HomeMy WebLinkAboutCouncil Actions 09-18-17ROANOKE CITY COUNCIL
REGULAR SESSION
SEPTEMBER 18, 2017
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order - -Roll Call. Vice -Mayor Price was absent
(2:00 p.m. session only)
The Invocation was delivered by Monsignor Joseph P. Lehman, Pastor,
Our Lady of Nazareth Catholic Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Sherman P. Lea, Sr.
Welcome. Mayor Lea.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, September 21 at 7:00 p.m., and Saturday, September 23 at
4:00 p.m.; and video streamed through Facebook Live at
facebook .com /roanokecitycouncil. Council meetings are offered with closed
captioning for the hearing impaired.
ANNOUNCEMENTS:
The Council of the City of Roanoke is seeking applications for the following
current vacancies and /or upcoming expirations of terms of office:
City of Roanoke Redevelopment and Housing Authority — one vacancy
Four -year term of office ending August 31, 2021
Mill Mountain Advisory Board — one vacancy
Term of office ending June 30, 2020
Personnel and Employment Practices Commission — one vacancy
Term of office ending June 30, 2020
Roanoke Neighborhood Advocates — one vacancy
Unexpired term of office ending June 30, 2019
Visit Virginia's Blue Ridge, Board of Directors — one vacancy
Term of office ending June 30, 2018
Youth Services Citizen Board — four vacancies
Two -Terms of office ending June 30, 2020 (Citizen At- Large)
One - Unexpired term of office ending June 30, 2018 (Public Sector)
One -Term of office ending June 30, 2018 (Student/William Fleming)
Access the City's homepage to complete an online application for the
abovementioned vacancies.
The City of Roanoke also is accepting nominations for the 2017 Citizen of the
Year. To obtain information to submit a nomination, contact the City Clerk's
Office at (540) 853 -2541 or access the form at each city library branch. Deadline
for receipt of nominations is Wednesday, September 27, 2017.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
A proclamation declaring September 17 — 23, 2017 as Constitution Week.
Presented ceremonial copy of proclamatilon to Caroline Wehner, Regent,
Nancy Christian Fleming Chapter, Daughters of the American Revolution.
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.
Kevin Davies, Boones Mill, Virginia; Troy Larimer, Rocky Mount, Virginia;
Geoffrey Campbell, Daleville, Virginia; and Bennett Early, Salem, Virginia.
4. CONSENT AGENDA:
(APPROVED 6 -0)
All matters listed under the Consent Agenda are considered to be routine by the
Members of City Council and will be enacted by one motion. There will be no
separate discussion of the items. If discussion is desired, the item will be
removed from the Consent Agenda and considered separately. The Mayor
called attention to two requests for Council to convene in a Closed
Meeting.
C -1 Minutes of the regular meetings of City Council held on Monday July 17,
2017; Monday August 7, 2017; and Monday, August 21, 2017.
RECOMMENDED ACTION: Dispensed with the reading of the minutes
and approved as recorded.
C -2 A communication from Mayor Sherman P. Lea, Sr., requesting that
Council convene in a Closed Meeting to discuss vacancies on certain authorities,
boards, commissions and committees appointed by Council, pursuant to Section
2.2 -3711 (A)(1), Code of Virginia (1950), as amended. A list of current vacancies
is included with the agenda for this meeting.
RECOMMENDED ACTION: Concurred in the request.
C -3 A communication from Mayor Sherman P. Lea, Sr., requesting that
Council convene in a Closed Meeting to discuss the 2017 Citizen of the Year
Award, pursuant to Section 2.2 -3711 (A)(10), Code of Virginia (1950), as
amended.
RECOMMENDED ACTION: Concurred in the request.
C -4 Annual Report of the Board of Zoning Appeals for the 2016 — 2017 fiscal
year.
RECOMMENDED ACTION: Received and filed.
C -5 Annual Report of the Architectural Review Board for the 2016 — 2017
fiscal year.
RECOMMENDED ACTION: Received and filed.
C -6 Reports of qualification of the following individuals:
The Honorable Onzlee Ware as a City representative (Juvenile and
Domestic Relations Court) of the Court Community Corrections
Program Regional Community Criminal Justice Board for a term of
office ending June 30, 2020;
Robert S. Cowell, Jr., as the City Manager for the City of Roanoke,
Virginia, effective September 5, 2017;
John B. Rottenborn as a member of the Mill Mountain Advisory
Board for a three -year term of office ending June 30, 2020;
J. Granger Macfarlane as a Roanoke City appointee of Western
Virginia Regional Industrial Facility Authority to fill the unexpired
term of Christopher P. Morrill ending February 3, 2018; and
Beatrice Schleupner as a member (Student/Patrick Henry High
School) of the Youth Services Citizen Board for a one -year term of
office ending June 30, 2018.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA:
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS: NONE.
7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE
CITY MANAGER:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
Repeal Budget Ordinance No. 40913 - 080717 adopted by the
Council on August 7, 2017, to correct fiscal year.
Adopted Budget Ordinance 40960 - 091817, as amended. (6 -0)
Authorization for acquisition of real property rights needed for the
Lakecrest Court and Greenlee Road Drainage Improvement
Project.
Adopted Ordinance No. 40961- 091817. (6.0)
3. Amendment of the FY2018 budget in connection with admissions
tax revenue collected at the Berglund Center.
Adopted Budget Ordinance No. 40962- 091817. (6 -0)
COMMENTS OF THE CITY MANAGER.
The City Manager shared the following comments:
• The City- County Communications and Marketing Association
recently recognized the city's Office of Communications and the
Office of Citizen Engagement for their Savvy Awards entries as
follows:
• The Silver Circle Award for "Bringing George Takei to
Roanoke" — Special Events — One -Time Event category
• The Award of Excellence for "The Holidays in Roanoke" -
Social Media — Best Campaign Use category
• The Award of Excellence for "Roanoke City Manager Search" -
Resident Participation category.
• Deschutes Brewery is sponsoring the 2017 Deschutes Go Cross
Race on Saturday and Sunday, September 30 and Oct. 1, at the
Fallon Park Cyclocross Course.
• Professional cyclists from all over the United States will race
for a $10,000 cash award.
• The race will also host a beer -mile run, a unique "cross- style"
running race, live music, Deschutes Brewery beer garden,
food trucks, and more.
• The "After Party" will be at the Deschutes Brewery tasting
room in downtown Roanoke.
• To participate, register at gocrossrace.com
• The CitvWorks (X)ao VII will be held October 5 through 7, in
Grandin Village.
o This is a national idea exchange and festival conference for
anyone who is passionate about the work of placemaking and
creating stronger communities.
o Now in its seventh year, the (X)po continues to start
conversations that can change the world by providing a
platform for sharing big ideas.
o The event includes an Action Team focused on turning (X)po
Ideas into (X)po Action, and a new Youth (X)po program
focused on equipping young people to be change agents.
o Tickets are available at cityworksxpo.com.
8. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation of
funds for various educational programs; 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. 40963-091817. (6 -0)
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
a. A resolution designating a Voting Delegate, Alternate Voting Delegate for
the Business Session and Staff Assistant for the Annual Virginia Municipal
League Business Meeting to be held on Monday, October 2, 2017 in
Williamsburg, Virginia.
Adopted Resolution No. 40964-091817. (6 -0)
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and /or comments by the Mayor and Members of City Council.
Mayor Lea announced that Jen Sosnowski, a Science Teacher,
Community High School in Roanoke, was a grand prize winner on
Jeopardy, the game show. He asked that Ms. Sosnowski be
recognized at a future Council Meeting.
He also announced that City Council will convene as the Sole
Stockholder of the Greater Roanoke Transit Company at 4:00 p.m., in
the Council Chamber, to convene in a Closed Meeting to discuss
and /or consider acquisition of real property for a public purpose
and /or disposition of real property owned by Greater Roanoke
Transit Company, generally known as Campbell Court, located at
Salem Avenue, S. W., and Campbell Avenue, S. W., in Roanoke,
Virginia, and bearing Official Tax Map Nos. 1011105, 1011106,
1011107, 1011108, 1011109, 1011110, 1011116, 1011117, 1011118,
1011119, 1011120, 1011122, and 1011129, pursuant to Section
2.2 3711(A)(3), Code of Virginia (1950), as amended.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council. To be discussed in Closed Meeting.
12. RECESS - 3:03 p.m.
Mayor Lea relinquished the Chair to Council Member Trinkle, former Vice -
Mayor and Senior Member of the Council, to preside over the Closed
Meeting; and thereafter, left the meeting.
THE COUNCIL MEETING WAS DECLARED IN RECESS FOR A CLOSED MEETING
IN THE COUNCIL'S CONFERENCE ROOM; AND THEREAFTER, TO BE
RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER.
ROANOKE CITY COUNCIL
REGULAR SESSION
SEPTEMBER 18, 2017
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order - -Roll Call. All Present.
The Invocation was be delivered by The Reverend Dr. Brian E. Smith,
Senior Pastor, First Baptist Church (Roanoke).
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Sherman P. Lea, Sr.
Welcome. Mayor Lea
CERTIFICATION OF CLOSED MEETING. (5 -0, Mayor Lea and Vice -
Mayor Price abstained from voting, due to being absent during the
Closed Meeting.)
Appointed Jolan Yow to fill the unexpired term of Ssunny Shah
ending March 31, 2018; and Jared Rigby to fill the unexpired term of
Steve Stinson ending March 31, 2019 as members of the Parks and
Recreation Advisory Board.
Reappointed Landon Howard and Ssunny Shah as members of the
Roanoke Civic Center Commission for three -year terms of office,
each, ending September 30, 2020.
Reappointed Katherine Coffield and appointed Bill Mason to replace
Aaron Copeland as members of the Architectural Review Board for
four -year terms of office, each, ending October 1, 2021.
Reappointed Vickie H. Bibee and Duke Baldridge as Directors of the
Economic Development Authority for four -year terms of office, each,
ending October 20, 2021. (City Attorney to prepare proper measures
for adoption by the Council at its meeting on October 5, 2017.)
Appointed Jackie Clewis, Risk Manager (Classified Service), to
replace Carolyn Barrett (Protected Class /Citizen at Large) as a
member of the Personnel and Employment Practices Commission for
a term ending June 30, 2020.
Appointed Christina Hatch as a member of the Roanoke
Neighborhood Advocates to fill the unexpired term of office of Scott
Horchler ending June 30, 2019.
Appointed Robert S. Cowell, Jr., City Manager, to replace
Sherman M. Stovall, Acting City Manager /Assistant City Manager for
Operations, as a City representative of the Roanoke Valley
Broadband Authority for a term ending December 12, 2019.
Appointed William Sellari to replace Kelvin C. Bratton as a member
of the Mill Mountain Advisory Board ending June 30, 2020.
Reappointed Joseph A. Wood (Tower) as a member of the Towing
Advisory Board for a three -year term of office ending October 31,
2020.
NOTICE:
Tonight's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, September 21 at 7:00 p.m., and Saturday, September 23 at
4:00 p.m.; and video streamed through Facebook Live at
facebook .com /roanokecitycouncil. Council meetings are offered with closed
captioning for the hearing impaired.
A. PRESENTATIONS AND ACKNOWLEDGEMENTS:
A resolution memorializing the late Frank N. Perkinson, Jr., a former Council
Member and community leader.
Adopted Resolution No. 40965 - 091817. (7 -0)
Ceremonial resolution was presented to Mrs. Ginger Parkinson.
Recognition of Virginia Western Community College CCAP Students.
CCAP Students were presented Certificates of Achievement and All-
America lapel pins during visit in the Mayor's Office, prior to the Council
Meeting.
B. PUBLIC HEARINGS:
1. Receive public comments on the City's Draft 2016 - 2017 Consolidated
Annual Performance and Evaluation Report (CAPER) for its Federal
Housing and Urban Development (HUD) Funded Programs.
No action taken. Resolution to be adopted at the Recessed Meeting
on Friday, September 22, 2017, at 8:30 a.m., at the Raleigh Court
Branch Library.
At this point, Council Member Garland left the Council Chamber. (7:27 p.m.)
2. Continuation of the matter with regard to a proposal of the City of Roanoke
to sell approximately 1.4 acres of land and improvements, known as the
former Fishburn Park Caretaker's Cottage, located at 2424 Brambleton
Avenue, S. W., to Lora J. Katz, in order to restore the building and use it
for a single family residence. (Public hearing was conducted at the
August 21, 2017 Council Meeting.)
Adopted Ordinance No. 40966 - 091817, as amended. (6 -0, Council
Member Garland was not present when the vote was recorded
inasmuch as he had previously advised of a personal conflict of
interest at a prior Council meeting)
At this point, Council Member Garland entered the meeting. (8:49 p.m.)
C. 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.
Kevin Davies, Boones Mill, Virginia.
D. RECESSED - 8:56 P.M.
THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL FRIDAY,
SEPTEMBER 22, 2017 AT 8:30 A.M., IN THE COMMUNITY ROOM, RALEIGH
COURT LIBRARY, 2112 GRANDIN ROAD, S. W., FOR THE ANNUAL
STRATGEIC PLANNING WORK SESSION.
10
September 19, 2017
Monsignor Joseph P. Lehman
Our Lady of Nazareth Catholic Church
2505 Electric Road, S. W.
Roanoke, Virginia 24018
Dear Monsignor Lehman:
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, September 18, 2017.
It was a pleasure meeting you and look forward to having you return to deliver
invocations at future Council meetings.
_SmcqTIy,
`fin n
Stephanie M. Moon Reyn \ \o17Js,�MM
City Clerk
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CITY OF ROANOKE
OFFICE OF THE CITY CITRK
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Asslslmtl Uepnp' ('ily Clerk
September 19, 2017
Monsignor Joseph P. Lehman
Our Lady of Nazareth Catholic Church
2505 Electric Road, S. W.
Roanoke, Virginia 24018
Dear Monsignor Lehman:
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, September 18, 2017.
It was a pleasure meeting you and look forward to having you return to deliver
invocations at future Council meetings.
_SmcqTIy,
`fin n
Stephanie M. Moon Reyn \ \o17Js,�MM
City Clerk
41k ... I
Oj/ice ollv il?e' Mayor
Y OF
ROANOKE
t1angion
CONSTITUTION WEEK
brhsttnaion of the United Stales ofAnreriea, the gain than of
betties, is a product of reflection and choice, embodying the
iples of limited gn,,ne rasa in a Republic dedicated to rule by
tmv, not by turn,
WHEREAS, September 17, 2017, marks tie 230tH anniversary ofthe drafting of
the Constitution of the United States of America by the
Condo Tonal C'onvenlion
WHEREAS, 11 is fitting and proper ro accord e ictai recognition in thls
magnificent domouent and the anniversary of its creation, and to
the pairiatic celebrations which will conunemm'at, the occasion;
and
WHEREAS, Public Law No. 915 guarantees the issuing ofa proclamation each
rem by the President of the United Stales of America designating
September 17 through September 23 as Constitution Week.
NOW, THEREFORE, 1,, Sherman P. Lea, St , Mayor of the City of Roanoke,
Virginia, do hereby proelainh September 17 through 23, 2017, throughout this
great, seven -time At1- Annoica City as Constautton Week.
Given ander our hands and the Seal of the City of Roanoke this eighteenth day of
September in tlhe year t vo thmtsand and seventeen.
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CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S. W., SUITE 452
n,
ROANOKE, VIRGINIA 24011 -1594
TELEPHONE. 3153 -'_44a
FAX ISao3 )853 xs3 -I ws
SHERMAN P. LEA, SR. EMAIL'. MAYOR,:ROANOKCVAGOV
M.a
September 18, 2017
The Honorable Vice -Mayor Anita J. Price and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Vice -Mayor Price and Members of Council:
This is to request a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2- 3711(A)(1),
Code of Virginia (1950), as amended. A list of current vacancies is included with the
agenda for this meeting.
Sincerely,
erman F
Mayor
SPL:ctw
COMMITTEE VACANCIES /REAPPOINTMENTS
September 18, 2017
Public
VACANCIES:
Term of office on the Personnel and Employment Practices Committee ending June 30, 2020.
Term of office on the Mill Mountain Advisory Board ending June 30, 2020.
Unexpired term of office on the Roanoke Neighborhood Advocates ending June 30, 2019.
Term of office on the Roanoke Redevelopment and Housing Authority ending August 31, 2021.
Term of office on the Visit Virginia's Blue Ridge, Board of Directors ending June 30, 2018.
Two terms of office (Citizen At- Large) ending June 30, 2019; a term of office (Student) ending
June 30, 2018; and an unexpired term of office (Public Sector) ending June 30, 2018 on the Youth
Services Citizen Board.
September 18, 2017
The Honorable Vice -Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is to request a Closed Meeting to discuss the 2017 Citizen of the Year Award,
pursuant to Section 2.2 -3711 (A)(10), Code of Virginia (1950), as amended.
Sincerely,
erman PC�La, , Sr.
Mayor
SPL:ctw
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCHAVENUP S. W., SUITE 452
V� GrRC {�Nr�/
ROANOKE, VIRGINIA 24011 -1594
rr2.EPHONE. an
)953.114.
PAX: (540)BSJ�IIJS
SHERMAN P. LEA, SR.
EVAII X1 /A0R(,IR0AN0K1VA_c0V
Ma}'or
September 18, 2017
The Honorable Vice -Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is to request a Closed Meeting to discuss the 2017 Citizen of the Year Award,
pursuant to Section 2.2 -3711 (A)(10), Code of Virginia (1950), as amended.
Sincerely,
erman PC�La, , Sr.
Mayor
SPL:ctw
BOARD OF ZONING APPEALS SUMMARY
The Board of Zoning Appeals considered 33 applications during FY2017. Below
is a summary of the applications and their disposition.
There were nine (9) regular public hearings held in this fiscal year.
Frederick W. "Whit" Bromm
9 of 9
Antwyne U. Calloway
4 of 4 (Term started Jan 201 7)
Terry Wayne Cundiff
7 of 7 (Term ended Feb 2017)
Marcus E. Huffman
8 of 9
Drew H. Kepley
4 of S (Term ended Dec 2016)
Robert H. Logan
8 of 9
Bryan A. Musselwhite
6 of 9
Walton I. Rutherfoord
1 of 2 (Term started Feb 201 7)
W. Michael Woolwine
8 of 9
ARCHITECTURAL REVIEW BOARD SUMMARY
The Architectural Review Board considered 62 applications during FY201 7.
Below is a summary of the applications and their disposition.
There were twelve (12) regular public hearings and one (1) special meeting held
in this fiscal year.
Aaron Copeland
9 of 13
Mary Dykstra
2 of 3 (Term ended Oct 2016)
John Fulton
10 of 13
Katherine Coffield Gutshall
12 of 13
William "Bill" Hume
9 of 13
John Missell
8 of 10 (Term started Oct 2016)
Duane "David" Parr
6 of 13
Christopher Vail
10 of 13
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Robert S. Cowell, Jr., 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 Manager for the City of Roanoke, Virginia, according to
the best of my ability, effective September 5, 2017. (So help me God).
ROBERTS. COWELL, JR.
The foregoing oath of office was taken, sworn to, and subscribed before me by
Robert S. Cowell, Jr., this S Vay of . 2017.
OF
Es° i CITY OF ROANOKE
OFFICE OF TIIL CITY CLERK
215 ('hm'eh Avenue, S. W., Rno1n 456
Roanoke, Virginia 24011 -1536
l'elop Lnnc: (540)853 -2541
fur: (411) 8531145
5141'II %NII M N100NH1'I1N0I.DS,NIN( P:nmO; rl cr6U'nu,nukO °1'CU° f H FILIA F. NIf(01'
('i1, (1111, M,W, ('it, ('Irrk
September 19, 2017
Aisha Johnson
Assistant to the City Manager
Roanoke, Virginia
Dear Ms. Johnson:
('4:('f LIA'1. WL'116,f N1('
A,sM,nl Depmc ('i1, ('1111,
This is to advise you that Beatrice Schleupner has qualified as a (Student) member of
the Youth Services Citizen Board for a one -year term of office ending June 30, 2018.
Sincerely,
� m.�y
Stephanie M. Moon Reynol M
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Beatrice Schleupner, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member (aAlimmok Student/ Patrick Henry High School) of the
Youth Services Citizen Board, for a one -year term of office ending June 30, 2018,
according to the best of my ability. (So help me God)
"/
BEATRJ E SCHLEUPNER
The foregoing oath of office was taken, swom to, and subscribed before me by
Beatrice Schleupner this ��day of P/7% S 7.
Brenda S. Hamilton. Clerk of the Circuit Court
(� ?�
CITY OF ROANOKE
OFFICE OFTHE CITY CLERK
215 Church Avenue, N. W., Roam 456
53fi
Rmmke,Vh'ginia 224011-1530
Tc : l
Fa,: (5 -011) 85 3-114q
S1 EPHANIE M. MOON REYNOLDS, MAC
E-ni: d uk(nromlok:..gnr
('L(FLIAP.M((YIY
('il,'('Icrk
Ilnpnh'('iry'('Irrk
C E('LI.IA 1.. W EBB, (TI(
A,,W;.al 1)eVn(r 01, ('Imk
September 19, 2017
Krystal Hullette, Director
Court and Community Services
1717 Peters Creek Road, N. W.
Roanoke, Virginia 24017
Dear Ms. Hullette:
This is to advise you that the Honorable Onzlee Ware has qualified as a City
representative (Juvenile and Domestic Relations Court) of the Court Community
Corrections Program Regional Community Criminal Justice Board for a term of office
ending June 30, 2020.
Sincerely,
4Z"-�A. O�,flti
Stephanie M. Moon Rey
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, The Honorable Onzlee Ware, do solemnly swear (or affirm) that I will support
the Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge and
perform all the duties incumbent upon me as a City representative (Juvenile and
Domestic Relations Court) of the Court Community Corrections Program Regional
Community Criminal Justice Board for a term of office ending June 30, 2020, according
to the best of my ability. (So help me God.)
ONZILEEVARE
The foregoing oath of office was taken, sworn to, and subscribed before me by The
Honorable Onzlee Ware this L day 0017.
Brenda S. Hamilton, Clerk of the Circuit Court
BRENDA S. HAMILTON, CLERK
CITY OF ROANOKE
OFFICE OF "FIE CITY CLERK
215 ('parch Acenlle, S. W., Room 456
I(oanoke, Virginia 24011 -1536
1 d1"kn nn: (540) 853-254 1
F., ,: (5411)X53 -1145
Kr ITHAN IV M. MOON NF. \'NO LOS, MINI( F n,AL Aerk(nrnunnkcvn,Cnv CECELIA F. MCCOY
Cin' ('lurk Depio City Clerk
('ECELIA T. WEBB, CM('
Asrisomt Deputy ('itv ('lerk
September 19, 2017
Nicole Ashby, Secretary
Mill Mountain Advisory Board
Roanoke, Virginia
Dear Ms. Ashby:
This is to advise you that John B. Rottenborn has qualified as a member of the Mill
Mountain Advisory Board for a three -term of office ending June 30, 2020.
Sincerely,
_A rn" ° 4-
Stephanie M. Moon Rey s, C
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, John B. Rottenborn, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Mill Mountain Advisory Board for a three -year
term of office ending June 30, 2020, according to the best of my ability. (So help me
God.)
VOHN B. ROTTENBORN
The foregoing oath of office was taken, sworn to, and subscribed before me by
f
John B. Rottenborn this IC day of r.��'.�+Q017.
Brenda S. Hamilton, Clerk of the Circuit Court
By 40 (h A i Clerk
September 19, 2017
Brent Robertson, Secretary
Western Virginia Regional Industrial Facility Authority
Franklin County
County Administrator
1255 Franklin Street, Suite 112
Rocky Mount, Virginia 24151
Dear Mr. Robertson:
This is to advise you that J. Granger MacFarlane has qualified as a City representative
of the Western Virginia Regional Industrial Facility Authority to fill the unexpired term of
Christopher P. Morrill, ending February 3, 2018.
Sincerely, y^ r
Stephanie M. Moon Rey Ids, M
City Clerk
CQ) ITY OF ROANOKE
Q)
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
'relephonm (540)853 -2541
Nex: (540)853 -1145
STEPHANIE M. MOON REYNOLDS, MMC
E-u�nll: dcrk�iJroanokevn.gov
CECELIA F. MCCOY
City Clerk
Deputy City Clerk
CECELIA T. WEBB, CMC
At,k put Depots City Clerk
September 19, 2017
Brent Robertson, Secretary
Western Virginia Regional Industrial Facility Authority
Franklin County
County Administrator
1255 Franklin Street, Suite 112
Rocky Mount, Virginia 24151
Dear Mr. Robertson:
This is to advise you that J. Granger MacFarlane has qualified as a City representative
of the Western Virginia Regional Industrial Facility Authority to fill the unexpired term of
Christopher P. Morrill, ending February 3, 2018.
Sincerely, y^ r
Stephanie M. Moon Rey Ids, M
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, J. Granger Macfarlane, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a Roanoke City appointee of Western Virginia Regional
Industrial Facility Authority to fill the unexpired term of Christopher P. Morrill ending
February 3, 2018, 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 J.
Granger Macfarlane this �ay of j�s -_ 2017.
Brenda S. Hamilton, Clerl of the Circuit Court
�^�, Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of September, 2017.
0
No. 40960 - 091817.
AN ORDINANCE repealing Ordinance No. 40913 - 080717, appropriating funding
from the Commonwealth of Virginia's Office of Emergency Medical Services to support
paramedic training programs, 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 as follows:
Ordinance No. 40913 - 080717 is hereby REPEALED.
2. 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
Training and Development 35- 520 - 3719 -2044 $ 10,200
Revenues
GEMS VDH Paramedic Course Grant FYI 35- 520 - 3719 -3719 10,200
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:
��.e�
City Clerk.
eCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 18, 2017
Subject: Budget Ordinance Fiscal Year Correction
Background
On August 7, 2017 City Council approved Budget Ordinance 40913- 080717
appropriating funding from the Commonwealth of Virginia's Office of
Emergency Medical Services to support paramedic training programs. The grant
was awarded May 1, 2017 with a period that runs from May 1, 2017 through
April 30, 2018. The first reimbursement was received on June 28, 2017.
Considerations:
The Budget Ordinance approved the appropriation of the funds in Fiscal Year
2017 -2018 when the correct fiscal year for the appropriation should have been
Fiscal Year 2016 -2017.
Recommended Action:
Repeal Budget Ordinance 40913-080717 and adopt a similar Budget Ordinance
for $10,200 that references the correct fiscal year of Fiscal Year 2016 -2017.
Robert S. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
Sherman Stovall, Assistant City Manager for Operations
Amelia Merchant, Acting Director of Finance
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of September, 2017.
No. 40961 - 091817.
AN ORDINANCE providing for the acquisition of real property rights needed by the
City in connection with the Lakecrest Court and Greenlee Road Drainage Improvement Project
( "Project"); authorizing City staff to acquire such property rights by negotiation for the City;
authorizing the City Manager to execute appropriate acquisition documents; 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. The City wants and needs certain real property rights, to include permanent
easements of variable length and width, temporary easements, and such other real property
interests as needed, as set forth in the City Council Agenda Report dated September 18, 2017, for
the Project, located along the Greenlee Road, S.W., Roanoke, Virginia, corridor and surrounding
streets. 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 interests 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), and such other real property interests needed for
the Project, for such consideration as deemed appropriate for the necessary interests, provided,
however, the total consideration offered or expended, including costs, title search fees, appraisal
costs, recordation fees, and other related costs shall not exceed the funds available in the
Project's account for such purposes, without further authorization of Council. Upon the
0 Auftk.n c acquis of prop rights- Lakecmet Court & (heenlee Rd Drainage II Pmvement Protect (9- t9 -17)
acceptance of any offer and upon delivery to the City of appropriate acquisition documents,
approved as to form by the City Attorney, the Director of Finance is authorized to pay the
respective consideration to the owners of the real property interest conveyed, certified by the
City Attorney to be entitled to the 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 " 'rk.�{'^
O- Anthorivs aognis of prop eights- Lzkecren Court & Greenlee Rd Drainage Improvement Project (9- I8 -19)
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 18, 2017
Subject: Acquisition of Real Property Rights for Lakecrest Court and
Greenlee Road Drainage Improvement Project
Background:
As part of the FY 2018 Capital Improvement Program, City Council appropriated
$2.0 million for stormwater improvement projects. These appropriated funds
will be matched with $1.53 million in Virginia Department of Environmental
Quality Stormwater Local Assistance Funds plus an additional $650,000 in
Stormwater Utility operating funds.
One of the projects to be funded by this combined FY 2018 funding
appropriation is the Lakecrest Court and Greenlee Road Drainage Improvement
Project which includes a combination of new culverts, storm drain inlets and
associated piping, re- establishing and improving existing conveyance channels.
This neighborhood lacks stormwater conveyance
evidenced by flooding affecting private properties
Road corridor. In order to construct, operate,
improvements, the City will need to acquire real
private property owners.
Considerations:
systems in some areas as
primarily along the Greenlee
and maintain the proposed
property rights from various
City Council action is necessary to authorize the acquisition of real property
rights needed for the Lakecrest Court and Greenlee Road Stormwater Drainage
Improvement 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 - 3010 -3014 Stormwater Utility.
Along with rights of access, permanent drainage and temporary construction
easements of variable length and width are required to accommodate
construction activities and will affect seven properties in the general vicinity
identified above. The City may also need to acquire various other property
rights involving the properties 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
William L. Sibley
IV & Judith C.
Permanent Drainage Easement
5150110
4421 Eton Rd., S.W.
Sibley
William L. Sibley
Permanent Drainage Easement
IV & Judith C.
5150102
0 Greenlee Rd., S.W.
Sibley
Paul G. Jamison
Permanent Drainage Easement
4605 Greenlee Rd.,
and Rebecca W.
5150701
S.W.
Jamison
Sherrill Worth
Permanent Drainage Easement
Stockton, III and
4536 Greenlee Rd.,
Djuna Lauren
5150103
S.W.
Osborne
Beth F. Smith,
Permanent Drainage Easement
Successor Trustee
Under the C. Cecil
Flora
0 Crestmoor Dr.,
Testamentary
5150401
S.W.
Trust, et al.
Temporary Construction Easement
5150101
4627 Eton Rd., S.W.
Don E. McKinney
Temporary Construction Easement
5150111
0 Eton Rd., S.W.
Don E. McKinney
Recommended Action:
Authorize the acquisition of any and all real property rights needed to construct
the proposed Lakecrest Court and Greenlee Road Storm Drainage Improvement
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.
- -- _ - --
Robert S. Cowell. Jr.
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
Amelia C. Merchant, Acting Director of Finance
Robert K. Bengtson, P.E., Director of Public Works
Dwayne R. D'Ardenne, CSM, PWM, Stormwater Manager
Jack Ellinwood, Civil Engineer I L.A. ENV SP
Cassandra L. Turner, Economic Development Specialist
00
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of Septcinber. 2017.
No. 40962 - 091.817.
AN ORDINANCE appropriating admissions tax from the Roanoke Civic Center
— Berglund Center, amending and reordaining certain sections of the 2017 -2018
General Fund and Civic Facilities Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2017 -2018 General Fund and Civic Facilities Fund Appropriations be,
and the same are hereby, amended and reordained to read and provide as follows:
General Fund
Appropriations
Transfer to Civic Facilities —
Admissions Tax 01- 250- 9310 -9605 $ 456,000
Revenues
Admissions Tax — Civic Facilities 01- 110 - 1234 -0227 456,000
Civic Facilities Fund
Appropriations
CC Global Spectrum Expense 05 -550- 2105 -2401 456,000
Revenues
Transfer from General Fund 05- 110 - 1234 -0951 456,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
° CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 18, 2017
Subject: Admission Tax - Roanoke Civic Center - Berglund Center
Background
An admission tax is levied on the amount paid for the admission to any place of
amusement or entertainment. The rate of the admission tax is nine (9) percent
of the stated admission charge for each person admitted or for each ticket sold
at any of the venues at the Roanoke Civic Center - Berglund Center and five and
one -half (5.5) percent at all other places of amusement or entertainment.
Section 58.1 -3840, Code of Virginia, permits the assessment of an admission
tax at a higher rate for civic centers owned by the locality.
The Roanoke Civic Center retained revenue derived from the admission tax in
the Civic Center Fund to offset operating expenses. This practice continued
when management of the Civic Center was contracted with Global Spectrum.
Admission tax revenue is retained in the Global Spectrum operating account.
The Municipal Auditor has recommended that admission tax revenue collected
at the Roanoke Civic Center - Berglund Center should be recognized in the
General Fund to conform with Generally Accepted Accounting Principles.
Considerations:
City Council approval is required to establish a revenue estimate in the General
Fund for admission tax revenue collected at the Roanoke Civic Center -
Berglund Center. This revenue will be transferred to the Roanoke Civic Center
- Berglund Center for the purpose of offsetting operating expenses.
Recommended Action:
Adopt the accompanying budget ordinance authorizing the Director of Finance
to establish a revenue estimate in the General Fund in the amount of $456,000
for admission tax revenue collected at the Roanoke Civic Center - Berglund
Center and appropriate funding in the same amount to an expenditure account.
- - - - - -- --------------- --
Robert S. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
Amelia C. Merchant, Acting Director of Finance
Robyn Schon, General Manager, Berglund Center
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of September, 2017.
No. 40963 - 091817.
AN ORDINANCE to appropriate funding from the Federal and Commonwealth grants and
the Schools general funds for various educational programs, amending and reordaining
certain
sections of the 2017 -2018 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
2017 -2018 School Grant Fund
Appropriations be, and the same are hereby,
amended and
reordained to read and provide as
follows:
Appropriations
Social Security
302- 110- RPLU - 0050 - 332K - 61100 - 41021 -0 -06
$ 3,213
Teachers
302- 110 - RPLU - 0050 - 332K - 61100 - 41121 -0-06
42,000
Social Security
302 - 110 - RPLU - 0350 - 332K - 61100 - 41021 -0-06
3,213
Social Security
302- 110 -RPLU - 0350 -332K- 61100- 41021 -0 -06
3,213
Social Security
302 - 110 - RPLU - 0350 - 332K - 61100 - 41021 -0-06
3,203
Social Security
302- 110 - RPLU - 0350 - 332K - 61100 - 41021 -0-06
3,211
Teachers
302 - 110 - RPLU - 0350 -332K- 61100- 41121 -0 -06
42,000
Teachers
302 - 110 -RPLU- 0350 -332K- 61100- 41121 -0 -06
42,000
Teachers
302 - 110 -RPLU- 0350 -332K- 61100- 41121 -0 -06
41,973
Teachers
302 - 110 -RPLU- 0350 -332K- 61100 - 41121 -0 -06
41,973
Social Security
302 - 110 -RPLU- 0420 -332K- 61100- 41021 -0 -06
3,213
Teachers
302- 110- RPLU - 0420 - 332K - 61100 - 41121 -0-06
42,000
Teachers
302 - 120 - 0000 - 0000 -111M- 61100- 41121 -9 -02
190,118
Social Security
302- 120-0000-0000-111M - 61100-42201 -9-02
2,282
Virginia Retirement System
302 -120 -0000- 0000 -111M- 61100- 42202 -9 -02
24,391
Teachers
302 - 120 - 0000 - 0000 -121M- 61100 - 41121 -9 -02
8
Social Security
302- 120-0000- 1050 - 330M - 61410 - 42201 -9-09
510
VRS
302 - 120 -0000- 1050 -330M- 61410- 42202 -9 -09
354
Prof Food Services
321 - 320 - 0000 - 0050 -168M- 65100 - 43314 -2 -00
40,808
Prof Food Services
321 -320-0000-0060-168M-65100 - 43314-2-00
19,174
Prof Food Services
321 - 320 - 0000 - 0070 - 168M - 65100 - 43314 - 2-00
22,643
Prof Food Services
321 -320 - 0000-0110- 168M - 65100 - 43314 - 2 - 00
22,959
Prof Food Services
321 - 320 - 0000 - 0220 - 168M - 65100 - 43314 - 2 - 00
30,591
Prof Food Services
321 - 320 - 0000 - 0300 - 168M - 65100 - 43314 - 2 - 00
20,057
Prof Food Services
321 -320-0000- 0330 - 168M - 65100 - 43314-2-00
28,572
Prof Food Services
321 - 320 - 0000 - 0340 - 168M - 65100 - 43314 - 2 -00
19,048
Prof Food Services
321 - 320 - 0000 - 0350 - 168M - 65100 - 43314 - 2 - 00
49,891
Prof Food Services
321 - 320 - 0000 - 0370 - 168M - 65100 - 43314 - 2 - 00
38,349
Prof Food Services
321 - 320 - 0000 - 0410 - 168M - 65100 - 43314 - 2-00
30,717
Prof Food Services
321 - 320 - 0000 - 0420 - 168M - 65100 - 43314 - 2 - 00
24,535
Prof Food Services
321- 320 -0000- 0430 -168M- 65100- 43314 -2 -00
39,168
Revenues
Federal Grant Receipts 302 - 000 - 0000 - 0000 - 111 M - 00000 - 38027 - 0 - 00 $ 216,791
Federal Grant Receipts 302 - 000 - 0000 - 0000 - 121M - 00000 - 38173 - 0 - 00 8
State Grant Receipts 302 - 000 -0000 - 0000 -330M - 00000 - 32418 -0 -00 864
Local Match 302- 000 -GMAT- 0000 -332K- 00000- 72000 -0 -00 271,212
Federal Grant Receipts 321 - 000 - FFVP - 0000- 168M - 00000 - 38582 - 0 - 00 386,512
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
TT T y�- Md�'�
i�� r, Nc,J I
City Cle
September 18, 2017
The Honorable Sherman P. Lea, Sr., Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As a result of official School Board action on Tuesday,
September 12, 2017, the Board respectfully requests that City
Council approve the following appropriation requests:
New Appropriation Award
Fresh Fruits and Vegetable Program 2017 -18 $386,512.27
Revised Appropriations Additional Award
IDEA Part B, Section 611 Flow Through 2017 -18 $216,791.00
IDEA Part B, Section 619 Preschool 2017 -18 $8.00
Special Education in Jails 2017 -18 $863.74
Start -up Grant for Extended School Year 2015 -16 $271,212.20
On behalf of the School Board, thank you for your consideration
Sincerely,
Cindy H. Poulton, Clerk
pc: Dan Callaghan
Rita D. Bishop
Bob Cowell
Kathleen Jackson
Amelia Merchant
HoRi Salyers (w /details)
Annette Lewis
ROANOKE CITY
PUBLIC SCHOOLS
School Board
Annette Lewis
Chairman
Mark K. Cathey
Vice Chairman
William B. Hopkins, Jr.
Elizabeth C. S. Jamison
Laura D. Rottenborn
Lutheria H. Smith
Dick Willis
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerk of the Board
ww.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031
Meeting: September 18, 2017
Subject: School Board Appropriation Request
Background:
As the result of official Roanoke City School Board action at its September 12, 2017 meeting, the
Board respectfully requested that City Council appropriate funding as outlined in this report.
The 2015 -16 Start -Up Grant for Extended School Year grant award from the Virginia Department of
Education assists the school division in establishing year round programs with a goal to provide
greater opportunity for remediation and enrichment while reducing the potential for a decline in
academic skills when school is not in session. This program receives funding up front from the
grantee and was extended for funds not used. The extension required there to be an additional 20%
local match expended during the extension period. The program has ended effective June 30, 2017
and the local match required is $271,212.
The 2017 -18 Flow Through grant award of $216,791 from the Disabilities Education Act, Part B,
Section 611 provides aid for the education and guidance of students with disabilities. This grant will
be reimbursed by federal funds and will end September 30, 2019. This is a continuing program.
The 2017 -18 Preschool grant award of S8 from the Disabilities Education Act, Part B, Section 619
provides funding to support early childhood educational services for students with disabilities. This
grant will be reimbursed by federal funds and will end September 30, 2019. This is a continuing
program.
The 2017 -18 Special Education in Jails grant award of $864 provides funding for a special education
teacher to serve the Roanoke City Jail and the administrative support associated with those services.
This grant will be reimbursed by state funds and will end March 31, 2018. This is a continuing
program.
The 2017 -18 Fresh Fruits and Vegetables program grant award of $386,512 from the US Department
of Agriculture provides funds to assist the schools in providing a fresh fruit or vegetable snack
during the school day. This program is intended to create healthier school environments by
providing healthier food choices, expand the variety of fresh fruits and vegetables students
experience, increase students' consumption of fresh fruits and vegetables, and make a difference in
students' diets to impact their present and future health. This grant will be reimbursed by federal
funds and will end June 30, 2018.
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.
Amelia Merchant
Acting 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
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
REVISED APPROPRIATION REQUEST
Start-up Grant for Extended School Year 2015.16
332K
Onginal
Changes
Final
Expense
Description
Budaet
Reauesled
Bind et
302 -
110
- RPLU
-0050
-332K
-61100
-41121
-0
-06
Teachers
$
157,500.00
$ 42,000.00
$ 199,500.00
302 -
110
- RPLU
-0050
-332K
-61100
-41021
-0
-06
Substitutes
2,250.00
2,250.00
302 -
110
- RPLU
-0050
-332K
-61100
-41124
-0
-06
Site Manager
8,100.00
8,100.00
302 -
110
- RPLU
-0050
-332K
-61100
-42201
-0
-06
Social Security,
12,840.00
3,213.00
16,053.00
302-
110
- RPLU
-0050
-332K
-61100
-42202
-0
-06
VRS
9,993.00
9,993.00
302 -
110
- RPLU
-0050
-332K
-61100
-42200
-0
-06
Retiree Health Credit
1,164.00
1,164.00
302 -
110
- RPLU
- 0050
-332K
-61100
- 42205
- 0
-06
Group Life Insurance
1,332.00
1,332.00
302 -
110
- RPLU
-0050
-332K
-61`00
- 43343
-0
-06
Contracted Transportation (Buses)
100,076.18
100,076,18
302-
110
- RPLU
-0050
- 332K
-61100
- 45521
-0
-06
Postage
289.00
289.00
302-
110
- RPLU
-0050
- 332K
-61100
-4445G
-0
-06
Printing
213.82
213.82
Fallon
Perk
Subtotal
$
293,758.0
$ 45,213.00
$ 33$971.00
302 -
110
- RPLU
-0420
-332K
-61100
-41121
-0
-06
Teachers
$
131 25000
$ 42,000.00
$ 173,250.00
302 -
110
- RPLU
-0420
-332K
- 61100
- 41021
- 0
-06
Substitutes
3,750.00
3,750.00
302 -
110
- RPLU
-0420
-332K
- 61100
- 41124
- 0
-06
Site Manager
13,500.00
13,500.00
302 -
110
- RPLU
- 0420
-332K
-61100
- 42201
- 0
-06
Social Security
11,360.00
3,213.00
14,573.00
302 -
110
- RPLU
-0420
-332K
-61100
-42202
-0
-06
VRS
5,304.00
5,304.00
302 -
110
- RPLU
-0420
-332K
-61100
- 42200
-0
-06
Retiree Health Credit
618.00
61800
302 -
110
- RPLU
-0420
-332K
-61100
- 42205
-0
-06
Group Life Insurance
707.00
707.00
302-
110
- RPLU
-0420
-332K
-61100
-43343
-0
-06
Contracted Transportation (Buses)
88,961.19
88,961.19
302-
110
-RPLU
-0420
-332K
-61100
- 45521
-0
- 06
Postage
289.01
289.01
302 -
110
- RPLU
-0420
-332K
-61100
-44450
-0
- 06
Printing
213.81
213.81
Hurt Park Subtotal
$
255,953.01
$ 45,213.00
$ 301,166.01
302 -
110
- RPLU
-0350
-332K
-61100
- 41121
-0
-06
Teachers
$
157,500.00
$ 42,000.00
$ 199,500.00
302 -
110
- RPLU
- 0350
-332K
- 61100
- 41021
- 0
-06
Substitutes
2,250.00
2,250.00
302 -
110
- RPLU
-0350
-332K
-61100
-41124
- 0
-06
Site Manager
8,100.00
8,100.00
302 -
110
- RPLU
- 0350
-332K
-61100
- 42201
- 0
-06
Social Security
8,560.00
3,213.00
11,773.00
302 -
110
- RPLU
-0350
-332K
-61100
-42202
-0
-06
VRS
9,993.00
9,993.00
302-
110
- RPLU
-0350
-332K
-61100
-42200
-0
-06
Retiree Health Credit
1,164
00
1,164.00
302 -
110
- RPLU
-0350
- 332K
- 61100
-42205
-0
- 06
Group Life Insurance
1,33200
1,332.00
302 -
110
- RPLU
- 0350
- 332K
-61100
- 43343
-0
- 06
Contracted Transportation (Buses)
88,961
18
86,961.18
302 -
110
- RPLU
-0350
-332K
-61100
-45521
-0
-06
Postage
289.00
289.00
302 -
110
- RPLU
-0350
-332K
-61100
-44450
-0
-06
Printing
213.81
213.81
Westside Subtotal
$
278,362.99
$ 45,213.00
$ 323,575.99
302 -
110
- RPLU
-0350
-332K
- 61100
- 41121
- 0
-06
Teachers
$
90,768.82
$ 42,000.00
$ 132,768.82
302 -
110
- RPLU
-0350
-332K
-61100
-41021
- 0
-06
Substtutes
2,250.00
226000
302 -
110
- RPLU
-0350
-332K
-61100
-41124
-0
-06
Site Manager
8,100.00
8,100.00
302 -
110
- RPLU
- 0350
- 332K
- 61100
- 42201
- 0
-06
Social Security
12,840.00
3,213.00
16,053,00
302 -
110
- RPLU
-0350
-332K
-61100
-42202
-0
-06
VHS
9,993.00
9,99300
302 -
110
- RPLU
- 0350
-332K
-61100
- 42200
-0
-06
Retiree Health Credit
1,164.00
1,164.00
302 -
110
- RPLU
-0350
- 332K
-61100
-42205
-0
- 06
Group Life Insurance
1,332.00
1,332.00
302 -
110
- RPLU
-0350
-332K
-61100
- 43343
-0
-06
Contracted Transportation (Buses)
55,57500
55,575.00
302 -
110
- RPLU
-0350
-332K
-61100
-45521
-0
-06
Postage
289.00
289.00
302-
110
- RPLU
-0350
-332K
-61100
-44450
-0
-06
Printing
213.81
21381
Garden City
Subtotal
$
182,52563
$ 45,213.00
$ 227,738.63
302-
110
- RPLU
-0350
- 332K
-61100
-41121
-0
- 06
Teachers
$ 90,768.82
$ 41,973.00 $
132,741,82
302 -
110
- RPLU
-0350
-332K
-61100
-41021
-0
- 06
Substitutes
2,250.00
2,25000
302 -
110
- RPLU
-0350
-332K
-61100
-41124
-0
-06
Site Manager
8,100.00
8,100.00
302 -
110
- RPLU
-0350
-332K
-61100
-42201
-0
-06
Social Sewrity
12,840 00
3,203.27
16,043.27
302 -
110
- RPLU
-0350
-332K
-61100
-42202
-0
-06
VHS
9,993.00
9,993.00
302 -
110
- RPLU
-0350
-332K
-61100
- 42200
-0
-06
Retiree Health Credit
1,164.00
1.164.00
302 -
110
- RPLU
- 0350
-332K
-61100
- 42205
-0
-06
Group Life Insurance
1,332.00
1,332.00
302-
110
- RPLU
-0350
-332K
-61100
-43343
-0
-06
Contracted Transportation (Buses)
50,017.50
50.017.50
302-
110
- RPLU
-0350
-332K
-61100
-45521
-0
-06
Postage
289.00
289.00
302 -
110
- RPLU
-0350
-332K
-61100
- 44450
-0
-06
Printing
213081
21181
Lincoln Terrace
Subtotal
$ 176,96813
$ 45,176.27 $
222,144.40
302 - 110 - RPLU -0350 - 332K -61100 - 41121 -0 -06
302 - 110 - RPLU -0350 - 332K -61100 - 41021 -0 -06
302 - 110 - RPLU - 0350 - 332K -61100 -41124 -0 -06
302 - 110 - RPLU -0350 - 332K -61100 -42201 -0 -06
302 - 110 - RPLU -0350 - 332K -61100 - 42202 -0 - 06
302 - 110 - RPLU -0350 - 332K -61100 - 42200 -0 -06
302 - 110 - RPLU -0350 - 332K -61100 - 42205 -0 -06
302- 110 - RPLU -0350 - 332K - 61100 -43343 -0 -06
302- 110 - RPLU -0350 - 332K -61100 -45521 -0 -06
302- 110 - RPLU -0350 - 332K -61100 -44450 -0 -06
Roanoke Academy for Math and Science Subtotal
Total
Teachers
Substitutes
Site Manager
Stoat Security
VRS
Retiree Health Credit
Group Life Insurance
Contracted Transportation (Buses)
Postage
Printing
Revenue
302 - 000 - 0000 - 0000 - 332K - 00000 - 32421 - 0 -00 State Grant Receipts
302 - 000 - LMAT - 0000 - 332K - 00000 - 72000 - 0 - 00 Local Match
$ 90,768.81 $ 41,97100 $ 132,741.81
2,250.00
2,250.00
8,100.00
8,100.00
12,840.00
3,210.93
16,050.93
9,993.00
9,993.00
1,164.00
1,164.00
1,332.00
1,332.00
41,542.63
41,542.63
28900
289.00
213,80
213
80
$ 168,493.24 $ 45,183.93 $ 213,67717
$ 1,356,061.00 $ 271,212.20 $ 1,627,273.20
$ 1,356,061.00 $ 1,356,061.00
$ 271,212.20 271,212,20
$ 1,356,061.00 $ 271,212.20 $ 1,627,273.20
Hurt Park, Fallon Park, Roanoke Academy for Math and Science (RAMS), Lincoln Terrace, Garden City and Westside Elementary Schools have received
awards from the Virginia Department of Education for the 2015 -16 school year to assist the School Division in establishing year -round programs. The
goal of these programs is to provide greater opportunity for remediation and enrichmentwhile reducing the potential for a decline in academic skills when
school is not in session. This appmpriafion aligns the total with the revised award amount. This program will be fully funded by state funds and the
required local match, and ends June 30, 2017.
ROANOKE CITY SCHOOL BOARD
Roanoke,Vir9lnia
REVISED APPROPRIATION REQUEST
IDEA Part B, Saclion 611 Flow Through 201748
111M
The 2017 -18 Flow Through program prowess ale far me education and guidance of students with disabili4es. Roanoke City Public Schools award
allocation has been Increased as noted above. The apcooperation aligns the total with the revel award amount. The prcgrem will be folly reimbursed by
federal funds and will end September 30. 2019. This red continuing program.
Original
Changes
8O1Yeated
Final
&111901
Eap493C
302
- 120
-0000-
0000
-111M-
61100
- 41121
-9 -02
Deadiall9u
Teachers
Cut,
$1.936,89355
$190,11.58
52,127,01113
362
- 120
-ONO
0000
-111M-
61100
- 41124
-9 -02
Coordinators
111,842.67
11184267
302
- 120
-WOO
- 0000
-111M-
61100
- 41141
-9 -W
Classroom Aides
61,217.67
61,217,67
302-
120
-WOO-
0000
-111M-
61166
- 41129
-9 -02
Supplements
36,6a0 .0O
36,68600
302
-120
-ONO-
0000
-111M-
61100
- 42200
- 9 -02
Retiree Health Credit
26,770.57
26,770.57
302-
END000
- ONO
-111M-
61100
- 42201
-9 -02
Social Securiry
166,49990
2,282.41
168)82.31
302-
120
- 0000
- ONO
-111M-
51100
- 42202
-9 -02
Virginia Retirement System
319,07Od1
24,39101
343,481.42
302
-120-
0000
-ONO
-111M-
61100
-42204
-9 -02
Health Insurance
391)6448
391,764.48
302-
120
-W00
-ONO
-111M-
61100
- 42205
-9 -02
Group Life Insurance
28,511.75
28,51175
302
- 120
-0000
-DODO
-111M
- 61100
- 43311
-9 -02
Professional Services
10,600.00
70 000 00
302
-120-
0000
- ONO
-111M-
61100
- 45551
- 9 -02
TraveVMlleage
18,00000
18,000.00
302-
120
-W00-
0000
-111M-
61100
- 16614
-9 -02
Imswchanal Supplies
1W0ooO6
10000000
$3267,25100
$216,79100
$3,84.04200
Revenue
- 0000
- 0000
-111 M
W000
- 38027
- 0 - 00
FeUeral Grant Receipts
$ 3,267251.00
$ 216.79100
S 3,41
302
- 000
The 2017 -18 Flow Through program prowess ale far me education and guidance of students with disabili4es. Roanoke City Public Schools award
allocation has been Increased as noted above. The apcooperation aligns the total with the revel award amount. The prcgrem will be folly reimbursed by
federal funds and will end September 30. 2019. This red continuing program.
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
REVISED APPROPRIATION REQUEST
IDEA Part B, Section 619 Preschool 2017 -18
121M
The 2017- 18 IDEA Preschool award provides funding to support early childhood educational services for students with disabilities. This
appropriation aligns the total with the revised award amount. The program will be fully reimbursed by federal funds and will end September 30,
2019. This Is a continuing program.
Original
Changes
Final
Exoernse
Osgcri9lion
Budeet
lam$
Bucker
302
- 120
-0000
- 0000
-121M
-61100
-41121
-9
-02
Teachers
$ 60,921.00
$ 8.00
$ 60,929 00
302
- 120
- 0000
-0000
-121M
- 61100
- 41124
- 9
- 02
Coordinators
12,500.00
12,500.00
302
- 120
- 0000
- 0000
-121M
-61100
- 41129
-9
-02
Supplements
5,467.00
5,467.00
302
- 120
- 0000
- 0000
-121 M
- 61100
- 42200
- 9
- 02
Retiree Health Credit
583.00
583.00
302
- 120
-0000
- 0000
-121 M
- 61100
- 42201
- 9
- 02
Social Security
6,036.00
6,036.00
302
- 120
-0000
-0000
-121 M
-61100
-42202
-9
-02
Virginia Retirement System
9,749.00
9,749.00
302
- 120
- 0000
- 0000
-121M-
61100
-42204
-9
-02
Health Insurance
8,00700
8,00700
302-
120
- 0000
- 0000
-121M-
61100
-42205
-9
-02
Group Life Insurance
62500
625.00
302
- 120
- 0000
- 0000
-121 M
- 61100
-43311
-9
-02
Professional Services
5,000 00
5,000.00
302
- 120
-0000
-0000
-121 M
-61100
-45551
-9
-02
TravellMileage
7,346 00
7,346.00
302-
120
-0000-
0000
-121M
-61100
- 46614
-9
-02
Instructional Supplies
8,00000
8,00000
$124,234.00
$ 8.00
$124,242.00
Revenue
302
- 000
- 0000
- 0000
-121M
- 00000
- 38173
- 0
- 00
Federal Grant Receipts
$ 124 234.00
$ 8 00
$ 124,242.00
The 2017- 18 IDEA Preschool award provides funding to support early childhood educational services for students with disabilities. This
appropriation aligns the total with the revised award amount. The program will be fully reimbursed by federal funds and will end September 30,
2019. This Is a continuing program.
Expert
302- 120 -0000 - 1050- 33OM61100d1121 -409
302 -120 -0000 -1050 330M61 410 -011 51 -9 -09
302 -120 -0000 - 1050 -030M61410 - 42200 -9 -09
302 -120 -0000 - 1050 -WN 61410 42201 -9-09
302- 120 -0000 - 1050- 330M61410 42202 -9-09
302 -120 -0000- 1050- 330M81410- 422049 -04
302 -120 -0000 - 1050 -030M61310-06601-3-02
Revenue
302 -000 -0001 -330M -00000- 32418-0-00
ROANOKE CITY PUBLIC SCHOOLS
Roanoke, VA
REVISED APPROPRIATION REQUEST
Special Education in Jails 2017 -18
330M
Dee,aialrom
Teacher
0.5 FTE Administrative Support
Retiree Health Credit
Social Secunty
VRS
Heath/Dental
Group Life Insurance
Materials and Supplies
State Grant Receipts
Original Charges Final
BWcet RRagV s1 ted Budget
$ 6558100 $ 65,581.00
23.24900 23,24000
91202 912.02
6185.54 $ 509.95 6.795.49
12,81816 353.79 13,171.95
11,9338 11,573.36
97790 977.90
3,000.00 3.00000
$ 124,397.00 $ 663.74 $ 125.26074
The Special Edurad0n in Jails 2017-18 program provides state lending for a spacial education teacher to serve me Roanoke City Jail. Groh
funds also provide be adremismative smand associated with providing these services. This apptopriati0n aligns the total with Me remand
awaN amount The program will be fully reimbursed by state funds and will end March 31. 2018. Thislsaconlinuin9program.
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
NEW APPROPRIATION REQUEST
Fresh Frvlia and Vegetable Program 2017 -18
168M
Fairview, Fallon Par, Garden City, Highland Park, Hurt Park, Lincoln Terrace, Monterey, Momingsids, Preston Par, Roanoke Academy for Math and
Science (RAMS, Round Hill, Virginia Heights and Westrade Elementary Schools have been accepted as participants in the US Department of
Agriculture Fresh Fruit and Vegetable Program for 2017 -18. This program provides funding to assist the school in providing a fresh unit or vegetable
pack during the school day at times other than meal periods at least three times per week. The program Is intended to create healthier school
ants by providing healih'er food choices, expand the variety of fresh fruits and vegetables students experience, Increase students'
ump ton of fresh fruits and vegetables, and make a difference In students' diets to Impart their present and future healO. This program will be fully
reimbursed by federal funds and will end June UP 2018.
Original
Changes
Final
Fibers,
Description
Budget
Re9y- r• bed
Budge
321- 320 -0000 - 0410
-168M -65100
- 43314.2
-00
Prof Farad
Services
$
30.716.62
$
3071662
Fv,.w Subrofal
$
30.71662
$ -
$
3Q 715.62
321 - 320 - 0000 -0050
-168M -65100
-43314
- 2
- 00
Prof Food
Services
$
40.808.33
$
40,808.33
Fallon Park Subtotal
$
40,80833
$ -
$
40.808.33
321 320 - 0000 - 0300
-168M -
65100
- 43314
-2
- 00
Prof Food
Services
$
20,057.26
$
20.057 26
Seven City Subtotal
$
20,057.26
$ -
S
20057.26
321 - 320 -0000 - 0110
-168M-
65100
- 43314
- 2
-00
Prof Food
Services
$
22, all
$
22.95863
Hghland Park Subtotal
S
22,958.63
$
It
22.95863
321 - 320 - 0000 - 0420
-168M
-65100
- 43314
-2
-00
Prof Food
SeMces
$
24,535.46
$
24,535.16
Hurt Park Subtotal
$
24,53546
$ -
$
24,53546
321 - 320 - 0000 - 0340
-168M
- 65100
- 43314
- 2
-00
Prof Food
Services
$
11.09
$
191046.09
Lincoln Terrace Subtotal
$
19,04809
$ -
$
19,048.09
321 - 320 - 0000 - 0370
-168M
- 65100
-43314
-2
- 00
Prof Food
Services
$
38,348411
$
38348.48
Monterey Subtotal
$
38.348.48
$ -
$
38,348.48
321 - 320 -0000 -0060
-168M
- 65100
-43314
- 2
-00
Prof Food
Services
$
19,174.24
$
19,174.24
Mormagside Subtotal
S
19,17024
$ -
S
19,174.24
321 320 - 0000 - 0330
-168M
- 65100
-43314
-2
-00
PM Food
Services
$
28,572.13
$
28,572.13
Reston Park Subtotal
$
28,57213
$ -
$
28,572.13
321 -320 - 0000 0220
-168M
- 65100
-43314
-2
- 00
Prof Food
Services
$
30590 48
$
30590 48
Roanoke Academy for Math
and Science
Subtotal
$
30.59046
$ -
$
30,590.48
321 - 320 - 0000 - 04M
-168M-65100
- 43314
-2
-00
Prof Food
Services
$
39,168 43
$
39.168 43
Round Hill Subtotal
$
39,168.43
$ -
$
39,168.43
321 - 320 - 0000 - W70
-168M
- 65100
- 43314
- 2
-00
Prof Food
Services
$
22,643.26
$
22,64126
Viyinie Heights Subrofal
$
22.64326
$ -
$
22,643.26
321 - 320 - 0000 - 0350
-168M
- 65100
- 43314
- 2
- 00
Prof Food
Services
$
49.890.86
$
49,890.86
Weshade Subtotal
$
49,89086
$ -
$
49,89086
Total
$38651227
S
$
386.512 27
Revenue
321 - 000 - FFVP - 0000
-168M
00000
- 38582
- o
- 00
Federal Grant Receipts
$ 386,512.27
S
$
386.512 27
Fairview, Fallon Par, Garden City, Highland Park, Hurt Park, Lincoln Terrace, Monterey, Momingsids, Preston Par, Roanoke Academy for Math and
Science (RAMS, Round Hill, Virginia Heights and Westrade Elementary Schools have been accepted as participants in the US Department of
Agriculture Fresh Fruit and Vegetable Program for 2017 -18. This program provides funding to assist the school in providing a fresh unit or vegetable
pack during the school day at times other than meal periods at least three times per week. The program Is intended to create healthier school
ants by providing healih'er food choices, expand the variety of fresh fruits and vegetables students experience, Increase students'
ump ton of fresh fruits and vegetables, and make a difference In students' diets to Impart their present and future healO. This program will be fully
reimbursed by federal funds and will end June UP 2018.
�K
IN'fl T' COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of September, 2017.
No. 40964 - 091817.
A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the
Annual Business Session and meetings of Urban Section of the Virginia Municipal League and
designating a Staff Assistant for any meetings of the Urban Section.
BE 11 RESOLVED by the Council of the City of Roanoke as follows:
1. For the Annual Business Session of the Virginia Municipal League to be held during
the League's 2017 Annual Conference scheduled for October 1 - 3, 2017, and for anymeetings of the
Urban Section held in conjunction with the Annual Conference of the League, The Honorable Vice-
Mayor Anita Price is hereby designated Voting Delegate, and The Honorable William Bestpitch is
hereby designated Alternate Voting Delegate.
2. For any meetings of the Urban Section of the Virginia Municipal League to beheld in
conjunction with the League's 2017 Annual Conference, Robert S. Cowell. Jr., City Manager, shall
be designated Staff Assistant.
3. The City Clerk is directed to complete any forms required by the Virginia Municipal
League for designation of Voting Delegate, Alternate Voting Delegate, and Staff Assistant and to
forward such forms to the League.
ATTEST:
C - ke
City
ATTACHMENT A
NOTE: This form is to be returned by localities with populations over 35,000. Please term to
VME by September 20, 2017.
URBAN SECTION: DELEGATES, ALTERNATES AND STAFF ASSISTANTS
Locality: I
Information Supplied by: Name
Title
VO1m, IiP1P4A }P
JIan Hsslsiali
Please return this torm by 5:00 p.m. September 20, 2017 to:
Virginia Municipal League
P. O. Box 12164
Richmond, VA 23241
Or Fax: 804/343 -3758
e- maiVdyml or_
Voting
ATTACHMENT
CERTIFICATION OF VOTING DELEGATE
AND ALTERNATE
BUSNESS SESSION
Virginia Municipal League Annual Conference
Williamsburg, Virginia
Monday, October 2, 2017
Altema
Certifie
Return
Virginia Municipal League
P.O. Box 12164
Richmond, Virginia 23241
FAX: (804) 343 -3758
Email: e- mailki vmLore
w
[ CITY OF ROANOKE
OFFICE OF'HIE CITY CLERK
215 ('lun'c0 Avenue, S. W., Snite 450
Roanoke, Virginia 271111 -1530
'It, lepI ni— 154111 X53 -3541
Fa.: (541)853 -1145
8'I'ISI'IIANII?M1I.MOON BN:1'NOLUS, M1IM(. P: nmil: elrrk(n rnunnkc�r...n. (L('1, LIA F. M('('01'
('iJ, ('Jerk 1).Pn1}'('iI, ('k,I
('IX FLIA'1'. ANian, ('NI('
A>'xialaltl Dgnih (ily ('Jerk
September 19, 2017
The Reverend Dr. Bryan E. Smith, Senior Pastor
First Baptist Church (Roanoke)
321 Marshall Avenue, S. W.
Roanoke, Virginia 24016
Dear Dr. Smith:
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, September 18, 2017.
It was a pleasure meeting you and look forward to having you return to deliver
invocations at future Council meetings.
Sin erely,
Stephanie M. Mooneytiolds, MMC
City Clerk
SMR:aa
r
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 ('lunch Avenue, S. W., Boom 456
A_'
Roanoke, Virginia 24011 -1536
Tcicp6unr: (540)853 -2541
Fax: (540) X51 -1145
STEPIIANILM. MOON REYNOLDS, MMC
E -mall d ol,(nrounokeu.guv
('CCEWAF.MC('OY
(ilv Clerk
DennT Ci( ('le k
('E('ELIA 1. W EDD, ('M('
Asslslnnl (Ierk
September 19, 2017
Jolan Yow
3292 Somerset Street, S. W.
Roanoke, Virginia 24014
Dear Ms. Yow:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
September 18, 2017 you were appointed as a member of the Parks and Recreation
Advisory Board to fill the unexpired term of Ssunny Shah ending March 31, 2018.
After the Oath has been administered, please return one copy to Room 456 in the Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were appointed.
Pursuant to Section 2.213702, Code of Virginia (1950), as amended, I am enclosing a copy
of the Virginia Freedom of Information Act. The Act requires that you be provided with a
copy within two weeks of your appointment and each member is required 'Yo read and
become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to serve as a member of the Parks and Recreation Advisory Board.
Sin rely,
S� a
Stephanie M. Moon =Idsj, NaMC
City Clerk
Enclosures
pc: Nicole Ashby, Secretary, Parks and Recreation Advisory Board /w application
COMMONWEALTH OF VIRGINIA )
To -wit:
CITY OF ROANOKE )
I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting
of Council which was held on the eighteenth day of September 2017, JOLAN YOW was
appointed as a member of the Parks and Recreation Advisory Board to fill the unexpired
term of office of Ssunny Shah ending March 31, 2018.
Given under my hand and the Seal of the City of Roanoke this nineteenth day of
September 2017.
City Clerk
CITY OF ROANOKE
OFFICE; OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Vi, ginin 24011 -1536
Tdenhone: (5411)853 -2541
F,, (54(1) 853 -1145
STEI'I UNIE M. MOON RM'N(1LDS, blhl( E-unt, dcrk(. rnmwka,a.µor (E('EEIAF.M('('DY'
('ity ('Inrk Dcpnlp City ('lerk
('E('EI.IA "1'. W EDD, ('M('
September 19, 2017 Assistant Deputy ('ip ('lerk
Jared Rigby
2106 Berkley Avenue, S. W.
Roanoke, Virginia 24015
Dear Mr. Rigby:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
September 18, 2017 you were appointed as a member of the Parks and Recreation
Advisory Board to fill the unexpired term of Steve Stinson ending March 31, 2019.
After the Oath has been administered, please return one copy to Room 456 in the Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were appointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing a copy
of the Virginia Freedom of Information Act. The Act requires that you be provided with a
copy within two weeks of your appointment and each member is required "to read and
become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to serve as a member of the Parks and Recreation Advisory Board.
j,nc ely, � Q
�Vr� 1JC.<Y.�/
phanie M. Moon�R�yfy¢Ids, C
City Clerk
Enclosures
PC: Nicole Ashby, Secretary, Parks and Recreation Advisory Board/ w application
COMMONWEALTH OF VIRGINIA )
To -wit:
CITY OF ROANOKE )
I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting
of Council which was held on the eighteenth day of September 2017, JARED RIGBY
was appointed as a member of the Parks and Recreation Advisory Board to fill the
unexpired term of office of Steve Stinson ending March 31, 2019.
Given under my hand and the Seal of the City of Roanoke this nineteenth day of
September 2017.
/�t�- �Y)I�'J'v
City Clerk
tr�
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Choreh Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
'relephm,c (540)853 -2541
Fnx: (540)853 -I I45
S'I'LP11ANIV M. MOON REYNOLDS, MMC
F mall: Or,k(nrounnkeva.pnv
C'EC'ELIA F. M('COY
C Clerk
Deputy City Clerk
September 19, 2017
p
CFCF.LIA T. WRBB, CM(
Assistant DePnly City Clerk
Landon C. Howard
6123 Flamingo Drive, S. W
Roanoke, Virginia 24018
Dear Mr. Howard:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
September 18, 2017, you were reappointed as a member of the Roanoke Civic Center
Commission for a three -year term of office ending September 30, 2020.
After the Oath has been administered, please return one copy to Room 456 in the
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the
capacity to which you were reappointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your reappointment and each member is required "to
read and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service to the City of Roanoke as a
member of the Roanoke Civic Center Commission.
Sincere)
z4L—n) . te\at,, 6*AV
Stephanie M. Moan Reyn
City Clerk
Enclosures
pc: June Woodward, Secretary, Roanoke Civic Center Commission
COMMONWEALTH OF VIRGINIA
To -wit:
CITY OF ROANOKE
I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting
of Council which was held on the eighteenth day of September 2017, LANDON C.
HOWARD was reappointed as a member of the Roanoke Civic Center Commission for
a three -year term of office ending September 30, 2020.
Given under my hand and the Seal of the City of Roanoke this nineteenth day of
September 2017.
J404w—cil., �v a/
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Romn 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
S'1 El'lIAN1E M. MOON REYNOLDS, MMC
E -mail Berk e�i roanokeva.gov CECELIA F. MCCOY
City Clerk Deputy City Clerk
September 19, 2017 CECELIA T. WEBB, CMC
p Assistant Deputy City Clerk
Ssunny Shah
5848 Old Locke Court, S. W.
Roanoke, Virginia 24018
Dear Mr. Shah:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
September 18, 2017, you were reappointed as a member of the Roanoke Civic Center
Commission for a three -year term of office ending September 30, 2020.
After the Oath has been administered, please return one copy to Room 456 in the
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the
capacity to which you were reappointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your reappointment and each member is required "to
read and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service to the City of Roanoke as a
member of the Roanoke Civic Center Commission.
Siin�c1erreely,
Stephanie M. Moon Re Ids, C
City Clerk
Enclosures
pc: June Woodward, Secretary, Roanoke Civic Center Commission
COMMONWEALTH OF VIRGINIA
To -wit:
CITY OF ROANOKE
I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting
of Council which was held on the eighteenth day of September 2017, SSUNNY SHAH
was reappointed as a member of the Roanoke Civic Center Commission for a three -
year term of office ending September 30, 2020.
Given under my hand and the Seal of the City of Roanoke this nineteenth day of
September 2017.
�
�
City Clerk
m
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
'relepkonc (540) 8531541
Fns (540)8534145
STEPIIANIE M. MOON REYNOLDS, MMC
F. -nmil: elerk(ulrounokeva.gav CECELIA F. MCCOY
City Clerk
Deputy City Clerk
September 19, 2017 CECELIAT. WEDS,CMC
e
p Aa,Wuurt Deputy City Clerk
Katherine Coffield
25 Church Avenue, S. W.
Roanoke, Virginia 24015
Dear Ms. Coffield:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
September 18, 2017, you were reappointed as a member of the Architectural Review
Board for a four -year term of office ending October 1, 2021.
After the Oath has been administered, please return one copy to Room 456 in the
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the
capacity to which you were reappointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your reappointment and each member is required "to
read and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service to the City of Roanoke as a
member of the Architectural Review Board.
Sincer ly,
n m
Ste hanie M. Moon Reyn' Id M
City Clerk
Enclosures
PC: Tina Carr, Secretary, Architectural Review Board
COMMONWEALTH OF VIRGINIA
To -wit:
CITY OF ROANOKE
I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting
of Council which was held on the eighteenth day of September 2017, KATHERINE
COFFIELD was reappointed as a member of the Architectural Review Board for a four -
year term of office ending October 1, 2021.
Given under my hand and the Seal of the City of Roanoke this nineteenth day of
September 2017.
1m, !:' /
CITY OF ROANOKE
OFFICE OF'rilE CITY CLERK
215 (9mrch Avenue, S. W., Room 456
Roanoke, Virginia 241111 -1536
"10,1.onc: (541)fly -2541
Fn,: (5411)853 -1145
ti'1'FPIIANII!kI. M1I(ION I2 P;1'NOLD5, 61MC 14.....
ON, ('Icrk Depnry ('4)' ('Ierk
('V ELIA'1'. WEBB,('M('
September 19, 2017 A.,islnnl Depmy 01i (lerk
Bill Mason
3841 Bosworth Drive
Roanoke, Virginia 24014
Dear Mr. Mason:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
September 18, 2017, you were appointed to replace Aaron Copeland as a member of
the Architectural Review Board for a four -year term of office ending October 1, 2021.
After the Oath has been administered, please return one copy to Room 456 in the
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the
capacity to which you were appointed.
Pursuant to Section 2.2 -3702, Code IIof Virginia (1950), as amended, I am enclosing a,
copy of the Virginia Freedom of Info4ation Act. The Act requires that you be provided'
with a copy within two weeks of your appointment and each member is required "to read
and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve as a member of the Architectural Review
Board.
Stephanie M. Moon R MMC
City Clerk
Enclosures
pc: Tina Carr, Secretary, Architectural Review Board /w application
COMMONWEALTH OF VIRGINIA
To -wit:
CITY OF ROANOKE
I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting
of Council which was held on the eighteenth day of September 2017, BILL MASON
was appointed as a member of the Architectural Review Board for a four -year term of
office ending October 1, 2021.
Given under my hand and the Seal of the City of Roanoke this nineteenth day of
September 2017.
City Clerk
September 19, 2017
Jackie Clewis
4902 Rowe Ridge Road, N. W.
Roanoke, Virginia 24017
Dear Ms. Clewis:
CECELIA T. W ERR, CMC
A,,uaftvt Deputy City Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
September 18, 2017, you were appointed to replace Carolyn Barrett (Classified Service)
as a member of the Personnel and Employment Practices Commission for a term of
office ending June 30, 2020.
After the Oath has been administered, please return one copy to Room 456 in the
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the
capacity to which you were appointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing a
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your appointment and each member is required "to read
and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve as a member of the Personnel and
Employment Practices Commission.
Sincerely,
F�uh'J h%Oa�` �,Q,�
Stephanie M. Moon ynolds, MC
City Clerk
Enclosures
PC: Michele Vineyard, Secretary, Personnel and Employment Practices
Commission /w application
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Roam 456
Roanoke, Virginia 24011 -1536
'rele,hwe: (540)853 -2541
Fvx: (540)853 -1145
S IEFI IANIE M. MOON REYNOLDS, MMC
R -mail: clerk�arvanvkeva.goa CECELIA F. MCCOY
City Clerk
Depart City Clerk
September 19, 2017
Jackie Clewis
4902 Rowe Ridge Road, N. W.
Roanoke, Virginia 24017
Dear Ms. Clewis:
CECELIA T. W ERR, CMC
A,,uaftvt Deputy City Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
September 18, 2017, you were appointed to replace Carolyn Barrett (Classified Service)
as a member of the Personnel and Employment Practices Commission for a term of
office ending June 30, 2020.
After the Oath has been administered, please return one copy to Room 456 in the
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the
capacity to which you were appointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing a
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your appointment and each member is required "to read
and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve as a member of the Personnel and
Employment Practices Commission.
Sincerely,
F�uh'J h%Oa�` �,Q,�
Stephanie M. Moon ynolds, MC
City Clerk
Enclosures
PC: Michele Vineyard, Secretary, Personnel and Employment Practices
Commission /w application
COMMONWEALTH OF VIRGINIA )
To -wit:
CITY OF ROANOKE )
I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting
of Council which was held on the eighteenth day of September 2017, JACKIE CLEWIS
(Classified Service) was appointed to replace Carolyn Barrett as a member of the
Personnel and Employment Practices Commission for a term of office ending June 30,
2020.
Given under my hand and the Seal of the City of Roanoke this nineteenth day of
September 2017.
��3'' -►"' --City Clerk �'�/j
Christina B. Hatch
2239 Grandin Road, S. W.
Roanoke, Virginia 24015
Dear Ms. Hatch:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
September 18, 2017 you were appointed as a member of the Roanoke Neighborhood
Advocates to fill the unexpired term of Scott Horchler ending June 30, 2019.
After the Oath has been administered, please return one copy to Room 456 in the Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were appointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing a copy
of the Virginia Freedom of Information Act. The Act requires that you be provided with a
copy within two weeks of your appointment and each member is required "to read and
become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to serve as a member of the Roanoke Neighborhood Advocates.
Since ely,
Shi. h0Mc
Stephanie M. Moon nol ,MMC
City Clerk
Enclosures
PC: Bob Clement, Neighborhood Services Coordinator /w application
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
TO,h.nc (540)N53 -2541
Pax: (540) 853 -1145
STEPHANIE M. MOON REYNOLDS, MMC
F-WI:
CECELIAF.MCCOY
City Clerk
Deputy City Clerk
CECELIA T. W EBB, CIVIC
Assistant Deputy City Clerk
September 19, 2017
Christina B. Hatch
2239 Grandin Road, S. W.
Roanoke, Virginia 24015
Dear Ms. Hatch:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
September 18, 2017 you were appointed as a member of the Roanoke Neighborhood
Advocates to fill the unexpired term of Scott Horchler ending June 30, 2019.
After the Oath has been administered, please return one copy to Room 456 in the Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to
which you were appointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing a copy
of the Virginia Freedom of Information Act. The Act requires that you be provided with a
copy within two weeks of your appointment and each member is required "to read and
become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to serve as a member of the Roanoke Neighborhood Advocates.
Since ely,
Shi. h0Mc
Stephanie M. Moon nol ,MMC
City Clerk
Enclosures
PC: Bob Clement, Neighborhood Services Coordinator /w application
COMMONWEALTH OF VIRGINIA
To -wit:
CITY OF ROANOKE
I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting
of Council which was held on the eighteenth day of September 2017, CHRISTINA
HATCH was appointed as a member of the Roanoke Neighborhood Advocates to fill the
unexpired term of office of Scott Horchler ending June 30, 2019.
Given under my hand and the Seal of the City of Roanoke this nineteenth day of
September 2017.
4� City Clerk
jv
u�
CITY OF ROANOKE
OFFICE OFTHE CITY CLERK
.. F< 215 ('lunrrh A,olne, S. W., Rnoa 456
Roanoke, Virginia 24011 -1536
'1 Oep Lune: (5411)X53 -2541
Far: (5410853-1145
S'IP11ANIE M. MOON RUNOI.DS, MM(. Iinwil: elrrkut -a )kuep'kpr ('I!('ElAARM(('O)
01% ('jerk Depulr ('ily (Yrrk
( E(L .lA'1. R'1!i6, ('M('
Anairlanl Depuly ('ip (let k
September 19, 2017
Robert S. Cowell, Jr.
City Manager
Roanoke, Virginia
Dear Mr. Cowell:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
September 18, 2017, you were appointed to replace Sherman M. Stovall, Acting City
Manager /Assistant City Manager for Operations, as a City representative of the
Roanoke Valley Broadband Authority for a term ending December 12, 2019.
After the Oath has been administered, please return one copy to Room 456 in the
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the
capacity to which you were appointed.
Furthermore, Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your appointment and each member is required 'Yo read
and become familiar with provisions of the Act."
Robert S. Cowell, Jr.
City Manager
September 19, 2017
Page 2
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve as the City official representative of the
Roanoke Valley Broadband Authority.
ncerely,
r
Stephanie M. Moon R ot.ds
lds, C
City Clerk
Enclosures
PC: Wayne G. Strickland, Executive Director, Roanoke Valley Alleghany Regional
Commission, P. O. Box 2569, Roanoke, Virginia 24010
COMMONWEALTH OF VIRGINIA )
To -wit:
CITY OF ROANOKE )
I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting
of Council which was held on the eighteenth day of September 2017, ROBERT S.
COWELL, JR., was appointed as a City representative of the Roanoke Valley
Broadband Authority for a term ending December 12, 2019.
Given under my hand and the Seal of the City of Roanoke this nineteenth day of
September 2017,
W�n City Clerk
C�
CITY OF ROANOKE
Q)
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
°;m "??P -'''<
Roanoke, Virginia 24011-1536
Telephone: (540)853 -2541
Fox: (540)853 -1145
STEPIIANIE M. MOON REYNOLDS, MMC
E -mail:
CECELIA F. MCCOY
City Clerk
Deputy City Clerk
September 19, 2017
CECE W A T. W EBB, CIVIC
Assioun[Deputy Clry Clerk
William Sellari
1833 Avon Road
Roanoke, Virginia 24015
Dear Mr. Sellari:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
September 18, 2017, you were appointed to replace Kelvin C. Bretton as a member of
the Mill Mountain Advisory Board ending June 30, 2020.
Enclosed you will find a Certificate of your appointment and an Oath or
Affirmation of Office which must be administered by the Clerk of the Circuit Court
of the City of Roanoke, located on the third floor of the Roanoke City Courts
Facility, 315 Church Avenue, S. W.
After the Oath has been administered, please return one copy to Room 456 in the
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the
capacity to which you were appointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing a
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your appointment and each member is required "to read
and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve as a member of the Mill Mountain Advisory
Board,
knce, ly, `�,,,�"'�! Q�
Stephanie M. Moon ffia� yyr3olWl7d, MMC
City Clerk
Enclosures
PC: Nicole R. Ashby, Secretary, Mill Mountain Advisory Board /w application
COMMONWEALTH OF VIRGINIA )
To -wit:
CITY OF ROANOKE )
I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting
of Council which was held on the eighteenth day of September 2017,
WILLIAM SELLARI was appointed as a member of the Mill Mountain Advisory Board
ending June 30, 2020.
Given under my hand and the Seal of the City of Roanoke this nineteenth day of
September 2017.
m
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
'relep Lone: (540) 853 -2541
Fnx: (540)89 -1145
STEPBANIE M. MOON REYNOLDS, MMC
E -nmil: elerk(mrop,mke......
CECELIA F. MCCOY
City Clerk
Deputy City Clerk
CECELIA T. WEBB, CMC
September 19, 2017
Aeelstant Deputy City Clerk
Joseph A. Wood
1623 Bush Farm Drive
Vinton, Virginia 24179
Dear Mr. Wood:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
September 18, 2017, you were reappointed as a (Tower) member of the Towing
Advisory Board for a three -year term of office ending October 31, 2020.
After the Oath has been administered, please return one copy to Room 456 in the
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the
capacity to which you were reappointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your reappointment and each member is required "to
read and become familiar with provisions of the Act."
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to continue your service to the City of Roanoke as a
member of the Towing Advisory Board.
A c rely,
Stephanie M. M000MReyn s, MMC
City Clerk
Enclosures
PC: Tim Meadows, Secretary, Towing Advisory Board
COMMONWEALTH OF VIRGINIA
To -wit:
CITY OF ROANOKE
I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting
of Council which was held on the eighteenth day of September 2017, JOSEPH A.
WOOD was reappointed as a member of the Towing Advisory Board for a three -year
term of office ending October 31, 2020.
Given under my hand and the Seal of the City of Roanoke this nineteenth day of
September 2017.
�_i�
Al "� k
City Clerk
CITY OF ROANOKE
OFFICF OF THE CITY CLERK
215 ('lulrch Avenue, ti. W., Room 456
12m(noke, Virginia 24011 -1536
'1'elelAi : (591) 853 -2541
ha: (5411) X53 -1145
tl'IT:I'll AN I I! M1L MOON REA NOLII,S, NI NI( P: nmil: dcrkm onuu,keru'kO° ('E('LLIAI..M('(0)
0"(1"k nq)gjIy f11y flak
September 25, 2017
Gilbert E. Butler, Jr.
3406 Exeter Street, S. W.
Roanoke, Virginia 24014
Dear Mr. Butler:
('EC ELIA 1. W NBB. ('M('
A,,k(anl Dcpu(y ('ity ('lerk
On December 27, 1982, the Roanoke City Code was amended to provide that after
completion of three consecutive complete terms of office, no member of a permanent
board, authority, commission or committee shall be eligible for reappointment to the
same office for the next succeeding term.
On August 31, 2017, you completed your third consecutive term of office as a
Commissioner of Roanoke Redevelopment and Housing Authority.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a Commissioner of the Roanoke
Redevelopment and Housing Authority from December 4, 2006 to August 31, 2017.
Please find enclosed a Certificate of Appreciation and an aerial view photograph of the
Roanoke Valley in recognition of your years of service.
Sincerely, �Spha olds, MC
City Clerk
Enclosure
CERTIFICATE OF APPRECIATION
PRESENTED TO
Gilbert E. Butler
AS A COMMISSIONER OF THE
ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY
FROM DECEMBER 4, 2006
TO AUGUST 31, 2017
ON THIS 26TH DAY OF SEPTEMBER , 2017
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED, ATTEST:
P a ho -
SHERMAN P. LEA, SR. STEPHANIE M. MOO I REYI LDS
MAYOR
CI CLERK
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Cknrrk Avenue, S. W., Romn 456
Rot inake, Virginia 24011 -1536
'1 elepkopie : (540)853 -3541
1itt: (540) 853 -1149
S'I IiP1IAN IE NL MOON N If YN(11.1)S, NMI( 1 mall: elerko-t nnuwkll,lp4 IE('LI.IA I =. NI('('Ol'
('il, ('leek IIePUIy ('ile ('lerk
September 25, 2017
Kimberly G. Parker
728 Windsor Avenue, S. W.
Roanoke, Virginia 24015
Dear Ms. Parker:
f F( VIA Al. \11,1111, ('M('
A.,,Wa V nepoly file ('le, k
Your term of office as a member of the Parks and Recreation Advisory Board expired on
March 31, 2017.
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 Parks and Recreation
Advisory Board from August 5, 2013 to March 31, 2017. Please find enclosed a
Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in
recognition of your service.
Sincerely, Q,, .
I' r \' " `�I�G
Stephanie M. Moon Rey ds, C
City Clerk
Enclosure
CERTIFICATE OF APPRECIATION
PRESENTED TO
Kimberly G. Parker
AS A MEMBER OF THE
PARKS AND RECREATION ADVISORY BOARD
FROM AUGUST 5, 2013
TO MARCH 31, 2017
ON THIS 26TH DAY OF SEPTEMBER , 2017
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED: ATTEST:
P ,.
SHERMAN P. LEA, SR. STEPHANIrE M. MO N EYD LDS
MAYOR Cl IY CLERK
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
¢�kn Roanoke, Virginia 24011 -1536
'10OpLnne: (540)x53 -2541
F.,: (5411)X53 -1145
S I I N IAN I L:01.k100N 124: \N0ILF, kIN( Wmnll: elc anoke1m.1— ('I!(ISLIA 1. N('('(3Y
('i15 ['Icrk Ucpmy (i1)' (Ycrk
September 25, 2017
Douglas Robison
2517 Mt. Vernon Road, S. W.
Roanoke, Virginia 24014
Dear Mr. Robison:
(EC ELIA
AaslNVUI Dep,l} ('ity('lerk
Your term of office as a City representative of the Visit Virginia's Blue Ridge, Board of
Directors expired on June 30, 2017.
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 City representative of the Visit Virginia's
Blue Ridge, Board of Directors from July 1, 2013 to June 30, 2017. Please find
enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke
Valley in recognition of your service.
Sincerely,
oQ�'
Stephanie M. Moon R olds, C
City Clerk
Enclosure
CERTIFICATE OF APPRECIATION
PRESENTED TO
Douglas Robison
AS A CITY REPRESENTATIVE OF THE
VISIT VIRGINIA'S BLUE RIDGE, BOARD OF DIRECTORS
FROM JULY 1, 2013
TO JUNE 30, 2017
ON THIS 26TH DAY OF SEPTEMBER , 2017
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED: ATTEST:
fEP ��
P. L ON R OLDS
MAYOR CITY CLERK
CITY OF ROANOKE
OFFICE OFTIIE CITY CLERK
215 ('hnrrh Avenue, S. W., Kmvn 456
1Luuluke, Virginia 24011 -1536
'Ii -0op6n,m: (5411)853 2,541
1'nu ISAII)X5.1 -114$
II(1'IIANI 1, Ni. MOON 1(EV NOI.n3, 61Ai( IPmxil: alcrko, nranu k,,,,,,, ('IQ l51.lA I<NI('(flY
(11, (lark lkp 1, ('ip' ('lark
September 25, 2017
Gordie L. Ziegler
3420 Canter Circle
Roanoke, Virginia 24018
Dear Mr. Ziegler:
C li('I(1.IA'I. WEI111, (TI('
A WNI.,W nenuly Clly Clerk
Your term of office as a member of the Parks and Recreation Advisory Board expired on
March 31. 2017.
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 Parks and Recreation
Advisory Board from May 19, 2008 to March 31, 2017. Please find enclosed a
Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in
recognition of your service.
Sinc�errely�,��{�y� }Nj
Stephanie M. Moon R nolds, MC
City Clerk
Enclosure
CERTIFICATE OF APPRECIATION
PRESENTED TO
Gordie L. Ziegler
AS A MEMBER OF THE
PARKS AND RECREATION ADVISORY BOARD
FROM MAY 19, 2008
TO MARCH 31, 2017
ON THIS 26TH DAY OF SEPTEMBER , 2017
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED: ATTEST_
4S(
SHERMAN P.
LEA, SR.
STEPHANIE M. MO
N
MAYOR
CITY CLE
t� CITY OF ROANOKE
OFFICE OF T11E CrrY CLERK
215 ('Lurch Avenue, S. W., Roam 456
n
Roanoke, Virginia 24011-1536
"I'rllga,: ne: -145 (54()9531
Pax:
SI'1;1'11ANIFNI.AIU(1N Iti(1'N(ILIIN, NINI(' I( -mail: dm,kon'uunn kmng °c
('ily ('Icrk 1h,ily ('iti ('Icrk
September 25, 2017
Marcus E. Huffman
306 Timothy Lane, N. W.
Roanoke, Virginia 24017
Dear Mr. Huffman:
('14('1111 A'I'. WI(Itlt, ('M('
AxehI.W W,1,01}'(kfl,
Your term of office as a member of Youth Services Citizen Board expired on June 30,
2017.
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 Youth Services Citizen
Board from July 1, 2015 to June 30, 2017. Please rind enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
service.
Sincerely,
Stephanie M. Moon R olds, MC
City Clerk
Enclosure
CERTIFICATE OF APPRECIATION
PRESENTED TO
Marcus E. Huffman
AS A MEMBER OF THE
YOUTH SERVICES CITIZEN BOARD
FROM JULY 1, 2015
TO JUNE 30, 2017
ON THIS 26TH DAY OF SEPTEMBER , 2017
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED: ATTEST:
SHERMAN P. LEA, SR. STEPHANIE M. M ON RE LDS
MAYOR CITY CLE F
tr� CITY OF ROANOKE
OFFICE. OF THE CITY CLERK
215 ('hnreh Avenue, S. W., Roon( 456
Roanoke, Virginia 24011 -1536
k k,hUlm: (540) 85 }2541
fnv: (5411) 953 -1145
NIIT] 1AN'114 N1. N100N Ref NOIAN, aI N(. Ivnu,ii'. 111khl runnokvva'kO4 ('1!('9;1. IA I . NX('O\'
('ily ('Zn' Dl 101 ('il) ('lerk
September 25, 2017
Kenai Hunt
321 Corbin Circle, N. W.
Roanoke, Virginia 24017
Dear Ms. Hunt:
('C('lil.l A'1'. NUMB, (TI('
Asxi.tlanl Dua„Iv (ilv Clerk
Your term of office as a member of Youth Services Citizen Board expired on June 30,
2017.
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 Youth Services Citizen
Board from July 1, 2015 to June 30, 2017. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
service.
Sincerely,
S e�.. M on R olds,
�
City Clerk
Enclosure
CERTIFICATE OF APPRECIATION
PRESENTED TO
Kenai Hunt
AS A MEMBER OF THE
YOUTH SERVICES CITIZEN BOARD
FROM JULY 1, 2015
TO JUNE 30, 2017
ON THIS 26TH DAY OF SEPTEMBER , 2017
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED: ATTEST:
'HERMAN P. LEA, SR. STEPHANIE M. MV ON OLDS
MAYOR CITY CLENC
f-!
c CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 ('hnrrh Avenue, S. W., Rnnnt 456
Rtanokc, Virginin 24011 -15 }6
'I HCpLOne; (540) 853 -2541
Pna: (5411) 853-1145
SI'I PHANI F NI. MOON RENNOI.115, M M(. 11"Ifi1: Off h1,1 Ioalfokcl- '.I.1- ('EtUI.IA I. N('('ON
('i1) ('I't k Dt"'i" ('it, ('lick
September 25, 2017
Diane M. Casola
2342 Circle Drive, S. W.
Roanoke, Virginia 24018
Dear Ms. Casola,
Mina nt Dt,,W, ('it, (10 If
Your term of office as a member of Youth Services Citizen Board expired on June 30,
2017.
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 Youth Services Citizen
Board from July 1, 2015 to June 30, 2017. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
service.
Sincerely, _ r
� W
4AP Stephanie M. Moon �2'ynol MM C
City Clerk
Enclosure
CERTIFICATE OF APPRECIATION
PRESENTED TO
Diane M. Casola
AS A MEMBER OF THE
YOUTH SERVICES CITIZEN BOARD
FROM JULY 1, 2015
TO JUNE 30, 2017
ON THIS 26TH DAY OF SEPTEMBER , 2017
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED. ATTEST.
SHERMAN P. LEA, SR STEPHANIE M. MO N RE DS
MAYOR CITY CE C
'
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephmlc (541)853 -3541
F.x: (540)953 -1145
SI'EYIIANIL M. MOON REYNOLDS, MM(
L- nrnil: elerk(a, roaaokeva.guy CECELIA F. MCCOY
City Clerk
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy Ciry Clerk
September 26, 2017
Randall G. Simmons
624 Caldwell Street N. W.
Roanoke, Virginia 24017
Dear Mr. Simmons:
Your term of office as a member of the Towing Advisory Board will expire on
October 31, 2017.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Towing Advisory Board from
July 2, 2012 to October 31, 2017. Please find enclosed a Certificate of Appreciation
and an aerial view photograph of the Roanoke Valley in recognition of your service.
Sincerely, M
�
Stephanie M. Moon %Re d s
City Clerk
SMM:aj
Enclosure
PC: Tim Meadows, Secretary, Towing Advisory Board
CERTIFICATE OF APPRECIATION
PRESENTED TO
Randall Simmons
AS A MEMBER OF THE
TOWING ADVISORY BOARD
FROM JULY 2, 2012
TO OCTOBER 31, 2017
ON THIS 26TH DAY OF SEPTEMBER , 2017
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED: ATTEST:
SHERMAN P. LEA, SR. STEPHANIE M. MOON RE OLDS
MAYOR CITY CLERK
September 26, 2017
Rick Clark
5819 Fieldview Drive S. W.
Roanoke, Virginia 24019
Dear Mr. Clark:
Your term of office as a member of the Towing Advisory Board will expire on
October 31, 2017.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Towing Advisory Board from
August 18, 2014 to October 31, 2017. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
service.
Sincerely,
4.. l , —
Stephanie M. Moon ReynTi(ds, MC
City Clerk
SMM:aj
Enclosure
pc: Tim Meadows, Secretary, Towing Advisory Board
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fox: (540)853 -1145
S "I EPIIAN1E M. MOON REYNOLDS, MMC
E -nail: derkrturoanokevo.gov
CECELIA F. MCCOY
City Clerk
Deputy City Clerk
CECELIA T. W EBB, CMC
Assistant Deputy City Clerk
September 26, 2017
Rick Clark
5819 Fieldview Drive S. W.
Roanoke, Virginia 24019
Dear Mr. Clark:
Your term of office as a member of the Towing Advisory Board will expire on
October 31, 2017.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Towing Advisory Board from
August 18, 2014 to October 31, 2017. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
service.
Sincerely,
4.. l , —
Stephanie M. Moon ReynTi(ds, MC
City Clerk
SMM:aj
Enclosure
pc: Tim Meadows, Secretary, Towing Advisory Board
CERTIFICATE OF APPRECIATION
PRESENTED TO
Rick D. Clark
AS A MEMBER OF THE
TOWING ADVISORY BOARD
FROM AUGUST 18, 2014
TO OCTOBER 31, 2017
ON THIS 26TH DAY OF SEPTEMBER , 2017
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED: ATTEST:
SHERMAN P. LEA, SR. STEPHANIE M. MOON RE"OLDS
MAYOR CITY CLERK
CECELIA T. WEBB, CMC
A.hou t Deputy City Clerk
September 26, 2017
Aaron M. Copeland
606 Walnut Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Copeland:
Your term of office as a member of the Architectural Review Board will expire on
October 1, 2017.
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 November 2, 2009 to October 1, 2017. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
service.
Sincerely,
Stephanie M. Moon Re Ids, C
City Clerk
SMM:aj
Enclosure
PC: Donna Payne, Secretary, Architectural Review Board
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (541)853 -2541
Fun: (540)853-1145
ON EYIIANIE M. MOON REYNOLDS, MM(
E -mull: elerk(,Irommkavn.ena CECELIA F. MCCOY
Clly Clerk
Deputy City Clerk
CECELIA T. WEBB, CMC
A.hou t Deputy City Clerk
September 26, 2017
Aaron M. Copeland
606 Walnut Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Copeland:
Your term of office as a member of the Architectural Review Board will expire on
October 1, 2017.
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 November 2, 2009 to October 1, 2017. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
service.
Sincerely,
Stephanie M. Moon Re Ids, C
City Clerk
SMM:aj
Enclosure
PC: Donna Payne, Secretary, Architectural Review Board
CERTIFICATE OF APPRECIATION
PRESENTED TO
Aaron M. Copeland
AS A MEMBER OF THE
ARCHITECTURAL REVIEW BOARD
FROM NOVEMBER 9, 2009
TO OCTOBER 1, 2017
ON THIS 26TH DAY OF SEPTEMBER , 2017
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED: ATTEST:
P �L -- - --
SHERMAN P. LEA, SR. STEPHANIE M. MOON RE NOLDS
MAYOR CITY CLERK
p�
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fav (540)853 -1145
STEPHANIE M. MOON REYNOLDS, MMC
E -mail: tlerkei)roanpkeve.&oy
CECELIA F. MCCOV
City Clerk
Deputy City Clerk
CECELIA T. W ERR, CMC
Assistant Deputy City Clerk
September 26, 2017
Kelvin C. Bretton
5520 Gloster Drive, Apt. 1 A
Roanoke, Virginia 24019
Dear Mr. Bretton:
Your term of office as a member of the Mill Mountain Advisory Board expired on
June 30, 2017.
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 Mill Mountain Advisory
Board from June 2, 2014 to June 30, 2017. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
service.
Sincerely,
Stee M.IMoonl rReynoldM2.
City Clerk
SMM:aj
Enclosure
PC: Nicole Ashby, Secretary, Mill Mountain Advisory Board
CERTIFICATE OF APPRECIATION
PRESENTED TO
Kelvin C. Bratton
AS A MEMBER OF THE
MILL MOUNTAIN ADVISORY BOARD
FROM JUNE 2, 2014
TO JUNE 30, 2017
ON THIS 26TH DAY OF SEPTEMBER , 2017
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED ATTEST
� w
SHERMAN P. LEA, SR, TEPHANIE M. MOON REYNOLDS;
MAYOR CITY CLERK
IN THE COUNCIL OF THE CITY OFFRROANOKE, VIRGINIA
The 18i° day nl'Septemhen', 2617.
No. 40965- 091817-
A RESOLUTION memorializing tie late Frank Noel Perkinson Jr'., fanner Or
Council ...ember and longtime resident ofRoanoke.
WHEREAS, Members if Connicil learned with .sorrow of the passing of Mr.
Perkinson on Satnu'(lay, June 24, 2017, at the age 01`90;
WHEREAS, Mr. Perkinson was born an January 31. 7917, in Blackstone.
Virginia to Frank a , d Sarah Perkinson, and lived the a until the age of 12 when his
family nerved to Chesterfield Collin) . Virginia;
WHEREAS, immediately upon graduation fi ara high school, Mr. Perkinson was
inducted into the U.S. .Army and served nvo years in Italy during World War H;
WHEREAS, after his nnilita[v service, Mr. Perkinson net erded Virginia
Cmnmorrwenitr University for two years, t eit finished his law degree at the Urtversiq
of Virginia in 1952;
WHEREAS, while in law school, Mr'. Perkinson was elected Mayo of Copeley
Hill, a married stialents Iaustrre project,
WHEREAS, while at the University of Virginia, Mr. Perkinson worked at
various jobs to support his education including working at a rock quarry in the
sunrrner;
WHEREAS, Mr. Perkinson passed the State Bar worn in 1951 and was admitted
to the Virginia State Bar ane year beJ re graduating from law school, and was one of
only 67 students win; passed the state bar that year out of 366;
WHEREAS, Mr'. Perkinson was appointed Special Agent for the Federal
Bureau of Investigation in 1952 and served in Newark, New .Iersey, and Pitsbm'gh,
Pennsylvania;
WHEREAS, Mr. Perkinson resigned to enter the private practice of law in
Roanoke, Virginia, and established /his avn lair office in 1958 and successfully
practiced law for 56 years;
WHEREAS, Mr. Perkinson saved as the Chp Bail Connmissioner, taught
Cmrunereial Law at National Business College, and was a former director of the
Roanoke City, Bar Association;
WHEREAS, Mr. Perkinson was elected to Roanoke City, Council front 1966 to
1970, and served on various committees including the Civic Center Can nnittee, the
Valley Consolidation Committee, and tau the Zoning Connnission;
WHEREAS, Me Perkinson was active in the Young Democratic Clubs of
Virginia having served as Sixth District Chairman, Treasurer, Vice President, and was
elected as President for the term from 1967 to 1968, during which time his club was
awarded the Best Democratic Club in the United States, and the award was presented
to him by Vice President Hubert Humphrey in 1968;
WHEREAS, Mr. Perkinson was a member of the Blue Ridge Chapter of the
Former FBI Agents Association, serving as Secretary /Treaswer for three years, and
enjoyed membership in organizations including Downtown Roanoke, BPO Elks of
Roanoke, Loyal Order of Moose, American Legion, Board of Directors of General
Counsel for O.LC., and the Chamber of Commerce;
WHEREAS, Mr. Perkinson served three years mr the Speakers Bureau of the
United Fund, serving one of those years as chairman, and was a regional winner twice
in the International Toast Masters Club Competition;
WHEREAS, Mr. Perkinson lectured extensively for the Virginia State Bar in its
Continuing Legal Education Program and helped write and edit the Debt Collection
for Virginia Lawyers book yearly, which is still used today;
WHEREAS, from 1982 until his retirement, Mr. Perkinson began representing
the Commonwealth of Virginia in collection cases and, in 1983, was added as special
counsel for the handling of all cases for the Department of Mental Health in Virginia;
WHEREAS, for the period of 10 years he lived in Franklin County, Mr.
Perkinson raised thoroughbred race horses, and his other loves were gardening,
fishing, and University of Virginia sports;
WHEREAS, Mr. Perkinson was known as an excellent storyteller and had a
good sense of humor, and while his presence will be greatly missed, his legacy and love
of the law will forever befell;
THEREFORE, BE IT RESOLVED by the Council of the Cry of Roanoke as
follows:
1. City Council adopts this resolution as a means of recording its deepest
regret and sorrow at the passing of Frank Noel Perkinson Jr., and extending to his
fancily its sincerest condolences, and recognizing the indelible legacy he has left to his
City and fellow citizens.
2. The City Clerk is directed to provide an attested copy oj'this resolution to
Mr. Perkinson'swidow, Ginger Gevrekian Perkinson, of Roanoke, Virginia.
Sherman P. Lea, Sr.
Mayor
Attest:
Stephanie M. Moon eynoi
City Clerk
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
HUD COMMUNITY RESOURCES DIVISION
Alto Keith Holland
215 CHURCH AVE SW. ROOM 305 NORTH
ROANOKE.. VA 24011
Account Number
6028915
Dale
September 01, 2017
Date
Category
Description
Ad Size
Taai 0061
0 910 712 01 7
Legal Notices
NOTICE OF PUBLIC HEARING CITY OF ROANOKE DRAFT
1 x 87 L
46672
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:
0910112017
The First insertion being given... 09/01/2017
Newspaper reference: 000i1592785
1Ma1!V ' �
Billing likepresentative
Sworn to and subscribed before me this Friday, September 1, 2017
fitary Pub wc.c/VA,'i
NOTARy'','l,
State f Virginia _ PUELIC
City /County of Roanoke ` * i RBG. #332964
My Commission expire s j i 61y COM6115S10;J r
�'�, PIR
NOTICE OF PUBLIC HEARING
CITY OF ROANOKE
DRAFT 2016-2017 HUD
PERFORMANCE AND
EVALUATION REPORT
Pursuant to 24 CFR Section 91.105,
notice is hereby given that on Monday,
September 18. 2DI7, at 7:00 p.m., or as
Don thereafter as the matter may no
heard, the City Council of Roanoke.
Virginia, will meet in the City Council
Chamber. 4th Fluor, Noel C. Taylor
Municipal Building, 215 Church Avenue,
S.W., Roanoke, Virginia, for the purpose
of holding a public hearing on Oe
City 's draft 20162017 HUD
Consolidated Annual Performance and
Evaluation Report (2016 2017 CAPER).
All Persons shall be offorked n
,penternity to speak and state their
views concerning all aspects of the
draft 2016 -2017 CAPER wkhm such
Day, time Body as shall be
established by City Council. Written
comments of interested persons will be
received by the City Clerk at any time
Fruits, the hearing.
Complete comes of the daft 2016 -2017
CAPER are available for public
inspection beginning Monday, August
2L 2017. at the City Clerk's Office, Noel
moa asurrome on no cow s wepsne at
wevain a..Neva.gov. Number
menu on the draft 20162017
CAPER will be accepted through
Tuesday. September 19. 2017, at ABU
una. at the HUD Community Resources
Design , Noel C. Taylor Municipal
Building, 215 Church Avenue, SW,
Room 305 North, Roanoke VA 24011. or
email to ReRaHrollandeffa amervagov.
All who desire to speak at the public
heading should contact the City Clerk's
olfire at (Sao) 053 2541. Isaividuals
with a disability needing an
accommodation should contact the
CiW Clerk's office by 12:00 noon on
Thursday, September 14, 2017. For
Harder information about the meeting
or to Comment on or inquire about the
20162012 CAPER, contrast the HUD
Community Remurces Division at (540)
653.6104.
Gwen under my hand this 1st day of pmjj:33
Stoneham, 2012. °17 5EFa- 6
Stephanie M. Moan Reynolds. MMC,
City Clock
(592785)
V
NOTICE OF PUBLIC REARING
CITY OF ROANOKE
DRAFT 2016 -2017 HUB CONSOLIDATED ANNUAL PERFORMANCE. AND EVALUATION
REPORT
Pursuant to 24 CFR Section 91.105, notice is hereby given that on Monday, September 18, 2017, at 7:00 p.m.,
or as soon thereafter as the matter may be heard, the City Council of Roanoke, Virginia, will meet in the City
Council Chamber, 0' Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,
Virginia, for the purpose of holding a public hearing on the City's draft 2016 -2017 HUD Consolidated Annual
Performance and Evaluation Report (2016 -2017 CAPER). All persons shall be afforded an opportunity to
speak and state their views concerning all aspects of the draft 2016 -2017 CAPER within such reasonable time
limits as shall be established by City Council. Written comments of interested persons will be received by the
City Clerk at any time prior to the hearing.
Complete copies of the draft 2016 -2017 CAPER are available for public inspection beginning Monday, August
21, 2017, at the City Clerk's Office, Noel C. Taylor Municipal Building, 215 Church Avenue S.W., Room 456
South, Roanoke VA 24011; the HUD Community Resources Division Office, Noel C. Taylor Municipal
Building, 215 Church Avenue, S.W., Room 305 North, Roanoke VA 24011; City Library Main Branch at 706
S. Jefferson Street S.W., Roanoke VA 24016; and the Roanoke Redevelopment and Housing Authority, 2624
Salem Turnpike, N. W, Roanoke VA 24017. The drafl 2016 -2017 CAPER is also available on the City's
websiteatwww.roanokeva.eov. Written comments on the draft 2016 -2017 CAPER will be accepted through
Tuesday, September 19, 2017, at 4:00 p.m. at the HUD Community Resources Division, Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W., Room 305 North, Roanoke VA 24011, or email to
Keith.Holland@roanokeva.gov.
All who desire to speak at the public hearing should contact the City Clerk's Office at (540) 853 -2541.
Individuals with a disability needing an accommodation should contact the City Clerk's Office by 12:00 noon
on Thursday, September 14, 2017. For further information about the meeting or to comment on or inquire
about the 2016 -2017 CAPER, contact the HUD Community Resources Division at (540) 853 -6404.
Given under my hand this 1st day of September 2017.
Stephanie M. Moon Reynolds, MMC, City Clerk
NOTE TO ROANOKE TIMES:
Please publish this notice in the Roanoke Times for one day, Friday, September 1,
2017.
This notice may appear in that portion of the newspaper reserved for legal notices
and classified advertisements.
For questions regarding this notice, contact Keith Holland, Department of
Planning, Building and Development at 853 -6404.
Send publisher's affidavit to: Stephanie M. Moon Reynolds, MMC, City Clerk
Room 456, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 2401 1 -1 536
Send bill to: Keith Holland
Dept. of Planning, Building and Development
Community Resources Division
Room 305 North, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 2401 1 -1 536
>
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of September, 2017.
No. 40966 - 091817.
AN ORDINANCE authorizing the proper City officials to execute a Contract for
Purchase and Sale of Real Property ( "Contract') between the City of Roanoke, Virginia ( "City "),
and Lora J. Katz ( "Buyer "), to sell to Buyer an approximately 0.75 acre parcel of a portion of
City-owned property located at 2424 Brambleton Avenue, S.W., Roanoke, Virginia, which
parcel consists of City -owned property designated as Official Tax Map No. 1470301, upon
certain terms and conditions; authorizing the City Manager to execute such further documents
and take such further actions as may be necessary to accomplish the above matters; and
dispensing with the second reading of this Ordinance by title.
WHEREAS, a public hearing was held on August 21, 2017, and continued on September
18, 2017, pursuant to Section 15.2 -1800 and Section 15.2 -1813, Code of Virginia (1950), as
amended, at which hearing all parties in interest and citizens were afforded an opportunity to be
heard on such conveyance.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to execute a sales
Contract, substantially similar to the Contract attached to the City Council Agenda Report to this
Council dated September 18, 2017, to sell to Buyer an approximately 0.75 acre parcel of a
portion of City-owned property, together with the Building situated thereon (`Property "), the
Property being a portion of City -owned property located at 2424 Brambleton Avenue, S.W.,
Roanoke, Virginia, which parcel is designated as Official Tax Map No. 1470301 for the purchase
price of $10.00, upon certain terms and conditions; for Buyer to restore the Building and use it
O- Awhorize conhnct betweut C6y and Lora Katz-F'Ishhnrn Propeny- 'rM1470501(9. 19 17)
for a single family residence, upon such terms and conditions as more particularly set forth in the
above - mentioned Agenda Report.
2. The City Manager is further authorized to execute such further documents,
including a Special Warranty Deed of Conveyance for the transfer of the Property to the Buyer in
accordance with the terms of the Contract, and take such further actions as may be necessary to
implement, administer, and enforce the Contract, and complete the sale and transfer of the
Property to the Buyer.
3. The City Manager is further authorized on behalf of the City to negotiate and
execute such further documents and take such further actions related to this matter and as may be
necessary to implement, administer, and enforce the conditions and obligations that must be met
by the Buyer pursuant to the Contract which obligations include, but are not limited to, Buyer
commencing construction activity with ninety (90) days of Closing, and substantially completing
construction no later than 12 months after the closing date.
4. The form of the documents referred to above and in the Agenda Report are to be
approved by the City Attorney.
5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
ATTrST:
City Clerk. l•
O- Aathoda contract between City and Loa Katz- F16hara Property- RA147030)(918 .IZ) 2
°~ CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 18, 2017
Subject: Sale of Land of Approximately 0.75 Acres and Improvements -
Former Fishburn Park Caretaker's Cottage
Background:
The City of Roanoke (City) is the owner of a parcel of land, consisting of
approximately 15.2176 acres (Parcel) which contains the former Fishburn Park
Caretaker's Cottage located at 2424 Brambleton Ave., S.W., and identified as Tax
Map Number 1470301. Loraj. Katz, an individual (Buyer) has submitted a revised
proposal to purchase an approximate 0.75 acre portion of the Parcel (Property)
which includes the Cottage for Ten Dollars ($10.00) in order to restore the
building and use it for a single family residence.
A public hearing was held on August 21, 2017, at which Council Members heard
from various presenters regarding matters related to the parcel size and
configuration contemplated in the Sale and Purchase Agreement and the Buyer's
efforts to preserve the cottage and certain elements therein. Council continued
the public hearing to September 18, 2017, at 7:00 p.m. at Council Chamber.
The attached proposed Contract for Purchase and Sale of Real Property (Contract)
contains the terms and conditions revised following the public hearing on August
21, 2017, a subsequent on -site meeting with the Buyer and city staff, and receipt
of Buyer's revised proposal.
Considerations:
In consideration of the purchase price of Ten Dollars ($10.00), Buyer agrees to the
following Post Closing Performance Obligations:
• Develop the Property in accordance with Buyer's Proposal and Plans and
invest a minimum of $135,000 in building construction and equipment in
connection with the renovation.
• Commence construction activity no later than 90 days of the closing date.
• Complete construction activities by twelve (12) months after the closing
date.
• Certify in writing to the City, with detailed itemized costs, the amount
invested in the building construction and equipment, and do so within 90
days of the receipt of a formal Certificate of Occupancy, and, should the
costs be less than the agreed to $135,000 minimum investment, pay to the
City any difference.
• Provide the City with written status reports due on the 1" day of the month
for January, April, July and October subsequent to closing and until
completion.
• Buyer will not sell, transfer, or otherwise dispose of the Property or any
portion of interest thereof until the Property has been completely developed
and the Buyer has received a permanent Certificate of Occupancy.
• In the event the Buyer sells, or otherwise conveys the Property or any part of
the Property, within Four (4) Years of the date of issue of the final
Certificate of Occupancy, the Buyer shall repay the City $75,000 (based on
the current assessed value of $74,400). This obligation shall be secured by
a first priority Deed of Trust on the Property.
• Buyer is responsible for payment of all applications, filing and related fees
to City for creation of the Property as a separate parcel from original Parcel.
• Buyer will not construct more than one (1) accessory structure as defined by
City Zoning Ordinance as contained in Chapter 36.2 of City Code, make no
curb cuts onto Brambleton Avenue, S.W., from the Property, or use Fishburn
Park public access to access the property whether by Buyer, contractors,
guests or invitees except as provided by Easements for ingress and egress,
and may not use any portion of Fishburn Park parking facilities for use by
Buyer, contractors, guests or invitees.
• Buyer agrees that the Deed will include a restriction that will limit use of the
Property to single family purposes as permitted by the applicable zoning
district.
• Buyer agrees that the Deed will include a restriction that the Property shall
not be further subdivided at any time after closing.
• Buyer agrees that the Deed will include a restriction that the Building shall
not be razed, demolished or removed, in whole or in part (other than
removal of portions of the existing structure set forth in Buyers proposal),
without the prior approval of Seller.
• Buyer agrees that during and subsequent to development of the Property
and the Building, Buyer shall preserve, whether in place or re- purposed
elsewhere in the structure, historic elements of the Building listed in Buyers
proposal, to the extent possible, and that prior to the issuance of a
permanent certificate of occupancy for the Building, Buyer shall provide
Seller with a detailed schedule of the historic elements of the Building
preserved by Buyer.
In addition, after Buyer completes her due diligence, Buyer, at Buyer's expense,
will need to subdivide the Parcel into two separate parcels, one of which is the
Property, obtain approval to rezone the Property from its current zoning district
(Recreational Open Space) into a residential zone; obtain approval to release the
Property from its designation as a part of Fishburn Park; and obtain approval of
the necessary, nonexclusive easement for ingress and egress, and to the extent
necessary easements for water, sewer, and gas service to the Property. All such
easements will benefit solely the Property and are not transferrable except with
the transfer of the Property.
It is anticipated that this performance -based conveyance of public property will
ensure the timely renovation of this Property while maintaining the scale and
setting of the former Caretaker's Cottage.
Recommended Action:
Approve the attached ordinance authorizing the City Manager to execute a
contract substantially similar to the one attached to this Report, and to execute
such other documents and to take such further action as may be necessary to
implement, administer, and enforce such contract. All documents are subject to
the approval as to form by the City Attorney.
i
------- - - - - -- --------------- --
Robert S. Cowell, Jr.
City Manager
Attachment
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager
Amelia Merchant, Acting Director of Finance
Michael Clark, Director, Parks and Recreation
Wayne Bowers, Director, Economic Development
DRAFT DATE: 09.11.2017
CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY
This Contract For Purchase and Sale of Real Property (Contract) is dated September _,
2017, by and between the City of Roanoke, Virginia, a Virginia municipal corporation ( "Seller"
or "City "), and Lora J. Katz, an individual (`Buyer").
RECITALS:
WHEREAS, Seller is the owner in fee simple of certain real property located at 2424
Brambleton Avenue, S.W., Roanoke, Virginia 24015, Official Tax Map No. 1470301, containing
approximately 15.2176 acres, together with all improvements thereon, as shown and described
more particularly in the attached Exhibit I ( "City's Parcel ");
WHEREAS, Seller is desirous of selling a portion of the City's Parcel not to exceed 0.75
acres, together with improvements thereon, including the caretaker's house (`Building "), and
Easements all as depicted on the attached map attached hereto as Exhibit 1 -A (`Property ") to
Buyer and Buyer is desirous of acquiring such Property including the Building and Easements in
order to restore the Building and use it for a single family residence in accordance with Buyer's
proposal dated April 14, 2017, revised Jane 6, 2017, and revised August 30, 2017, together with
such supplements, additions, and amendments that Buyer shall make prior to closing and shall be
attached hereto (`Proposal ");
WHEREAS, the Building located on the City's Parcel is currently vacant and in disrepair,
the Building has an assessed value of $74,400, and Seller will sell the Property, including the
Building, to Buyer for a price less than the assessed value provided Buyer fully complies with all
terns and conditions as set forth in this Contract and, if Buyer fails to comply with such terms
and conditions, Buyer shall be liable to Seller for remedies set forth hereinafter or for such other
remedies available to Seller as set forth in this Contract or by law; and
WHEREAS, the City desires that renovation and development of the Building and the
Property in accordance with the Proposal ( "Project ") proceed.
THEREFORE, for and in consideration of the mutual covenants and conditions herein set
forth in this Contract including the Recitals above, which Recitals are incorporated herein and
made a part of this Contract and other good and valuable consideration, the receipt and
sufficiency of which is acknowledged by the parties hereto, Seller and Buyer hereby agree as
follows:
SECTION 1. DEFINITIONS.
Unless the context otherwise specifies or requires, for the purpose of this Contract, the following
terms shall have the meanings set forth in this Section:
Building: An approximately 1,080 square foot facility currently located on the City's Parcel and
which will become a part of the Property, in its current condition.
Comma for Sal¢ (o.aa 09.113017)
DRAFT DATE: 09.11.2017
Buyer's Proposal or Proposal: Buyer's Proposal refers to the Buyer's planned subdivision of
the City's Parcel to establish the Property as a separate parcel, and the renovation of the Building
on the Property for residential use, as set forth in a document entitled "Department Surplus
Property Sale Proposal," dated April 14, 2017, revised June 6, 2017, and revised August 30,
2017, prepared by Lora J. Katz, a copy of which is made a part hereof and marked as Exhibit 2,
together with such supplements, additions, and amendments thereto that Buyer shall make to
provide additional details with respect to the Project. Such supplements, additions, and
amendments shall be attached to this Contract prior to Closing and shall be a part of this
Contract.
City's Parcel: A certain parcel of land located at 2424 Brambleton Avenue, S.W., Roanoke,
Virginia 24015, Official Tax Map No. 1470301, containing approximately 15.2176 acres,
together with all improvements thereon. The City's Parcel was conveyed to Seller by deed dated
January 2, 1925, from Weaver Heights Corporation recorded in the Office of the Clerk of the
Circuit Court of the City of Roanoke, Virginia in Deed Book 141, Page 401. The City's Parcel is
more particularly described in Exhibit 1 attached hereto and made a part hereof.
Closine: The consummation of this Contract by Seller's delivery of a Special Warranty Deed to
the Property and Easements to Buyer.
Closine Date: The date provided for in Section 11 hereof for the Closing.
Construction Activity: The receipt of all Permits and Approvals and the initiation of site work
on the Property by Buyer.
Construction Performance Liquidated Damages: The amount equal to One Hundred
dollars ($100.00) multiplied by the number of Days after (i) 90 days after the Closing Date
and until and including the Day on which the Buyer actually commences Construction
Activity; or (ii) 12 months after the Closing Date, and until and including the Day on which
the Buyer actually achieves Substantial Completion of Construction.
Commencement Date: The date on which Buyer certifies in writing to Seller that Buyer has
commenced Construction Activity to the reasonable satisfaction of Seller, which date shall be no
later than 90 days after the Closing Date.
Contemplated Use: The development of the Property by Buyer solely for the purpose of
residential use, Substantially Completed not later than 12 months after the Closing Date.
Days: Unless otherwise stated, this term means consecutive calendar days.
Deed: The Deed shall be a special warranty deed, subject to all restrictions of record, this
Contract, the Restricted Covenant, and as set forth in the Title Commitment. The Deed shall also
be subject to all obligations of Buyer under the terms of this Contract. The Deed shall also
include a grant of the Easements.
Connet kr Sale (Draft 09.11.2017) 1
DRAFT DATE: 09.11.2017
Easements: All necessary easements to enable the Buyer to develop the Property solely for the
purpose of residential use, including an access ingress/egress easement, water and sewer
easements, which easements shall be determined and agreed upon by Buyer and Seller during the
Inspection Period, as defined below, as the same may be extended. Unless otherwise permitted
by law, such Easements shall have a duration of 40 years from the date on which such Easements
are granted. The Easements shall be appurtenant to the Property, solely for the benefit of the
Property, and cannot be transferred separate from the Property.
Governmental Authority: Governmental Authority means the United States of America, the
Commonwealth of Virginia, any other state of the United States, the City, any Federal, state,
regional, or local body, commission, or agency having jurisdiction with respect to the
construction, development, occupancy, use, and operation of the building as contemplated in the
Project.
Permits and Approvals: All permits, approvals, consents, and authorizations issued by a
Governmental Authority that are required for the construction, and use of the building as
contemplated in the Project, all such permits, approvals, consents, and authorization having been
finally issued and subject to no condition unacceptable to Buyer and subject to no appeal.
Plans or Plan: These terms mean the design plans and/or drawings and/or other documents as
approved by the City of Roanoke Department of Planning, Building and Development.
Project: This term means and includes the renovation of an approximately 1,080 square foot
facility, to be developed by Buyer in accordance with the Proposal, as well as any related and/or
connected work that may be required and/or done on any part of the Property in addition to the
Building, all in accordance with the terms and provisions of this Contract.
Property: A portion of the City's Parcel, not to exceed 0.75 acres, together with the Building,
as depicted on the map attached hereto as Exhibit 1 -A. The Property is subject to all liens,
encumbrances, easements, and restrictions of record. Buyer shall be responsible, at its sole cost
and expense to prepare and record a subdivision plat to subdivide the City's Parcel into two lots,
one such lot being the Property to be sold to Buyer pursuant to this Contract and the remaining
parcel to be retained by Seller.
Purchase Price: The sum of $10.00 to be paid by Buyer for the acquisition of the Property and
Easements from Seller.
Restrictive Performance Covenant: The restrictions in the Deed that require Buyer to (i)
commence Construction Activity by 90 days after the Closing Date; (ii) invest a minimum of
$135,000 in building constrction and equipment; and (iii) achieve Substantial Completion of
Construction by 12 months after the Closing Date.
Restrictive Use and Development Covenant: The restrictions in the Deed that are set forth in
Sections 4(B)(10), (11), (12), and (13) of this Contract.
Cone t fnr Sale (nrea 09.111017) 1
DRAFT DATE: 09.11.2017
Substantial Completion Substantially Complete or Completed, or Substantial
Conformance: Development of the Property by Buyer in accordance with the Contemplated
Use and Plans and where a fmal certificate of occupancy has been issued to Buyer from the City
of Roanoke Department of Planning Building and Development for the Building, as set forth in
the Plans.
Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be
issued by a Title Company.
Title Company: Any nationally recognized title insurance company acceptable to Buyer.
SECTION 2. PURCHASE AND SALE OF PROPERTY.
A. Seller agrees to sell the Property and Easements to Buyer, and Buyer agrees to purchase,
the Property and Easements from Seller, upon all the terms, covenants, and conditions set
forth in this Contract.
B. The purchase price for the Property and Easements ( "Purchase Price ") shall be Ten
Dollars ($10.00) payable in cash or certified check from Buyer to Seller at Closing,
together with the other obligations of Buyer as set forth in this Contract.
SECTION 3. CONDITIONS PRIOR TO CLOSING.
A. 1. As a condition precedent to Buyer's obligation to purchase the Property or
otherwise to perform any obligations provided for in this Contract, Seller, as of
the Closing, shall have complied with Seller's representations and warranties in
Section 10 of this Contract, the fulfillment to Buyer's reasonable satisfaction of
Seller's delivery to Buyer on the Closing Date of title to the Property and other
documents as prescribed in Section 11, Buyer shall have obtained all Permits and
Approvals, and Buyer shall be satisfied with the results of its due diligence and
inspections undertaken pursuant to Section 17.
2. As a condition precedent to Seller's obligation to sell the Property and Easements
or otherwise to perform any obligations provided for in this Contract, Buyer, as of
the Closing, shall have complied with Buyer's obligations, representations, and
warranties in this Contract.
As a condition precedent to Seller's obligation to sell the Property or otherwise to
perform any obligations provided for in this Contract, City Council shall release
Seller's right to maintain and operate Fishburn Park at the Property. Upon
completion of inspections and due diligence by Buyer as provided in Section 17
of this Contract and notification from Buyer that Buyer intends to proceed, Seller
shall initiate appropriate proceedings as required by applicable laws of the
Commonwealth of Virginia and ordinances of the City to request City Council to
consider the release of Seller's right to operate Fishbum Park at the Property.
Contract 1M Sale (Draft 09.11.2017)
DRAFT DATE: 09.11.2017
Thirty (30) Days prior to the proposed Closing Date, Buyer will provide to Seller,
to the Seller's sole satisfaction, written confirmation and documentation of
Buyer's obtaining financial commitments from a recognized financial institution
authorized to conduct business in the Commonwealth of Virginia in the fort of a
loan commitment, with only customary commercial conditions and/or written
evidence of cash in -hand, subject to no restrictions or limitation on the use of such
funds for the Project, sufficient to undertake the initial renovation of the Building
in accordance with the Contemplated Use of the Property, such loan commitments
and cash in -hand, in the aggregate, shall not be less than $135,000.
5. As a condition precedent to Buyer's obligation to purchase the Property or
otherwise to perform any obligations provided for in this Contract, and following
the (1) expiration of the Inspection Period pursuant to Section 17; and (2) City
Council releasing Seller's right to maintain and operate Fishb mr Park at the
Property pursuant to Section 3.A.3:
a. Buyer will undertake and complete a Boundary Survey and Subdivision Plat
of the Property, at its sole cost and expense, such Survey and Subdivision Plat
shall be subject to prior approval of Seller before Buyer submits the
Subdivision Plat to the City's Planning, Building and Development
Department. Seller's approval hereunder shall not be unreasonably withheld
and such approval shall not be deemed to be approval for any regulatory
purpose.
b. Buyer shall apply for and receive approval from the City of Roanoke for
rezoning the Property to Residential Single - Family District (R -12). The City
agrees to promptly execute any forms and applications related thereto that
Buyer reasonably requests, provided, however, that the burden of obtaining
such approval shall be home by Buyer. The City shall cooperate with Buyer in
pursuing the foregoing approval. Buyer shall be responsible for payment of all
application, filing, and related fees to the City of Roanoke for rezoning of the
Property.
Buyer and Seller shall determine and agree upon all Easements necessary to
enable the Buyer to develop the Property solely for the purpose of residential
use, and which Easements may be located on the City's Parcel. Buyer
acknowledges that the Easements granted by the Seller may only be granted
for a period of forty (40) years. Buyer shall, at its sole cost and expense,
prepare a plat in recordable form that accurately depicts the area of the
Easements on the City's Parcel. Buyer shall provide Seller with a copy of the
proposed Easements plat for approval by Seller prior to Closing. Such
approval shall not be unreasonably withheld.
d. City Council shall approve the grant of the Easements. Upon approval by
Seller as provided in Section 3.A.5.c of this Contract, Seller shall initiate
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DRAFT DATE: 09.11.2017
appropriate proceedings as required by applicable laws of the Commonwealth
of Virginia and ordinances of the City to request City Council to consider the
grant of the Easements.
B. Buyer and/or Seller may, at any time on or before the Closing Date, at its respective
election, waive in writing any of the other party's conditions precedent referenced in this
Section 3, and Buyer's and Seller's consummation of the transaction on the Closing Date
shall waive all such conditions precedent.
C. In the event that the Closing has not occurred through no fault of Seller on or before the
Closing Date, Seller, by written notice given to Buyer, shall provide Buyer with a ten
(10) Day cure period from the Closing Date in which to deliver the Purchase Price and
proceed with Closing. If Closing has not occurred within such additional time period
through no fault of Seller, this Contract shall automatically be terminated without any
farther action. In the event of any termination as set forth above, this Contract shall be
deemed terminated and of no further force and effect.
D. Upon the request of Seller, Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives and consultants, shall within a
reasonable period of time after receipt of any preliminary or final survey, test results or
conclusory reports and opinion statements, deliver copies of same to Seller. If Seller so
requests, Buyer shall also turn over copies of raw data obtained and any laboratory and
observation reports or analyses. Such copies of all the above shall be provided to Seller
without charge. Neither Buyer nor the provider of the report makes any representations
or warranties to Seller about such reports or opinions and Seller may not rely on such
information.
E. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees,
representatives and consultants, shall at all times comply with all applicable federal, state,
and local laws, rules, and regulations. Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives and consultants, prior to exercising
any rights under this Section 3, shall obtain, at their cost, any and all Permits and
Approvals for such work.
SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS.
A. Obligations at Closing.
L Seller's Obligations.
At the Closing, Seller agrees to sell to Buyer the Property and Easements and
deliver the Deed to Buyer in accordance with the terms of this Contract.
2. Buyer's Obligations.
Buyer agrees and promises that it will do and/or has done the following at
Closing:
Comma (m Sale (Dna 09.11.2010)
DRAFT DATE: 09.11.2017
a. Buyer will purchase the Property from Seller for the Purchase Price of Ten
Dollars ($10.00) and will make payment in accordance with the terms of
this Contract.
b. Buyer accepts the Property in an "AS IS" condition and acknowledges and
agrees that Seller makes no representations or warranties with respect to
the Property other than what is contained within this Contract. Buyer
agrees that Buyer is taking the Property and Easements, including the
Building and Improvements, without any warranties or representations
from Seller and that Buyer has had sufficient opportunities to fully
examine the Property, including the Building, and that Buyer shall comply
with all environmental and other laws in developing the Property.
C. Buyer shall promptly pay for all advertising costs and any related fees or
costs connected with this Contract and/or the sale of the Property and
Easements, including, but not limited to costs for any advertisement of
required public hearing(s). Such payment shall be made directly to the
entity providing the advertising or other service, or to the City, as the City
may direct.
d. Buyer agrees that the conditions and obligations of Buyer under this
Contract are conditions and obligations that shall be incorporated either
directly or by reference in any deed to the Property from Seller to Buyer,
shall survive Closing, and shall be binding on Buyer's successors and
assigns.
C. Buyer and Seller agree to determine the value of the Property, as
subdivided, and Building, and shall certify the value at Closing.
B. Post - Closing Performance Obligations of Buyer.
Buyer acknowledges and agrees that a part of the consideration for the Seller is the
Buyer's commitment to develop the Project in accordance with Buyer's Proposal and the
performance of this commitment. Buyer agrees to perform each of the following
obligations in accordance with the terms and conditions set forth in this Contract.
Buyer will develop the Property in accordance with Buyer's Proposal and Plans
and invest a minimum of $135,000 in building construction and equipment at the
Property in connection with the renovation of the Building ( "Minimum
Investment"). The Minimum Investment shall not include the amount of the
Purchase Price. Completion of this development shall be pursued diligently and
timely by Buyer and Buyer shall be solely responsible for satisfying its
obligations hereunder subject to delays caused by events set out in Section 33 of
this Contract. TIME SHALL BE OF THE ESSENCE WITH RESPECT TO
EACH AND EVERY OBLIGATION OF BUYER HEREUNDER.
Contract for Sale (Draft 09A 1.2017)
DRAFT DATE: 09.112017
2. Buyer shall continence Construction Activity by the Commencement Date to the
reasonable satisfaction of Seller, and will continue to do so, subject to delays
caused by events set out in Section 33 of this Contract, without interruption, until
the Project is completed. Failure to meet these requirements shall be a material
breach of this Contract for which Seller shall have its remedies, including, but not
limited to collection of the Construction Performance Liquidated Damages
pursuant to Section 12 of this Contract, and all such remedies as may be allowed
by law or in equity.
All design, engineering, demolition, and construction work necessary to complete
the Project in accordance with Buyer's Proposal in accordance with the Plans
shall be Substantially Completed, and a final certificate of occupancy has been
issued to Buyer from the City of Roanoke Department of Planning Building and
Development for the Building by 12 months after the Closing Date. In the event
that Buyer fails to Substantially Complete the Project in accordance with this
Section, such event shall be a material breach of this Contract for which Seller
shall have its remedies, including, but not limited to collection of the
Construction Performance Liquidated Damages pursuant to Section 12 of this
Contract, and all such remedies as may be allowed by law or in equity.
4. Within ninety (90) days after the issuance of the final certificate of occupancy by
the City of Roanoke Planning, Building and Development Department for the use,
occupancy and operation of the building, Buyer shall certify, in writing, to the
City the amount invested by Buyer in building construction and equipment in
connection with the Project. This certification shall include a detailed itemization
of these costs, certified by the Buyer. In the event that the amount of this
investment is less than the Minimum Investment, such event shall be a material
breach of this Contract for which Seller shall have its remedies, including, but not
limited to the Buyer shall pay to the City the amount of the difference between the
Minimum Investment and the actual amount of the investment, and all such
remedies as may be allowed by law or in equity.
5. Buyer agrees to and shall provide written progress reports (which may be by
email) to the Seller's Assistant City Manager for Community Development four
times a year, on the tat day of the months of January, April, July, and October
subsequent to Closing and until Substantial Completion. Such progress reports
shall provide the Seller with sufficient information regarding Buyer's status as to
performance of Post - Closing activities to meet the terms of this Contract and to
alert Seller to any issues, problems, or delays that Buyer has encountered or
anticipates Buyer may encounter.
6. Buyer acknowledges and agrees that Buyer shall not sell, transfer, or otherwise
dispose of the Property or Easements, any portion of the Property or Easements,
or any interest in the Property or Easements, other than a deed of trust or
mortgage in connection with the development and construction of the Project,
Cont t for Sak(Draft 09.11.2019)
DRAFT DATE: 09.11.2017
until the Property has been developed completely in accordance with the Proposal
and subsequent Plans, and a final, permanent certificate of occupancy issued by
the City of Roanoke Department of Planning, Building and Development has been
granted to Buyer for the Building. If Buyer conveys, transfers, or attempts to
convey or transfer the Property, any portion of the Property, or any interest in the
Property, such conveyance shall be deemed void, of no force or effect, and a
breach of this Contract.
Buyer may grant a mortgage or deed of trust on the Property provided that to
holder of any such mortgage or deed of trust shall acknowledge and agree in
writing that the right granted Seller pursuant to Section 4.B.8 is superior to the
mortgage or deed of trust. Buyer shall require that each and every lender of the
Buyer that seeks to encumber the Property with a mortgage or deed of trust to
acknowledge and agree to the provisions of this Section 4.13.7.
Buyer recognizes that Seller is selling the Property to Buyer at a discounted sales
price. The parties acknowledge and agree that as of the date of this Contract, the
assessed value of the Building, by the City of Roanoke's Director of Real Estate
Valuation is $74,400. In the event, Buyer sells, or otherwise conveys the Property,
or any part of the Property, at any time within four years of the date the final,
permanent certificate of occupancy is issued by the City of Roanoke Department
of Planning, Building and Development to Buyer for the Building, Buyer shall
repay to the City $75,000, whether or not the Property has depreciated or
appreciated in value. This obligation shall be secured by a first priority Deed of
Trust on the Property. The Deed of Trust shall contain such standard and
commercially reasonable terms and conditions that are standard in commercial
transactions within the Commonwealth of Virginia and shall be in a fora
acceptable to Seller.
9. Buyer shall be responsible for payment of all application, filing and related fees to
the City of Roanoke for the creation of the Property as a separate parcel from its
adjoining property belonging to Seller as defined in Section 4.A.2.e above.
10. Buyer agrees that during and subsequent to to development of the Property and
the Building, Buyer shall NOT:
a. Construct more than one (1) accessory structure, as defined by the City of
Roanoke's Zoning Ordinance as contained in Chapter 36.2 of the Roanoke
City Code, on the Property;
b. Make any curb cuts on Brambleton Avenue, S.W.;
C. Use Fishbumn Park public access in order to access the Property, whether
access is by Buyer, her contractors, guests, or invitees, except as provided
in the Easement for egress and ingress; and
d. Use any portion of the Fishbum Park parking facilities for use by Buyer,
her contractors, guests, or invitees.
Contat fm Sale (Daft 09.11.2017)
DRAFT DATE, 09.11.2017
11. Buyer agrees that the Deed will include a restriction that will limit use of the
Property to single family purposes as permitted by the applicable zoning district.
12. Buyer agrees that the Deed will include a restriction that the Property shall not be
subdivided at any time after Closing.
13. Buyer agrees that the Deed will include a restriction that the Building shall not be,
razed, demolished or removed, in whole or in part (other than removal of portions
of the existing structure set forth in Buyer's Proposal), without the prior approval
of Seller.
14. Buyer agrees that during and subsequent to the development of the Property and
the Building, Buyer shall preserve, whether in place or re- purposed elsewhere in
the structure, historic elements of the Building listed in Buyer's Proposal, to the
extent possible. Prior to the issuance of the permanent certificate of occupancy for
the Building, Buyer shall provide Seller with a detailed schedule of the historic
elements of the Building preserved by Buyer.
C. Obligations Survive Closing.
1. Buyer agrees that the conditions and obligations of Buyer under this Contract are
conditions and obligations that shall be incorporated either directly or by reference in
any deed to the Property from Seller to Buyer, shall survive Closing, and shall be
binding on Buyer's successors and assigns. These conditions and obligations of the
Buyer which survive the Closing shall run with the land. Upon the written request of
Buyer after satisfaction of one or more conditions or obligations by Buyer which
survived the Closing, the City shall verify satisfaction of such conditions or
obligations by Buyer and, upon verification, the City shall execute and deliver to
Buyer a document in which the City acknowledges the satisfaction of such conditions
or obligations of the Buyer which survived the Closing. Such document shall be in a
form suitable for recording in the Clerk's Office of the Circuit Court for the City of
Roanoke, Virginia. The form of the document shall be approved by the City Attorney
and shall acknowledge satisfaction of only those conditions or obligations of Buyer
specifically set forth in such document and shall further provide that all other
conditions and obligations of Buyer (except for those previously satisfied and
acknowledged by the City in writing) remain in full force and effect. If requested by
Buyer, the City shall provide a separate document following the satisfaction of each
condition or obligation of the Buyer hereunder. The Buyer shall be responsible for the
costs of recording each such document.
2. Seller's obligations set forth in Section 4.13 shall survive the Closing, subject to strict
compliance by Buyer with respect to the conditions of Section 4.B.
SECTION 5. COMPLIANCE WITH LAWS.
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DRAFT DATE, 09.11.2017
Buyer agrees to and shall comply with all applicable federal, state, and local laws, ordinances,
and regulations, including all applicable licensing requirements. Buyer further agrees that Buyer
does not, and shall not during the performance of this Contract, knowingly employ an
unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.
SECTION 6. ASSIGNMENT.
Buyer agrees not to assign or transfer any part of this Contract without the prior written consent
of Seller, which will not be unreasonably withheld, and any such assignment shall not relieve
Buyer from any of its obligations under this Contract.
SECTION 7. INDEMNITY.
Buyer agrees to indemnify and hold harmless Seller and its officers, directors, and employees
free and harmless for and from any and all claims, causes of action, damages or any liability of
any type, including reasonable attorney's fees, on account of any claims by or any injury or
damage to any persons or property growing out of or directly or indirectly resulting or arising in
any way out of any actions, omissions, or activities of Buyer or its agents, employees,
contractors, or representatives arising out of or connected in any way to any of the matters
involved in this Contract or any performance thereunder. Buyer's indemnity obligations
hereunder shall be subject to the provisions of Section 17(B)(3) of this Contract.
SECTION 8. FORUM SELECTION AND CHOICE OF LAW.
By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent
jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke,
Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of
Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and
that all claims, disputes and other matters shall be decided only by such court according to the
laws of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to
assert in any such action, suit or proceeding, that it is not personally subject to the jurisdiction of
such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the
venue of the action, suit or proceeding, is improper.
SECTION 9. EASEMENTS.
A. Easements to be granted by Buyer to Seller.
Buyer promises and agrees to grant and dedicate to Seller and/or the Western Virginia
Water Authority, at any time before Substantial Completion, all reasonably necessary
easements on Buyer's Property for the construction of infrastructure improvements
needed for or benefiting the Property and which easements are necessary to and
benefitting the development of the Project in accordance with Buyer's Proposal,
Comma fm Sale (ores 09.112017) 11
DRAFT DATE: 09.11.2017
including, but not limited to, storm drainage, sanitary sewers, and/or water, all at no cost
to the Seller and/or the Western Virginia Water Authority.
B. Easements to be granted by Seller to Buyer.
Access Easement.
The Access Easement shall provide for the nonexclusive right of ingress to and egress
from the Property to Brambleton Avenue, S.W., by pedestrian or vehicle, for the Buyer,
its guests, invitees, and contractors, and for no other purposes. Buyer shall have no right
to grant easement rights to benefit any parcel of property. Buyer shall have the right, but
not the obligation, to maintain the area of the City's Parcel subject to the Access
Easement to the condition that City's Parcel is in as of the Closing. Under no
circumstances shall Buyer construct, erect, install, or maintain any structures, barriers,
curbing, or other improvements within the area of the Access Easement. Seller reserves
all rights in the City's Parcel, including the right to allow others to use portions of the
Access Easement provided such uses do not prevent ingress to or egress from the
Property. The Access Easement will require Buyer to maintain insurance coverages to
protect the Seller, provide indemnity, and satisfy other conditions. The Access Easement
shall benefit solely the Property and may not be conveyed separately from a conveyance
of the Property. Grant of the Access Easement is subject to separate approval by City
Council in accordance with Section 3.A.5.c. hereof.
2. Utility Easements.
The Utility Easements shall provide, to the extent necessary, nonexclusive easements on
the City's Parcel for the construction, installation, maintenance, repair, and replacement
of utility services for water, sewer, and gas for service solely to the Property, and for no
other purpose. All utility lines shall be constructed within the area of the Utility
Easements and City will reserve the right to use the area of the Utility Easements for
other purposes, provided such uses do not interfere with the rights granted to Buyer. The
Utility Easements will require Buyer to maintain insurance coverages to protect the
Seller, provide indemnity, and satisfy other conditions. The Utility Easements shall
benefit solely the Property and may not be conveyed separately from a conveyance of the
Property. Grant of the Utility Easements me subject to separate approval by City Council
in accordance with Section 3.A.5.c. hereof.
SECTION 10. COVENANTS AND WARRANTIES.
A. In addition to any representations and warranties contained elsewhere in this Contract,
Seller warrants and represents that Seller will, in accordance with this Contract, convey
title to the Property and Easements in an AS IS condition and subject to any items of
record.
B. Seller further represents and warrants with respect to the Property that:
Concoct for Sale miaa 09.11.2017) 12
DRAFT DATE: 09.11.2017
1. Title. Seller has title to the Property subject to any restrictions of record. Seller is
the sole owner of the Property.
2. Condemnation. Seller has no knowledge of any pending or threatened
proceedings for condemnation or the exercise of the right of eminent domain as to
any part of the Property or the limiting or denying of any right of access thereto.
3. Special Taxes. Seller has no knowledge of, nor has it received any notice of, any
other special taxes or assessments relating to the Property or any part thereof.
4. Hazardous Materials. Seller makes no warranties or representations of any type
regarding hazardous materials of any type.
5. No Leases. There are no leases of the Property.
6. Access. Ingress to and egress from the Property shall be provided through the
Access Easement, subject to the terns of this Contract.
SECTION 11. TITLE AND CLOSING.
A. Title to the Property and Easements shall be conveyed by Seller to Buyer by Deed subject
to the following:
Ad valorem real property taxes and stormwater utility fees for the current year,
not yet due and payable;
2. Those other matters of title to which Buyer has not objected to in writing;
3. Those matters reflected on the survey, if prepared by Buyer, to which Buyer has
not objected to in writing, or, in the event that Buyer does not perform a survey
prior to Closing, all matters that would be revealed by an accurate ground survey
of the Property;
4. Easements, encumbrances, and other restrictions of record as of the date of
execution of this Contract by Seller;
5. Liens and objections shown on the Title Commitment;
6. The Restrictive Performance Covenant;
7. The Restrictive Use and Development Covenant;
8. The limitations on sale of the Property set forth in Section 4(B)(8) of this
Contract;
Com.t fa sale IDrea o9.11.20M 13
DRAFT DATE: 09.11.2017
Other standard exceptions contained in a Title Policy as defined in Section I l(B)
below; and
10. Those items and matters set forth in this Contract and that the obligations and
undertakings of Buyer in this Contract shall survive Closing and be incorporated
into the Deed. All of the foregoing exceptions are herein referred to collectively
as the "Conditions of Title."
B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness
on the Closing Date of the Title Company to issue, upon payment of its normal premium,
to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (the "Title Policy ")
insuring Buyer in the amount of the Purchase Price in respect to the Property and
Easements and that title to the Property and Easements is vested in Buyer subject only to
the Conditions of Title.
C. Buyer and Seller shall consummate and complete the Closing of this transaction no
sooner than thirty (30) days but no later than ninety (90) days after satisfaction of all
conditions set forth in Section 3. Buyer shall designate the specific date on which the
Closing shall occur within such period set forth above at least thirty (30) business days
prior to the Closing Date. Under no circumstance shall the Closing occur later than
March 1, 2018, unless Seller grants further extension periods.
D. The Closing shall be at 10:00 A.M. on the Closing Date in the Office of the City
Attorney, or at such other location, date, and time as shall be approved by Buyer and
Seller.
On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the
following documents:
a) Its duly executed and acknowledged Deed conveying to Buyer the
Property and Easements in accordance with the provisions of this
Contract;
b) A mechanic's lien affidavit executed by a representative of Seller,
satisfactory to the Title Company, and to the effect that no work has been
performed on the Property by Seller in the one hundred twenty-five (125)
days immediately preceding the Closing Date that could result in a
mechanic's lien claim, or, if such work has been performed, it has been
paid for in full;
C) Such evidence and documents including, without limitation, a certified
copy of the ordinance adopted by Seller, as may reasonably be required by
the Title Company evidencing the authority of the person(s) executing the
various documents on behalf of Seller in connection with its sale of the
Property and Easements;
Comrem for Sale okaa 09.11.3017) 14
DRAFT DATE: 09.11.2017
d) A duly executed counterpart of a Closing Statement; and
e) Any other items required to be delivered pursuant to this Contract or other
items reasonably required by the Title Company and that do not include
the payment of money, indemnity, or assumption of any liability or
obligation.
E. At Closing, real property taxes (if any), and stormwater utility fees shall be prorated with
Buyer being responsible for all periods thereafter.
F. Buyer shall pay for (i) the cost of all investigations of the Property and Easements
including but not limited to examination of title and title insurance premiums for issuance
of the Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to
Buyer; and (iii) any Grantee's tax and recording costs required to be paid in connection
with the recording of the Deed.
G. Seller shall pay the Grantor's tax, if any, and the expenses of legal counsel for Seller, if
any.
H. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date,
subject to the provisions of this Contract.
Buyer recognizes that Seller is selling the Property and Easements to Buyer at a discounted sales
price and Buyer acknowledges and agrees that an essential element of the agreement between
the City and Buyer with respect to the Project is that Buyer commences Construction Activity
and achieves Substantial Completion of Construction in a timely manner. Buyer and the City
acknowledge and agree that delays in the construction activity will cause damages to the City
which are not capable of exact measurement. The City and Buyer agree that in the event
Buyer fails to commence Construction Activity 90 days after the Closing Date, or achieve
Substantial Completion of Construction 12 months after the Closing Date, and in the absence
of any delays caused by events set out in Section 33 of this Contract, or any written extensions
that may be granted by the City, Buyer shall pay to the City the Construction Performance
Liquidated Damages in the amount equal to the sum of (i) One Hundred Dollars ($100.00);
multiplied by (ii) each Day after (a) 90 days after the Closing Date and until and including
the Day on which the Buyer actually commences Construction Activity; and (b) 12 months after
the Closing Date and until and including the Day on which the Buyer actually achieves
Substantial Completion of Construction. Buyer hereby waives any defense as to the validity of
any liquidated damages stated herein on the grounds that such liquidated damages could be void
as penalties or are not reasonably related to actual damages. Such liquidated damages are in
addition to any other damages the City tray be entitled to recover.
SECTION 13. CONDEMNATION.
C..t., m. Sak (maa 09.11.2019) 15
01 Mal id OX140 MWORAf WillIo
Seller has no actual knowledge of any pending or threatened condemnation of the Property.
However, if, after the date hereof and prior to the Closing Date, all or any part of Property is
subjected to a bona fide threat of condemnation or condemned or taken by a body having the
power of eminent domain or a transfer in lieu of condemnation, Buyer shall be promptly notified
thereof in writing and within twenty (20) days after receipt of written notice to Buyer, Buyer
may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which
event all parties shall be relieved and released of and from any further duties, obligations, rights,
or liabilities hereunder, and thereupon this Contract shall be deemed terminated and of no further
force and effect. If no such election is made by Buyer to cancel this Contract, this Contract shall
remain in full force and effect and the purchase contemplated herein, less any interest taken by
condemnation or eminent domain, shall be effected with no further adjustments, and upon the
Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest
of Seller in and to any awards that have been or that may thereafter be made for any such taking
or takings.
SECTION 14. RISK OF LOSS.
Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed, except if
such loss is the result of acts or omissions of Buyer or Buyer's employees, agents, contractors, or
representatives, in which case such loss shall be Buyer's responsibility. Provided, however, if the
Property is substantially damaged or destroyed before Closing by such casualty, then either party
may cancel this Contract by giving the other party thirty (30) days written notice of such
cancellation and neither party will have any further obligations to the other and Seller shall not
be liable to Buyer for any failure to deliver the Property to Buyer.
SECTION 15. COMMISSIONS.
Seller and Buyer each warrant and represent to the other that their sole contact with the other or
with the Property regarding this transaction has been directly between themselves and their
employees. Seller and Buyer warrant and represent that no person or entity can properly claim a
right to a commission, finder's fee, or other compensation based upon contracts or
understandings between such claimant and Buyer or Seller with respect to the transaction
contemplated by this Contract. Buyer agrees to indemnify Seller against and to hold it barmless
from any claim, loss, cost, or expense, including, without limitation, attorneys' fees, resulting
from any claim for a commission, finder's fee, or other compensation by any person or entity
based upon such contacts or understandings.
A. In the event Buyer shall have fully performed or tendered performance of its duties and
obligations hereunder, but Seller fails to perform any of its duties or responsibilities in
accordance with the terms and provisions hereof, Buyer's sole and exclusive remedy shall
be an equitable suit to enforce specific performance of such duties or responsibilities.
Any and all other remedies otherwise available to Buyer, at law or in equity, are hereby
expressly waived by the Buyer except as otherwise specifically stated in this Contract.
Comracc For sale (Draft 09.11.2017) 16
11 *19.108D7419 =12AII I IJIFA
B. If Buyer fails to comply with any of the terms and conditions, or any of Buyer's
obligations, of this Contract, Seller may enforce any and/or all remedies available to
Seller under this Contract or by law, including, but not limited to termination of this
Contract, collection of the Construction Performance Liquidated Damages pursuant to
Section 12 of this Contract, and all such remedies as may be allowed by law or in equity.
SECTION 17. RIGHT OF ENTRY AND INSPECTION PERIOD.
A. Buyer shall have up to 120 Days following the execution of this Contract to complete
Buyer's due diligence review of the Property (Inspection Period) to determine if there are
any issues that would prevent the Buyer's use of the Property and to obtain all Permits
and Approvals Buyer deems necessary or appropriate for the construction of the Project.
By written notice, Buyer may extend the Inspection Period for an additional period of 60
Days provided Buyer is diligently presenting applications and diligently and timely
making efforts, in good faith, to obtain all Permits and Approvals Buyer deems necessary
or appropriate for the construction of the Project, or to satisfy itself that such Permits and
Approvals will be available. Should Buyer determine during such Inspection Period that
it is not satisfied with the Property or any characteristics thereof for any reason
whatsoever, in Buyer's sole and absolute discretion, Buyer may terminate this Contract
by notifying the Seller in writing as soon as possible, but no later than ten (10) Days after
the end of such Inspection Period, of Buyer's decision to terminate the Contract. In such
case, this Contract shall thereupon be terminated and of no further force and effect, unless
Seller and Buyer mutually agree to modify this Contract to address any such issues.
B. In connection with the Buyer's ability to conduct its due diligence review mentioned
above the Seller hereby grants to Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives, and consultants, a revocable right to
enter upon the Property at any time during the Inspection Period, upon two (2) working
days prior written notice via email to the Seller, or the Seller's designee, at the following
email address: Robert.Ledeer(a),RomokeVa.gov or Brian.TownsendAreanokeva.eov in
order to survey, make test borings, and carry out such other examinations, exploratory
work, or settings as may be necessary to complete Phase I and Phase II Environmental
Assessments, or geotechnical assessments, or nondestructive engineering evaluations of
the Property, and to store Buyer's property and equipment, upon the following terms and
conditions:
If the Buyer exceeds its rights granted under this Section or fails to obtain
and maintain the insurance required by this Section 17, the Seller may
immediately revoke this right of entry.
2. Buyer agrees to be responsible for any and all damages resulting from the
activity or activities of Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives and consultants, on
the Property in the exercise of the rights granted under this Section. Buyer
shall, at its sole cost, promptly and fully restore any land disturbed by the
exercise of the rights under this Section to a condition equal to that
Cowan rm saie (ores 09, 111017) 17
DRAFT DATE: 09.11.2017
existing immediately prior to entry on the Property if Buyer does not
purchase the Property.
3. Buyer agrees and binds itself and its successors and assigns to indemnify,
keep and hold the Seller and its officers, agents, employees, volunteers,
and representatives free and barmless from any and all liability, claims,
causes of action, costs and damages of any type, including reasonable
attorney's fees, on account of any injury or damage of any type to any
person or property growing out of or directly or indirectly resulting from
any act or omission of Buyer in connection with this right of entry,
including, but not limited to, Buyer's use of the Property in violation of
any provision of this Contract, claims relating to the storage of property by
Buyer on the Property, or the exercise of any right or privilege granted by
or under this Section 17. In the event that any suit or proceeding shall be
brought against the Seller or any of its officers, employees, agents,
volunteers, or representatives, at law or in equity, either independently or
jointly with Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives and consultants, on
account thereof, Buyer, upon notice given to it by the Seller or any of its
officers, employees, agents, volunteers or representatives will pay all costs
of defending the Seller or any of its officers, employees, agents, volunteers
or representatives in any such action or other proceeding. In the event of
any settlement or any final judgment being awarded against the Seller or
any of its officers, employees, agents, volunteers or representatives, either
independently or jointly with Buyer, its officers, agents, employees,
contractors, subcontractors, licensees, designees, representatives and
consultants, then Buyer will pay such settlement or judgment in full or
will comply with such order or decree, pay all costs and expenses of
whatsoever nature, including reasonable attorney's fees, and hold the
Seller or any of its officers, employees, agents, volunteers or
representatives harmless therefrom. Buyer's indemnity obligations
hereunder are conditioned upon the indemnified party: (i) promptly
notifying Buyer of any claim in writing; (ii) cooperating with Buyer in the
defense of the claim; and (iii) granting Buyer sole control of defense or
settlement of the claim at the sole cost and expense of Buyer.
4. Buyer shall, within a reasonable period of time after its receipt of any
preliminary or final test results or conclusory reports and opinion
statements related to the physical condition of the Property, deliver or
cause to be delivered copies of same to Seller. If Seller so requests, buyer
shall also turn over copies of raw data obtained and any laboratory and
observation reports or analyses. Said copies shall be provided to Seller
without charge.
5. Buyer shall comply with, and shall require its officers, agents, employees,
contractors, subcontractors, licensees, designees, representatives, and
Contmt [ Sak (nrea 09.112017) 18
DRAFT DATE: 09.11.2017
consultants to comply with, all applicable federal, state, and local laws,
rules, and regulations. Buyer shall obtain, and shall require its officers,
agents, employees, contractors, subcontractors, licensees, designees,
representatives, and consultants to obtain, prior to exercising any rights
under this Section 17 and any and all permits therefore at their expense.
6. Buyer shall, at its sole expense, obtain and maintain, or have its
contractors or representatives obtain and maintain, the insurance set forth
below. Any required insurance shall be effective prior to the beginning of
any work or other performance by Buyer under this Section 17 of this
Contract. The following policies and coverages are required:
(i) Commercial General Liabilitv. Commercial General Liability
insurance, written on an occurrence basis, shall insure against all claims,
loss, cost, damage, expense or liability from loss of life or damage or
injury to persons or property arising out of Buyer's, contractors' or
representatives' acts or omissions. The minimum limits of liability for this
coverage shall be $1,000,000 per occurrence, and $2,000,000 general
aggregate.
(ii) Contractual Liabilitv. Broad form Contractual Liability insurance
shall include the indemnification obligation set forth above.
(iii) Workers' Compensation. Workers' Compensation insurance
covering Buyer's, contractors' or representatives' statutory obligation
under the laws of the Commonwealth of Virginia and Employer's Liability
insurance shall be maintained for all its employees engaged in work under
this Section 17. Minimum limits of liability for Employer's Liability shall
be $100,000 bodily injury by accident each occurrence; $500,000 bodily
injury by disease (policy limit); and $100,000 bodily injury by disease
(each employee). With respect to Workers' Compensation coverage, the
insurance company shall waive rights of subrogation against the Seller, its
officers, employees, agents, volunteers and representatives.
(iv) Automobile Liabilitv. The minimum limit of liability for
Automobile Liability Insurance shall be $1,000,000 combined single Emit
applicable to owned or non -owned vehicles used in the performance of
any work under Section 17 of this Contract and shall be written on an
occurrence basis.
7. The insurance coverages and =omits set forth above may be met by an
umbrella liability policy following the fort of the underlying primary
coverage in a minimum amount of $1,000,000. Should an umbrella
liability insurance coverage policy be used, such coverage shall be
accompanied by a certificate of endorsement stating that it applies to the
specific policy numbers indicated for the insurance providing the
Comrem fn sate (a ft 09.113019) 19
DRAFT DATE: 09.11.2017
coverages required by this Section, and it is further agreed that such
statement shall be made a part of the certificate of insurance famished by
Buyer to the Seller.
All insurance shall also meet the following requirements: Buyer shall
famish Seller appropriate documentation showing the type, amount,
effective dates, and date of expiration of policies; that the City of
Roanoke, its officers, employees, agents, volunteers, and representatives
are named as additional insureds; where waiver of subrogation is required
with respect to any policy or insurance required, such waiver shall be
specified; insurance coverage shall be in a form and with an insurance
company approved by Seller, which approval shall not be unreasonably
withheld; and any insurance company providing coverage shall be
authorized to do business in the Commonwealth of Virginia. Buyer shall
provide the City's Risk Manager with not less than thirty (30) Days
advance notice of cancellation or material alteration of any of the above
required insurance coverage.
SECTION 18. NOTICES.
All notices hereunder must be in writing and shall be deemed validly given, by personal service,
if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier,
addressed as follows (or any other address the party to be notified may have designated to the
sender by like notice):
If to Seller: City of Roanoke,
ATTN: City Manager
364 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Telephone No. 540- 853 -2333
Fax No. 540- 853 -1138
With a Copy to: City of Roanoke Department of Economic Development
ATTN: Economic Development Director
117 Church Avenue, S.W.
Roanoke, VA 24011
Telephone No. 540- 853 -2715
Fax No. 540- 853 -1213
If to Buyer: Lora J. Katz
225 23rd Street, S.W, #303
Roanoke, VA 24014
Telephone: 540 -597 -8223
Connaet Fr Sale (@ea (NA 1.2017) 20
DRAFT DATE: 09.11.2017
Notice shall be deemed delivered upon the date of personal service, two days after deposit in
the United States mail, or the day after delivery to a nationally recognized overnight courier.
SECTION 19. TIME.
Time is of the essence in the performance of the parties' respective obligations in this
Contract.
SECTION 20. SUCCESSORS AND ASSIGNS.
This Contract shall inure to the benefit of and be binding upon the parties hereto and their
respective successors and assigns.
SECTION 21. COUNTERPART COPIES.
This Contract may be executed in one or more counterparts, and all such counterparts so
executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that
all of the parties are not signatories to the same counterpart.
SECTION 22. CONSTRUCTION.
The parties acknowledge that each party and its counsel have reviewed and revised this
Contract and that the normal rule of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Contract
or any amendments or exhibits hereto.
SECTION 23. SEVERABILITY AND SURVIVAL.
If any term of this Contract is found to be invalid, such invalidity shall not affect the
remaining terms of this Contract, which shall continue in full force and effect The parties
intend for the provisions of this Contract to be enforced to the fullest extent permitted by
applicable law. Accordingly, the parties agree that if any provisions are deemed not
enforceable by any court or agency of competent jurisdiction, they shall be deemed modified
to the extent necessary to make them enforceable. ALL TERMS AND CONDITIONS OF
THIS CONTRACT SHALL SURVIVE CLOSING.
SECTION 24. COOPERATION.
Each party agrees to cooperate with the other in a reasonable manner to carry out the intent
and purpose of this Contract.
SECTION 25. AUTHORITY TO SIGN.
The persons who have executed this Contract on behalf of the parties represent and warrant
they we duly authorized to execute this Contract on behalf of their respective entity.
Corn ®G for Sale (Draft 09.11.2017) 21
DRAFT DATE: 09.11.2017
SECTION 26. NONWAIVER.
Each party agrees that any party's waiver or failure to enforce or require performance of any
term or condition of this Contract or any party's waiver of any particular breach of this
Contract by any other party extends to that instance only. Such waiver or failure is not and
shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other
breaches of the Contract by any party and does not bar the non - defaulting party from requiring
the defaulting party to comply with all the terns and conditions of this Contract and does not
but the non-defaulting party from asserting any and all rights and/or remedies it has or might
have against the defaulting party under this Contract or by law.
SECTION 27. FAITH BASED ORGANIZATIONS.
Pursuant to Virginia Code Section 2.2.4343.1. be advised that the City does not discriminate
aeainst faith -based organizations.
SECTION 28. CONFLICT BETWEEN PLANS AND CONTRACT TERMS.
Seller and Buyer agree that the provisions of the Plans and other documents provided by
Buyer to Seller are intended to be consistent with the terms of this Contract. However, if any
of Buyer - supplied documents and/or the Plans are in conflict with the terms of this Contract,
the parties agree that the terms of this Contract shall control, unless the parties mutually agree
otherwise in a writing signed by both parties.
SECTION 29. NONDISCRIMINATION.
During the performance of this Contract, Buyer agrees as follows:
A. Buyer will not discriminate against any employee or applicant for employment because
of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by
state law relating to discrimination in employment, except where there is a bona fide
occupational qualification reasonably necessary to the normal operation of the Buyer. Buyer
agrees to post in conspicuous places, available to employees and applicants for employment,
notices setting forth the provisions of this nondiscrimination clause.
B. Buyer in all solicitations or advertisements for employees placed by or on behalf of
Buyer will state that Buyer is an equal opportunity employer.
C. 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.
D. Buyer will include the provisions of the foregoing in every subcontract or purchase order
of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
SECTION 30. DRUG -FREE WORKPLACE.
Contmt fm Sale ohaa 09.11.2017) 22
DRAFT DATE: 09.11.2017
During the performance of this Contract, Buyer agrees to (i) provide a drug -free workplace for
Buyer's employees; (ii) post in conspicuous places, available to employees and applicants for
employment, a statement notifying employees that the unlawful manufacture, sale,
distribution, dispensation, possession, or use of a controlled substance or marijuana is
prohibited in the workplace and specifying the actions that will be taken against employees for
violations of such prohibition; (iii) state in all solicitations or advertisements for employees
placed by or on behalf of Buyer that Buyer maintains a drug -free workplace; and (iv) include
the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000,
so that the provisions will be binding upon each subcontractor or vendor.
For the purposes of this section, "drug -free workplace" means a site for the performance of
work done in connection with a specific contract awarded to a contractor, the employees of
whom are prohibited from engaging in the unlawful manufacture, sale, distribution,
dispensation, possession or use of any controlled substance or marijuana during the
performance of the contract.
Buyer shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended,
which provides that a contractor organized as a stock or nonstock corporation, limited liability
company, business trust, or limited partnership or registered as a registered limited liability
partnership shall be authorized to transact business in the Commonwealth as a domestic or
foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law.
Buyer shall not allow its existence to lapse or its certificate of authority or registration to
transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be
revoked or cancelled at any time during the term of the Contract. Seller may void the Contract
if Buyer fails to remain in compliance with the provisions of this section.
SECTION 32. APPROPRIATION OF FUNDS.
All obligations or fundings undertaken by Seller in connection with this Contract are subject to
the availability of funds and the appropriation of such funds by City Council as may be
necessary for such obligations or funding. If any such funding is not approved, withdrawn, or
otherwise not made available for this Contract, with the result that Seller is unable to perform
its obligations under this Contract, Seller shall provide Buyer with written notice of such
unavailability of funding.
SECTION 33. FORCE MAJEURE.
Neither party shall be in default or otherwise liable for any delay in or failure of its
performance under this Contract if such delay or failure arises by any reason beyond its
reasonable control, including any act of God, any acts of common enemy, the elements,
Correa fb Sale (Draft 09,11.20 17) 23
DRAFT DATE: 09.11.2017
earthquakes, floods, fires, epidemics, riots, strikes, failures or delay in transportation or
communication, shortages of material, approval delays or any act or failure to act by the other
party or such other party's employees, agents or contractors; provided, however, that lack of
funds shall not be deemed to be a reason beyond a party's reasonable control. The Parties
shall promptly inform and consult with each other as to any of the above causes which in their
judgment may or could be the cause of a delay in the performance of this Agreement.
For purposes of this Contract, any one (I) delay caused by any such occurrence shall not be
deemed to last longer than four (4) months and the party claiming delay caused by any and all
such occurrences shall give the other party written notice of the same within 30 days after the
date such claiming party learns of or reasonably should have known of such occurrence.
Notwithstanding anything else set forth above, after a total of six (6) months of delays of any
type have been claimed by a party as being subject to force majeure, no further delays or
claims of any type shall be claimed by such party as being subject to force majeure and/or
being an excusable delay.
SECTION 34. ENTIRE CONTRACT.
This Contract, together with the exhibits hereto, contains all representations and the entire
understanding between the parties hereto with respect to the subject matter hereof. Any prior
correspondence, memoranda, or contracts are replaced in total by this Contract and the
exhibits hereto. No amendment to this Contract shall be valid unless made in writing and
signed by the appropriate parties.
SIGNATURE PAGE TO FOLLOW
Contract for Sale (Draft 09,1 1.2017) 24
DRAFT DATE: 09.11.2017
IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized
representatives.
ATTEST: CITY OF ROANOKE, VIRGINIA
City Clerk Robert S. Cowell, Jr., City Manager
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE, to -wit:
The foregoing instrument was acknowledged before me this _day of 2017, by
Robert S. Cowell, Jr., City Manager for the City of Roanoke, Virginia, a Virginia Municipal
Corporation, for and on behalf of said municipal corporation.
My commission expires:
Notary Public
WITNESS /ATTEST:
Lora J. Katz
COMMONWEALTH OF VIRGINIA
' To -Wit:
CITY OF
SEAL
The foregoing instrument was acknowledged before me this _day of 2017, by Lora
J. Katz.
My commission expires:
Notary Public
SEAL
Coetmi fw Sale (Draft 09.11,2017)
25
DRAFT DATE: 09.11.2017
Approved as to Form: Approved as to Execution:
Assistant City Attorney
Authorized by Ordinance No.
Assistant City Attorney
Convect for sale (Draft 09.11.2017) 26
DRAFT DATE: 09.11.2017
Contract for Purchase and
Sale of Real Property dated
, 2017, by and
between City of Roanoke,
Virginia, and Lom J. Katz.
10.40111,30A
DESCRIPTION OF CITY'S PARCEL
Roanoke Official Tax May No. 1470301
BEGINNING at a double white oak on the southeasterly side of Mmray's Run and corner to the
lands of W. H. Hart; thence with the line of same S. 75 deg. 37' 00" W. 209.30 feet to a concrete
monument; thence leaving the line of W. H. Hart N. 1 l deg. 20' 00" E. 458.20 feet to a concrete
monument; thence N. 49 deg. 51' 00" W. 295.1 feet to a concrete monument on the south side of
Creston Avenue, according to the map of the Weaver Heights Corporation subdivision, known as
Grandin Court Annex, made by William Bradford, August 1", 1923, and revised according to the
Map of land Acquired for Park Purposed Adjoining the City of Roanoke ALMS House Farm on
the West Side, dated December 12, 1924, on file in the Office of the City Engineer, Roanoke,
Virginia; thence N. 66 deg. 32' 00" W. 41.7 feet to a concrete monument on the north side of
Creston Avenue and corner to Lot 11, Section 25, above mentioned map; thence with the east
line of Lot 11, Section 25, N. 49 deg. 51' 00" W. 186.0 feet to a concrete monument on the
comer of Lot 7, Section 23; thence with the east line of Lot 7, Section 23, crossing Sweetbrier
Avenue and continuing along the east line of Lot 8, Section 21, N. 31 deg. 55' 00" W. 427.00
feet to a concrete monument at the comer of Lot 4, Section 2l; thence with the east line of Lot 4,
Section 21, N. 18 deg. 42' 00" W. 139.00 feet to a concrete monument on the south side of
Greenbrier Avenue; thence with the south side of Greenbrier Avenue N. 71 deg. 18' 00" E.
574.88 feet to an iron pipe in the line of the property of Ernest B. Fishbum; thence with the line
of the property of Ernest B. Fishbum S. 37 deg. 59' 00" E. 733.2 feet to an iron pipe on the
northwesterly side of Murray's Run; thence S. 12 deg, 03' 00" W. leaving the line of Ernest B.
Fishbum and passing at 511.5 feet a comer of the City of Roanoke Almahouse Farm — a total
distance of 848.82 feet to a double white oak, the place of BEGINNING, and containing 15.502
acres. All bearings refer to the meridian of the official survey. (To correct for meridian used by
Weaver Heights Corporation subdivision known as Grandin Court Annex made by Wm.
Bradford, dated August 1, 1923, add 3 deg. 47' in N.E. and S.W. and subtract 3 deg. 47' in N.W.
and S.E.) See plan 1546 on file in Office of City Engineer, Roanoke, Virginia; and
BEING the same property conveyed to the City of Roanoke, Virginia by deed dated January 2,
1925 from Weaver Heights Corporation, of record in the Clerk's Office of the Circuit Court for
the City of Roanoke, Virginia, in Deed Book 141, Page 401.
Contract for Sale (Draft 09.11 2017) 27
DRAFT DATE, 09.11.2017
Contract for Purchase and
Sale of Real Property dated
2017, by and
between City of Roanoke,
Virginia, and Lora J. Katz.
EXHIBIT 1 -A
MAP
Contract for Sale (Draft 09.11.2017) 28
DRAFT DATE: 09.11.2017
Contract for Purchase and
Sale of Real Property dated
, 2017, by and
between City of Roanoke,
Virginia, and Lora J. Katz.
EXHIBIT 2
BUYER'S PROPOSAL
Cammtr Saie (maa 09.11.3017) 29
ROANOKE
CITY OF ROANOKE ECONOMIC DEVELOPMENT
DEPARTMENT SURPLUS PROPERTY SALE PROPOSAL
PROPERTY ADDRESS: 2424 Brambleton Ave.. SW. TAX NUMBER(s): 147703301
!
DATE: A- 1 1
.114 APPLICANT /CONTACT PERSON: LORA J. 'WIZ
FULL NAME (As to be stated on Deed): LORA L Kr4TZ
HOME ADDRESS lor) PRINCIPAL OFFICE: 225 23 RD " SIB *303
(Physical addresses only. No Post Office Boxes)
CITY: LsUFWOiCf STATE: VA. ZIP: 94014
DAYTIME PHONE: 554)-5 7-9W
D CORPORATION WINDIVIDUAL(S)
D LIMITED PARTNERSHIP D JOINTTENANTS
D LIMITED LIABILITY COMPANY D TENANTS IN COMMON
D PARTNERSHIP D SOLE PROPRIETORSHIP
TOTAL BID AMOUNT. (Must be expressed in whole dollar amounts) T£N10,0D
PROPOSED USE. (Please include additional pages, If necessary): SIN 4LE 4iw]L , Rcgq'uCr�
I hereby certify that I have been provided with and have read the announcement of
sale for the above-referenced property and submit this proposal in accordance with
all p avisions of th said a ouncement.
Signature
Lora J Katz, AIA
ARCHITECTURE I INTERIOR DESIGN
April 17, 2017
Mr. Rob Ledger, Manager, Department of Economic Development
117 Church Avenue, SW
Roanoke, VA 24011
RE: 2424 Bambleton Ave. SW Tax no: 1470301
Dear Mr. Ledger,
Attached is my proposal for the caretaker's cottage located in Fishbum Park. I hope that it meets with
your objectives for preserving this architectural gem.
Proposal Elements:
I. The concept plan is attached. My goal for this property is to restore the caretaker's cottage and
to live in it. Since I was a child this building has been one of my favorites and to think that now I
have the opportunity to restore it and to live in it is exciting. The only other structure
proposed on the property would come later and is shown on the concept plan as a future small
garage and would be located close to Clifford Street, which would be the new access point. A
walkway garden path would then be added to connect the parking area to the house entrance.
Drawings and bidding would begin within 30 days of approval and construction would begin in
approximately 90 days with a maximum one year total project completion timeline.
2. The areaker's cottage will become my new caretaker's cottage, to serve as a beacon of the
past with a view toward the future. I hope the neighbors will feel free to access the park down
my new path and I plan on extending the walkway path past my porch entry to allow them to
access the park without crossing the grass. Modern systems will be added, but the house will
remain intact and restored. The front porch will be retained, but it is falling apart and the
foundation will need to be rebuilt. The inside walls will be stripped to the studs to add modern
electrical wiring and insulation in the walls and the second floor ceiling. Historical elements on
the interior, such as the original fireplace mantels and hearths will be restored. A new kitchen
will be added as well as a new bathroom and laundry space. On the exterior, the foundation will
be restored, the electrical panel box and meter will be relocated away from the front door and
either the original windows will be restored or new insulated windows will be added to match
the original style. The hardwood floors seem to be intact and will be refinished on both levels.
Of course the house will be repainted inside and out.
3. 1 am an architect that was born and raised in Roanoke. Currently, I have my own firm and will
use my expertise to make sure that this home retains its original character. l have always
believed in serving the community and have been on the ARB and currently serve on the
Planning Commission. I want to make everyone in the community proud of this house again and
know that I can get this accomplished through exterior restoration and interior renovation. To
LJK AWA(COY, NET 'ST .N Sao -swam
Lora J Katz, AIA
ARCHITECTURE / INTERIOR DESIGN
June 6, 2017
Mr. Rob Ledger, Manager, Department of Economic Development
117 Church Avenue, SW
Roanoke, VA 24011
RE: 2424 Brambleton Ave. SW Tax no: 1470301
Dear Mr. Ledger,
Attached is my proposal for the caretakers cottage located in Fishburn Park I hope that it meets with
your objectives for preserving this architectural gem.
Proposal Elements:
The concept plan is attached. My goal for this property is to restore the caretaker's cottage and
to live in it. Since I was a child this building has been one of my favorites and to think that now I
have the opportunity to restore it and to live in it is exciting. The only other structure
proposed on the property would come later and is shown on the concept plan as a future small
garage and would be located close to Clifford Street, which would be the new access point. A
walkway garden path would then be added to connect the parking area to the house entrance.
Drawings and bidding would begin within 30 days of approval and construction would begin in
approximately 90 days with a maximum one year total project completion timeline.
The caretaker's cottage will become my new caretaker's cottage, to serve as a beacon of the
past with a view toward the future. I hope the neighbors will feel free to access the park down
my new path and I plan on extending the walkway path past my porch entry to allow them to
access the park without crossing the grass. Modern systems will be added, but the house will
remain intact and restored. The front porch will be retained, but it is falling apart and the
foundation will need to be rebuilt. The inside walls will be stripped to the studs to add modern
electrical wiring and insulation in the walls and the second floor ceiling. Historical elements on
the interior, such as the original fireplace mantels and hearths will be restored. A new kitchen
will be added as well as a new bathroom and laundry space. On the exterior, the foundation will
be restored, the electrical panel box and meter will be relocated away from the front door and
either the original windows will be restored or new insulated windows will be added to match
the original style. The hardwood floors seem to be intact and will be refinished on both levels.
Of course the house will be repainted inside and out
I am an architect that was born and raised in Roanoke. Currently, I have my own firm and will
use my expertise to make sure that this home retains its original character. I have always
believed in serving the community and have been on the ARB and currently serve on the
Planning Commission. I want to make everyone in the community proud of this house again and
know that I can get this accomplished through exterior restoration and interior renovation. To
tIKAIA&COX. NET 22523 ' STREET SN/ -303 54Q 597-R2?;
ROANOKE VA 24014
Lora J Katz, AIA
ARCHITECTURE / INTERIOR DESIGN
make sure that this remains the single home in the park a conservation easement or other legal
building restrictions will be set to protect the parkland in perpetuity. I would like for the
property to connect to Clifford in order to keep my car further away from the cottage and
enter the site at that location, but if the city would prefer to grant an easement to the cottage
through the current park entrance and access drive, then a smaller lot surrounding the house
would certainly be acceptable. If this option is selected, then a small defined parking spot would
be provided.
The cottage is approximately I000sf on the main level and 600sf upstairs. A construction
analysis has been completed and it will cost approximately $150,000 to fully renovate this
cottage. I plan on using savings and a line of credit to start the process then will sell my current
home and use the equity and a small bank loan to fund the remainder of the renovation.
The cost includes the following breakdown:
HVAC $10,000.
Electrical $7500.
Plumbing $7500.
Kitchen $25,000.
Bathroom $10,000.
Porch $5000.
Structural Reinforcement $10,000.
Hardwood Floors $5000.
Painting $5000.
Driveway and Walking Path $10,000.
Lighting and Hardware $5000.
Insulation, GWB and Trim $10,000.
Windows and shutters $15,000.
Selective Demolition $10,000.
Contingency $15,000.
Total $ 150.000.
5. 1 would like to offer $10 ten dollars for this property. The purchase is contingent on rezoning
approval.
Thank you for your consideration. I look forward to hearing from you.
LIKAIA[.COX NET 22523 "STREET SW 4303 YI]3Y)8M
ROANOKE VA 24014
Lora J Katz, AIA
ARCHITECTURE I INTERIOR DESIGN
August 30, 2017
Mr. Rob Ledger, Manager, Department of Economic Development
117 Church Avenue, SW
Roanoke, VA 24011
RE: 2424 Brambleton Ave. SW Tax no: 1470301
Dear Mr. Ledger,
After comments from the public during the City Council meeting, I would like to amend my current
proposal as follows.
A conservation easement will do little more than deed restrictions, however, an easement would cost a
considerable amount to put into place and would require yearly management fees and inspections paid
to a third party. In lieu of the easement, I would like to agree to a deed restriction that the house
cannot be razed without the prior consent of the seller. I certainly do not intend to raze the house, but
this could come up many years after I am gone and will protect the property until it is proven to require
this extent of demolition.
In addition to the deed restriction, I will voluntarily preserve, whether in place or re- purposed
elsewhere in the structure, the following historic elements of the home to the extent possible. These
elements include the log structure, portions of the timber frame, both hand -made brick chimneys,
exterior siding, interior chair rail, baseboard and window trim, as well as the wide plank wood flooring,
upstairs ceiling shiplap paneling and vertical hand - planed wood paneling. There is one historic mantel
remaining that would also be preserved.
A smaller piece of property is possible and I am in favor of transferring less land with the house sale.
The new boundary lines would create a square lot that fronts Brambleton Avenue and would be
approximately .65 acres. The entry to access the home would require an easement through the existing
Fishbum Park entry and would avoid Clifford Street An additional easement may be required for
water, sewer, electrical and gas lines, depending upon the existing main line locations and access.
I appreciate your assistance and thank you for all your help during this process.
MOM
LJKAIA @COX.NET . i.il 4+0.59]8221
ROANOKE VALLEYPRESERVATION FOUNDATION
P.O. Box 1366
Roanoke, Virginia 24007
September 14, 2017
Dear Mayor and Members of City Council
The mission of the Roanoke Valley Preservation Foundation (RVPF) is to promote the preservation of the
historic, cultural, and natural resources of the Roanoke Valley. As City Council seeks a solution to the
challenges presented by city -owned historic structures, the Foundation's primary concern is the
preservation of these buildings and the history they represent.
As stated before, our preference would be that the City retains ownership of its historic buildings for
public use. However, we recognize that private ownership may ultimately be better for the preservation of
the Fishburn Cottage, The Foundation was also concerned about the amount of public parkland originally
proposed to be sold. We now understand that the city has reduced the amount of public parkland to be
sold to the applicant from 1.4 acres to .65 acres. We believe that this allows for the cohesive occupation
of this vacant building while maintaining the idyllic view sheds of the parkland for public use.
Furthermore, we appreciate the efforts of Rob Ledger with the City's Economic Development Department
for working diligently with the applicant and with the Virginia Department of Historic Resources in
advocating for its best use and protection. In particular, we are encouraged with the inclusion of deed
restrictions of its interior character - defining architectural features as agreed upon by the applicant and the
Department of Historic Resources (DHR).
We encourage you to consider adding preservation casements to other city -owned historic properties you
plan to divest of in the future. We also encourage the City to form an advisory panel so that organizations,
such as the RVPF and DHR, could serve as a resource for the City and provide guidance on the best
treatment and long -term preservation of these historic properties. Finally, the RVPF request the City to
install an interpretive marker in Fishbum Park to illustrate the history of the park and cottage. We will
support this effort by providing assistance with the research and content for the interpretive marker.
'Thank you for considering the concerns of the RVPF as we advocate for the preservation of the nearly
200 -year old Fishburn Park Cottage. We welcome the opportunity to serve as a resource to the City in the
responsible stewardship of its historic, natural, and cultural resources.
Sincerely,
The Roanoke Valley Preservation Foundation Board of Trustees
Page 1 of 2
2.7
Fishbum Park
Duane Howard
lo:
Stephanie.moon
09/18/2017 06:18 PM
Hide Details
From: Duane Howard <starcityflyer @aoLcom>
To: Stephanie.moongroanokeva.gov,
Dear Mayor and Members of City Council:
(I apolgize for the all caps, it was written for me to read before you this evening, but I "m not feeling well
THERE WERE TWO EXCELLENT LETTERS TO THE EDITOR IN YESTERDAY'S PAPER
HOPE YOU SAW AND READ THEM.
MR. GLEN REINHART SUMMED IT UP BEST WHEN HE WROTE
"ROANOKE CITY COUNCIL MUST REJECT LORA KATZ'S PROPSAL ON THE GROUNDS
OF CONFLICT OF INTEREST IN ORDER TO MAINTAIN TRUST IN OUR GOVERNMENT"
THE PLANNING COMMISSION, WHICH MS. KATZ SERVES ON IS PART OF OUR GOVT
WHICH IS APPOINTED BY CITY COUNCIL.
OVER THE DECADES THEIR DECISIONS HAVE OFTEN RAISED QUESTIONS OF, WHO'S
INTEREST ARE THEY REALLY SERVING?
HOW COULD THERE EVER BE ANY TRUST IN THEM IN THE FUTURE,
WERE THEY TO SUPPORT FELLOW MEMBER ON SUCH A CONTROVERSIAL ISSUE
AS THIS ?
WHY WOULD ANY MEMBER OF ANY CITIZENS COMMITTEE
APPOINTED BY CITY COUNCIL
PUT THEIR OWN PERSONAL GOAL OVER AN ISSUE THAT IS SO WIDELY OPPOSED BY
NEIGHBORS AND CITIZENS OF ROANOKE.?
THAT SHE WOULD DO THIS WOULD MAKE ANY FUTURE VOTE BY HER ON THE
PLANNING COMMISION QUESTIONABLE. IF SHE PERSISTS, THEN AT THE VERY LEAST
SHE SHOULD RESIGN HER POSITION ON THE PLANNING COMMISSION.
THIS ISSUE, WOULD STILL BE CONTROVERSIAL EVEN IF IT WERE MR, JOHN DOE
WHO WANTED TO BUY THIS PROPERTY, BUT FAR LESS SO..
MAYOR LEA, MS. DYKSTRA AND VICE MAYOR PRICE,
LAST YEAR AS YOU ALL RAN AND SOUGHT AND RECEIVED THE FAITH AND TRUST
OF THE CITIZENS OF ROANOKE,
YOU HAVE AN OBLIGATION TO RETAIN OUR FAITH AND TRUST IN GOOD
GOVERNMENT,
IF YOU SUPPORT THIS PROPOSAL
YOU WILL CONTINUE TO SUPPORT THE BELIEF OF FAR TOO MANY CITIZENS WHO
file: / / /C:/ Users /CKSMI /AppData/Local /Temp /notesC7AO56 /— web1014.htm 9/18/2017
Page 2 of 2
HAVE LITTLE TO NO TRUST IN OUR CITY GOVERNMENT.
HELP RESTORE THAT TRUST AND FAITH BY SIMPLY VOTING NO.
E. Duane Howard
file: / / /C:/ Users / CKSMI /AppData/Local /Temp /notesC7A056/—webl014.htm 9/18/2017
CITY OF ROANOKE
dZ
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Roam 456
Roanoke, Virginia 24011 -1536
1 elephant: (540) 853 -2541
Fax: (540)853 -1145
E -mail: alerkuarpenaka'e.,,
CECELIA F. MCCOY
STEPHANIE M. MOON REYNOLDS, MMC
Deputy City Clerk
Cit_v Clerk
CECELI.A T. IN EBB, CNIC
Assistant Deputy City Clerk
August 25, 2017
Sherman M. Stovall
Acting City Manager
Roanoke, Virginia
Dear Mr. Stovall:
A public hearing was conducted by the Council of the City of Roanoke on Monday,
August 21, 2017, with regard to a proposed Contract for Purchase and Sale of Real
Property between the City of Roanoke and Lora J. Katz wherein the City proposes to
sell to Ms. Katz certain real property located at 2424 Brambleton Avenue, S. W.,
consisting of approximately 1.4 acres of a portion of City -owned property, together with
the Building situated thereon, designated as Official Tax Map No. 1470301, for the sum
of $10.00, together with other consideration and performance of other obligations by
Ms. Katz.
The public hearing was postponed until the September18, 2017 Council meeting at
7:00 p.m., or as soon thereafter as the matter may be heard.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
PC: Daniel J. Callaghan, City Attorney
Wayne Bowers, Economic Development Director
Michael Clark, Parks and Recreation Director
DRAFT DATE: 09_11.44.2017
CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY
This Contract For Purchase and Sale of Real Property (Contract) is dated
Aug September. 2017, by and between the City of Roanoke, Virginia, a Virginia municipal
corporation ( "Seller" or "City"), and Lora J. Katz, an individual ( "Buyer").
RECITALS:
WHEREAS, Seller is the owner in fee simple of certain real property located at 2424
Brambleton Avenue, S.W., Roanoke, Virginia 24015, Official Tax Map No. 1470301, containing
approximately 15.2176 acres, together with all improvements thereon, as shown and described
more particularly in the attached Exhibit 1 ("City's Parcel ");
WHEREAS, Seller is desirous of selling a portion of the City's Parcel not to exceed
1-00.75 acres, together with improvements thereon, including the caretaker's house ('Building "),
and Easements all as depicted on the attached sketeh- planman attached hereto as Exhibit 1 -A
( "Property") to Buyer and Buyer is desirous of acquiring such Property including the Building
and Easements in order to restore the Building and use it for a single family residence in
accordance with Buyer's proposal dated April 14, 2017, revised June 6, 2017, and revised 3uae
6Aueust 30, 2017, together with such supplements, additions, and amendments that Buyer shall
make prior to closing and shall be attached hereto ( "Proposal ");
WHEREAS, the Building located on the City's Parcel is currently vacant and in disrepair,
the Building has an assessed value of $74,400, and Seller will sell the Property, including the
Building, to Buyer for a price less than the assessed value provided Buyer fully complies with all
terms and conditions as set forth in this Contract and, if Buyer fails to comply with such terms
and conditions, Buyer shall be liable to Seller for remedies set forth hereinafter or for such other
remedies available to Seller as set forth in this Contract or by law; and
WHEREAS, the City desires that renovation and development of the Building and the
Property in accordance with the Proposal ( "Project ") proceed.
THEREFORE, for and in consideration of the mutual covenants and conditions herein set
forth in this Contract including the Recitals above, which Recitals are incorporated herein and
made a part of this Contract and other good and valuable consideration, the receipt and
sufficiency of which is acknowledged by the parties hereto, Seller and Buyer hereby agree as
follows:
SECTION 1. DEFINITIONS.
Unless the context otherwise specifies or requires, for the purpose of this Contract, the following
terms shall have the meanings set forth in this Section:
Building: An approximately 1,080 square foot facility currently located on the City's Parcel and
which will become a part of the Property, in its current condition.
Conwcc for Sale (8 Dra�R0.OA.2o1'i)
DRAFT DATE: 09_11.442017
Buyer's Proposal or Proposal: Buyer's Proposal refers to the Buyer's planned subdivision of
the City's Parcel to establish the Property as a separate parcel, and the — renovation of the
Building on the Property for residential use, as set forth in a document entitled "Department
Surplus Property Sale Proposal," dated April 14, 2017 -, revised June 6, 2017, and revised June
6August 30, 2017, prepared by Lora J. Katz, a copy of which is made a part hereof and marked
as Exhibit 2, together with such supplements, additions, and amendments thereto that Buyer shall
make to provide additional details with respect to the Project. Such supplements, additions, and
amendments shall be attached to this Contract prior to Closing and shall be a part of this
Contract.
City's Parcel: A certain parcel of land located at 2424 Bmmbleton Avenue, S.W., Roanoke,
Virginia 24015, Official Tax Map No. 1470301, containing approximately 15.2176 acres,
together with all improvements thereon. The City's Parcel was conveyed to Seller by deed dated
January 2, 1925, from Weaver Heights Corporation recorded in the Office of the Clerk of the
Circuit Court of the City of Roanoke, Virginia in Deed Book 141, Page 401. The City's Parcel is
more particularly described in Exhibit 1 attached hereto and made a part hereof.
Closing: The consummation of this Contract by Seller's delivery of a Special Warranty Deed to
the Property and Easements to Buyer.
Closing Date: The date provided for in Section 11 hereof for the Closing.
Construction Activity: The receipt of all Permits and Approvals and the initiation of site work
on the Property by Buyer.
Construction Performance Liguidated Damages: The amount equal to One Hundred
dollars ($100.00) multiplied by the number of Days after (i) 90 days after the Closing Date
and until and including the Day on which the Buyer actually commences Construction
Activity; or (ii) 12 months after the Closing Date, and until and including the Day on which
the Buyer actually achieves Substantial Completion of Construction.
Commencement Date: The date on which Buyer certifies in writing to Seller that Buyer has
commenced Construction Activity to the reasonable satisfaction of Seller, which date shall be no
later than 90 days after the Closing Date.
Contemplated Use: The development of the Property by Buyer solely for the purpose of
residential use, Substantially Completed not later than 12 months after the Closing Date.
Days: Unless otherwise stated, this term means consecutive calendar days.
Deed: The Deed shall be a special warranty deed, subject to all restrictions of record, this
Contract, the Restricted Covenant, and as set forth in the Title Commitment. The Deed shall also
be subject to all obligations of Buyer under the terms of this Contract. The Deed shall also
include a grant of the Easements.
C.Mt for S.I.(B Qlae R0�083017)
r DRAFT DATE: 09_11.+42017
Easements: All necessary easements to enable the Buyer to develop the Property solely for the
purpose of residential use, including an access ingress /egress easement, water and sewer
easements which easements shall be determined and agreed upon by Buyer and Seller during the
Inspection Period, as defined below, as the same may be extended. Unless otherwise permitted
by law, such Easements shall have a duration of 40 years from the date on which such Easements
are granted. The Easements shall be appurtenant to the Property, solely for the benefit of the
Property, and cannot be transferred separate from the Property.
Governmental Authority: Governmental Authority means the United States of America, the
Commonwealth of Virginia, any other state of the United States, the City, any Federal, state,
regional, or local body, commission, or agency having jurisdiction with respect to the
constriction, development, occupancy, use, and operation of the building as contemplated in the
Project.
Permits and Approvals: All permits, approvals, consents, and authorizations issued by a
Governmental Authority that are required for the construction, and use of the building as
contemplated in the Project, all such permits, approvals, consents, and authorization having been
finally issued and subject to no condition unacceptable to Buyer and subject to no appeal.
Plans or Plan: These terms mean the design plans and/or drawings and/or other documents as
approved by the City of Roanoke Department of Planning, Building and Development.
Project: This term means and includes the renovation of an approximately 1,080 square foot
facility, to be developed by Buyer in accordance with the Proposal, as well as any related and/or
connected work that may be required and/or done on any part of the Property in addition to the
Building, all in accordance with the terms and provisions of this Contract.
Property: A portion of the City's Parcel, not to exceed 440.75 acres, together with the
Building, as depicted on the sketeh-planmap attached hereto as Exhibit I -A. The Property is
subject to all liens, encumbrances, easements, and restrictions of record. Buyer shall be
responsible, at its sole cost and expense to prepare and record a subdivision plat to subdivide the
City's Parcel into two lots, one such lot being the Property to be sold to Buyer pursuant to this
Contract and the remaining parcel to be retained by Seller.
Purchase Price: The sum of $10.00 to be paid by Buyer for the acquisition of the Property and
Easements from Seller.
Restrictive Performance Covenant: The restrictions in the Deed that require Buyer to (i)
commence Construction Activity by 90 days after the Closing Date; (ii) invest a minimum of
$135,000 in building construction and equipment; and (iii) achieve Substantial Completion of
Construction by 12 months after the Closing Date.
Restrictive Use and Development Covenant: The restrictions in the Deed that are set forth in
Sections 4(B)(10), (11), 1( 21. and (+213) of this Contract.
Coowu for Sale (0 Drea 0908.2019) I
' % DRAFT DATE: 09_11 A4,2017
Conformance: Development of the Property by Buyer in accordance with the Contemplated
Use and Plans and where a final certificate of occupancy has been issued to Buyer from the City
of Roanoke Department of Planning Building and Development for the Building, as set forth in
the Plans.
Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be
issued by a Title Company.
Title Company: Any nationally recognized title insurance company acceptable to Buyer.
SECTION 2. PURCHASE AND SALE OF PROPERTY.
A. Seller agrees to sell the Property and Easements to Buyer, and Buyer agrees to purchase,
the Property and Easements from Seller, upon all the terms, covenants, and conditions set
forth in this Contract.
B. The purchase price for the Property and Easements ("Purchase Price ") shall be Ten
Dollars ($10.00) payable in cash or certified check from Buyer to Seller at Closing,
together with the other obligations of Buyer as set fort[ in this Contract.
SECTION 3. CONDITIONS PRIOR TO CLOSING.
A. 1. As a condition precedent to Buyer's obligation to purchase the Property or
otherwise to perform any obligations provided for in this Contract, Seller, as of
the Closing, shall have complied with Seller's representations and warranties in
Section 10 of this Contract, the fulfillment to Buyer's reasonable satisfaction of
Seller's delivery to Buyer on the Closing Date of title to the Property and other
documents as prescribed in Section 11, Buyer shall have obtained all Permits and
Approvals, and Buyer shall be satisfied with the results of its due diligence and
inspections undertaken pursuant to Section 17.
2. As a condition precedent to Seller's obligation to sell the Property and Easements
or otherwise to perform any obligations provided for in this Contract, Buyer, as of
the Closing, shall have complied with Buyer's obligations, representations, and
warranties in this Contract.
3. As a condition precedent to Seller's obligation to sell the Property or otherwise to
perform any obligations provided for in this Contract, City Council shall release
Seller's right to maintain and operate Fishbum Park at the Property. Upon
completion of inspections and due diligence by Buyer as provided in Section 17
of this Contract and notification from Buyer that Buyer intends to proceed, Seller
shall initiate appropriate proceedings as required by applicable laws of the
Commonwealth of Virginia and ordinances of the City to request City Council to
consider the release of Seller's right to operate Fishbum Park at the Property.
Coneact for Sae (8 fl09.08.2017)
N DRAFT DATE: 09.11.44-.2017
4. Thirty (30) Days prior to the proposed Closing Date, Buyer will provide to Seller,
to the Seller's sole satisfaction, written confirmation and documentation of
Buyer's obtaining financial commitments from a recognized financial institution
authorized to conduct business in the Commonwealth of Virginia in the form of a
loan commitment, with only customary commercial conditions and/or written
evidence of cash in -hand, subject to no restrictions or limitation on the use of such
funds for the Project, sufficient to undertake the initial renovation of the Building
in accordance with the Contemplated Use of the Property, such loan commitments
and cash in -hand, in the aggregate, shall not be less than $135,000.
5. As a condition precedent to Buyer's obligation to purchase the Property or
otherwise to perform any obligations provided for in this Contract, and following
the (1) expiration of the Inspection Period pursuant to Section 17; and (2) City
Council releasing Seller's right to maintain and operate Fishbum Park at the
Property pursuant to Section 3.A.3:
a. Buyer will undertake and complete a Boundary Survey and Subdivision Plat
of the Property, at its sole cost and expense, such Survey and Subdivision Plat
shall be subject to prior approval of Seller before Buyer submits the
Subdivision Plat to the City's Planning, Building and Development
Department. Seller's approval hereunder shall not be unreasonably withheld
and such approval shall not be deemed to be approval for any regulatory
purpose.
b. Buyer shall apply for and receive approval from the City of Roanoke for
rezoning the Property to Residential Single - Family District (R -12). The City
agrees to promptly execute any forms and applications related thereto that
Buyer reasonably requests, provided, however, that the burden of obtaining
such approval shall be home by Buyer. The City shall cooperate with Buyer in
pursuing the foregoing approval. Buyer shall be responsible for payment of all
application, filing, and related fees to the City of Roanoke for rezoning of the
Property.
approval shall not be unreasonably withheld.
d City Council shall apnrove the grant of the Easements. Upon approval by
Seller as provided in Section 3.A.5.c of this Contract. Seller shall initiate
C.n for Sale(B PmkG9 Q."17)
DRAFT DATE: 09_11.44:2017
appropriate proceedings as required by applicable laws of the Commonwealth
of Virginia and ordinances of the City to request City Council to consider the
grant of the Easements.
B. Buyer and/or Seller may, at any time on or before the Closing Date, at its respective
election, waive in writing any of the other party's conditions precedent referenced in this
Section 3, and Buyer's and Seller's consummation of the transaction on the Closing Date
shall waive all such conditions precedent.
C. In the event that the Closing has not occurred through no fault of Seller on or before the
Closing Date, Seller, by written notice given to Buyer, shall provide Buyer with a ten
(10) Day cure period from the Closing Date in which to deliver the Purchase Price and
proceed with Closing. If Closing has not occurred within such additional time period
through no fault of Seller, this Contract shall automatically be terminated without any
further action. In the event of any termination as set forth above, this Contract shall be
deemed terminated and of no further force and effect.
D. Upon the request of Seller, Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives and consultants, shall within a
reasonable period of time after receipt of any preliminary or final survey, test results or
conclusory reports and opinion statements, deliver copies of same to Seller. If Seller so
requests, Buyer shall also turn over copies of raw data obtained and any laboratory and
observation reports or analyses. Such copies of all the above shall be provided to Seller
without charge. Neither Buyer nor the provider of the report makes any representations
or warranties to Seller about such reports or opinions and Seller may not rely on such
information.
E. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees,
representatives and consultants, shall at all times comply with all applicable federal, state,
and local laws, rules, and regulations. Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives and consultants, prior to exercising
any rights under this Section 3, shall obtain, at their cost, any and all Permits and
Approvals for such work.
SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS.
A. Obligations at Closing.
I. Seller's Obligations.
At the Closing, Seller agrees to sell to Buyer the Property and Easements and
deliver the Deed to Buyer in accordance with the terms of this Contract.
2. Buyer's Obligations.
Buyer agrees and promises that it will do and/or has done the following at
Closing:
C. tk, SMl (06JQIr 80908.2017)
N DRAFT DATE: 09.11.442017
a. Buyer will purchase the Property from Seller for the Purchase Price of Ten
Dollars ($10.00) and will make payment in accordance with the terms of
this Contract.
b. Buyer accepts the Property in an "AS IS" condition and acknowledges and
agrees that Seller makes no representations or warranties with respect to
the Property other than what is contained within this Contract. Buyer
agrees that Buyer is taking the Property and Easements, including the
Building and Improvements, without any warranties or representations
from Seller and that Buyer has had sufficient opportunities to fully
examine the Property, including the Building, and that Buyer shall comply
with all environmental and other laws in developing the Property.
C. Buyer shall promptly pay for all advertising costs and any related fees or
costs connected with this Contract and/or the sale of the Property and
Easements, including, but not limited to costs for any advertisement of
required public hearing(s). Such payment shall be made directly to the
entity providing the advertising or other service, or to the City, as the City
may direct.
d. Buyer agrees that the conditions and obligations of Buyer under this
Contract are conditions and obligations that shall be incorporated either
directly or by reference in any deed to the Property from Seller to Buyer,
shall survive Closing, and shall be binding on Buyer's successors and
assigns.
e. Buyer and Seller agree to determine the value of the Property, as
subdivided, and Building, and shall certify the value at Closing.
B. Post - Closing Performance Obligations of Buyer.
Buyer acknowledges and agrees that a part of the consideration for the Seller is the
Buyer's commitment to develop the Project in accordance with Buyer's Proposal and the
performance of this commitment. Buyer agrees to perform each of the following
obligations in accordance with the terms and conditions set forth in this Contract.
1. Buyer will develop the Property in accordance with Buyer's Proposal and Plans
and invest a minimum of $135,000 in building construction and equipment at the
Property in connection with the renovation of the Building ( "Minimum
Investment "). The Minimum Investment shall not include the amount of the
Purchase Price. Completion of this development shall be pursued diligently and
timely by Buyer and Buyer shall be solely responsible for satisfying its
obligations hereunder subject to delays caused by events set out in Section 33 of
this Contract. TIME SHALL BE OF THE ESSENCE WITH RESPECT TO
EACH AND EVERY OBLIGATION OF BUYER HEREUNDER,
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2. Buyer shall commence Construction Activity by the Commencement Date to the
reasonable satisfaction of Seller, and will continue to do so, subject to delays
caused by events set out in Section 33 of this Contract, without interruption, until
the Project is completed. Failure to meet these requirements shall be a material
breach of this Contract for which Seller shall have its remedies, including, but not
limited to collection of the Construction Performance Liquidated Damages
pursuant to Section 12 of this Contract, and all such remedies w may be allowed
by law or in equity.
3. All design, engineering, demolition, and construction work necessary to complete
the Project in accordance with Buyer's Proposal in accordance with the Plans
shall be Substantially Completed, and a final certificate of occupancy has been
issued to Buyer from the City of Roanoke Department of Planning Building and
Development for the Building by 12 months after the Closing Date. In the event
that Buyer fails to Substantially Complete the Project in accordance with this
Section, such event shall be a material breach of this Contract for which Seller
shall have its remedies, including, but not limited to collection of the
Construction Performance Liquidated Damages pursuant to Section 12 of this
Contract, and all such remedies as may be allowed by law or in equity.
4. Within ninety (90) days after the issuance of the final certificate of ocwpancy by
the City of Roanoke Planning, Building and Development Department for the use,
occupancy and operation of the building, Buyer shall certify, in writing, to the
City the amount invested by Buyer in building construction and equipment in
connection with the Project. This certification shall include a detailed itemization
of these costs, certified by the Buyer. In the event that the amount of this
investment is less than the Minimum Investment, such event shall be a material
breach of this Contract for which Seller shall have its remedies, including, but not
limited to the Buyer shall pay to the City the amount of the difference between the
Minimum Investment and the actual amount of the investment, and all such
remedies as may be allowed by law or in equity.
5. Buyer agrees to and shall provide written progress reports (which may be by
email) to the Seller's Assistant City Manager for Community Development four
times a year, on the 1st day of the months of January, April, July, and October
subsequent to Closing and until Substantial Completion. Such progress reports
shall provide the Seller with sufficient information regarding Buyer's status as to
performance of Post - Closing activities to meet the terms of this Contract and to
alert Seller to any issues, problems, or delays that Buyer has encountered or
anticipates Buyer may encounter.
6. Buyer acknowledges and agrees that Buyer shall not sell, transfer, or otherwise
dispose of the Property —m Easements, any portion of the Property or Easements,
or any interest in the Property or Easements, other than a deed of trust or
mortgage in connection with the development and construction of the Project,
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until the Property has been developed completely in accordance with the Proposal
and subsequent Plans, and a final, permanent certificate of occupancy issued by
the City of Roanoke Department of Planning, Building and Development has been
granted to Buyer for the Building. If Buyer conveys, transfers, or attempts to
convey or transfer the Property, any portion of the Property, or any interest in the
Property, such conveyance shall be deemed void, of no force or effect, and a
breach of this Contract.
7. Buyer may grant a mortgage or deed of trust on the Property provided that the
holder of any such mortgage or deed of trust shall acknowledge and agree in
writing that the right granted Seller pursuant to Section 4.13.8 is superior to the
mortgage or deed of trust. Buyer shall require that each and every lender of the
Buyer that seeks to encumber the Property with a mortgage or deed of trust to
acknowledge and agree to the provisions of this Section 4.B.7.
8. Buyer recognizes that Seller is selling the Property to Buyer at a discounted sales
price. The parties acknowledge and agree that as of the date of this Contract, the
assessed value of the Building, by the City of Roanoke's Director of Real Estate
Valuation is $74,400. In the event, Buyer sells, or otherwise conveys the Property,
or any part of the Property, at any time within four years of the date the final,
permanent certificate of occupancy is issued by the City of Roanoke Department
of Planning, Building and Development to Buyer for the Building, Buyer shall
repay to the City $75,000, whether or not the Property has depreciated or
appreciated in value. This obligation shall be secured by a first priority Deed of
Trust on the Property. The Deed of Trust shall contain such standard and
commercially reasonable terms and conditions that are standard in commercial
transactions within the Commonwealth of Virginia and shall be in a form
acceptable to Seller.
9. Buyer shall be responsible for payment of all application, filing and related fees to
the City of Roanoke for the creation of the Property as a separate parcel from its
adjoining property belonging to Seller as defined in Section 4.A.2.e above.
10. SeHe Buyer agrees that during and subsequent to the development of the Property
and the Building, SeHeeBuyer shall NOT:
a. Construct more than one (1) accessory structure, as defined by the City of
Roanoke's Zoning Ordinance as contained in Chapter 36.2 of the Roanoke
City Code, on the Property;
b. Make any curb cuts on Brambleton Avenue, S.W.; and
C. Use Fishbum Park public access in order to access the Property, whether
access is by Buyer, her contractors, guests, or invitees: except as provided
in the Easement for egress and ingress; and
d. Use any portion of the Fishbum Park parking facilities for use by Buyer,
her contractors, guests, or invitees.
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11. Self (Buyer agrees that the Deed will include a deed restriction that will limit use
of the Property to single family purposes as permitted by the applicable zoning
district.
12. SelleeBuyer agrees that the Deed will include a deed restriction that the Property
shall not be subdivided at any time after Closing.
elements of the Building preserved by Buyer.
C. Obligations Survive Closing.
Buyer agrees that the conditions and obligations of Buyer under this Contract are
conditions and obligations that shall be incorporated either directly or by reference in
any deed to the Property from Seller to Buyer, shall survive Closing, and shall be
binding on Buyer's successors and assigns. These conditions and obligations of the
Buyer which survive the Closing shall run with the land. Upon the written request of
Buyer after satisfaction of one or more conditions or obligations by Buyer which
survived the Closing, the City shall verify satisfaction of such conditions or
obligations by Buyer and, upon verification, the City shall execute and deliver to
Buyer a document in which the City acknowledges the satisfaction of such conditions
or obligations of the Buyer which survived the Closing. Such document shall be in a
form suitable for recording in the Clerk's Office of the Circuit Court for the City of
Roanoke, Virginia. The form of the document shall be approved by the City Attorney
and shall acknowledge satisfaction of only those conditions or obligations of Buyer
specifically set forth in such document and shall further provide that all other
conditions and obligations of Buyer (except for those previously satisfied and
acknowledged by the City in writing) remain in full force and effect. If requested by
Buyer, the City shall provide a separate document following the satisfaction of each
condition or obligation of the Buyer hereunder. The Buyer shall be responsible for the
costs of recording each such document.
2. Seller's obligations set forth in Section 43 shall survive the Closing, subject to strict
compliance by Buyer with respect to the conditions of Section 4.B.
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DRAFT DATE: 09_11.14.2017
SECTION 5. COMPLIANCE WITH LAWS.
Buyer agrees to and shall comply with all applicable federal, state, and local laws, ordinances,
and regulations, including all applicable licensing requirements. Buyer further agrees that Buyer
does not, and shall not during the performance of this Contract, knowingly employ an
unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.
SECTION 6. ASSIGNMENT.
Buyer agrees not to assign or transfer any part of this Contract without the prior written consent
of Seller, which will not be unreasonably withheld, and any such assignment shall not relieve
Buyer from any of its obligations under this Contract.
SECTION 7. INDEMNITY.
Buyer agrees to indemnify and hold harmless Seller and its officers, directors, and employees
free and harmless for and from any and all claims, causes of action, damages or any liability of
any type, including reasonable attorney's fees, on account of any claims by or any injury or
damage to any persons or property growing out of or directly or indirectly resulting or arising in
any way out of any actions, omissions, or activities of Buyer or its agents, employees,
contractors, or representatives arising out of or connected in any way to any of the matters
involved in this Contract or any performance thereunder. Buyer's indemnity obligations
hereunder shall be subject to the provisions of Section 17(B)(3) of this Contract.
SECTION 8. FORUM SELECTION AND CHOICE OF LAW.
By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent
jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke,
Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of
Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and
that all claims, disputes and other matters shall be decided only by such court according to the
laws of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to
assert in any such action, suit or proceeding, that it is not personally subject to the jurisdiction of
such courts, that the action, suit or proceeding, is brought in an inconvenient form or that the
venue of the action, suit or proceeding, is improper.
SECTION 9. EASEMENTS.
A. Easements to be granted by Buyer to Seller.
Buyer promises and agrees to grant and dedicate to Seller and/or the Western Virginia
Water Authority, at any time before Substantial Completion, all reasonably necessary
easements on Buyer's Property for the construction of infrastructure improvements
Cm for $ale (BHOr 09.08.2017) 11
DRAFT DATE: 09_11.442017
needed for or benefiting the Property and which easements are necessary to and
benefitting the development of the Project in accordance with Buyer's Proposal,
including, but not limited to, storm drainage, sanitary sewers, and/or water, all at no cost
to the Seller and/or the Western Virginia Water Authority.
B Easements to be granted by Seller to Buyer.
1. Access Easement.
2. Utility Easements.
SECTION 10. COVENANTS AND WARRANTIES.
A. In addition to any representations and warranties contained elsewhere in this Contract,
Seller warrants and represents that Seller will, in accordance with this Contract, convey
title to the Property and Easements in an AS IS condition and subject to any items of
record.
Corn tfor sale (B Duft N.08 12
1 DRAFT DATE: 09.11.14-.2017
B. Seller further represents and warrants with respect to the Property that:
1. Title. Seller has title to the Property subject to any restrictions of record. Seller is
the sole owner of the Property.
2. Condemnation. Seller has no knowledge of any pending or threatened
proceedings for condemnation or the exercise of the right of eminent domain as to
any part of the Property or the limiting or denying of any right of access thereto.
3. Special Taxes. Seller has no knowledge of, nor has it received any notice of any
other special taxes or assessments relating to the Property or any part thereof.
4. Hazardous Materials. Seller makes no warranties or representations of any type
regarding hazardous materials of any type.
5. No Leases. There are no leases of the Property.
6. Access. Ingress to and egress from the Property is- eveilel>te- andshall be provided
through ^liffe d Stye -', °.`�' -'the Access Easement. subiect to the terms of this
Contract.
SECTION I I. TITLE AND CLOSING.
A. Title to the Property and Easements shall be conveyed by Seller to Buyer by Deed subject
to the following:
1. Ad valorem real property taxes and stomtwater utility fees for the current year,
not yet due and payable;
2. Those other matters of title to which Buyer has not objected to in writing;
3. Those matters reflected on the survey, if prepared by Buyer, to which Buyer has
not objected to in writing, or, in the event that Buyer does not perform a survey
prior to Closing, all matters that would be revealed by an accurate ground survey
of the Property;
4. Easements, encumbrances, and other restrictions of record as of the date of
execution of this Contract by Seller;
5. Liens and objections shown on the Title Commitment;
6. The Restrictive Performance Covenant;
7. The Restrictive Use and Development Covenant;
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DRAFT DATE: 09.11.44-.2017
8. The limitations on sale of the Property set forth in Section 4(B)(8) of this
Contract;
9. Other standard exceptions contained in a Title Policy as defined in Section l l(B)
below; and
10. Those items and matters set forth in this Contract and that the obligations and
undertakings of Buyer in this Contract shall survive Closing and he incorporated
into the Deed. All of the foregoing exceptions are herein referred to collectively
as the "Conditions of Title."
B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness
on the Closing Date of the Title Company to issue, upon payment of its normal premium,
to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (the "Title Policy ")
insuring Buyer in the amount of the Purchase Price in respect to the Property and
Easements and that title to the Property and Easements is vested in Buyer subject only to
the Conditions of Title.
C. Buyer and Seller shall consummate and complete the Closing of this transaction no
sooner than thirty (30) days but no later than ninety (90) days after satisfaction of all
conditions set forth in Section 3. Buyer shall designate the specific date on which the
Closing shall occur within such period set forth above at least thirty (30) business days
prior to the Closing Date. Under no circumstance shall the Closing occur later than
March 1, 2018, unless Seller grants further extension periods.
D. The Closing shall be at 10:00 A.M. on the Closing Date in the Office of the City
Attorney, or at such other location, date, and time as shall be approved by Buyer and
Seller.
1. On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the
following documents:
a) Its duly executed and acknowledged Deed conveying to Buyer the
Property and Easements in accordance with the provisions of this
Contract;
b) A mechanic's lien affidavit executed by a representative of Seller,
satisfactory to the Title Company, and to the effect that no work has been
performed on the Property by Seller in the one hundred twenty -five (125)
days immediately preceding the Closing Date that could result in a
mechanic's lien claim, or, if such work has been performed, it has been
paid for in full;
C) Such evidence and documents including, without limitation, a certified
copy of the ordinance adopted by Seller, as may reasonably be required by
the Title Company evidencing the authority of the person(s) executing the
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various documents on behalf of Seller in connection with its sale of the
Property and Easements;
d) A duly executed counterpart of a Closing Statement; and
C) Any other items required to be delivered pursuant to this Contract or other
items reasonably required by the Title Company and that do not include
the payment of money, indemnity, or assumption of any liability or
obligation.
E. At Closing, real property taxes (if any), and stormwater utility fees shall be prorated with
Buyer being responsible for all periods thereafter.
F. Buyer shall pay for (i) the cost of all investigations of the Property and Easements
including but not limited to examination of title and title insurance premiums for issuance
of the Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to
Buyer; and (iii) any Grantee's tax and recording costs required to be paid in connection
with the recording of the Deed.
G. Seller shall pay the Grantors tax, if any, and the expenses of legal counsel for Seller, if
any.
H. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date,
subject to the provisions of this Contract.
SECTION 12. CONSTRUCTION PERFORMANCE LIQUIDATED DAMAGES.
Buyer recognizes that Seller is selling the Property and Easements to Buyer at a discounted sales
price and Buyer acknowledges and agrees that an essential element of the agreement between
the City and Buyer with respect to the Project is that Buyer commences Construction Activity
and achieves Substantial Completion of Construction in a timely manner. Buyer and the City
acknowledge and agree that delays in the construction activity will cause damages to the City
which are not capable of exact measurement. The City and Buyer agree that in the event
Buyer fails to commence Construction Activity 90 days after the Closing Date, or achieve
Substantial Completion of Construction 12 months after the Closing Date, and in the absence
of any delays caused by events set out in Section 33 of this Contract, or any written extensions
that may be granted by the City, Buyer shall pay to the City the Construction Performance
Liquidated Damages in the amount equal to the sum of (i) One Hundred Dollars ($100.00);
multiplied by (ii) each Day after (a) 90 days after the Closing Date and until and including
the Day on which the Buyer actually commences Construction Activity; and (b) 12 months after
the Closing Date and until and including the Day on which the Buyer actually achieves
Substantial Completion of Construction. Buyer hereby waives any defense as to the validity of
any liquidated damages stated herein on the grounds that such liquidated damages could be void
as penalties or are not reasonably related to actual damages. Such liquidated damages are in
addition to any other damages the City may be entitled to recover.
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DRAFT DATE: 09.11.142017
SECTION 13. CONDEMNATION.
Seller has no actual knowledge of any pending or threatened condemnation of the Property.
However, if, after the date hereof and prior to the Closing Date, all or any part of Property is
subjected to a bona fide threat of condemnation or condemned or taken by a body having the
power of eminent domain or a transfer in lieu of condemnation, Buyer shall be promptly notified
thereof in writing and within twenty (20) days after receipt of written notice to Buyer, Buyer
may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which
event all parties shall be relieved and released of and from any farther duties, obligations, rights,
or liabilities hereunder, and thereupon this Contract shall be deemed terminated and of no further
force and effect. If no such election is made by Buyer to cancel this Contract, this Contract shall
remain in full force and effect and the purchase contemplated herein, less any interest taken by
condemnation or eminent domain, shall be effected with no further adjustments, and upon the
Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest
of Seller in and to any awards that have been or that may thereafter be made for any such taking
or takings.
SECTION 14. RISK OF LOSS.
Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed, except if
such loss is the result of acts or omissions of Buyer or Buyer's employees, agents, contractors, or
representatives, in which case such loss shall be Buyer's responsibility. Provided, however, if the
Property is substantially damaged or destroyed before Closing by such casualty, then either party
may cancel this Contract by giving the other party thirty (30) days written notice of such
cancellation and neither party will have any further obligations to the other and Seller shall not
be liable to Buyer for any failure to deliver the Property to Buyer.
SECTION 15. COMMISSIONS.
Seller and Buyer each warrant and represent to the other that their sole contact with the other or
with the Property regarding this transaction has been directly between themselves and their
employees. Seller and Buyer warrant and represent that no person or entity can properly claim a
right to a commission, finder's fee, or other compensation based upon contracts or
understandings between such claimant and Buyer or Seller with respect to the transaction
contemplated by this Contract. Buyer agrees to indemnify Seller against and to hold it harmless
from any claim, loss, cost, or expense, including, without limitation, attorneys' fees, resulting
from any claim for a commission, finder's fee, or other compensation by any person or entity
based upon such contacts or understandings.
SECTION 16. REMEDIES.
A. In the event Buyer shall have fully performed or tendered performance of its duties and
obligations hereunder, but Seller fails to perform any of its duties or responsibilities in
accordance with the terms and provisions hereof, Buyer's sole and exclusive remedy shall
be an equitable suit to enforce specific performance of such duties or responsibilities.
Connor for Sale (063 ft 09,08.2017) 16
DRAFT DATE: 09.11.44-.2017
Any and all other remedies otherwise available to Buyer, at law or in equity, are hereby
expressly waived by the Buyer except as otherwise specifically stated in this Contract.
B. If Buyer fails to comply with any of the terms and conditions, or any of Buyer's
obligations, of this Contract, Seller may enforce any and/or all remedies available to
Seller under this Contract or by law, including, but not limited to termination of this
Contract, collection of the Construction Performance Liquidated Damages pursuant to
Section 12 of this Contract, and all such remedies as may be allowed by law or in equity.
SECTION 17. RIGHT OF ENTRY AND INSPECTION PERIOD.
A. Buyer shall have up to 120 Days following the execution of this Contract to complete
Buyer's due diligence review of the Property (Inspection Period) to determine if there are
any issues that would prevent the Buyer's use of the Property and to obtain all Permits
and Approvals Buyer deems necessary or appropriate for the construction of the Project.
By written notice, Buyer may extend the Inspection Period for an additional period of 60
Days provided Buyer is diligently presenting applications and diligently and timely
making efforts, in good faith, to obtain all Permits and Approvals Buyer deems necessary
or appropriate for the construction of the Project, or to satisfy itself that such Permits and
Approvals will be available. Should Buyer determine during such Inspection Period that
it is not satisfied with the Property or any characteristics thereof for any reason
whatsoever, in Buyer's sole and absolute discretion, Buyer may terminate this Contract
by notifying the Seller in writing as soon as possible, but no later than ten (10) Days after
the end of such Inspection Period, of Buyer's decision to terminate the Contract. In such
case, this Contract shall thereupon be terminated and of no further force and effect, unless
Seller and Buyer mutually agree to modify this Contract to address any such issues.
B. In connection with the Buyer's ability to conduct its due diligence review mentioned
above the Seller hereby grants to Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives, and consultants, a revocable right to
enter upon the Property at any time during the Inspection Period, upon two (2) working
days prior written notice via email to the Seller, or the Seller's designee, at the following
email address: Robert Led er RoanokeVa.gov or Brian TownsendQroanokeva.Rov in
order to survey, make test borings, and carry out such other examinations, exploratory
work, or settings as may be necessary to complete Phase I and Phase 11 Environmental
Assessments, or geotechnical assessments, or nondestructive engineering evaluations of
the Property, and to store Buyer's property and equipment, upon the following terms and
conditions:
1. If the Buyer exceeds its rights granted under this Section or fails to obtain
and maintain the insurance required by this Section 17, the Seller may
immediately revoke this right of entry.
2. Buyer agrees to be responsible for any and all damages resulting from the
activity or activities of Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives and consultants, on
the Property in the exercise of the rights granted under this Section. Buyer
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shall, at its sole cost, promptly and fully restore any land disturbed by the
exercise of the rights under this Section to a condition equal to that
exisfing immediately prior to entry on the Property if Buyer does not
purchase the Property.
3. Buyer agrees and binds itself and its successors and assigns to indemnify,
keep and hold the Seller and its officers, agents, employees, volunteers,
and representatives free and harmless from any and all liability, claims,
causes of action, costs and damages of any type, including reasonable
attorney's fees, on account of any injury or damage of any type to any
person or property growing out of or directly or indirectly resulting from
any act or omission of Buyer in connection with this right of entry,
including, but not limited to, Buyer's use of the Property in violation of
any provision of this Contract, claims relating to the storage of property by
Buyer on the Property, or the exercise of any right or privilege granted by
or under this Section 17. In the event that any suit or proceeding shall be
brought against the Seller or any of its officers, employees, agents,
volunteers, or representatives, at law or in equity, either independently or
jointly with Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives and consultants, on
account thereof, Buyer, upon notice given to it by the Seller or any of its
officers, employees, agents, volunteers or representatives will pay all costs
of defending the Seller or any of its officers, employees, agents, volunteers
or representatives in any such action or other proceeding. In the event of
any settlement or any final judgment being awarded against the Seller or
any of its officers, employees, agents, volunteers or representatives, either
independently or jointly with Buyer, its officers, agents, employees,
contractors, subcontractors, licensees, designees, representatives and
consultants, then Buyer will pay such settlement or judgment in full or
will comply with such order or decree, pay all costs and expenses of
whatsoever nature, including reasonable attorney's fees, and hold the
Seller or any of its officers, employees, agents, volunteers or
representatives harmless therefrom. Buyer's indemnity obligations
hereunder are conditioned upon the indemnified party: (i) promptly
notifying Buyer of any claim in writing; (ii) cooperating with Buyer in the
defense of the claim; and (iii) granting Buyer sole control of defense or
settlement of the claim at the sole cost and expense of Buyer.
4. Buyer shall, within a reasonable period of time after its receipt of any
preliminary or final test results or conclusory reports and opinion
statements related to the physical condition of the Property, deliver or
cause to be delivered copies of same to Seller. If Seller so requests, buyer
shall also turn over copies of raw data obtained and any laboratory and
observation reports or analyses. Said copies shall be provided to Seller
without charge.
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DRAFT DATE: 09.1 L -142017
5. Buyer shall comply with, and shall require its officers, agents, employees,
contractors, subcontractors, licensees, designees, representatives, and
consultants to comply with, all applicable federal, state, and local laws,
rules, and regulations. Buyer shall obtain, and shall require its officers,
agents, employees, contractors, subcontractors, licensees, designees,
representatives, and consultants to obtain, prior to exercising any rights
under this Section 17 and any and all permits therefore at their expense.
6. Buyer shall, at its sole expense, obtain and maintain, or have its
contractors or representatives obtain and maintain, the insurance set forth
below. Any required insurance shall be effective prior to the beginning of
any work or other performance by Buyer under this Section 17 of this
Contract. The following policies and coverages we required:
(i) Commercial General Liabilitv. Commercial General Liability
insurance, written on an occurrence basis, shall insure against all claims,
loss, cost, damage, expense or liability from loss of life or damage or
injury to persons or property arising out of Buyer's, contractors' or
representatives' acts or omissions. The minimum limits of liability for this
coverage shall be $1,000,000 per occurrence, and $2,000,000 general
aggregate.
(ii) Contractual Liabilitv. Broad form Contractual Liability insurance
shall include the indemnification obligation set forth above.
(iii) Workers' Compensation. Workers' Compensation insurance
covering Buyer's, contractors' or representatives' statutory obligation
under the laws of the Commonwealth of Virginia and Employer's Liability
insurance shall be maintained for all its employees engaged in work under
this Section 17. Minimum limits of liability for Employer's Liability shall
be $100,000 bodily injury by accident each occurrence; $500,000 bodily
injury by disease (policy limit); and $100,000 bodily injury by disease
(each employee). With respect to Workers' Compensation coverage, the
insurance company shall waive rights of subrogation against the Seller, its
officers, employees, agents, volunteers and representatives.
(iv) Automobile Liabilitv. The minimum limit of liability for
Automobile Liability Insurance shall be $1,000,000 combined single limit
applicable to owned or non -owned vehicles used in the performance of
any work under Section 17 of this Contract and shall be written on an
occurrence basis.
7. The insurance coverages and amounts set forth above may be met by an
umbrella liability policy following the form of the underlying primary
coverage in a minimum amount of $1,000,000. Should an umbrella
liability insurance coverage policy be used, such coverage shall be
Contract for sale (e DrR2P §2017) 19
DRAFT DATE: 09.11.44-.2017
accompanied by a certificate of endorsement stating that it applies to the
specific policy numbers indicated for the insurance providing the
coverages required by this Section, and it is further agreed that such
statement shall be made a part of the certificate of insurance furnished by
Buyer to the Seller.
8. All insurance shall also meet the following requirements: Buyer shall
furnish Seller appropriate documentation showing the type, amount,
effective dates, and date of expiration of policies; that the City of
Roanoke, its officers, employees, agents, volunteers, and representatives
are named m additional insureds; where waiver of subrogation is required
with respect to any policy or insurance required, such waiver shall be
specified; insurance coverage shall be in a form and with an insurance
company approved by Seller, which approval shall not be unreasonably
withheld; and any insurance company providing coverage shall be
authorized to do business in the Commonwealth of Virginia. Buyer shall
provide the City's Risk Manager with not less than thirty (30) Days
advance notice of cancellation or material alteration of any of the above
required insurance coverage.
SECTION 18. NOTICES.
All notices hereunder must be in writing and shall be deemed validly given, by personal service,
if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier,
addressed as follows (or any other address the party to be notified may have designated to the
sender by like notice):
If to Seller: City of Roanoke,
ATTN: City Manager
364 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Telephone No. 540- 853 -2333
Fax No. 540 -853 -1138
With a Copy to: City of Roanoke Department of Economic Development
ATTN: Economic Development Director
117 Church Avenue, S.W.
Roanoke, VA 24011
Telephone No. 540- 853 -2715
Fax No. 540- 853 -1213
If to Buyer: Lora J. Katz
225 23rd Street, S.W, #303
Roanoke, VA 24014
Telephone: 540 -597 -8223
Comm for sate (esaeDin 09.0 .2017) 20
DRAFT DATE: 09.11.442017
Notice shall be deemed delivered upon the date of personal service, two days after deposit in
the United States mail, or the day after delivery to a nationally recognized overnight courier.
SECTION 19. TIME.
Time is of the essence in the performance of the parties' respective obligations in this
Contract.
SECTION 20. SUCCESSORS AND ASSIGNS.
This Contract shall inure to the benefit of and be binding upon the parties hereto and their
respective successors and assigns.
SECTION 21. COUNTERPART COPIES.
This Contract may be executed in one or more counterparts, and all such counterparts so
executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that
all of the parties are not signatories to the same counterpart.
SECTION 22. CONSTRUCTION.
The parties acknowledge that each party and its counsel have reviewed and revised this
Contract and that the normal rule of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Contract
or any amendments or exhibits hereto.
SECTION 23. SEVERABILITY AND SURVIVAL.
If any term of this Contract is found to be invalid, such invalidity shall not affect the
remaining terms of this Contract, which shall continue in full force and effect. The parties
intend for the provisions of this Contract to be enforced to the fullest extent permitted by
applicable law. Accordingly, the parties agree that if any previsions are deemed not
enforceable by any court or agency of competent jurisdiction, they shall be deemed modified
to the extent necessary to make them enforceable. ALL TERMS AND CONDITIONS OF
THIS CONTRACT SHALL SURVIVE CLOSING.
SECTION 24. COOPERATION.
Each party agrees to cooperate with the other in a reasonable manner to carry out the intent
and purpose of this Contract.
SECTION 25. AUTHORITY TO SIGN.
The persons who have executed this Contract on behalf of the parties represent and warrant
they are duly authorized to execute this Contract on behalf of their respective entity.
Cmwm Por aak (B DMftan94 §3017) 21
DRAFT DATE: 09.11.442017
SECTION 26. NONWAIVER.
Each party agrees that any party's waiver or failure to enforce or require performance of any
term or condition of this Contract or any party's waiver of any particular breach of this
Contract by any other party extends to that instance only. Such waiver or failure is not and
shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other
breaches of the Contract by any party and does not bar the non - defaulting party from requiring
the defaulting party to comply with all the terms and conditions of this Contract 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 Contract or by law.
SECTION 27. FAITH BASED ORGANIZATIONS.
Pursuant to Virginia Code Section 2.2.-4343. 1. be advised that the City does not discriminate
against faith -based organizations.
SECTION 28. CONFLICT BETWEEN PLANS AND CONTRACT TERMS.
Seller and Buyer agree that the provisions of the Plans and other documents provided by
Buyer to Seller are intended to be consistent with the terms of this Contract. However, if any
of Buyer - supplied documents and/or the Plans are in conflict with the terms of this Contract,
the parties agree that the terms of this Contract shall control, unless the parties mutually agree
otherwise in a writing signed by both parties.
During the performance of this Contract, Buyer agrees as follows:
A. Buyer will not discriminate against any employee or applicant for employment because
of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by
state law relating to discrimination in employment, except where there is a bona fide
occupational qualification reasonably necessary to the normal operation of the Buyer. Buyer
agrees to post in conspicuous places, available to employees and applicants for employment,
notices setting forth the provisions of this nondiscrimination clause.
B. Buyer in all solicitations or advertisements for employees placed by or on behalf of
Buyer will state that Buyer is an equal opportunity employer.
C. Notices, advertisements and solicitations placed in accordance with federal law, role or
regulation shall be deemed sufficient for the purpose of meeting the requirements of this
section.
D. Buyer will include the provisions of the foregoing in every subcontract or purchase order
of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
Cwvurc for Sale (B63BD.1g1'!) 22
DRAFT DATE: 09.11.14.2017
SECTION 30. DRUG-FREE WORKPLACE.
During the performance of this Contract, Buyer agrees to (i) provide a drug -free workplace for
Buyer's employees; (it) post in conspicuous places, available to employees and applicants for
employment, a statement notifying employees that the unlawful manufacture, sale,
distribution, dispensation, possession, or use of a controlled substance or marijuana is
prohibited in the workplace and specifying the actions that will be taken against employees for
violations of such prohibition; (iii) state in all solicitations or advertisements for employees
placed by or on behalf of Buyer that Buyer maintains a drug -free workplace; and (iv) include
the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000,
so that the provisions will be binding upon each subcontractor or vendor.
For the purposes of this section, "drug -free workplace" means a site for the performance of
work done in connection with a specific contract awarded to a contractor, the employees of
whom are prohibited from engaging in the unlawful manufacture, sale, distribution,
dispensation, possession or use of any controlled substance or marijuana during the
performance of the contract.
Buyer shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended,
which provides that a contractor organized as a stock or nonstock corporation, limited liability
company, business trust, or limited partnership or registered as a registered limited liability
partnership shall be authorized to transact business in the Commonwealth as a domestic or
foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law.
Buyer shall not allow its existence to lapse or its certificate of authority or registration to
transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be
revoked or cancelled at any time during the term of the Contract. Seller may void the Contract
if Buyer fails to remain in compliance with the provisions of this section.
SECTION 32. APPROPRIATION OF FUNDS.
All obligations or fundings undertaken by Seller in connection with this Contract are subject to
the availability of funds and the appropriation of such fonds by City Council as may be
necessary for such obligations or funding. If any such funding is not approved, withdrawn, or
otherwise not made available for this Contract, with the result that Seller is unable to perform
its obligations under this Contract, Seller shall provide Buyer with written notice of such
unavailability of funding.
SECTION 33. FORCE MA3EURE.
Conoaa for sae (es-seo„.U.zo(7) 23
DRAFT DATE: 09.11.44.2017
Neither party shall be in default or otherwise liable for any delay in or failure of its
performance under this Contract if such delay or failure arises by any reason beyond its
reasonable control, including any act of God, any acts of common enemy, the elements,
earthquakes, floods, fires, epidemics, riots, strikes, failures or delay in transportation or
communication, shortages of material, approval delays or any act or failure to act by the other
party or such other party's employees, agents or contractors; provided, however, that lack of
funds shall not be deemed to be a reason beyond a party's reasonable control. The Parties
shall promptly inform and consult with each other as to any of the above causes which in their
judgment may or could be the cause of a delay in the performance of this Agreement.
For purposes of this Contract, any one (1) delay caused by any such occurrence shall not be
deemed to last longer than four (4) months and the party claiming delay caused by any and all
such occurrences shall give the other party written notice of the same within 30 days after the
date such claiming party teams of or reasonably should have known of such occurrence.
Notwithstanding anything else set forth above, after a total of six (6) months of delays of any
type have been claimed by a party as being subject to force majeure, no further delays or
claims of any type shall be claimed by such party as being subject to force majeure and/or
being an excusable delay.
SECTION 34. ENTIRE CONTRACT.
This Contract, together with the exhibits hereto, contains all representations and the entire
understanding between the parties hereto with respect to the subject matter hereof. Any prior
correspondence, memoranda, or contracts are replaced in total by this Contract and the
exhibits hereto. No amendment to this Contract shall be valid unless made in writing and
signed by the appropriate parties.
SIGNATURE PAGE TO FOLLOW
Convect fr sate cseasoreft 09.08.2017) 24
DRAFT DATE: 09.11.442017
IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized
representatives.
ATTEST: CITY OF ROANOKE, VIRGINIA
City Clerk
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE, to -wit:
By
Shomm M. obert S. Cowell Jr.
City Manager
The foregoing instrument was acknowledged before me this _day of , 2017, by
obert S. Cowell Jr. City Manager for the City of Roanoke,
Virginia, a Virginia Municipal Corporation, for and on behalf of said municipal corporation,
My commission expires:
Notary Public
SEAL
WITNESS /ATTEST:
By
Lora J. Katz
---COMMONWEALTH OF VIRGINIA
To -Wit:
The foregoing instrument was acknowledged before me this _day of , 2017, by Lora
J. Katz.
My commission expires:
Notary Public
SEAL
Comma for Sale (B63BQMLU g §.2017) 25
DRAFT DATE: 09.1 1.+42017
Approved as to Forth: Approved as to Execution:
Assistant City Attorney
Authorized by Ordinance No.
Assistant City Attorney
Cma for Sale (0630D ft 09.08.201!) 26
DRAFT DATE: 09.11.44-.2017
Contract for Purchase and
Sale of Real Property dated
' 2017, by and
between City of Roanoke,
Virginia, and Lora J. Katz.
EXHIBIT 1
DESCRIPTION OF CITY'S PARCEL
Roanoke Official Tax Mao No. 1470301
BEGINNING at a double white oak on the southeasterly side of Murray's Run and comer to the
lands of W. H. Hart; thence with the line of same S. 75 deg. 37' 00" W. 209.30 feet to a concrete
monument; thence leaving the line of W. H. Hart N. 11 deg. 20' 00" E. 458.20 feet to a concrete
monument; thence N. 49 deg. 51' 00" W. 295.1 feet to a concrete monument on the south side of
Creston Avenue, according to the map of the Weaver Heights Corporation subdivision, known as
Grandin Court Annex, made by William Bradford, August 1, 1923, and revised according to the
Map of Land Acquired for Park Purposed Adjoining the City of Roanoke ALMS House Farm on
the West Side, dated December 12, 1924, on file in the Office of the City Engineer, Roanoke,
Virginia; thence N. 66 deg. 32' 00" W. 41.7 feet to a concrete monument on the north side of
Creston Avenue and comer to Lot 11, Section 25, above mentioned map; thence with the east
line of Lot 11, Section 25, N. 49 deg. 51' 00" W. 186.0 feet to a concrete monument on the
comer of Lot 7, Section 23; thence with the east line of Lot 7, Section 23, crossing Sweetbrier
Avenue and continuing along the east line of Lot 8, Section 21, N. 31 deg. 55' 00" W. 427.00
feet to a concrete monument at the corner of Lot 4, Section 21; thence with the east line of Lot 4,
Section 21, N. 18 deg. 42' 00" W. 139.00 feet to a concrete monument on the south side of
Greenbrier Avenue; thence with the south side of Greenbrier Avenue N. 71 deg. 18' 00" E.
574.88 feet to an iron pipe in the line of the property of Ernest B. Fishbum; thence with the line
of the property of Ernest B. Fishbum S. 37 deg. 59' 00" E. 733.2 feet to an iron pipe on the
northwesterly side of Mornay's Run; thence S. 12 deg, 03' 00" W. leaving the line of Ernest B.
Fishbum and passing at 511.5 feet a comer of the City of Roanoke Almahouse Farm — a total
distance of 848.82 feet to a double white oak, the place of BEGINNING, and containing 15.502
acres. All bearings refer to the meridian of the official survey. (To correct for meridian used by
Weaver Heights Corporation subdivision known as Grandin Court Annex made by Wm.
Bradford, dated August 1, 1923, add 3 deg. 47' in N.E. and S.W. and subtract 3 deg. 47' in N.W.
and S.E.) See plan 1546 on file in Office of City Engineer, Roanoke, Virginia; and
Corona for Sale (0630Dna 09 08.2017) 27
DRAFT DATE: 09.11.44-.2017
BEING the same property conveyed to the City of Roanoke, Virginia by deed dated January 2,
1925 from Weaver Heights Corporation, of record in the Clerk's Office of the Circuit Court for
the City of Roanoke, Virginia, in Deed Book 141, Page 401.
Contract for Purchase and
Sale of Real Property dated
2017, by and
between City of Roanoke,
Virginia, and Lora J. Katz.
EXHIBIT 1 -A
SOH P1 AN
MAP
Con"cc for Sale (B6 3UDmft 09 08.2019) 28
DRAFT DATE: 09.1 1.442017
Contract for Purchase and
Sale of Real Property dated
, 2017, by and
between City of Roanoke,
Virginia, and Lora J. Katz.
EXHIBIT 2
BUYER'S PROPOSAL
Coco- f.r Sete (esseoaa 09.0 017) 29
ROANOKE
CITY OF ROANOKE ECONOMIC DEVELOPMENT
DEPARTMENT SURPLUS PROPERTY SALE PROPOSAL
PROPERTY ADDRESS: 2424 Brambleton Ave SW. TAX NUMBER(s): 14770`301
DATE: 'I -I ' APPLICANT /CONTACT PERSON: LOD,A ' LWIZ
FULL NAME (As to be stated on Deed): Lom J. I /An_
HOME ADDRESS (or) PRINCIPAL OFFICE: 225 ?.3 RD rn SIJ *302
(Physical addresses only. No Post Office Boxes)
CITY: Amora STATE: VA. ZIP: X0j4
DAYTIME PHONE: 54J- 5Q742.:+?
D CORPORATION
VINDIVIDUAL(S)
D LIMITED PARTNERSHIP
D JOINT TENANTS
D LIMITED LIABILITY COMPANY
D TENANTS IN COMMON
D PARTNERSHIP
D SOLE PROPRIETORSHIP
TOTAL BID AMOUNT (Must be expressed in whole dollar amounts) T£N A lum
PROPOSED USE. (Please include additional pages, if necessaryl: SIN41€ 4�11� REELbeIyCj_�
I hereby certify that I have been provided with and have read the announcement of
sale for the above- referenced property and submit this proposal in accordance with
all p ovisions of th said a uncement.
Signature ro
Lora J Katz, AIA
ARCHITECTURE / INTERIOR DESIGN
April 17, 2017
Mr. Rob Ledger, Manager, Department of Economic Development
117 Church Avenue, SW
Roanoke, VA 24011
RE: 2424 Bramblewn Ave. SW Tax no: 1470301
Dear Mr. Ledger,
Attached is my proposal for the caretaker's cottage located In Fishburn Park. I hope that it meets with
your objectives for preserving this architectural gem.
Proposal Elements:
The concept plan is attached. My goal for this property is to restore the caretakers cottage and
w live in it. Since I was a child this building has been one of my favorites and to think that now I
have the opportunity to restore is and to live in it is exciting. The only other structure
proposed on the property would come later and is shown on the concept plan as a future small
garage and would be located close w Clifford Street, which would be the new access point A
walkway garden path would then be added w connect the parking area to the house entrance.
Drawings and bidding would begin within 30 days of approval and construction would begin in
approximately 90 days with a maximum one year total project completion timeline.
The caretaker's cottage will become my new caretaker's cottage, to serve as a beacon of the
past with a view toward the future. I hope the neighbors will feel free to access the park down
my new path and I plan on extending the walkway path pan my porch entry to allow them to
access the park without crossing the grass. Modern systems will be added, but the house will
remain intact and restored. The front porch will be retained, but it is falling apart and the
foundation will need to be rebuilt The inside walls will be stripped to the studs to add modern
electrical wiring and insulation in the walls and the second floor ceiling. Historical elements on
the interior, such as the original fireplace mantels and hearths will be restored. A new kitchen
will be added as well as a new bathroom and laundry space. On the exwrior, the foundation will
be restored, the electrical panel box and meter will be relocated away from the front door and
either the original windows will be restored or new insulated windows will be added to match
the original style. The hardwood floors seem to be intact and will be refinished on both levels.
Of course the house will be repainted inside and out.
I am an architect that was born and raised in Roanoke. Currently, I have my own firm and will
use my expertise w make sure that this home retains its original character. I have always
believed in serving the community and have been on the ARB and currently Serve on the
Planning Commission. I want w make everyone in the community proud of this house again and
know that I can get this accomplished through exterior restoration and interior renovation. To
L)KAIA ®COK.NET 225 23'' STREET. SW #303 5 R:- 597 -S 22
ROANOKE. VA 24014
, � T
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Lora) Katz, AIA
ARCHITECTURE / INTERIOR DESIGN
June 6, 2017
Mr. Rob Ledger, Manager, Department of Economic Development
117 Church Avenue, SW
Roanoke, VA 24011
RE: 2424 Brambleton Ave. SW Tax no: 1470301
Dear Mr. Ledger,
Attached is my proposal for the caretaker's cottage located in Fishburn Park. I hope that it meets with
your objectives for preserving this architectural gem.
Proposal Elements:
I. The concept plan is attached. My goal for this property is to restore the caretaker's cottage and
to live in it. Since I was a child this building has been one of my favorites and to think that now I
have the opportunity to restore it and to live in it is exciting. The only other structure
proposed on the property would come later and is shown on the concept plan as a future small
garage and would be located close to Clifford Street, which would be the new access point A
walkway garden path would then be added to connect the parking area to the house entrance.
Drawings and bidding would begin within 30 days of approval and construction would begin in
approximately 90 days with a maximum one year total project completion timeline.
2. The caretakers cottage will become my new ciretaker s cottage, to serve as a beacon of the
past with a view toward the future. I hope the neighbors will feel free to access the park down
my new path and I plan on extending the walkway path past my porch entry to allow them to
access the park without crossing the grass. Modern systems will be added, but the house will
remain intact and restored. The from porch will be retained, but it is falling apart and the
foundation will need to be rebuilt. The inside walls will be stripped to the studs to add modern
electrical wiring and insulation in the walls and the second floor ceiling. Historical elements on
the interior, such as the original fireplace mantels and hearths will be restored. A new kitchen
will be added as well as a new bathroom and laundry space. On the exterior, the foundation will
be restored, the electrical panel box and meter will be relocated away from the front door and
either the original windows will be restored or new insulated windows will be added to match
the original style. The hardwood floors seem to be intact and will be refinished on both levels.
Of course the house will be repainted inside and out.
3. 1 am an architect that was born and raised in Roanoke. Currently, I have my own firm and will
use my expertise to make sure that this home retains its original character. I have always
believed in serving the community and have been on the ARB and currently serve on the
Planning Commission. I want to make everyone in the community proud of this house again and
know that 1 can get this accomplished through exterior restoration and interior renovation. To
Lf KAIA @COX. NET 225 23- STREET, SW #303 540 - 597 -8213
ROANOKE, VA 24014
Lora J Katz, AIA
ARCHITECTURE/ INTERIOR DESIGN
make sure that this remains the single home in the park a conservation easement or other legal
building restrictions will be set to protect the parkland in perpetuity. I would like for the
property to connect to Clifford in order to keep my car further away from the cottage and
enter the site at that location, but if the city would prefer to grant an easement to the cottage
through the current park entrance and access drive, then a smaller lot surrounding the house
would certainly be acceptable. If this option is selected, then a small defined parking spot would
be provided.
The cottage is approximately I000sf on the main level and 600sf upstairs. A construction
analysis has been completed and it will cos[ approximately $150.000 to fully renovate this
cottage. I plan on using savings and a line of credit to start the process then will sell my current
home and use the equity and a small bank loan to fund the remainder of the renovation.
The cost includes the following breakdown:
HVAC $IQ000.
Electrical $7500.
Plumbing $7500.
Kitchen $25,000.
Bathroom $10,000.
Porch $5000.
Structural Reinforcement $10,000.
Hardwood Floors $5000.
Painting $5000.
Driveway and Walking Path $10,000.
Lighting and Hardware $5000.
Insulation, GWB and Trim $10,000.
Windows and shutters $15,000.
Selective Demolition $10,000.
Contingency $15,000.
Total $150000
S. I would like to offer $10 ten dollars for this property. The purchase is contingent on rezoning
approval.
Thank you for your consideration. I look forward to hearing from you.
v
L1KAIA @OOX.NET 12523°° STREET, SW #303 540 -597 -8223
ROANOKE. VA 24014
Lora) Katz, AIA
ARCHITECTURE / INTERIOR DESIGN
August 30, 2017
Mr. Rob Ledger, Manager, Department of Economic Development
117 Church Avenue, SW
Roanoke, VA 24011
RE: 2424 Brambleton Ave. SW Tax no: 1470301
Dear Mr. Ledger,
Aker comments from the public during the City Council meeting, I would like to amend my current
proposal as follows.
A conservation easement will do little more than deed restrictions, however, an easement would cost a
considerable amount to put into place and would require yearly management fees and inspections paid
to a third parry. In lieu of the easement, I would like to agree to a deed restriction that the house
cannot be razed without the prior consent of the seller. I certainly do not intend to raze the house, but
this could come up many years after I am gone and will protect the property until it is proven to require
this extent of demolition.
In addition to the deed restriction, I will voluntarily preserve, whether in place or re- purposed
elsewhere in the structure, the following historic elements of the home to the extent possible. These
elements include the log structure, portions of the timber frame, both hand -made brick chimneys,
exterior siding, interior chair rail, baseboard and window trim, as well as the wide plank wood flooring,
upstairs ceiling shiplap paneling and vertical hand - planed wood paneling. There is one historic mantel
remaining that would also be preserved.
A smaller piece of property is possible and I am in favor of transferring less land with the house sale.
The new boundary lines would create a square lot that fronts Brambleton Avenue and would be
approximately .65 acres. The entry to access the home would require an easement through the existing
Fishburn Park entry and would avoid Clifford Street An additional easement may be required for
water, sewer, electrical and gas lines, depending upon the existing main line locations and access.
I appreciate your assistance and thank you for all your help during this process
ja
LJKAIA @CORNET 22523PO STREET. SW #303 W-597 -8223
ROANOKE, VA 24014
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40967- 092217
ROANOKE CITY COUNCIL
RECESSED SESSION
(CITY COUNCIL STRATEGIC WORKSHOP)
SEPTEMBER 22, 2017
8:30 A.M.
RALEIGH COURT LIBRARY
2112 GRANDIN ROAD, S. W.
AGENDA
1. Call to Order — Roll Call — All present.
2. Welcome — Mayor Sherman P. Lea, Sr.
3. A communication from the City Manager recommending approval of the
2016 -17 HUD Consolidated Annual Performance and Evaluation Report
(CAPER).
Adopted Resolution No. 40967- 092217. (7 -0)
4. Work Session Purpose — Robert S. Cowell, Jr., City Manager
Opening comments by the City Manager.
• FY 2017 Year End Update
o Local Tax Revenue Trends
o FY 2017 Revenue Issues
o FY 2017 Expenditure Issues
• FY 2018 Year To Date Performance
FY 2018 Budget Development Follow -Up Items
• FY 2019 Budget Development Discussion
Items from Mayor and Members of Council.
The City Manager agreed to provide a summary of priorities for review and
concurrence of the City Council.
Adjournment— 1:56 p.m.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 22nd day of September, 2017.
No. 40967 - 092217.
A RESOLUTION approving the 2016 -17 1IUD Consolidated Annual Performance and Evaluation
Report (CAPER) regarding the United States Department of Housing and Urban Development (HUD)
Community Development Block Grant (CDBG) program; and authorizing the City Manager to submit the
CAPER to I IUD.
WHEREAS, the City of Roanoke regularly receives HUD and CDBG grant monies each year to use in
HUD funded community service programs;
WHEREAS, HUD requires each locality receiving such funds to develop a Consolidated Annual
Performance and Evaluation Report (CAPER) that includes a review of the specific community development
and housing activities that were undertaken during the recently concluded program /fiscal year and identify the
amount of funding that benefited low -to- moderate income persons; and
WHEREAS, IEREAS, as described in the City Council Agenda Report dated September 22, 2016, the CAPER
was made available to the public August 18, 2017 through September 19, 2017 for review and public
comment, and a properly advertised public hearing was held on September 18, 2017 to receive public
comments, and no comments were made.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
L City Council ham'eby approves the CAPER attached to the City Council Agenda Report
dated September 22, 2017,
2. The City Manager is hereby authorized, for and on behalf of the City, to execute the
CAPER, and to submit same to I IUD by September 30. 2017.
ATTEST: ,f 1 /'�//�(�,('ty"
I % iL
,�� City Clerk U
"'°""` CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: September 22, 2017
Subject: Approval of 2016 -2017 Consolidated Annual Performance and Evaluation
Report (CAPER) for US Department of Housing and Urban Development
Background:
Federal law requires all participating jurisdictions that receive funds from the U.S.
Department of Housing and Urban Development (HUD) to submit a Consolidated Annual
Performance and Evaluation Report (CAPER) no later than September 30th following the
close of the prior program year. This submittal follows a 30 -day public comment period
that was properly advertised in newspapers of general circulation beginning August 18,
2017 and expired on September 19, 2017, including a public hearing by the Roanoke City
Council on September 18, 2017. The City made the draft CAPER available to the public
through a variety of means, including the City's website, by mail to citizens upon request,
at the City Municipal Building, at the City's Main Branch Library, and at the Roanoke
Redevelopment and Housing Authority's Executive Offices. No comments were received
during the 30 -day public comment period, including at the public hearing.
Considerations:
Submission of the CAPER to HUD is a required action to remain eligible to receive future
HUD funds. City Council should consider approval of the CAPER and authorize its
submission by the City Manager or his designee to HUD.
Recommended Actions:
Adopt the attached resolution to approve the 2016-17 HUD Consolidated Performance and
Evaluation Report (CAPER), and direct the City Manager or his designee to execute and
submit the CAPER to the Richmond Field Office of the U.S. Department of Housing and
Urban Develollment prior to September 30, 2017, in a form approved by the City Attorney.
-- -- - - -- -- ------ - - - - --
Robert S. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager
Amelia Merchant, Acting Director of Finance
Chris Chittum, Director of Planning, Building and Development
Keith Holland, Community Resources Program Administrator
City Council Strategic
Planning Workshop
September 22, 2017
Raleigh Court Library
8:30 a.m. — 1:00 p.m.
Agenda
• FY 2017 Year End Update
• Local Tax Revenue Trends
• FY 2017 Revenue Issues
• FY 2017 Expenditure Issues
• FY 2018 Year To Date Performance
• FY 2018 Budget Development
Follow -Up Items
• FY 2019 Budget Development
Discussion
pi
City of Roanoke Priorities
Assure a desirable region where
judicial needs are met and citizens
feel safe in their community.
Cnfuh' Fcnnnmv
Enhance Roanoke's
exceptional vitality as an
,
attractive, diverse,
culturally inclusive, vibrant
r�
and active city in which to
Livability
live, learn, work and play.
Maintain and build quality
infrastructure that supports
healthy residential
neighborhoods, successful
commercial areas, and
accessible public facilities and
amenities.
L
Cultivate a thriving business
environment and innovative
workforce opportunities to ensure
the prosperity of our community,
recognizing our role in both the
regional and global economies.
Foster an environment for
lifelong learning which
encompasses cradle to
Education career and beyond through
shared services and
community involvement.
I
cod
Infrastructure
Government Provide exceptional, yet cost
1 competitive government
/ Human services that are collaborative,
Services transparent, responsive, and
1 innovative.
Foster a caring community that utilizes an
equitable, regional, and collaborative approach to
encourage preventative measures, intervention
services, and self - sufficiency while providing a 3
social safety net for citizens.
FY17 Year End
• June monthly close occurred on September 11th
• Pending 13th Period revenue and expense
accruals
• Remaining analysis of required contributions
— RCPS
— Risk Management Fund
— Undesignated fund balance
• Anticipated unaudited results to City Council by
November
11
285
275
265
Z
0
S 255
6
0
245
235
225
Revenue Performance by
Fiscal Year
281.1 280.6
FY 08 FY 09 FY 10 FY 11 FY 12 FY 13 FY 14 FY 15 FY 16 FY 17 FY 18
(Adopted) (Estimate)
5
120,000,000
100,000,000
MIXII1=1 7
11,111014111110111
40,000,000
20,000,000
Property Tax Revenues
`gal 0\ e6l
ry ry ti ti ti ry ry ry ti ti aeQ yell
OR
If,
Delinquent, P & I
■Tax Districts
• Public Service
• Personal Property
• Real Estate
z
$100,000.000
$80,000,000
$40.000.000
$20.000,000
Real Estate Tax
ryoa� ti� ry� rya ^o ryo ^ti ryoIb �a ryoh ryo$b ��� aye, ���
a °Q y'-01 a °Q
^,, \Q' ^,,� ^0LP
ryp ry0 ry0
7
25,000,000
20,000,000
15,000,000
Mom
UT, ,,I
Sales Tax
41 lie ryooa goo ti��^ ti� ^ry ti� ^A ryaa ryo °h ryo °6 aoQ��� y�a�� aoQ`��
ION ION,
E
18,000.000
16,000,000
14,000,000
12,000,000
10,000,000
8.000000
6.000.000
4,000,000
2,000,000
Meals Tax
^° ^^ N 0 R '0416 oe`p �Fa�O, oQ`0a,
I
5,000,000
4,500,000
4,000,000
3,500,000
3,000,000
2,500,000
2,000,000
1,500,000
1,000,000
500,000
Lodging Tax
a°°^ ry °°9 ry ° °9 ry� ^� ry� ^^ ry� ^ry ry� ^� ry��b ry� °y ry��6 ep 0`0, p
100
$aF a�
,ON IPNI
10
Historical Rate Adjustments
Meals
5%
7%
7%
5%
5%
5%
5.5%
5.5%
5.5%
Lodging
7%
7%
7%
7%
8%
8%
8%
8%
8%
Motor
$20
$20
$20
$20
$20
$20
$25
$25
$25
Vehicle
Real
$1.19
$1.19
$1.19
$1.19
$1.19
$1.19
$1.22
$1.22
$1.22
Estate
11
Revenue Performance to Budget
$295,000,000
$265.51 M
$275,000,000 $254.67M
(0.210)%
$255,000,000 -....- -.. _- .... -_
$256.52M $259.53M
(0.026)% (0.420 %)
$235,000000
$215,000,000
$195,000,000
$175,000,000 - - - - --
FY 2012 FY 2013 FY 2014 FY 2015
$273.06M
(0.924 %)
rT 201ti
12
Expenditure Performance to Budget
$295,000,
$275,000,
$255,000,
$235,000,
$215,000,
$195,000,
$175,000,
000
000
271.4M
000
(1.20 %)
$258.4M $258.5M (0.22 %)
(0.24%) $254.1M (0.68 %)
000
000
000
000
FY 2012 FY 2013 FY 2014 FY 2015 FY 2016
13
FY 2017 Revenue Issues
• Real Estate — very modest growth
• Personal Property —volatile; anticipated decrease in new
vehicle sales
• Sales Tax — not yet returned to high of $22M in 2007
• BPOL — did not achieve anticipated growth in FY 2017
• Meals Tax — steady growth since 2011
• Lodging — steady growth since 2011; underperformed in FY
2017
14
FY 2017 Expenditure Issues
• Children's Services Act
• Worker Compensation
• Public Safety Overtime
• Fleet Parts
• Elections
• Motor Fuel
• Tipping Fees
15
$50
$45
$40
$35m
$30=
$25
$20
$15
$10
Fund Balance
FY
FY
FY
FY
FY
2012
2013
2014
$26.OM
$26-1 M
$26.7M ' o
10.1%
10.3%
1 U. o
FY
FY
FY
FY
FY
2012
2013
2014
2015
2016
Toi
FY 2018 Reductions
• Facilities Management — capital building maintenance
• Fire Inspections
• Fleet Management — vehicular and equipment replacement
• Libraries — books, materials and subscriptions
• Parks and Recreation — recreation programs and aquatics
• Planning — demolition, graffiti abatement, weed and trash
removal
• Social Services — Emergency Relief
• Technology - capital
• Transportation — signs and pavement markings, signal
maintenance, contracted alley maintenance, sidewalk
maintenance and repair
• Youth Services
17
FY 18 YTD Revenue
Performance
Meals Tax
$1,082,011
$1,239.661
Lodging Tax
760,031
849,228
Cigarette Tax
372,457
412,737
Motor
185,983
201,738
Vehicle
License
Sales Tax*
1,593,375
1,738,411
*One month of revenue
$1,294,366
748,896
372,632
311,744
1.647.102
$1,384,474
828,697
452,942
302,814
1,605,684
I:
FY 18 Follow -Up
• Neighborhood Infrastructure
— Alley Maintenance
— Sidewalk Repair & Maintenance
— Demolition
• Arts Endowment
19
Neighborhood Infrastructure
Alley Maintenance $428,282 ($41,604) $386,678
Sidewalk Repair &
Maintenance
Demolition
462,319 (20,000) 442,319
30,000 (10,050) 19,950
KE
Arts Endowment
• Funding Appropriation History
— FY 2015: $250,000 from Excess Debt
Service
— FY2016: $250,000 from Excess Debt
Service & FY2015 year -end closeout
— FY2017: $125,000 from Excess Debt
Service
— FY 2018: $62,500
— Total appropriated to date: $687,500
• $62,500 currently uncommitted in project
account from one -time funding 21
Solid Waste Commercial
Recycling
• Commercial businesses receive recycling collection
if refuse is collected
— Allowed up to 3 automated collection containers
• When recycling collection began, recyclables w,�re
collected from commercial businesses that did 4ave yA
refuse collected by City COWWOd
— Focus on participation rate and growing recyclable
tonnage
• As recycling tonnage increased from residential
segment, mitigated need to collect recyclables from
commercial businesses
22
Solid Waste Commercial
Recycling
• Over time, discontinued
commercial businesses
• Commercial waste man
recycling collection
• Resuming past practice
commercial businesses
collecting recyclables from
where refuse not collected
agement companies offer
of collecting recyclables at
where refuse is not
collected will:
— Require additional manpower
— Result in additional disposal cost
23
Alley Maintenance
• Approximately 375 alley segments in which Solid
Waste collected
• Approximately 10 alley segments that provide sole
access to parcels
• Inspected annually for vegetative overgrowth and
surface maintenance needs
• All other alleys addressed based on complaints
• Maintenance Activities
— Vegetative overgrowth — responsibility of parcel owner
— Surface Maintenance — maintenance contract valued at
approximately $300,000 annually
24
Alley Maintenance
• Vegetative Overgrowth
— After inspection, notices of violation sent to all property
owners within the alley
— Notices issued late one week and owners given two
weekends to address
— Re- inspect approximately 10 days later and note any
properties still in violation
— Post second notices on properties still in violation
requesting overgrowth be cut back
— Reinspect after another weekend and, if still in violation,
contractor retained to trim offending vegetation — bill sent
to parcel owner
25
Alley Maintenance
• 115 alleys inspected since 2014 in which Solid Waste
is not collected
— Very minor surface work done unless terrain, stormwater
runoff, erosion are a significant problem
• Occasionally, city addresses unimproved alleys so
overgrown adjacent property owners cannot address
— City clears and advises adjacent property owners of future
responsibility for maintenance
26
Alley Maintenance
2014 1426 137 64 $7,600
2015
2016
801 204 48
690 103 41
$8,250
$8,200
27
Alley Maintenance
• Surface Maintenance
— Annual inspections generate lists of alleys
in which surface repairs are required
— All work contracted out
— Surface treatment and some minor
excavation /repair work
FY 2019 Budget Development
• Seeking Council's affirmation regarding
priorities
• Present framework for budget
challenges
• Discussion of development
methodology
29
Historical Reductions to Balance the
$11
$6
$1
c
0
-$4
-$9
-$14
Budget
-1.2 -0.8 0.6 -1.2 -0.3 -0.3
7�-5.1 -4.5
-9
RAO
<1C <yl� �y`L ��ti Q�� ��ti ��e ��ti rip <1ti <1f F�,rO
Full -Time Equivalent Positions
1850 -
1816
1800
1750
1700
1650
1600
1550
FY FY FY FY FY FY FY FY FY FY FY
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
31
Expenditure Reductions
Carried Forward to FY2018
• Public Safety
• Fleet Capital
• Technology Capital
• Capital Building Maintenance
• Parks & Recreation
• Social Services
• Libraries
• Positions
• Employee Development and Benefits
• Outside Agencies
• Marketing 32
Major Expenditure Allocations for FY18
■ Personnel Costs (salary + fringes) -- $113,526,894
■ Support for RCPS -- $79,592,200
■ Social Services Programs & CSA -- $23,638,357
■ Transfer to Debt Service + Excess Debt Capacity --
$14,305,986
■ Outside Agencies -- $8,804,474
• Fleet (Replacement Vehicles, Parts, Motor Fuel,
Sublet Vendor) -- $5,402,158
• Paving -- $4,139,924
■ Tipping Fees -- $1,717,103
■ Technology Infrastructure Capital -- $1,000,000
■ Residential Juvenile Detention -- $912,854
• All Other Operating Expenses -- $29,745,050
33
FY 2019 Expenditure
Challenges
• Compensation
• Medical
• Pension
• Children's Service Act (CSA)
• Infrastructure
— Fleet Replacement, Technology Capital, Facilities
Maintenance, Paving
• Livability
— Parks and Recreation, Libraries
• Safety
• Percent for Art
34
Compensation
FY Increase
11•
2010
0%
2011
0% (June stipend)
2012
0% (November stipend)
2013
3%
2014
2%
1% RHSA
2015
0%
2016
3%
6% Pension Hold Harmless
2017
2%
2018
1.75%
35
$16,000,000
$15,500,000
$15,000,000
$14,500,000
$14,000,000
$13,500,000
$13,000,000
$12,500,000
$12,000,000
$11,500,000
$11,000,000
Medical
__$1571 -4,877 $15,326,040
$12,842,531
_.
$4-2,040,361----
_—
$11,537,036
FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018
Adopted
36
Pension Obligation Funding
100.00%
80.00%
81.4
60.00%
40.00%
20.00%
0.00%
FY 2012
Level
66.9
FY 2013 FY 2014 FY 2015 FY 2016
37
Historical Pension Rates
2012
18.04
2013
15.6
2014
18.12
2015
22.23
2016
15.64
(added 5% employee
contribution)
2017
15.81
2018
17.04
2019 17.00
(projection)
9
Children's Services Act
• FY 2017 Adopted Budget: $11,400,770
— FY 2017 Actual Expenditures: $12,250,000
• FY 2018 Adopted Budget: $10,839,036
• Therapeutic Foster Care
• Private Day Schools for special
education purposes
• Local match of 30% for most program
expenses; some 0%
M
Infrastructure
Fleet Replacement $3,000,569 $3,500,000
Technology Capital
Capital Building Maintenance
Paving
1,000,000
672,033
3,500,000
1,500,000
1,500,000
6,000,000
.O
Livability
Personnel $2,418,006 $2,166,527
Operating $606,781 $340,799
Total $3,024,787 $2,507,326
FTE 55 42
Park Maintenance $50,092 $10,009
Urban Forestry $63,401 $11,275
Beautification $50,092 $0
Greenways $0 $38,191
Total $163,585 $59,475
41
Livability
Libraries FY 2008 FY 2018
FTE 50 43
Publications & Subscriptions
Budget
Circulation rate
Hours of Operation per week
Temporary Employee Wages
Branch square footage
$402,048 $375,055
414,209 966,584
348.5 hrs 362.5 hrs
$115,973 $93,647
83,734 105,678
42
Livability
$500,000 Library Publications and Subscriptions
$450,000
$400,000
$350,000
$300,000
$250,000
$200,000 - -_ --
FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17 FY18
— Budget Adopted —YTD Expended
$180,000
Library Utilities
$70,000
Supplies for Library
$160,000
$60,000
Publications
$140,000
$50,000
$120,000
$100,000'.
$40,000
-
$80,000
$30,000
=,
$60,000
$20,000
-
$40,000
$10,000
$20,000
FY08FY09FY10FY11 FY12FY13FY14FY15FY16FY17FY18
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
— Budget Adopted —YTD Expended
— Budget Adopted —YTD Expended 43
Safety
• Police
— Continued growth of technology support (mobile and office - based)
— Recruitment efforts /diversity goals
— Compensation challenges /training/ equipment
— Increase sworn capacity to address specific criminal activity trends
• Fire -EMS
— Increasing demand for emergency medical services requiring
transition of peak -time units to full -time
— Workload in Fire Inspections requiring staffing adjustment
— Unfunded positions result in increased need for overtime
— Additional support positions needed
..
Percent for Art
• Program guidelines provide for 1% of
construction costs for eligible projects (up
to $100,000)
• New construction or major renovation of
public buildings, (including schools),
decorative or commemorative
structures, parks and recreation facilities
and parking facilities.
• Annual funding source: one -time funding
(excess debt service funding)
45
Percent for Art Allocations
2009
$78,096
2010
123,704
2011
34,228
2012
43,000
2013
9,400
2014
89,000
2015
38,900
2016
32,500
2017
21,500
2018
50,400 (5 year future average)
m
Percent for Art
• Clarification of eligible Parks & Recreation facilities
• Shelters and buildings (4 walls and /or a roof)
• Excludes playgrounds and fields
• Annual allocation calculated based on Council
approved use of Master Plan funding for prior year
47
Capital Improvement Program
Debt Issuance Plan FY 2018 -2022
Project
RCPS
Bridge Renovation
Library Master Plan
P &R Master Plan
Civic Center
Stormwater Management
Curb, Gutter and Sidewalk
Street Scapes
Fire Facility Master Plan
FIRE /EMS Airpacks
911 Center
Street Improvements
RCIT Improvements
Passenger Rail
Fleet Capital Replacements
Technology Capital
Total
Debt Seance % of Expenditure Budget
2018 2019 2020 2021 2022 Total
$ 12,700,000 $ 12,700,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 40,400,000
-
-
-
11,000,000
11,000,000
22,000,000
4,156,000
670,000
500,000
5,310,000
2,399,000
13,035,000
2,500,000
2,500,000
1,000,000
1,000,000
1,000,000
8,000,000
1,000,000
1,500,000
1,500,000
1,500,000
1,500,000
7,000,000
2,000,000
2,000,000
2,000,000
2,000,000
2,000,000
10,000,000
1,500,000
1,500,000
1,500,000
1,500,000
1,500,000
7,500,000
-
500,000
500,000
500,000
500,000
2,000,000
375,000
5,025,000
-
-
645,000
6,045,000
1,400,000
-
-
-
-
1,400,000
-
7,500,000
-
-
-
7,500,000
700,000
-
-
-
-
700,000
600,000
900,000
-
-
-
1,500,000
-
-
-
-
2,500,000
2,500,000
3,500,000
1,700,000
1,600,000
600,000
600,000
8,000,000
1,775,000
2,160,000
1,545,000
-
-
5,480,000
$ 32,206,000 $ 38,655,000 $ 15,145,000 $ 28,410,000 $ 28,644,000 $ 143,060,000
7.88% 8.16% 8.67% 8.10% 8.37%
Additional debt service funding required for FY2019 -2020 to fund
current plan
49
CIP Funding Issues
• Projects
— Tinker Creek Greenway /Bridge the Gap
• Revenue sharing
• Use of Parks & Recreation Master Plan funding
— Choice Neighborhoods
• Planning
— Downtown Plan Update (2017)
— Parks and Recreation Master Plan Update (2018)
— City Comprehensive Plan Update (2018 -2019)
• Williamson Road Streetscapes /Street
Improvements
50
5 Year Forecast
Assumption
lPermntage and Time Period
Operating Expenditure Growth
REVENUES
AND EXPENDITURES
% in FY 19 -22
Real Estate Tax Growth
1% - 2% in FY 19 -22
Personal Property Tax Growth
$350.0
Prepared Food and Beverage Tax Growth
1 % in FY 19 -22
II Other Revenue Growth
2% in FY 19 -22
$300.0
z
z
J
cJ_
L
N
$250.0
$200.0
FY2017P
fY2018E
FY2019F
FY2020F
FY2021F
FY2022F
IIIIIIIIIIIIIIIIIIIIIVARIANCE
$-
$-
$(1.2)
$(5.2)
$(11.0)
$(36.5)
VAR BASE
$277.4
$282.8
$288.6
$297.6
$308.4
$319.2
— REVENUE
$277.4
$282.8
$287.5
$292.5
$297.4
$302.7
EXPENDITURES
$277.4
$282.8
$288.6
$297.6
$308.4
$319.2
Assumption
lPermntage and Time Period
Operating Expenditure Growth
1.5 % -2 %in FY 19 -22
Salary Increases
% in FY 19 -22
Real Estate Tax Growth
1% - 2% in FY 19 -22
Personal Property Tax Growth
2% in FY 19 -22
Prepared Food and Beverage Tax Growth
1 % in FY 19 -22
II Other Revenue Growth
2% in FY 19 -22
51
City of Roanoke Priorities
Assure a desirable region where
judicial needs are met and citizens
feel safe in their community.
Safety Economy
Enhance Roanoke's
exceptional vitality as an
attractive, diverse,
culturally inclusive, vibrant
and active city in which to
live, learn, work and play.
Maintain and build quality
infrastructure that supports
healthy residential
neighborhoods, successful
commercial areas, and
accessible public facilities and
amenities.
I
Livability
L
Infrastructure
Cultivate a thriving business
environment and innovative
workforce opportunities to ensure
the prosperity of our community,
recognizing our role in both the
regional and global economies.
Foster an environment for
lifelong learning which
encompasses cradle to
Education career and beyond through
shared services and
community involvement.
I
3ood
Govemment
Provide exceptional, yet cost
Human
Services
competitive govemment
services that are collaborative,
transparent, responsive, and
innovative.
Foster a caring community that utilizes an
equitable, regional, and collaborative approach to
encourage preventative measures, intervention
services, and self - sufficiency while providing a
social safety net for citizens.
52
FY19 Budget Development
Process
• Methodology Choices
— Continuation of reductions methodology — broader
number of services reduced
— Fund
higher priority
services /programs
at a level
to do
them well and
suspend
/eliminate
lower
priority services /programs
— Seek additional revenue sources
53