(6) Legal costs incurred in connection with the zoning, permitting, financing,
operating and defending of The Facility and the Authority;
(7) Insurance costs and the costs of bonds, letters of credit, escrows or other
financial assurance or allowance for environmental monitoring and assurance,
Closure, post- closure or property value guarantees or for compliance with
Applicable Law;
(8) Reasonable host community allowances as identified and set forth in the
special use permit for the Landfill Roanoke County item 62789 -10, and Resolution
62789- 12, each dated June 27, 1989; and as set forth in the Solid Waste Transfer
Facility Design Criteria, dated March 19, 1991, and Solid Waste Transfer Facility
Operating Criteria, dated May 21, 1991, as approved by the City Planning
Commission on June 5, 1991 and /or as provided in this Agreement;
(9) Capital Expenditures necessary for compliance with Applicable Law, Capital
Expenditures necessary for normal maintenance and reasonable periodic expansion
of the Facility and Capital Expenditures incurred in connection with
Uncontrollable circumstances;
(10) Purchase and maintenance costs of equipment and maintenance of the
Facility;
(I I) All taxes, including but not limited to those on real property, equipment or
income;
(12) All accounting and bookkeeping fees and charges;
(13) All costs associated with uncollectible accounts;
(14) The Authority's costs for Transportation Services; and
(15) All amounts required to be paid by the Authority to replenish deficits in the
Debt Service Reserve Fund or the Rate Stabilization Fund, or any similar funds,
created pursuant to the Indenture.
"Operating Revenues" means all income and revenues derived by the Authority from the
ownership or operation of the Facilities, including the receipts of Tipping Fees from the Users,
Private Haulers and Designated Haulers (but excluding any payments of any User's Pro Rata
Share) and income from the investment of money held by or on behalf of the Authority.
"Private Hauler" means any person (other than a User or a Designated Hauler) who
disposes of Acceptable Waste originating from User's or Contract Municipal Customer's
jurisdiction at the Facilities, including individuals delivering household waste in privately owned
vehicles.
"Pro Rata Share" means that share of the Annual Deficit which is in the same proportion
that the estimated population of the respective User bears to the total estimated population of all
jurisdictions then members of the Authority which are then subject to payment of a Pro Rata
Share, both as most recently projected on an annual basis by the Center For Public Service at the
University of Virginia.
"Transportation Services" means Authority - contracted transportation services provided
by the Norfolk Southern Railway, and any other Authority - contracted service provider, for the
transportation of Acceptable Waste and Leachate.
"Reciprocating Local Government Entity" means any local government entity entering
into a reciprocal, contractual agreement with the Authority for purposes of managing or
disposing of all or a portion of each entity's Acceptable Waste, respectively.
"Recycled Waste" means material diverted Join the waste stream for separate
processing in accordance with the applicable requirements of state and federal law and
implementing regulations.
"Roanoke Transfer Station" means the Transfer Station located in the City of Roanoke,
sited pursuant to and subject to the terns and conditions of the Solid Waste Transfer Facility
Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility Operating Criteria,
dated May 21, 1991, as approved by the City Planning Commission on June 5, 1991.
"Tipping Fee" means the per -ton fee, or otherwise proportionate rate as published in the
Authority's posted rate schedule, payable to Authority for the disposal of Acceptable Waste.
"Ton" or "ton" means a unit of weight equal to 2000 pounds.
"Transfer Station" means any facility, fully permitted by the Commonwealth of Virginia
and owned and operated by, or on the behalf of, the Authority, only for the transfer of
Acceptable Waste by Transportation Services to the Landfill, or other temporary, emergency
designated disposal facilities as provided in Sections 4.1.(a) and 4.4.1.
"Unacceptable Waste" means waste which the Facility is precluded by Applicable Law
from accepting, including, without limitation, medical wastes, hazardous wastes, waste as
proscribed by applicable federal, state or local law or regulations, or waste otherwise prohibited
by the Authority.
"Uncontrollable Circumstance" means any event or condition, whether affecting the
Facility, any User or the Authority, that interferes with the acquisition, design, construction,
equipping, start-up, operation, ownership or possession of the Facility or other performance
required hereunder, if such event or condition is beyond the reasonable control, and not the result
of willful action of the party relying thereon as justification for any nonperformance including
but not limited to an act of God, storm, flood, landslide, earthquake, fire or other casualty, war,
blockade, insurrection, riot, the order or judgment of any local, state, or federal court,
administrative agency or governmental officer or body, a strike, lockout or other similar labor
action .
"User" or "Users" means the Charter Member Usca, and New MCmbCIS constituting the
Authority under the terms of this Agreement, if applicable, as the context may require.
"User Default" means any of the events of default described in Section 6.3.
ART'ICI,E 11
TERM OF AGREEMENT
Section 2.1. Term. This Agreement shall become effective upon its execution, subject
to the terns and conditions contained herein, and shall be effective and the Authority shall have
existence until January I, 2066, unless further extended pursuant to the provisions of the Act,
provided that the Authority and this Agreement shall in any event continue until adequate closure
and post - closure obligations and responsibilities with respect to the Facilities have been met.
Users covenant and agree to undertake in good faith and in a timely manner all actions
necessary for the establishment of the Authority and the establishment and operation of the
Facility as set forth herein.
Section 2.2. Applicability Amendments. The Authority and Users covenant and agree
that except as stated herein the terms, conditions and requirements contained in this Agreement
shall apply equally to each User and further covenant and agree that this Agreement and the
Articles of Incorporation shall not be amended or changed in any way without the consent of
Authority and the consent of the governing body of each User. The parties hereto further
covenant and agree that, except in case of an Uncontrollable Circumstance, the Authority shall
engage in the collection and disposal of garbage and refuse at and through the Facilities , and that
the Authority shall be authorized to engage in or provide for commercial and /or residential
garbage and refuse collection activities or services.
Authority shall also be authorized to engage in recycling activities with regard to
Acceptable Waste for which Authority has accepted title in accordance with Section 4.5 of this
Agreement, provided, however, that Authority shall not require any specific recycling
methodology, goals, limits or standards for a User without such User's consent and provided
further that Authority shall not in any manner subsidize any User's recycling program except for
incentive programs to encourage recycling that benefits all Users proportionately on the basis of
population.
ARTICLE 111
FACILITY CONSTRUCTION AND OPERATION
Section 3.1. Facility Construction and Operation
(a) Subject to the provisions of this Section, Authority agrees that it will construct
and equip the Facilities. Authority further agrees to use its best efforts to obtain the necessary
permits and approvals required under Applicable Law to corstruct and equip the Facilities as
described.
(b) Authority shall construct and maintain at its expense any facilities, improvements,
and buildings necessary for the operation of the Facilities and shall furnish all labor, tools, and
equipment necessary to operate the Facilities, in accordance with Applicable Law.
Section 32. Use of Facilities. The Authority and the Users covenant and agree that,
except as provided in section 4.4.1 Emergency Temporary Use of Authority's Facilities, below,
the Facilities provided for herein may only be utilized by the Users, the Designated Haulers, and
the Private Haulers, Contract Municipal Customers, and properly authorized persons and entities
disposing of Acceptable Waste generated within their respectivejurisdictions. The Authority and
Users further covenant and agree that, except as provided in section 4.4.1 Emergency Temporary
Use of Authority's Facilities, below, any Facility shall not be utilized by any other person or
entity without the express prior consent of the Authority and the governing body of the User
where the Facility is located.
Use and operation of the Landfill shall be subject to and in compliance with the terns
and conditions in the special use permit provided pursuant to Roanoke County Item 62789 -10,
and Resolution 62789 -12, each dated ,Tune 27, 1989. Use and operation of the Roanoke Transfer
Station shall be subject to and in compliance with the terns and conditions in the Solid Waste
Transfer Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility
Operating Criteria, dated May 21, 1991, as approved by the City Planning Commission on June
5, 1991, all as amended from time to time.
ARTICLE IV
OBLIGATIONS RELATING TO DELIVERY AND
ACCEPTANCE OF WASTE; OPERATING PROCEDURES
Section 4.1. Delivery and Acceptance.
(a) Throughout the tern of this Agreement, Authority agrees to accept and dispose of
Acceptable Waste delivered by or on behalf of the Users in accordance with the terms of this
Agreement and agrees to do so at and through the Facilities unless an Uncontrollable
Circumstance renders all or a portion of the Facilities inoperable. In such case the Authority may
and is authorized to provide by separate agreement between the Authority and any local
govemment owned and operated solid waste disposal or transfer facility located within sixty (60)
miles of the Facilities, for the reciprocal, emergency, temporary disposal of all or part of the
Authority's Acceptable Waste at said local government's solid waste disposal facility /facilities.
The Authority further agrees to use its best efforts to operate the Facilities as economically as
possible and to maintain a competitive Tipping Fee structure to encourage use of the Facilities by
Private Haulers and Contract Municipal Customers.
(b) Each User shall have the right to deliver, or cause to be delivered, to the Facilities
all Acceptable Waste generated within its political jurisdiction. Except in the case of an
Uncontrollable Circumstance, each User, that is pally hereto, further agrees lu dclivcr, or cause
to be delivered, to the Facilities, all Acceptable Waste, except Recycled Waste, which is
generated or collected by the User, collected by a Designated 1laula-, or collected) by any other
waste hauler who collects Acceptable Waste on behalf of the Usei, and each User apices to do so
to provide a constant revenue stream to the Authority in recognition of the ficl that Private
Haulers have no legal obligation to use the Facilities.
Section 4.2. Operating Rules. The Authority shall promulgate specific rules and
procedures for the use and operation of the Facilities, which shall be deemed it part of this
Agreement following notice to the Users of such rules. The rules and procedures may be
modified by Authority from time to time upon notice to the Users from Authority. A copy of
such operating rules shall be available at the Facilities upon request. The parties agree to be
bound to such rules and procedures in all respects. The rules may include fines for attempts to
dispose of Unacceptable Waste in the Facilities and procedures for banning Designated Haulers
and any other persons who violate the rules. Authority and Users agree that such rules and
procedures shall not be inconsistent with this Agreement. In the event of a conflict between such
rules and procedures and this Agreement or the Articles of Incorporation, this Agreement or the
Articles of Incorporation shall prevail.
Section 4.3. Votine Representation. Notwithstanding any contrary provision in the
Articles of Incorporation, Bylaws, or this Agreement, Authority, the Charter Member Users, and
Salem covenant and agree that the initial voting representation on the Authority shall consist of 5
representatives from the County, 2 representatives from the City of Roanoke, 1 representative
from the Town, and 1 representative from the City of Salem and that neither of the following
actions shall be taken or permitted to occur by the Authority without the express consent of
Roanoke County and the City of Roanoke, as expressed by the affirmative vote of all Roanoke
County and City of Roanoke representatives on the Authority:
(l) Any change in the terms or conditions of design or operation of the Roanoke
Transfer Station located in the city as set forth in the Solid Waste Transfer
Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer
Facility Operating Criteria, dated May 21, 1991, as approved by the City
Planning Commission on June 5, 1991, and the Part A and Part B applications
for the Roanoke Transfer Station as approved by the Commonwealth of
Virginia, or any expansion or modification of the Transfer Station; or,
(2) Any change in the terms or conditions of design or operation of the Landfill
located in the County of Roanoke as set forth in the special use permit approved
pursuant to Roanoke County item 62789 -10, and Resolution 62789 -12, each dated
June 27, 1989, and the Part A and Part B applications for the Landfill as approved
by the Commonwealth of Virginia, or any expansion or modification of the
Landfill.
Section 4.4. New Members. Because the Landfill is a scarce and valuable resource and
because all Users have a common interest in insuring that the Landfill is utilized only for the
proper disposal of Acceptable Waste and because Authority and Users desire to make the best
Possible and most elticicnt use of the Landfill, Uscrs and Authority covenant and agree as
follows:
(I) No person or entity shall be permitted tO utilize the Facilities except pursuant to
the general Icons and conditions of this Agruomcnt;
(2) Fxcept as provided in Section 4.4.1 fancrgcncy Temporary Use of Authority' s
Facilities, below, only Users, Designated Haulers, and Private Haulers, disposing
of Acceptable Waste generated within the (Users' jurisdictions, and Contract
Municipal Customers shall be permitted to utilize the Facilities;
(3) Additional Users may join the Authority by a simple majority vote of the
Authority and compliance with Applicable Law, provided that the following
conditions have been met:
(a) The additional volume of Acceptable Waste that would be disposed of at the
Landfill as a result of such proposed new User's joining is not projected to
cause the total aggregate amount from all User jurisdictions and Contract
Municipal Customers to exceed the Maximum Annual Tonnage.
(b) The proposed new User jurisdiction shall be responsible for all the costs and
expenses of such waste stream as determined to be necessary by Authority.
(c) Each New Member joining the Authority will be entitled to one voting
representative on the Authority and Roanoke County shall be entitled to one
additional voting representative for each such New Member joining the
Authority, as necessary, to maintain its majority.
(d) The proposed new User shall execute and deliver an agreement substantially
similar to this Agreement as required by the Authority.
(e) As applicable to the City of Salem becoming a New Member and upon
issuance by the State Corporation Commission of a Certificate of Joinder
and/or Restatement:
(i) Subject to the items in (ii) below, the Authority will pay the City
of Salem the total sum of One Million, Seven Hundred and Eighty -
One Thousand, Four Hundred and Seventy -Three and 22/100
Dollars ($1,781,473.22), which is the amount Salem has identified
as necessary to retire any and all outstanding debt owed on the City
of Salem's existing transfer station;
(ii.) The City of Salem will convey good and marketable title of the
City of Salem's existing transfer station and all related existing
equipment, real property, and existing site work as is, as described
in Exhibit `B" , such that said transfer station becomes a Facility,
and such real property is not subject man y material environmental
issues as determined by the Authority.
Section 4.4.1 Reciprocal Emerecncy Temporary Use of Authority's Facilities. The
Authority hereby allows for the reciprocal, emergency, temporary use of the Transfer Station fur
the disposal at the Landfill of only Acceptable Waste which originatcs within the Reciprocating
Local Government Entity's jurisdiction, subject to and upon the following terns and conditions:
( t) Authority and the Reciprocating Local Government Entity shall enter into
an appropriate reciprocal agreement in form approved by the Authority for the temporary
emergency use of each other's waste disposal facilities. Prior to any delivery of waste by the
Reciprocating Local Government Entity at the Transfer Station, the Reciprocating Local
Government Entity shall provide advance written notice to the Authority's Chief Executive
Officer of (i) the nature of the emergency; (it) the estimated duration of the emergency use; and,
(iii) the estimated daily amount of municipal solid waste requested to be delivered for disposal.
(2) Such use shall be subject to prior written approval of the Authority's Chief
Executive Officer and the Reciprocating Local Government Entity's compliance with all
Applicable Laws, rules, regulations, and procedures, including, without limitation, the
Authority's Operating Rules, regulations and procedures.
(3) The fees and charges applicable to such use shall be as established by the
Authority from time to time.
(4) Under no circumstances shall the Authority accept or be deemed to have
accepted for disposal or title to any Hazardous Waste or Unacceptable Waste.
(5) The Reciprocating Local Government Entity shall be responsible for and
shall pay any and all claims, suits, damages, fines, penalties, loss, or liability, including any
required cleanup or remediation, for damage to property, death or personal injury of any kind
resulting from or arising out of (i) the operation or presence on Authority premises by the
Reciprocating Local Government Entity, its employees, agents, and contractors; (ii) the delivery
to the Facilities nr handling of Hazardous Waste or Unacceptable Waste; or, (iii) any violation
of any law, rule, regulation, or procedure.
Section 4.5. Title to Acceptable Waste. Upon Authority's acceptance of any
Acceptable Waste, Authority shall receive title to such Acceptable Waste. Authority may, at its
sole election, take title to Acceptable Waste at an earlier time if it notifies the affected User of
the exercise of such election. Authority shall never be deemed to have title to Unacceptable
Waste unless it specifically represents that it is aware the waste is Unacceptable Waste and it is
specifically taking title to the same. Inoperability of Authority's scales shall not affect the
transfer of title. In the event of any dispute regarding transfer of title, the affected User shall join
with Authority in defense of such title.
Section 4.6. Disposal of Unacceptable Waste Authority shall notify any person
delivering waste found before discharge into any Facility to contain Unacceptable Waste that the
waste cannot be disposed at the Facility. I I Unacceptab lc Waste is disposed of by or on behalf of
any User, and time and operations permit, Authority shell notify such tlser and such User shall
promptly liwse the Unacceptable Waste to be removed from the Facility and disposed of in
accordance with Applicable Laws. In the event time and operations do not permit such notice or
such User does not promptly remove the t hracccptable Waste, Authority may, al its option, cause
the same to be removed, and disposed of in accordance with Applicable Law and such User shall
be liable for the costs thereof. The affected User shall reimburse Authority fix the actual costs,
expenses, fines, penalties and liability resulting from the deposit of such Unacceptable Waste
identified to have been disposal of by such User in the Facility, and, upon submission of
satisfactory evidence of such costs, shall pay all such costs within 45 days of an invoice therefor;
provided that the Authority shall not pay or agree to pay any fine or penalty, or acknowledge any
liability unless the affected User is given an opportuntry to participate and defend any such
action seeking to impose a tint, penalty, or liability.
Section 4.7. Household Hazardous Waste Collection Facility. Notwithstanding any other
provision of this Agreement, the Authority shall be authorized to operate a household hazardous
waste collection facility and operation at Transfer Station site(s) for the on -going collection,
storage, and off -site disposal of household hazardous waste originating from the residential
households located within the Users' jurisdictions, or Contract Municipal Customer's
jurisdiction if Authorized by the Authority. Such household hazardous waste facility and all
related activities, including, without limitation, the collection, storage, and transportation and
off -site disposal of household hazardous waste, shall be in compliance with all applicable local,
state and federal rules, laws, and regulations.
ARTICLE V
TIPPING FEES; OTHER CHARGES
Section 5.1. Tipping Fees. Authority shall charge Tipping Fees for Acceptable Waste
delivered to the Facilities and accepted by Authority for disposal. The Tipping Fees shall be
established and adjusted from time to time in accordance with the requirements of the Act and
any Indenture. Subject to the terns and conditions of this Agreement, Authority and Users
recognize and agree that there may be numerous separate classes of users of the Facilities
including (!)Users, (2)Contract Municipal Customers, (3) Designated Haulers, and (4) various
categories of Private Haulers with different Tipping Fees for each class. Because the Landfill is a
scarce and valuable resource, and Users and Authority intend to preserve its use to the maximum
degree possible, Authority may establish different Tipping Fees for entities other than the Users
who use the Facilities. Users shall be liable for any Tipping Fees payable by their respective
Designated Haulers.
Section 5.2. Payments; Liability of Users
(a) All amounts payable hereunder shall be invoiced on a monthly basis
unless otherwise indicated. Amounts invoiced shall be due 20 days after the date of receipt of
the invoice. Each invoice shall list all deliveries made during the applicable period and all
information on the related weight records.
(b) Authority may maintain separate records for the amounts payable by
each person and entity under this Agreement.
Section 5.3, PfrVlnent lix Out -of- ]lours Deliveries. Authority may charge such amounts
as it deems appropriate for deliveries at times other than the Facility's normal hours of operation.
Section 5.4. Late Payment Any amount payable under this Agreement by Users,
Designated Haulers, Private Haulers, or Commercial Contract Customers that is not paid when
due in accordance with this Agreement shall bear interest compounded monthly at the lesser of -
(i) 21'% or (ii) the highest rate allowed by law.
Section 5.5. Tipping Fee Adjustment. Until the resolution of any disagreement about
any Tipping Fee adjustment, Users shall pay the Authority's proposed adjustment. Authority
shall, immediately after the resolution, reimburse User and Designated Haulers for the
aggregate amount of any overpayment, if any, occurring as a result of the subject matter of the
disagreement.
Section 5.6. Relative Charges. The Authority and Users covenant and agree that Users
shall be charged the same Tipping Fees for use of the Facilities. Subject to the foregoing, Users
shall pay to Authority the Tipping Fees set forth in the fee schedule adopted by Authority in
accordance with the Act and this Agreement. The Authority may establish fees for special wastes
as defined by the rules and procedures promulgated by the Authority pursuant to section 4.2,
tires for Private Haulers, and for individuals delivering household waste in privately owned
automobiles and pick -up trucks as it deems appropriate.
Section 5.7. Obligation to Pay Pro Rata Share.
(a) Subject to the terms and conditions of this Agreement, each User shall pay to the
Authority or such other person as the Authority may designate its Pro Rata Share of any
Amoral Deficit not less than thirty (30) days after receipt of written request therefor from the
Authority. The Authority shall compute each year's Pro Rata Share in accordance with this
Section and send notice to each User of its Pro Rata Share within thirty days after the close of
each Fiscal Year. Each Pro Rata Share shall be the proportionate obligation of each User to
pay the Annual Deficit computed on a pro rata basis based on the percentage the User's
population', as of the close of the preceding Fiscal Year as projected by the Center for Public
Service at the University of Virginia, bears to the total population of all Users which are then
subject to payment of a Pro Rata Share. The initial Pro Rata Share of each User shall be based
on the following percentages:
Roanoke County 41.70%
City of Roanoke 43.50%
Town of Vinton 359%
City of Salem 11.21%
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(b) The obligation of each User to make payments of its Pro Rata Shure under this
Section shall be subject to and contingent upon the provisions of Section 5.9 and appropriations
being made to] Such purpose by the governing body of the Uscr. Nothing in this Section or this
Agreement shall constitute a pledge of the full faith and credit of any USCr under any provisions
of its charter or the Constitution of Virginia or a bond or debt of any User within the meaning of
any provision of the Constitution of Virginia or such Use's charter. Subject to the provisions of
this Agreement, the obligations of each Uscr to snake payments under this Section and to observe
and perform all other covenants and agreements under this Agreement are unconditional,
irrespective of any rights of set -off, recoupment, or counterclaim that any Uscr may have, jointly
or individually, against the Authority.
(c) At the option of any User, such Uscr may terminate its obligation to make
payments of it Pro Rata Share, but only if the annual reports required by Section 5.8 shall show
that:
(i) no Annual Deficit has occurred for the five
preceding Fiscal Years; and
(ii) Operating Revenues have been equal to at least
110% of Operating Costs for the two preceding
Fiscal Years.
Section 5.8. Books and Records. The Authority shall maintain all books, records and
accounts necessary to record all matters affecting the Tipping Fees or other amounts payable by
or to Users and the Authority under this Agreement. All such books, records and accounts shall
be maintained in accordance with generally accepted accounting principles, shall accurately,
fairly and in reasonable detail reflect all Authority's dealings and transactions under this
Agreement and shall be sufficient to enable those dealings and transactions to be audited in
accordance with generally accepted accounting principles. Within one hundred twenty (120)
days after the close of each Fiscal Year, the Authority shall deliver to each User an ammal report
accompanied by a certificate of an independent certified public accountant, including, among
other things, a statement of the financial position of the Authority at the end of such Fiscal Year,
a statement of Operating Revenues and Operating Costs under this Agreement, and the amount,
if any, of the Annual Deficit. All such books, records and accounts shall be available for
inspection and photocopying by any User on reasonable notice so that it can verify Tipping Fees
or other amounts payable under this Agreement. All such books, records and accounts shall be
kept by the Authority for at least six years (or any longer period required by Applicable Law).
Section 5.9. Annual Budget The Authority shall provide to the Users for approval,
on or before each April 1, its Annual Budget for the upcoming year. The Authority shall also
provide to the Users for approval in advance any amendment of any kind to the Annual Budget,
The Annual Budget shall set forth (i) the budgeted Operating Costs for such Fiscal Year,
itemizing each category of expenditure, including the amount of Debt Service Payments coning
due in the next Fiscal Year, if applicable; and, (it) the budgeted Operating Revenues for such
Fiscal Year; and (iii) the budgeted Tipping Fees necessary to balance the Annual Budget. The
Authority shall also provide Operating Costs and Operating Revenues for the then current
Fiscal Year. ']'he Annual Budget Inr an upcoming Fiscal Ycar and any amendments thereto shall
not be effective and no expenditures .shall be made by Authority wider the proposed Annual
Budget unless zinc) until such Annual Budget and any amendments have been approved by the
governing bodies of Users, such approval not to be unroasunably withheld. The Authority shall
continue operating within the expenditure levels approved under the Annual Budget for the
immediately preceding Fiscal Ycar, excluding any Capital Cxpenditures, until such time as a
new Annual Budget is approved.
ARTICLE VI
DEEAUCP AND TERMINATION
Section 6.1. Remedies for Default.
(a) In the event or the breach by any party of an obligation under this Agreement,
the right to recover damages or to be reimbursed will ordinarily constitute an adequate remedy.
The parties hereto agree that as long as any Bonds remain unpaid or their payment has not been
provided for in accordance with the Indenture, no party may terminate its obligations under this
Agreement.
(b) The Authority may refuse to accept any Acceptable Waste that is collected by
a User if such User fails to pay any amount due hereunder until the amount and any late
payment interest on it have been paid if the Authority has mailed a written notice of the failure
to pay the amount due under this Agreement to such User at the address to which invoices are
sent by certified mail accompanied by a copy of the invoice for the unpaid amount.
(c) The parties hereto acknowledge that, in the event of any Event of Default the
non - defaulting party shall be entitled to recover, to the extent proven, all of their respective
damages, including incidental and consequential damages, caused by such Event of Default.
The parties hereto agree that damages for any such Event of Default may include, without
limitation: (i) amounts payable under this Agreement (including, without limitation, Tipping
Fees); (ii) lost revenues and damages under any contract unable to be performed or realized, in
whole or in part, by reason of such Event of Default; (iii) accelerated amounts if required under
any contract or agreement as a result of an Event of Default specified in Section 6.3(a); (iv)
interest from the date of payment on any amounts borrowed or required to be advanced in
connection with such Event of Default, including interest on amounts paid to mitigate damages
or prevent a default from arising under any agreement relating to the Facilities or its operations;
(v) increased Operating Costs, and (vi) reimbursement for all reasonable expenses and costs,
including the fees and expenses of its counsel, incurred in connection with any proceeding
brought to recover such damages or to enforce the provisions of this Agreement. To the extent
permitted by Applicable Law, the parties hereto hereby waive the right to trial by jury in any
action or proceeding brought to enforce, construe or recover damages for any breach of this
Agreement.
Section 6.2. Events of Default by Authority. The following shall constitute an Event
of Default by the Authority ( "Authority Default'):
is
The Authority's persistent or repeated failure or refusal substantially to fulfill any of its
material ubI igations to any User in accordance with this Agreement unless such failure or refusal
Shall be excused or justified by an Uncontrollable Circumstance or a default by a User
het- CUndcr{ provided, however, that no such failure or reftisal shall constitute an Authority
Default unless and until:
(1) Such Uscr has given written notice to Authority stating that in its opinion
a particular default or defaults (described in reasonable detail in such notice) exist
that will, unless corrected, constitute a material breach of this Agreement by the
Authority and that will in its opinion give User a right to reimbursement or to
recover damages under this Agreement, or after all Bonds have been paid or their
payment provided for, a right to terminate its obligations hereunder, unless such
default is corrected within a reasonable period of time, and
(it) Authority has neither corrected such default nor initiated reasonable steps
to correct it within a reasonable period of time (which shall in any event be not
less than thirty days from the date of receipt of the notice given pursuant to clause
(i) of this Section); provided that if the Authority has commenced to take
reasonable steps to correct such default within such reasonable period of time, it
shall not constitute an Authority Event of Default for as long as the Authority is
continuing to take reasonable steps to correct it; or
Section 6.3. Events of Default by Users. Each of the following shall constitute an
Event of Default by a User ( "User Default "):
(a) The failure by a User to pay any amount under this Agreement within 60 days after
receipt of written invoice therefor; or,
(b) The failure or refusal by a User to fulfill any of its obligations to Authority in
accordance with this Agreement unless such failure or refusal is excused or justified by an
Uncontrollable Circumstance; provided that no such failure or refusal shall constitute an Event of
Default unless and until
(i) Authority has given prior written notice to such User stating that in its
opinion a particular default or defaults (described in reasonable detail in such notice)
exist which will, unless corrected, constitute a material breach of this Agreement on the
part of the User and which will in its opinion give Authority a right to reimbursement,
recover damages or refuse service under this Agreement for cause under this Section
wiless such default is corrected within a reasonable period of time, and
(ii) Such User has neither corrected such default nor initiated reasonable steps
to correct it within a reasonable period of time (which in any event shall not be less than
five days from the date of the notice given pursuant to clause (i) of this Section);
provided that if User has commenced to take reasonable steps to correct such default
within such reasonable period of time, it shall not constitute an Event of Default for as
long as llscr is continuing to take rcasunablu steps to correct it, unless Such detimlt
creates an emergency situation which may endanger public health or saicly, threaten the
environment m endanger the continued operation of any Facility, in which case an Event
of DCfaull shall be deemed to have occurred it such llCtanit is not corrected within ten
days 01 less.
Section 6.4. Termination on Default. Afler all Bonds have been paid or their payment
provided for and they are no longer considered outstanding under any applicable Indenture, any
User, after giving written notice to all parties, may terminate this Agreement with respect to
itself upon the occurrence of an Authority Default to the extent permitted by Applicable Law.
The termination of this Agreement by any Uscr shall not terminate this Agreement as to any
other Uscr. The proper exercise of the right of termination shall be in addition to and not in
substitution for, such other remedies, whether damages or otherwise, of the party exercising the
right of termination.
Subject to the terms and conditions of this Agreement, if any User fails to pay its Tipping
Fees or its Pro Rata Share after appropriations therefore have been made, such User shall remain
liable for such amounts and shall continuo to be bound by this Agreement.
Section 6.5. Survival of Certain Rights and Obligations. This Agreement shall remain
in full force and effect as long as any Bonds remain unpaid or their payment has not been
provided for under any applicable Indenture. Thereafter, this Agreement may be terminated, but
no termination of this Agreement shall limit m otherwise affect the rights and obligations of any
party that have accrued before the date of such termination. Additionally, all obligations of
Users with regard to any Unacceptable Wastes shall survive the termination of this Agreement.
Section 6.6. Resolution of Disputes. The parties agree that should any question arise
between the Authority and a User who is a signatory to this Agreement relative to either
engineering or accounting, it shall be resolved as follows:
(a) If as to engineering, then by a majority of a committee of three composed of an
engineer appointed by the Authority, an engineer appointed by the User affected, and an
independent engineer, to be chosen by the foregoing two; provided, however, should the first two
appointees not be able to select the third appointee within thirty (30) days following the date of
appointment of the last of the first two appointees, then and in that event, application for
appointment of the third arbitrator shall be made to the Circuit Court judges of the 23rd Judicial
Circuit of the Commonwealth of Virginia which shall appoint the third arbitrator.
(b) If as to accounting, then by a majority of a committee of three composed of the
Chief Financial Officer of the affected User, the Authority's chief financial officer, and an
independent certified public accountant, to be chosen by the foregoing two; provided, however
should the first two appointees not be able to select the third appointee within thirty (30) days
following the date of appointment of the last of the first two appointees, then application for
appointment of the third arbitrator shall be made to the Circuit Court judges of the 23rd Judicial
Circuit of the Commonwealth of Virginia which shall appoint the third arbitrator.
17
let In tither case, the charge el the independent individual shall be borne equally by
the adlected User and the Authority.
ARTICLE VII
MISCELLANEOUS
Section 7.1. I lust Community Fees. The Authority covenants and agrees to pay to each
User hosting the Landfill, the amount of $350,000 annually, for as long as the Landfill remains
operational, and to each User hosting a Transter Station, the amount of $150,000 annually, for as
long as such Transfer Station remains operational. Any Charter Member User not hosting a
Facility shall be paid a Host Community Fee annually in the amount of $5,000, for as long as
they are a User, for their continued long -tam support of the Facilities. Host Community Fees
will be paid within 30 days after the close of each Fiscal Year in consideration of the location of
the Facility in their respective jurisdiction m as otherwise provided herein.
Section 7.2. Extent of Agreement; Modification. This Agreement represents the entire
and integrated agreement between the Users and Authority and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended only by a
written agreement signed by Users, and Authority. Authority and Users expressly covenant and
agree that this Agreement shall not be changed or amended in any manner and the Authority
shall not be dissolved or any User permitted to withdraw, except as provided in Section 6.4,
without the written consent of the governing bodies of the Users.
Section 7.3. Assignment. No assignment of this Agreement, or any right occurring
under this Agreement, shall be made in whole or part by any User without Authority's express
written consent. Users shall not resell to any entity the right to dispose of Acceptable Waste at
the Facilities, either directly through a User or indirectly through a Designated Hauler, for an
amount greater than is paid by such User to Authority for such disposal by User (whether such
charge is direct or additive), without the express written consent of Authority, which consent
may be withheld by Authority at its sole discretion.
Section 7.4. Partnership. Nothing herein shall be construed to constitute a joint venture
between Authority and any User or the formation of a partnership.
Section 7.5. Authority as Successor to Roanoke County Resource Authority. The
parties hereto agree and covenant that the Authority is the successor to the Roanoke County
Resource Authority.
Section 7.6. Severabilittv of Invalid Provisions. If any clause, provision or section of
this Agreement is held to be illegal or invalid by any court, the invalidity of the clause, provision
or section will not affect any of the remaining clauses, provisions or sections, and this
Agreement will be construed and enforced as if the illegal or invalid clause, provision or section
had not been contained in it.
Section 7.7. Notices. All notices, certificates, requests or other communications under
this Agreement most be in writing and will be deemed given, unless otherwise required, when
mailed by first -class mail, postage prepaid, to the addresses set forth below:
11 to the Authority: 1020 Hollins Rd., N.E.
Roanoke, Virginia 24012
Attention: Chair, RVRA Board of Directors
If to the City of Roanoke: 215 Church Avenue, S.W., Room 364
Municipal Building
Roanoke, Virginia 24011
Attention: City Manager
If to the County of Roanoke: P.O. Box 29800
Roanoke, Virginia 24018 -0798
Attention: County Administrator
If to the Town of Vinton: P.O. Box 338
Vinton, Virginia 24179
Attention: Town Manager
If to the City of Salem: 114 North Broad St.
P.O. Box 869
Salem, Virginia 24153
Attention: City Manager
The parties may by notice given under this Section, designate such other addresses as they may
deem appropriate for the receipt of notices under this Agreement. If, by reason of the suspension
of or irregularities in regular mail service, it is impractical to mail notice of any event when
notice is required to be given, then any manner of giving notice which is satisfactory to the
intended recipient will be deemed to be sufficient .
Section 7.8. Litigation. The Authority is not a party to any legal, administrative,
arbitration or other proceeding or controversy pending, or, to the best of the Authority's
knowledge, threatened, which would materially adversely affect the Authority's ability to
perform under this Agreement. Each User represents as to itself that it is not a party to any legal,
administrative, arbitration, or other proceeding or controversy pending, or, to the best of its
knowledge, threatened, which would materially and adversely affect its ability to perform under
this Agreement.
Section 7.9. Further Documents and Data. The parties to this Agreement will execute
and deliver all documents and perform all further acts that may be reasonably necessary to
perform the obligations and consummate the transactions contemplated by this Agreement.
19
Section 7. 10. Cgmnterd7 }n1s. '[his Agrcument may be executed in tiny number of
counterparts, each of which, when so executed and delivered, will be tin original, and the
eountcrpnrtS taken together will conStitute one and the same instrument.
SIGNATURE PAGE TO FOLLOW
IN WI "PN ESS WIIEREOF, the Pmticc have each causal this Agremnent to be signed as
(it the dale above written.
ANTI IOR ITY:
ROANOKE VALLEY RESOURCE AUTHORITY ATTEST:
By:
Its:
APPROVED "1'O FORM:
Roanoke Valley Resource Authority Attorney
USERS:
COUNTY OF ROANOKE, VIRGINIA
By:
Its:
APPROVED TO FORM:
Roanoke County Attorney
CITY OF ROANOKE, VIRGINIA
By:
Its:
APPROVED TO FORM:
Roanoke City Attomey
21
By _
Title:
By:
Title:
By:
Title:
TOWN OF VINTON, VIRGINIA
By:
Its:
By:
Title:
APPROVED TO FORM:
Vinton Town Attorney
CITY OF SALEM, VIRGINIA
By:
Its
By:
Title:
APPROVED TO FORM:
City Attomey
Fxhibit "A"
AMENDED AND Rf S 1 AID AR 'l K'LES 01?_INC'ORPORA'I ION
01 '1
ROANOKE: VALLEY RESOURCE ANTIIORI IN
'the Board of Supervisors of Roanoke County, the Town Council of the Town of Vinton,
the City Council of the City of Roanoke, and the City Council of the City of Salem have by
concurrent resolution adopted the following Amended and Restated Articles of Incorporation of
the Roanoke Valley Resource Authority pursuant to the Virginia Water and Waste Authorities
Act, Chapter 28, Title 15.2, sections 15.2 -5100, et sect. of the Code of Virginia (1950), as
amended, ( "Act "):
(1) The name of the Authority shall be the Roanoke Valley Resource Authority and
the address of its principal office is 1020 Hollins Road, N.E., Roanoke, Virginia 24012.
(2) The names of the participating political subdivisions are the County of Roanoke,
Virginia; the City of Roanoke, Virginia; the " ['own of Vinton, Virginia; and the City of Salem,
Virginia. The County of Roanoke, the City of Roanoke, the Town of Vinton, and the City of
Salem, as the incorporating political subdivisions, hereby acknowledge, covenant, and agree that
these Amended and Restated Articles of Incorporation shall not be further amended or changed
without the express agreement of each of the governing bodies of each of the incorporating
political subdivisions.
Neither of the following actions shall be taken or permitted to occur by the Authority
without the consent of the City of Roanoke and the County of Roanoke as expressed by the
affirmative vote of all City and County representatives on the Authority:
(a) Any change in the terms and conditions of design or operation of the
Transfer Station located in the City of Roanoke as set forth in the Solid Waste Transfer
23
Facility Design Criteria, dated March 19, 1991, and the Solid Waste Transfer Facility
Operating Criteria, dated May 21, 1991, as approved by the Roanoke City Planning
Commission on June 5, 1991, and the Part A and Part B applications for the Transfer
Station as approved by the Commonwealth of Virginia, or use by any persons or entities
other than City of Roanoke, County of Roanoke, Town of Vinton, the City of Salem or
any outer local government entity, located wholly or partially within a sixty (60) mile
radius of the Authority's property and under contractual obligation with the Authority to
bring acceptable waste generated within said local government entity's jurisdiction to an
Authority facility;
(b) Any change in the terms and conditions of the design or operation of the
Landfill located in Roanoke County as set forth in the special use permit and the Landfill
Permit Conditions and Operating Policies, Action 62789 -10 and Resolution 62789 -12,
each dated June 27, 1989, and the Part A and Part B applications for the Landfill as
approved by the Commonwealth of Virginia.
(c) Since the Landfill and Transfer Station are scarce and valuable resources,
and because the participating political subdivisions have a common interest in insuring
that the Landfill is used in the best possible and most efficient manner, the participating
political subdivisions agree that Authority membership and operation and use of the
Transfer Station and Landfill shall be governed by the terms and conditions of the
Amended and Restated Roanoke Valley Resource Authority Members and Facilities Use
Agreement ( "Use Agreement "), dated as of July 1, 2016, and as such Use Agreement
may be further amended from time to time.
(3) The n9ines, addresses, and initial terms of office of the meat beis of the Board of
the Roanoke Valley Resource Authority ( "Authority ") arc as follows:
25
Name
Address
berm Expires
I.
Annc- MarieGreen
Roanoke County
12/31/2019
1216 Kessler Mill Road
Salem, Virginia
(Roanoke County)
2.
Rebecca Owens
Roanoke County
12/31/2018
P.O. Box 29800
Roanoke, Virginia 24018
(Roanoke County)
3.
Keith Garman
8538 Bradshaw Road
12/31/2017
Salem, Virginia
(Roanoke County)
4.
Dennis Nalley
8301 Berrybrook Drive
12/31/2017
Salem, Virginia 24153
(Roanoke County)
5.
Thomas C. Gates
5204 Bernard Drive
12/31/2019
Roanoke, Virginia 24018
(Roanoke County)
6.
Michael Shockley
City of Roanoke
12/31/2018
215 Church Avenue, SW
Room 354
Roanoke, Virginia 24011
(Roanoke City)
7.
Robert "Bobby" Edwards
3045 Poplar Lane
12/31/2019
Roanoke, Virginia 24014
(Roanoke City)
8.
Joey Hiner
Town of Vinton
12/31/2019
311 S. Pollard Street
Vinton, Virginia 24179
(Town of Vinton)
9.
Norman Michael Tyler
114 N. Broad Street
12/31/2019
Salem, Virginia 24153
(City of Salem)
25
The terms oRrITwu of cash o f f he members shall become cf I cc( ive on the date of issuam;e
ol'a certificate of joinder Im the Authority by the State Corporation Commission in accordance
with Section 15.2 -5112 of Act and shall expire on the date indicated above. Upon expiration
of the Ibregoing terms, the governing body of each participating political subdivision shall
appoint the number of members, who may be members of the governing body, set forth opposite
its name below:
County of Roanoke- five
City of Roanoke — two
Town of Vinton - one
City of Salem — one
It being the intention of these Articles that the governing body of the County of Roanoke
shall always appoint a majority of the members, whenever an additional political subdivision
shall join the Authority, the governing body of the County of Roanoke shall be entitled to
appoint one or more additional members in order to maintain such majority. After expiration of
the terns set forth above, each member shall be appointed for a four -year term or until his
successor is appointed and qualified. Any additional members appointed by the County of
Roanoke to maintain its majority shall also be appointed for four-year terms. The governing
body of each political subdivision shall be empowered to remove at any time, without cause, any
member appointed by it and appoint a successor member to fill the unexpired portion of the
removed member's term. Each member may be reimbursed by the Authority for the amount of
actual expenses incurred by him or her in the performance of his or her duties.
(4) The purpose for which the Authority is to be formed is to exercise all the powers
granted to the Authority to acquire, finance, construct, operate, manage, and maintain a garbage
and refuse collection and disposal system and related facilities pursuant to the Act. For purposes
of these Articles, and any contracts or documents entered into on behalf of the Authority,
"garbage and refuse collection and disposal system and related facilities" shall mean the
collation and disposal of garbage and refuse at and through one or more transfer facilities
owned and operated by the Authority and the associated landfill or disposal operations and
including the authority to engage in or provide for residential and /or commercial garbage and
[Close collection services. The Authority shall contract with the Comity of Roanoke, the City of
Roanoke, the Town of Vinton, and the City of Salem to furnish garbage and refuse collection and
disposal services upon identical terms and conditions including the same schedule of service
rates, fees, and charges of all types which shall be uniformly applicable to all such political
subdivisions. Subject to the terms of the Use Agreement, the Authority may contract with other
political subdivisions to furnish garbage and trash disposal services upon such terms as the
Authority shall determine. The Authority may contract to make host locality payments to
Roanoke County, the City of Roanoke, the City of Salem, and the Town of Vinton to compensate
such localities in consideration of location of facilities within their communities anTor for their
support of the Authority. It is not practicable to set forth herein information regarding
preliminary estimates of capital costs, proposals for specific projects to be undertaken, or initial
rates for proposed projects.
(5) The Authority shall serve the County of Roanoke, the City of Roanoke, the Town
of Vinton, the City of Salem, and to the extent permitted by the Act and by the terms of these
Articles and the Use Agreement, such other public or private entities as the Authority may
determine upon the terms and conditions established pursuant to such contracts.
(6) The Authority shall cause an annual audit of its books and records to be made by
the State Auditor of Public Accounts or by an independent certified public accountant at the end
27
of each fiscal year and a certified copy thaenf to be liled promptly with the governing body of
each of participating political subdivisions.
IN WITNESS WHEREOF the Board of Supervisors of Roanoke County, Virginia, the
Town Council of file Town of Vinton, the City Council of' the City of Roanoke, Virginia, the
City Council of the City of Salem, Virginia, and the Board of Directors of the Roanoke Valley
Resource Authority have caused these Amended and Restated Articles of Incorporation to be
executed in their respective names, and their respective seals have been affixed hereto and
attested by the respective secretaries and /or clerks of each.
ROANOKE VALLEY RESOURCE
AUTHORITY
By:
Name: Anne Mari. Green
Chair
Attest:
Peggy Bishop , Secretary
ROANOKE COUNTY, VIRGINIA
By:
Name: P. Jason Peters
Chairman, Board of Supervisors
Attest: _ (SEAL)
Deborah C. Jacks, Chief Deputy Clerk
CITY OF ROANOKE, VIRGINIA
E
Name: David A. Bowers
Mayor
Attest: (SEAL)
Stephanie M. Moon Reynolds, City Clerk
CITY OF SALEM, VIRGINIA
By:
Name: Byron R. Foley
Mayor
Attest _(SEAL)
James E. Taliferro, II Clerk of
Council
"DOWN OF VINTON, VIRGINIA
BY:
Name: Bracllcy F. Grose
Mayor
Attest (SEAL)
Susan N.Johnson, "Down Clerk
[End of Form ol'Articles]
29
LxhibR "B"
Asset #
Item
Serial#
Capitalization
Date
Stationary Equipment
2973
Compactor No .1
153060
113112007
29K2
Compactor No 2
153061
113112007
2975
40 up Ton Flat Top Truck Scale
836040HD1
1/31/2007
297660'
100 lon Flat Top Truck Scale
841006OHD
1/31/2007
2974
Compuwrigh Sys. Software
NA
1/31/2007
2963
Gateway 6951SR Server
36751391
7/6/2006
2915
Corrugated Cardboard Baler
SE- 504842 -830
3/23/2006
Subtotal
Rolling Equipment
0807005
1989 John Deere 544 Wheel Loader
DW544ED525242
7/29/2008
2966
1989 John Deere 544 Wheel Leader
DWS44EB517602
7/17/2006
287820060ttows
30 Commando Switch Truck
314679
9/8/2006
2419
1999 Chev. K1500 Pickup Truck
1GCEK14V9XZ112863
12/3/1998
2140
2003 8636 Bobcat Skid Steer leader
514451115
1/1/1999
2703
1991 Maeda B26001 Pickup Truck
I102UF4143M0115203
8/29/1994
2964
2007 Bobcat S220K Skid Steer Loader w/60'
Bucket
530712472
9/11/2006
2965
2007 Bobcat S220K Skid Steer Loader w 172 "Sweeper
530712488
9/11/2006
15 -1DOD1
1993 Ottawa YT30 Shuttle Truck
4484800968 767
10/15/2015
Subtotal
39 -LO01
Land - approx. 5 acres
6/30/1977
Note -. Salem to retain out -panel across the street, the
total acreage subject to final survey
Buildings and Site Work
39 -8002
Windows & Doors
113112007
39 -B003
Fence
1/31/2007
39 -8004
Parking Lots & Paving
1/31/2007
39 -8005
Plumbing
1/31/2007
39 -8006
Roofing
1/31/2007
39.8007
Bullent,
1/31/2007
39 -8008
Sprinkler System
1/31/2007
39 -1001
Water System
1/31/2007
39 -1002
Sanitary Sewer System
1/31/2007
391003
Storm Drain
1/31/2007
391004
Sidewalks
1/31/2007
391005
Retaining Wall
1/31/2007
39.1006
Landscaping
113112007
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
04x4 O rk'5 0,41ce
4TH FLLOR , NOEL C. TAYLOR MUNICI AL
BUILDING
215 CHURCH AVE. SW, ROOM 456
ROANOKE, VA 24011
Account Number
6010807
Date
May 18, 2016
Date Category Description Ad Size Total COSt
9512412016 Legal Notices NOTICE OF PUBLIC HEARING REGARDING SALEM. VIRGIa 1 x 76 L 416.56
NOTICE OF PUBLIC HEARING
REGARDING SALEM,
VIRGINIA,
JOINING THE ROANOKE
VALLEY RESOURCE
AUTHORITY
Corny yeof the Proposed resolution m be
e Council of me City of
nuke. V ¢need
utbmted ..... ke Valley R
lty M Illt of uuse
/greement May be obtained from, o
ClerkWe 2 N
a..- 656.n u r
Real aylo
ankh., Building. 225 Church tAvenue.
S.W., Roanoke. Viralnla 30011, and! also
[Me as to
� of tbeR Poke
ve Valley ResourceA,th —ty located at
Virg] Of a.ilJn. .—I. N.E.. Roamke.
All interested p e henaontltes are
nym ra tbove orlte
e to no heard on me above
If aVon s a disability or' W1. needs this
Public Person
a the
ro City Clerk at (590) e
�e by norm on Thursday. June 16.
ioi's
oaten. May la, 2o36
.t.enan e M Mnon Rel —ke. c.0
Counde of the C fy or Roanoke, V Irglnla
(317732>
Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice NOTICE OF
PUBLIC HEARING was published in said newspapers on the
following dates:
nzvcunJta
The First insertion being given ... 05/18/2016
Newspaper reference: 0000317732
V
Ell ng Representative
Sworn to and subscribed before me this Wednesday, May 18, 2016
aP �GwF4 F/1'
Notary Pubh
State of Virginia grGSARo le23
City/County of Roanoke 4U _ My lL70 30lE1qfe6
My Commission expires
NGi'RY PVO�
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
A/
NOTICE OF PUBLIC HEARING REGARDING SALEM, VIRGINIA,
JOINING THE ROANOKE VALLEY RESOURCE AUTHORITY
Notice is hereby given, pursuant to Section 15.2 -5104 of the Code of Virginia (1950), as
amended, that the Council of the City of Roanoke, Virginia, will hold a public hearing on June
20, 2016, at 2:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber,
4ih Floor, Room 450, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
Roanoke, Virginia 24011, for the purpose of receiving public comment on thejoinder of the City
of Salem, Virginia, to the Roanoke Valley Resource Authority and on approval and execution of
an Amended and Restated Articles of Incorporation of the Roanoke Valley Resource Authority
for accomplishing such joinder of City of Salem, Virginia, together with any related matters.
Copies of the proposed resolution to be adopted by the Council of the City of Roanoke, Virginia,
and the Amended and Restated Roanoke Valley Resource Authority Members and Facilities Use
Agreement may be obtained from, or reviewed at, the Office of the City Clerk, Room 456, Noel
C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, and also at
the Executive Offices of the Roanoke Valley Resource Authority located at 1020 Hollins Road,
N.E., Roanoke, Virginia 24012.
All interested persons and entities are invited to attend the above public hearing and to be heard
on the above matters.
If you are a person with a disability who needs accommodation for this public hearing, please
contact the Office of the City Clerk at (540) 853 -2541, by noon on Thursday, June 16, 2016.
Dated: May 18, 2016
Stephanie M. Moon Reynolds, CMC
City Clerk
Council of the City of Roanoke, Virginia
NOTE TO PUBLISHER:
Please publish once in the Roanoke Times, legal notices, on Wednesday. May 18, 2016
Please send affidavit of publication to:
Stephanie M. Moon Reynolds, City Clerk
4`h Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 456
Roanoke, Virginia, 24011
Please bill: Roanoke Valley Resource Authority, Ann. Dan Miles, Chief Executive Officer, 1020
Hollins Road, Roanoke, Virginia 24012. Thank you.
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
19
r)
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: plerkCro ..keva.gpv
June 21, 2016
The Honorable Brenda S. Hamilton
Clerk of Circuit Court
Roanoke, Virginia
Dear Ms. Hamilton:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
I am enclosing a certified true copy of Resolution No. 40548- 062016 authorizing the
issuance of not to exceed twenty -eight million dollars ($28,000,000) aggregate principal
amount of general obligations of the City of Roanoke, Virginia, in the form of General
Obligation Public Improvement Bonds of the city, for the purpose of providing funds to
pay the costs of the acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of various Public Improvement projects of and for the city
(including related design and architectural and engineering services); fixing the form,
denomination and certain other details of such bonds; providing for the sale of such
bonds, together with other General Obligation Public Improvement Bonds of the city;
authorizing the preparation of a preliminary official statement and an official statement
relating to such bonds and the distribution thereof and the execution of a certificate
relating to such official statement; authorizing the execution and delivery of a continuing
disclosure certificate relating to such bonds; authorizing and providing for the issuance
and sale of a like principal amount of General Obligation Public Improvement Bond
anticipation notes in anticipation of the issuance and sale of such bonds; delegating to
the City Manager and the Director of Finance certain powers with respect to the sale
and determination of the details of such bonds and notes; and otherwise providing with
respect to the issuance, sale and delivery of such bonds and notes.
Pursuant to Section 12 of Resolution No. 40548 - 062016, 1 am hereby directed to file a
copy of this Resolution, certifying it to be a true copy hereof, with the Circuit Court of the
City of Roanoke, Virginia, all in accordance with Section 15.2 -2607 of the Code of
Virginia, 1950 as amended.
The Honorable Brenda S. Hamilton
June 21, 2016
Page 2
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 20, 2016.
Sincerely,
C I
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Kristine L. Flynn, Bond Counsel, Hawkins, Delafield & Wood, LLP, 28 Liberty
Street, 42nd Floor, New York, New York 10005 -1401
Kevin Rotty, Managing Director, Public Financial Management, Inc., 4350 North
Fairfax Drive, Suite 580, Arlington, Virginia 22203
Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass
Avenue, N. W., Roanoke, Virginia 24012
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Amelia C. Merchant, Director, Management and Budget
Sheila Umberger, Director, Libraries
Nicole Ashby, Business Coordinator, Parks and Recreation
Bob Bengtson, Director, Public Works
Dwayne D'Ardenne, Manager, Stormwater Division
Mark Jamison, Manager, Department of Transportation
Sonya Roman, Manager, E911 Center
y J:
IN THE, COUNCIL OFTHE CITY OF ROANOKE, VIRGINIA
The 20th day of ,Tune, 2016.
No. 40548- 062016.
A RESOLUTION AUTHORIZING 'THE ISSUANCE OF NOT TO EXCEED TWENTY-
FIGHT MILLION DOLLARS ($28,1100,000) AGGREGATE PRINCIPAL AMOUNT OF
GENERAL OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM
OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY, FOR
THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF THE
ACQUISITION, CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT,
EXTENSION, ENLARGEMENT AND EQUIPPING OF VARIOUS PUBLIC
IMPROVEMENT PROJECTS OF AND FOR THE CITY (INCLUDING RELATED
DESIGN AND ARCHITECTURAL AND ENGINEERING SERVICES); FIXING THE
FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS;
PROVIDING FOR THE SALE OF SUCH BONDS, TOGETHER WITH OTHER
GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY;
AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL
STATEMENT AND AN OFFICIAL STATEMENT RELATING TO SUCH BONDS AND
THE DISTRIBUTION THEREOF AND THE EXECUTION OF A CERTIFICATE
RELATING TO SUCH OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION
AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO
SUCH BONDS; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE
OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC
IMPROVEMENT BOND ANTICIPATION NOTES IN ANTICIPATION OF THE
ISSUANCE AND SALE OF SUCH BONDS; DELEGATING TO THE CITY MANAGER
AND THE DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT TO THE
SALE AND DETERMINATION OF THE DETAILS OF SUCH BONDS AND NOTES;
AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND
DELIVERY OF SUCH BONDS AND NOTES
WHEREAS, in the judgment of the Council (the "Council') of the City of
Roanoke, Virginia (the "City "), it is desirable (i) to authorize the City to contract a debt a,3d to
authorize the issuance of not to exceed $28,000,000 aggregate principal amount of general
obligations of the City, in the form of General Obligation Public Improvement Bonds of the City,
for the purpose of providing funds to pay the costs of the acquisition,, construction,
reconstruction, improvement, extension, enlargement and equipping of various public
improvement projects of and for the City (including related design and architectural and
engineering services), (ii) to authorize the issuance of a like principal amount of General
Obligation Public Improvement Bond Anticipation Notes in anticipation of the issuance of such
Bonds and (iii) to authorize the sale of such Bonds, together with other previously authorized
general obligation public improvement bonds of the City;
2638213.1939686 RSIND
NOW, "fHHRF,FORE, BE IT RESOLVED 13Y THE COUNCIL OF Tllb: CITY
OF ROANOKE, VIRGINIA:
SECTION I. (a) Pursuant to Chapter 26 of fide 15.2 of the Code of Virginia,
1950, as amended, the same being the Public Finance Act of 1991 (the "Public Finance Act of
1991 "), ibr the purpose of providing net proceeds of sale (after taking into account costs of
issuance, underwriting compensation and original issue discount) to pay the costs of the
acquisition; construction, reconstruction, improvement, extension, enlargement and equipping of
various public improvement projects of and for the City (including related design and
architectural and engineering services) as set forth in Section 7, the City is authorized to contract
a debt and to issue in one or more series from time to time not to exceed Twenty -Eight Million
Dollars ($28,000,000) aggregate principal amount of general obligation bonds of the City to be
designated and known as the "City of Roanoke, Virginia, General Obligation Public
Improvement Bonds" (referred to herein as the "Bonds").
(b) The Bonds shall be issued and sold in their entirety at one time, or from
time to time in part in series, as shall be determined by the Director of Finance. There shall be
added to the designation of the Bonds a series designation determined by the Director of Finance.
The Bonds shall be issued in fully registered form in the denomination of $5,000 each or any
integral multiple thereof. The Bonds of a given series shall be numbered from No. R -1 upwards
in order of issuance. The Bonds shall bear interest from their date payable on such date and
semiannually thereafter as shall be determined by the City Manager and the Director of Finance
in accordance with the provisions of Section 8 hereof. The Bonds of each series shall be issued
in such aggregate principal amounts (not exceeding the aggregate principal amount specified in
Section 1(a) heroo0; and shall mature on such dates and in such years (but in no event exceeding
forty (40) years from their date or dates), and in the principal amount in each such year, as shall
be determined by the City Manager and the Director of Finance in accordance with the
provisions of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a three
hundred sixty (3 60) day year comprised of twelve (12) thirty (3 0) day months.
(c) The Bonds (or portions thereof in installments of $5,000) may be subject
to redemption at the option of the City prior to their stated maturities, in whole or in part from
time to time on any date, in such older as may be determined by the City (except that if at any
time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds
or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by
lot), upon payment of such redemption prices (expressed as a percentage of the principal amount
of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the
redemption thereof, as shall be determined by the City Manager and the Director of Finance in
accordance with the provisions of Section 8 hereof.
(d) (I) If any Bond (or any portion of the principal amount thereof in
installments of $5,000) shall be called for redemption, notice of the redemption thereof,
specifying the date, number and maturity of such Bond, the date and place or places fixed for its
redemption, and if less than the entire principal amount of such Bond is to be redeemed, that
such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and
a new Bond or Bonds issued equalling in principal amount that portion of the principal amount
thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed
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2638213 1 039686 soon
for redemption, by first class mail, postage prepaid, to the registered owner the rcoI at the address
of such registered owner as it appears on the books of registry kept by the Registrar and Paying
Agent as of the close of business on the forty -fifth (45th) day next preceding the date fixed for
redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and
payment of the principal amount of such Bond (or the potion of the principal amount thereof to
he redeemed) and of the accrued interest payable upon such redemption shall have been duly
made or provided for, interest thereon shall cease to accrue from and after the date so specified
for the redemption thereof.
(ii) Any notice of the optional redemption of the Bonds may state that it is
conditioned upon there being on deposit with the City on the date fixed for the redemption
thereof an amount of money sufficient to pay the redemption In ice of such Bonds, together with
the interest accrued thereon to the date fixed for the redemption thereof, and any conditional
notice so given may be rescinded at any time before the payment of the redemption price of such
Bonds, together with the interest accrued thereon, is due and payable if any such condition so
specified is not satisfied. If a redemption of any Bonds does nor occur after a conditional notice
is given due to there not being on deposit with the City a sufficient amount of money to pay the
redemption price of such Bonds, together with the interest accrued thereon to the date fixed for
the redemption thereof, the corresponding notice of redemption shall be deemed to be revoked.
(iii) So long as the Bonds are in book -entry only form, any notice of
redemption shall be given only to The Depository Trust Company, New York, New York
( °DTC" ), or to its nominee. The City shall not be responsible for providing any beneficial owner
of the Bonds any notice of redemption.
SECTION 2. The full faith and credit of the City shall be and is irrevocably
pledged to the punctual payment of the principal of and interest on the Bonds as the same
become due. In each year while the Bonds, or any of them, are outstanding and unpaid, this
Council is authorized and required to levy and collect amorally, at the same time and in the same
manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable
property within the City, over and above all other taxes, authorized or limited by law and without
limitation as to rate or amount, sufficient to pay when due the principal of and interest on the
Bonds to the extent other funds of the City are not lawfully available and appropriated for such
purpose.
SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by
the manual or facsimile signature of the Mayor of the City and shall have a facsimile of the
corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the
City Clerk of the City.
(b) The Director of Finance is hereby authorized to appoint a Registrar and
Paying Agent for the Bonds (the "Registrar and Paying Agent "),
(c) The Director of Finance shall direct the Registrar and Paying Agent to
authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until
the certificate of authentication endorsed on each Bond shall have been manually executed by an
authorized signatory of the Registrar and Paying Agent. Upon the authentication of any Bonds
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2638213.1 039686 RSIND
the Registrar and Paying Agent shall insert in the certificate of authentication the date as of
Which such Bonds arc authenticated as follows: (i) if a Bond is authenticated prior to the first
interest payment data the certificate shall be dated as of the date of the initial issuance and
delivery of the Bonds of the series of Bonds of which such Bond is one, a if a Bond is
authenticated upon an interest ( )
p payment date, the certificate shall be dated as of such interest
payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month
next preceding an interest payment date and prim- to such interest payment date, the certificate
shall be dated as of such interest payment date and (iv) in all other instances the certificate shall
be dated as of the interest payment date next preceding the date upon which the Bond is
as th end cat ed. In the event the Bonds of any series shall be dated as of a date other than the first
day of a calendar month or the dates on which interest is payable on such series are other than
the first days of calendar months, the provisions of this Section 3(c) with regard to the
authentication of such Bonds and of Section 9 hereof with regard to the form of such Bonds shall
be modified as the Director of Finance shall determine to be necessary or appropriate.
(d) The execution and authentication of the Bonds in the manner set forth
above is adopted as a due and sufficient authentication of the Bonds.
SECTION 4. (a) The principal of and interest on the Bonds shall be payable in
such coin or curioncy of the United States of America as at the respective dates of payment
thereof is Legal tender for public and private debts. The principal of the Bonds shall be payable
upon presentation and surrender thereof at the office of the Registrar and Paying Agent. Interest
on the Bonds shall be payable by check mailed by the Registrar and Paying Agent to the
registered owners of such Bonds at their respective addresses as such addresses appear on the
books of registry kept pursuant to this Section 4; provided, however, that so long as the Bonds
are in book -entry form and registered in the name of Cede & Co., as nominee of DTC, or in the
name of such other nominee of DTC as may be requested by an authorized representative of
DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC
by wire transfer.
(b) At all times during which any Bond of any series remains outstanding and
unpaid, the Registrar and Paying Agent for such series shall keep or cause to be kept at its office
books of registry for the registration, exchange and transfer of Bonds of such series. Upon
presentation at its office for such purpose the Registrar and Paying Agent, under such reasonable
regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered,
exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth.
(c) The books of registry shall at all times be open for inspection by the City
or any duly authorized officer thereof.
(d) Any Bond may be exchanged at the office of the Registrar and Paying
Agent for such series of Bonds for a like aggregate principal amount of such Bonds in other
authorized principal sums of the same series, interest rate mad maturity.
(e) Any Bond of any series may, in accordance with its terms, be transferred
upon the books of registry by the registered owner of such Bond in person or by the duly
authorized attorney for such registered owner, upon surrender of such Bond to the Registrar and
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2638213) G39686 RSIND
Paying Agent lb, cancellation, accompanied by a written insuunhenl of ruilslel duly executed by
the registered owner in person or by the duly authorized attorney Rx such registered owner, in
lixm sati.slaclory to the Rcgistrar and Paying Agent.
(1) All transfers or exchanges pursuant to this Section 4 shall be made without
expense to the registered owners of such Bonds, except as otherwise hanin provided, and except
that the Registrar and Paying Agent Per such series of Bonds shall requirc the payment by the
registered owner of the Bond requesting such transfer or exchange of any tax or other
governmental charges required to be paid with respect to such transfer or exchange. All Bonds
surrendered pursuant to this Section 4 shall be cancelled.
(g) (i) The Bonds shall be issued in fill] book -entry Conn. One Bond
representing cacti maturity of the Bonds will be issued to and registered in the name of Cede &
Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be
immobilized in the custody of DTC. DTC will act as securities depository for the Bonds.
Individual purchases will be made in book -enny form only, in the principal amount of $5,000 or
any integral multiple thereof. Purchasers will not receive physical delivery of certificates
representing their interest in the Bonds purchased.
(ii) Principal and interest payments on the Bonds will be made by the
Registrar and Paying Agent to DTC or its nominee, Cede & Co., as registered owner of the
Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal
to the beneficial owners of the Bonds. Transfers of principal and interest payments to DTC
participants will be the responsibility of DTC. Transfers of such payments to beneficial owners
of the Bonds by DTC participants will be the responsibility of such participants and other
nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be
accomplished by book entries made by DTC and, in turn, by the DTC participants who act on
behalf of the indirect participants of DTC and the beneficial owners of the Bonds.
(iii) The City will not be responsible or liable for sending transaction
statements or for maintaining, supervising or reviewing records maintained by DTC, its
participants or persons acting through such participants or for transmitting payments to,
communicating with, notifying, or otherwise dealing with any beneficial owner of tie Bonds.
SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds,
but no such number shall constitute a part of the contract evidenced by the particular Bond upon
which it is printed; no liability shall attach to the City or any officer or agent thereof (including
any paying agent for the Bonds) by reason of such numbers or any use made thereof (including
any use thereof made by the City, any such officer or any such agent) or by reason of any
inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or
omission with respect to such numbers shall not constitute cause for failure or refusal by the
successful bidder or purchaser to accept delivery of and pay for the Bonds in accordance with the
terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers
on the Bonds shall be paid by the City; provided hor ever, that the CUSIP Service Bureau
charge for the assignment of such numbers shall be the responsibility of the successful bidder for
or purchaser of the Bonds.
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2638213.1 039686 RSIND
(b) A copy of the linal legal opinion will respect to the Bonds, with the name
of the attorney or attorneys rendering the same, together with it cclttication of the City Clerk,
executed by a facsilnile signature of Ilal officer, to the el'fcct that such copy is x true and
complete copy (except for letterhead and dole) of the leg,d opinion which was elated as Of' (Ile
elute of delivery of and payment bol the I3oncls, may be printed on the Bonds.
SECTION 6. 'ho the extent it shall be col tenr Ill aled at the time of their issuance
that the interest on any Bonds issued hCrenilder shall be excludable from gross income for
purposes of federal income taxation, the City covenants and agrees that it shall comply with the
provisions of Sections 103 and 141 -150 of the Internal Revenue Code of 1986, as amended, and
the applicable Treasury Regulations promulgated under such Sections 103 and 141 -150 so long
as any such Bonds are outstanding.
SECTION 7. The net proceeds of the sale of the Bonds authorized for issuance
in the aggregate principal amount of not to exceed $28,000,000 in Section I (a) (after taking into
account costs of issuance, undeivonting compensation and original issue discount) shall be
applied to the payment of the cost of the following public improvement projects of and for the
City in the following respective approximate amounts:
Purpose
Amount
School Facility Maintenance and Improvements
$5,000,000
Bridge Renovation
8,050,000
Library Master Plan
2,845,000
Parks and Recreation Master Plan
2,500,000
Stormwater Management
1,620,000
Curb, Gutter and Sidewalk Program
1,000,000
Street Scapes
500,000
911 Center
1,500,000
Street Improvements
3,51li
$26,515,000
If any project set forth above shall require less than the entire respective amount so set forth, the
difference may be applied to any of the other projects so set forth, without further action by the
Council, and net proceeds constituting original issue premium, if any, shall be allocated to the
projects above in such amounts as shall be determined by the City Manager and the Director of
Finance.
SECTION S. (a) The Bonds shall be sold at negotiated or competitive sale on
such date or dates and at such price or prices as shall be determined by the City Manager and the
Director of Finance. The Bonds may be issued as taxable or tax - exempt Bonds as shall be
determined by the City Manager and the Director of Finance.
(b) If the Bonds are sold at competitive sale, the Director of Finance is hereby
authorized to prepare and distribute, or to cause to be prepared and distributed, via electronic
dissemination or otherwise, a Preliminary Official Statement and an Official Notice of Sale
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2638213 1 039696 RSIND
relating to the Bonds. In preparing the Official Notice of Salc relating to the Bonds, the Director
of Finance is hereby aulhorized to provide that bids for the purchase of the Bonds may be
received by electronic bidding.
(c) If the Bonds are sold at competitive sale, the City Manager and the
Director of Finance, without further action by the Council, (i) are hereby authorized to determine
the dated date of the Bonds of each series, the dates the Bonds of each series shall matura, the
elates on which interest on the Bonds shall be payable, the aggregate principal amount of the
13onds of cacti series and the principal amount of the Bonds of each series manuring in each year
and (ii) are hereby I'll rlIle] authorized to receive bids for the purchase of the Bonds of each series
and to accept the bid offering to purchase the Bonds of each series at the lowest true interest cost
to the City; provided, however, in no event shall the true interest cost to the City with respect to
the Bonds of any series exceed five pencent (5.00 %). The City Manager and the Director of
Finance are further authorized to fix the rates of interest to be borne by the Bonds of each
maturity of each series as specified in the bid accepted by them in accordance with the
immediately preceding sentence. The City Manager and the Director of Finance are hereby
authorized to determine the provisions relating to the redemption of the Bonds of any series upon
the advice of the City's financial advisor; provided, however, in no event shall any redemption
premium payable by the City exceed two percent (2.00 %), except that any taxable Bonds issued
may be subject to redemption at a redemption price that includes a make -whole premium, as may
be determined by the City Manager and the Director of Finance at the time of sale of any such
taxable Bonds.
(d) If the Bonds are sold at negotiated sale, the City Manager and the Director
of Finance, without further action of the Council, (i) are hereby authorized to determine the dated
date of the Bonds of each series, the dates the Bonds of each series shall mature, the dates on
which interest on the Bonds shall be payable, the aggregate principal amount of the Bonds of
each series and the principal amount of the Bonds of each series maturing in each year and
(ii) are hereby authorized to select the underwriters of the Bonds (the "Underwriters ") and to sell
the Bonds in one or more series in accordance herewith to the Underwriters. If the Bonds are
sold at negotiated sale, the Bonds shall bear interest at such rates per annum as shall be approved
by the City Manager and the Director of Finance; provided, however, in no event shall the true
interest rate for the Bonds of any series exceed five percent (5.00 %). The City Manager and the
Director of Finance are further authorized to fix the rates of interest to be home by the Bonds of
each maturity of each series as negotiated with the Underwriters in accordance with the
immediately preceding sentence. The City Manager and the Director of Finance are hereby
authorized to determine the provisions relating to the redemption of the Bonds of any series upon
the advice of the City's financial advisor; provided, however, in no event shall any redemption
premium payable by the City exceed two percent (2.00 %), except that any taxable Bonds issued
may be subject to redemption at a redemption price that includes a make -whole premium, as may
be determined by the City Manager and the Director of Finance at the time of sale of any such
taxable Bonds. Either or both of the City Manager and the Director of Finance are authorized to
execute and deliver to the Underwriters one or more Bond Purchase Contracts relating to the sale
of the Bonds by the City to the Underwriters.
(e) Tire Mayor is hereby authorized and directed to execute and deliver to the
purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially
?638213.1 039686 R51ND
the form of the Preliminary Official Statement relining to the Bonds, after file same has been
completed by the insertion of the maturities, interest rates and other details of the Bonds and by
malting such other insertions, changes or corrections as the Mayor, based on the advice of the
('fly's financial advisor and legal counsel (including the City Attorney and Bond Counsel),
dcelns ncecssary or appropriatc; and this Council hereby authorizes the Official Statement and
the information contained therein to be used by the purchasers in connection with the sale of tile
Bonds. The Preliminary Official Statement is "deemed final" fur purposes of Rule I5c2 -12
promulgated by the Securities and Exchange Commission pu1-suant to file Securities Hxchangc
Act oh 1934, as amended ( "Rude 15c2-12"), The City Manager and the Director of Finance arc
hereby authorized and directed to execute on behalf of the City and deliver to the purchasers a
certificate in substantially the form to be included in the Official Statement under the caption
"Certificate Concerning Official Statement ".
(t) The City Manager and the Director of Finance are hereby authorized to
execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to
the Bonds evidencing the City's undertaking to comply with the continuing disclosure
requirements of Paragraph (b)(5) of Rule I5c2 -12 in such form as shall be approved by the City
Manager and the Director of Finance upon advice of counsel (including the City Attorney and
Bond Counsel), such approval to be conclusively evidenced by their execution thereof.
(g) All actions and proceedings heretofore taken by this Council, the City
Manager, the Director of Finance and the other officers, employees, agents and attorneys of and
for the City in connection with the issuance and sale of the Bonds are hereby ratified and
confirmed.
SECTION 9. The Bonds, the certificate of authentication of the Registrar and
Paying Agent, and the assignment endorsed on the Bonds, shall be in substantially the forms set
forth in Exhibit A attached hereto.
SECTION 10. General obligation public improvement bond anticipation notes
(the "Notes ") are authorized for issuance and sale by the City Manager and the Director of
Finance in anticipation of the issuance of the general obligation bonds authorized for issuance
herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on
such other terms and conditions as shall be determined by the City Manager and the Director of
Finance. The City Manager and the Director of Finance (i) are hereby authorized to determine
the dated date of the Notes of each series, the dates the Notes of each series shall mature, the
dates on which interest on the Notes shall be payable, the aggregate principal amount of the
Notes of each series and the principal amount of the Notes of each series maturing in each year
and (ii) are hereby further authorized to receive bids for the purchase of the Notes of each series
if sold at competitive sale or proposals for the purchase of the Notes of each series if sold at
negotiated sale and, without further action of the Council, to accept the bid or proposal offering
to purchase the Notes of each series at the lowest true interest cost to the City; provided,
however, in no event shall the true interest cost to the City with respect to the Notes of any series
exceed five percent (5.00 %). The City Manager and the Director of Finance are further
authorized to fix the rates of interest to be bore by the Notes of each maturity of each series as
specified in the bid or proposal accepted by them in accordance with the immediately preceding
sentence. The City Manager and the Director of Finance are hereby authorized to determine the
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2638213,1 039686 RSIND
provisions relating to the redemption ofthe Notes upon the advice of the City's financial advisor;
provided, hnepever, in no even! shall any redemption premium payable by the City exceed two
percent (2.00' 1/u). 11 such Notes are "lured for competitive sale, an Official Notice of Sale of
such Notes shall he prepared, published and distributed in accordance with the requirements of
Section 8. If such Notes are publicly offered, there may also be prepared and distributed a
Preliminary Official Statement and a final Official Statement relating to such Notes in such form
as shall be approved by the Director of I'InalteC. 'file issuance and details of such Notes shall be
governed by the provisions of Section 15.2 -2628 of Title 15.2, Chapter 26, Article 2 of the Code
of Virginia, 1950, as amended. The provisions of Sections 2 and 6 shall apply to such Notes to
the some extent the same apply to the Bonds except, in the case of the provisions of Section 2,
only to the extent such Notes are not paid from the proceeds of the Bonds or from any other
available funds. Bonds in anticipation of which such Notes are issued pursuant to this Section 10
may be issued and sold in accordance will' the provisions of this Resolution at any time within
five (5) years of tile date ol'isstlauce of the first Notes issued in anticipation of such Bonds.
SECTION 11. The Council hereby authorizes the City to make expenditures for
the purpose for which the Bonds are to be issued in advance of the issuance and receipt of the
proceeds of the Bonds and to reimburse such expenditures from the proceeds of the Bonds. The
adoption of this Resolution shall be considered an "official intent" within the meaning of
Treasury Regulation Section 1.150 -2 promulgated under the internal Revenue Code of 1986, as
amended.
SECTION 12. The City Clerk is hereby directed to the a copy of this Resolution,
certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of
Roanoke, Virginia, all in accordance with Section 15.2 -2607 of the Code of Virginia, 1950 as
amended.
SECTION 13. All ordinances, resolutions and proceedings in conflict herewith
are, to the extent of such conflict, repealed.
ATTEST:
City Clerk J
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26382131 039686 RSIND
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND
SERIES
REGISTERED
No. R--
EXHIBIT A
REGISTERED
MATURITY INTEREST
DATE: RATE: DATE OF BOND: CUSIP NO.:
REGISTERED OWNER: CEDE & CO.
PRINCIPAL SUM:
DOLLARS
THE CITY OF ROANOKE, in the Commonwealth of Virginia (the "City "), for
value received, acknowledges itself indebted and hereby promises to pay to the Registered
Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this
Bond shall be subject to prior redemption and shall have been duly called for previous
redemption and payment of the redemption price duly made or provided for), the Principal Sum
(specified above), and to pay interest on such Principal Sum on and
semiannually on each and thereafter (each such date is hereinafter
referred to as an "interest payment date "), from the date hereof or from the interest payment date
next preceding the date of authentication hereof to which interest shall have been paid, unless
such date of authentication is an interest payment date, in which case from such interest payment
date, or unless such date of authentication is within the period from the sixteenth (16th) day to
the last day of the calendar month next preceding the following interest payment date, in which
case from such following interest payment date, such interest to be paid until the maturity or
redemption hereof at the Interest Rate ( specified above) per annum, by check mailed by the
Registrar and Paying Agent hereinafter mentioned to the Registered Owner in whose name this
Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th)
day (whether of not a business day) of the calendar month next preceding each interest payment
date; provided, however, that so long as this Bond is in book -entry only form and registered in
the name of Cede & Co., as nominee of The Depository Trust Company ( "DTC "), or in the name
of such other nominee of DTC as may be requested by an authorized representative of DTC,
interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire
transfer. Interest on this Bond shall be calculated on the basis of a three hundred sixty (360) day
A -1
2638213.1 039686 RSIND
year co III prisecl of twelve (12) thirty (30) clay months. 'Ile principal of this Bond is payable
upon presentation :Ind surrender hm'eol, at the office of , as the 2egIsIIar and Paying
Agent, in the City of. . Principal of and interest on this Bond arc
payable in any coin or cun-ency of the llnitecl States of America which, on the respective dates of
payment lhevo I shall be IcgaI trader for public and private ctebts.
This Bond is one o 'a 11 issue of Bonds of like date, dc11 oin i nati on and ten or except
as to number, interest rate and maturity, which is issued for file purpose of providing funds to
pay the costs of the acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of various public improvement projects of and for the City (including
related design and architectural and engineering services), under and pursuant to and in full
compliance with the Constitution and statutes of the Commonwealth of Virginia, including
Chapter 26 of Title 15.2 of the Code of Virginia, 1950, as amended (the same being the Public
Finance Act of 1991), and resolutions and other proceedings of the Council of the City duly
adopted and taken under the Public Finance Act of 199).
The Bonds of the issue of which this Bond is one (or portions thereof in
installments of $5,000) maturing on and alter __ 1, 20 are subject to redemption at the
option of the City prior to their stated maturities, on or after __ I, 20 , in whole or in
Part from time to time on any dale, in such order as may be determined by the City (except that if
at any time less than all of the Bonds of a given maturity are called for redemption, the particular
Bonds of portions thereof in installments of $5,000 of such maturity to be redeemed shall be
selected by lot), upon payment of a redemption price equal to the principal amount of the Bonds
to be redeemed, together with the interest accrued thereon to the date fixed for the redemption
thereof.
The Bonds of the issue of which this Bond is one maturing on _ are
subject to mandatory sinking fund redemption on _ _ and on _ of each year
thereafter and to payment at maturity on __ in the principal amounts in each year set
forth below, in the case of redemption with the particular Bond or Bonds maturing on _ _
or portions thereof to be redeemed to be selected by lot, upon payment of the principal
amount of the Bonds maturing on _ to he redeemed, together with the interest
accrued on the principal amount to be redeemed to the date fixed for the redemption thereof:
Year Principal Amount
The City, at its option, may credit against such mandatory sinking lmd redemption requirement
the principal amount of any Bonds maturing on _ _which have been purchased and
cancelled by the City or which have been redeemed and not theretofore applied as a credit
against such mandatory sinking fund redemption requirement.
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2638213.1 039686 RSIND
If this Bond is redeemable and this Bond (or any Portion of the principal amount
hereof in installments of 85,000) shall be called for redemption, notice of the redemption hereof,
specifying the date, number and maturity ofthis Bond, the date and place or places fixed for its
redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this
Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new
Bond m Bonds issued equalling in principal anount that portion of the principal amount hereof,
not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for
redemption, by Ilrsl class mail, postage Prepaid, to the Registered Owner hereof at the address of
such Registered Owner as it appeals on the books of registry kept by the Registrar and Paying
Agent as of the close of business on the forty -fifth (45th) day next preceding the date fixed for
redemption if notice of the redemption of this Bond (or the portion of the principal amount
hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount
of this Bond (at the portion of the principal amount hereof to be redeemed) and of the accrued
interest payable upon such redemption shall have been duly made or provided for, interest
hereon shall cease to accrue from and after the date so specified for the redemption hereof.
Any notice of the optional redemption of this Bond may state that it is conditioned
upon there being on deposit with the City on the date fixed for the redemption hereof an amount
of money sufficient to pay the redemption price of this Bond, together with the interest accrued
thereon to the date fixed for the redemption hereof, and any conditional notice so given may be
rescinded at any time before the payment of the redemption price of this Bond, together with the
interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If
a redemption of this Bond does not occur after a conditional notice is given due to there not
being on deposit with the City a sufficient amount of money to pay the redemption price of this
Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, the
corresponding notice of redemption shall be deemed to be revoked.
Subject to the limitations and upon payment of the charges, if any, provided in the
proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be
exchanged at the office of the Registrar and Paying Agent for a like aggregate principal amount
of Bonds of other authorized principal amounts and of the same issue, interest rate and maturity.
This Bond is transferable by the Registered Owner hereof, in person or by the attorney for such
Registered Owner duly authorized in writing, on the books of registry kept by the Registrar and
Paying Agent for such purpose at the office of the Registrar and Paying Agent but only in the
manner, subject to the limitations and upon payment of the charges, if any, provided in the
proceedings authorizing the Bonds of the series of which this Bond is one, and upon the
surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized
denominations and of the same aggregate principal amount, issue, interest rate and maturity as
the Bond surrendered, will be issued to the transferee in exchange herefor.
This Bond shall not be valid or obligatory unless the certificate of authentication
hereon shall have been manually signed by the Registrar and Paying Agent.
The full faith and credit of the City are irrevocably pledged to the punctual
payment of the principal of and interest on this Bond as the same become due. In each year
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2638213.1679686 MIND
while this Bond is outstanding and unpaid, the Council of the City shall be authorizer) and
required to levy and collect annually, at the same time and in the same mamter as other taxes of
the City are assessed, levied and collected, a tax upon all property within the City, over and
above all other taxes, authorized or limiter) by law and without limitation as to rate or amount,
suliicicut to pay the principal of and interest on this Bond to the extent other funds of the City
are not lawfully available and appropriated for such purpose.
It is certified, recited and declared that all acts, conditions and things required to
exist, happen or be performed precedent to and in the issuance of this Bond do exist, have
happened and have been performed in clue time, form and manner as requited by law, and that
the amount of this Bond, together with all other indebtedness of the City does not exceed any
limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of
Virginia.
IN WITNESS WHEREOF, the City has caused this Bond to be executed by the
manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be
imprinted hereon attested by the manual or facsimile signature of its City Clerk; and this Bond to
be dated the date first above written.
SEAL]
Attest:
City
CITY OF ROANOKE, VIRGINIA
Mayor
CERTIFICATE OF AUTHENTICATION
proceedings. This Bond is one of the Bonds delivered pursuant to the within - mentioned
as Registrar and Paying Agent
By:
Authorized Signatory
Date of Authentication:
A -4
2638213.1 039686 RSINn
ASSIGNMENT
FOR VALUE MWI?IVI?D the u11delsigloccl hereby scll(s), assign(s) and Iransfer(s) unto
O'Ic ise print or type name and adch ess, including postal zlp code of I i msferec)
PLEASE INSERT SOCIAL SECJRI "I`Y
OR OTHER TAX IDENTIFYING MJMBER OF TRANSFEREE:
the within Bond and all lights thereunder, hereby irrevocably constituting and appointing
Attorney, to transfer such Bond
on the books kept for the registration thereof, with fill power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteecl
by a member firm of The New York Stock
Exchange, Inc. or a commercial bank or trust
company.
A -5
(Signature of Registered Owner)
NOTICE: The signature above must
correspond with the name of the Registered
Owner as it appears on the face of this Bond
in every particular, without alteration,
enlargement or any change whatsoever.
26382131039686 RSIND
i2
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of June, 2016.
No. 40549- 062016.
AN ORDINANCE to appropriate funding to be provided by the issuance of
General Obligation Bonds to the Stormwater Improvements, City -wide
Curb /Gutter /Sidewalk, Streetscapes, Street Improvements FY17, Bridge Renovations,
Melrose Library Renovations, Countryside Library Renovations, Parks & Rec Master
Plan - Phase Il, E -911 Facility, Round Hill Expansion — Phase III, Crystal Spring HVAC
Replacement, and various school maintenance upgrade projects, amending and
reordaining certain sections of the 2016 -2017 Stormwater Utility, Capital Projects, and
School Capital Projects Funds, 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 2016 -2017 Stormwater Utility, Capital Projects, and School Capital
Projects Funds Appropriations be, and the same are hereby, added, amended, and
reordained to read and provide as follows:
Stormwater Utility Fund
Appropriations
Appropriated from 2017 Bond Funds
03 -530- 3014 -9385
$ 1,620,000
Stormwater Improvements
03- 530 - 3018 -9384
( 1,620,000)
Capital Projects Fund
Appropriations
Parks & Rec Master Plan - Phase II
08 -530- 9473 -9344
( 2,500,000 )
Streetscape Improvements
08 -530- 9473 -9363
( 500,000)
City -Wide Curb Gutter Sidewalk
08 -530- 9473 -9370
( 1,000,000 )
E -911 Facility
08 -530- 9473 -9372
( 1,500,000)
Library Renovations
08- 530 - 9473 -9378
(2,845,000 )
Bridge Renovations
08- 530 - 9473 -9383
( 8,050,000 )
Street Improvements
08- 530 - 9473 -9386
( 3,500,000 )
Appropriated from 2017 Bond Funds
08- 530 - 9128 -9385
573,520
Appropriated from 2017 Bond Funds 08- 530 - 9458 -9385 $ 2,500,000
Appropriated from 2017 Bond Funds
08- 530 - 9475 -9385
1,000,000
Appropriated from 2017 Bond Funds
08- 530 - 9476 -9385
500,000
Appropriated from 2017 Bond Funds
08 -530- 9580 -9385
2,500,000
Appropriated from 2017 Bond Funds
08 -530- 9586 -9385
1,500,000
Appropriated from 2017 Bond Funds
08- 530 - 9593 -9385
2,335,000
Appropriated from 2017 Bond Funds
08- 530 - 9594 -9385
1,850,000
Appropriated from 2017 Bond Funds
08 -530- 9595 -9385
665,000
Appropriated from 2017 Bond Funds
08 -530- 9597 -9385
1,000,000
Appropriated from 2017 Bond Funds
08- 530 - 9600 -9385
2,271,480
Appropriated from 2017 Bond Funds
08 -530- 9965 -9385
3,200,000
School Capital Protects Fund
Appropriations
Appropriated from 2017 Bond Funds
31- 065- 6039 -9385
1,000,000
Appropriated from 2017 Bond Funds
31- 065- 6082 -9385
3,650,000
Appropriated from 2017 Bond Funds
31- 065- 6086 -9385
350,000
Round Hill Exp — Phase IV
31- 060 - 9474 -9387
( 3,650,000 )
Crystal Spring HVAC Replacement
31- 060 - 9474 -9388
( 1,000,000 )
RCPS Maintenance Upgrades
31- 060 - 9474 -9389
( 350,000)
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
�� I!
City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: Authorization of FY 2017 Bond Issuance and Appropriation of
Funds for Capital Projects
Background:
On May 9, 2016, City Council approved the Capital Improvement Program (CIP)
Update for FY 2017 -2021. The CIP included planned bond issuance in FY 2017
in the amount of $26,51 5,000 for the following projects:
• School Facility Maintenance and Improvements - $5,000,000
Funding provides for HVAC replacement for Crystal Spring, continued
expansion and renovation of Round Hill, renovation and expansion of
Fallon Park and various other school improvements.
• Bridge Renovation - $8 050 000
Funding provides for identified bridge renovation projects.
• Library Master Plan - $2,84S,000
Funding provides for the Melrose branch renovation, as well as planning
and design work for the Countryside branch.
• Parks and Recreation Master Plan - $2,500,000
Funding provides for priority Parks and Recreation Master Plan projects.
• Storm Drain System Improvements - $1,620,000
Funding provides for addressing prioritized neighborhood stormwater
drain projects throughout the city.
• Curb Gutter and Sidewalk Program - $1,000,000
Funding provides for prioritized curb, gutter and sidewalk projects.
• Streetscape Improvements - $500,000
Funding provides for prioritized street scape projects.
• 911 Center- $1,500,000
Funding for planning and design work for a new 91 1 Center.
• Street Improvements - $3,500,000
Funding for Colonial Avenue and 10ch Street improvements.
Considerations:
City Council authorization is required for the issuance of bonds to provide
funding for the projects listed below:
Public Schools
$ 5,000,000
Bridge Renovation Projects
8,050,000
Public Libraries
2,845,000
Parks and Recreation
2,500,000
Stormwater Management Projects
1,620,000
Curbs, Gutter and Sidewalk Improvements
1,000,000
Streetscape Improvements
500,000
911 Center
1,500,000
Street Improvements
3,500,000
Total
$26,515,000
In order to provide sufficient flexibility to support bond issuance in the event of
a premium on the sale of bonds, authorization of issuance of up to $28 million
is recommended by the City's financial advisor, Public Financial Management
(PFM).
Recommended Action:
Hold a public hearing on the issuance of general obligation public improvement
bonds. Following the public hearing, and after consideration of comments
received at the public hearing, adopt the accompanying resolution authorizing
the issuance of bonds up to $28 million for the projects previously referenced.
This resolution shall include language declaring the City's intent to reimburse
itself from the proceeds of these bonds.
Adopt the accompanying budget ordinance to appropriate, in advance of
issuance, Series 2017 bond funding in the amount of $26,515,000 to project
accounts to be established by the Director of Finance in the Capital Projects and
Stormwater Funds.
fot, Christopher P. M rrill
City Manager
Distribution: Council Appointed Officers
Barbara A. Dameron, Director of Finance
Rita D. Bishop, Superintendent, Roanoke City Public Schools
Kristine L. Flynn, Bond Counsel, Hawkins Delafield & Wood
LLP
Kevin Rotty, Managing Director, Public Financial Management
Inc.
The Roanoke Times
.:T'' LLEP.`t Hc3I�o�arlb`1���'Vl��tt��
'rgrnia
Affidavit of Publication
CITY OF ROANOKE - CLERKS OFFICE
216 CHURCH AVE SW
ROOM 456
ROANOKE, VA 24011
Account Number 1
6007932
Oate
June 13, 2016
Date
Category
Description
Ad Size
Total Cost
0611912016
Municipal Notices
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN
1 x 99 L
972.88
Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice NOTICE OF
PUBLIC HEARING was published in said newspapers on the
following dates:
06106, 06/13/2015
The First insertion being given ... 06/06/2016
Newspaper reference: 0000319755
vf
�l
B ling Representativ
Sworn to and subscribed before me this Monday, June 13, 2016 IF
c
Notary Public
State of Virginia
City/County of Roanoke
rII
My Commission expires U1 S
.r_
rrr""yP
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
NOTICE OF PUBLIC HEARING
IS HEREBY GIVE
by 2601 of
iligation public Improvement
in City (and in anticipation of
ca of any such bonds to issue
rhgation public improvement
sipation notes of the City) In
oat amount of not to exceed
0 for the purpose of
net Wn oyds of sale Natter
account costs of issuance,
n and
issue dlscountlsato pay the
he re" isitiory constrvctie"
;fine, im"earrenC
nion"r ent, eguinping,
lionand repair of various
.meament honorer of an
apm5eo to any
tet forth:
at, net pro
below in Inch to punt as Iball be
determined by the city.
Puryose, Amount
Stood barely ify Maintenan Ce
and lmprovemenls 85.000,000
Sndge Renovation 8.050,000
Library Master Plan 2.845,000
Parks and Recreation
Master Plan 2,500,000
Sturmwater Management 1,620.000
Curb. Gutter and
Sidewalk Program 1,000,000
Street5canes 500,000
911 Center 115000000
5beeumpmyements 3s0a00 0
sz6s15goo
All members of the public and
Interested Indlvlduals or, ,,.too to
attead such hearing and to appear and
present their slew on the proposed
resolution and the proposed bond
ogee, both orally and in writing
Shauld written comments be
presented three copies hadd be
made available to the undersigned an
or before the public hearing.
If you are a person with A dmabihty,
We needs aocnmmoaadons la this
public There, perse contact the City
Clerk's Office tt (540) 853 2541, by
Thursday, June 16, 2016.
The full text of the proposed resolution
D on file in the office of the City Dick.
Noel C. Taylor Mnnfcfpal Building.
Boom 456, 215 Church Avenue, S.W..
Roanoke, Virginia240ll.
STEPHANIE M. MOON REYNOLDS. MMC
City Clerk
City of Roanoke, Virginia
(319255)
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 15.2- 2606.A of the Code of
Virginia, 1950, as amended, that the Council of the City of Roanoke, Virginia (the "City "), will hold a
public hearing on Monday, June 20, 2016, at 2:00 P.M., local time, or as soon thereafter as the matter
may be heard, in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia 24011, with respect to the proposed adoption by the Council of a
resolution authorizing the City to contract a debt and issue general obligation public improvement
bonds of the City (and in anticipation of the issuance of any such bonds to issue general obligation
public improvement bond anticipation notes of the City) in the principal amount of not to exceed
$28,000,000 for the purpose of providing net proceeds of sale (after taking into account costs of
issuance, underwriting compensation and original issue discount) to pay the costs of the acquisition,
construction, reconstruction, improvement, extension, enlargement, equipping, rehabilitation and repair
of various public improvement projects of and for the City (including related design and architectural
and engineering services) for the purposes and in the approximate amounts set forth below; provided
that, if any purpose set forth below shall require less than the entire respective amount so set forth, the
difference may be applied to any of the other purposes so set forth; and provided further that, net
proceeds constituting original issue premium, if any, will be allocated to the projects below in such
amount as shall be determined by the City.
Purpose
Amount
School Facility Maintenance and Improvements
$5,000,000
Bridge Renovation
8,050,000
Library Master Plan
2,845,000
Parks and Recreation Master Plan
1500,000
Stormwater Management
1,620,000
Curb, Gutter and Sidewalk Program
1,000,000
Street Scapes
500,000
911 Center
1,500,000
Street Improvements
3.500,000
$26,515,000
All members of the public and interested individuals are invited to attend such hearing
and to appear and present their view on the proposed resolution and the proposed bond issuance, both
orally and in writing. Should written comments be presented, three copies should be made available to
the undersigned at or before the public hearing.
If you are a person with a disability who needs accommodations for this public hearing,
please contact the City Clerk's Office at (540) 853 -2541, by Thursday, June 16, 2016.
2629038.1039689 VRMS
-2-
The full text of the proposed resolution is on file in the office of the City Clerk, Noel C.
Taylor Municipal Building, Room 456, 215 Church Avenue, S.W., Roanoke, Virginia 24011.
Dated: June 6, 2016
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
City of Roanoke, Virginia
JO BE PUBLISHED ON MONDAY, JUNE 6, 2016,
AND ON MONDAY, JUNE 13, 2016
Please send the invoice for this ad to:
Stephanie M. Moon Reynolds, Clerk, City of Roanoke, Virginia
2629038.1039689 FRMS
IN'f11E COCINCII, OF'tl IF CITY OF ROANOKE:, VIRGINIA
The 20th day of June, 2016.
No. 40550- 062016.
A RESOLUTION authorizing the acceptance of an F;tnployment Advancement for
Temporary Assistance to Needy Pamilics (TANF) Participants grant from the Virginia Department
of Social Services (VDSSf authorizing the City of Roanoke to serve as the primary fiscal agent for
the distribution of such funds to the In agencies for services provided to the local departments
of social services (DSS) in Roanoke City, Roanoke County, Franklin County, Botetourt County, and
Craig County; and authorizing execution of any and all necessary documents to comply with the
trams and conditions of the grant.
BE IT RESOLV ED by the Council of the City of Roanoke that
1. The Employment Advancement for TANF Participants grant from the VDSS, in the
amount of $272,343.12, for the period commencing July I, 2016, through June 30, 2017, for the
purpose of maintaining and improving existing services to eligible TANF recipients by the provider
agencies which comprise the Southwest Virginia Regional Employment Coalition, for services
provided to the local departments of social services in Roanoke City, Roanoke County, Franklin
County, Botetourt County, and Craig County, along with Total Action Against Poverty, and
Goodwill Industries of the Valleys, as further set forth in the City Council Agenda Report dated June
20, 2016, is hereby ACCEPTED.
1 The City of Roanoke is authorized to be the primary fiscal agent for this grant, and
shall be responsible for distributing the grant proceeds to the provider agencies for services provided
to the local DSS agencies.
The City Manager is hereby authorized to execute any and all requisite documents
pertaining to the City's acceptance of these funds, and to furnish such additional information as may
be required in connection with the City's acceptance of the grant hinds. All such documents shall be
approved as to form by the City Attomey.
@ ATTEST:
�0v.cu,�� e
City Clerk. U
R- T -FGmn� SW VAR,, fin, C-1.1 n(6 -20 -161
is
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of June, 2016.
No. 40551- 062016.
AN ORDINANCE to appropriate funding from the Federal Government
through the Commonwealth of Virginia Department of Social Services for the Southwest
Virginia Regional Employment Coalition Grant, amending and reordaining certain
sections of the 2016 -2017 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 2016 -2017 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Fees for Professional Services 35- 630 - 8868 -2010 $ 272,344
Revenues
SWVA Regional Employment Coalition FY17 35- 630 - 8868 -8868 272,344
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.
aCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: Southwest Virginia Regional Employment Coalition
(CM 16- 00081)
Background
The City of Roanoke Department of Social Services (DSS), in collaboration with
the local departments of social services in Roanoke County, Franklin County,
Craig County, and Botetourt County, along with Total Action For Progress, and
Goodwill Industries of the Valleys, have been awarded funding for the
Employment Advancement for Temporary Assistance to Needy Families (TANF)
Participants grant from the Virginia Department of Social Services (VDSS) in the
amount of $272,344. The agencies named have formed the Southwest Virginia
Regional Employment Coalition. The grant is to assist citizens of our localities
who are receiving TANF benefits to obtain employment or, where appropriate,
an alternative disability income. The funds are available for use from July 1,
2016, through June 30, 2017. The City of Roanoke is to be the primary fiscal
agent for this grant, and is to be responsible for distributing the grant proceeds
to the provider agencies for services provided to the local departments of social
services.
Considerations
The above grant funding is required to maintain existing services to the TANF
population such as job development /placement, mental health screening and
referral and medical case management, which will enable them to obtain
employment. When appropriate, Supplemental Social Security Income advocacy
is provided in an effort to obtain an alternative monthly disability income for
this population.
Recommended Action:
Adopt a resolution accepting the grant, authorizing the City of Roanoke to be
the fiscal agent for the grant, and authorizing the City Manager to execute all
appropriate documents related to acceptance of the funding. All documents
shall be in such form as approved by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in
the amount of $272,344 and appropriate the same amount into accounts to be
established in the Grant Fund by the Director of Finance.
-v ----- - - - - --
CHRISTOPHER P. MORRILL
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Asst. City Manager for Community
Development
Barbara A. Dameron, Director of Finance
Jane R. Conlin, Director of Human /Social Services
IN THE COUNCIL OF TIIF CITY OF ROANOKE, VIRGINIA
The 20th day of June, 2016.
No. 40552 - 062016.
A RESOLUTION authorizing the acceptance of additional FY2016 "Four for Life" Gant for
Emergency Medical Services (EMS) made to the City of Roanoke by the Commonwealth of
Virginia, Department of Health, and authorizing execution of any required documentation on behalf
of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
The City Manager is hereby authorized on behalf of the City to accept from the
Commonwealth of Virginia, Department of Health, additional funds for the FY2016 "Four for Life"
Grant for Emergency Medical Services (EMS) in the amount of $4,580.80, bringing the total to
$82,492.80, with no local match, to be used for training, supplies, or other appropriate items used for
EMS, as more particularly described in the City Council Agenda Report dated June 20, 2016,
2. The City Manager and the City Clerk are hereby authorized to execute, seal, and
attest, respectively, the grant agreement and all necessary documents required to accept the grant, all
such documents to be approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such additional information as maybe
required by from the Commonwealth of Virginia, Department of Health, in connection with the
acceptance of the foregoing grant.
R -Pour for Lire GRANT -add ilional hia& 6 20. 16 . doe
Al ITST:
L
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of June, 2016.
No. 40553 - 062016.
AN ORDINANCE appropriating funding from the Virginia Department of Health for
the purpose of purchasing emergency medical service (EMS) supplies, amending and
reordaining certain sections of the 2015 -2016 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 2015 -2016 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Expendable Equipment 35 -520- 3575 -2035 $ 4,581
Revenues
Four - For -Life Grant FY16 35- 520 - 3575 -3575 4,581
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: "Four- For - Life" Additional Funds Acceptance
(CM 16- 00078)
Background:
Roanoke Fire -EMS has received notification that the City of Roanoke will be
receiving additional funding for the Fiscal Year 2016 "Four- For - Life' payment for
Emergency Medical Services (EMS) in the amount of $4,580.80. This will bring
our total funding from $77,912.00 to $82,492.80. The purpose of these funds
is the purchase of training, supplies or other appropriate items used for EMS.
Considerations:
City Council action is needed to formally accept the additional funding and
appropriate these funds, and authorize the Director of Finance to establish
revenue estimates and appropriations to purchase the equipment and supplies
in accordance with provisions of this payment.
Recommended Action:
Accept the Four - For -Life payment as described above and authorize the City
Manager to execute any required agreements or documents, such to be
approved as to form by the City Attorney.
Adopt the accompanying budget ordinance to authorize the Director of Finance
to establish a revenue estimate in the new amount of $82,493 and appropriate
$82,493 into expenditure accounts in the Grant Fund.
FrgChristopher P N1or
City Manager
Distribution: Council Appointed Officers
Barbara A. Dameron, Director of Finance
Sherman Stovall, Assistant City Manager for Operations
/01—
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of June, 2016.
No. 40554- 062016.
A RESOLUTION authorizing acceptance of the funding for the Fostering Futures Program
and Family Partnership Meetings madeto theCity ofRoanoke ( "('ity ") by the Virginia Department
of Social Services ( "VDSS "); establishing a new Senior Family Services Specialist position; and
authorizing execution of any required documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
I. The City of Roanoke hereby accepts funding from the VDSS in the following
amounts: (a) $78,750 to be used for the Fostering Futures Program, with no local match required
from the City, to help youth become self - sufficient when they exit foster care by assisting with
education and obtaining employment, (b) $62,491 to be used for staffing and operations costs in
connection with the Fostering Futures Program, which includes a required 15.5% local cash match
from the City, arrd (c) the estimated amount of $27,600 to be paid in quarterly allocations in the
amount of $6,900 or higher, which includes a 15.5% local cash match required from the City, to be
used for costs related to conducting Family Partnership Meetings concerning decisions relating to the
placement of children in foster case, as more particularly set forth in the City Council Agenda Report
dated June 20, 2016.
2. The City Manager is hereby authorized to execute and file, on behalf of the City, any
documents necessary for the City to accept the aforementioned funding in a form approved by the
City Attorney and to establish a new Senior Family Services Specialist position within the City's
Department of Social Services.
R- AUthonze funding for Fostering Furores Program_ Io esmbh,h new position Sodnl Scrvius (&20 -16)
1. The City Manager is further directed to furnish such additional information as inaybe
required in connection with the acceptance of the foregoing funding.
ATTEST:
f p
City Clerk, 4
R- Am,,,, funding 6r Fost —., F,l Progrem_. in e1xblis4 new 1o1Ws SocialSavlees(6 -20.16)
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of June, 2016.
No. 40555- 062016.
AN ORDINANCE to appropriate funding from Commonwealth of Virginia for the
Department of Social Services and Children's Services Act (CSA), for the Foster Futures
Program and the Family Partnership Meetings Program, amending and reordaining certain
sections of the 2016 -2017 General Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2016 -2017 General Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Regular Employee Salaries
01- 630 - 5311
-1002
$38,984
City Retirement
01- 630 - 5311
-1105
6,163
401k Savings Match
01- 630 - 5311
-1117
390
FICA
01- 630 - 5311
-1120
2,982
Medical Insurance
01- 630 - 5311
-1125
6,048
Dental Insurance
01- 630 - 5311
-1126
350
Life Insurance
01- 630 - 5311
-1130
511
Disability Insurance
01- 630 - 5311
-1131
109
Expendable Equipment
01- 630 - 5311
-2035
6,954
Fostering Futures Foster Care Assistance
01- 630 -5311
-3202
78,750
Family Partnership Meetings
01- 630 - 5311
-3203
27,600
Medicaid Local Match (Social Services)
01- 630 - 5410
-3133
(13,964)
Revenues
General Administration 01- 110 - 1234 -0676 76,127
Fostering Futures Foster Care Assistance 01- 110 - 1234 -0738 78,750
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
dw-
City, Cler
eCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: Appropriation of Funding for Fostering Futures Program and
Family Partnership Meetings (CM16- 00079)
Background:
The Governor's Budget Bill and the 2016 General Assembly amendments
approved the implementation of the Fostering Futures program which extends
foster care services and adoption assistance to age 21 under certain conditions.
Fostering Futures is designed to provide a safety -net for youth aging out of
foster care. The goal is to support these youth in the critical period between
the ages of 18 and 21 to make gains in the areas of education and employment
so that they are better able to be self- sufficient when they exit foster care at
age 21. Fostering Futures also allows eligible youth who were adopted after 16
years of age and who turn 18 years of age on or after July 1, 2016 to continue
adoption assistance until age 21.
The Virginia Department of Social Services (VDSS) has allocated funding to
assist with costs related to conducting Family Partnership Meetings (FPMs). The
goal of the FPMs is to involve birth families and community members, along
with resource families, service providers and Social Services staff, in all
placement decisions to ensure a network of support for the child and the adults
who care for them. The FPM funding is based on the number of FPMs held in
the locality and will be allocated on a quarterly basis.
Considerations:
VDSS has allocated $78,750 to the city for the Fostering Futures maintenance
payments; this funding requires no local match. VDSS has also allocated
$62,491 for Fostering Futures staffing and operations costs; this funding
includes a required 15.5% local cash match in the amount of $9,686. The local
match will come from the CSA Medicaid Local Match Account No. 01- 630 -5410-
3133.
VDSS has provided an initial quarterly FPM allocation in the amount of $6,900
and it is estimated that the City of Roanoke's quarterly allocations will remain at
or above this amount for fiscal year 2017. The annual allocation is estimated at
$27,600. This funding includes a required 15.5% local cash match in the
amount of $4,278. The local match will come from the CSA Medicaid Local
Match Account No. 01- 630 -5410 -3133.
City Council authorization is needed to accept and appropriate the funding for
the Foster Futures program and Family Partnership Meetings and authorize the
establishment of a Senior Family Services Specialist position.
Recommended Action:
Authorize the City Manager to accept funding from the Commonwealth of
Virginia and establish a new position in Social Services.
Adopt the accompanying budget ordinance to increase the revenue estimate in
the amount of $154,877, and to appropriate funding in the amount of
$168,841 to expenditure accounts for Social Services programs which includes
$13,964 in local cash match from CSA Medicaid Local Match Account No. 01-
630 -5410 -3133.
b Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for
Community Development
Barbara A. Dameron, Director of Finance
Jane R. Conlin, Director of Human /Social Services
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of June, 2016.
No. 40556- 062016.
A RESOLUTION authorizing the acceptance of the Child Abuse and Neglect Prevention
Program Grant ( "Grant ") from the Virginia Department of Social Services ( "VDSS ") in the amount
of $50,000; authorizing the City of Roanoke to serve as the primary fiscal agent for the distribution
of such grant funds to the provider agencies for the services provided under the Grant; and
authorizing the City Manager to execute any documentation required to accept the Grant on behalf of
the City.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City of Roanoke hereby accepts the Child Abuse and Neglect Prevention
Program Grant from the VDSS in the amount of $50,000, with a local in -kind match provided by the
City in the amount of $16,667 and a local cash match provided by the City in the amount of $9,000,
such proceeds to be used during the term of the Grant, beginning July 1, 2016, and ending June 30,
2017, all as more particularly set forth in the City Council Agenda Report dated June 20, 2016. The
Grant will be used by the City's Department of Social Services and certain provider agencies to
develop parental programs for parents at risk of abusing and /or neglecting their children and related
purposes, upon the terms as more particularly set forth in the above referenced City Council Agenda
Report.
2. The City of Roanoke is authorized to be the primary fiscal agent for this Grant,
and shall be responsible for distributing the Grant proceeds to the provider agencies in connection
with the parental programs developed pursuant to the Grant.
3. The City Manager is hereby authorized to execute and file, on behalf of the City, the
Grant agreement with the VDSS and all necessary documents required to accept the Grant. All
documents shall be upon form approved by the City Attorney.
4. 'I'hc City manager is furtherdircetedto l' urnishsuchadditionalinformalionasmaybe
required in connection with the City's acceptance of this Grant.
AT FFST:
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of June, 2016.
No. 40557- 062016.
AN ORDINANCE to appropriate funding from the Virginia Department of Social
Services for the Child Abuse and Neglect Prevention Program Grant, amending and
reordaining certain sections of the 2016 -2017 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 2016 -2017 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Temporary Employee Wages
FICA
Program Activities
Revenues
Child Abuse Prevention FYI — Federal PT
Child Abuse Prevention FYI — State
Child Abuse Prevention FYI — Local
35- 630 - 5215 -1004 $ 3,618
35- 630 -5215 -1120 276
35- 630 - 5215 -2066 53,039
35- 630 -5215 -5215 25,000
35- 630 - 5215 -5216 25,000
35- 630 - 5215 -5217 6,933
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 COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: Child Abuse and Neglect Prevention Program Grant
(CM 16- 00086)
Background:
Beginning in January 2014, the City of Roanoke Department of Social Services
(DSS) partnered with Blue Ridge Behavioral Health (BRBH) and Intercept Youth
Services to develop a parent program for parents at risk of abusing and /or
neglecting their children. This parenting initiative includes a classroom and in-
home practice component and is focused primarily on parents with children
ages 5 to 12 years old. It has been funded primarily through state /federal
Promoting Safe and Stable Families (PSSF) funds. PSSF funds can only fund
three classes of 15 people per year. Due to the popularity and initial success of
the initiative, DSS submitted a grant proposal to Virginia DSS State Office to
fund additional classes which will focus on serving 45+ parents with children
ages 0 to 5 years, as well as young parents, and Latino parents. PSSF funds will
continue to fund classes for parents of children 6 years and older.
The City of Roanoke's DSS has been awarded a Child Abuse and Neglect
Prevention Program grant for a second year. This grant will provide parenting
classes with an in -home component to 45+ parents of children 0 -S years old
indentified by DSS as at risk of abusing and neglecting their children. The
program is entitled "Parenting Little Ones ". The award is for $50,000 and will
be used to pay for the classroom and in -home components, translators for
Latino parents, bus passes to assist families with transportation to the class,
and child care while the parents attend the class.
This award requires a 25% match of local funds. The total match is $16,667;
$9,734 is in -kind and the remaining $6,933 is a cash match which can be
provided from the Grant Matching account 35-300-9700-5415. The award is
available starting July 1, 2016.
Recommended Action:
Accept the Child Abuse and Neglect Prevention Program grant and authorize
the City Manager to execute the grant agreement and any necessary documents
required to accept the grant, to be approved as to form by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in
the Grant Fund for $56,933, transfer funding in the amount of $6,933 from
account 35- 300 - 9700 -5415 (Local Match Funding for Grants) to provide the
local match funding, and appropriate total funding of $56,933 into accounts to
be established by the Director of Finance in the Grant Fund.
t 1 _t�'-
SH
R P. M 0RRILL
City Manager
Distribution: Council Appointed Officer
R. Brian Townsend, Asst. City Mgr. for Community Development
Barbara A. Dameron, Director of Finance
Jane R. Conlin, Director of Human /Social Services
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of June, 2016.
No. 40558- 062016.
AN ORDINANCE to appropriate funding from the Department of Justice
Federal Asset Sharing Program and the Department of Treasury Federal Asset Sharing
Program for enhancing law enforcement operations, amending and reordaining certain
sections of the 2015 -2016 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 2015 -2016 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
DoJ Training and Development
DoT Training and Development
Revenues
DoJ Federal Asset Forfeiture
DoJ Federal Asset Forfeiture - Interest
DoT Federal Asset Forfeiture
DoT Federal Asset Forfeiture - Interest
35- 640 - 3304 -2044 $ 19,661
35- 640 - 3304 -2044 15,755
35- 640 - 3304 -3305 19,554
35- 640 - 3304 -3306 107
35- 640 - 3307 -3307 15,305
35- 640- 3307 -3308 450
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 COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: Appropriation of Federal Asset Forfeiture Funds (CM16- 00075)
Background
In 1986, the United States Congress authorized the transfer of certain federally
forfeited property to state and local law enforcement agencies that participated
in the investigation and seizure of the property. Application for an equitable
share of property seized by local law enforcement must be made to the U.S.
Department of Justice and certified by the U. S. Attorney.
This property, including funds shared with state and local agencies may only be
used for the purposes stated in the application, i.e. narcotics investigations
related to law enforcement. Participation in federally forfeited property sharing
enhances the effectiveness of narcotics investigations by providing necessary
investigative equipment and training and offsets the cost that would otherwise
be borne by the City's taxpayers.
Considerations:
The Police Department receives funds periodically from the Federal Asset
Forfeiture Sharing Program. Federal law mandates that these seized funds be
placed in an interest bearing account until forfeited and that any interest
earned be used in accordance with program guidelines. These funds are
provided by either the United States Department of the Treasury (DOT) or the
United States Department of Justice (DOJ). Program guidelines require that
these funds be segregated by the providing department.
Revenue in the amount of $19,554 and interest in the amount of $107 have
been collected and are available for appropriation to the corresponding
Department of justice Asset Forfeiture grant fund account.
Revenue in the amount of $15,305 and interest in the amount of $450 have
been collected and are available for appropriation to the corresponding
Department of Treasury Asset Forfeiture grant fund account.
The $19,661 and $15,755 will be appropriated to the training budgets which
will allow the police department to pay for officer training in a variety of
important specialties to include leadership development, forensics, interview
skills, polygraph operation, etc.
Recommended Action:
Adopt the accompanying budget ordinance to increase the revenue estimate in
the Grant Fund in the amount of $19,661 and appropriate funding in the same
amount into the corresponding training account (35- 640 - 3304 -2044) and to
increase the revenue estimate in the Grant Fund in the amount of $15,755 and
appropriate funding in the same amount into the corresponding training
account (35- 640- 3307 - 2044).
6_� - --
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Barbara A. Dameron, Director of Finance
Timothy S. Jones, Acting Chief of Police
Amelia C. Merchant, Director of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of June, 2016.
No. 40559- 062016.
AN ORDINANCE to appropriate funding from the State Asset Sharing
Program for enhancing law enforcement operations, amending and reordaining certain
sections of the 2015 -2016 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 2015 -2016 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Expendable Equipment
Revenues
State Asset Forfeiture - Interest
State Asset Forfeiture
35- 640 - 3302 -2035 $ 53,484
35- 640 - 3302 -3299 429
35- 640 - 3302 -3300 53,055
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
bit SCI
F CITY COUNCIL AGENDA REPORT
w
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: Appropriation of State Asset Forfeiture Funds (CM16- 00076)
Background
In 1991, the Virginia General Assembly passed legislation allowing local law
enforcement to seize property that is connected with illegal narcotics
distribution. The Code of Virginia also makes it possible for police departments
to receive proceeds from these forfeited properties. Application for an
equitable share of the property seized by local law enforcement must be made
to the Department of Criminal Justice Services, Forfeited Asset Sharing Program
and be certified by the Chief of Police.
Property which includes funds shared with state and local agencies may only be
used for law enforcement purposes. Program requirements mandate that these
funds be placed in an interest bearing account and any interest earned be used
in accordance with program guidelines.
Considerations:
The Police Department receives funds periodically from the State Asset
Forfeiture Sharing Program. The Code of Virginia mandates that these seized
funds be placed in an interest bearing account until forfeited and that the
interest earned be used in accordance with program guidelines. Revenue in the
amount of $53,055 and interest in the amount of $429 have been collected and
are available for appropriation to the corresponding grant fund account.
The $53,484 will be appropriated to the expendable equipment budget which
will allow the police department to acquire new and replacement equipment for
officers (ballistic vests, computer software, etc.) as well as equipment for
vehicles (cameras, partitions, and window barriers, etc.).
Recommended Action:
Adopt the accompanying budget ordinance to increase the revenue estimate in
the Grant Fund in the amount of $53,484 and appropriate funding in the same
amount into the corresponding expendable equipment account (35- 640 -3302-
2035).
Respectfully submitted,
3 --- 4 --- /--t -----------------
CHRISTOPHER P. MORRILL
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager
Barbara A. Dameron, Director of Finance
Timothy S. Jones, Acting Chief of Police
Amelia C. Merchant, Director of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of June, 2016.
No. 40560- 062016.
AN ORDINANCE to appropriate funding from the Electronic Summons
System Court Fees revenues as enacted by the General Assembly in section
17.1 -279.1 of the Code of Virginia (1950), amending and reordaining certain sections of
the 2016 -2017 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 2016 -2017 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Project Supplies
Other Equipment
Revenues
Electronic Summons System Court Fees
Electronic Summons System Interest
35- 640- 3415 -3005 $ 4,000
35- 640 - 3415 -9015 40,000
35- 640- 3415 -3415 43,862
35 -640- 3415 -3416 138
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATT ST:
K.. II
City Cie ._
.c►°g
°~ CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: Appropriation of Electronic Summons Funds (CM16- 00074)
Background
The 2014 session of the General Assembly enacted section 17.1-279.1, Code of
Virginia (1950), as amended, to authorize localities to collect an assessment on
all traffic and criminal offenses to support the implementation and maintenance
costs of electronic summons systems. The Council of the City of Roanoke
adopted a $5.00 electronic summons assessment on traffic and criminal
offenses that became effective on September 1, 2014.
The assessment has been collected by the Clerk of the Court in which the action
was filed, remitted to the Treasurer of the City of Roanoke and held by the
Treasurer subject to appropriation by Council. As of June 1, 2016, the sum of
approximately $44,285 has been collected since the last funding appropriation
in August of 2015. The appropriation of these additional funds will be used
solely to purchase software, hardware, and associated equipment for the
implementation and maintenance of the electronic summons system.
Electronic summons systems have the potential of improving efficiency by
significantly reducing the time that officers remain on traffic stops, reducing
the time that police support technicians spend entering data into the police
records management system, and reducing the time the Clerk of the Court staff
spend entering data from summons into the court information system.
Additionally, electronic summons systems can reduce errors and provide an
environmentally friendly alternative to paper creation and retention.
The Roanoke Police Department is requesting the appropriation of $44,000 to
be used to implement an electronic summons system.
Recommended Action:
Adopt the accompanying budget ordinance to appropriate funding in the
amount of $40,000 for Other Equipment and $4,000 in project supplies from
the Electronic Summons System Court Fees revenue account (35- 640 -3415-
341 5) and Electronic Summons System interest account (35-640-3415-3416)
into a corresponding account in the Grant Fund.
Christopher P. Morrill
City Manager
Distribution: The Honorable Evelyn Powers, Roanoke City Treasurer
Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Barbara A. Dameron, Director of Finance
Timothy S. Jones, Acting Chief of Police
Amelia C. Merchant, Director of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of June, 2016.
No. 40561 - 062016.
AN ORDINANCE to increase the Roanoke City Public Schools transfer, Visit
Virginia's Blue Ridge allocation, Health Maintenance Contract, Public Safety Off -Duty
Earnings (Police and Sheriff) and Budget Contingency expenditures and to increase
revenue budget estimates for Personal Property (Current and Delinquent) Taxes ,Public
Service Corp — Real Estate, Sales Tax, Transient Occupancy Tax, Occupational Health
Services, and Off -Duty Billings (Police and Sheriff) revenue, amending and reordaining
certain sections of the 2015 -2016 General Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2015 -2016 General Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows
Appropriations
Off -Duty Earnings (Sheriff)
01 -140- 2140 -1015
$ 3,700
Off -Duty Earnings (Jail)
01- 140 - 3310 -1015
6,000
Transfer to Schools
01- 250 - 9310 -9530
1,114,400
Visit Virginia's Blue Ridge
01- 300 - 7220 -3702
41,000
Budget Contingency
01- 300 - 9410 -2199
1,644,600
Maintenance Third Party Contract
01- 340 - 1263 -3056
418,000
Off -Duty Earnings (Police Administration)
01- 640 - 3111 -1015
9,100
Off -Duty Earnings (Police Investigation)
01- 640 - 3112 -1015
14,800
Off -Duty Earnings (Police Patrol)
01- 640 - 3113 -1015
99,300
Off -Duty Earnings (Police Training)
01- 640 - 3115 -1015
2,100
Revenues
Personal Property (Current)
01- 110 - 1234 -0130
$ 1,700,000
Personal Property (Delinquent)
01- 110 - 1234 -0134
200,000
Public Service Corp - Real Estate
01- 110 - 1234 -0140
500,000
Sales Tax
01- 110 - 1234 -0201
300,000
Transient Occupancy Tax
01- 110 - 1234 -0225
100,000
Occupational Health Services
01- 110 - 1234 -0884
418,000
Off -Duty Billings (Police)
01- 110 - 1234 -1298
125,300
Off -Duty Billings (Sheriff)
01 -110- 1234 -1313
9,700
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.
�pF
O ��a
-- CITY COUNCIL AGENDA REPORT
`1RCtiN�� _
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: FY 2016 Revenue and Expenditure Adjustments
(CM 16- 00093)
Background:
Fiscal year 2016 local tax revenues are projected to exceed budget in the
amount of $2,800,000. The following revenue adjustments should be made as
a result of the projection:
• Personal Property Tax (Current) $1,700,000
• Personal Property Tax (Delinquent) 200,000
• Public Service Corp - Real Estate Tax 500,000
• Sales Tax 300,000
• Transient Occupancy Tax 100,000
Total $2,800,000
As a result of the revenue adjustments, expenditure adjustments are also
necessary.
The school funding formula designates that 40% of adjusted local tax revenue
be provided in support of Roanoke City Public Schools (RCPS). An updated
computation of the local share of tax revenue for RCPS as of June 1, 2016
provides that additional funding in the amount of $1,114,400 will be allocated
to the school division. The resulting total funding allocated to RCPS by the City
of Roanoke will be $78,908,400.
Visit Virginia's Blue Ridge receives an allocation of 3/8 of the Transient
Occupancy Tax to support marketing efforts. An additional allocation of
$41,000 will be appropriated to Visit Virginia's Blue Ridge based on the
revenue projection.
Off -Duty Earnings are expected to exceed the current budget of $186,247
(Police and Sheriff) by approximately $135,000. The expense for these services
is reimbursed to the city by agencies requesting the services of the Police
Department and the Sheriff's Office.
Occupational Health Services has been operated by Wellness for Life since
January 2013. Due to increased employee usage and additional ancillary
charges, two contract amendments are required. The amendments are
retroactive to January 2015 and extend through January 2017. The additional
contract cost for this period is $418,000.
Residual funding from the local tax adjustment in the amount of $1,644,600
will be appropriated to Budget Contingency.
Considerations:
City Council action is needed to revise FY 2015 -2016 estimates for certain
revenues and to increase appropriations.
Recommended Action:
Adopt the accompanying budget ordinance to:
• Increase the revenue estimates for the following:
• Personal Property Tax (Current) - $1,700,000
• Personal Property Tax (Delinquent) - $200,000
• Public Service Corp - Real Estate Tax - $500,000
• Sales Tax - $300,000
• Transient Occupancy Tax - $100,000
• Occupational Health Services - $418,000
• Off - Duty Earnings (Police) - $125,300
• Off - Duty Earnings (Sheriff) - $ 9,700
• Appropriate funding to the following:
• Transfer to Schools- $1,114,400
• Visit Virginia's Blue Ridge - $41,000
• Budget Contingency - $1,644,600
• Health Maintenance Contract - $418,000
• Off - Duty Billings (Police) - $125,300
• Off - Duty Billings (Sheriff) - $9,700
FonChristopher P. M mill
City Manager
Distribution:
Sherman M. Stovall, Assistant City Manager, Operations
Barbara A. Dameron, Director of Finance
Amelia C. Merchant, Director, Management and Budget
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
I am enclosing Ordinance No. 40562- 062016 providing for the acquisition of real
property rights needed by the City in connection with the Graybill Road Stormwater
Drainage Improvements Project; authorizing City staff to acquire such property rights by
negotiation for the City; authorizing the City Manager to execute appropriate acquisition
documents.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 20, 2016, and is in full force and effect upon its
passage.
Sincerely,
i 1
Stephanie M. Moon Reynolds,,MMC
City Clerk
Enclosure
c: Emma Patricia Washenberger, 1407 Graybill Road, N. W., Roanoke, Virginia
24017
Phyllis M. Fralin, 1403 Graybill Road, N. W., Roanoke, Virginia 24017
Russell Dean Huggett, 1402 Gilford Avenue, N. W., Roanoke, Virginia 24017
Elizabeth A. Floyd, Life Estate Deborah S. Coulter, George E. Floyd, and Lisa D.
Harris, 1333 Gifford Avenue, N. W., Roanoke, Virginia 24017
David and Rosie West, 1325 Gilford Avenue, N. W., Roanoke, Virginia 24017
CITY OF ROANOKE
OFFICE OE THE CITY CLERK
215 Chm'ell Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Tciep Lon, (540)8531541
hex: (541)853 -1145
.STEm1ANIE M. MOON REYNOLDS, MM(
E -mail: elerk(e...... evn.gav
City Clerk
CECELIA E. MCC'OY
Deputy City Clerk
CECELIA T. W EBB, CMC
June 22, 2016
Assistant Deputy City Clerk
Christopher P. Morrill
City Manager
Roanoke, Virginia
Dear Mr. Morrill:
I am enclosing Ordinance No. 40562- 062016 providing for the acquisition of real
property rights needed by the City in connection with the Graybill Road Stormwater
Drainage Improvements Project; authorizing City staff to acquire such property rights by
negotiation for the City; authorizing the City Manager to execute appropriate acquisition
documents.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 20, 2016, and is in full force and effect upon its
passage.
Sincerely,
i 1
Stephanie M. Moon Reynolds,,MMC
City Clerk
Enclosure
c: Emma Patricia Washenberger, 1407 Graybill Road, N. W., Roanoke, Virginia
24017
Phyllis M. Fralin, 1403 Graybill Road, N. W., Roanoke, Virginia 24017
Russell Dean Huggett, 1402 Gilford Avenue, N. W., Roanoke, Virginia 24017
Elizabeth A. Floyd, Life Estate Deborah S. Coulter, George E. Floyd, and Lisa D.
Harris, 1333 Gifford Avenue, N. W., Roanoke, Virginia 24017
David and Rosie West, 1325 Gilford Avenue, N. W., Roanoke, Virginia 24017
Christopher P. Morrill
City Manager
June 22, 2016
c: Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Sherman M. Stovall, Assistant City Manager for Operations
Robert K. Bengtson, P.E., Director of Public Works
Phillip C. Schirmer, P. E., City Engineer
Dwayne R. D'Ardenne, CGM, PWM, Stormwater Manager
Josephus M. Johnson - Koroma, P.E., Civil Engineer II
Cassandra L. Turner, Economic Development Specialist
IN "MILCOUNCH Of "IIIF(TITOP POANOIU(,VIRGINIA
'1'11v 20th dny of .hnm, 2016.
No. 1,0',62 -062016.
AN ORDINANCE providing lot the acquisition of real property lights needed by the
City in connection with file (naybill Road Smirlwatcr Drainage Improvements Project
( "Projecf'); authorizing ('ily stall to acquire such property rights by negotiation fm- the City;
authorizing the City Manager to execute appropriate acquisition documents; and dispensing with
the second reading of this Ordinance by Lille.
BE IT ORDAINED by the Council of tile City of'Roanoke as follows:
The City wants and needs certain real property rights, to include permanent and /or
temporary easements of variable length and width, and such other real property interests as
needed, located in the general vicinity of the 1400 Block of Graybill Road, N.W., and 1300 and
1400 Blocks of Gilford Avenue, N.W., Roanoke, Virginia, within the Peachtree Norwood
Neighborhood, and surrounding streets, all as more particularly described in the City Council
Agenda Report dated June 20, 2016, in order to complete the Project. The proper City officials
and City staff are hereby authorized to acquire by negotiation for the City the necessary real
property interests and appropriate ancillary rights with respect to the real property parcels
referred to in the above mentioned City Council Agenda Report and any other real property
parcels needed for the Project. All requisite documents shall be approved as to form by the City
Attorney.
2. The City Manager is further authorized to execute appropriate acquisition
documents for the above mentioned parcel(s) fo such consideration as the City Manager may
deem appropriate for the necessary interests, provided, however, the total consideration offered
O Amhoiize acyuis oCp,o, i5ghts- Graybill Road Sronnwa¢r Drainage In]provements Project (6- 20 -I6)
or expended, including cods, tills search fees, appr,li.cel It rccnrdation fees, and other related
costs shall not exceed the lands available in the Project's account Its such Purposes, without
lurthcr aulhonzaIIoII of Council. Upon the acceptance of any 0I cr and upon dclivcry to the City
o' appropriate ocyuisition d0CUmeI11S, approved as to form by the City Attorney, the Director of
Finance is autltorircd to pay the respcctrvc consideration to the owners of the real Property
interests conveyed, certified by the City Attorney to be entitled to tits same.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
O- Amhonze acgiiis ofpmP 1191,e- GIAyb1II Road Slounwoter Ora III oge Impmvemems Project (6.20 16)
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: Acquisition of Real Property Rights for Graybill Road
Stormwater Drainage Improvements Project (CM 16-00077)
Background:
As part of the FY2016 Capital Improvement Program, City Council had
appropriated $1.92 million for storm drain improvement projects. These
appropriated funds will be matched with $1.62 million in Virginia Department
of Transportation Revenue Sharing funds plus an additional $500,000 in
Stormwater Utility operating funds.
One of the projects to be funded by this combined FY2016 funding
appropriation is the Graybill Road Stormwater Drainage Improvements project
which includes the installation of storm drain pipes and structures, and
stormwater best management practices. This project is in the general vicinity
of the 1300 and 1400 blocks of Graybill Road and Gilford Avenue NW within the
Peachtree Norwood Neighborhood.
This neighborhood suffers from lack of storm drain systems evidenced by
standing water on road pavement and private properties. Stormwater runoff
from public right of way contributes to flooding of private properties. There is
an existing storm drain system on Gilford Avenue. However, this existing
system is inadequate an in very poor condition with pipe joints separated.
Constructing the proposed storm drain system for this project would correct
known drainage problems in this neighborhood and improve water quality in
the Peters Creek watershed.
In order to construct, operate, and maintain the proposed improvements, the
city will need to acquire real property rights from various private property
owners.
Considerations:
City Council action is necessary to authorize the acquisition of real property
rights needed for the Graybill Road Stormwater Drainage Improvements Project.
The real property rights needed are outlined below, but are subject to minor
variation of location and extent pending final engineering design details.
Funding for acquisition of the real property rights will be available in project
account 03 -530 -3014 Stormwater Improvements.
Permanent drainage and temporary construction easements of variable length
and width are required to accommodate construction activities and will affect
five (5) properties in the general vicinity identified above. The City may also
need to acquire various other property rights involving the property listed
below and other properties which have not yet been identified for this project.
The properties that have been identified to date are as follows:
Tax Map
Parcel
Address
Owner
Required Property Rights
Number
6110125
1407 Graybill Rd.,
Emma Patricia
permanent Drainage Easement
NW
Washenberger
6110126
1403 GNWbill Rd.,
Phyllis M. Fralin
Permanent Drainage Easement
6110161
1402 Gilford Ave.,
Russell Dean
Permanent Drainage Easement
NW
Huggett
and Temporary Construction
Easement
Elizabeth A. Floyd
- Life Estate
Deborah S.
6110404
1333 Gilford Ave.,
Coulter, George
permanent Drainage Easement
g
NW
E. Floyd, and Lisa
D. Harris,
remainder
interest holders
6110405 1325 Gifford Ave.,
David and Rosie
Permanent Drainage Easement
NW
west
Recommended Action:
Authorize the acquisition of any and all real property rights needed to construct
the proposed Graybill Road Stormwater Drainage Improvements Project,
including but not limited to the specific property rights identified in this City
Council Agenda Report, by negotiation and execution of the appropriate
acquisition documents by the City Manager, such documents to be approved as
to form by the City Attorney.
-- r - - - -- --M-----
Ch Porrill - - - - --
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
Barbara A. Dameron, Director of Finance
Robert K. Bengtson, P.E., Director of Public Works
Philip C. Schirmer, P.E., City Engineer
Dwayne R. D'Ardenne, CGM, PWM, Stormwater Manager
Josephus M. Johnson - Koroma, P.E., Civil Engineer II
Cassandra L. Turner, Economic Development Specialist
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Ronan 456
Roanoke, Virginia 24011 -1536
Q) Telephone: (540) 853 -2541
Fox: (540) 853 -1145
.STEPHANIE M. MOON REYNOLDS, MMC E -mail: clerkeroonokeva.gov CECELIA F. MCCOY
City Clerk Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
June 21, 2016
Pam King, Operations Manager
Carillon Property Management
213 McClanahan Street, # 300
Roanoke, Virginia 24014
Dear Ms. King:
I am attaching copy of Resolution No. 40563 - 062016 authorizing execution of an
Agreement with Carillon Property Management in connection with the use of the Crystal
Spring Garage, the Riverwalk Garage and parking spaces on Evans Mill Road during
the 2016 annual fireworks show.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 20, 2016.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Deborah J. Moses, Parking Facilities Manager
Nicole Ashby, Business Coordinator, Parks and Recreation
Jackie Clewis, Manager, Risk Management
IN "I 'III; COIINCII, OI 'h111': CITY OI: POANOKE, VIRUNIA
The 20th day of June, 2016.
No. 40563 - 062016.
A RIISOLUIION authorizing execution of an Agreement with Curilion Propefty
Management in connection with the uxe of the Crystal Spring Garage, the 12iverwah< (janige and
parking Spaces on kvuns Mill Road during the 2016 annual fireworks show.
fir IT RESOLV14) by the Council of the City of Roanoke dial the City Managerand the City
Clerk arc hereby authorized to execute and attest, respectively, for and un behalf of the City, upon
form approved by the City Attorney, an Agreement for the use of the Crystal Spring Garage, the
Riverwalk Garage and parking spaces on Evans Mill Road Gom 3:00 p.m. until 11:00 p.m. on
Monday, Judy 4, 2016, in connection with the 2016 annual fireworks show, such Agreement
including a hold harmless and indemnification clause requiring the City of Roanoke to indemnify
and hold harm less Carilion Property Management under certain circumstances, all of which is set out
in the City Council Agenda Report dated June 20, 2016.
ATTEST:
Yn,
City Cler
STATEMENT OF CONFLICT OF INTEREST
I, David B. Trinkle, state that I have a personal interest in agenda item 7 a.
10. regarding the request to execute an agreement with Carilion Property
Management, Inc. to allow the City to use parking spaces owned by Carilion
Property Management, Inc. and to indemnify and hold Carilion Property
Management, Inc. harmless in connection with the annual July 4, 2016 fireworks
show because my employer, Carilion Health Services is affiliated with Carilion
Property Management Services, Inc..
Therefore, pursuant to Virginia Code Section 2.2 -3112, I must refrain from
participation in this matter. I ask that the City Clerk accept this statement and ask
that it be made a part of the minutes of this meeting.
Witness the following signature made this 20th day of June, 2016
Council Member
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: Agreement Requiring City to Indemnify and Hold Harmless
Carilion Property Management, Inc. (CM 16-00084)
Background:
The City of Roanoke is hosting the annual fireworks show at River's Edge Sports
Complex on July 4, 2016. Shuttle service to the event site will be provided from
the Elmwood Park Parking Garage and Virginia Western Community College.
Carilion Property Management, Inc. ( "Carilion ") has agreed to allow the City to
use the parking spaces along the fence on Evans Mill Road, behind 213
McClanahan Street, S.W., as a shuttle drop -off point. Carilion has also agreed to
allow its Crystal Spring Garage and the Riverwalk Garage to serve as designated
emergency shelters in the event of a sudden severe storm or other weather
event. Carilion will restrict access to the Riverside Garage and Riverside
Campus during the event.
Considerations:
The Agreement authorizing the use of the facilities referenced above contains a
provision requiring the City to indemnify and hold Carilion Property
Management, Inc. harmless from any and all liabilities arising out of the use of
Carilion facilities. An indemnification and hold harmless provision constitutes a
waiver of sovereign immunity, and the execution of any contract containing
such a provision must be authorized by City Council.
Recommended Action:
Adopt the attached resolution authorizing the City Manager to execute an
Agreement with Carilion Property Management Inc., substantially in form as the
Agreement attached to this letter, and waiving sovereign immunity. Such
Agreement shall be approved as to form by the City Attorney.
FL
Christo er P. Morrill
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager
Barbara A. Dameron, Director of Finance
Nicole Ashby, Business Coordinator, Department of Parks and
Recreation
CARILION PROPERTY MANAGEMENT
HOLD HARMLESS AGREEMENT
Carillon Property Management agrees to allow the City of Roanoke to block
off the parking spaces along the fence on Evans Mill Road behind 213
McClanahan in Roanoke for bus pick ups and drop offs of attendees to the 4" of
July Festival on Monday, July 4, 2016 between the hours of 3p.m. and 11 p.m.
Carillon Property Management also agrees to block off the Riverside Garage
located at 6 Riverside Circle and the Riverside Campus for normal access during
the event.
According the established emergency plans for the event, the Crystal Spring
Garage located at 2001 Crystal Spring Avenue and the River Walk Garage
located on the campus of Carilion Roanoke Memorial Hospital are identified as
designated emergency shelters in the event of a sudden severe storm or other
weather event. These facilities will only be used in an emergency sheltering
event.
This agreement may be rescinded or amended at any time by Carilion Property
Management.
The City of Roanoke agrees to indemnify and hold harmless Carillon Clinic
and all its affiliated companies, including Carillon Property Management, to the
extent permitted by law from any and all liabilities arising out of the use of the
said parking spaces on Evans Mill Road and potential use of the identified
garages and the Riverside Campus. They also agree to leave the premises in the
same manner, as before occupancy and if need arises to have the premises
cleaned due to their use, they will be responsible for this cost.
Carillon representative:
Title:
Date:
City of Roanoke:
Title:
Date:
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of June, 2016.
No. 40564- 062016.
AN ORDINANCE authorizing the proper City officials to execute an Agreement for
Deferral of Certain Performance Obligations (Deferral Agreement) with South Commonwealth
Partners, LLC, in regards to the Performance Agreement for Hotel Development, Construction,
Operation, and Maintenance (Performance Agreement) between the City of Roanoke (City) and
South Commonwealth Partners, LLC, in connection with the development of certain portions of
property located at 25 Church Avenue, S.E., Roanoke, Virginia 24011 for the construction and
operation of a hotel (Hotel) upon certain conditions; authorizing the City Manager to take such
actions and execute such documents as may be necessary to provide for the implementation,
administration, and enforcement of such Deferral Agreement; and dispensing with the second
reading of this Ordinance by title.
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 39828 - 121613,
adopted on December 16, 2013, in which the Council approved the terms of a Performance
Agreement between the City and South Commonwealth Partners, LLC, pursuant to which
Performance Agreement South Commonwealth Partners, LLC, agreed to (i) construct the Hotel
and complete construction of the Hotel, (ii) obtain a permanent Certificate of Occupancy within
30 days after the Construction Completion Date that authorizes South Commonwealth Partners,
LLC, to conduct Hotel Business, and (iii) open the Hotel for Hotel Business by June 30, 2016;
WHEREAS, in the event that South Commonwealth Partners, LLC, failed to commence
Hotel Business by June 30, 2016, South Commonwealth Partners, LLC, would be in default
under the terms of the Performance Agreement and would be obligated to pay to the City
liquidated damages of $250 for each day, beginning July 1, 2016, that the I Intel is not open for
I Intel Business (Hotel Opening Liquidated Damages);
WHEREAS, the City and South Commonwealth Partners, LLC, executed the
Performance Agreement which was dated December 18, 2013;
WHEREAS, South Commonwealth Partners, LLC, has diligently pursued construction of
the Hotel, but has experienced some delays in completing the construction in accordance with
the terms of the Performance Agreement;
WHEREAS, South Commonwealth Partners, LLC, has requested a deferral of the Hotel
Opening Liquidated Damages, the specifics of which are outlined in the Deferral Agreement, a
copy of which is attached to the City Council Agenda Report dated June 20, 2016; and
WHEREAS, the Deferral Agreement proposes to defer the collection of Hotel Opening
Liquidated Damages once South Commonwealth Partners, LLC, opens the Hotel for Hotel
Business under a temporary certificate of occupancy and until October 31, 2016; provided South
Commonwealth Partners, LLC, satisfies several specific obligations, which are detailed in the
above referenced Agenda Report.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. City Council hereby approves the terms of the Deferral Agreement as set forth in
the City Council Agenda Report dated June 20, 2016, which Deferral Agreement provides for
certain undertakings and obligations by South Commonwealth Partners, LLC.
2. The City Manager is hereby authorized on behalf of the City to execute the
Deferral Agreement between the City and South Commonwealth Partners, LLC, upon certain
terms and conditions as set forth in the City Council Agenda Report dated June 20, 2016. The
2
Deferral 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 negotiate, execute, deliver, and
implement such further documents and agreements and take such further actions as may be
necessary to implement, administer, and enforce such Deferral Agreement. Such other
documents shall be in a form approved by the City Attorney.
4. Pursuant to the provisions of §12 the City Charter, the second reading of this
Ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
��o� CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: Approval of an Agreement for Deferral of Certain Performance
Obligations Pertaining to Hotel Development, Construction,
Operation and Maintenance by and between the City of
Roanoke and South Commonwealth Partners, LLC.
Background
On December 18, 2013, the City of Roanoke (City) and South Commonwealth
Partners, LLC (Developer) entered into a Performance Agreement for Hotel
Development, Construction, Operation, and Maintenance (Performance
Agreement) in connection with the construction, operation, and maintenance of
a hotel with at least 123 rooms (but not exceeding 130 rooms) (Hotel), along
with the conveyance of certain air rights, property rights, and easements more
particularly described in a Deed of Certain Air Rights, Deed of Condominium
Units, and Deed of Easements, recorded in the Clerk's Office of the Circuit
Court of the City of Roanoke, Virginia as Instrument No. 130014480 (Deed).
Pursuant to terms outlined in the Performance Agreement, Developer agreed to
(i) construct the Hotel and complete construction of the Hotel, (ii) obtain a
permanent Certificate of Occupancy within 30 days after the Construction
Completion Date that authorizes Developer to conduct Hotel Business, and (iii)
open the Hotel for Hotel Business by June 30, 2016. In the event that Developer
failed to commence Hotel Business by June 30, 2016, Developer would be in
default under the terms of the Performance Agreement and would be obligated
to pay to the City liquidated damages of $250 for each day, beginning July 1,
2016, that the Hotel is not open for Hotel Business (Hotel Opening Liquidated
Damages).
Developer has diligently pursued construction of the Hotel, but has experienced
some delays in completing the construction in accordance with the terms of the
Performance Agreement. These delays are attributable to the unique
challenges of constructing a facility atop of an operating public parking facility.
As a result of these challenges, Developer has requested a deferral of the Hotel
Opening Liquidated Damages, the specfics of which are outlined in the
Agreement for Deferral of Certain Performance Obligations (Deferral
Agreement), a copy of which is attached to this Report.
obligations under Section 4.1 of the Performance Agreement
remain outstanding after October 31, 2016. The City will retain
all its rights and remedies under the Deferral Agreement and the
Performance Agreement;
4. Developer will provide the City with a cash escrow payment (Escrow) in
the amount of $50,000.00, to be held by the City Treasurer as security
for completion of the Market Garage Repairs, as detailed in Schedule
2.1 .1 of the Deferral Agreement.
a) In the event that Developer completes all of the Market Garage
Repairs on or before October 31, 2016, to the satisfaction of the
City Manager, the City Treasurer will disburse the Escrow to
Developer upon written notification from the City Manager,
b) In the event that all of the Market Garage Repairs are not
completed by Developer by October 31, 2016, to the satisfaction
of the City Manager, the City will retain the Escrow to complete
such repairs to its satisfaction. In the event that such costs
incurred by the City are less than $50,000.00, the difference
between amount of the Escrow and the actual costs incurred by
the City for completion of the Market Garage Repairs will be
returned to Developer.
c) In the event that the costs to complete all of the Market Garage
repairs exceed $50,000.00, Developer shall pay to the City the
amount that exceeds the Escrow.
Developer must complete repairs to the Market Garage attributed to
the pre -cast panel that fell from the southerly side of the Market
Garage, either by (i) replacement and installation of a new pre -cast
panel of the same quality and material as the original; or (ii)
installation of an Exterior Insulation and Finishing System (EIFS) panel,
along with a ten (10) year contractor warranty of industry standard
and satisfactory to the City Engineer, and make a payment to the City
of $12,500.00 for the diminution in value to the Market Garage.
Developer is required to inform the City of its decision via written
notice within ten (10) Days after execution of this Deferral Agreement.
Recommended Action:
Approve the terms of the Deferral Agreement by and between the City and
Developer, as set forth in the attachment to this City Council Agenda Report.
Authorize the City Manager to execute such Deferral Agreement by and
between the City and Developer, 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 Deferral
Considerations:
The Deferral Agreement proposes to defer the collection of Hotel Opening
Liquidated Damages once Developer opens the Hotel for Hotel Business under a
temporary certificate of occupancy until October 31, 2016; provided Developer
satisfies several specific obligations. The Deferral Agreement sets forth specific
obligations of Developer that include, but are not limited to, the following:
Prior to requesting issuance of a temporary certificate of occupancy
from the Department of Planning, Building and Development of the City
and opening the Hotel for Hotel Business, Developer must remove all
machinery, equipment, material, and debris from, and provide clear
access to, all parking floors within the Market Garage. Developer must
also ensure all such parking floors are available, useable, operable, and
functional for their intended use of parking vehicles.
Prior to issuance of a temporary certificate of occupancy, Developer
shall pay to the City the Hotel Opening Liquidated Damages that accrue
on and from July 1, 2016, through the date on which Developer opens
the Hotel for Hotel Business under the authority of the temporary
certificate of occupancy. For example, if Developer opens the Hotel for
Hotel Business on July 18, 2016, Developer shall pay the City
$4,500.00 before receiving a temporary certificate of occupancy.
3. Commencing upon execution of the Deferral Agreement and not later
than October 31, 2016, Developer must complete, to the reasonable
satisfaction of the City Manager, all remaining obligations with respect
to construction of the Hotel, as particularly described and set forth in
Section 2.1 of the Deferral Agreement (Outstanding Construction
Obligations) and in Sections 3 and 4 of the Performance Agreement.
a) In the event that Developer performs and completes all of the
Outstanding Construction Obligations on or before October 31,
2016, to the satisfaction of the City Manager, the City will
release the Developer from any obligation to pay the amount of
the Hotel Opening Liquidated Damages deferred pursuant to
Section 1 .1 of the Deferral Agreement;
b) In the event that Developer fails to satisfy all of the outstanding
construction obligations on or before October 31, 2016, the
amount of the Hotel Opening Liquidated Damages deferred
pursuant to Section 1.1 of the Deferral Agreement will become
immediately due and payable by Developer to the City. Such
damages will continue to accrue and be payable for any period
after October 31, 2016, to the extent that Developer's
Agreement, with the form of such Deferral Agreement, and other documents, to
be approved by the City Attorney.
H IS HER P. MORRILL
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Asst. City Mgr. for Community Development
Barbara A. Dameron, Director of Finance
Phil Schirmer, City Engineer
Debra Moses, Director of Parking
Susan S. Lower, Director, Real Estate Valuation
Wayne F. Bowers, Director, Economic Development
Marc B. Nelson, Special Projects Coordinator, Economic
Development
DRAFT DATE: JUNE 17, 2016
AGREEMENT FOR DEFERRAL OF CERTAIN
PERFORMANCE OBLIGATIONS
THIS AGREEMENT FOR DEFERRAL OF CERTAIN PERFORMANCE OBLIGATIONS
( "Deferral Agreement ") is made this day of June, 2016, by and between the City of Roanoke,
Virginia, a Virginia Municipal Corporation (the "City "), and South Commonwealth Partners-, LLC, a
South Carolina limited liability company authorized to transact business in the Commonwealth of
Virginia (the "Developer ")
RECITALS
A. The City and Developer entered into a Performance Agreement for Hotel Development,
Construction, Operation, and Maintenance dated December 18, 2013, (the "Hotel Performance
Agreement ") in connection with the construction, operation, and maintenance of a hotel with at least
123 rooms, but not exceeding 130 rooms ( "Hotel "), within certain air rights, property rights, and
easements within the City and more particularly described in a Deed of Certain Air Rights, Deed of
Condominium Units, and Deed of Easements dated December 18, 2013, by and between the City and
the Developer, recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia as
Instrument No. 130014480 (the "Deed ").
B. Pursuant to terns of the Hotel Performance Agreement, Developer agreed to (i)
construct the Hotel and complete construction of the Hotel, (ii) obtain a Certificate of Occupancy
within 30 days after the Construction Completion Date that authorizes Developer to conduct Hotel
Business, and (iii) open the Hotel for Hotel Business by June 30, 2016.
C. In the event that Developer fails to commence Hotel Business by June 30, 2016,
Developer is in default under the terms of the Hotel Performance Agreement and is obligated to pay to
the City Hotel Opening Liquidated Damages for each day, beginning July 1, 2016, that the Hotel is not
open for Hotel Business.
D. Developer has diligently pursued construction of the Hotel but has experienced some
delays in completing the construction in accordance with the terms of the Hotel Performance
Agreement that are attributable to the unique challenges of constructing a facility atop of an operating
public parking facility.
E. Developer has requested the City to (i) defer collection of the Hotel Opening Liquidated
Damages for the period beginning on the date oil which Developer obtains a temporary certificate of
occupancy from the Department of Planning, Building and Development of the City to open the Hotel
for Hotel Business, through and including October 31, 2016 (the "Deferral Period "), and (ii) provided
certain conditions and obligations of Developer are satisfied by Developer on or before October 31,
2016, time being of the essence, waive the default of Developer and waive collection of the Hotel
Opening Liquidated Damages that accrued during the Deferral Period.
F. The City is willing to defer collection of the Hotel Opening Liquidated Damages for the
Deferral Period and, subject to Performance of the Deferral Agreement by Developer, waive
Delerral Agreement (Final 06 17 2016)
DRAFT DATE: JUNE 17, 2016
Developer's defaults under the Hotel Performance Agreement, and waive collection of the Hotel
Opening Liquidated Damages for the Deferral Period
G. The City and Developer agree that capitalized terms used in this Deferral Agreement
and not otherwise defined here in, shall have the meanings ascribed to such terms in the Hotel
Performance Agreement.
NOW, THEREFORE, based upon the mutual promises artd covenants contained herein, and for
other good and valuable consideration, the City and Developer agree that the Recitals set forth above
are a material part of this Deferral Agreement and are incorporated herein, and the City and Developer
hereby agree as follows:
Deferral Of Hotel Opening Liquidated Damages
1.1 Subject to performance of all terms and conditions of this Deferral Agreement by
Developer, the City agrees to defer collection of the Hotel Opening Liquidated
Damages as set forth in Section 4.1.2 of the Hotel Performance Agreement for the
Deferral Period. Developer acknowledges, confirms and agrees that the Hotel Opening
Liquidated Damages shall accrue during the Deferral Period until Developer obtains a
Certificate of Occupancy and opens the Hotel for Hotel Business.
1.2 Prior to requesting issuance of a temporary certificate of occupancy for the Hotel from
the Department of Planning, Building and Development of the City and opening the
Hotel for Hotel Business based on the issuance of the temporary certificate of
occupancy, Developer shall remove all machinery, equipment, material, and debris from
all parking decks within the Market Garage to provide clear access to all parking decks
within the Market Garage and to make all such parking decks available, useable,
operable, and functional for their intended use of parking vehicles throughout the
Market Garage.
1.3 Developer agrees to pay the amount of Hotel Opening Liquidated Damages that accrue
beginning July 1, 2016, and ending on the date on which the Deferral Period
commences. Developer shall make this payment to the City upon issuance of the
temporary certificate of occupancy for the Hotel.
1.4 Subject to performance of all terms and conditions of this Deferral Agreement by
Developer, the City further agrees to defer enforcement of all remedies available to the
City as a result of Developer's default of the Hotel Performance Agreement arising
solely from (i) Developer's failure to complete construction of the Hotel by the
Construction Completion Date; (ii) Developer's failure to obtain a Certificate of
Occupancy within 30 days after the Construction Completion Date; and (iii) the
Developer's failure to open the Hotel for Hotel Business by June 30, 2016.
Deferml Agreemeat (Final 06.17.2016)
DRAFT DATE JUNE 17. 2016
2. Completion Of Construction Obligations.
2.1 Commencing upon execution of this Deferral Agreement and not later than October 31,
2016, at 4:00 p.m. Eastern Time, Developer shall complete, to the reasonable
satisfaction of the City Manager, each of the following remaining obligations of
Developer with respect to the completion of the construction of the Hotel (collectively,
"Outstanding Construction Obligations "):
2.1.1 Complete all repairs for damages to the Market Garage resulting from the
construction of the Hotel as more particularly described and set forth in
Schedule 2.1.1 attached hereto and made a part hereof ( "Market Garage
Repairs ").
2.1.2 Complete repairs to the Market Garage attributable to the pre -cast panel that fell
from the southerly side of the Market Garage, including, either (i) replacement
and installation of a new pre -cast panel of the same quality and material as the
original panel on the exterior of the Market Garage ( "Panel Repairs and Precast
Panel Replacement "); or (ii) replacement and installation of an Exterior
Insulation and Finishing System ( "EIFS ") on the exterior of the Market Garage,
together with a ten (10) year contractor warranty in form and substance
satisfactory to, and approved by, the City Engineer, and pay to the City the sum
of S 12,500.00 for the diminution in value to the Market Garage ( "Panel Repairs
and TIES Installation'). The decision whether to make the Panel Repairs and
Precast Panel Replacement or the Panel Repairs and EIFS Installation shall be
made by Developer, in its discretion, by written notice to the City within ten
(10) Days after execution of this Deferral Agreement. In the event that
Developer elects to make the Panel Repairs and FITS Installation, the notice of
election shall include payment in full of the $12,500.00 to the City in
immediately available funds of the United States of America. Absent a timely
election by Developer, Developer shall be obligated to make the Panel Repairs
and Precast Panel Replacement in accordance with the terms of this Deferral
Agreement. TIME IS OF THE ESSENCE.
2.1.3 Complete the relocation of all existing Utilities as set forth in Section 3.3.9 of
the Hotel Performance Agreement.
11.4 Complete and pay for the retrofit of the Market Garage Vehicular Traffic Flows
as set forth in Section 3.4 of the Hotel Performance Agreement.
11.5 Determine, with the agreement and concurrence of the City, the number of
parking spaces deemed permanently unusable in the Market Garage and pay the
Supplemental Payment, if any, due to the City pursuant to Section 4.3 of the
Hotel Performance Agreement.
2.1.6 Complete construction of the City Office Space and deliver all of Developer's
rights, title, interest, and possession thereof to the City, free and clear of all
Deferral Agrcemem(Final 06.172016)
DRAFT DATE: JUNE 17, 2016
liens, encumbrances, and claims of any party, as set forth in Section 4.1.3 of the
Hotel Agreement.
2.1.7 Obtain the Certificate of Occupancy.
2. L8 Provide written confirmation from the hotel franchisor that the Hotel Franchise
remains in full force and effect.
2.1.9 Complete all requirements of Developer under Section G of the Deed.
Developer will promptly notify the City, in writing, as Developer completes the
construction and repair items included in this Section 2.1, and the City will,
promptly upon receiving notification of completion each such item from
Developer, cause the work to be inspected and notify Developer, in writing, of
approval of such work or the requirement of further work. All such required
further work shall be performed and completed by Developer at its sole cost and
expense on or before October 31, 2016, at 4:00pm (Eastern Time).
2.2 Other than making the election set forth in Section 2.1.2 within ten (10) Days after
execution of this Deferral Agreement and paying the sum of $12,500.00 if Developer
elects to make the Panel Repairs and EIFS Installation, Developer will satisfy the
Outstanding Construction Obligations on or before October 31, 2016, at 4:00 p.m.
(Eastern Time) to the satisfaction of the City, as determined by the City Manager, at the
sole cost and expense of Developer. TIME IS OF THE ESSENCE with respect to the
obligation of Developer to satisfy all of the Outstanding Construction Obligations.
2.3 In the event that Developer fails to satisfy all of the Outstanding Construction
Obligations on or before October 31, 2016, at 4:00 p.m. (Eastern Time), the amount of
the Hotel Opening Liquidated Damages deferred pursuant to Section 1.1 of this Deferral
Agreement shall become immediately due and payable by Developer and Developer
shall pay to the City the amount of the Hotel Opening Liquidated Damages deferred
pursuant to Section 1.1 of this Deferral Agreement, in immediately available funds of
the United States. Hotel Opening Liquidated Damages shall continue to accrue and be
payable for any period after October 31, 2016, to the extent that Developer's
obligations under Section 4.1 of the Hotel Performance Agreement remain outstanding
after October 31, 2016. The City shall have all of its rights and remedies available to it
under this Deferral Agreement and the Hotel Performance Agreement.
2.4 In the event that Developer performs and completes all of the Outstanding Construction
Obligations on or before October 31, 2016, at 4:00 p.m. (Eastern Time), to the
satisfaction of the City Manager, the City shall release the Developer from any
obligation to pay the amount of the Hotel Opening Liquidated Damages deferred
pursuant to Section 1.1 of this Deferral Agreement. The City Manager will execute and
deliver a release in the form attached here as Schedule 2.4.
Dc @r.l Ag, men, (Final O6 17.2016)
DRAFT DATE: JUNE 17. 2016
Escrow for Completion of Market Garage Repairs.
3.1 Developer shall provide the City with a cash escrow payment in the amount of
350,000.00, to be held by the City as security for completion of the Market Garage
Repairs ( "Escrow "). Developer shall deliver the Escrow to the City upon execution of
this Deferral Agreement. Payment shall be made in immediately available funds of
the United States of America. The City shall deposit the Escrow with the City Treasurer
and such funds shall be disbursed by the City Treasurer in accordance with this Deferral
Agreement. The Escrow shall be held in a non - interest bearing account.
3.2 In the event that all of the Market Garage Repairs are not completed by Developer
by October 31, 2016, at 4:00 p.m. (Eastern Time) to the satisfaction of the City, the
City shall retain the Escrow and complete the Market Garage Repairs, to its satisfaction.
In such event, the City Treasurer shall disburse the Escrow to the City without notice to
the Developer. In such event, Developer shall have no claim, right, or interest in or to
any portion of the Escrow until the City completes all of the Market Garage Repairs to
its satisfaction. In the event that all costs incurred by the City to complete the Market
Garage Repairs is less than $50,000.00, the difference between the amount of the
Escrow and the actual costs incurred by the City for completion of the Market Garage
Repairs shall be returned to Developer. In the event that the costs incurred by the City
for the completion of the Market Garage Repairs exceeds the amount of the Escrow,
Developer shall reimburse the City such amount in excess of the Escrow within ten (10)
Days after receipt of invoice from the City.
3.3 In the event that Developer completes all of the Market Garage Repairs on or before
October 31, 2016, at 4:00 p.m. (Eastern Time), to the satisfaction of the City Manager,
the City Treasurer shall disburse the Escrow to Developer upon written notification
from the City Manager.
4. Acknowledgement.
4.1 Developer and the City acknowledge and agree that this Deferral Agreement is a
modification of certain terms and conditions of the Hotel Performance Agreement as
permitted by Section 2.1.2 thereof. The waiver of certain conditions of the Hotel
Performance Agreement is made in accordance with, and subject to, Section 2.1.6 of the
Hotel Performance Agreement. Except as expressly waived or deferred in this Deferral
Agreement, all terms and conditions of the Hotel Performance Agreement remain in full
force and effect.
4.2 Developer acknowledges, agrees, and confirms that Developer must comply with all
applicable laws, rules and regulations of any Governmental Entity, including the
Department of Planning, Building and Development of the City with respect to the
issuance of a temporary certificate of occupancy for the Hotel, including, without
limitation, life safety issues, fire safety and suppression requirements, and special
Ddumal Agrmment 1Fulal 06.1720161
DRAFT DATE: JUNE 17, 2016
inspection requirements associated with the issuance of a temporary certificate of
occupancy.
4.3 Developer and the City acknowledge and agree that the Market Garage Repairs set forth
in Section 2. 1.1 and Schedule 2. 1.1 constitute the repairs and improvements known by
Developer and the City as of June 13, 2016. Developer and the City acknowledge and
agree that additional repairs and improvements to the Market Garage may be required
as Developer completes construction of the Hotel. Developer and City agree to meet on
a biweekly basis to review the status of completion of the Market Garage Repairs and
determine whether additional repairs and improvements are required. The City and
Developer shall cooperate in setting a schedule for such additional repairs and
improvements to the Market Garage. The City, if necessary as determined by the City
Manager in his reasonable discretion, agrees to seek approval from Roanoke City
Council for an extension or modification of this Deferral Agreement,
4.4 This Deferral Agreement is subject to the express approval and authorization of
Roanoke City Council.
4.5 Except as expressly set forth in this Deferral Agreement, Developer acknowledges,
confirms, and agrees that Developer is in compliance with all terms, conditions, and
obligations under the Hotel performance Agreement. Developer further acknowledges,
confirms, and agrees that TIME IS OF THE ESSENCE with regard to performance of
all obligations under this Deferral Agreement.
4.6 This Deferral 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, and further each party agrees this
Deferral Agreement is controlled by the laws of the Commonwealth of Virginia , with
the exception of Virginia's Conflict of Interest Law provision 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. 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 forntn or that venue of the action, suit, or
proceeding is improper. The parties further agree that the provisions of Section 17.2 of
the Hotel performance Agreement shall apply to any claim or dispute arising under this
Deferral Agreement,
4.7 Developer shall obtain the written consent of its Lender, Wells Fargo Bank, National
Association, consenting to the terms and conditions of this Deferral Agreement.
4.8 The persons who have executed this Deferral Agreement on behalf of their respective
parties represent and warrant they are duly authorized to execute this Deferral
Agreement on behalf of their respective entities.
Detenal Agrcenmm (Final 06 17 2016)
DRAFT DATE: JUNE 17. 2016
WHEREFORE, the City and Developer have caused their duly authorized officers to execute
and deliver this Deferral Agreement as of the date hereof.
ATTEST:
CITY OF ROANOKE, VIRGINIA
0
Stephanie M. Moon Reynolds, City Clerk Christopher P. Morrill, City Manager
WITNESS:
Name:
SOUTH COMMONWEALTH PARTNERS, LLC
31
Paul C. Aughtry, III
Duly authorized Manager
Wells Fargo Bank, National Association, consents to execution, delivery, and performance of this
Deferral Agreement by South Commonwealth Partners, LLC, in accordance with Section 21.2 of the
Hotel Performance Agreement.
WITNESS
Printed
Ddttal Agmcmcm (Final 06.1710161
WELLS FARGO BANK,
NATIONAL ASSOCIATION
By:
Printed Name:
DRAFT DATE: JUNE 17, 2016
COMMONWEALTH OF VIRGINIA § To -wit:
CITY OF ROANOKE
The foregoing instrument was acknowledged before me this day of June, 2016, by
Christopher P. Moffitt, City Manager of the City of Roanoke, for and on behalf of the City.
My Commission expires:
Notary Public
STATE OF § To -wit:
CITY /COUNTY OF
SEAL
The foregoing instrument was acknowledged before me this day of June, 2016, by Paul C.
Aughtry, III, the duly authorized manager of South Commonwealth Partners, LLC, a South
Carolina limited liability company, for and on behalf of South Commonwealth Partners, LLC.
My Commission expires:
Notary Public
STATE OF § To -wit:
CITY /COUNTY OF
SEAL
The foregoing instrument was acknowledged before me this day of June, 2016
by the duly authorized , of
Wells Fargo Bank, National Association, a national banking association, for and on behalf of
Wells Fargo Bank, National Association.
My Commission expires:
Notary Public
SEAL
8
ndeRnl Agreemem (Fiml 06.1920I6)
DRAFT DATE: JUNE 17, 2016
Approved as to Form: Approved as to Execution:
City Attorney City Attorney
Approved by the Director of Finance
subject to appropriation.
Director of Finance
Authorized by Ordinance
Nleiml Agreement(Flnnl 06 172016)
DRAFT DATE: JUNG 17, 2016
Schedule 2.1.1
Market Garage Repairs
10
Dc &rrel Agreement (Final 06.172016)
Schedule 2. 1.1
Market Garage Repairs
Attached to this Schedule 2. L 1 are two lists that identify repairs and other matters that
Developer must address under the terms of this Deferral Agreement. The two lists are (i) Market
Garage Punch List dated 10.13.15, updated to 5/17/16 ( "Punch List'); and (ii) the Supplemental
Review of THP Limited, Inc. dated June 13, 2016 ( "THP Review "). Some of the items are set
forth in other subsections of Section 2 of this Deferral Agreement.
For purposes of this Schedule 2.1.1, the following items from each list are Market Garage
Repairs:
Punch List
Item 1 through and including Item 7 as set forth in the Punch List, subject to the
following clarifications and amendments:
Item 6 (Southeast stairwell). The southeast stairwell does not require
pressurization because the southeast stairwell does
not connect to the Hotel. All other work identified
in Item 6 will be performed.
Item 7 (Louvers/exhaust). The City will not require a fence to be installed. The
other work identified in Item 7 will be performed.
Item 9 through and including Item 16 as set forth in the Punch List, subject to the
following clarifications and amendments.
Item 10 (Lighting): Developer shall relocate light fixtures within the
garage to eliminate the conflict between these light
fixtures and the sprinkler system installed by
Developer, as noted in Item 10 of the Punch List
and Items 17 and 19 of the THP Review. Developer
may relocate light fixtures are clear of the sprinkler
line, in places satisfactory to the City Parking
Director to maintain adequate lighting of the
Garage, and consistent with applicable codes.
Item 12 (Waterproofing) Developer shall provide waterproofing in
accordance with the details and description set forth
in Item 12 of the THP Review.
Item 14 (Sprinkler System) The portion of Item 14 that addresses the existing
lighting shall be addressed as set forth in the
clarifications and amendments to Item 10 set forth
in this Schedule 2.1.1.
Item 16 (Pressure Washing) Developer shall be solely responsible for the
pressure washing of the garage, including all levels,
stairwells, and walls, as described in Item 16 of the
Punch List, within twenty one (21) Days after
Developer receives a temporary certificate of
occupancy from the City Department of Planning,
Building and Development, subject to the following
conditions: (i) pressure- washing shall occur
only during the evenings (7:00pm to 5:00am)
during the work week, and on Saturday and Sunday;
(ii) Developer and the City shall agree and establish
the specific written schedule for the commencement
and completion of the power washing; and (iii) the
work shall be completed within the written
schedule. Developer agrees that City is not required
to commence any work related to (x) painting any
areas of the Market Garage, (y) installing signs
within the Market Garage, or (z) constructing any
other improvements in the Market Garage; as
provided in any other agreement between the City
and Developer until the power washing has been
completed to the satisfaction of the City.
Item 22 and Item 23 as set forth in the Punch List.
Developer and the City acknowledge and agree that the remaining Items on the Punch
List are items covered by other subsections of Section 2.1 of this Deferral Agreement.
Specifically, Item 8 (pre-cast panel) is subject to Section 2.1.2 of this Deferral Agreement; Item
17 (signage) is subject to Section 2.1.4 of this Deferral Agreement; Item 18 (drive lane striping)
is subject to Section 2.1.5 of this Deferral Agreement; Item 19 (ParkRoanokc office) is subject to
Section 2. L6 of this Deferral Agreement; Item 20 (easements) is subject to Section 2.1.9 of this
Deferral Agreement; and Item 21 (utilities) is subject to Section 2.1.4 of this Deferral
Agreement.
THP Review
Item 1 through acrd including Item 17.
Item 19 through and including Item 23.
Developer and the City acknowledge and agree that Item 18 (pre -cast panel) is subject to
Section 2.1.2 of this Deferral Agreement. In the event that Developer elects to install the EIFS as
provided in Section 2.1.2 of this Deferral Agreement, Developer shall provide the warranty as
described in Section 2.1.1 and Item 18 of the THP Review.
Developer has requested, and the City has agreed, that Developer, if Developer has an
objection to an item in the THP Review (other than the requirements of Item 18), Developer may
requests alternatives to the requirements set forth in the THP Report ( "Developer Request ").
Each Developer Request shall be in writing and be accompanied by a proposed resolution
endorsed by the Developer's structural engineer, and delivered to the City Manager. The City
Manager may accept the alternative recommendation of the Developer set forth in the Developer
Request if the alternative proposed by the Developer is acceptable to THP and the City Engineer.
In addition to the items set forth in the attached lists, Developer shall make all repairs to
the fountain adjacent to the Market Garage, to the satisfaction of the City Engineer, to ensure that
the fountain is operational and functional for its intended purposes. Developer shall reinstall all
flag and flag poles removed from the area around this fountain.
Developer shall also make such other repairs for damages to the Market Garage or other
Property of the City which arise or occur on and after June 13, 2016. As set forth in Section 2.1
of this Deferral Agreement, Developer shall make all other repairs that arc required by
inspections of the Project.
Market Garage Hotel Construction
Punch List — Fall 2015 10-1345 (updated 5/17/16) PARK Roanoke
Item
Contractor
City Approval
No.
Location
Description
Complete
Date
Date
L
North Elevator
Interior has been worn and ridden hard Cleanupofob
WA to refurbish ab
and tMmugh Inspection to be performed by City
combattednimerrKmpp Ekshiss, Car,on,sven,
Intri Issue to be en mined and corrected as needed,
Including all internal electrical.
2.
South Elevator
Clean up of cab and thorough lnapectlon to he performed
wA torefurbish
by City contracted TM1yssenKrupp Elevator.
cab. Fork oanoke
In mordlaule TK
Impression
3.
Hotel Elevator
Confirm that only 2 spaces per level are lost at completion-
PrNe/WA to seal
rim micar
t2 spaces total. Orient gap between bashod, sort
wall and EFIS
cinderblock with rectangular cut out is only covered by
plyboard, Verify all drain mnneRlmm are Intact behind
elev soh, as this is location that multiple lines an together
and down venially
a.
northwest SuIrwdl
Condition above Level S Is geneally not known. Site and
Review by THP
preventanywatedymnlon. Pressudaatonaflnelrtower
and ensure that meets code, Including odm s
5.
Southwest Stairwell
Conduch above Level is gem rally not known.
Review by THP
Preasurlaatlnn of stair tower and ensure that It meets code,
I
Including railings.
6.
Southeast Stalrwell
Cindltmn above Level 5 is geneally ant komm
Review by Its
Pressudaatimn of sleir tower and ensure that It meets code
Intlutlln,Miri, PARK Roanoke management noted that
apparent peri ir, water had omed modest¢
count orahim at Local and above In this conmel - ¢!mg
to be rapalred in full
T
LmuvarvErhaust for
Execute m that lower footprint do. not of veb¢ul,
Design okay, Install
sism AS
or pedestrian safety Segments from driderblork have
In pm¢ss
been" but not removed so data
a
Pre -Cast Panel
Whole replacementof po-nn panel a her canopy removal
small pending
Sodh
9
FaSade, Ledges
Varnm places on pohnni that have been sculled,
Primadly Wilk Ave
vaped or removed during hosting and canopy
side
Iollelli Indentations are panicuiarly visible above
vehicular entrancelealt Columns trimmed, Palm, smooth,
and repair to retumta or.c..urctmn mrdmmrta.
10
ughtm,
Install of roof lights. Two perimeter lights that .,ad to be
Install following
«attached and replaced as rewind on luck Aw ,near
sm"Ki but
garage entrance. Keep light placement Intact and r,dlrtR
s rinklerlines as directed on4m Rbn,
11
oa is
Tie In all Final connections and verify that any changes will
Frslllaoi social
continue to direct water to low pairs ory m
Imes
dra rs to datennlne extent of buildup. Cmntraom to
snake. flush, clean out an debris from ail drain l'mes.
12
Lnel a and Levels
Water intrusion has continued in spaces In this area Seal
Review by'i
South
all mnnestlom that water does not ere, level from
enln stn cellin shove.
13
Ground Floor
Repair of concrete chunk ldlvoll that was Inadvertently
Drive Path
removed .
li
Sprinkler System
Review and lmpection to¢sure mss a compfance.
Testing In process
Discussion for access and responslhNbes for rises, Verify
that all drive lanes (utterance) and light Fixtures are not
obstructed by Inesor spdnk or heads, Ensue allpointsare
converted and test system.
35
Genera orts
Removal of Styrofoam beads and Omer, small u.,hee mat
ongoing
art scattered through all levels of parking garage.
Market Garage Hotel Construction
Punch List —Fall 2015 10-13-15 (updated 5/17/161 PARK Roanoke
16
Pressure Washing
Prassmewasbineofgalage kvels,stdirwilr,aakin
6y city
'..
advance of opeNry of Hotel
17.
5'gmge
Couullatlon with W/A and H/A le deteamine elgruge needs
Install pendl,
'..
All Levels
for garage and hotel prior to open date — purchase and
Inat.11.11 n- 520.000 dedlutes] to stn e
10 .
Drive Lanes
Furore that an drive lanes throw ul the garage are code
Stripeg
compliant in At aspecu, Including width -19h far two wmy.
Reztriping of ga rage — n6pmg In latemmmer 20151.
as that were seated for hotel lobby — largely untamed
to Level 2.
19
PAM
PARK Raamke to be returned maintenance r0em and all
Office prefab,
Roanokommal
spare, mdudea rest rwm.
returned In Mar
Access
Shared =so for electrical, water and Verloon— dewlap
2016.91 OrvMlng
procedure or MOV for arcess.
area
20
Easements
Complete any unfinished easements and 6na11ae—
In process
Induchn , bladder In PARK Roarwke malmenan<e. A/C In
Yeempacea Swoofbullding Relurnof5IIhICitk1
na s
n
otames
Send up on unfies(I'ctrlr and water) aver the past 205
Park Rmw4 to
months. Verk"epanton of umitles between HOshtatlry
'mid,
Amens and PARK Roanoke, as rlored h'Acceai
22
Enlmme /Fart island
Re forming of mulled curb to dived exam, traffic to tF
Curb
right and towards Church Aw
23
Ouuideof Enclosed
Revkwudeandoeed for adtllcienal emergenryllghu and
Kelly to mvlew vd
5tal—al 'I
eau Mdcatura
amise
Item Nos 22 -23 added on 4 /5/16
Tr
THP Limited, Inc. 100 E. Eighth St_, Cincinnati, OH 45202 513241 -3222 fx 241 -2981 thpltd.com
June 13, 2016
Mr. Luke Pugh, PE
Project Manager
Office of the City Engineer
Noel C. Taylor Municipal Building
215 Church Avenue, Room 350
Roanoke,VA 24011
Subject: Market Garage
Supplemental Review
THP #15398.00
Dear Luke
This letter includes observations and discussions relative to THP's 617/2016 supplemental review of
the conditions in the Market Garage related to the work by Pride Construction. This letter
supplements THP's original letter from our preliminary review of the garage, dated 112212016.
This letter is broken into two sections. The first updates the status of items THP noted during our
preliminary review. The second section includes all new or additional items noted during the
supplemental review.
All findings and recommendations are based on conditions existing as of the date of the surveys, and
assume the original design and construction of the garage met appropriate standards. Review of
conditions hidden or indeterminable from visual assessment, such as reinforcement and embedments
within cast -in -place concrete, vehicular barrier systems, and buried waterproofing elements, were
excluded from THP's scope of work A review of the electrical systems, lighting, and mechanical
systems of the garage were not included in the scope of this review.
UPDATEDITEMS
All items below are listed as originally included in THP's preliminary letter. Updates to each item
based on the Supplemental Review are provided in bold italic teat.
Elevator Shah
Several observations and comments regarding the work in connection with the elevator shaft.
1. All supported levels include a rectangular saw cut box out and several small (3 to 4 inch
diameter) and larger (6 to 8 inch diameter) core holes in the slab for conduits and pipes. At
many locations saw cuts and cores cut rebar, clearly visible in the side surfaces. All cut rebar
locations should be wire wheel prepared and coated with 2 independently applied coats of
epoxy, to limit long term corrosion and unsightly rust stains on soffits below.
Mr. Luke Pugh
Market Garage Supplemental Review
June 13, 2016
All penetrations have MEP lines installed, and THP was unable to verify if the recommended
preparation and coating had been performed. Pride Construction should provide written
verification to the City for future records.
No visible cove sealant or other waterproofing was installed around the base of the slab
penetrations, to prevent future water infiltration to the levels below.
The construction drawings for the Hotel Project also require the Engineer of Record to
approve all penetrations locations prior to installation. It is recommended the City receive
a letter from Pride Construction that this process was followed during the work with no
issues at any of the locations.
2. All supported levels include approximately 7 steel bollards positioned around the elevator
shaft to protect it (and conduit and pipes) from vehicular impacts. Bollards are anchored into
the floors with 4 approximately 7/16 inch diameter anchors with an unknown embedment
depth. THP is concerned the small diameter anchors are inadequate to stop a vehicular
impact and possible damage to the shaft, conduit and pipes. This concern is magnified by the
long protruding nature of most of the anchors, which creates concerns for the as -built
embedment depths. Calculations of the structural capacity of as- installed anchors should be
obtained and confirmed adequate for typically expected vehicular impacts. Similarly, all
anchors should be cut off flush with nuts to limit concerns for patron injury, and all bollard
tops should be capped and sealed to prevent moisture from condensation and debris from
building up in the bollard.
Bollard anchor conditions appears unchanged from the preliminary survey. As a result,
THP's previous recommendations remain unchanged.
3. Bollards on Level 1 on the newly installed traffic membrane (observations and discussion later)
should be reset on a full bed of sealant, to eliminate water migration into anchor holes.
Bollardinstallation conditions appears unchanged from the preliminary survey. Asa result,
THP's previous recommendations remain unchanged.
4. At all supported levels the CMU shaft wall is not completely constructed to the underside of
the floor above. Anchors in steel clip angles at wall tops to fix the top CMU wall are not yet
installed, and backer rod and sealant is not installed between the CMU wall top and floor slab.
The noted gap between the CMU wall top and slab above appears to have been filled at all
locations.
5. At some -to -all supported levels the generally hidden south side of the CMU shaft wall exhibits
poor quality (irregular and not completely filled) mortar joints.
The shaft wall is now being enclosed with cold -form metal framing. No issues with visible
mortarjoints were noted.
Mr. Luke Pugh
Market Garage Supplemental Review
June 13, 2016
6. At some -to -all supported levels the surface finish details at form ties for the north side shaft
reinforced concrete wall are incomplete and /or inadequate.
The shaft wall is now being enclosed with cold -form metal framed (CFMF) wall system,
which will act the finished surface and cover the reinforced concrete wall.
7. At all supported levels the shaft is not yet painted.
The shaft wall is now being enclosed with CFMF wall system, which will act the finished
surface.
Level 1 Traffic Membrane
8. The Level 1 north bay new traffic membrane is reportedly a Neogard FC System. The specifics
of the system (primer, detail coats, base coat thickness, top coat thickness), surface
preparation, and supplemental sealants are not known. The installing subcontractor is not
known either. Regardless, the installed system looks good, with good fairly uniform aggregate
distribution and no apparent problems. The City should require a formal joint- and - several
warranty from Neogard and the installing subcontractor, and a supplemental commitment
letter from Pride Construction, against material and installation defects in the system. 5 years
is the industry standard duration for such warranties.
No additional issues were noted with the traffic membrane system. As previously noted,
THP recommends the City receive a copy of the warranty for records, even though they are
reportedly not responsible for the maintenance and performance of the membrane system.
Level 1 Stair Curb Coating
The raised curb at the northwest stair on Level 1 appears to have a new coating system,
reportedly a Strongcoat system. The Strongcoat system is not a waterproofing system.
Instead, it is a latex modified cementitious coating that generally sheds water, but will not
bridge cracks. The benefit of the system is its vapor permeability, key at this location where
concerns for vapor drive from residual moisture between the raised curb and Floor exist. The
installation specifics (preparation, primer, coating thickness, details at end terminations) are
not known. The installing subcontractor is not known either. The long term performance of
the Strongcoat system is difficult to predict; it may be adequate since the raised curb limits
exposure to splashing water from vehicles, but cannot be assured. THP did not note whether
or not supplemental sealants were installed on top of the Strongcoat system at walls, or along
the face of the curb; they should be. The City should require a formal joint- and - several
warranty from Strongcoat and the installing subcontractor, and a supplemental commitment
letter from Pride Construction, against material and installation defects in the system. As THP
has never specified a Strongcoat system, and our knowledge of it is only via restoration of it
after the fact, so we do not know what duration warranty to expect.
No additional issues were noted with the coating system. As previously noted, THP
recommends the City receive a copy of the warranty for records, even though they are
reportedly not responsible for the maintenance and performance of the coating system.
Mr. Luke Pugh
Market Garage Supplemental Review
June 13, 2016
Level 5 to 6 Walls
10. Localized installation of an off -white color elastomeric coating was noted on the north side
(southward facing surface) of the Level 5 to 6 center bay wall, coating the existing cast -in-
place slab edge spandrel and an apparent newly installed CMU in fill wall. The reason for this
localized coating installation is not known. Similarly, the localized off -white color coating calls
attention to all remaining wall surfaces in the center bay, many of which have significant
visible patching efforts. The City should require all exposed wall surfaces in the Level 5 to 6
ramp bay to be uniformly coated.
The existing coated land uncoated) surfaces appear unchanged.
General Garage Conditions
11. Several existing drains in the supported floors are clogged with debris. Some drains have filter
fabric; other do not. All drains throughout the garage should be positively cleared of debris
and confirmed to be free flowing at the end of work on site.
The majority of the drains appear to have filter fabric installed. However, isolated drains
throughout the garage were still not filtered, including at the base of the northeast
crossover to the middle bay on Level2, where debris was noted. Refer to the attached Photo
01, included at the end of this letter. As previously recommended, all drains throughout the
garage should be positively cleared of debris and confirmed to be free flowing at the end of
work on site.
12. At all supported floors at the elevator shaft, saw cut box outs and cores on supported floors
will present concerns for contaminant of water from vehicles and especially floor slab cleaning
efforts. A supplemental standing cove sealant, at least 1" tall, should be installed at all slab
openings. Alternatively, and probably better, a small 1 "x1 "stainless steel or aluminum angle
set in sealant could be installed on the floor surface around the box cuts and cores to provide
the water containment.
As noted, at all floors, ongoing work included CFMF and finishing at the elevator shaft.
However, no sealant or other waterproofing of the walls was noted at this point in the
construction (Photo 02). The City should receive verification from the design team or Pride
Construction for how the base of the finished surfaces at the garage floor will be
waterproofed, and who will be responsible for maintenance and issues associated with this
interface.
13. Extensive construction debris and stockpiled materials exist on the Level 5 to 6 center ramp
bay and Level 6 north bay. Similarly, heavy lifts were noted in the center ramp bay. After
completion of the work, and significant cleanup of floors, careful review of floors (and soffits
below) for signs of damage and /or cracking from local overloads is necessary.
While debris and stockpiled materials still exist throughout the upper levels, no heavy lifts
were noted at the time ofTHP's site visit. It is recommended that Pride Construction confirm
in writing that the vehicles and equipment used during the project did not exceed the
available capacity of the floorslab orgarage structure.
Mr. Luke Pugh
Market Garage Supplemental Review
June 13, 2016
ITIONAL ITEM
In addition to the items from the Preliminary Review, THP noted several additional items to be
reviewed and addressed as part of this Supplemental Review. These items include the following:
Existing Elevator and Stair Towers
14. During a meeting with the City, it was reported that leaking had been noted in the existing
stair and elevator towers below the new hotel. While direct assessment of this interface was
not possible from the garage, it appears that several sections of the hotel fa4ade and envelope
over these existing structure were not completed (Photo 03). THP recommends Pride
Construction notify the City when the work is complete, and then coordinate a water test
(with the City present) of the envelope over or adjacent to the stair and elevator towers to
ensure no leaking or other water infiltration is noted.
15. All stair towers were noted to have visible buildup of dirt and debris from ongoing
construction at Levels 5 and 6 (Photo 04). These towers should be cleaned and reviewed
again with the City to verify they are m acceptable condition.
16. The elevator cabs at the northwest and southwest towers were dirty, and had visible marks
throughout the cab, including damaged ceiling panels (Photo 05). THP noted construction
workers using both elevators during the site visit. Pride Construction should review the
condition of the cabs with the City and clean /repair /replace any issues associated with the
hotel construction.
17. At the northwest stair tower on one of the levels, a sprinkler line is penetrating the CMU wall
of the tower with no firestop or sealant installed (Photo 06). All penetrations to the stair
towers should be reviewed to verify they comply with the project fireproofing and safety
requirements.
South Fa4ade - Missing Panel
18. Early in the project, a precast concrete fa4ade panel was reportedly damaged and fell from the
south side on the upper level (Photo 07). The City reported that, with the hotel now in place,
the panel cannot be easily replaced with another precast piece, and the request has been
made to use an EIFS system, similar to remainder of the hotel fa4ade, including other similar
facade panels to the east.
Any revision to EIFS should include discussion on the different durability of the DES system
versus a precast panel. The new panel should be designed by the design team for the hotel
project to ensure correct materials and detailing are specified for the conditions at this
location. In addition, the City should receive a warranty specific for this panel which covers all
maintenance for a period of at least 10 years (minimum), including all associated sealants and
finishes.
Mr. Luke Pugh
Market Garage Supplemental Review
June 13, 2016
Miscellaneous Garage Issues
19. New sprinkler lines were installed throughout the garage, typically five lines (east -west
orientation) per bay. At numerous locations, the lines were installed directly adjacent to or
below the garage light fixtures (Photo 08).
20. Throughout the garage at locations adjacent to the ongoing construction, the wall top
flashing was bent, partially removed, or otherwise damaged (Photo 09). These locations
should be repaired or new flashing installed to original specifications.
21. Debris and garbage was noted in several of the new bollards (Photo 10), which should be
cleaned out. Typically, bollards are filled with concrete or a cap installed to prevent future
debris and garbage. If a cap is used in lieu of filling, it is recommended to install weep holes at
the base of all holes to mitigate potential water build up and corrosive deterioration.
22. Throughout Levels 5 and 6, the barrier cables installations were not complete or missing
(Photo 11). All harder cables should be installed prior to completion of the work
23. Adjacent to the southwest stair tower on Level 2, significant wash down was visible on the
floor from cutting into the stair tower wall for installation of new MEP equipment (Photo 12).
The floor and curb should be cleaned and the drain verified to be free and clear of debris and
functioning properly.
If you have any questions or need any added information, please call or email.
Very truly yours,
THP Limited, Inc.
Christopher A. Hauke, P.E.
Principal
cc: Chris Przywara, THP
Attachment: Photos 01 through 12
Mr. Luke Pugh
Market Garage Supplemental Review
June 13, 2016
Garages Photo 01
Clogged Floor drain.
Garages Photo 03
Unfinished building envelope over stair tower
Garages Photo 02
Base of new MEP enclosure.
Garages Photo 04
Debris and dirt in stair tower.
Mr. Luke Pugh
Market Garage Supplemental Review
June 13, 2016
Garages Photo 05
Damaged light fixture in elevator cab.
Garages Photo 07
Location of damaged south facade panel.
Garages Photo 06
Open penetration at northwest stair tower.
Garages Photo 08
Sprinkler line installation at light fixture.
Mr. Luke Pugh
Market Garage Supplemental Review
June 13, 2016
Garages Photo 09
Damaged walltop Flashing.
Garages Photo 11
Incomplete barrier cable installation.
Garages Photo 10
Trash and debris in open bollard.
Garages Photo 12
Visible wash down adjacent to Level 2 stair tower.
DRAFT DATH: JUNE 17, 2016
Schedule 2.4
Fonn of Release
Deferral Agreemcn (Final 06.172016)
RELEASE OF DEFERRED HOTEL OPENING LIQUIDATED DAMAGES
This Release of Deferred Hotel Opening Liquidated Damages is made by the City of
Roanoke, Virginia, a Virginia municipal corporation (the "City ") this day of
2016, and is provided to South Commonwealth Partners, LLC, a South
Carolina limited liability company ( "Developer ").
RECITALS
A. The City and Developer entered into a Performance Agreement for Hotel
Developer Development, Construction, Operation, and Maintenance dated December 18, 2013,
(the "Hotel Performance Agreement ") in connection with the construction, operation, and
maintenance of a hotel with at least 123 rooms, but not exceeding 130 rooms ( "Hotel "), within
certain air rights, property rights, and easements within the City and more particularly described
in a Decd of Certain Air Rights, Deed of Condominium Units, and Deed of Easements dated
December 18, 2013, by and between the City and the Developer, recorded in the Clerk's Office
of the Circuit Court of the City of Roanoke, Virginia as Instrument No. 130014480 (the `Deed ").
B. Pursuant to terms of the Hotel Performance Agreement, Developer agreed to (i)
construct the Hotel and complete construction of the Hotel, (ii) obtain a Certificate of Occupancy
within 30 days after the Construction Completion Date that authorizes Developer to conduct
Hotel Business, and (iii) open the Hotel for Hotel Business by June 30, 2016.
C. In the event that Developer fails to commence Hotel Business by June 30, 2016,
Developer is in default under the terms of the Hotel Performance Agreement and is obligated to
pay to the City Hotel Opening Liquidated Damages for each day, beginning July 1, 2016, that the
Hotel is not open for Hotel Business.
D. The City and Developer entered into an Agreement for Deferral of Certain
Performance Obligations dated June , 2016 (`Deferral Agreement "), under which Deferral
Agreement the City agreed to defer the accrual of Hotel Opening Liquidated Damages provided
Developer satisfied the Outstanding Construction Obligations, as defined in the Deferral
Agreement, on or before October 31, 2016.
E. Pursuant to Section 2.4 of the Deferral Agreement, the City agreed to provide this
Release of deferred Hotel Opening Liquidated Damages if Developer satisfied the Outstanding
Construction Obligations, to the satisfaction of the City Manager, on or before October 31, 2016.
F. The City Manager has confirmed that Developer has satisfied the Outstanding
Construction Obligations to his satisfaction.
G. All capitalized terms, not otherwise defined herein, shall have the meaning
ascribed to such term as set forth in the Deferral Agreement or the Hotel Performance
Agreement, as applicable.
NOW, THEREFORE, based upon the mutual covenants contained herein, and for other
good and valuable consideration, the City and Developer agree as follows:
Release of Deferred Hotel Opening Liquidated Damages.
The City acknowledges and agrees that Developer has satisfied the Outstanding
Construction Obligations, to the satisfaction of the City Manager, and hereby releases Developer
from any and all claims for any deferred Hotel Opening Liquidated Damages that accrued under
the terms of the Deferral Agreement.
2. Effect Applicable Law.
This Release of Deferred Hotel Opening Liquidated Damages is made pursuant to
Section 2.4 of the Deferral Agreement. Except as expressly provided herein, all terms and
conditions of the Deferral Agreement and the Hotel Performance Agreement shall remain in full
force and effect. This release of Hotel Opening Liquidated Damages shall be constructed and
interpreted in accordance with the laws of the Commonwealth of Virginia.
WHEREFORE, the City has executed this Release of Deferred Hotel Opening Liquidated
Damages by its duly authorized City Manager.
ATTEST: CITY OF ROANOKE. VIRGINIA
By:
Clerk Christopher P. Morrill, City Manager
South Commonwealth Partners, LLC accepts this Release of Deferred Hotel Opening
Liquidated Damages in accordance with its terms and conditions.
SOUTH COMMONWEALTH PARTNERS, LLC
By:_
Paul C. Aughtry, III, duly authorized Manager
Print
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
_ 215 Church Avenne, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Exx: (540) 853 -1145
STEPHANIE M. MOON REYNOLDS, MMC
C FD P. MCCOY
City Clerk
Deputy eputy City Clerk
June 21, 2016
CECELIA T. WEBB, CMC
Assistant Depo(y C1[v Clerk
Paul C. Aughtry, III,
South Commonwealth Partners, LLC
c/o Windsor /Aughtry Company, Inc.
P. O. Box 16449
Greenville, South Carolina 29606 -7449
Dear Mr. Aughtry:
I am enclosing Ordinance No. 40565- 062016 authorizing the proper City officials to issue
and execute an Amendment No. 1 to the Performance Agreement Regarding Operation
Period Economic Development Grant among the City of Roanoke, the Economic
Development Authority of the City of Roanoke, Virginia, and South Commonwealth
Partners, LLC, that provides for grants not to exceed a total of $1,500,000 subject to certain
undertakings and obligations by the parties in connection with the development of certain
portions of property located at 25 Church Avenue, S.E., Roanoke, Virginia 24011 for the
construction and operation of a hotel; and authorizing the City Manager to take such actions
and execute such documents as may be necessary to provide for the implementation,
administration, and enforcement of such Amendment No. 1.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 20, 2016, and is in full force and effect upon its
passage.
Sincerely, t,
i "jt'i't. itrw4. t V1 , l0, '''1)J1 -tn i y�
Stephanie M. Moon Rey Ids, Mtv1C
City Clerk
Enclosure
A. Damon Williams, Chair, Economic Development Authority,618 Charing Cross
Drive, S. W., Roanoke, Virginia 24018
Harwell M. Darby, Jr., General Counsel, Economic Development Authority, Glenn,
Feldmann, Darby & Goodlatte, P. O. Box 2887, Roanoke, Virginia 24001 -2887
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Susan S. Lower, Director, Real Estate Valuation
Wayne F. Bowers, Director, Economic Development
Marc B. Nelson, Special Projects Coordinator, Economic Development
i .
IN THE COUNCIL OF THE, Cl fY OF ROANOKE, VIRGINIA
The 20th day of June, 2016.
No. 40565- 062016.
AN ORDINANCE authorizing the propor City officials to issue and execute an
Amendment No. I to the Performance Agreement Regarding Operation Period Economic
Development Grant (Original EDA Operation Grant Agreement) among the City of Roanoke
(City), the Economic Development Authority of the City of Roanoke, Virginia, (EDA), and
South Commonwealth Partners, LLC, (Amendment No. 1), that provides for grants not to exceed
a total of $1,500,000 subject to certain undertakings and obligations by the parties in connection
with the development of certain portions of property located at 25 Church Avenue, S.E.,
Roanoke, Virginia 24011 for the construction and operation of a hotel (Project); authorizing the
City Manager to take such actions and execute such documents as may be necessary to provide
for the implementation, administration, and enforcement of such Amendment No. 1; and
dispensing with the second reading of this Ordinance by title.
WHEREAS, South Commonwealth Partners, LLC, has diligently pursued construction of
the Project and is unable to satisfy certain requirements for completion of the Project in
accordance with the performance schedule set forth in the Original EDA Operation Grant
Agreement, all as set forth in the City Council Agenda Report dated ,June 20, 2016;
WHEREAS, South Commonwealth Partners, LLC has requested the Original FDA
Operation Grant Agreement be amended to provide South Commonwealth Partners, LLC with
deferral of certain obligations, which are outlined in Amendment No. 1, a copy of which is
attached to the above referenced Agenda Report;
0 - EDA Perrarmnnoe Agreement Amend 9 I 6 20 .16 (111A 6.19.16 Ina) doe
WHERP.AS, Amcndmenl No. 1 amends certain obligations of South Commonwealth
Partners, I,L.C, currently under the Original FDA Operation Grant Agreement that mro detailed in
the above refcrenccd Agenda Report; and
W]WREAS, the City and the EDA wish to encourage South Commonwealth Partners,
LLC, to complete the Project in order to enhance and promote economic development within the
City and the Roanoke Region.
"DIERERORE, 6E 1T ORDAINED by the Council ofthe City of Roanoke as follows:
1. City Council finds that the proposed Amendment No. 1 will encourage South
Commonwealth Partners, LLC to complete the Project in a timely manner and completion of the
Project will enhance and promote economic development within the City and the Roanoke
Region: City Council hereby approves the terms of Amendment No. I among the City, the EDA,
and South Commonwealth Partners, LLC, as set forth in the attachment to the City Council
Agenda Repot dated June 20, 2016, which provides for certain undertakings and obligations by
South Commonwealth Partners, LLC.
2. The City Manager is hereby authorized on behalf of the City to execute
Amendment No. 1 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 June 20, 2016,
Amendment No. I shall be substantially similar to the one attached to such Agenda Report and
in a form approved by the City Attorney. Such Amendment No. 1 will also be subject to the
approval of the EDA.
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 Amendment No. 1. Such other documents shall be in a form approved by
the City Attorney.
0 - EDA Performance Agreuneni Amend 01 6.20.16 (draft 6. Li. 16 1mc) doe 2
4. Pursuant to file provisions of §12 the City Charter, the sceond reading of this
Ordinarce by title is hereby dispensed with.
ATIEST:
City Clerk.
O - PDA Perfmmvnce Agreement Amend NI 620 .16 (drnR 6.15. I61mc).doo
aCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: Approval of Amendment No. 1 to Performance Agreement Regarding
Operation Period Economic Development Grant among the City of
Roanoke, Economic Development Authority of the City of Roanoke,
Virginia and South Commonwealth Partners, LLC, for Operation -
Related Activities Associated with Development at 25 Church Avenue,
S.E. (CM 16- 00091)
Background:
On December 18, 2013, the City of Roanoke (City), South Commonwealth Partners, LLC
(Developer), and the Economic Development Authority of the City of Roanoke, Virginia
(EDA) entered into a Performance Agreement Regarding Operation Period Economic
Development Grant (Original EDA Operation Grant Agreement), under which Developer
could apply for and receive up to six (6) annual grants, with a maximum amount of
$1,500,000.00, subject to certain terms and conditions in connection with the
development, construction and operation of a hotel with at least 123 rooms (but not
exceeding 130 rooms) (Hotel), along with the conveyance of certain air rights, property
rights, and easements more particularly described in a Deed of Certain Air Rights,
Deed of Condominium Units, and Deed of Easements, recorded in the Clerk's Office of
the Circuit Court of the City of Roanoke, Virginia as Instrument No. 130014480
(Deed).
Pursuant to terms outlined in the Original EDA Operation Grant Agreement, Developer
agreed to (i) complete construction of the Hotel and necessary structural
improvements to the Market Garage, (ii) obtain a permanent certificate of occupancy
for the Hotel, and (iii) spent or caused to have been spent at least $15,000,000.00 on
development of the Hotel, with at least $1,000,000.00 of that amount for items meant
to improve the Garage, as set forth in an Exhibit to the Original EDA Operation Grant
Agreement, by June 30, 2016. In the event that Developer failed to meet those
requirements, the maximum amount of the EDA Operation Grant funds for which the
Developer would be eligible would be reduced by $20,000.00 for each month, or any
part thereof, that Developer failed to satisfy such conditions.
Developer has diligently pursued construction of the Hotel and is unable to satisfy
certain requirements for completion of the Hotel in accordance with the performance
schedule set forth in the Original EDA Operation Grant Agreement. These delays are
attributable to the unique challenges of constructing a facility atop of an operating
public parking facility. As a result, Developer has requested the Original EDA Operation
Grant Agreement be amended to provide Developer with deferral of certain obligations,
which are outlined in Amendment No. 1 to Performance Agreement Regarding
Operation Period Economic Development Grant (Amendment No. 1), a copy of which is
attached to this report.
Considerations:
Amendment No. 1 amends certain obligations of Developer currently under the
Original EDA Operation Grant Agreement that include, but are not limited to, the
following:
1. Developer will complete the construction of the Hotel and necessary
Structural Improvements to the Market Garage, obtain a temporary certificate
of occupancy, and open the Facility to the public for business by June 30,
2016. In addition, by October 31, 2016, Developer will have obtained a
permanent certificate of occupancy for the Hotel and opened the Facility to
the public for business.
2. Developer will have spent or caused to have been spent at least
$15,000,000.00 on the development of the Facility (the "Minimum
Development Costs ") by October 31, 2016. The aggregate sum of such costs
must include the cost of items included in Exhibit C of the attached
Amendment No. 1.
3. The maximum amount of the EDA Operation Grant Funds for which Developer
is eligible will be reduced (i) by the sum of $20,000.00, each month, or any
part of any month thereof, after June 30, 2016, and through October 31,
2016, that Developer has not obtained a temporary certificate of occupancy
for the Hotel and opened the Hotel to the public for business; and (ii) in the
event that Developer fails to obtain a permanent certificate of occupancy for
the Hotel by October 31, 2016, by the sum of $20,000.00, each month, or
any part of any month thereof, for each month after the Developer has
obtained a temporary certificate of occupancy for the Facility and opened the
Facility to the public for business, through October 31 , 2016, and thereafter,
for any month, or any part of any month thereafter, until Developer obtains a
permanent certificate of occupancy and satisfies the conditions outlined in
Section 2(B)(ii) of Amendment No 1.
By way of example, assuming that Developer opens the Hotel to the public
for business on July 18, 2016 pursuant to a temporary certificate of
occupancy, the maximum amount of the EDA Operation Grant Funds will be
$1,480,000, assuming that Developer obtains a permanent certificate of
occupancy on or before October 31, 2016. If Developer does not obtain a
permanent certificate of occupancy until November 15, 2016, the maximum
amount of the EDA Operation Grant Funds will be $1,400,000.
4. Amendment No. 1 also provides that Developer may select, at its option, the
initial grant year as being either (i) July 1, 2016, through June 30, 2017; or
(ii) July 1, 2017, through June 30, 2018. Developer must make this election
by September 1, 2017.
5. In order to receive a grant in any particular Grant Year, Developer must show
that the City received a certain minimum amount in revenue from the
designated taxes as set forth in Amendment No. 1. If Developer selects the
period of July 1, 2016, through June 30, 2017 as the first Grant Year, this
minimum amount must be $180,000. For all other Grant Years the minimum
amount is $300,000 for each Grant Year.
Recommended Action:
Approve the terms of Amendment No. 1 among the City of Roanoke, Economic
Development Authority of the City of Roanoke, Virginia and South Commonwealth
Partners, LLC, as set forth in the attachment to this City Council Agenda Report.
Authorize the City Manager to execute such Amendment No. 1 among the City of
Roanoke, Economic Development Authority of the City of Roanoke, Virginia and South
Commonwealth Partners, LLC, 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 Amendment No. 1, with the
form of such Amendment No. 1, and other documents, to be approved by the City
Attorney.
'!VV 1 11TS
er P. Morrill
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Barbara A. Dameron, Director of Finance
Susan S. Lower, Director, Real Estate Valuation
Wayne F. Bowers, Director, Economic Development
Marc B. Nelson, Special Projects Coordinator, Economic Development
DRAFT DATE 06.13 1016
AMENDMENT NO. I
TO
PERFORMANCE AGREEMENT
REGARDING
OPERATION PERIOD ECONOMIC DEVELOPMENT GRANT
This Amendment No. 1 to Performance Agreement Regarding Operation Period Economic
Development Grant ( "Amendment No. P) is dated this day of June, 2016, by and among the City
of Roanoke, Virginia, a Virginia municipal corporation ( "City "), South Commonwealth Partners, LLC,
a South Carolina limited liability company authorized to transact 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 ( "EDA ").
RECITALS
WHEREAS, the City, Developer, and EDA have entered into a Performance Agreement
Regarding Operation Period Economic Development Grant dated December 18, 2013 (the "Original
EDA Operation Grant Agreement'), under which Developer may apply for and receive up to six (6)
annual grants, with the aggregate maximum amount of all grants to be $1,500,000.00, subject to the
terms and conditions of the Original EDA Operation Grant Agreement in connection with the
development, construction and operation of the Project, as defined and described in the Original EDA
Operation Grant Agreement;
WHEREAS, Developer has diligently pursued construction of the Project and is unable to
satisfy certain requirements for completion of the Project in accordance with the performance schedule
set forth in the Original EDA Operation Grant Agreement;
WHEREAS, Developer and the City are parties to a Performance Agreement for Hotel
Development, Construction, Operation, and Maintenance dated December 18, 2013 ( "Hotel
Performance Agreement'), and Developer has requested deferral of certain conditions set forth in the
Hotel Performance Agreement from the City and the City and Developer agree to defer certain
obligations of Developer under the Hotel Performance Agreement in accordance with the terms and
conditions of an Agreement for Deferral of Certain Performance Obligations dated June _, 2016 (the
"Deferral Agreement');
WHEREAS, Developer has requested that the Original EDA Operation Grant Agreement be
amended to provide Developer with deferral of certain obligations, consistent with the deferrals set
forth in the Deferral Agreement;
WHEREAS, the City and the EDA have determined that such amendments proposed by
Developer will allow the Project to be completed and such Project will promote economic
development within the City and within the Roanoke Region, and such Project will provide additional
tax revenue and services to benefit the citizens of the City and the Roanoke Region;
DRAFT DATE: 06.132016
WHEREAS, Section 28 of the Original EDA Operation Grant Agreement allows amendments
provided such amendments are in writing and executed by the parties; and
WHEREAS, the parties wish to amend the Original EDA Operation Grant Agreement as set
forth hereinafter.
NOW, THEREFORE, the parties in consideration of the promises and obligations contained in
the above Recitals, which Recitals are incorporated herein and made a part hereof, and as set forth
herein, mutually agree as follows:
SECTION 1. INTERPRETATION.
Capitalized terms used in this Amendment No. 1 and not defined herein, shall have the meaning
ascribed to such terms as set forth in the Original EDA Operation Grant Agreement.
SECTION 2. AMENDMENTS TO ORIGINAL EDA OPERATION GRANT AGREEMENT.
Developer, the City, and EDA agree to amend, and by this Amendment No. 1, do hereby amend the
Original EDA Operation Grant Agreement as follows:
1. Sections 2B and 2C of the Original EDA Grant Agreement are deleted in their entirety
and replaced with the following new Sections 2B and 2C:
B. i. By June 30, 2016, complete the construction of a Hampton
Inn & Suites Hotel with at least 123 rooms (and not more than 130
rooms) and necessary Structural Improvements to the Market Garage on
Church Avenue, as substantially shown in the Project Plans, obtain a
temporary certificate of occupancy, and open the Facility to the public
for business. Furthermore, by October 31, 2016, Developer shall
obtain a permanent certificate of occupancy for the Facility, satisfy all
other conditions of the Deferral Agreement, and the Facility will be open
to the public for business; or
ii. Developer (a) shall complete construction of the Facility, open the
Facility to the public for business; (b) shall have obtained a temporary
certificate of occupancy after June 30, 2016; and (c) shall have obtained
a permanent certificate of occupancy and shall satisfy all other conditions of the
Deferral Agreement, after October 31, 2016, and on or before June 30, 2017;
and, in such event, the maximum amount of the EDA Operation Grant Funds
shall be reduced in accordance with Section 3.F of this EDA Operation Grant
Agreement.
iii. Time is of the essence.
C. By October 31, 2016, Developer will have spent or caused to have been spent at
least $15,000,000.00 on the development of the Facility (the "Minimum
DRAFT DATE: 06.13 2016
Development Costs "). The aggregate sum of the Minimum Development Costs
shall include the cost of items shown on Exhibit C attached hereto and made a
part hereof. The FDA or the City may request, in writing, that Developer provide
sufficient documentation of the Minimum Development Costs and, if so,
Developer shall provide such documentation within 30 days of any such written
request.
II. Section 3 of the Original FDA Operation Grant Agreement is deleted in its
entirety and is replaced with the following new Section 3:
SECTION 3. EDA OPERATION GRANT.
Subject to the conditions as set forth in this EDA Operation Grant Agreement,
the EDA will provide certain grant funds, limited to those funds which are
received by the EDA from the City, as set forth below, to Developer, in order to
assist with the Structural Improvements to the Market Garage necessary to
support construction of the Project, as follows:
A. At the option of Developer, it may request a yearly EDA
Operation Grant for (i) the Grant Year starting as of July 1, 2016
or (ii) the Grant Year starting July 1, 2017, provided Developer
must submit a request to the EDA each year for such an EDA
Operation Grant and provide the FDA and the City sufficient
documentation as to Developer's compliance with this
Agreement. For purposes of this FDA Operation Grant
Agreement, a "Grant Year" means July 1 through June 30.
Developer shall notify the City and EDA, in writing, of
Developer's selection of the first Grant Year on or before
September 1, 2017.
B. Such EDA Operation Grant may be requested for a maximum period of
six (6) consecutive Grant Years, beginning with the first Grant Year
selected by Developer in accordance with Section 3 (A) above. The six
(6) year period shall continue to run whether or not an FDA Operation
Grant request is made for any particular Grant Year. All FDA Operation
Grant requests must be submitted to the FDA between the period of
September 1 and December 1, for the preceding Grant Year or no FDA
Operation Grant will be considered or given for that particular Grant
Year. For example, if Developer selects the first Grant Year to start on
July 1, 2016, and wants to make a request for the first Grant Yew of July
1, 2016, to June 30, 2017, Developer must do so between September 1,
2017, and December 1, 2017. Assuming Developer selects
July 1, 2016 — June 30, 2017 as the first Grant Year, the six (6)
consecutive years for which an EDA Operation Grant could be
requested would be July 1, 2016, through June 30, 2022. If Developer
selects July 1, 2017 to June 30, 2018, as the first Grant Year, the six (6)
DRAFT DATE: 06.13?016
consecutive years for which an FDA Operation Grant could be requested
would be July 1, 2017 through June 30, 2023. The City will cooperate
with Developer by providing public information relevant to tax revenues
received from the Property or the Project.
C. The amount of each EDA Operation Grant request shall only be for an
amount equal to 50% of the revenue amount actually received by the
City during the preceding Grant Year, subject to the limits set forth in
this EDA Operation Grant Agreement, that directly resulted from the
Property or the Project and that came from real estate taxes and any non-
dedicated transient occupancy taxes. Provided, however, any new or
existing local tax or increase in the rate of any of the aforementioned
taxes for the purpose of dedicating the incremental revenue, or any
change in the amount currently dedicated, for a specific project or
purpose shall be excluded from and not counted in the amount of tax
revenue resulting from the Property or Project. As of the date of this
EDA Operation Grant Agreement, the amount of non - dedicated revenue
for transient occupancy taxes is 7 cents for every dollar paid as a room
rate. In no event shall any FDA Operation Grant request be made or
granted if the above total revenue from the tax sources identified in this
paragraph for any Grant Year is less than the amounts as set forth in
sections C (1) and C (2) below.
The City acknowledges that industry practices and standards
prevent Developer from accepting reservations prior to the
Facility opening to the public for business. As such, in no event
shall any FDA Operation Grant request be made or granted for
Grant Year one, if Developer establishes Grant Yew one as the
period of July 1, 2016 to June 30, 2017, if the above total amount
of revenue from the applicable real estate taxes and non-
dedicated portion of the transient occupancy taxes for that
specific Grant Year is less than $180,000.00. If Developer
establishes Grant Year one as the period of July 1, 2017 to June
30, 2018, in no event shall any EDA Operation Grant request be
made or granted for Grant Year one of July 1, 2017 to Jane 30,
2018 if the above total amount of revenue from the applicable
real estate taxes and non- dedicated portion of the transient
occupancy taxes for that specific Grant Year is less than
$300,000.00.
2. In no event shall any EDA Operation Grant request be made or
granted for Grant Years two through six if the above total amount
of revenue from the applicable real estate taxes and the non-
dedicated portion of the transient occupancy taxes for that
specific Grant Year request is less than $300,000.00.
DRAFT DATE 06.132016
Furthermore, there shall be no carryover of any type from one Grant
Year to the next Grant Year for any tax revenues received and/or funds
from the prior Grant Year or Grant Years or for any purposes of
determining the amount of revenue for a Grant Year. Each Grant Year
shall be looked at separately to see if the requirements for an FDA
Operation Grant request have been satisfied.
D. Subject to the provisions of Section 3(F) below, the maximum amount of
all EDA Operation Grant funds Developer may receive under this EDA
Operation Grant Agreement shall in no event exceed the lesser of the
actual costs of Structural Improvements, verified by the Developer as set
forth in this EDA Operation Grant Agreement or $1,500,000. Once this
maximum amount is paid to Developer or the six (6) consecutive Grant
Years application periods have expired, whichever first occurs,
Developer may not make any further EDA Operation Grant requests and
no further EDA Operation Grant requests will be considered.
E. By way of example only, assuming Developer has complied with its
obligations under this EDA Operation Grant Agreement, the Facility
opens on August 1, 2016, and Developer establishes the period of July 1,
2017 to June 30, 2018 as Gram Year one, if Developer wants to
make an EDA Operation Grant request for the first Grant Year of July 1,
2017 -June 30, 2018, it must deliver such request to the EDA between
September 1, 2018 and December 1, 2018. Developer must show the
total amount of revenue the City actually received only from the
applicable real estate taxes and the non- dedicated portion of the transient
occupancy taxes referred to in this EDA Operation Grant Agreement for
the period of July 1, 2017, through June 30, 2018, amounted to over
$300,000.00.
Assuming the maximum amount of all EDA Operation Grant Funds is
$1,480,000.00 (as established pursuant to Section 3 F hereof), the
following examples show how the calculation would be made, with
additional examples modifying some of the assumptions:
1. This example would apply for each Grant Year:
Total applicable revenue received by the City - $310,000.00
Since this amount is over the required $300,000.00 minimum
required by the Agreement, Developer could request a grant
amount equal to 50% of the above amount of $310,000.00, which
would equal a $155,000.00 EDA Operation Grant request.
2. This example would apply for each Grant Year:
DRAFT DA 1'F: 06.13 2016
Total applicable revenue received by the City - $290,000.00
Since this amount is below the $300,000.00 minimum required
by the EDA Operation Grant Agreement, no FDA Operation
Grant request should be made and no EDA Operation Grant
request would be approved. However, this would be considered a
grant year of the total of six (6) Grant Years for which an EDA
Operation Grant request can be made.
By way of example only, assuming Developer has complied with its
obligations under this EDA Operation Grant Agreement, the Facility
opens on August 1, 2016, and Developer establishes the period of July 1,
2016 to June 30, 2017 as Grant Year one, if Developer wants to
make an EDA Operation Grant request for the first Grant Year of July 1,
2016 -June 30, 2017, it must deliver such request to the FDA between
September 1, 2017 and December 1, 2017. Developer must show the
total amount of revenue the City actually received only from the
applicable real estate taxes and the non - dedicated portion of the transient
occupancy taxes referred to in this EDA Operation Grant Agreement for
the period of July I, 2016, through June 30, 2017, amounted to over
$180,000.00.
3. This example would apply only to Grant Year one of July 1, 2016
to June 30, 2017:
Total applicable revenue received by the City - $190,000.00
Since this amount is over the required $180,000.00 minimum
required by this EDA Operation Grant Agreement, Developer
could request a grant amount equal to 50% of the above amount
of $190,000.00, which would equal a $95,000.00 EDA Operation
Grant request
4. This example would apply only to Grant Year one of July 1, 2016
to June 30, 2017:
Total applicable revenue received by the City - $175,000.00
Since this amount is below the $180,000.00 minimum required
by the EDA Operation Grant Agreement, no EDA Operation
Grant request should be made and no EDA Operation Grant
request would be approved. However, this would be considered a
grant year of the total of 6 years for which an EDA Operation
Grant request can be made.
DRAFT DATE: 06.132016
F. Notwithstanding any other provisions of this EDA Operation Grant
Agreement, the maximum amount of the EDA Operation Grant Funds
shall be reduced (i) by the sum of $20,000.00, each month, or any part
of any month thereof, after June 30, 2016, and through October 31, 2016,
that the Developer has not obtained a temporary certificate of
occupancy for the Facility and opened the Facility to the public for
business; and (ii) in the event that the Developer fails to obtain a
permanent certificate of occupancy for the Facility by October 31, 2016,
by the sum of $20,000.00, each month, or any part of any month thereof,
for each month after the Developer obtains a temporary certificate of
occupancy for the Facility and opens the Facility to the public for
business, through October 31, 2016, and thereafter, for any month, or
any part of any month thereafter, until the Developer obtains a
permanent certificate of occupancy and satisfies the conditions of
Section 2(B)(ii), all on or before June 30, 2017.
The following examples illustrate the implementation of this provision
assuming all conditions, other than conditions noted in the examples,
have been satisfied:
1. In the event that the Developer (a) obtains a temporary certificate
of occupancy for the Facility and opens the Facility to the public
for business on July 15, 2016, (b) has spent $1,500,000.00 or
more on Structural Improvements, (c) obtains a permanent
certificate of occupancy on or before October 31, 2016, and (d)
satisfies all other conditions of Section 2(B)(ii) hereof, including
satisfaction of all obligations under the Deferral Agreement, the
maximum amount of all FDA Operation Grant funds shall not
exceed $1,480,000.00.
2. Assume the same example as above except that the Developer
obtains a permanent certificate of occupancy on
November 15, 2016, then the maximum amount of all
EDA Operation Grant funds shall not exceed $1,400,000.00.
III. Exhibit D to the Original EDA Operation Grant Agreement is deleted in its entirety and
replaced with Exhibit D attached hereto and made a part hereof.
SECTION 3. EFFECT.
The Original EDA Operation Grant Agreement, as amended by this Amendment No. 1, constitutes the
entire agreement of the parties, enforceable in accordance with its Tenn. Except as amended by this
Amendment No. 1, the Original EDA Operation Grant Agreement remains in full force and effect in
accordance with its terms and conditions.
DRAFT DATE: 06.13 2016
SECTION 4. PAYMENT OF EDA'S FEES.
Developer shall pay all reasonable fees, costs, and expenses of EDA incurred by EDA in connection
with this Amendment No. I including attorney's fees, such attorney's fees shall not exceed $2,500.
EDA will submit statements for such costs and expenses including attorney's fees, to Developer and
Developer shall pay such invoices within 30 days after receipt of such invoice from Developer.
SECTION 5. AUTHORITY TO SIGN.
The persons who have executed this Amendment No. I on behalf of their respective parties represent
and warrant they are duly authorized to execute this Amendment No. I on behalf of their respective
entities.
SIGNATURES APPEAR ON FOLLOWING PAGES
DRAFT DATE: 06.132016
IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 by their authorized
representatives.
WITNESS:
Stephanie M. Moon Reynolds
City Clerk
WITNESS:
Name and Title
(SEAL)
WITNESS:
Braxton G. Naff, Secretary
Approved as to form:
City Attorney
Approved as to form:
EDA Attorney
Appropriations and funds required for this
Amendment No.I are subject to future
Appropriation.
Director of Finance
CITY OF ROANOKE, VIRGINIA
By:
Christopher P. Morrill, City Manager
SOUTH COMMONWEALTH PARTNERS, LLC
Name and Title
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF ROANOKE, VIRGINIA
By:
Allen Damon Williams, Chair
Approved as to Execution:
City Attorney
Approved as to Execution:
EDA Attorney
Authorized by Ordinance No.
{1'
Exhibit C to Performance Agreement Regarding Operation Period Economic Development
Grant Among City of Roanoke, Virginia; Economic Development Authority of the City of
Roanoke; and South Commonwealth Partners, LLC, dated December 18, 2013.
Total Construction and Related Development Expenses for Hampton Inn & Suites Hotel
(Facility) including Structural Improvements:
Building hard costs
$12,107,000
Landscaping
$20,000
Furniture, fixtures & equipment (FF &E)
$2,122,000
FF &E Design & Pumbasing fees to third party
$115,000
Initial inventories
$215,000
Preopening operations
$200,000
Architectural, engineering & testing
$502,000
Closing costs, recording fee, taxes, title insurance
$100,000
Franchise commitment fee
$75,300
Appraisal/market study
$25,000
Overhead & project expense
$100,000
Legal
$50,000
Lender's fees
$65,000
Construction loan interest
$600,000
Contingency and working capital
$715,000
TOTAL
517,011,300
DRAFT DATE: 06.13 2016
Exhibit D to
Performance Agreement Regarding Operation Period Economic Development Grant among the
City of Roanoke, Virginia
South Commonwealth Partners, LLC, and the Economic Development Authority of the City of
Roanoke, Virginia
EDA Operation Grant Request Form
This EDA Operation Grant Request is submitted pursuant to a certain Performance Agreement
Regarding Operation Period Economic Development Grant dated December 18, 2013, and as amended
(the "EDA Operation Grant Agreement "), by and among the City of Roanoke, Virginia, ( "City"),
South Commonwealth Partners, LLC, ( "Developer "), and the Economic Development Authority of the
City of Roanoke, Virginia, ( "EDA "). Terms defined herein shall have the same meanings ascribed to
such terms in the EDA Operation Grant Agreement.
The EDA Operation Grant Agreement provides that Developer shall perform and comply with certain
obligations as set forth in the EDA Operation Grant Agreement in order to qualify to receive and to
continue to receive an EDA Operation Grant for each Grant Year as set forth in such EDA Operation
Grant Agreement. Upon compliance with the provisions of the EDA Operation Grant Agreement,
Developer may make a request to the EDA for an EDA Operation Grant in accordance with the
procedures set forth in the EDA Operation Grant Agreement and subject to the terms and limitations
on the amount of such Grant as further set forth in the EDA Operation Grant Agreement. Furthermore,
Developer must supply sufficient documentation as required by the EDA Operation Grant Agreement
in order to document Developer's request and Developer's compliance with the EDA Operation Grant
Agreement. Each Grant Year is to be considered separately for compliance with the requirements for
an EDA Operation Grant Request.
Developer warrants and represents that it has complied with all the terms and conditions of the EDA
Operation Grant Agreement necessary for Developer to obtain EDA Operation Grant Funds from the
EDA, including, but not limited to, the applicable provisions of Section 2 of the EDA Operation Grant
Agreement.
Attached to this EDA Operation Grant Request form is the information Developer represents as being
sufficient to demonstrate that the City has been paid and has actually received the sum of
$ from the applicable revenue sources referred to in the EDA Operation Grant
Agreement from the Project for the prior Grant Year of July 1, , through June 30, , and
that such amount exceeds the sum of $300,000.00 [Note: the last part of this sentence referring to the
$300,000.00 amount will be applicable starting with the second Grant Year, as provided for in the
EDA Operation Grant Agreement, if Developer has established the first Grant Year as the period of
July 1, 2016 to June 30, 2017. For such first Grant Year the number would be $180,000] and that the
Developer has complied with all requirements of the EDA Operation Grant Agreement to qualify it to
receive this EDA Operation Grant. Accordingly, Developer hereby requests from the EDA an EDA
Operation Grant, as provided for in the EDA Operation Grant Agreement, in the amount of
$ , which is an amount that is allowed by the terms of such EDA Operation Grant
10
DRAFT DATE: 06.132016
Agreement and which is supported by the attached documentation as Attachment A to this EDA
Operation Grant Request. This EDA Operation Grant Request is for Grant Year No.
Amounts previously paid by the EDA to Developer in EDA Operation Grants total $ . Since
the maximum amount of all EDA Operation Grants that may be requested and /or provided for under
the FDA Operation Grant Agreement is $1,500,000.00(US), or, in the event the requirements of
Sections 2.131 and 31). of the EDA Operation Grant Agreement are not met, such lesser amount as
may be permitted under the EDA Operation Grant Agreement, the total remaining amount that
Developer may request by future EDA Operation Grant Requests is $
The EDA Operation Grant Agreement provides an FDA Operation Grant Request may be requested
for a maximum period of six (6) consecutive years, which shall begin and include, at Developer's
election made on or before September 1, 2017, either (i) the first Grant Year starting July 1, 2016 and
ending June 30, 2017; or (ii) the first Grant Year starting July 1, 2017 and ending June 30, 2018; and,
under either first Grant Year selected by Developer, the FDA Operation Grant being reduced by the
reduction formula set forth in Section 3 F of the EDA Operation Grant Agreement if the requirements
of Section 2.131 of the EDA Operation Grant Agreement are not met. Therefore, since this is EDA
Operation Grant Request No. for the Grant Year July 1, , through June 30,
there remain(s) consecutive years for which an FDA Operation Grant Request may be made
by Developer provided Developer complies with the terms and provisions of the EDA Operation Grant
Agreement. No EDA Operation Grant Request may be presented for the Grant Year July 1, 2021 -Jane
30, 2022, and must be submitted on or before December 1, 2022, if the first Grant Year selected by
Developer is the period July 1, 2016 to Jane 30, 2017. No EDA Operation Grant Request may be
presented for the Grant Year July 1, 2022 -June 30, 2023, and must be submitted on or before
December 1, 2023, if the first Grant Year selected by Developer is the period July 1, 2017 to June 30,
2018.
In the event of a conflict or difference between the terms of the EDA Operation Grant Agreement and
those contained in this FDA Operation Grant Request form, the terms and provisions of the EDA
Operation Grant Agreement shall control.
Developer respectfully requests that the EDA process this EDA Operation Grant Request through the
City and send copies to the City Manager and the City's Economic Development Administrator, in
accordance with the provisions of the EDA Operation Grant Agreement.
This EDA Operation Grant Request is dated
WITNESS: South Commonwealth Partners, LLC
En
Printed Name and Title
Printed Name and Title
11
DRAFT DATE_ 06.I3?016
Exhibit A to EDA Operation Grant Request Dated
[Attach verification of the expenditures for such items, and their related costs, referenced in Exhibit B
of the EDA Operation Grant Agreement, by submitting invoices, statements showing the cost of items,
a spreadsheet showing such expenses, and/or other documents and information reasonably acceptable
to the EDA and the City to document the expenditures incurred and as listed in Exhibit B of the EDA
Operation Grant Agreement]
12
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 40566 - 062016 amending and reordaining
Section 2 -121, Authority to transfer funds, of Article V, City Manager, of Chapter 2,
Administration, of the Code of the City of Roanoke (1979), as amended, to provide for
the authorization of the City Manager to transfer funds; effective July 1, 2016.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 20, 2016, and is in full force and effect upon its
effective date.
Sincerely,
"� -41 �v). )'AAWv (�nhn' Ll
Stephanie M. Moon Reynolds, 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
Stephen D. Poff, Chief Magistrate, Office of the Magistrate
Joey Klein, Law Librarian
Christopher R Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Amelia C. Merchant, Director, Department of Management and Budget
CITY OF ROANOKE
GO
OFFICE OF THE CITY CLERK
215 ChnreL Avenne, S. W., Room 456
Roanoke, Virginia 24011 -1536
'I0 p8onp: (54a)853 -2541
Fax: (540) 853 -1145
STLFIIANIE M. MOON REYNOLDS, MM('
E- ,nail: cicrk(,vnnnnkuvn.gnv
CECELIA F. MCCOY
City Clerk
Deputy City Clerk
CECELIA T. W EBB, CMC
June 22, 2016
As,k not Deputy Clg� Clerk
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 40566 - 062016 amending and reordaining
Section 2 -121, Authority to transfer funds, of Article V, City Manager, of Chapter 2,
Administration, of the Code of the City of Roanoke (1979), as amended, to provide for
the authorization of the City Manager to transfer funds; effective July 1, 2016.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 20, 2016, and is in full force and effect upon its
effective date.
Sincerely,
"� -41 �v). )'AAWv (�nhn' Ll
Stephanie M. Moon Reynolds, 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
Stephen D. Poff, Chief Magistrate, Office of the Magistrate
Joey Klein, Law Librarian
Christopher R Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Amelia C. Merchant, Director, Department of Management and Budget
IN TIIF. COUNCIL OF'I HE CITY OF ROANOKE, VIRGINIA
The. 20th day of Jnne, 2016.
No. 40566- 062016.
AN ORDINANCE amending and remdaining Section 2 -121, Authority to transfer
funds, of Article V, City Manager, of Chapter 2, Administration, of the Code of the City of
Roanoke (1979), as amended, to provide for the authorization of the City Manager to transfer
fiords; providing for an effective date; and dispensing with the second reading of this
ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that
Section 2 -121, Authority to transfer funds, of Article V, City Manager, 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:
§2 -121. Authority to transfer funds.
dollars .
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The city manager may make or cause to be made tr ansfers of any amount within or
between funds dining the fiscal year and after June 30 °i to ensure proper expenditure
repotting and budgetary controls for the prior fiscal year. Tile Director of finance shall
report to city council on a quarterly basis transfers in excess of $100,000 between
funds, as well as between project and program accounts in the capital project fund and
grant fund.
2. This Ordinance shall be in full force and effect on and after July 1, 2016.
Pursuant to § 12 of the Roanoke. ('ity C'hartcr, tile, second reading or this
ordinance by title is hereby dispensed will).
AT FS'I':
City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: Transfer of Funds (CM 16-00085)
Background:
City Council appropriates funds through the annual budget adoption ordinance
or through Council action during the fiscal year. For the General Fund, Internal
Service Funds, and Enterprise Funds, the budget is adopted by fund with
appropriations noted by department and division. The appropriation of funds to
the Capital Project Fund and Grant Fund is at the project level.
Transfers of funds are managed under established guidelines and require
specific approvals through a workflow process. City Code Section 2 - 121
provides that the City Manager may make or cause to be made transfers up to
$75,000 within or between several departments and divisions set forth by fund
in the annual appropriation ordinance, except during the period from April 1
through June 30 annually when the City Manager may make transfers in excess
of $75,000. The Director of Finance reports transfers on a quarterly basis.
Considerations
The current transfer authority was amended in November 2000 to a maximum
of $75,000. The current limit of $75,000 is no longer considered effective for
efficient administration of the budget.
Roanoke County and Salem currently allow fund transfers within funds with no
maximum limit as the transfers do not change the aggregate budget
appropriation.
The recommended action outlined below was approved by the Audit Committee
on June 8, 2016
Recommended Action:
Amend City Code Sec. 2 -121 to allow the transfer of funds in any amount
within and between funds.
The Director of Finance will report to City Council, on a quarterly basis,
transfers in excess of $100,000 between funds and between project /program
accounts in the Capital Project Fund and Grant Fund.
6kChristopher P. M rrill
City Manager
Distribution: Council Appointed Officers
Barbara A. Dameron, Director of Finance
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 ('lunch Avenw, S. W., Itoanl 456
Roanoke, Virginia 24011 -1536
'relcphoac: (541D851 -2541
lax: (5411)853 -1145
S 1111 IAN In Al. N1 OON It EYNO LI", A l 81( P:,tail: Oh, it rmuv, k -a.auc
('IA EIAA F. At( '('OA'
('ily ('ICrM Mr." ('II, ('It. k
June 21, 2016 CH ELIA r. WEnn.(81(
A,'ixlaal Deonry ('i" ('lark
Glenda Edwards Goh
Executive Director
Roanoke Redevelopment and Housing Authority
2624 Salem Turnpike, N. W.
Roanoke, Virginia 24017
Dear Ms. Goh:
I am enclosing copy of Resolution No. 40567- 062016 authorizing the City Manager to
submit an application to the Department of Housing and Urban Development's Choice
Neighborhoods Implementation Grant Program for an amount not to exceed
$30,000,000.00; and authorizing the City Manager to take additional actions in
connection with such application.
The abovementioned resolution was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 20, 2016.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Christopher Chittum, Director, Planning Building and Development
IN "I [IF C OUNCII. OF "PILE CI "I'Y OP ROANOKF, VIRGINIA
The 20th day of June, 2016.
No. 40567 - 062016.
A RESOLUTION authorizing the City Manager to submit an application to the
Department o£ Housing and Urban Development's Choice Neighborhoods
Implementation Grant Program for an amount not to exceed $30,000,000.00; and
authorizing the City Manager to take additional actions in connection with such
application.
WHEREAS, in 2016, the Department of Housing and Urban Development
( "HUD ") published a Notice of Funding Availability to interested parties, local
governments, and local housing authorities, identifying the timeline and procedures for
the development and receipt of applications to the Choice Neighborhoods
Implementation Grant Program ( "Program ");
WHEREAS, in October; 2012, the Roanoke Redevelopment and Housing
Authority (`RRHA ") received a HUD Choice Neighborhoods Initiative Planning Grant to
create a Transformation Plan for the Loudon - Metrose /Shenandoah West neighborhoods;
WHEREAS, the RRHA's Transformation Plan is the framework around which
the City of Roanoke's application to the Program has been developed;
WHEREAS, the guidelines for the Program require that the Program fund three
basic areas of improvement, as more fully set forth in the City Council Agenda Report
dated June 20, 2016; and
WHEREAS, there is a five percent (5 %) minimum threshold Funding match
requirement for the Program which may be met by cash or in -kind donations.
'I IIFRI7PORl:, BI; 1'f Rh:SOI.vIiD by the Cauucil of the City of Roanoke as
follows:
I. The City Council hereby authorizes the City Manager to submit an
apPlication for the Department of Housing and Urban Devclopmcnt's C'hoicc
Neighborhoods Implementation Grant Program for an nnxxmt not to exceed
$30,000,000.00, as more fully set forth in file City Council Agenda Report dated June 20,
2016.
2. The City Manager and the City Cleli< are hereby authorized to execute and
attest, respectively, for and on behalf of the City, any and all requisite documents in
connection with such application, such documents to be approved as to form by the City
Attorney, and to take any other actions to respond to any inquiries or provide
supplemental information.
ATTEST:
City Clerk k
R I IUD application Choice Neighborhoods grant program 2016. doc
2
aCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: Authorizing Request for Application to the Choice
Neighborhoods Implementation Grant Program
(CM 16- 00087)
Background:
The United States Department of Housing and Urban Development's (HUD)
place -based initiative to support the goal of neighborhood revitalization and
empowerment to residents living in those neighborhoods is the Choice
Neighborhoods Implementation Grant Program (Program). In March, HUD
published a Notice of Funding Availability to interested parties, local
governments, and local housing authorities identifying the time line and
procedures for the development and receipt of applications to the Program.
An implementation grant is intended to support those communities that have
undergone a comprehensive local planning process and are proposing to
implement their "Transformation Plan" to redevelop and revitalize a
neighborhood or neighborhoods. The individual grants are anticipated to be
awarded in increments not to exceed $30,000,000 each, subject to total
funding availability for Federal Fiscal Year 2016.
Eligible applicants are public housing authorities, local governments, for - profit
entities, non - profit entities and tribal entities. A unit of local government must
be either the Lead Applicant or the Co- Applicant in all applications. The City of
Roanoke, in conjunction with the Roanoke Redevelopment and Housing
Authority (RRHA) and the Council of Community Services (CCS) proposes to
submit an application to the Program for the Loudon - Melrose /Shenandoah West
area of the City. The City submitted a similar Choice Neighborhoods Grant
application to HUD for consideration in February, 2015, but was not selected
for funding.
Considerations:
In October, 2012, RRHA received a HUD Choice Neighborhoods Initiative
Planning Grant to bring together the many stakeholders in the Loudon -
Melrose /Shenandoah West neighborhoods and to leverage the variety of
existing resources in order to create a Transformation Plan to address many of
the negative influences that adversely affect the community and also to build
upon its assets. The Transformation Plan boundary encompasses the Loudon -
Melrose /Shenandoah West neighborhoods as defined in the City of Roanoke
Comprehensive Plan, Vision 2001 -2020. The focus of the Transformation Plan
is the overhaul of two public housing sites owned and operated by the RRHA -
Lansdowne Park (300 units) and Melrose Towers (212 units), construction or
rehabilitation of neighborhood housing, improvement of adjacent parks and
other public facilities and amenities, and enhancement of transportation
corridors. The Transformation Plan, which encompasses over 160 pages of
data, analysis, community goals and objectives, and a planning and
implementation framework was compiled and completed in October, 2014.
This Transformation Plan is the framework around which the City of Roanoke's
two applications to the Program has been developed.
The guidelines for the Program require that the Program fund three basic areas
of improvement. Up to fifteen percent (15 %) of Program funds are to be used
for community and economic development activities to enhance neighborhood
outcomes proposed in the Transformation Plan. Up to another fifteen percent
(15 %) of Program funds may be used for supportive services which include
activities and programs to promote upward mobility, self- sufficiency, and
improve quality of life of the residents in the Transformation Plan
neighborhoods. The remaining Program funds (no less than seventy percent
(70 %)) are to be used for improvements to housing stock, removal and
replacement of public housing, and other related housing programs within the
Transformation Plan neighborhoods.
There is a five percent (5 %) minimum threshold funding match requirement for
the Program. This match can be comprised of cash or in -kind donations.
Examples of such eligible matching contributions include the City's Community
Development Block Grant (CDBG) /HOME annual program which began
transitioning into the Transformation Plan neighborhoods in Fiscal Year 2016,
and the City's proposed renovation and expansion of the Melrose Library
anticipated in Fiscal Year 2018.
The application will also identify leveraged in -kind services from many
community organizations active in the Transformation Plan development
including, but not limited to, the Council of Community Services, Goodwill,
Total Action for Progress (TAP), United Way of Roanoke Valley, Carilion Clinic,
New Horizons Health Care, and Roanoke City Public Schools. The deadline for
submitting an application to the Program is June 28, 2016. It is anticipated that
HUD will make an announcement of funding awards in September, 2016. The
Program grant funds will expire on September 30, 2022.
Recommended Action:
Authorize the City Manager to execute and submit an application to the
Department of Housing and Urban Development's Choice Neighborhoods
Implementation Grant Program for an amount not to exceed $30 Million on or
before June 28, 2016.
Authorize the City Manager to take such further action and execute such
documents, approved as to form by the City Attorney, as necessary to submit
the above application and to furnish such additional information and /or
documents as may be required for such application.
- IW9" i
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community
Development
Barbara A. Dameron, Director of Finance
Chris Chittum, Director, Planning Building and Development
Glenda Edwards Goh, Executive Director, Roanoke Redevelopment
and Housing Authority
A.veivlunl Depitly Cily ('lark
Harwell M. Darby, Counsel
City of Roanoke Economic Development Authority
Glenn Feldmann Darby and Goodlatte
37 Campbell Avenue, S. W.
Roanoke, Virginia 24011
Dear Mr. Darby:
I am enclosing copy of Ordinance No. 40568- 062016 authorizing the proper City
officials to issue and execute an Amendment No. 2 to the Performance Agreement
dated July 1, 2012, as amended, among the City of Roanoke, the Economic
Development Authority of the City of Roanoke, Virginia (EDA), and Ivy View, Lt-C, that
provides for (a) the City and EDA to waive certain defaults in the Performance
Agreement, (b) Ivy View to apply for a grant for the grant year of July 1, 2015 through
June 30, 2016; and (c) the termination of the Performance Agreement under which
termination Ivy View will have no further rights thereunder; and authorizing the City
Manager to take such actions and execute such documents as may be necessary to
provide for the implementation, administration, and enforcement of such Amendment
No. 2.
The abovementioned measure was adopted by the Council of the City of Roanoke a
regular meeting held on Monday, June 20, 2016; and is in full force and effect upon its
passage.
Sincerely,
Stephanie M. Moon Reynold MMC
City Clerk
Enclosure
PC: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Wayne Bowers, Director, Economic Development
CITY OF ROANOKE
OFFICE OF T11E CITY CLERK
215 ('lumen Avenue, S. W., Room 456
Ro;mnke, Virginia 24011 -1536
'I'Aopknne: (54II) 853 -2541
Fav: (5411)853 -1145
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Harwell M. Darby, Counsel
City of Roanoke Economic Development Authority
Glenn Feldmann Darby and Goodlatte
37 Campbell Avenue, S. W.
Roanoke, Virginia 24011
Dear Mr. Darby:
I am enclosing copy of Ordinance No. 40568- 062016 authorizing the proper City
officials to issue and execute an Amendment No. 2 to the Performance Agreement
dated July 1, 2012, as amended, among the City of Roanoke, the Economic
Development Authority of the City of Roanoke, Virginia (EDA), and Ivy View, Lt-C, that
provides for (a) the City and EDA to waive certain defaults in the Performance
Agreement, (b) Ivy View to apply for a grant for the grant year of July 1, 2015 through
June 30, 2016; and (c) the termination of the Performance Agreement under which
termination Ivy View will have no further rights thereunder; and authorizing the City
Manager to take such actions and execute such documents as may be necessary to
provide for the implementation, administration, and enforcement of such Amendment
No. 2.
The abovementioned measure was adopted by the Council of the City of Roanoke a
regular meeting held on Monday, June 20, 2016; and is in full force and effect upon its
passage.
Sincerely,
Stephanie M. Moon Reynold MMC
City Clerk
Enclosure
PC: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Wayne Bowers, Director, Economic Development
IN 11 11; COUNCIL OF THE CITY OF ROANOICE, VIRGINIA
The 20th day of dune, 2016.
No. 40568 - 062016.
AN ORDINANCE authorizing the proper City officials to issue and execute an
Amendment No. 2 to !hc Performance Agreement dated .luly I, 2012, as amended (performance
Agreement) among the City of Roanoke (City), the Fconomic Development Authority of the
City of Roanokc, Virginia, (FDA), and Ivy View, LLC (Ivy View), (Amendment No. 2), that
provides for (a) the City and EDA to waive certain defaults in the Performance Agreement, (b)
Ivy View to apply for a grant for the grant year of Judy 1, 2015 through June 30, 2016; and (c)
the termination of the Performance Agreement under which termination Ivy View will have no
further rights thereunder; authorizing the City Manager to take such actions and execute such
documents as may be necessary to provide for the implementation, administration, and
enforcement of such Amendment No_ 2; and dispensing with the second reading of this
Ordinance by title.
WHEREAS, Ivy View, the City and the EDA entered into a Performance Agreement
dated July 1, 2012; pursuant to which Ivy View agreed to construct certain improvements and
undertake and perform certain obligations with respect to a retail development project originally
known as "Ivy Market' (Project) and which Project is comprised of several parcels of real
property located at the northwest corner of Wonju Street and Franklin Road, S.W., in Roanoke,
Virginia and identified as Official Tax Map No. 1272505 (currently used and occupied as a
Walgreens Drug Store); Official Tax Map No. 1272504 (currently an Ambulatory Specialty
Clinic); Official Tax Map No. 1150109 (currently owned and occupied for the construction and
development of a Mellow Mushroom restaurant); and Official Tax Map Nos. 1150106, 1150113,
1150112, 1150102, 1150104, and 1150108 (each of which parcels are vacant);
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WIIITFAS, Ivy View, the City, and the EDA amended the Perlormance Agreement
pursuant to Amendment No I dated February 20, 2014 to accommodate the request of Ivy View
to amend the development plans for Phase 1 of the Pmjcoat Site; rcducc the total amount of the
Grants available to Ivy View to an amount not to exceed $2,000,000.00; and establish additional
performance standards and conditions upon Ivy View; all in accordance with the terms,
conditions, and obligations of Amendment No. 1 to Performance Agreement dated July 1, 2012,
by and among the City of Roanoke, Virginia, Ivy View, LLC, and the Economic Development
Authority of the City of Roanoke, Virginia, (Amendment No. 1);
WHEREAS, prusuant to the terms of the Performance Agreement, as amended, Ivy View
was required, (i) on or before December 31, 2015, to have the Ambulatory Specialty Clinic, as
defined and described in the Performance Agreement, as amended, open to the public for
business; and (ii) on or before .July 1, 2016, to (a) develop or cause to be developed a restaurant
or other commercial development containing at least 25,000 square feet of space; and (b) expend
at least $3,000,000 in infrastructure improvements for Phase 2;
WHEREAS, Ivy View has satisfied the requirements to have the Ambulatory Specialty
Clinic open for business by December 31, 2015, and expend the sum of at least $3,000,000 for
infrastructure improvements in Phase 2, but has not satisfied the requirement to have at least
25,000 square feet of space for restaurant or other commercial use available by July 1, 2016 (the
restaurant under construction in Phase 2 contains approximately 6,100 square feet of space and
will not be completed and open for business by July 1, 2016);
WHEREAS, ivy View has determined that Ivy View should market and sell the Project
to another developer and Ivy View has entered into an agreement to sell the Project to Harbour
Retail Partners Management, LLC and Harbour Retail Partners Management, LLC plans to
assign this agreement to its special purpose entity, HRP Ivy View LLC;
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WHEREAS, based upon the substantial infrastructure improvements made in Phase 2,
together with the (level opulent and operation of the Ambulatory Specichy Clinic and the
construction of the restaurant, Ivy View has requested the City and FDA to waive the condition
of Section 2 C of the performance Agreement, as amended, to allow Ivy View to apply for one
(1) additional Grant for the Grant Year of July 1, 2015, through June 30, 2016 and terminate the
Performance Agreement, as amended, effective on .little 30, 2016, and the City and the ETA are
willing to allow Ivy View to seek one (1) additional Grant for the Grant Year of July 1, 2015
through June 30, 2016, in accordance with this Amendment No. 2; and
WHEREAS, the City mud the EDA wish to encourage Ivy View, LLC, and HRP Ivy
View, LLC, to complete the Project in order to enhance and promote economic development
within the City and the Roanoke Region,
THEREFORE„ BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. City Council finds that the proposed Amendment No. 2 will encourage Ivy View,
LLC, Harbour Retail Partners Management, LLC, and its special put-pose entity, HRP Ivy View,
LLC to complete the Project in a timely manner and completion of the Project will enhance and
promote economic development within the City and the Roanoke Region. City Council hereby
approves the terms of Amendment No. 2 among the City, the EDA, and Ivy View, LLC, as set
forth in the attachment to the City Council Agenda Report dated June 20, 2016, which provides
for certain undertakings and obligations by Ivy View, LLC.
2. The City Manager is hereby authorized on behalf of the City to execute
Amendment No. 2 among the City, the EDA, and Ivy View, LLC, upon certain terms and
conditions as set forth in the City Council Agenda Report dated June 20, 2016. The Amendment
No. 2 shall be substantially similar to the one attached to such Agenda Report and in a form
0- EDA PeaunnmicuAm'ineul Ancona u2620J ( +( @intl<'Icun.A�uE�F.F#Rorf,a, gee- hwvw ,nwMvbxe»dz;i?Hi4+(d,albWi.Ja 3
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approved by the Cily Monkey. Such Anneulmcnl No 2 will also be subject to the approval of
the IiDA,
3. The City manager is further authorized to tal <e such actions and execute such
documents as may be necessary to provide for the implementation, administration, and
enforcement of such Amendment No, 2. Such other documents ,shall he in a lilim approved by
the City Attorney.
4. Pursuant to the provisions of §12 the City Charter, the second reading of this
Ordinance by title is hereby dispensed with.
ATTEST:
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CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: Amendment No. 2 to Ivy View, LLC Performance Agreement
Background:
In July, 2012 City Council and the Economic Development Authority of the City
of Roanoke, Virginia (EDA) approved a performance agreement with Ivy View,
LLC (Ivy View) related to the continued development and construction of a
shopping center at the corner of Franklin Road and Wonju Street originally
known as "Ivy Market" (Project) (Performance Agreement). This Performance
Agreement approved by the City Council, by Ordinance No. 39408- 060412,
replaced an original performance agreement between the City, EDA, and the
predecessor developer, IMD Investment Group, LLC, and as that original
performance agreement was amended. The Performance Agreement with Ivy
View required that a vacated Ukrop's Super Market building be utilized by
having a new use containing at least 50% retail space by July 1, 2014, and that a
second phase of the project containing at least 35,000 square feet of
commercial space be completed by July 1, 2015.
Ivy View, the City and the EDA amended the Performance Agreement pursuant
to Amendment No. 1, dated February, 26, 2014, approved by the City Council
by Ordinance No. 39860- 021814, adopted February 18, 2014.. Amendment
No. 1 provided for a reduction in total grants available to Ivy View from an
amount not to exceed $5,500,000 to an amount not to exceed $2,000,000, and
also modified performance standards and conditions upon Ivy View, including
permitting the use of the former Ukrop's Supermarket Store as an ambulatory
specialty clinic operated by Carilion Clinic (to be opened to the public by
December 31, 2015); reducing the total amount of new aggregate commercial
square footage to be built on the remaining sites of the property, commonly
known as Phase 2, to 25,000 square feet (such square footage to be open to
the public on or before July 1 , 2016); and requiring Ivy View to expend at least
$3,000,000 in site infrastructure improvements in Phase 2 of the project. In
addition, Amendment No. 1 also modified the terms, conditions, and amounts
of annual grants to be received by Ivy View over the remaining six years of the
Performance Agreement, as amended.
Considerations
Ivy View satisfied the requirements of Amendment No. 1 regarding the opening
of the ambulatory specialty clinic by December 31, 2015, and the expenditure
of at least $3,000,000 for site infrastructure improvements in Phase 2, but has
not satisfied the requirement to have at least 25,000 square feet of commercial
space built and open to the public for use by July 1, 2016. A restaurant under
construction currently in Phase 2 comprises approximately 6,100 square feet of
space. Ivy View has determined that it should market and sell the Project to
another developer, and Ivy View has entered into an agreement to sell the
Project to Harbour Retail Partners Management, LLC (Purchaser). The Purchaser
anticipates assigning its rights to a special purpose entity, HRP Ivy View, LLC.
In anticipation of this transfer of the Project to another developer, Ivy View has
requested the City and the EDA to waive the condition in Section 2 C of the
Performance Agreement, as amended, that requires construction of at least
25,000 square feet of commercial space by July 1, 2016, to allow Ivy View to
apply for one additional grant for the current Grant Year of July 1, 2015
through June 30, 2016, and to terminate the Performance Agreement, as
amended, effective on June 30, 2016; all as proposed in Amendment No. 2.
Upon termination of the Performance Agreement, Ivy View would have no
further rights under the Performance Agreement, as amended. Ivy View will
provide written verification that the expenditure of at least $3,000,000 for site
infrastructure has occurred.
Amendment No. 2 is subject to approval by the EDA.
Recommended Action:
Approve the terms of the Proposed Amendment No. 2 to the Performance
Agreement by and between the City, the EDA, and Ivy View, LLC, as set forth in
the attachment to this letter, and determine that such Amendment No. 2 will
promote economic development within the City. Authorize the City Manager to
execute such proposed Amendment No. 2, substantially similar to the one
attached to this letter, and to execute such other documents and to take such
further actions as may be necessary to implement, administer, and enforce such
Amendment No. 2. Such Amendment No. 2, and such other documents referred
to above, are to be approved as to form by the City Attorney.
Mo
City Manager
Attachment
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community
Development
Barbara A. Dameron, Director of Finance
Wayne Bowers, Director of Economic Development
Damon Williams, Chairman, City of Roanoke Economic
Development Authority
Harwell M. Darby, Counsel, City of Roanoke Economic
Development Authority
Draft Date: 06.20.2016 (v.5)
AMENDMENT NO.2 TO PERFORMANCE AGREEMENT
DATED JULY I. 2012 BY AND AMONG
THE CITY OF ROANOKE, VIRGINIA,
IVY VIEW, LLC, AND
THE ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF ROANOKE, VIRGINIA
This Amendment No. 2 to the Performance Agreement is made this day of June,
2016, by and among the City of Roanoke, Virginia, a municipal corporation organized and
existing under the laws of the Commonwealth of Virginia ( "City "), Ivy View, LLC, a limited
liability company organized and existing under the laws of the Commonwealth of Virginia ( "Ivy
View "), 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 ( "EDA ").
RECITALS
WHEREAS, Ivy View, the City, and the EDA entered into a Performance Agreement
dated July 1, 2012, (`Performance Agreement ") pursuant to which Ivy View agreed to construct
certain improvements and undertake and perform certain obligations with respect to a retail
development project originally known as "Ivy Market' and which project is comprised of several
parcels of real property located at the northwest comer of Wonju Street and Franklin Road, S.W.,
in Roanoke, Virginia and identified as Official Tax Map No. 1272505 (currently used and
occupied as a Walgreens Drug Store); Official Tax Map No. 1272504 (currently an Ambulatory
Specialty Clinic owned by Carilion Health Services or an affiliate)); Official Tax Map No.
1150109 (currently owned and occupied for the construction and development of a Mellow
Mushroom restaurant) (collectively, the "Developed Parcels "); and Official Tax Map Nos.
1150106, 1150113, 1150112, 1150102, 1150104, and 1150108 (each of which parcels are
vacant and are referred to as the `Property "), (the Developed Parcels and the Property are
collectively referred to as the`Project" or "Project Site');
WHEREAS, Ivy View, the City, and the EDA amended the Performance Agreement
pursuant to Amendment No. 1 dated February 26, 2014 to accommodate the request of Ivy View
to amend the development plans for Phase I of the Project Site; reduce the total amount of the
Grants available to Ivy View to an amount not to exceed $2,000,000.00 (Ivy View acknowledged
that the actual total amount of the Grants available to Ivy View under the Performance
Agreement, as amended, would be less than 52,000,000.00 because Ivy View had received the
Grant in the amount of approximately $111,744.00 for the first grant year); and establish
additional performance standards and conditions upon Ivy View; all in accordance with the
terms, conditions, and obligations of this Amendment No. 1 to Performance Agreement dated
July I, 2012, by and among the City of Roanoke, Virginia, Ivy View, LLC, and the Economic
Development Authority of the City of Roanoke, Virginia, (Amendment No. 1);
WHEREAS, pursuant to the terns of the Performance Agreement, as amended, Ivy View
was required, (i) on or before December 31, 2015, to have the Ambulatory Specialty Clinic, as
Draft Date: 06.20.2016 (v.5)
defined and described in the Performance Agreement, as amended, open to the public for
business; and (ii) on or before July 1, 2016, to (a) develop or cause to be developed a restaurant
or other commercial development containing at least 25,000 square feet of space; and (b) expend
at least 53,000,000 in infrastructure improvements for Phase 2;
WHEREAS, Ivy View has satisfied the requirements to have the Ambulatory Specialty
Clinic open for business by December 31, 2015, and expend the sum of at least $3,000,000 for
infrastructure improvements- in Phase 2, but has not satisfied the requirement to have at least
25,000 square feet of space for restaurant or other commercial use available by July 1, 2016 (the
restaurant under construction in Phase 2 contains approximately 6,100 square feet of space and
will not be completed and open for business by July 1, 2016);
WHEREAS, Ivy View has determined that Ivy View should market and sell the Property
to another developer and Ivy View has entered into an agreement to sell the Property and rights
in the Project to Harbour Retail Partners Management, LLC, a Delaware limited liability
company qualified to transact business in the Commonwealth of Virginia ( "Purchaser'); and
WHEREAS, based upon the substantial infrastructure improvements made in Phase 2,
together with the development and operation of the Ambulatory Specialty Clinic and the
construction of the restaurant, Ivy View has requested the City and EDA to waive the condition
of Section 2 (C) of the Performance Agreement, as amended, to allow Ivy View to apply for one
additional grant for the Grant Year of July 1, 2015, through June 30, 2016 and terminate the
Performance Agreement, as amended, effective on June 30, 2016, and the City and the EDA are
willing to allow Ivy View to seek one (l) additional Grant for the Grant Year of July I, 2015
through June 30, 2016 in accordance with this Amendment No. 2.
THEREFORE, Ivy View, the City and the EDA agree that the above Recitals arc hereby
incorporated and made a part of this Amendment No. 2 and also in consideration of the promises
and obligations contained herein, the sufficiency of which are hereby acknowledged, Ivy View,
the City, and the EDA mutually agree to amend the Performance Agreement in accordance with
the Amendment No. 2 as follows:
SECTION 1. TERMINATION OF PERFORMANCE AGREEMENT
The Performance Agreement, as amended, shall terminate effective on June 30, 2016, at 11:59
p.m. and shall be of no further force or effect except as provided in this Amendment No. 2. This
termination includes, without limitation, termination of any and all rights of Ivy View to seek,
apply, request or receive any Grant Funds for any Grant Year after the Grant Year of July 1,
2015 through June 30, 2016 (Final Grant Year). Ivy View acknowledges, agrees, and confirms
that, except for the right to request a Grant for the Final Grant Year, Ivy View has no further
rights under the Performance Agreement, as amended. Ivy View acknowledges, agrees, and
confirms that, upon termination of the Performance Agreement, as amended, Ivy View has no
right, interest, or benefit other than to apply for a grant for the Final Grant Year in accordance
with this Amendment No. 2.
Draft Date: 06.20.2016 (v.5)
SECTION 2. GRANT REQUEST FOR FINAL GRANT YEAR; WAIVER OF
CONDITION.
The City and FDA hereby waive satisfaction of the condition set forth in Section 2 (C) of the
Performance Agreement, as amended, based upon the satisfaction of the other conditions set
forth in Section 2 of the Performance Agreement, as amended, and the termination of the
Performance Agreement, as amended. Based upon this waiver, Ivy View may request a Grant for
the Final Grant Year on or before December 1, 2016, TIME BEING OF THE ESSENCE, limited
to the amount and conditions set forth in the Performance Agreement, as amended by
Amendment No. I. other than the condition set forth in Section 2 (C). The City and EDA also
waive the requirement of Ivy View to provide the report and documentation of compliance with
the conditions of the Performance Agreement set forth in Section 7 of the Performance
Agreement, as amended, that is due on June 30, 2016, other than written confirmation that Ivy
View satisfied the requirement that at least S3,000,000 has been expended on infrastructure
improvements in accordance with Section 2 (D) of the Performance Agreement, as amended. Ivy
View acknowledges, agrees and confirms that the rights of the City and FDA to audit and inspect
the books and records of Ivy View survive the termination of the Performance Agreement, as
amended.
SECTION 3. SURVIVAL OF INDEMNITY OBLIGATIONS.
The indemnity obligations of Ivy View as set forth in Section 16 of the Performance Agreement,
as amended, shall survive the termination of the Performance Agreement, as amended.
SECTION 4. REPRESENTATIONS OF IVY VIEW.
Ivy View warrants and represents to the City and FDA that (i) Ivy View is the sole holder of the
Performance Agreement, as amended; (ii) except for the agreement with the Purchaser, Ivy View
has not assigned, transferred, pledged, or sold any right, title or interest of Ivy View in the
Performance Agreement, as amended, to any other party; and (iii) Ivy View has the full right,
power, and authority to execute, deliver, and perform this Amendment No. 2. Ivy View shall, at
its sole cost and expense, obtain the acknowledgement and consent of Purchaser that the
Performance Agreement, as amended, is terminated and Purchaser has no right, title, or interest
in the Performance Agreement, as amended.
SECTION 5. BINDING EFFECT.
This Amendment No. 2 is made pursuant to, and in accordance with, Section 27 of the
Performance Agreement, as amended, and is binding upon the parties hereto in accordance with
its terms. In the event of a conflict between this Amendment No. 2 and the Performance
Agreement, as amended, the terms of this Amendment No. 2 shall control.
SECTION 6. APPLICABLE LAW.
This Amendment No. 2 shall be construed and interpreted in accordance with the laws of the
Commonwealth of Virginia.
Draft Date: 06.20.2016 (v.5)
IN WITNESS WHEREOF, Ivy View, the City, and the EDA have executed this Amendment No.
2 by their authorized representatives.
WITNESS:
Stephanie M. Moon Reynolds
City Clerk
(SEAL)
WITNESS:
Braxton G. Naff, Secretary
WITNESS:
Printed Name and Title
CITY OF ROANOKE, VIRGINIA
By
Christopher P. Morrill, City Manager
ECONOMIC DEVELOPMENT AUTHORITY OF
THE CITY OF ROANOKE. VIRGINIA
By:
Allen Damon Williams, Chair
IVY VIEW. LLC
Andrew B. Agee, Member
Draft Date: 06.20.2016 (v.5)
Acknowledgement and Consent of Harbour Retail Partners Management, LLC.
Harbour Retail Partners Management, LLC, a Delaware limited liability company,
acknowledges, confirms and agrees that the Performance Agreement, as amended, is terminated
pursuant to the provisions of this Amendment No. 2. Harbour Retail Partners Management, LLC,
further acknowledges, confirms, and agrees that it, and its successors and assigns, have no right,
title or interest in the Performance Agreement, as amended.
HARBOUR RETAIL PARTNERS MANAGEMENT, LLC
By:
Witness Name:
Print Name: Title:
Draft Date: 06.20.2016 (v.5)
Approved as to Form: Approved as to Execution:
City Attorney City Attorney
Approved as to Fonn Approved as to Execution
Counsel for EDA Counsel for EDA
Appropriation and funds required for this Agreement are subject to future appropriation.
Director of Finance
Date Acct#
Amendment No. 2 authorized by Ordinance No.
rY
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avennc, S. W., Raam 456
RavJoke, Virginia 24011 -1536
'fcicpLOnc: (541) X514541
Fan; (541)853 -1145
SI'I(I'l1ANllf AI. MOON I21:1N(Il.n.ti, AI01 ('
Email Clerk(aro:moke'a.Rm ('1'.('FLIAF.NI((0) '
('iry ('lerk
Ilepnly ('ily ('lark
June 21, 2016 ('k:('FLIA'1. WEBB,(M(
AWshiil Depmv Cllr Clerk
Harwell M. Darby, Counsel
City of Roanoke Economic Development Authority
Glenn Feldmann Darby and Goodlatte
37 Campbell Avenue, S. W.
Roanoke, Virginia 24011
Dear Mr. Darby:
1 am enclosing copy of Ordinance No. 40569- 062016 authorizing the proper City
officials to execute a Performance Agreement among the City of Roanoke, the
Economic Development Authority of the City of Roanoke, Virginia (EDA), and HRP Ivy
View, LLC, a special purpose entity to be formed by Harbour Retail Partners
Management, LLC that provides for certain undertakings by the parties in connection
with the continued development of certain property located at the northwest corner of
Franklin Road and Wonju Street, S. W., in the City of Roanoke; and authorizing the City
Manager to take such actions and execute such documents as may be necessary to
provide for the implementation, administration, and enforcement of such Performance
Agreement.
The abovementioned measure was adopted by the Council of the City of Roanoke a
regular meeting held on Monday, June 20, 2016; and is in full force and effect upon its
passage.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Wayne Bowers, Director, Economic Development
IN "fl Ili C'OUNC'IL OF "I'IIF ('I'I'Y OP ROANOI<l ;, VIRGINIA
'tile 10th day of June, 2016.
No. 40569 - 062016.
AN ORDINANCF. aulhnriaing the proper ('ity officials to exceufe it PCrlhrmunce
Agreement among the ('ity of Roanoke (City), the FCminmlC Development Authority of the ('ity
of Roanoke, Virginia, (FDA), and HRP Ivy View, LLC', (IIRP Ivy View), it special purpose
entity Io be formed by Harbour Rctail Partners Management, LLC that provides fill certain
undeltakings by the parties in connection with the continued development of certain property
located at the northwest corner of Franklin Road and Wonju Street, SW, in the City of Roanoke
(Project); authorizing the City Manager to take such actions and execute such documents as may
be necessary to provide for the implementation, administration, and enforcement of such
Perfonn[mce Agreement; and dispensing with the second reading of this Ordinance by title.
WHEREAS, Harbour Retail Partners Management LLC has proposed the continued
development of certain property located at the northwest corucr of Franklin Road and Wonju
Street, SW and Harbour Retail Partners Management LLC has entered into an agreement to
purchase the Project from Ivy View, LLC, and Harbour Retail Partner's Management LLC will
form HRP Ivy View, as a Delaware limited liability company qualified to transact business in the
Commonwealth of Virginia, and assign its rights under the agreement will' Ivy View, LLC to
HRP Ivy View;
WHEREAS, such continued development of the site will require significant infiastructure
cost and other costs for the continued development of the Project in order to attract high quality
retail activity;
WHEREAS, Harbour Retail Partner Management LLC has requested all armual
economic development grant through the EDA to assist in the unusual expense for continued
development of the Project for HRP Ivy View;
0- Petlomiance vgmen¢m -Ivy Viav -HRP Ivy View 6.]0J6a!tW)- .MCdoc
WIIERFAS, City stall has advised Council that such project will henefil economic
development within the Only and the Roanoke Rcgiou; end
WIIE.REAS, the City and the FDA wish to encourage IIRP Ivy View to complete the
Project in ardor to enhance end promote economic development within the City zinc] the Roanoke
Region.
"I'1 IEREFORE, 13E IT ORDAINED by the Council of the City of Roanoke as follows:
City Council hereby approves the terns of the Pei hmnance Agreement among the
City, the EDA, and IIRP Ivy View, as set forlh in the attachment to the City Council Agenda
Report dated Junc 20, 2010, which pmvidcs fix certain undertakings and obligations by HRP Ivy
View, as well as certain undertakings by the City and the EDA. City Council further finds that
the annual economic development grant provided for by the Performance Agreement will
promote economic development within the City and the Roanoke Region 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
Performance Agreement among the City, the EDA, and HRP Ivy View, upon certain terns and
conditions as set forth in the above referenced Agenda Report. The Performance Agreement
shall be substantially similar to the one attached to such Agenda Report and in a fonm approved
by the City Attorney.
3. The City Manager is finther authorized to take such actions and execute such
documents as may be necessary to provide for the implementation, administration, and
enforcement of such Perfonmance Agreement.
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o CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: Performance Agreement between the City of Roanoke, City of
Roanoke Economic Development Authority, and HRP Ivy View,
LLC as assignee of Harbour Retail Partners Management, LLC,
for the Continued Development of the Ivy Market Project
Background
The City, IMD Investment Group, LLC (IMD), and the Economic Development
Authority of the City of Roanoke, Virginia (EDA), entered into a Performance
Agreement (Original Agreement) dated November 18, 2004, and subsequently
five amendments dated November 14, 2006, September 18, 2007, June 18,
2008, November 20, 2008, and May S, 2009, regarding the development of
certain property on the corner of Wonju Street and Franklin Road, SW, in what is
called the Ivy Market shopping center. The Original Agreement was designed to
assist in the provision of significant site stormwater and parking infrastructure
that would enable the vacant and flood -prone site to be developed into a
shopping center.
Ivy Market was envisioned to be constructed in two phases. The first phase
contained significant underground infrastructure conveying a tributary of the
Roanoke River through the site; a Ukrop's Super Market and associated
structured parking which opened in June, 2007; and a Walgreen's Drug Store
which was opened in August, 2009. Upon the opening of the Ukrop's store, the
City, through the EDA, provided economic development grants to IMD pursuant
to the Agreement based on certain tax revenues actually received by the City
from the development and operation of the Ivy Market shopping center. The
Original Agreement authorized a total of 1 S grant years and a maximum
amount of $9 Million in total grants to be made based on amounts related to
designated revenue from the development received by the City, provided that
both phases of the proposed Ivy Market Shopping Center were completed.
Grant years commenced with the opening of the Ukrop's store in 2007.
However, the proposed second phase of the development was not initiated by
IMD in 2009 as required by the Original Agreement, as amended. Further, in
October, 2009, the Ukrop's Super Market closed, and in June, 2010, Valley Bank
foreclosed on the Ivy Market property and an auction was subsequently held. In
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PERFORMANCE AGREEMENT
This Performance Agreement (Agreement) is dated July 1, 2016, by and among the
City of Roanoke, Virginia, a municipal corporation (City), IIRP Ivy View, LLC, a a
Delaware Limited Liability Company qualified to transact business within 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 (EDA).
RECITALS
WHEREAS, DEVELOPER is the successor developer of a retail project known as "Ivy
Market;' which is comprised of certain properties located at the northwest corner of
Wonju Street and Franklin Road, S.W. consisting of tax map numbers 1272505
(currently containing a Walgreens Drug Store); 1272504 (currently containing a
medical office facility and parking structure); and tax map numbers 1150106,
1150108, 1150113, 1150112, 1150102, and 1150104, which are vacant; and
1150109 which contains a restaurant facility currently under construction, as more
particularly described in Exhibit 1 which is attached hereto and made a part hereof
and is referred to as the "Project';
WHEREAS, Harbour Retail Partners Management LLC, a Delaware limited liability
company ( "Purchaser ") has entered into an agreement to acquire a portion of the
Project, specifically tax map numbers 1150106, 1150108, 1150113,
1150112,1150102, 1150104, and 1150109 (collectively, the "Property ") from Ivy
View, LLC, a Virginia limited liability company ('Ivy View ") and Purchaser has
formed DEVELOPER as a special purpose entity of Purchaser to acquire the
Property;
WHEREAS, Ivy View, the City, and EDA entered into a Performance Agreement dated
July 1, 2012, as amended (the "Ivy View Performance Agreement");
WHEREAS, DEVELOPER has advised the City and the EDA that DEVELOPER will
complete the Project with the construction of certain actively operating retail
facilities and structures open to the public on currently vacant parcels, referred to
as the "Facilities;"
WHEREAS, the City recognizes that the previous phases of the Project required
private investment in site development and stormwater infrastructure of over
$6,000,000, and completion of the Project will require additional costs for site
development infrastructure in order to maximize the Project's development
potential and tax base generation;
WHEREAS, DEVELOPER has requested an annual economic development grant
through the EDA to assist in the unusual site development expenses that have
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already been incurred, or will be incurred, by DEVELOPER as the successor
developer of the Project;
WHEREAS, the City and the EDA desire that the Project proceed to completion, and
have determined that such Project will promote economic development within the
City and within the Roanoke Valley. Such Project will provide additional tax
revenue, jobs, and services that will be available to and will benefit the citizens of
the City and the Roanoke Valley;
WHEREAS, DEVELOPER agrees that (i) the Ivy View Performance Agreement has
been or will be terminated as described in this Agreement; and (ii) DEVELOPER
shall have no rights, interest, title, or benefits under the Ivy View Performance
Agreement;
WHEREAS, the EDA, based on the proposed undertakings of DEVELOPER, has
determined to make annual economic development grants to DEVELOPER until the
a specific maximum aggregate amount of grant funds are distributed to Developer
from funds to be provided to the EDA by the City, all in accordance with the terms of
this Agreement; and,
WHEREAS, the parties wish to reduce to writing the understanding of the parties
concerning this matter.
THEREFORE, the parties agree that the above Recitals are hereby incorporated into
and made a part of this Agreement and also in consideration of the promises and
obligations contained herein, the sufficiency of which are hereby acknowledged, the
parties mutually agree as follows:
SECTION 1. EDA ECONOMIC DEVELOPMENT GRANT
Subject to the terms of this Agreement, the EDA will make annual Economic
Development Grants (each a "Grant") to DEVELOPER, up to the maximum amount of
Grants distributed to DEVELOPER under this Performance Agreement equals
$3,000,000.00, in order to assist with the development and completion of the
Project for the purposes of promoting economic development in the City and the
Roanoke Valley. DEVELOPER acknowledges and agrees that the maximum
aggregate amount of Grants received pursuant to this Performance Agreement shall
be limited to $3,000,000.00 (the "Grant Cap ").The EDA's obligations hereunder are
not general obligations of the EDA, but are special obligations of the EDA limited to
those funds which are provided by the City and received by the EDA under the
terms set forth herein.
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SECTION 2. OBLIGATIONS OF DEVELOPER.
DEVELOPER agrees and promises that in order to qualify to receive and to continue
to receive the Grant for each grant year (as defined in this Agreement), DEVELOPER
shall do or provide each of the following:
A. On or before December 30, 2016, DEVELOPER shall close on the
acquisition of the Property and acquire the Property from Ivy View and
the transfer documents, including all deeds transferring all rights, title
and interests of Ivy View in the Property are recorded in the Clerk's Office
of the Circuit Court of the City of Roanoke, Virginia.
B. Within 9 months after the date of this Agreement, and not later than April
1, 2017; the restaurant facility currently under construction on Official
Tax Map No. 1150109 shall be actively operating and open to the public
for business.
Within 30 months after the date of this Agreement, and not later than
January 1, 2019, the property currently vacant comprised of tax map nos.
1150106, 1150113, 1150112, 1150102, 1150104, 1150108, shall be
developed so as to contain at least one building of a minimum of 20,000
sq. ft. open to the public for business and shall be for each year for which
a Grant is requested. Such building shall contain a specialty retail
grocery (including Earth Fare, Whole Foods, Sprouts or other similar
natural foods store) which is not as of the date of this Agreement or at the
date of its opening otherwise located or operating within the Roanoke
Metropolitan Statistical Area (MSA) as defined by the United States Office
of Management and Budget.
D. DEVELOPER shall file all appropriate and applicable real estate tax and
other tax forms or notices with the City and ensure that DEVELOPER has
received assessments from the City for such taxes, and shall have paid
such taxes in full to the City on time and no such taxes shall be in default
at any time. Furthermore, DEVELOPER shall not claim any exemptions
from real estate taxes or other taxes for any periods of time for which
Grant funds are requested. DEVELOPER shall also ensure that the owner
of the Property or the Project or any part thereof and any entity that may
operate and /or manage the Facilities, the Property or Project, if different
than DEVELOPER, also complies with all the obligations of this Section
2(D) and any other applicable provisions of this Agreement. In the event
that the owner of the Property or Project or any part thereof or any entity
that may manage and /or operate the Facilities, the Property or Project
fails to comply with this Section 2(D), DEVELOPER acknowledges and
agrees that such noncompliance may result in the reduction in the
amount of the Grant in a grant year to the extent that Taxes are not
actually received by the City as set forth in Section 3(C) of this Agreement,
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based upon the documentation that DEVELOPER must provide to EDA
and the City pursuant to Section 5(B) of this Agreement. Should any
subsequent owner of the Property or Project or any portion thereof, or
any entity that may occupy, operate and /or manage a Facility, the
Property or Project, or any part thereof, violate the obligations of this
Section 2(D) by seeking, claiming, and being granted any real estate tax
exemption, in whole or in part, DEVELOPER agrees that DEVELOPER shall
be responsible for paying, and shall pay, to the City an annual fee equal to
the actual real estate taxes that otherwise would be due and owed if such
portion of the Project or Property or Facility had not been granted a tax
exemption. Such fee shall be due and payable at the same time that the
actual real estate taxes would be due and payable to the City. The City
shall be entitled to exercise all remedies available to the City if any such
fee is not paid in full within thirty (30) days of becoming due. Nothing in
this Section 2(D) shall prevent, deter, encourage, or otherwise affect the
City in granting or denying an application for exemption, in its absolute
discretion.
DEVELOPER shall make all Grant requests as set forth in this Agreement.
Upon execution of this Agreement, DEVELOPER shall deliver to EDA and
the City the fully executed Amendment No. 2, defined and described in
Section 4 of this Agreement
SECTION 3. ECONOMIC DEVELOPMENT GRANT
Subject to the conditions set forth in this Agreement, the EDA shall provide certain
Grant funds, limited to those funds which are received by the EDA from the City, as
set forth below, to DEVELOPER, in order to assist with the completion of the Project
as follows:
A. For the purposes of this Agreement, a "grant year" means July 1 through
June 30 (for example, July 1, 2016 -June 30, 2017) which corresponds to
the Fiscal Year of the City of Roanoke. The first grant year pursuant to
this Agreement shall commence on July 1, 2016.
B. Such Grants may be requested only until the Grant Cap is reached. All
Grant requests shall be submitted to the EDA between the period of
September 1 and December 1, for the preceding grant year or no Grant
will be considered or given for that particular grant year and there shall
be no carryover of that grant year. The City will cooperate with
DEVELOPER by providing, upon written request from DEVELOPER, public
information relevant to tax revenue received from the Property and
Project.
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The amount of each Grant request for each grant year shall be for an
amount equal to 50% of the revenue amount actually received by the City
during the preceding grant year that directly resulted from the Property
or Project and that came only from real estate taxes, the City's portion of
general retail sales tax (currently at 1 %), professional and occupational
license tax, tangible personal property tax (inclusive of tangible personal
property used in business), and prepared food and beverage tax
(collectively, the "Taxes "). The amount of a Grant request shall be limited
to the lesser of (1) 50% of the revenue amount actually received by the
City during the preceding grant year that came from the Taxes; or (ii) the
difference between (a) the Grant Cap and (b) the aggregate amount of
Grants received by DEVELOPER at the time of each Grant request. Any
new state or local tax that expressly replaces, is a substitute for, or is in
lieu of any of the Taxes (Replacement Tax') shall be included in the tax
revenue directly resulting from the Property or Project, only to the extent
that the City actually receives revenues from any such Replacement Tax.
Provided, however, any new or existing local tax or increase in the rate of
any of the Taxes for the purpose of dedicating the incremental revenue
for a specific project or purpose shall be excluded from and not counted
in the amount of tax revenue resulting from the Property or Project.
Furthermore, there shall be no carryover of any type from one grant year
to the next for any tax revenues received and /or funds from the prior
year or years or for purposes of determining the amount of revenue for
any grant year. Subject to the limitation on the amount of any Grant
request as set forth in this Section 3 (C), each grant year shall be looked at
separately to see if the requirements for a Grant request have been met.
SECTION 4. TERMINATION OF PREVIOUS PERFORMANCE AGREEMENT
DEVELOPER acknowledges and agrees that DEVELOPER has no rights, interest, title,
or benefit under the Ivy View Performance Agreement and is not an assignee of the
Ivy View Performance Agreement. DEVELOPER further acknowledges and agrees to
deliver to the City and EDA the written agreement from Ivy View that amends the
Ivy View Performance Agreement to (i) limit Ivy View's right to make grant
requests under the Ivy View Performance Agreement to one grant request for the
July 1, 2015 through June 30, 2016 grant year, as defined in the Ivy View Agreement,
not later than December 1, 2016, for the amounts and limits set forth in the Ivy View
Performance Agreement for such grant year; and (ii) except for this one grant
request, terminate the Ivy View Performance Agreement ('Amendment No. 2 "). The
form of Amendment No.2 is attached hereto and made a part hereof as Exhibit 2.
SECTION 5 DISTRIBUTION OF GRANT FUNDS
A. On or before December 30, 2016, DEVELOPER shall provide to the City
and EDA certified copies of the executed and recorded deed(s) from Ivy
View to DEVELOPER transferring the Property to DEVELOPER. The deeds
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shall be certified by the Clerk of the Circuit Court of the City of Roanoke,
Virginia.
B. Following the end of each grant year, upon DEVELOPER's compliance
with the obligations set forth in this Agreement, DEVELOPER may request
in writing that the EDA obtain and provide the Grant funds mentioned
above in accordance with the terms of this Agreement. Such request
must be accompanied by sufficient documentation to establish to the
reasonable satisfaction of the EDA and the City DEVELOPER's compliance
with the obligations set forth in this Agreement. Upon receipt of such
request, and approval by the EDA (approved request), the EDA shall
forward the approved request to the City Manager and Economic
Development Director. The written Grant request(s) from DEVELOPER to
the EDA will be on a form approved by the EDA's counsel, attached hereto
as Exhibit 3. The EDA may disapprove any request not complying with
the terms of this Agreement or require a revised request be submitted.
Should the EDA disapprove a Grant request or require that DEVELOPER
submit a revised request, the EDA shall provide written notice to
DEVELOPER stating the basis for disapproval and any defect in the Grant
request and specifying the required additional information. DEVELOPER
shall submit the revised and resubmitted request within 30 days of
receipt of such written notice. After the EDA approves a request, the EDA
will promptly make a written request to the City for the distribution to
the EDA of the City's appropriation of such funds. The EDA will forward
approved Grant requests to the City Manager and Economic Development
Director. The City will process such approved requests within 45 days of
receipt thereof, subject to such funds being appropriated. The EDA will
make any approved payment to DEVELOPER within ten (10) working
days from the date of receipt of the funds from the City, provided,
however, the EDA has no liability in the event the City delays processing
the EDA's requisition. The EDA's obligations shall be limited to those
funds which the EDA shall receive from the City and shall not be a general
obligation, but a special obligation of the EDA. Furthermore, no Grant
requests may be made by DEVELOPER or considered by the EDA after
December 1 once the Grant Cap is met. The EDA agrees that the Grants
funds will be delivered to a lock box or a joint check will be issued if
requested in writing by DEVELOPER's lender. DEVELOPER authorizes
the EDA to make payment as requested by its lender. DEVELOPER shall
provide written notification to EDA and the City that identifies
DEVELOPER'S lender. Such notification shall identify the name, telephone
number, address, and email address of the lender's loan officer
responsible for DEVELOPER'S account with respect to the Project and
shall authorize the EDA and the City to discuss this Agreement and
matters related to this Agreement with such lender.
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SECTION 6. PAYMENT OF EDA'S FEES
DEVELOPER promises and agrees it will pay all reasonable fees, costs, and expenses
of the EDA in connection with this matter, including any action necessary to collect
reimbursement hereunder or litigation of any type, all of which includes the
reasonable fees of the EDA's counsel. Payment of such items shall not be made from
any Grant funds. The EDA will submit statements to DEVELOPER for such items and
DEVELOPER shall pay such statements within 30 days after receipt.
SECTION 7. REPORTS TO THE EDA AND THE CITY
During the term of this Agreement, DEVELOPER agrees to report to and provide the
EDA and the City on a semi - annual basis, on or before June 30 and December 31 of
each year, sufficient information related to DEVELOPER's compliance with the
conditions of this Agreement and to provide appropriate documentation to support
such compliance. DEVELOPER also agrees to allow the EDA, the City, and /or its
representative to inspect, audit, copy, or examine any of DEVELOPER's books,
documents, or other relevant materials in connection therewith upon written
request by the EDA or the City. All such documents, information (including
electronic data), or access shall be provided or made available within 30 days of a
written request from either the EDA or the City, at no cost to the EDA or the City.
SECTION 8. COMPLIANCE WITH LAWS.
DEVELOPER agrees to comply with all applicable federal, state, and local laws, rules,
and regulations in the performance of this Agreement, including, but not limited to,
obtaining and maintaining a City Business License.
SECTION 9. COOPERATION.
Each party agrees to cooperate with the other in a reasonable manner to carry out
the intent and purpose of this Agreement.
SECTION 10. SEVERABILITY.
If any term of this Agreement is found to be void or invalid, such invalidity shall not
affect the remaining terms of this Agreement, which will continue in full force and
effect The parties intend the remaining provisions of the Agreement be enforced to
the fullest extent permitted by applicable law.
SECTION 11. AUTHORITY TO SIGN
The persons who have executed this Agreement on behalf of the parties represent
and warrant they are duly authorized to execute this Agreement on behalf of their
respective entity.
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SECTION 12. COUNTERPART COPIES
This 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 13. SUCCESSORS
The terms, conditions, provisions, and undertakings of this Agreement shall be
binding upon and inure to the benefit of each of the parties hereto and their
respective successors and assigns.
SECTION 14. NONDISCRIMINATION.
A. During the performance or term of this Agreement, DEVELOPER agrees as
follows:
DEVELOPER will not discriminate against any employee or
applicant for employment because of race, religion, color, sex,
national origin, age, disability, or any other basis prohibited by
state law relating to discrimination in employment, except
where there is a bona fide occupational qualification
reasonably necessary to the normal operation of DEVELOPER.
DEVELOPER agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting
forth the provisions of this nondiscrimination clause.
11. DEVELOPER in all solicitations or advertisements for
employees placed by or on behalf of DEVELOPER will state
DEVELOPER is an equal opportunity employer.
111. 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.
B. DEVELOPER will include the provisions of the foregoing Section A (I, 11,
and III) in every subcontract or purchase order over $10,000 that is
entered into after the date that this Agreement receives final approval
from the City and the EDA so that the provisions hereof will be binding
upon each such subcontractor or vendor.
SECTION 15. ASSIGNMENT.
DEVELOPER agrees not to assign or transfer any part of this Agreement without the
prior written consent of the City and the EDA, which will not be unreasonably
withheld, delayed, or conditioned, and any such assignment shall not relieve
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DEVELOPER from any of its obligations under this Agreement, unless, upon request
by DEVELOPER, the City and the EDA agree to relieve DEVELOPER of its obligations
under this Agreement. Any such request by DEVELOPER shall be given due and fair
consideration by the City and the EDA.. Notwithstanding the foregoing, the City and
the EDA agree that DEVELOPER may assign and transfer this Agreement without
the prior written consent of the City and the EDA in accordance with the following
provisions: (a) DEVELOPER may assign, pledge, or grant a security interest in this
Agreement and DEVELOPER'S rights herein (the "Permitted Collateral "), as
collateral security, pursuant to a security agreement or other security instrument
( "Security Agreement "), to any lender providing financing to DEVELOPER with
respect to the purchase of all or any part of the Property (even if such lender does
not hold a deed of trust encumbering any of the Property) or to any lender
providing financing to DEVELOPER for the Project and the Property (collectively, a
"Secured Party"), (b) DEVELOPER or the Secured Party shall provide written notice
to the City and the EDA of the execution of the Security Agreement with the name
and address of the Secured Party, within ten (10) days after the effective date
thereof, (c) upon default under the Security Agreement and the obligations secured
thereby, the Secured Party may foreclose under the Security Agreement and
exercise all rights and remedies available under applicable Virginia law including,
without limitation, a sale or other disposition of the Permitted Collateral under the
Virginia Uniform Commercial Code (collectively, a "Disposition'), (d) the Secured
Party shall provide the EDA and the City with ten (10) days' prior written notice of
any proposed Disposition, (e) the purchaser or assignee of the Permitted Collateral
pursuant to any Disposition (the "Purchaser") shall succeed to DEVELOPER'S rights
under this Agreement and receive the cooperation of the City and the EDA under
this Agreement provided that the Purchaser agrees in writing, on terms and
conditions acceptable to the City and EDA, to assume all of the obligations of
DEVELOPER under this Agreement, without relieving DEVELOPER of such
obligations unless the EDA and the City expressly agree in writing thereto, (0 the
Secured Party shall provide the EDA and the City with written notice of any
Disposition with the name and address of the Purchaser (which may be the Secured
Party or affiliate thereof) within ten (10) days after the effective date of such
Disposition, and the proposed written agreement of Purchaser to assume all
obligations of DEVELOPER under this Agreement, and the City and EDA shall have
thirty (30) days after receipt of such proposed agreement to accept or reject such
agreement, provided that such acceptance shall not be unreasonably withheld or
conditioned within such time period; and, in the event that such proposed
agreement is not accepted by the City and EDA, the proposed transfer of this
Agreement to Purchaser shall be of no force or effect; (g) in the event that the
Secured Party gives written notice to the City and the EDA regarding payment of all
Grant funds to a specified lockbox controlled by the Secured Party or the payment of
all Grant funds pursuant to joint checks made payable to the Secured Party and
DEVELOPER and mailed to an address specified by the Secured Party, the City and
EDA thereafter will comply with such instructions until revoked or modified in
writing by the Secured Party, and (h) once the City and the EDA have been notified
of the name and address of the Secured Party in accordance with this section, all
Draft 06.20.16
written notices given to DEVELOPER under Section 17 of this Agreement or
otherwise shall also be given to the Secured Party, and the Secured Party shall have
the same opportunity as DEVELOPER, if any, to cure any default under this
Agreement.
SECTION 16. INDEMNITY
DEVELOPER agrees to indemnify and hold harmless the EDA, the City and their
officers, directors, and employees free and harmless for and from any and all claims,
causes of action, damages, or any liability of any type, including reasonable
attorney's fees, on account of any claims by or any injury or damage to any persons
or property growing out of or directly or indirectly resulting or arising in any way
out of any actions, omissions, or activities of DEVELOPER or its agents, employees,
or representatives arising out of or connected in any way to any of the matters
involved in this Agreement or any performance thereunder, except to the extent
caused by the sole actions, omissions, or activities of the City, the EDA, or their
agents or employees.
SECTION 17. OPPORTUNITY TO CURE
A. Except for the requirements and provisions contained in Sections 2, 3, 4, and
5 above, DEVELOPER shall not be deemed to have failed to perform or
discharge any of DEVELOPER's duties or obligations in the other sections of
this Agreement until such time as DEVELOPER receives written notice
thereof and an opportunity to cure within thirty (30) days after written
notice thereof, which notice shall specify the failure, or, if the failure is of
such nature that it could not reasonably be cured within such thirty (30) day
period, and DEVELOPER does, within said thirty (30) day period, commence
to cure such failure and thereafter proceed, with due diligence, to cure it as
soon as is reasonably practicable under the circumstances, but in no event
shall any such cure period be longer than a total of sixty (60) days from the
date of such notice. TIME IS OF THE ESSENCE WITH RESPECT TO THE
REQUIREMENTS AND PROVISIONS CONTAINED IN SECTIONS 2, 3, 4, AND 5
OF THIS AGREEMENT.
B. The City and /or the EDA shall not be deemed to have failed to perform or
discharge any of their duties or obligations under this Agreement until such
time as both of them receive written notice thereof from DEVELOPER and an
opportunity to cure within thirty (30) days after written notice thereof,
which notice shall specify the failure, or, if the failure is of such nature that it
could not reasonably be cured within such thirty (30) day period, and the
City and /or the EDA does, within said thirty (30) day period, commence to
cure such failure and thereafter proceed, with due diligence, to cure it as
soon as is reasonably practicable under the circumstances, but in no event
shall any such cure period be longer than a total of sixty (60) days from the
date of such notice.
10
Draft 06.20.16
SECTION 18. CHOICE OF LAW AND FORUM SELECTION
This Agreement shall be governed by, and construed in accordance with, the laws of
the Commonwealth of Virginia without application of Virginia's conflict of law
provisions. Venue for any litigation, suits, and claims arising from or connected with
this Agreement shall only be proper in the Roanoke City Circuit Court, or in the
Roanoke City General District Court if the amount in controversy is within the
jurisdictional limit of such court, and all parties to this Agreement voluntarily
submit themselves to the jurisdiction and venue of such courts, regardless of the
actual location of such parties. The provisions of this 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 Agreement.
SECTION 19. NONWAIVER.
Each party agrees any party's waiver or failure to enforce or require performance of
any term or condition of this Agreement or any party's waiver of any breach of this
Agreement 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 Agreement
or a waiver of any other breaches of the Agreement by any party and does not bar
the non - defaulting party from requiring the defaulting party to comply with all the
terms and conditions of this Agreement and does not bar the non - defaulting party
from asserting any and all rights and /or remedies it has or might have against the
defaulting party under this Agreement or by law.
SECTION 20. CAPTIONS AND HEADINGS
The section captions and headings are for convenience and reference purposes and
shall not affect in any way the meaning or interpretation of this Agreement.
SECTION 21. APPROPRIATION OF FUNDS.
All obligations or funding undertaken by the City or the EDA in connection with the
Property, the Project, or this Agreement are subject to the availability of funds and
the appropriation of such funds by City Council as may be necessary for such
obligations or funding.
SECTION 22. PERFORMANCE.
If DEVELOPER fails to comply with any of DEVELOPER's obligations under this
Agreement, except as otherwise provided in Section 17 above, as determined by the
City in the City's reasonable discretion, DEVELOPER will not be entitled to be
eligible for and /or receive and /or continue to be eligible for and /or receive any
such Grants or Grant funds as referred to above or in this Agreement.
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SECTION 23. NOTICES.
All notices hereunder must be in writing and shall be deemed validly given if
delivered in person, or sent by certified mail, return receipt requested, or by a
nationally recognized overnight courier, addressed as follows (or any other address
the party to be notified may have designated to the sender by like notice):
If to City, to City of Roanoke
Attn: City Manager
364 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Fax No. 540- 853 -1138
With a copy to: City of Roanoke
Attn: Economic Development Director
117 Church Avenue, S.W.
Roanoke, Virginia 24011
Fax No. 540- 853 -1213
If to EDA, to: Chair, Economic Development Authority
of the City of Roanoke, Virginia
c/o Harwell M. Darby, Jr., Esquire
Glenn, Feldmann, Darby & Goodlatte
37 Campbell Avenue, S.W.
Roanoke, Virginia 24011
Fax No. 540- 224 -8050
If to DEVELOPER, to: HRP Ivy View, LLC
c/o Harbour Retail Partners
Attn: Randy Kelley
3 Keel Street, Unit #2
Wrightsville Beach, NC 28480
With a copy, to: Whitlow & Youell, PLC
Attn: C. Cooper Youell, IV
28A Kirk Avenue
Roanoke, VA 24011
Fax No. 866 - 684 -7836
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.
12
Draft 06.2 0.16
SECTION 24. FAITH BASED ORGANIZATIONS.
Pursuant to Virginia Code Section 2.2-4343.1. be advised the City does not
discriminate against faith based organizations.
SECTION 25. 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 an entity organized as a stock or non -stock
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 this Agreement. The EDA
and /or the City may void this Agreement if DEVELOPER fails to remain in
compliance with the provisions of this section.
SECTION 26. FORCE MAIEURE.
A delay in, or failure of, performance by any party, shall not constitute a default, nor
shall DEVELOPER, the City or the EDA be held liable for loss or damage, or be in
breach of this 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 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
parties 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
an /or being an excusable delay.
13
Draft 06.2 0.16
SECTION 27. ADDITIONS TO THE PROTECT
A. The City and the EDA agree that in the event DEVELOPER acquires one
or more parcels of real property contiguous to the Project (singly
"Additional Parcel" and collectively "Additional Parcels ") on or before
December 31, 2018, such Additional Parcels shall be deemed part of, and
included in the definition of, the Project as set forth herein. All Taxes
generated from the Additional Parcels and actually paid to the City may
be included as part of any given Grant request made by the DEVELOPER,
provided that the DEVELOPER shall have either (i) closed the business
operated on such Additional Parcel or (ii) changed the use of such Additional
Parcel that existed when the parcel was acquired by the DEVELOPER. The
inclusion of the Additional Parcels as a part of the Project shall not
operate to increase the amount of the Grant Cap.
B. For purposes of this Agreement, a parcel qualifies as being contiguous to the
Project if such parcel either (i) shares a common property boundary with
the Project, and not separated by a public street or public right -of -way;
or (ii) shares a common boundary with an Additional Parcel, and not
separated by a public street or public right -of -way. In addition, the
aggregate area of all Additional Parcels, collectively, shall not exceed
0.75 acres.
C. DEVELOPER shall provide written notice to the City and EDA of
DEVELOPER'S acquisition of an Additional Parcel, together with a
certified copy of the deed transferring title to such parcel to DEVELOPER.
D. At the time DEVELOPER makes a request for a Grant pursuant to Section
3 of this Agreement, and such request includes Taxes generated from an
Additional Parcel and actually paid to the City, DEVELOPER shall
provide written confirmation to the City and EDA that the conditions of
Section 27 (A) have been satisfied.
SECTION 28. ENTIRE AGREEMENT.
This Agreement, together with any exhibits or attachments, 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.
14
Draft 06.20.16
IN WITNESS WHEREOF, Purchaser and Seller have executed this Agreement by their
authorized representatives.
WITNESS:
Printed Name and Title
(SEAL)
WITNESS:
Braxton G. Naff, Secretary
WITNESS:
Printed Name and Title
CITY OF ROANOKE, VIRGINIA
Christopher P. Morrill, City Manager
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF ROANOKE, VIRGINIA
By:
Allen Damon Williams, Chair
HRP IVY VIEW LLC
By its sole manager
HARBOUR RETAIL PARTNERS FUND
FUND POOLER, LLC
a Delaware limited liability
company
Printed Name and Title
15
Draft 06.2 0.16
Approved as to Form: Approved as to Execution:
City Attorney City Attorney
Approved as to Form Approved as to Execution
Counsel for EDA Counsel for EDA
Appropriation and funds required for this Agreement are subject to future
appropriation.
Director of Finance
Date Acct#
Authorized by Ordinance No.
16
Daniel J. Callaghan
City Attorney
Roanoke, Virginia
Dear Mr. Callaghan:
I am enclosing Resolution No. 40570 - 062016 pursuant to Chapter 748, Laws of 2016,
Acts of Assembly designating Melinda Butler Mayo, Communications and Media Officer
as the City of Roanoke's Freedom of Information Act officer; authorizing the City
Manager to enter into Memoranda of Understanding with each constitutional officer to
allow Ms. Mayo to serve as FOIA officer for such constitutional officers; effective July 1,
2016.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 20, 2016.
Sincerely,
Stephanie M. Moon Rey olds, MMC
City Clerk
Enclosure
c: The Honorable Timothy A. Allen, Sheriff
The Honorable Donald Caldwell, Commonwealth's Attorney
The Honorable Brenda S. Hamilton, Clerk of the Circuit Court
The Honorable Sherman A. Holland, Commissioner of the Revenue
The Honorable Evelyn W. Powers, Treasurer
Christopher P. Morrill, City Manager
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Assistant City Manager for Operations
Barbara A. Dameron, Director of Finance
Troy D. Harmon, City Auditor
Melinda B. Mayo, Communications and Media Officer
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Cluurch Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
1'elep Lone: (540)853 -2541
fax: (540)853 -1145
S "I'EI'IIANIE M. MOON REYNOLDS, MM(
E- ,nail: clerk(,..... evn.gov
CECELIA F. MCCOY
City Clerk
Depnp, City Clerk
CECELIA T. WEBB, CMC
June 22, 2016
Assistant Deputy Ciq Clerk
Daniel J. Callaghan
City Attorney
Roanoke, Virginia
Dear Mr. Callaghan:
I am enclosing Resolution No. 40570 - 062016 pursuant to Chapter 748, Laws of 2016,
Acts of Assembly designating Melinda Butler Mayo, Communications and Media Officer
as the City of Roanoke's Freedom of Information Act officer; authorizing the City
Manager to enter into Memoranda of Understanding with each constitutional officer to
allow Ms. Mayo to serve as FOIA officer for such constitutional officers; effective July 1,
2016.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 20, 2016.
Sincerely,
Stephanie M. Moon Rey olds, MMC
City Clerk
Enclosure
c: The Honorable Timothy A. Allen, Sheriff
The Honorable Donald Caldwell, Commonwealth's Attorney
The Honorable Brenda S. Hamilton, Clerk of the Circuit Court
The Honorable Sherman A. Holland, Commissioner of the Revenue
The Honorable Evelyn W. Powers, Treasurer
Christopher P. Morrill, City Manager
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Assistant City Manager for Operations
Barbara A. Dameron, Director of Finance
Troy D. Harmon, City Auditor
Melinda B. Mayo, Communications and Media Officer
IN THE COUNCIL, OF THE CITY OF ROANOKE, VIRGINIA CIRCUIT COURT
Received Filed
� v
The 20th day of June, 2016. �° Q /%t
No. 40570 - 062016. JUN! 2 y KI
D=_pu.d C'- ;k
TY OF H 0 10KE
A RESOLUTION pursuant to Chapter 748, Laws of 2016, Acts of Assembly designating
Melinda Butler Mayo, Communications and Media Officer as the City of Roanoke's Freedom of
Information Act officer; authorizing the City Manager to enter into Memoranda of Understanding with
each constitutional officer to allow Ms. Mayo to serve as FOIA officer .for such constitutional officers;
and providing for an effective date.
WHEREAS during its 2016 Session, the General Assembly passed House Bill 818 requiring
each locality with more than 250 residents to designate and publicly identify one or more Freedom of
Information Act officers (FOIA officer);
WHEREAS, the FOIA officer will be responsible to serve as a point of contact for members of
the public in requesting public records and to coordinate the public body's compliance with the
Freedom of Information Act.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
Melinda Butler Mayo is hereby designated as the City of Roanoke's Freedom of
Information Act Officer.
2. The City Manager is hereby authorized to enter into enter into Memoranda of
Understanding with each constitutional officer to allow Ms. Mayo to serve as FOIA officer for such
constitutional officers as more fully set out in the City Council Agenda Report dated June 20, 2016.
3. This Resolution shall be in fid] force and effect on and after July 1, 2016.
ATTEST:
.. City Clerk.
K:U. mumslnuignatan of Mdidan Mayo w F'01A Officer 6 16.docx
X04 CITY OF ROANOKE
C OFFICE OF THE CITY ATTORNEY
_ 464 MI NICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 2401M595
Daniel J. Callaghan TELEPHONE 540- 853.2431
City Attorney FAX 540. 853 -1221
EMAIL. ciplatty @roanokeva.gov
June 20, 2016
The Honorable David Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Re: Designation of FOIA Officer
Mayor Bowers and Members of Council
BACKGROUND
Timothy R. Spencer
Steven J. Talevi
David L. Collins
Heather P. Ferguson
Laura M. Carini
Assistant City Attorneys
During its 2016 Session, the General Assembly passed House Bill 818 and Governor McAuliffe signed this
bill into law as Chapter 748, Laws of 2016. This law requires each locality with more than 250 residents to
"designate and publicly identify one or more Freedom of Information Act officers (FOIA officer)." The FOIA
officer will be responsible to serve as "a point of contact for members of the public in requesting public
records and to coordinate the public body's compliance with" the Freedom of Information Act. Chapter 748
becomes effective on July 1, 2016.
City administration has discussed implementation of Chapter 748 and recommends that Melinda Butler Mayo,
the current Communications and Media Officer for the City, be designated as the FOIA officer for the City.
Ms. Mayo's office currently receives a significant portion of the FOIA requests that come to the City. Ms.
Mayo works closely with the City Clerk and the City Attorney in coordinating the responses. The City
Attorney's office will continue to work closely with Ms. Mayo in this position, including providing Ms. Mayo
with training as required by Chapter 748.
Chapter 748 also specifically provides that constitutional officers are "local public bodies" for purposes of
Chapter 748. The City Manager has offered to enter into Memoranda of Understanding with each
constitutional officer to allow Ms. Mayo to serve as FOIA officer for such constitutional officers.
City administration will provide notice of this designation on its website, along with contact information for
Ms. Mayo.
City administration anticipates that this designation shall not disrupt the City's current practices and
procedures for processing requests for public records under FOIA. In many instances, citizens make requests
to the City Clerk or other departments within the City. The designation of Ms. Mayo as FOIA officer should
promote and enhance the City's current procedures.
RECOMMENDATION
Adopt a resolution designating Melinda Butler Mayo as the FOIA officer for the City in accordance with
Chapter 748, Laws of 2016, Acts of Assembly, and authorizing the City Manager to enter into Memoranda of
Understanding with each constitutional officer to allow Ms. Mayo to serve as FOIA officer for such
constitutional officers.
Sincerely,
JIB- l�n.w�'
Daniel J. C laghan
City Attorney
DJC /lsc
c: Christopher P. Morrill, City Manager
R. Brian Townsend, Assistant City Manager
for Community Development
Sherman Stovall, Assistant City Manager
for Operations
Barbara Dameron, Director of Finance
Troy D. Harmon, City Auditor
Stephanie Moon Reynolds, City Clerk
Tim Allen, Sherriff
Donald Caldwell, Commonwealth's Attorney
Brenda Hamilton, Clerk of Circuit Court
Sherman Holland, Commissioner of the Revenue
Evelyn Powers, Treasurer
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 40571- 062016 amending and reordaining Section
22.3 -270), Contributions and member's contribution account Article IV, Contributions, of
Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979), as
amended.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 20, 2016, and is in full force and effect upon its
effective date.
Sincerely,
Stephanie M. Moon Reynolds, 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
Stephen D. Poff, Chief Magistrate, Office of the Magistrate
Joey Klein, Law Librarian
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Amelia C. Merchant, Director, Department of Management and Budget
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
'1 clephone: (S40) 853-2541
hn: (540)951 -1145
STEPHANIE M. MOON REYNOLDS, MM(
E -nnnil: dok(arrnvnn krvu....
CECELIA E. MCCOY
City Clerk
Deputy City Clerk
CECELIA T. W EBB, CMC
Assistant Deputy Car Clerk
June 22, 2016
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 40571- 062016 amending and reordaining Section
22.3 -270), Contributions and member's contribution account Article IV, Contributions, of
Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979), as
amended.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 20, 2016, and is in full force and effect upon its
effective date.
Sincerely,
Stephanie M. Moon Reynolds, 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
Stephen D. Poff, Chief Magistrate, Office of the Magistrate
Joey Klein, Law Librarian
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Amelia C. Merchant, Director, Department of Management and Budget
IlV �
IN I III! ('OUN('I1. ()1 I'llk ('fl l OF ROANOKIk, VIRGINIA
'I'ha 20th day of June, 2016.
No. 40571 -062016.
AN ORDINANCT amcndine and rcoolammg Section 213- '7111- C'onu- ibutiuns and mCmber"
contribution account, Article IV, C'ontributi oils, of Chapter 223. Pensions and Retirgnen-t. Code of the
City of Roanoke (1479), as amended; providing for cflecove dales; and dispensing with the second
reading ofthis ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
Chapter 2n. 3, Pensions and Retirement, of the Code of the City of Roanoke (1979), as
amended, is amended and rcordained to read and provide as follows:
Sec. 223-2T Contributions and member's contribution account,
* a e:
All member connibutions and interest allowances shall be credited to the
member contribution account. Accumulated contributions required to be
term tied to the member or required to be paid on account of the member's death
shall be paid from the member contribution account. Beginning Judy 1, 2015, the
member contribution account of each active, member shall be credited with
interest at a rate ol'threa percent (3 %) annually. Beginning on July 1, 2017, and
continuing thereafter until modified by City C'ouncif-- -,--4as of each June 30, the
member contribution account of each active member shall be credited with
interest at a rate of two pement (2%,l) annuallylo be detenriined- annually 4y -the
eourrell, hriEia4ly ,-fly- ride petted annually. Interest shall
accrue on any contribution beginning on the first day of file fiscal year following
the year in which the contribution was made. No interest shall be credited to the
member contribution account after the effective date of the member's retirement.
2. Pursuant to Section 12 of the City Chatter. the second reading of this ordinance by title
is hereby dispensed with.
This ordinance shall be in full force and effect upon its passage.
AT "i EST
INb l
City ('lerk.
4� .r
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: City of Roanoke Pension Plan Member Contributions and Interest on Member
Contribution Account
Background
The City of Roanoke Pension Plan (Plan) is a multi - employer Plan. The Plan covers substantially
all full -time regular employees of the City of Roanoke, the Roanoke Regional Airport
Commission, and the Roanoke Valley Detention Commission, certain employees of the Roanoke
Valley Resource Authority, certain employees of the Western Virginia Water Authority, and
certain non - professional City School Board employees. Employees of the City Sheriff's
Department are not covered by the Plan.
Effective July 1, 2014, all newly hired or rehired Plan members began to share funding of their
pension benefit by contributing 5% of their earnable compensation into the Plan. Effective July
1, 2015, all members hired prior to July 1, 2014 began to share funding of their pension
benefit by contributing 5% of their earnable compensation into the Plan. Section 22.3 -270),
Code of the City of Roanoke (1979), as amended, provides for application of interest to
accumulated member contributions annually. Initially, the rate of interest shall be 3%
beginning the first day of the fiscal year following the year in which the contribution was made.
Interest is to be credited in subsequent years at a rate to be determined annually by City
Council.
Considerations
The Board of Trustees, in conjunction with the Pension Investment Committee and the Plan's
investment consultant, reviewed various alternatives for the determination of an appropriate
rate of interest. Consideration was given to the prevailing market interest rate, the application
of an interest rate index such as US Treasury rates, the desire to provide a reasonable rate of
return on member contributions, and the administrative application of the chosen interest rate.
Recommendation
Adopt an ordinance to amend Section 22.3 -270), Code of the City of Roanoke (1979), as
amended, to provide for the application of interest at a rate of 2% annually applicable to the
fiscal year beginning July 1, 2017, and continuing thereafter until modified by City Council. .
Respectfully submitted,
ILM.,/ M P�J
FOkChristopher P. Morr I
City Manager
Z&�a � 6,
arb ra A. Dameron
Director of Finance
c: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager
R. Brian Townsend, Assistant City Manager
Andrea F. Trent, Assistant Director of Finance
Michele Vineyard, Director of Human Resources
tr� CITY OF ROANOKE
OFFICE OE THE C1'1 'V C1.E12K
215 Church Amore, S. W., Room 456
Q) _'*�'"" Roanoke, Virginia 24011 -1536
Telephone: (541))X53 -2541
Pax: (5411)X53 -1145
Sl LPIIANIE M. MOON REYNOLDS, MMC Email: clrrkpnnnuu,kepN'F1° CECELIA F. MCCOY
City ('le. k Depary City Clerk
CECELIA T. WEBB, CMC
June 22, 2016 Assistant Deputy City Clerk
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 40572- 062016 amending and reordaining,
Section 22.3 -78 (b) and (e), Administration and Investment, Article XIV, Defined
Contribution Plan, Chapter 22.3 Pensions and Retirement, Code of the City of Roanoke
(1979) as amended; and shall become effective on and after July 1, 2016.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 20, 2016, and is in full force and effect upon its
effective date.
Sincerely,
Stephanie M. Moon`Reynolds, 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
Stephen D. Poff, Chief Magistrate, Office of the Magistrate
Joey Klein, Law Librarian
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Amelia C. Merchant, Director, Department of Management and Budget
„4p
IN TI Ill COUNCIL OF THF. CITY OF ROANOKE, VIRGINIA
The 20th day of June, 2016.
No. 40572- 062016.
AN ORDINANCE amending and rcordaining, Section 22.3 -78 (b) and (c),
Administration and Investment, Article XIV, Defined Contribution Plan, Chapter 22.3 Pensions
and Retirement, Code of the City of Roanoke (1979) as amended, providing for an effective date;
and dispensing with the second reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
I. Section 22.3 -78, Administration and Investment, Article XIV, Defined
Contribution Plan, Chapter 22.3, Code of the City of Roanoke (1979) as amended, is hereby
amended and rcordained to read and provide as follows:
Sec. 22.3 -78. Administration and Investment.
(b) The defined contribution board shall be appointed by city council and shall
consist of five (5) members as follows: the assistant city manager of
operations, ex- officio; the director of finance, ex- officio; the director of
human resources, ex- officio; and two (2) members appointed by the
assistant city manager of operations, who shall not be the director of
finance. The members designated by the assistant city manager of
operations shall serve terms of four (4) years
* **
(e) The defined contribution board shall develop an investment policy and
provide a broad array of investment options into which participants in the
defined contribution plan may, direct the investments} of their accounts.
This ordinance Shull beCOloC elfaYivc on and ullor .luly I, 3016.
Pursuant to Section 13 o the Honnol e 0 1 y Chi n-leI, the second goading by
title of ordinance, is hereby dispensed with.
n arts r: I 1
,tin •`�nt��.'j�,,'�^uf �
City Cicrk.
G�
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: Administration and Investment of City of Roanoke's Defined
Contribution Plan
Background
Section 22.3- 78(a), Code of the City of Roanoke (1979), as amended, provides for the
administration, proper operation and investment of the City's defined contribution plan by
establishing the Defined Contribution Board (Board). Section 22.3 -78(b) sets forth the
membership of the Board to be appointed by City Council to oversee the City sponsored
defined contribution accounts holding retirement assets on behalf of active, separated and
retired employees. The International City Managers Association Retirement Corporation (ICMA-
RC) currently provides third -party administration to the City for its defined contribution plans.
Considerations
Mr. Christopher P. Morrill, as City Manager, currently holds an ex- officio position on the Board
appointed to oversee the administration and investment of defined contribution assets.
Pursuant to City Code, the City manager also designates two members of the Board. Mr.
Morrill has recently been appointed to the Vantage Trust Corporation Board, as a volunteer,
unpaid member. The Vantage Trust Corporation Board is responsible for investing the family
of Vantage Trust Funds offered by ICMA -RC and utilized by the City as one set of investment
offerings to employees. In order to eliminate any appearance of conflicts of interest, a
modification of the Board's members, as established by City Code Section 22.3 -78(b) is
required. In addition, an amendment to City Code Section 22.3 -78(e) is recommended to
correct a typographical error in the spelling of the word "investments. ".
Recommendation
Adopt an ordinance to amend Section 22.3- 27(b), Code of the City of Roanoke (1979), as
amended, to provide for the City Manager's ex- officio position to be replaced by the Assistant
City Manager of Operations, as ex- officio, and provide that the Assistant City Manager of
Operations designate two members, neither of whom shall be the Director of Finance. The
proposed ordinance also corrects the typographical error.
Respectfully submitted,
'VIP MA A
Foo,Christopher P. Morrill
City Manager
Bh"rbara A. Dameron
Director of Finance
c: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager
R. Brian Townsend, Assistant City Manager
Andrea F. Trent, Assistant Director of Finance
Michele Vineyard, Director of Human Resources
Cindy H. Poulton
Clerk
Roanoke City Public Schools
P. 0. Box 13145
Roanoke, Virginia 24031
Dear Ms. Poulton:
I am enclosing copy of Ordinance No. 40573 - 062016 appropriating funding from the
Commonwealth grants for various educational programs, amending and reordaining
certain sections of the 2015 -2016 School Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 20, 2016, and is in full force and effect upon its
passage.
Sincerely,
Stephanie M. Moon Reynolds, C
City Clerk
Enclosure
c: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools, P. O. Box
13145, Roanoke, Virginia 24031
P. Steve Barnett, Assistant Superintendent for Operations, Roanoke City Public
Schools, P. O. Box 13145, Roanoke, Virginia 24031
Kathleen M. Jackson, Chief Financial Officer, Roanoke City Public Schools, P. O.
Box 13145, Roanoke, Virginia 24031
Suzanne P. Moore, Chairman, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Acquenatta Harris, Department of Finance
r: :1 Lin
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 C'Bnreh Avenue, S. W., Boom 456
'' -'�" -
Roanoke, Virginia 241111 -1536
'rvlcpLonc: 154111 953-2541
INx (541)95.3-1145
STEPHANIE M. MOON REYNOLDS, MM(
E-:nnli: NcrkGr•:'nunokevn.Pnv
('F(-E1AA F. MCCOY
UO ('lurk
D,0, Cily Clerk
June 22, 2016
('ECELIAT. WEBB, C'MC
A,,ktanl Deputy CITY Clerk
Cindy H. Poulton
Clerk
Roanoke City Public Schools
P. 0. Box 13145
Roanoke, Virginia 24031
Dear Ms. Poulton:
I am enclosing copy of Ordinance No. 40573 - 062016 appropriating funding from the
Commonwealth grants for various educational programs, amending and reordaining
certain sections of the 2015 -2016 School Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 20, 2016, and is in full force and effect upon its
passage.
Sincerely,
Stephanie M. Moon Reynolds, C
City Clerk
Enclosure
c: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools, P. O. Box
13145, Roanoke, Virginia 24031
P. Steve Barnett, Assistant Superintendent for Operations, Roanoke City Public
Schools, P. O. Box 13145, Roanoke, Virginia 24031
Kathleen M. Jackson, Chief Financial Officer, Roanoke City Public Schools, P. O.
Box 13145, Roanoke, Virginia 24031
Suzanne P. Moore, Chairman, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Acquenatta Harris, Department of Finance
ZIN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of June, 2016.
N, 40573 - 062016.
AN ORDINANCE to appropriate funding from the Commonwealth grants for various
educational programs, amending and reordaining certain sections of the 2015 -2016 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
2015 -2016 School Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
Instruction- Teacher 302 - 191 - 1302 - 0553 -325K- 61100- 41121 -3 -02 $ 2,247
Payment of Joint Operations 302 - 191- 1302 - 0553 -325K- 61100 - 42201 -3 -02 4,056
Social Security 302 - 191- 0000 - 0553 -325K- 61100 - 47701 -9 -02 186
Revenues
State Grant Receipts 302- 000- 0000 - 0553 -325K- 00000- 32272 -0 -00 $ 6,489
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTE T:
-��CTy E lerk. - �'�
June 20, 2016
The Honorable David Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As a result of official School Board action on Tuesday, June 14,
2016, the Board respectfully requests that City Council approve the
following revised appropriation request:
Revised Appropriation Additional Award
Regional Alternative Education Program 2015 -2016 $6,489.00
On behalf of the School Board, thank you for your consideration.
Sincerely,
6" a'Xr.Q�it'—
Cindy H. Poulton
Clerk
pc Dan Callaghan
Chris Morrill
Barbara Dameron
Suzanne P. Moore
Rita D. Bishop
Kathleen Jackson
Acquenatta Harris (w /details)
ROANOKE CITY
PUBLIC SCHOOLS
School Board
Suzanne P. Moore
Chairman
Lori E. Vaught
Vice Chairman
Mark K. Cathey
William B. Hopkins, Jr.
Annette Lewis
Laura D. Rottenborn
Dick Willis
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerk of the Board
ww.rcpsonfo p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: School Board Appropriation Request
Background:
As the result of official Roanoke City School Board action at its June 14, 2016 meeting, the Board
respectfully requested that City Council appropriate funding as outlined in this report.
The Regional Alternative Education Program 2015-2016 grant of $6,489 provides funds for students
who are academically delayed and provides the opportunity to participate in an accelerated academic
program. This is a revision to the original award allocation, will be fully reimbursed by state funds
and will end June 30, 2016. This is a continuing program.
Recommended Action:
We recommend that Council concur with this report of the School Board and adopt the attached
budget ordinance to establish revenue estimates and to appropriate funding as outlined.
Barbara A. Dameron
Director of Finance
Distribution: Council Appointed Officers
Rita D. Bishop, Superintendent, RCPS
P. Steve Barnett, Assistant Superintendent for Operations, RCPS
Kathleen M. Jackson, Chief Financial Officer, RCPS
EPBANIE M. MOON REYNOLDS, MM(
(it,( lark
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Chnrc4 Avenue, S. W., Rom 456
Roanoke, Virginia 24011 -1536
TelcpM1nnc: (541 ))8512541
Pnx: (540)853 -1145
H -mnil: rlerk(nrovrokevn.);ov
June 22, 2016
Cindy H. Poulton
Clerk
Roanoke City Public Schools
P. O. Box 13145
Roanoke, Virginia 24031
Dear Ms. Poulton:
I am enclosing copy of Ordinance No. 40574 - 062016 adopting an
2016 -2017 School Board Categorical Budget, amending and
sections of the School General Fund Appropriation.
('L +CBLIA R McCoy
Uepnly Cily Clerk
C'ECLLIAT. WEBB,CM(
AW,ts ,ut Dims,,, City Clerk
amendment to the
reordaining certain
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, June 20, 2016, and is in full force and effect upon its
passage.
Sincerely,
Stephanie M. Moon eynolds, MMC
City Clerk
Enclosure
c: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools, P. O. Box
13145, Roanoke, Virginia 24031
P. Steve Barnett, Assistant Superintendent for Operations, Roanoke City Public
Schools, P. O. Box 13145, Roanoke, Virginia 24031
Kathleen M. Jackson, Chief Financial Officer, Roanoke City Public Schools, P. O.
Box 13145, Roanoke, Virginia 24031
Suzanne P. Moore, Chairman, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Acquenatta Harris, Department of Finance
M
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of A,,o, 2016.
No. 40574 - 062016.
AN ORDINANCE to adopt an amendment to the 2016 -2017 School Board
Categorical Budget, amending and reordaining certain sections of the School General
Fund Appropriation 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 2016 -2017 School General Fund Appropriation be, and the same are
hereby, amended and reordained to read and provide as follows:
School General Fund
Appropriations
Revenue $ 993,829 Fund Balance 338,520
(655,309)
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. " °'
June 20, 2016
The Honorable David Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As a result of official School Board action on Tuesday, June 14,
2016, the Board respectfully requests that City Council approve the
amendment to the Schools 2016 -17 Budget as outlined on the
attached.
On behalf of the School Board, thank you for your consideration.
Sincerely,
.Q'�(�'-
Cindy Ff. Poulton
ROANOKE CITY
PUBLIC SCHOOLS
School Board
Suzanne P. Moore
Chairman
Lori E. Vaught
Vice Chairman
Mark K. Cothey
William B. Hopkins, Jr.
Annette Lewis
Laura D. Rottenborn
Dick Willis
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerk of the Board
w..rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031
Clerk
pc: Dan Callaghan
Rita D. Bishop
Chris Morrill
Kathleen Jackson
Barbara Dameron
Acquenatta Harris
Suzanne P. Moore
ROANOKE CITY
PUBLIC SCHOOLS
School Board
Suzanne P. Moore
Chairman
Lori E. Vaught
Vice Chairman
Mark K. Cothey
William B. Hopkins, Jr.
Annette Lewis
Laura D. Rottenborn
Dick Willis
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerk of the Board
w..rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031
BUDGETAMENDMENT
June 2016
Adjusting Revenues to match final budgets adopted by the Commonwealth of Virginia and the
City of Roanoke after the RCPS Categorical Budget was adopted on March B, 2016.
Adjusting the Budgeted Use of Fund Balance in accordance with Agenda Item C.
Adjusting the Debt Service expenditure budget to match projections received from the City of
Roanoke after the RCPS Categorical Budget was adopted on March 8, 2016.
Increasing the Instruction Expenditure Budget in accordance with Agenda Item C.
FY 2016 -17
FY 2036-]]
BUDGET
BUDGET
Updated
Adjustment
REVENUE CATEGORY
As Adopted 3/8/16
Cateo Totals
Between Ca@ rtes
STATE
67,061,884
67,132,423
70,539
STATE SALES 1%
15048,800
14,936,781
11130191
OTHER REVENUE
212CQ000
2,200,000
0
TOTAL NON CITY
84,310684
84,269,204
141,4801
CITY LINOS
80,022800
80,402,800
380,000
TOTAL OPERATING REVENUE
164,333,484
164,672,004
338,520
OTAL ATH LETITS REVENUE
190,000
190.000
C
INTERFUND TRANSFER FROM FOOD SERVICE
300,000
300,000
0
TOTAL GENERAL FUND BEFORE USE OF FUND BALANCE
164,823,484
]65,162,004
338,520
FUNDS REQUIRE MOM FUND BALANCE
7,339725
7,995,030
655309
OTAL GENERAL FUND
172,163,209
173,157,038
91
FOOD SERVICE FUNDS
8,292,488
8,292,48"
0
UNDS REQUIRED FROM LINO BRIAXCE
0
0
0
OTAL FOOD SERVICE FUND
8,292,488
8,292,488
0
RAND TOTAL FUNDS
180,455,697
181,449,526
993,829
Adjusting the Debt Service expenditure budget to match projections received from the City of
Roanoke after the RCPS Categorical Budget was adopted on March 8, 2016.
Increasing the Instruction Expenditure Budget in accordance with Agenda Item C.
FY 201617
FY 2016 -17
BUDGET
BUDGET
Updated
Adjustment
EXPENDITURE CATEGORY
ps pebbled 3 /8/16
Category TOdls
Between Categories
In #mRlon
113,520,323
114,770323
]zSOpW
ammkttanoq Mend-tV, 6 E-11h
14,485,894
14,485,894
0
Transportation
11,26R78o
11,268,780
0
OIl &lat hb,,
lAr"01918
16,310,418
0
DebtServlce
14,594,651
14,338,480
12561711
SubWtal General Fund (Excluding Athletics)
170,180,566
171,174,395
993,829
[hleO¢
1,982,643
1,982,643
0
OTILLGENERA3 FUND
172,163,203
173,157,038
993,829
ood Services
8,292,488
8,292,488
0
and TOtal Funds
180,455,697
181,49,526
993,829
To: Honorable Mayor and Members of City Council
Meeting: June 20, 2016
Subject: Amendment to the Roanoke City Public Schools (RCPS) FY 2016 -2017
Categorical Budget
Background:
On June 14, 2016, the School Board approved an amendment to the RCPS FY 2016 -2017
Categorical Budget for the General Fund. The amendments are as follows:
ADOPTED AS 318116
AMENDED
DIFFERENCE
CATEGORICAL BUDGET
CATEGORICAL
ADOPT/ MENDED
BUDGET
GENERAL FUND
REVENUE CATEGORY
STATE
$ 67,061,884
$ 67,132,423
$ 70,539
STATE SALES TAX
15,048,800
14,936,781
(112,019)
OTHER REVENUE
2,200,000
2,200,000
-
CITY FUNDS
80,022,800
80,402,800
380,000
ATHLETICS REVENUE
190,400
190,000
-
INTERFUNDTRANSFER FROM
FOOD SERVICE
300,000
300000
-
TOTALREVENUES
164,823484
165,162,004
338,520
EXPENDITURE CATEGORY
INSTRUCTION
113,520,323
114,770,323
1,250,000
ADMINISTRATION /ATTENDANCE
AND HEALTH
14,485,894
14,485,894
-
TRANSPORTATION
11,268,780
11,268,780
-
OPERATIONSANDFACILITIES
16,310,918
16,310,918
DEBT SERVICE
14,594,651
14,338,480
(256,171)
ATHLETICS
1982,643
1,982,643
TOTAL EXPENDITURES
172,163,209
173,157,038
993,829
FUND BALANCE
$ (7,339,725)
$ (7,995,034)
$ (655.309)
ADOPTED AS 318116
AMENDED
DIFFERENCE
CATEGORICAL BUDGET
CATEGORICAL
ADOPT/ MENDED
BUDGET
FOOD SERVICE FUND
REVENUES
$ 8,292 488
$ 8,292 488
$ -
EXPENDITURES
8,292,488
8292488
-
Honorable Mayor and Members of Council
May 16, 2016
Page 2
Considerations
The Commonwealth of Virginia and the City of Roanoke budgets were adopted after RCPS
was required to have the schools budget prepared. RCPS amendments to the schools FY
2016 -2017 categorical budget included adjustments to revenues to match final budgets
adopted by the Commonwealth of Virginia and the City of Roanoke and an increase in
teacher salaries to make RCPS more competitive with surrounding localities. A portion of
the increased salary cost will be funded from fund balance. The Debt Service expenditure
budget was decreased to match projections received from the City of Roanoke.
Recommended Action:
We recommend that you concur with this report of the School Board and adopt the
amendment to the FY 2016 -17 Categorical Budget. Adopt the accompanying budget
ordinance to increase revenues, expenditures and adjust the fund balance of the School
Board General Fund.
arbara A. Dameron
Director of Finance
Distribution: Council Appointed Officers
Rita D. Bishop, Superintendent, RCPS
P. Steve Barnett, Assistant Superintendent for Operations, RCPS
Kathleen M. Jackson, Chief Financial Officer, RCPS
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avmutc, S. W., Room 456
Roanoke, Virginin 24011 -1576
Telephone: (540)851 -3541
Fuc (5411) 853 -1145
5 II P] IAN IFNI, MOON REYNOLDS, \INU E-mail: rlerkh,rnanuken r.O, ('L:('LLIA F. RI('('OV
('try Clerk Ilepnty City Clerk
June 22, 2016 CIA E .IA T. WERII, chl('
Assi%tnnt Deputy City Clerk
Michele Vineyard, Director
Human Resources
Roanoke, Virginia
Dear Ms. Vineyard:
I am attaching copy of Ordinance No. 40575 - 062016 amending and reordaining
Ordinance No. 40501 - 050916 to amend the salary of the City Manager, Christopher P.
Morrill, effective July 1, 2016.
The abovementioned measure was adopted by the Council of the City of Roanoke a
regular meeting held on Monday, June 20, 2016; and is in full force and effect upon its
passage.
Sincerely,
1
Stephanie M. Moon Reynold; MMC 1
City Clerk
Attachment
pc: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Jody Lawson, Payroll and Collections Administrator
Amelia C. Merchant, Director, Management and Budget
t
IN'111E C'Ol7NC11, OF']I IF CITY OF ROANOKI;, VIRGINIA
The 20th day of June, 2016.
No. 40575- 062016.
AN ORDINANCE amending and rcordaining Ordinance No. 40501- 050916 to amend the salary
of the City Manager, Christopher P. Morrill and dispensing with the second reading of this ordinance by
line.
WIIEREAS, the City Council adopted Ordinance No. 40501- 050916 on May 9, 2016, to
establish the pay of the City's employees effective July 1, 2016; and
WHEREAS, the personnel committee has recommended that the City Council increase the
compensation of the City Manager by (i) increasing the annual salary of the City Manager from
$200,886.86 as set forth in paragraph No. 5 of Ordinance No. 40501- 050916 to a new annual salary of
$210,886.86; and (ii) increasing the amount of the employer contribution paid by the City on behalf of
the City Manager to the deferred compensation plan established pursuant to Internal Revenue Code
Section 401(a) from $15,000.00 per calendar year, as set forth in paragraph No. 8 of Ordinance No.
40501- 050916, to $20,000.00 per calendar year.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. City Council hereby amends and reordains Ordinance No. 40501- 050916, to increase
the amoral salary of the City Manager, Christopher P. Morrill from $200,886.86 to a new annual salary
of $210,886.86; and (ii) increase the amount of the employer contribution paid by the City on behalf of
the City Manager to the deferred compensation plan established pursuant to Internal Revenue Code
Section 401(a) from $15,000.00 per calendar year, as originally set forth in paragraph No. 8 of
Ordinance No. 40501- 050916 to $20,000.00 per calendar year.
2. Except as specifically amended by this ordinance all other tetras and conditions
contained in Ordinance No. 40507-050916 shall be in fill] force and effect on and after July 1, 2016,
K.IMeemresASalnry Adjustment for Ciry Managm (1120.2016)abinlJ d.w,
3. Likewise, the provisions of lhi.s ordinance skull he in full force and effect on and alter
.lady 1, 2010,
4. Pursuant to Section 12 of the Ro:mokc ('ity ('barter, the second reading of this
ordinance by title is hereby dispensed With
A rFEST:
City Clerk.
KN4easnrcoSalary Adjustment for City Manager ( 0620 2016)(finvl) dace