HomeMy WebLinkAboutCouncil Actions 07-01-19ROANOKE CITY COUNCIL
REGULAR SESSION
JULY 11 2019
2:00 P.M.
CITY COUNCIL CHAMBER
215 CHURCH AVENUE, S. W.
AGENDA
41490- 070119
1. Call to Order - -Roll Call. Council Member Bestpitch was absent.
The Invocation was delivered by The Reverend Steve Hall, Pastor,
Roanoke Valley Bible 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-
This afternoon's Council meeting will be televised live and replayed on RVTV
Channel 3 on Thursday, July 4 at 7:00 p.m., and Saturday, July 6 at 4:00 p.m.;
and video streamed through Facebook Live at facebook.com /RoanokeVa.
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:
Building and Fire Board of Appeals — one vacancy
Economic Development Authority — one vacancy
Fair Housing Board — one vacancy
Human Services Advisory Board — one vacancy
Roanoke Arts Commission — one vacancy
Roanoke Public Library Board — two vacancies
1
Access the City's homepage to complete an online application for the
abovementioned vacancies.
The Mayor's Annual State of the City Address on Thursday, August 29,
2019 at 8:00 a.m., at the Hotel Roanoke and Conference Center, 110
Shenandoah Avenue, N. E.
Accepting nominations for the 2019 Citizen of the Year. Forms are
available online at www. roanokeva.gov /citizenoftheyear, in the City Clerk's
Office or at each City Library branch. Deadline for receipt of nominations
is Wednesday, August 28, 2019.
ORGANIZATIONAL MEETING:
Adoption of the schedule of Roanoke City Council meetings for Fiscal Year
2019-2020.
Adopted Resolution No. 41490 - 070119. (6 -0)
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Presentation of the All-America City Hall of Fame Award.
Shared video clips pertaining to the All-America City Hall of Fame Award as
presented by the National Civic League in Denver, Colarado, June 22 - 24,
2019. Mayor Lea recognized Sheila Umberger, Director of Libraries and
City employees and presented the Award to the Assistant City Manager for
Operations in the City Manager's absence.
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.
Coquina Restrepo, 1118 Winchester Avenue, S. W., appeared before the
Council regarding the lack of bus transportation throughout the City.
4. CONSENT AGENDA:
(APPROVED 6 -0)
All matters listed under the Consent Agenda are considered to be routine by the
Members of City Council and will be enacted by one motion. There will be no
separate discussion of the items. If discussion is desired, the item will be
removed from the Consent Agenda and considered separately.
2
C -1 Minutes of the regular meetings of City Council held on Monday, June 3,
2019 and Monday, June 17, 2019.
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 the City Attorney requesting that Council convene
in a Closed Meeting to consult with legal counsel pertaining to actual litigation,
where such consultation in an open meeting would adversely affect the
negotiating or litigating posture of the public body, pursuant to Section 2.2 -3711
(A)(7), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C -4 A communication from the City Attorney requesting that Council convene
in a Closed Meeting to consult with legal counsel pertaining to probable litigation,
where such consultation in an open meeting would adversely affect the
negotiating or litigating posture of the public body, pursuant to Section 2.2 -3711
(A)(7), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C -5 A communication from the City Clerk advising of the resignations of King
Tower and John Lewis as members of the Roanoke Public Library Board,
effective immediately.
RECOMMENDED ACTION: Accepted the resignations and received and
filed the communication.
C -6 A communication from the City Clerk advising of the resignation of Patrick
Williams as a member of the Building and Fire Code Board of Appeals, effective
immediately.
RECOMMENDED ACTION: Accepted the resignation and received and
filed the communication.
C -7 A communication from the City Clerk advising of the lack of attendance of
Barron Wilson and Cain Turner as members of the Human Services Advisory
Board.
RECOMMENDED ACTION: Received and filed.
C -8 Minutes of the Audit Committee held on Wednesday, March 6, 2019.
RECOMMENDED ACTION: Received and filed.
3
C -9 Reports of qualification of the following individuals:
Lutheria Harrison Smith and Joyce W. Watkins as Trustees of the
Roanoke City School Board, for three -year terms of office, each,
commencing July 1, 2019 and ending June 30, 2022;
Benjamin Bazak and Marianne Gandee as members of the
Roanoke Public Library Board for three -year terms of office, each,
ending June 30, 2022;
Andrew Kohler as a member of the Human Services Advisory
Board for a four -year term of office, commencing December 1,
2019 and ending November 30, 2023;
David Perry as a member of the Mill Mountain Advisory Board for a
three -year term of office ending June 30, 2022;
Chester Smith as a member (Classified Service) of the Personnel
and Employment Practices Commission for a three -year term of
office, commencing July 1, 2019 and ending June 30, 2022; and
Whitney Feldmann as a member of the Mill Mountain Advisory
Board for a three -year term of office ending June 30, 2022.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA:
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS: NONE.
7. REPORTS OF CITY OFFICERS AND COMMENTS OF
CITY MANAGER:
a. CITY MANAGER:
BRIEFINGS:
• Financial Empowerment Update - 10 minutes
Due to late arrival of the City Manager, the Update was presented
prior to Comments by the City Manager.
L,
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance of a Donation of Funds from American National Bank
(formerly Hometown Bank) as Part of the "Beautify Roanoke
Interchanges Through Enhancement."
Adopted Resolution No. 41491 - 070119 and Budget Ordinance
No. 41492-070119. (6 -0)
2. Amendment of the City Code in Order to Update and Clarify the
City's Fire Prevention and Protection Ordinance.
Adopted Ordinance No. 41493 - 070119. (6 -0)
3. Amendment of the City Code and Fee Compendium in Connection
with Adjustments to Administrative Fees Charged for Excessive
Weed and Trash Abatement on Private Property.
Adopted Ordinance No. 41494 - 070119 and Resolution No.
41495 - 070119. (6 -0)
4. Acceptance of a Donation of Artwork from the Dorothy M. Gillespie
Foundation.
Adopted Resolution No. 41496- 070119. (6 -0)
At this point, the City Manager entered the meeting (3:00 p.m.)
5. Approval of Acquisition of Real Property and the
De- appropriation of Humm Kombucha, LLC Commonwealth
Opportunity Fund Grant.
Adopted Ordinance No. 41497 - 070119 and Budget Ordinance
No. 41498 - 070119. (6 -0)
BRIEFINGS:
Financial Empowerment Update - 10 minutes
Remarks received and filed.
COMMENTS OF CITY MANAGER.
The City Manager offered the following comments:
"Fireworks on the Fourth"
• Just a reminder — come out and enjoy the fireworks and fun at
River's Edge Sports Complex South on July 4. Festivities begin at
7 p.m., fireworks start at 9:15 p.m.
• If it rains, the fireworks will be rescheduled for the following day,
July 5, at the same time.
• Street closings and other details are available at roanokeplay.com.
5
Solid Waste Collection
• City offices will be closed on Thursday, July 4, for the
Independence Day holiday.
• This closing will not affect route collections for Monday through
Wednesday.
• However, Thursday's routes for trash, recycling, and bulk will be
collected on Friday.
• For more information, call 853 -2000, option 1
b. CITY ATTORNEY:
1. Readoption and Reenactment of the Code of the City of Roanoke
(1979), as Amended.
Adopted Ordinance No. 41499 - 070119. (6 -0)
8. REPORTS OF COMMITTEES: NONE.
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
a. Correction of Budget Ordinance No. 41484 - 061719, adopted on June 17,
2019, regarding Enterprise Zone Program Budget Activities.
Adopted Budget Ordinance No. 41500 - 070119. (6 -0)
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and /or comments by the Mayor and Members of City Council.
Council Member Osborne announced the Co -op produce store in
downtown Roanoke and Grandin Village accepts SNAP benefits,
offering a $10.00 /double match.
Council Member Davis called attention to the 2019 American National
Bank's Four on the 4th that takes place at 8:00 a.m. on July 4, near
the Wells Fargo Plaza in Downtown Roanoke. The Four on the 4th
Kids Fun Run is a FREE event for kids that begins at 9:00 a.m.,
following the 4- miler.
Vice -Mayor Cobb announced a vigil on July 14, "Roanoke
Remembers: Healing the Wounds of Gun Violence in our
Community" at 5:00 p.m., in the William Fleming High School
Auditorium. Event is open to the public.
A
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council. See below.
12. RECESSED - 2:52 P.M.
The Council meeting declared in recess for a Closed Meeting in the
Council's Conference Room.
At 5:06 p.m., the Council Meeting reconvened in the Council Chamber, with
Mayor Lea presiding, and all Members of the Council in attendance, with
the exception of Council Members Bestpitch and Osborne. Council
Member Osborne left following the Closed Meeting.
CERTIFICATION OF CLOSED MEETING. (5 -0)
REAPPOINTMENTS /APPOINTMENTS TO COUNCIL - APPOINTED
BODIES.
Appointed Amanda McGee as a member of the Board of Zoning Appeals to
fill the unexpired term of office of Robert Clement ending December 31,
2021; and reappointed Antwyne Calloway and Walton Rutherfoord for
three -year terms of office, each, ending December 31, 2022.
Reappointed Corbin Prydwen (Citizen -at- large) as a member of the Building
and Fire Code Board of Appeals for a three -year term of office ending
June 30, 2022.
Appointed Aaron Washington as a member of the Human Services
Advisory Board to fill the unexpired term of office of Barron Wilson ending
November 30, 2020.
Appointed Christopher Carver as a member of the Roanoke Civic Center
Commission to fill the unexpired term of office of Ssunny Shah ending
September 30, 2020.
Appointed Karen Walker to replace Daniel E. Karnes as a Commissioner of
the Roanoke Redevelopment and Housing Authority for a four -year term of
office, commencing September 1, 2019, and ending August 31, 2023.
Appointed Ssunny Shah to replace Bart Wilner, and reappointed Shaleen
Powell, Meg Carter and Renee "Butch" Craft as City representatives of Visit
Virginia's Blue Ridge Board of Directors for one -year terms of office, each,
ending June 30, 2020.
13. ADJOURNED - 5:09 P.M.
7
e��F FA CITY OF ROANOKE
CITY COUNCIL
_ — - 215 Church Avenue, S.W.
Noel C. Taylor Municipal Building, Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
SHERMAN P. LEA, SR. Fax: (540) 853 -1145
Mayor Email: clerk@roanokeva.gov
July 1, 2019
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
Council Members
William D. Bestpitch
Joseph L. Cobb
Michelle L. Davis
Djuna L. Osborne
Anita J. Price
Patricia White -Boyd
This is to advise you that I will not be present at the 2:00 p.m. session of Council on
Monday, July 1, 2019. Best wishes for a successful meeting.
Sincerely,
A - 'h""' /,-*� � - I *z
William D. Best itch
Council Member
W DB /ctw
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The lst day of July, 2019.
No. 41490- 070119.
A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year
commencing July 1, 2019, and terminating June 30, 2020.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. This resolution establishes a schedule of regular meetings for City Council for the
Fiscal Year commencing July 1, 2019, and terminating June 30, 2020.
2. For such fiscal year, City Council shall hold regular meetings on the first and third
Mondays of each month, at the following times of commencement:
(a) Unless otherwise provided by resolution of Council, each regular
meeting on the first Monday in each month shall commence at 9:00 a.m. for the
conduct of informal meetings, work sessions, or closed meetings. Thereafter,
Council shall take up the regular agenda at 2:00 p.m. Council may recess between
the 9:00 a.m. session and the 2:00 p.m. session. The organizational meeting of City
Council on the first meeting in July, 2019, shall commence at 2:00 p.m. and
immediately following, Council shall take up the regular agenda.
(b) Unless otherwise provided by resolution of Council, each regular
meeting on the third Monday in each month shall commence at 2:00 p.m. for the
conduct of regular business. The second meeting of each month shall be recessed
upon the completion of all business except the conduct of public hearings, and such
meeting shall be reconvened at 7:00 p.m. on the same day for the conduct of public
hearings.
3. Roanoke City Council will hold a strategic planning meeting on Monday, July 29,
2019, beginning at 8:30 a.m., at the Melrose Public Library, 2607 Salem Turnpike, N.W., Roanoke,
Virginia 24017.
4. With regard to the regular meetings scheduled to be held on the first Monday of each
month, inasmuch as City officials and Council members will be attending the Virginia Municipal
League Annual Conference to be held on October 6 — 8, 2019, an exception is noted herein and the
regular meeting scheduled to be held on Monday, October 7, 2019, is rescheduled to be held on
Thursday, October 10, 2019, and shall commence at 9:00 a.m.
5. When any regularly scheduled Monday meeting shall fall on a holiday of the City,
such meeting shall be held on Tuesday next following.
6. All regular meetings of City Council shall be held in the Council Chamber, Room
450, of the Noel C. Taylor Municipal Building, unless otherwise provided by resolution of Council,
with the exception of the 9:00 a.m' session of the regular meeting on August 5, 2019, which shall
commence at Fallon Park Elementary School, 502 19th Street, S.E., Roanoke, Virginia 24013
beginning at 9:00 a.m., and after recess, reconvene at Council Chamber.
7. City Council may prescribe a day or time other than that established by this resolution
or a meeting place other than that established by this resolution by adoption of a resolution
establishing a new meeting day, place or time. City Council shall cause a copy of such resolution to
be posted adjacent to the door of the Council Chamber and inserted in a newspaper having general
circulation in the City at least seven days prior to the date of the meeting at such amended day, time
or place.
8. This Resolution shall have no application to special meetings of City Council called
pursuant to Section 10 of the City Charter,
ATTEST:
U4M-Uity Clerk.
SHERMAN P. LEA, SR.
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.W., SUITE 452
ROANOKE, VIRGINIA 24011 -1594
TELEPHONE: (540) 853 -2444
FAX: (540) 853 -1145
EMAIL: MAYOR cdROANOKEVA.GOV
July 1, 2019
The Honorable Vice -Mayor Joseph L. Cobb and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Vice -Mayor Cobb 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,
Sherman P. Lea, Sr.
Mayor
SPL:ctw
COMMITTEE VACANCIES /REAPPOINTMENTS
July 1, 2019
Public
VACANCIES:
Unexpired term of office on the Board of Zoning Appeals ending December 31, 2021.
Unexpired term of office (Engineer representative); and a three -year term of office on the Building
and Fire Code Board of Appeals ending June 30, 2021 and June 30, 2022, respectively.
Term of office on the Economic Development Authority ending October 20, 2023.
Two, Unexpired terms of office on the Human Services Advisory Board ending November 30, 2020
and November 30, 2022, respectively.
Unexpired term of office on the Fair Housing Board ending March 31, 2022.
Term of office on the Roanoke Arts Commission ending June 30, 2022.
Two, Unexpired terms of office on the Roanoke Public Library Board ending June 30, 2020 and
June 30, 2021, respectively.
Unexpired term of office on the Roanoke Civic Center Commission ending September 30, 2020.
Daniel J. Callaghan
City Attorney
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011 -1595
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
TELEPHONE 540- 853 -2431
FAX 540- 853 -1221
EMAIL: cityatty @roanokeva.gov
July 1, 2019
Re: Request for closed meeting
Dear Mayor Lea and Council Members:
Timothy R. Spencer
David L. Collins
Heather P. Ferguson
Laura M. Carini
Douglas P. Barber, Jr.
Assistant City Attorneys
This is to request that City Council convene a closed meeting pursuant to Sec. 2.2- 3711.A.7, Code of Virginia,
to consult with legal counsel and hear briefings by staff members or consultants pertaining to actual litigation,
where such consultation or briefing in open meeting would adversely affect the negotiating or litigating
posture of the public body.
With kindest personal regards, I am
Sincerely yours,
I�
Daniel J. dallaghan a ,
City Attorney
DJC /lsc
c: Robert S. Cowell, Jr., City Manager
Stephanie Moon Reynolds, City Clerk
Daniel J. Callaghan
City Attorney
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011 -1595
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
TELEPHONE 540 - 853 -2431
FAX 540- 853 -1221
EMAIL: cityatty @roanokeva.gov
July 1, 2019
Re: Request for closed meeting
Dear Mayor Lea and Council Members:
Timothy R. Spencer
David L. Collins
Heather P. Ferguson
Laura M. Carini
Douglas P. Barber, Jr.
Assistant City Attorneys
This is to request that City Council convene a closed meeting pursuant to Sec. 2.2- 3711.A.7, Code of Virginia,
to consult with legal counsel and hear briefings by staff members or consultants pertaining to probable
litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or
litigating posture of the public body.
With kindest personal regards, I am
Sincerely yours,
Daniel J. Callaghan
City Attorney
DJC /lsc
c: Robert S. Cowell, Jr., City Manager
Stephanie Moon Reynolds, City Clerk
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerk(a roanokeva.gov
July 2, 2019
King Tower
2424 Cornwallis Avenue, S. E.
Roanoke, Virginia 24014
Dear Mr. Tower:
CECELIA F. MCCOV
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
A communication from the City Clerk advising of your resignation as a member of the
Roanoke Public Library Board was before the Council of the City of Roanoke at a
regular meeting, which was held on Monday, July 1, 2019.
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 Roanoke Public Library
Board from June 6, 2011 to July 1, 2019. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
service.
Sincerely,
k4A__�'
r,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Sheila Umberger, Secretary, Roanoke Public Library Board
CERTIFICATE OF APPRECIATION
PRESENTED TO
King Tower
AS A MEMBER OF THE
ROANOKE PUBLIC LIBRARY BOARD
FROM JUNE 6, 2011
TO J U LY" 1, 2019
ON THIS 2nd DAY OF JULY 2019
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED:
A p /
�� V
SHERMAN 1'. LEA, SR.
MAYOR
ATTISr:
S1-1-T IANIF M. MOON REYNOLDS
CITY CLERK
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
John R. F. Lewis
541 Luck Avenue, S. W.
Suite 304
Roanoke, Virginia 24016
Dear Mr. Lewis:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerkCroanokeva.gov
July 2, 2019
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
A communication from the City Clerk advising of your resignation as a member of the
Roanoke Public Library Board was before the Council of the City of Roanoke at a
regular meeting, which was held on Monday, July 1, 2019.
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 Roanoke Public Library
Board from May 7, 2018 to July 1, 2019. 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 Reynolds, MMC
City Clerk
Enclosure
PC: Sheila Umberger, Secretary, Roanoke Public Library Board
CERTIFICATE OF APPRECIATION
PRESENTED TO
John R. F. Lewis
AS A MEMBER OF THE
ROANOKE PUBLIC LIBRARY BOARD
FROM MAY 7, 201 8
TO JULY I, 2019
ON THIS 2nd DAY OF JULY , 2019
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED:
SHERMAN P. LEA, SR.
MAYOR
FAMENINI
1 Y 1
STEPHANIE M. MOON RED NOLDS
CITY CLERK
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
F- mail•_ rlvrknrnannkvva_anv
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
July 1, 2019
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
This is to advise that King Tower and John Lewis have tendered resignations as
members of the Roanoke Public Library Board, effective immediately.
Sincerely,
iiz� --
Stephanie M
City Clerk
U4,00
Moon Reynolds, KWC
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerkCaroanokeva.gov
July 2, 2019
Patrick J. Williams
AECOM
257 West Genesee Street
Suite 400
Buffalo, New York 14202
Dear Mr. Williams:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
A communication from the City Clerk advising of your resignation as a member of the
Building and Fire Code Board of Appeals was before the Council of the City of Roanoke
at a regular meeting, which was held on Monday, July 1, 2019.
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 Building and Fire Code
Board of Appeals from June 15, 2015 to July 1, 2019. 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 Reynolds, MMC
City Clerk
Enclosure
PC: Donna Payne, Secretary, Building and Fire Code Board of Appeals
CERTIFICATE OF APPRECIATION
PRESENTED TO
Patrick 1. Williams
AS A MEMBER OF THE
BUILDING AND FIRE CODE BOARD OF APPEALS
FROM JUNE 15, 2015
TO J U LY 1, 2019
ON THIS 2ND DAY OF JULY 2019
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED:
SIIERMAN 1'. LEA, SR.
MAYOR
ATTEST:
STEPHANIE M. MOON*REYNOLDS
CITY CLERK
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
F. -mail: clerknrnanokeva_pov
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
July 1, 2019
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
This is to advise that the Patrick Williams has tendered his resignation as a member of
the Building and Fire Code Board of Appeals, effective immediately.
Sincerely,
uj� , �n
• �^ -�
Stephanie M. Moon Reynolds, MC
City Clerk
June 13, 2019
The Honorable Mayor Sherman P. Lea, Sr. and Members of the Roanoke City Council
Roanoke City Building and Planning Commissions
Roanoke, VA
Dear Mayor Lea and Members of Council,
Regretfully, I am writing to notify you of my resignation as Chair and Engineer of the Building and Fire
Code Board of Appeals, effective immediately.
It has been a privilege to have been appointed by Former Mayor David Bowers and other Members of
the Roanoke City Council and to have been of service to my hometown of Roanoke. Having been born
and raised in Roanoke and graduating from Old Dominion University to become a structural engineer,
Roanoke has given to me so much more than I could return. To watch this city grow and prosper into a
beacon of progress has provided me with great pride.
Please accept this letter of resignation and my hope, in return, is that Mayor Lea and Members of City
Council can provide me a letter of reference to use in obtaining a board or commission position similar
to that which I have served in my new location, Rochester, NY.
Yours Truly,
Patrick J. Williams, PE, SE
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerks roanokeva.gov
July 2, 2019
Barron Wilson
2402 Florida Avenue, N. W.
Roanoke, Virginia 24017
Dear Mr. Wilson:
CECELIA F. MCCOY
Deputy- City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
Enclosed is a Certificate of Appreciation and an aerial view photograph of the Roanoke
Valley in recognition of your service.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Human Services Advisory
Board from June 4, 2018 to July 1, 2019.
Sincerely,
h,
t
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Teresa I. McDaniel, Secretary, Human Services Advisory Board
CERTIFICATE OF APPRECIATION
PRESENTED TO
Barron Wilson
AS A MEMBER OF THE
HUMAN SERVICES ADVISORY BOARD
FROM JUNE 4, 2018
TO JULY 1, 2019
ON THIS 2ND DAY OF JULY , 2019
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED:
Z
SHERMAN P. LEA, SR.
MAYOR
ATTEST:
STEPHANIE M. MOON REYNOLDS
CITY CLERK
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
Aaron Cain Turner
1235 Hamilton Terrace
Roanoke, Virginia 24017
Dear Mr. Turner:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerk Cdroanokeva.gov
July 2, 2019
CECELIA F. MCCOY
Depute City Clerk
CECELI.A T. WEBB, CMC
Assistant Deputy City Clerk
Enclosed is a Certificate of Appreciation and an aerial view photograph of the Roanoke
Valley in recognition of your service.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Human Services Advisory
Board from September 4, 2018 to July 1, 2019.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
pc: Teresa I. McDaniel, Secretary, Human Services Advisory Board
CERTIFICATE OF APPRECIATION
PRESENTED TO
Aaron Cain Turner
AS A MEMBER OF THE
HUMAN SERVICES ADVISORY BOARD
FROM SEPTEMBER 4, 2018
TO J U LY 1, 2019
ON THIS 2ND DAY OF JULY . 2019
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED:
SHERMAN P. LI:A, SR.
MAYOR
ATTEST:
STEPHANIE M. MOON REYNOLDS
CITY CLERK
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
July 1, 2019
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
This is to advise of the lack of attendance of Barron Wilson and Cain Turner as
members of the Human Services Advisory Board.
Sincerely,
Step anie M. Moon Reyn s, C
City Clerk
MINUTES
Audit Committee of Roanoke City Council
Location: Council Conference Room
Noel C. Taylor Municipal Building, Room 451 South
Date: March 6, 2019
Time: 4:01 p.m. to 4:46 p.m.
Attendees:
Audit Committee Member Present (Y /N)
Anita Price (Chair) Y
William Bestpitch (Vice- Chair) Y
Michelle Davis (Member) Y
Sherman Lea (Ex- Officio) N
Bob Cowell, City Manager
Sherman Stovall, Assistant City Manager for Operations
Brian Townsend, Assistant City Manager for Community Development
Amelia Merchant, Director of Finance
Dan Callaghan, City Attorney
Drew Harmon, Municipal Auditor
Dawn Hope Mullins, Assistant Municipal Auditor
Cari Spichek, Senior Auditor
Brian Pendleton, Senior Auditor
Emma Coole, Senior Auditor
Margaret Lindsey, Accounting Supervisor
Dorothy Hoskins, Senior Accountant
1. Call to Order:
Ms. Price called the meeting to order at 4:01 p.m.
2. Approval of the Minutes from the December 12th Meeting:
Ms. Price asked if there were any corrections to the minutes. Hearing none, the minutes were received
and filed as written.
March 6, 2019
3. Planning for Audit of June 30, 2019 Financial Reports:
Page 2 of 5
Mr. Harmon informed the Committee that an RFP for audit services was published on 2/20/19, with
proposals due by Friday, March 8th. A selection committee consisting of Mr. Harmon and Ms. Mullins
from the Auditing department, Ms. Lindsey and Ms. Trent from the Department of Finance, and Major
Bell from the Sherriff's Office, will review proposals by Wednesday, March 13. Firm interviews will be
conducted on March 20 in an effort to have a contract signed the week of April 1.
Mr. Harmon asked if there were any questions. Mr. Bestpitch asked who audited the City prior to
Cherry Bekaert being engaged. Mr. Harmon responded that KPMG had audited the City for more than
40 years prior to Cherry Bekaert being given the contract in 2015. Mr. Bestpitch asked if KPMG still
performs government audits. Mr. Harmon noted the local office had closed and that KPMG had no
clients locally, but a notice of RFP was sent to KPMG's Richmond office.
Ms. Price asked about other Virginia firms that might propose. Mr. Harmon responded that Brown
Edwards & Company is a Roanoke -based firm that has clients throughout Virginia and some adjoining
states, and who currently performs the annual audit of Roanoke City Public Schools. Another firm that
typically proposes is Robinson Farmer Cox who has offices in Radford and Blacksburg.
There were no further questions or discussion.
4. Report on Investigation of Alleged Time Abuse:
Mr. Harmon summarized the nature of the allegations, noting that the hotline reporter felt the subjects
named were frequently out of the office and not available when other employees needed them. There
was also a question about compliance with City policies on paid leave. The investigation looked at
work activity between 5/1/18 - 11/15/18. The City's exception based payroll does not require employees
to record time worked, so other data such as email and door entry records had to be utilized, as well as
employee interviews.
The investigation found that the two employees named in the complaint were away from their offices
frequently, which validated one aspect of the reporter's concerns. However, testimony and data
indicated that the employees were working from remote locations, attending meetings and conferences,
and flexing their schedules. The evidence did not support a finding that the city's paid leave policies
were violated.
Steve Martin, Director of Social Services, plans to have exempt employees use the "Out of Office"
function in the City's NLA system to communicate their schedules and availability. This system notifies
the employee's supervisor by email when an "out of office" entry posts, and displays information about
the employee's absence on the department calendar, which can be viewed by all DSS employees. It
also provides a historical record of time out of the office.
Ms. Price asked when the new process will be in place; Mr. Harmon responded that early April is the
targeted time for implementation.
March 6, 2019
Page 3 of 5
Mr. Bestpitch expressed concern about the time required to investigate allegations of this nature. He
feels that issues of this nature would be more appropriate for managers to address. Employees have
email and phones through which they can request direction or consultation. Employees who are not
responsive should be referred to their supervisors.
Ms. Davis commented that she thinks this type of investigation is good, even if concerns are ultimately
not sustained. She felt that the resulting policy changes in this case provides for more transparency
and better communication.
Ms. Price stated that the investigation identified potential loopholes and provided a mechanism to close
those loopholes.
Hearing no further questions, the update was received and filed.
5. Update on Audit Plans / Risk Assessment:
Mr. Harmon briefed the Committee on the status of the current year's audit plan.
Annual assignments:
• Police Cash: Expect to begin no later than April.
• Council Expenditures: Begins in July
• Clerk of the Circuit Court: Auditor of Public Accounts (APA) decides timing, usually March /
April. Roanoke is the only locality in the State that assists with this audit and in return is not
billed by the APA.
• Purchasing Cards: Anticipate performing this audit later in the calendar year.
• Simplified Comparative: Work is ongoing; anticipating June presentation.
• External Audit Coordination: Seeking proposals from firms; planning begins in April.
Preview of Simplified Comparative Report:
Mr. Harmon previewed parts of the Simplified Comparative Report that is under development. The
report will use graphics to convey information, without a lot of narrative. The objective of the report is to
pull together information from disparate sources into one document that provides a more holistic view of
the City. Comparative data from surrounding localities will be included to contrast with the City's data.
Members of the Committee were intrigued by the report and agreed that the information could be
insightful. They asked about timing for the receiving the report. Mr. Harmon responded that he hoped
to present this year's report at the June Audit Committee. In future years, the goal would be to present
the report at the March meeting.
Other audit work that is in progress:
March 6, 2019
Page 4 of 5
• Fire -EMS Operations: This audit focuses on operations, response times, staffing, etc.
Challenges with obtaining data from state agencies and the complexity of Fire EMS operations
has required more audit time than planned. Report will be presented in June.
• Children Services Act: Based on other unplanned work in DSS, this audit will be pushed out
beyond FY 20.
• Economic Development, Building Inspections, and Benefits (HR): These audits will roll over to
the FY20 audit plan.
• Fleet Maintenance: Expect to begin this audit before June 30.
• On- Street Parking and Storm Water: Roll over to FY20 audit plan.
An audit of the School Division's Food Services department is nearly completed. Food services are
provided by Sodexo who passes through all costs to the Division and is paid a management fee on a
per meal basis. This audit has taken more time than planned due to complexity of some cost factors
and time required to obtain explanations from the vendor's corporate offices.
An audit of Career and Technical Education will begin in June. Ms. Davis asked about the objectives of
the Career and Technical Education audit. Mr. Harmon responded that the specific objectives will be
set based on a detailed risk assessment and discussions with management during audit planning.
Other school work completed this year includes a follow up audit on Student Transportation. RCPS is
the only school division in Virginia that outsources transportation, making cost comparisons with other
divisions difficult. Auditing helped write a new request for proposals that will help ensure the vendor
provides the information necessary to enable cost comparisons with other Virginia school divisions.
RCPS received four (4) competitive proposals and is in the process of selecting a vendor.
A follow up audit of School Time and Attendance was completed earlier this year and will be presented
to the school audit committee in March.
Follow up audits of Special Education and Substitutes are expected to be performed this Summer.
Audits of fuel management and fixed route services that were planned for GRTC this fiscal year will
have to roll over to the FY20 audit plan.
The implementation of the new tax and treasury system has been ongoing throughout this fiscal year
and will continue to be the focus of our IS Auditor. A detailed briefing on the project's status will be
presented to the Committee in June.
Other uses of auditing resources include serving on the Information Technology Committee, the
Revenue Committee, and the Lean Committee, as well as providing internal controls training. Hotline
activity this year has also increased the number of hours used for investigations.
March 6, 2019 Page 5 of 5
Hearing no further questions, the update was received and filed.
6. Briefing on Budget for Auditing:
As required by auditing standards, the proposed budget for the Auditing department was reviewed by
the Committee.
Mr. Harmon noted that fees for the annual financial audit are expected to increase to - $150,000. The
increases are due to a combination of factors, including more complex statements and increasing cost
of recruiting and retaining finance professionals. Additionally, the City is classified as "high risk" as
relates to federal grant funds, which requires at least 40% of grant expenditures to be tested versus
20% for localities designated as "low risk."
All authorized auditing positions are currently filled with well - qualified staff who each have one or more
professional certifications.
Mr. Bestpitch asked about the variation from year to year in operating expenditures. Mr. Harmon
responded that specialized training for audit software (ACL) was funded the past two years, but is not
necessary in FY20. A subscription service that provides research and audit programs was canceled
based on having exhausted its usefulness. Some years two laptops need replacing versus one
replacement planned for FY20. While variances at the object level from year to year can be significant,
the budget process constrains growth in operating expenditures as a whole.
Hearing no further questions, the update was received and filed.
7. Other Business:
None
8. Adjournment
Ms. Price reminded attendees that the next meeting will be held on June 5, 2019 and adjourned the
meeting at 4:46 p.m.
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerkCroanokeva.gov
July 2, 2019
Cindy H. Poulton, Clerk
Roanoke City School Board
P. O. Box 13145
Roanoke, Virginia 24031
Dear Ms. Poulton:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
This is to advise you that Lutheria H. Smith and Joyce W. Watkins, have qualified as
Trustees on the Roanoke City School Board for three -year terms of office, each,
commencing July 1, 2019 and ending June 30, 2022.
Sincerely,
Stephanie M.
City Clerk
re). M �, 004"
Moon Re ds, MC
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Lutheria Harrison Smith, 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 Trustee of the Roanoke City School Board, for a term of three -
years, commencing July 1, 2019 and ending June 30, 2022, according to the best of my
ability. (So help me God.)
L HERIA HARRISON SMITH
The foregoing oath of office was to en, sworn to, and subscribed before me by Lutheria
Harrison Smith this day 2019.
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Joyce W. Watkins, 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 Trustee of the Roanoke City School Board, for a term of three -
years, commencing July 1, 201 -9 and ending June 30, 2022, according to the best of my
ability. (So help me God.)
JPYdE W. WATKINS
The foregoing oath of office was taken, sworn to, and subscribed before me by Joyce W.
Watkins this /$ —day of if 2019.
Twenty -Third Judicial Circuit
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerkCq'roanokeva.gov
July 2, 2019
Sheila Umberger, Secretary
Roanoke Public Library Board
Roanoke, Virginia
Dear Ms. Umberger:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
This is to advise you that Benjamin Bazak and Marianne Gandee have qualified as
members of the Roanoke Public Library Board for three -year terms of office, each,
ending June 30, 2022.
Sincerely,
U.
Yom. %REe � �y
Stephanie M. Moon ds, MC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Benjamin Bazak, do solemnly swear that I will support the Constitution of the
United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a member of the Roanoke Public Library Board for a three -year term of office
ending June 30, 2022, according to the best of my ability. (So help me God).
BENJAMIN
The foregoing oath of office was taken, sworn to, and subscribed before me by
Benjamin Bazak this 20 day of _'tune 2019.
Brenda S. Hamilton, Clerk of the Circuit Court
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Marianne Gandee, do solemnly swear that I will support the Constitution of the
United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a member of the Roanoke Public Library Board for a three -year term of office
ending June 30, 2022, according to the best of my ability. (So help me God).
C
MARIANNE GANDEE
The foregoing oath of office Was taken, sworn to, and subscribed before me by
Marianne Gandee this day of 04we__2019.
Brenda S. Hamilton, Clerk of the Circuit Court
By , Clerk
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerkCa roanokeva.gov
July 2, 2019
Teresa McDaniel, Secretary
Human Services Advisory Board
Roanoke, Virginia
Dear Ms. McDaniel:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
This is to advise you that Andrew Kohler has qualified as a member of the Human
Services Advisory Board for a four -year term of office, commencing December 1, 2019,
and ending November 30, 2023.
Sincerely,
4p�' yb. jy� OM • •�,�
Stephanie M. Moon Reynolds, MC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Andrew Kohler, 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 Human Services Advisory Board for a four -year
term of office, commencing December 1, 2019, and ending November 30, 2023
according to the best of my ability. (So help me God.)
ANDFZEWYv0HtER
The foregoing oath of office was taken, sworn to, and subscribed before me by
Andrew Kohler this I L
4-h day of .5uy-.e, 2019.
Brenda S. Hamilton, Clerk of the Circuit Court
By �� 1 , Clerk
STEPHANIE M. MOON REYNOLDS, MMC
Cite Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerkCa roanokeva.gov
July 2, 2019
Michele Vineyard, Secretary
Personnel and Employment Practices Commission
Roanoke, Virginia
Dear Ms. Vineyard:
CECELIA F. MCCOV
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
This is to advise you that Chester Smith has qualified as a member (Classified Service)
of the Personnel and Employment Practices Commission for a three -year term of office,
commencing July 1, 2019 and ending June 30, 2022.
Sincerely,
yy). o
Stephanie M. Moon Re ds, C
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Chester Smith, 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 (Classified Service) of the Personnel and
Employment Practices Commission for a three -year term of office, commencing July 1,
2019, and ending June 30, 2022, according to the best of my ability. (So help me God.)
t� �y,
The foregoing oath of office was taken, sworn to, and subscribed before me by
Chester Smith this _a day of Dt a_0 e- 2019.
Brenda S. Hamilton, Clerk of the Circuit Court
By �' , CI
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerkCa roanokeva.gov
July 2, 2019
Nicole Ashby, Secretary
Mill Mountain Advisory Board
Roanoke, Virginia
Dear Ms. Ashby:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
This is to advise you that David Perry and Whitney Feldman have qualified as members
of the Mill Mountain Advisory Board for three -year terms of office, each, ending June 30,
2022.
Sincerely,
Stephanie M. Moon Reynolds, MC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, David Perry, 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, 2022, according to the best of my ability. (So r eV me God.)
1 B
The foregoing oath of office was taken, sworn to, and subscribed before me by
David Perry this day of 2019.
Brenda S. Hamilton, Clerk of the Circuit Court
�, �C, ! W'
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
1, Whitney Feldmann, 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 1 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, 2022, according to the best of my ability. (So help me
God.)
WHITH Y FELDMANN
The foregoing oath of office was taken, sworn to, and subscribed before me by
Whitney Feldmann this I? day of 2019.
Brenda S. Hamilton, Clerk of the Circuit Court
B , Clerk
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerkCroanokeva.gov
July 2, 2019
Carolyn Kiser, Director of Marketing
American National Bank
202 S. Jefferson Street, S. W.
Roanoke, Virginia 24011
Dear Ms. Kiser:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
I am enclosing copy of Resolution No. 41491 - 070119 accepting a donation of funds
from American National Bank to the City as part of the Beautify Roanoke Interchanges
Through Enhancement (BRITE) Program to assist with the maintenance of the
landscaping for the northbound ramp of 1-581/Route 220 and Franklin Road in the
southeast quadrant of the intersection; authorizing the City Manager to execute any
necessary documents, provide any additional information, and to take any necessary
actions in order to obtain, accept, receive, implement, use, and administer such
donation; and expressing the City's appreciation for such donation.
The abovereferenced
regular meeting held
passage.
Enclosure
PC:
measure was adopted by the Council of the City of Roanoke at a
Dn Monday, July 1, 2019, and is in full force and effect upon its
Sincerely,
%� �_ Y'Irl
Stephanie M. Moon Reynolds, MMC
City Clerk
Daniel J. Callaghan, City Attorney
Sherman Stovall, Assistant City Manager for Operations
Amelia C. Merchant, Director of Finance
Mark Jamison, Transportation Division Manager
Nell Boyle, Sustainability Outreach Coordinator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The lst day of July, 2019.
No. 41491 - 070119.
A RESOLUTION accepting a donation of funds from American National Bank to the
City as part of the Beautify Roanoke Interchanges Through Enhancement (BRITE) Program to
assist with the maintenance of the landscaping for the northbound ramp of I -581 /Route 220 and
Franklin Road in the southeast quadrant of the intersection; authorizing the City Manager to
execute any necessary documents, provide any additional information, and to take any necessary
actions in order to obtain, accept, receive, implement, use, and administer such donation; and
expressing the City's appreciation for such donation.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke hereby accepts the donation from American National Bank
of $10,000 to the City, as more particularly set forth in the City Council Agenda Report dated
July 1, 2019.
2. The City Manager is further authorized to execute any necessary documents, as
approved as to form by the City Attorney, provide any additional information, and to take any
necessary actions in order to obtain, accept, receive, implement, use, and administer such
donation.
3. This Council wishes to express its appreciation and that of the citizens of the City
of Roanoke to American National Bank for its generous donation as part of the BRITE program
to assist the City with the maintenance of the landscaping as described above.
4. The City Clerk is directed to transmit a copy of this Resolution to American
National Bank expressing the City's appreciation for its donation.
ATTEST:
City Cler .
Donation -BRITE Program American National Bank 7.1.19.doc
r�
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The lst day of July, 2019.
No. 41492- 070119.
AN ORDINANCE to appropriate funding from the Virginia Department of
Transportation Funds to the VDOT Comprehensive Roadside project, amending and
reordaining certain sections of the 2019 -2020 Capital Projects Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2019 -2020 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from Third Party
08- 530 - 9841 -9004 $ 10,000
Revenues
Roadside Mgt Prog Cont - LMAR 08- 530 - 9841 -9821 $ 10,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
�r )TJ
City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: July 1, 2019
Subject: BRITE ( "Beautify Roanoke Interchanges Through Enhancement ")
Sponsorship funding from American National Bank
Background:
In 2005, the Virginia Department of Transportation (VDOT) established
comprehensive roadside management regulations that allow local governments,
communities, businesses, and individuals to participate in the improvement and
management of state - maintained roadsides.
Modeled after VDOT's program, the City of Roanoke initiated its BRITE Program
to encourage participation by area businesses and organizations. The BRITE
program focuses on the 1-581/ Route 220 corridor and is administered by the
Transportation Division of Public Works. In January 2014, Hometown Bank
agreed to a Silver Sponsorship for the northbound ramp of 1 -581 /Route 220 and
Franklin Road in the southeast quadrant of the intersection.
Considerations:
The original sponsorship period is up for renewal and Hometown Bank
expressed an interest in participating as a BRITE sponsor for another five years.
Recently, Hometown Bank was acquired by American National Bank, therefore
the sign needs to be updated with the company's new name and logo. The
current BRITE location is fully landscaped and is maintained and seasonally
updated with decorative annuals by city staff.
The $10,000 donation must be accepted by Council and appropriated into a
capital project account (08- 530 -9841 -9821) for expenditure.
Recommended Action:
Accept the donation from American National Bank, adopt the accompanying
budget ordinance to establish a revenue estimate in the amount of $10,000,
and appropriate the same amount into capital account 08- 530 -9841 -9821.
- - - ---- - -- L-- - C-
--
Robert S. Co II Jr.
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
Amelia C. Merchant, Director of Finance
Mark Jamison, Transportation Division Manager
Nell Boyle, Sustainability Outreach Coordinator
F
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of July, 2019.
No. 41493 - 070119.
AN ORDINANCE amending and reordaining Section 12 -3, Technical prevention
division generally, Section 12 -4, Police powers of fire marshal and his assistants, of Article I, In
General; adding a new Section 12 -5, Police powers of fire marshal and his assistants, of Article I,
In General; adding a new Section 12 -6, Right of entry to investigate releases of hazardous
materials, of Article I, In General; amending Section 12 -16, Adoption of Virginia Statewide Fire
Prevention Code, of Article II, Fire Prevention Code; adding a new Section 12 -17, Violations, of
Article II, Fire Prevention Code; renumbering and amending Section 12 -17, Definitions, Section
12 -18, Amendments, Section 12 -19, Enforcement, and Section 12 -20, Recommendations
amendments, of Article II, Fire Prevention Code; of Chapter 12, Fire Prevention and Protection,
of the Code of the City of Roanoke (1979), as amended, for the purpose of updating and
clarifying the City's Fire Prevention and Protection ordinance; providing for an effective date;
and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
Chapter 12, Fire Prevention and Protection, of the Code of the City of Roanoke
(1979), as amended, to read and provide as follows:
Chapter 12. FIRE PREVENTION AND PROTECTION
ARTICLE L IN GENERAL
Sec. 12 -3. Technical prevention division generally.
The fire prevention division of the fire /EMS department, which has
heretofore been established, shall continue to be operated under the supervision of
the chief of the fire /EMS department. It shall be empowered to enforce the City of
Roanoke Fire Prevention Code as adopted and defined in Section 12 -16 of this
Code, including all ordinances of the city dealing with the protection of life and
property from fire and explosion and the safe escape therefrom, and the handling,
storage and use of all dangerous or combustible materials._ As provided in section
27 97 of the Code of Vir-ginia, the minimum standards established shall be tie
less than and shall inelude, but shall not be limited to, r-egulations as pr-eser-ibed b
the ' 009 V Statewide Fife Prevention Code A ..t adopted by the °;t., Such
111V LVVI Y 11 ZulIII -1�
division shall have such other powers and duties as may be conferred or imposed
from time to time by ordinance or by the fire chief or city manager.
Sec. 12 -4. - Authority of fire marshal and his assistants.
(a) The city fire marshal and his assistants shall have the authority to
arrest, to procure and serve warrants of arrest, and to issue summons in the
manner authorized by general law for violation of 10eal -fire prevention and fire
safety laws and related ordinances.
(b) The authority granted in this section shall not be exercised by the
fire marshal or any assistant until such person has satisfactorily completed a
police training course designed specifically for local fire marshals and their
assistants, which course shall be approved by the state ^r-• inal justice sen4ees
eafnfnissien Virginia Fire Services Board.
(c) The authority granted pain this section shall be exec -e se
Vllly YY 11V11 the V 1l llilJl is in seiwing a designated tour of dtity and
shall not be construed to authorize arrythe fire marshal or any assistant to wear or
carry firearms.
Sec. 12 -5. — Police powers of fire marshal and his assistants.
(a) The city fire marshal and his assistants shall have the same police
powers as a law- enforcement officer in the investigation and prosecution of all
offenses involving hazardous materials environmental crimes fires fire
W
bombings, bombings, attempts or threats to commit such offenses, possession and
manufacture of explosive devices, substances and fire bombs.
(b) The authority granted in this section shall not be exercised by the
fire marshal or any assistant until such person has satisfactorily completed a
course for fire marshals with police powers, designed by the Department of Fire
Programs in cooperation with the Department of Criminal Justice Services, which
course shall be approved by the Virginia Fire Services Board.
(c) The authority granted in this section shall continue upon
satisfactory participation in in- service and advanced courses and programs
designed by the Department of Fire Programs in cooperation with the Department
of Criminal Justice Services, which courses shall be approved by the Virginia Fire
Services Board.
Sec. 12 -6. — Right of entry to investigate releases of hazardous materials.
(a) The city fire marshal and his assistants shall have the right to enter
upon any property from which a release of any hazardous material hazardous
waste, or regulated substance, as defined in Sections 10.1 -1400 or 62.1- 44.34:8 of
the Code of Virginia (1950), as amended, has occurred or is reasonably uspected
to have occurred and which has entered into the ground water, surface water or
soils of the city in order to investigate the extent and cause of such release.
(b) If the city fire marshal or his assistants are refused entry, he may
apply for an investigation warrant pursuant to Section 27 -37.1 of the Code of
Virginia (1950), as amended.
ARTICLE II. FIRE PREVENTION CODE
Sec. 12 -16. Adoption of Virginia Statewide Fire Prevention Code.
Pursuant to the provisions of Section 27 -97 of the Code of Virginia
(1950), as amended, the city hereby adopts and incorporates by reference as if
fully set forth herein the Virginia Statewide Fire Prevention Code, as amended
(hereinafter referred to in this chapter as the "Statewide Fire Prevention Code "),
as the same has been promulgated in 2018 by the State Board of Housing and
Community Development. The Statewide Fire Prevention Code, as adopted by
the city, along with any am_endments and regulations promulgated in connection
therewith, shall be known as the "City of Roanoke Fire Prevention Code." All
future editions of the Statewide Fire Prevention Code are hereby adopted and
incorporated in full by reference as if fully set out in length herein, and shall be
controlling within the corporate limits of the city. Pursuant to the provisions of
Section 1 -220 of the Code of Virginia, all future editions and amendments to the
Virginia Uniform Statewide Fire Prevention Code, and the codes, standards, and
component parts referenced therein, are hereby automatically adopted and
incorporated into this city Code.
Sec. 12-17. Violations.
It shall be unlawful for any owner or any other person, firm, or
corporation to violate any provisions of the Statewide Fire Prevention Code, or
the City of Roanoke Fire Prevention Code. Any such violation shall be deemed a
Class 1 misdemeanor, and any owner, or any other person, firm, or corporation
convicted of such violation shall be punished in accordance with the provisions of
Section 18.2 -11 of the Code of Virginia (1950), as amended.
Sec. 12 -4-718. Definitions.
Wherever the words "local government" are used in the Statewide Fire
Prevention Code adopted by the city, it shall mean the city, and wherever the
words, "local governing body" are used in the Statewide Fire Prevention Code, it
shall be held to mean the city council for the city.
Sec. 12- 4-819. Amendments.
The Statewide Fire Prevention Code adopted by the city is hereby
amended as set out in the following paragraphs of this section. Unless indicated to
the contrary, section numbers appearing in this section refer to such numbers as
they appear in the Virginia Statewide Fire Prevention Code adopted by the city.
Section 105.1.4 is added to read as follows.
105.1.4 Fire Official. _The fire official shall be the fire marshal of the fire
prevention division, or the fire effiei ''s assistants.
Section 106.3 -28 is added to read as follows:
1063-.-28 Fire records. _The fire official shall keep a record of all fires and
facts concerning the same, including investigation findings, statistics and
information as to the cause, origin and the extent of such fires and the
damage caused thereby.
Section 107.2 is modified to read as follows:
107.2. Permits required. Operational permits are required by the fire official in
accordance with Table 107.2 except that the fire official shall require permits for
the manufacturing, storage, handling use and sale of explosives. In accordance
with Section 5601.2.3.1 an application for a permit to manufacture store handle
use, or sell explosives shall only be made by a designated individual. The relevant
entries in the City Fee Compendium as adopted by City Council are incorporated
2
by reference as a part of Table 107.2 for the purposes of setting inspection fees for
each required permit.
Section 112. 1.1 is added to read as follows:
112.1.1 Building and fire code board of appeals._ Pursuant to the
Statewide Fire Prevention Code, there is hereby created a building and fire
code board of appeals, which shall consist of nine (9) members who shall
be appointed by city council._ The building and fire code board of appeals
shall have jurisdiction to consider appeals pursuant to the statewide fire
prevention Bede as- themeame is amended ffem time to time by the -state
boar'' fvsponsible for- `he maintenance of the fire eede the Statewide Fire
Prevention Code or the City of Roanoke Fire Prevention Code. The
building and fire code board of appeals described in this section shall
serve as the Local Board of Fire Prevention Code Appeals (LBFPCA, ) as
required by the Statewide Fire Prevention Code.
Seetion 302.1 is added to read
302.1 Gaigipfire. A eamp fire shall not be mefe than two (2) feet by twe
(2) feet by two (2 feet. Weed shall be elean, 45, seasoned fire wood,
Section 307.1.2 -1 is added to read as follows:
307.1.2-1 Prohibited open burning. _No person shall ignite or maintain, or
cause or permit to be ignited or maintained, any open fire on public or
private property outside any building._ Salvage, demolition operations or
disposal of waste materials by burning is prohibited.
Exceptions:
1. Fires may be used for cooking food in an approved device,
provided no smoke violation or other nuisance is created.
2. Salamanders and similar heating devices may be used for heating
by outdoor workers provided no smoke hazard or other nuisance is
created and provided that such devices are used not less than
fifteen (15) feet from any structure.
3. Recreational fires as defined in section 30 1 in accordance with
the restrictions in Section 307.4.2 provided no smoke hazard or
other nuisance is created
4. Camp fires by pefmit.
54_. Open fires may be set in the performance of official duties by the
chief of the Fire -EMS Department or his designee when necessary
for any of the following purposes:
a. For abatement of fire hazard which cannot be abated by
other means.
b. For training in firefighting.
C. In an emergency or other extraordinary circumstances
when open burning is determined by the chief of the Fire -
EMS Department to be in the best interest of the public.
Section 503.7 is modified to read as follows:
503.7 Fire lanes. The fire official shall designate fire lanes on public
streets and on private property where necessary for the purpose of
preventing parking in front of or adjacent to fire hydrants and fire
department connections, to provide a fire apparatus road meeting the
requirements of this section, or as otherwise required for the efficient and
effective operation of fire ap arp atus.
Section 912.2.2 is modified to read as follows:
912.2.2. Fire department connection signage. Fire department
connections shall be indicated by an approved sign mounted on the street
front, on the side of the building, or directly adjacent to a remote,
freestanding fire department connection. Such sign shall be red in color.
The sign shall have approved retroreflective letters with the letters "FDC"
not less than 6 inches high. If the fire department connection is remotely
located, or there are multiple fire department connections serving the same
building, or when required by the fire code official, the sign shall have
approved retroreflective letters no less than 2 inches high indicating the
building or portion thereof served by the fire department connection.
Where the fire department connection is not visible to approaching fire
apparatus, the fire code official may require the installation of an approved
sign mounted on the street front or side of the building. Such sign shall
meet the design criteria outlined in this section with the addition of an
arrow or text indicating the location of the fire department connection.
Section 912.4.1 is modified to read as follows:
912.4.1. Fire department connection locking caps. The fire code official
is authorized to require approved locking caps for existing fire rre department
connections. This authority shall be exercised when the fire code official
has a reasonable belief that the fire department connection or fire
protection system served by the fire department connection may be
damaged or otherwise compromised.
Section 1001.3.1 is modified to read as follows:
1001.3.1. Accozuntabiliby. The fire code official is authorized to require
an assembly or educational occupancy to develop a system to manage the
occupancy capacity of a building or facility. This system, if required,
shall be implemented outside the main entrance and consist of a
mechanism to count persons as they enter and exit without obstructing
egress.
Section 1001. 3.2 is added to read as follows:
1001.3.2. Responsibility operator. The operator or responsible party
for the operation of an assembly or educational occupancy shall check
egress facilities before such building is occupied to determine compliance
with this section. If such inspection reveals that any element of the
required means of egress cannot be accessed, is obstructed, locked,
fastened or otherwise unsuited for immediate utilization, admittance to the
building shall not be permitted until necessary corrective action has been
completed.
Sec. 12 -4-920. Enforcement.
The City Fire Prevention Code shall be enforced by the fire prevention
division of the fire /EMS department, unless otherwise indicated. The chief of the
fire department shall assign such members of the fire /EMS department as
inspectors or other assistants as the chief of the fire department may deem
necessary in administering and enforcing the provisions of such code.
Sec. 12- 2-021. Recommendations as to amendments.
The chief of the fire department shall recommend to the city manager any
amendments to the code adopted by this article which, in his judgment, shall be
desirable.
2. This ordinance shall be in full force and effect upon its passage.
Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
#� . �1
o ..)
City Cler t.
7
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: duly 1, 2019
Subject: Revisions to Chapter 12, Fire Prevention and Protection, of the
Code of the City of Roanoke (1979), as amended
Background:
The Fire Marshal's Office of the Roanoke Fire -EMS Department enforces the City
and Statewide Fire Prevention Codes and investigates all fires that occur within
the City. These authorities are granted via ordinance by City Council in
accordance with the provisions of Title 27 of the Code of Virginia (1950), as
amended. Many of these authorities were last reviewed in 1977 and require
revision and subsequent re- adoption by City Council to maintain consistency
with the relevant provisions of the Code of Virginia.
These proposed revisions also provide for technical adjustment and clarification
of several provisions of the City's Fire Prevention Code, allows the Fire
Marshal's Office to obtain warrants to investigate hazardous materials releases,
and allows the fire marshal to charge violations of the Fire Prevention Code as a
local misdemeanor violation instead of a state misdemeanor violation.
Considerations:
City Council action is needed to adopt these revisions to the City Code and the
City of Roanoke Fire Prevention Code.
Recommended Action:
Adopt the attached ordinance to amend Chapter 12, Fire Prevention and
Protection, of the Code of the City of Roanoke (1979), as amended.
- - - - - -- --------------- - --
Robert S. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
H. David Hoback, Chief of Fire -EMS
David T. Guynn, Fire Marshal
�;2)L
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of July, 2019.
No. 41494 - 070119.
AN ORDINANCE amending and reordaining Section 33 -21 of Article I1, Weed and
Trash Abatement, of Chapter 33, Vegetation and Trash, of the Code of the City of Roanoke
(1979), as amended to make certain adjustments to the administrative fees charged by the City
for the abatement of excessive weeds and trash on private property; providing for an effective
date; and dispensing with the second reading of this Ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 33 -21 of Article II, Weed and Trash Abatement, of Chapter 33,
Vegetation and Trash, of the Code of the City of Roanoke (1979), as amended, is hereby
amended and reordained to read and provide as follows:
Sec. 33 -22. - Accounting for abatement costs.
The city manager, or city manager's designee, shall keep an account of the cost of
abating public nuisances and embody such account in periodic reports with
assessment lists which shall be transmitted to the city clerk at convenient
intervals. The copy retained by the city clerk shall be available for public
inspection. The reports shall refer to each parcel as to which public nuisance was
abated by description sufficient to identify the parcel, and specify and in elude a��
additional administrative fee as specified in seetion 2 178.4 of this Code, to be
assessed ^Rams* the °.., include the following amounts to be assessed a ag inst
the owner of the parcel: (i) the cost of abatement including but not limited to a
minimum of two (2) hours labor as well as other reasonable charges for
equipment, and ntef!est— authorized by this artlee together with an additional
administrative fee in the amount of $100.00 to offset the costs incurred by the
City for monitoring a parcel owner's compliance with applicable code standards
regarding excessive weeds and trash on parcels; (ii) interest authorized by this
article; and (iii) an additional administrative fee as specified in Section 2 -178.4
of this code.
2. This Ordinance shall be in full force and effect upon passage.
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 Cler .
2
I:y
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The lst day of July, 2019.
No. 41495 - 070119.
A RESOLUTION amending the Fee Compendium by clarifying the fee charged by the
City as the Cost of Abatement and Administrative Fee on Public Nuisances as set out below; and
establishing an effective date.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The Fee Compendium of the City, maintained by the Director of Finance and
authorized and approved by City Council by Resolution No. 32412- 032795, adopted March 27,
1995, effective as of that date, as since amended, shall be amended to reflect the following fees:
FEE
CURRENT
NEW AMOUNT
AMOUNT
Fees for the removal and
$100 per
$100 per abatement
abatement of public
abatement
nuisances
An administrative fee is assessed against
each owner who has failed to remove weeds
and trash from their property parcel, and the
City has had to take responsibility for their
removal. This fee reflects the administrative
costs incurred by the City in monitoring
such property parcel, determining whether
the property owner has removed such weeds
and trash, and arranging for the removal of
such weeds and trash from the property.
If the property owner neglects to complete
the abatement of the public nuisance as
required within ten (10) days of mailing of
notice or of posting, city forces may be
directed by the City Manager to complete
the abatement of such public nuisance or the
City Manager may contract for this
abatement on behalf of the City with a
private contractor.
The property owner will also be billed for
the cost of such abatement which will
include, but is not limited to, a minimum of
two (2) hours labor as well as other
reasonable charges for equipment and
interest.
The $100 administrative fee is added to the
cost of such abatement.
An additional administrative fee in the
amount of $150.00, or twenty -five (25)
percent of the collection cost, whichever is
less, is further added to cover the costs of
collection, provided that in no event shall
the fee be less than twenty -five dollars
$25.00
2. Resolution No. 32412 - 032795 is hereby amended to the extent and only to the
extent of any inconsistency with this Resolution.
3. The fees established by this Resolution shall remain in effect until amended by
this Council.
4. This Resolution shall be effective upon passage.
ATTEST:
A&4,U
�N, " r6�
City Clerk.
Pj
4 COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: duly 1, 2019
Subject: Request to Amend and Reordain Section 33 -21 of Article II,
Weed and Trash Abatement, of Chapter 33, Vegetation and
Trash, of the Code of the City of Roanoke (1979), as
amended, to make certain adjustments to the
administrative fees charged by the City for abating weeds
and trash on private property, and to amend the Fee
Compendium
Background:
Section 51 of the Roanoke City Charter authorizes the City to remove
weeds from private property after notice to the owner when such weeds
exceed permissive heights and constitute a public nuisance. The owner of
such parcel is responsible for the costs of abatement, and any unpaid
costs thereafter become a lien on such parcel. Article II, Weed and Trash
Abatement, of Chapter 33, Vegetation and Trash, of the City Code provide
for the regulations governing this authority.
By Ordinance No. 35858 - 051302, adopted by Roanoke City Council on
May 13, 2002, Section 33 -21 of the City Code was amended to change the
administrative fee charged by the City against owners of private parcels tb
abate public nuisances caused by excessive growth of weeds and trash,
from the amount of $100 to the amount permitted by Section 2 -178.4 of
the City Code. Section 2-178.4 of the City Code provides that if collection
proceedings have been commenced by the City against any delinquent
person owing delinquent charges to the city, then in addition to all taxes,
penalties and interest or such other charges due, such persons shall pay
an administrative fee to cover the costs of collection in the amount of
$150.00, or twenty -five (25) percent of the collection cost, whichever is
less, provided that in no event shall the fee be less than twenty -five dollars
($25.00). The portion of the Fee Compendium that lists the administrative
charge for such nuisance abatement references Section 33 -21 of the City
Code; however the Fee Compendium remained unchanged when
Ordinance No. 35858 - 051302 was adopted, and continues to list the
administrative charge for weed and trash abatement in the amount of
$100. This creates an inconsistency between the Fee Compendium and the
City Code.
Considerations:
Section 2 -178.4 of the City Code only permits administrative fees as a
means to offset the charges incurred by the City in collecting such
delinquent amounts. The City recognizes that in addition to the
administrative fees incurred by City staff in collecting delinquent nuisance
abatements fees, significant time and expense is incurred by City staff in
monitoring parcels where excessive weed and trash has accumulated. For
example, City staff has to inspect parcels and issue proper notices to the
owners of such parcels to abate weed and trash nuisances, and
periodically monitor the property owner's compliance with such notices. If
the property owner does not abate the nuisance within the required time,
the City has to arrange with private contractors to abate the nuisances at
the City's expense. Moreover, limiting the administrative fee to the
amount set forth in Section 2.1 -78.4 has the potential to create a cost
incentive for property owners to simply allow the City to dispose of the
weed and trash on their property rather than taking responsibility for such
removal. For these reasons, the City desires to amend the Fee
Compendium, and Section 33 -21 of the City Code, to allow an
administrative fee be assessed against the owner of a parcel where the
City has had to abate a public nuisance in the amount of $100 for staff
time incurred in monitoring a property owner's compliance with weed and
trash code requirements, and an additional administrative fee for the
collection costs in the amount of $150.00, or twenty -five (25) percent of
the collection cost, whichever is less, including interest, provided that in
no event shall the fee be less than twenty -five dollars ($25.00), as allowed
by Section 2-178.4, City Code.
Recommended Action:
Adopt the attached ordinance amending the Fee Compendium and Section
33 -21 of the City Code to allow an administrative charge to be assessed
against the owner of a parcel on which the City has had to abate a public
nuisance in the amount of $100, for staff time incurred in monitoring a
property owner's compliance with code requirements governing weed and
trash removal, together with an additional administrative fee for the
collection costs incurred in the amount of $150.00, or twenty -five (25)
percent of the collection cost, whichever is less, including interest,
provided that no event shall the fee be less than twenty -five dollars
($25.00), al d by Section 2-178.4, City Code.
---------- VZ71 ------
Robert S. Cowell, Jr.
City Manager
2
Distribution: Council Appointed Officers
Evelyn Powers, City Treasurer
R. Brian Townsend, Assistant City Manager for Community
Development
Chris Chittum, Director, Planning Building and Development
Amelia C. Merchant, Director, Department of Finance
Dan Webb, Codes Compliance Administrator
David L. Collins, Assistant City Attorney
3
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerkCaroanokeva.gov
July 2, 2019
Mr. Gary Israel, President
Dorothy M. Gillespie Foundation
101 Gedney Street, Apt. 2B
Nyack, New York 10969
Dear Mr. Israel:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
I am enclosing copy of Resolution No. 41496- 070119 authorizing acceptance of a donation
of artwork titled Color Fall by the Dorothy M. Gillespie Foundation to the City of Roanoke
( "City ") and authorizing execution of any and all necessary documents to accept the
donation.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, July 1, 2019, and is in full force and effect upon its
passage.
Enclosure
PC:
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Daniel J. Callaghan, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Amelia C. Merchant, Director of Finance
Susan Jennings, Arts and Culture Coordinator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of July, 2019.
No. 41496- 070119.
A RESOLUTION authorizing acceptance of a donation of artwork titled Color Fall by the
Dorothy M. Gillespie Foundation to the City of Roanoke ( "City ") and authorizing execution of any
and all necessary documents to accept the donation.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager is hereby authorized on behalf of the City to accept from the
Dorothy M. Gillespie Foundation the donation to the City the artwork created by Dorothy M.
Gillespie, valued at approximately $25,000, as more particularly set forth in the City Council Agenda
Report dated July 1, 2019.
2. The City Manager is hereby authorized to execute for and on behalf of the City any
and all requisite documents pertaining to the City's acceptance of the donation, such documents to be
approved as to form by the City Attorney.
3. This Council wishes to express its appreciation to the Dorothy M. Gillespie
Foundation for its generous donation to the City as described above.
4. The City Clerk is directed to transmit a copy of this Resolution to the Dorothy M.
Gillespie Foundation, expressing the City's appreciation for its donation.
R- donation of art from Dorothy M. Gillespie Foundation (7.1.19)
ATTEST:
� � • � ohs
City Clerk.
CITY COUNCIL AGENDA REPORT
r ,
To: Honorable Mayor and Members of City Council
Meeting: July 1, 2019
Subject: Recommendation of the Roanoke Arts Commission to accept a
donation of artwork from the Dorothy M. Gillespie Foundation
Background:
Mr. Gary Israel, President of the Dorothy M. Gillespie Foundation (DMGF) and
the son of the late artist has loaned several of his mother's artworks to the City
of Roanoke for display in City Libraries. He recently loaned three panels from
her historic 2003 Rockefeller Center Exhibition for the new Melrose Library. He
delivered a large piece that was donated to the (DMGF) by an art collector in
Dallas to see if it could also be displayed in the library. Titled Color Fall, the
work consists of over 60 pieces and measures 16' by 8'. The Arts and Culture
Coordinator asked Mr. Israel if he would consider donating this piece to the City
Collection since it would be very complicated to later remove and he agreed.
The Roanoke Arts Commission voted to recommend that Council accept the
donation of the Gillespie wall hanging on June 18, 2019.
Dorothy Gillespie (1920 -2012) was an American painter and sculptor who
enjoyed an artistic career spanning more than seventy years. Born in Roanoke,
Virginia, Gillespie studied at the Maryland Institute College of Art and the Art
Students League in New York City. During her lifetime, she created, exhibited,
and sold her artwork nationally and internationally. Gillespie was well known as
a painter, sculptor, and installation artist. Her work encompassed many
significant twentieth - century trends in art, including abstract expressionism,
decorative abstraction, site - specific installations, the women's movement, and
art in public spaces. She pioneered joyful new directions for metal sculpture
and is best known for her large- scale, colorfully painted arrangements of cut
aluminum strips that radiate, undulate, or curl like giant arrangements of
ribbon, enchanted towers, or bursting fireworks. Her work can be found all over
the country in both public and private spaces, in the permanent collections of
many museums such as the Guggenheim and Brooklyn Museum in New York
City, in airports and corporate headquarters, on the ballet stage, and as
multiples in museum shops.
Considerations:
The gift from the Dorothy M. Gillespie Foundation is valued at $25,000.
Pursuant to City Code, when the value of a gift, grant, devise or bequest is
more than five thousand dollars ($5,000), acceptance shall be by ordinance or
resolution of the City Council.
Recommended Action:
Accept the recommendation of the Roanoke Arts Commission to accept the
donation of Color Fall by Dorothy Gillespie from Mr. Gary Israel and the Dorothy
M. Gillespie Foundation
---- - - - - -- --- - - - - -- -- --
Robert C well
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager
Amelia Merchant, Director of Finance
Susan Jennings, Arts and Culture Coordinator
CM 19 -0013 3
2
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of July, 2019.
No. 41497 - 070119.
AN ORDINANCE authorizing the City Manager to execute a Reconveyance Agreement
to reconvey the Property that is the subject of the November 21, 2017 Contract for Purchase and
Sale of Real Property (the "Contract ") between the City of Roanoke, Virginia (the "City "), and
Humm Kombucha, LLC ( "Humm "), an Oregon limited liability company, concerning certain real
property located at 1950 Blue Hills Drive, N.E., Roanoke, Virginia 24012, consisting of
approximately 12.042 acres, more or less, together with all improvements thereon, designated as
Official Tax Map No. 7230103 (the "Property "), upon certain terms and conditions; authorizing
the City to accept the payment provided by Humm as provided in the Reconveyance Agreement;
authorizing the acquisition of the Property by the City; authorizing the release and termination of
the Contract, the Promissory Note and the Deed of Trust, as provided in the Reconveyance
Agreement; and authorizing the execution and delivery of a Release and Covenant Not to Sue from
the City to Humm as provided in the Reconveyance Agreement; and 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, the Council of the City of Roanoke adopted Ordinance No. 41012- 112017,
adopted on November 20, 2017, in which Council approved the terms of the Contract between the
City and Humm dated November 21, 2017;
WHEREAS, Humm is the owner in fee simple of the Property, and the Humm is desirous
of reconveying the Property to the City and the City is desirous of acquiring the Property; and
1
WHEREAS, Humm proposes to execute a Reconveyance Agreement in the form of the
Reconveyance Agreement attached to the City Council Agenda Report dated July 1, 2019 (the
"Agenda Report"), in which the City agrees to accept title to the Property, plus an additional
payment of $100,000 paid from Humm to the City as satisfaction of its outstanding obligations
under its agreements with the City, including its obligations under the Contract, the Promissory
Note, and the Deed of Trust, and terminate the COF and the EDA Operation Grant Agreement.
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
Reconveyance Agreement, substantially similar to the Agreement attached to the Agenda Report,
to reconvey the Property that is the subject of the November 21, 2017 Contract between the City
and Humm concerning certain real property located at 1950 Blue Hills Drive, N.E., Roanoke,
Virginia 24012, consisting of approximately 12.042 acres, more or less, together with all
improvements thereon, designated as Official Tax Map No. 7230103, upon certain terms and
conditions.
2. The City Manager is hereby authorized to accept the Payment provided by Humm
as provided in the Reconveyance Agreement.
City.
3. The City Manager is hereby authorized to acquire the Property on behalf of the
4. The City Manager is hereby authorized to release and terminate the Contract, the
Promissory Note and the Deed of Trust, as provided in the Reconveyance Agreement.
5. The City Manager is hereby authorized to execute and deliver a Release and
Covenant Not to Sue from the City to Humm as provided in the Reconveyance Agreement.
I
6. 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 City and Humm pursuant to the Reconveyance Agreement.
7. The form of the documents referred to above and in the Agenda Report are to be
approved by the City Attorney.
8. 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
3
J�
`r
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of July, 2019.
No. 41498 - 070119.
AN ORDINANCE to de- appropriate funding for the Humm Kombucha
Commonwealth's Development Opportunity Fund Grant Performance Agreement project,
and to appropriate funding for the Humm Kombucha payment provided in the
Reconveyance Agreement, amending and reordaining certain sections of the 2019 -2020
Capital Projects Fund Appropriations; and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2019 -2020 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from State Grant Funds 08- 310 - 9230 -9007 ($150,000)
Appropriated from Third Party 08- 530 - 9575 -9004 100,000
Revenues
Humm — COF Grant 08- 310 - 9230 -9230 ($150,000)
Humm payment for reconveyance 08- 530 - 9575 -9575 100,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
y
ity Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: July 1, 2019
Subject: Acquisition of Real Property and the De- appropriation of Humm
Kombucha, LLC Commonwealth Opportunity Fund Grant (COF) and
Return of COF Funding
Background:
The City of Roanoke (City) and Humm Kombucha, LLC (Humm) entered into a Contract
for the Purchase and Sale of Real Property dated November 21, 2017 (Contract), under
which contract Humm would acquire City -Owned real property at 1950 Blue Hills Drive,
N.E., Official Tax Map Number 7230103, (Property) for the sum of $943,400 (Purchase
Price) and construct, equip, and operate a facility for the production of its kombucha
products. A Commonwealth's Development Opportunity Fund grant of $150,000 (COF)
was awarded by the Virginia Economic Development Partnership Authority (VEDP). This
funding was appropriated and transferred to the City of Roanoke Treasurer to be held
in Escrow until such time disbursement was requested by the Economic Development
Authority (EDA) of the City of Roanoke, Virginia (EDA) and granted to Humm upon
meeting certain performance obligations in accordance with the Commonwealth's
Development Opportunity Fund Performance Agreement. The City, EDA, and Humm
also entered into an EDA Operation Grant Agreement under which Humm would receive
grants in the approximate aggregate amount of $155,251 subject to performance of
conditions set forth in the EDA Operation Grant Agreement separate and apart from
the COF grant.
Humm acquired the Property on December 22, 2017, and paid the Purchase Price by
executing and delivering to the City (i) a Promissory Note in the original principal
amount of $943,400, together with interest; and (ii) a Deed of Trust on the Property to
secure the obligations of Humm to the City under the terms of the Promissory Note.
Humm commenced construction activities at the Property by December 31, 2018. In
May 2019, Humm notified the City that, as a result of changes in the market and
production improvements to their Bend Oregon facility Humm determined it no longer
made sense commercially nor was it necessary to construct an east coast operation in
the City of Roanoke. Due to these changes, Humm has requested that the City agree to
accept title to the Property, plus an additional $100,000, as satisfaction of its
outstanding obligations under its agreements with the City, including its obligations
under the Contract, the Promissory Note, and the Deed of Trust, and terminate the COF
and the EDA Operation Grant Agreement. The City and Humm have negotiated a
Reconveyance Agreement, a copy of which proposed agreement is attached to this
Report.
Considerations:
City Council action is necessary to authorize all matters discussed above, namely (1)
the execution, delivery, and performance of the Reconveyance Agreement,
substantially similar to the Reconveyance Agreement attached to this Report; (2) the
acceptance of the payment provided in the Reconveyance Agreement; (3) acquisition of
the Property by the City; (4) release and termination of the Contract, the Promissory
Note, and the Deed of Trust, as provided in the Reconveyance Agreement; (5)
execution and delivery of a Release and Covenant Not To Sue from the City to Humm
as provided in the Reconveyance Agreement; and (6) the de- appropriation of funding
and expenditure to return COF grant funds to the VEDP.
Recommended Actions:
Adopt an ordinance to authorize (i) the execution, delivery, and performance of the
Reconveyance Agreement, substantially similar to the Reconveyance Agreement
attached to this Report; (ii) the acceptance of the payment provided in the
Reconveyance Agreement; (iii) acquisition of the Property by the City; (iv) release and
termination of the Contract, the Promissory Note, and the Deed of Trust, as provided in
the Reconveyance Agreement; and (v) execution and delivery of a Release and
Covenant Not To Sue from the City to Humm as provided in the Reconveyance
Agreement.
Adopt the accompanying Budget Ordinance to (i) appropriate the payment of
$100,000, and (ii) de- appropriate the COF Grant in the amount of $150,000 held in
account 08- 310 - 9230 -9007 and an expenditure for the same amount from the same
account from which the funds are to be returned to the VEDP.
Robert . Cowe I, ,Jr.
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Amelia C. Merchant, Director of Finance
Rob Ledger, Director (Acting) of Economic Development
Sean Adkins, Economic Development Specialist
2
RECONVEYANCE AGREEMENT
This Agreement to reconvey the property that was subject of the November 21,
2017 Contract for Purchase and Sale of Real Estate is made as of this 1 st day of July, 2019,
by and between the City of Roanoke, Virginia, a Virginia municipal corporation ( "City "),
and Humm Kombucha LLC, an Oregon limited liability company qualified to transact
business in the Commonwealth of Virginia ( "Humm ").
PVCITAI,C-
A. The City and Humm entered into a Contract for the Purchase and Sale of
Real Estate dated November 21, 2017 ( "Contract "), pursuant to which Contract the City
agreed to sell, and Humm agreed to purchase, certain real property, together with
improvements thereon, situated at 1950 Blue Hills Drive, Roanoke, Virginia bearing
Official Tax Map No. 7230103, and more particularly described in Exhibit A attached
hereto and made a part hereof ( "Property ") for the sum of $943,400.00 ( "Purchase Price ")
and other consideration, subject to the terms and conditions of the Contract.
B. In accordance with the terms of the Contract, the City agreed to accept a
promissory note in the principal amount of $943,400, payable with interest ( "Promissory
Note "), as payment of the Purchase Price at closing. Humm agreed to secure its obligations
under the Note by granting to the City a first priority deed of trust on the Property ( "Deed
of Trust ").
C. Among the conditions precedent to the sale and transfer of the Property,
Humm requested and received (i) a grant from the Virginia Economic Development
Partnership Authority ( "VEDP ") in the amount of $150,000 through the Commonwealth's
Development Opportunity Fund ( "COF Grant "); and (ii) an operating performance grant
from The Economic Development Authority of the City of Roanoke, Virginia ( "EDA ") in
the amount of approximately $155,251 ( "Operating Performance Grant "). These
conditions were satisfied through the execution and delivery of (i) a Commonwealth's
Development Opportunity Fund Performance Agreement dated November 21, 2017, by
and among the City, Humm, and EDA ( "COF Performance Agreement "); and (ii) a
Performance Agreement Regarding Operation Period Economic Development Grant dated
November 21, 2017, by and among the City, Humm, and EDA ( "EDA Operation Grant
Agreement ").
D. Humm elected to proceed with the acquisition of the Property as of
December 22, 2017, and acquired the Property by special warranty deed from the City
recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia as
Instrument No. 170014181. Humm executed and delivered the Promissory Note and Deed
of Trust; and recorded the Deed of Trust in the Clerk's Office of the Circuit Court of the
City of Roanoke, Virginia as Instrument No. 170014182.
E. Humm commenced construction activities at the Property prior to
December 31, 2018, as required by the Contract.
F. As of July 1, 2019, Humm acknowledges, confirms, and agrees that (i) the
unpaid principal balance of the Promissory Note is $943,400.00; (ii) accrued and unpaid
interest on the Promissory Note is $14,397.20; (iii) total amount due is $957,797.20; and
(iv) interest continues to accrue at the daily rate of $25.85.
G. Humm has requested that the City agree to accept title to the Property, plus
an additional $100,000, as satisfaction of its outstanding obligations under its agreements
with the City, including its obligations under the Contract, the Promissory Note, and the
Deed of Trust.
H. Subject to the terms and conditions of this Agreement, the City is willing to
resolve the outstanding obligations of Humm under its agreements with the City, including,
without limitation, the Contract, the Promissory Note, and the Deed of Trust.
NOW, THEREFORE, based upon the mutual covenants and agreement set forth in
this Agreement including the Recitals above, which Recitals are incorporated herein and
made a part of this Agreement, and for other good and valuable consideration, the receipt
and sufficiency of which is acknowledged by the City and Humm, the City and Humm
agree as follows:
SECTION 1. Transfer of Property, Termination of Agreement.
1.1 Humm agrees to transfer the Property to the City, free and clear of (i) all liens,
encumbrances, easements, and restrictions, other than the Permitted Encumbrances defined
hereinafter; and (ii) all personal property, machinery, equipment, materials, and
improvements thereon except for the construction road, on or before September 30, 2019
( "Closing Date ") by general warranty deed with English Covenants ( "Deed "). Upon
acceptance of the Deed by the City and recording the Deed in the Clerk's Office of the
Circuit Court of the City of Roanoke, Virginia, Humm and the City shall terminate the
Contract, the Deed of Trust, the COF Performance Agreement, and the EDA Operation
Grant Agreement; the Promissory Note shall be deemed paid in full; and Humm, the City,
and EDA shall have no further rights, duties, or obligations under any of the forgoing
agreements. Humm acknowledges and agrees that, upon approval of this Agreement by
Roanoke City Council, the City shall return the proceeds of the COF Grant to VEDP.
1.2 At Closing, the City shall execute and deliver to Humm a release and covenant not
to sue Humm for any liabilities, obligations or damages relating to the Property, the
Contract, or the Promissory Note, in the form attached hereto as Exhibit B.
SECTION 2. PAYMENT TO THE CITY.
Following execution of this Agreement, but not later than ten (10) business days after City
Council authorizes execution of this Agreement, Humm shall pay to the City the sum of
One Hundred Thousand Dollars ($100,000) ( "Payment ") in immediately available funds
of the United States, as consideration for the City to enter into this Agreement. The City
2
shall retain this payment under all circumstances and Humm shall have no right, title,
interest, or benefit of the Payment except as provided in Sections 9, 11 and 12 hereof.
SECTION 3. RIGHT OF ENTRY AND INSPECTION PERIOD.
3.1 City shall have from the date of the execution of this Agreement through and
including August 15, 2019, to complete City's due diligence review of the Property
( "Inspection Period "). The scope of the City's due diligence shall be limited to, as of the
date the Property was conveyed to Humm by the City, any changes to (1) physical
conditions of the Property (including environmental testing) and (2) title to the Property.
Should City determine during such Inspection Period that it is not satisfied with the
physical condition (including environmental testing) of the Property in City's reasonable
discretion, and the City notifies Humm in writing of the condition that is not acceptable
prior to the expiration of the Inspection Period (the "Objection Notice "), Humm shall have
thirty (30) days following receipt of the Objection Notice to remedy the condition to the
reasonable satisfaction of the City (in the event Humm begins to cure the condition set
forth in the Objection Notice within the thirty (30) day period, Humm shall be given
additional time to cure the condition so long as it diligently proceeds to cure the same). In
the event Humm fails to cure the condition set forth in the Objection Notice or notifies the
City in writing that it is unwilling to cure the same, City may terminate this Agreement by
notifying Humm in writing of its election to do so at the earlier of (i) five (5) working days
after Humm has notified the City in writing that it is unwilling to cure the condition set
forth in the Objection Notice or (ii) thirty (30) days following the delivery of the Objection
Notice to Humm unless Humm has started to cure the condition set forth in the Objection
Notice and diligently proceeds to cure the same. In such case, this Agreement shall thereon
be terminated and of no further force and effect and the City shall retain the Payment
pursuant to the terms and conditions set forth in Section 12. City shall provide Humm with
its objections to the title of the Property including without limitation, any easements,
encumbrances, or restrictions of record (including all matters shown on the Plat), prior to
the expiration of the Inspection Period. If the City does not provide an Objection Notice
prior to the expiration of the Inspection Period, the City shall be deemed to have accepted
the physical condition of the Property, subject to Humm's obligation to remove the
materials as provided by Section 5.1.5.
3.2 In connection with City's due diligence review referenced above, Humm hereby
grants to City, its officers, agents, employees, contractors, subcontractors, licensees,
designees, representatives, and consultants, a revocable right to enter on the Property at
any time during the Inspection Period on not less than two (2) working days prior written
notice to Humm, to survey, make test borings, and carry out such other examinations,
exploratory work, or settings as may be necessary or advisable to complete Phase I and
Phase II Environmental Assessments, on the following terms and conditions:
3.2.1 If City exceeds its rights granted under this Section 3, Humm may
immediately revoke this right of entry.
3.2.2 City will require its contractors ( "City Contractors ") to indemnify and
defend Humm from any loss, damage, or claim arising out of City's access to the
3
Property pursuant to this Section 3 for the purpose of making tests, inspections,
studies, and other investigations. Such indemnity obligations hereunder are
conditioned on Humm: (i) promptly notifying City's Contractors in writing of any
claim; (ii) cooperating with City's Contractors in the defense of the claim; and (iii)
granting City's Contractors sole control of defense or settlement of the claim at the
sole cost and expense of City's Contractors. Under no circumstance shall City's
Contractors be obligated to indemnify or defend Humm for or from Humm's own
negligence or willful misconduct (which includes, without limitation, any breach
by Humm of this Agreement), or unlawful act or omission, or any claim resulting
from any of the foregoing.
3.2.3 City shall have the City's Contractors 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 the City' Contractors under this Section 3. The
following policies and coverages are required:
(i) Commercial General Liability. Commercial General Liability
insurance, written on an occurrence basis, shall insure against all
claims, loss, cost, damage, expense or liability from loss of life or
damage or injury to persons or property arising out of City's
Contractors 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 Liability. Broad form Contractual Liability insurance
shall include the indemnification obligation set forth above.
(iii) Workers' Compensation. Workers' Compensation insurance
covering the City's Contractors' statutory obligation under the laws
of the Commonwealth of Virginia and Employer's Liability
insurance shall be maintained for all its employees engaged in work
under this Section 3. Minimum limits of liability for Employer's
Liability shall be $100,000 bodily injury by accident each
occurrence; $500,000 bodily injury by disease (policy limit); and
$100,000 bodily injury by disease (each employee). With respect to
the Workers' Compensation coverage. City's Contractors agree to
use reasonable efforts to obtain a waiver by the insurance company
of rights of subrogation against Humm if the policy does not
expressly permit a waiver of subrogation.
(iv) Automobile Liability. The minimum limit of liability for
Automobile Liability Insurance shall be $1,000,000 combined
single limit applicable to owned or non -owned vehicles used in the
performance of any work under this Section 3 and shall be written
on an occurrence basis.
2
3.2.4 The insurance coverages and amounts set forth above may be met by an
umbrella liability policy following the form of the underlying primary coverage in
a minimum amount of $1,000,000. Should an umbrella liability insurance coverage
policy be used, such coverage shall be accompanied by a certificate of endorsement
stating that it applies to the specific policy numbers indicated for the insurance
providing the coverages required by this Section 3, and it is further agreed that such
statement shall be made a part of the certificate of insurance furnished by City's
Contractors to Humm.
3.3 City, in performing its inspections on the Property pursuant to this Section
3 shall at all times comply with all applicable federal, state, and local laws, rules,
and regulations.
3.4 Upon execution of this Agreement, Humm will provide the City with a
complete copy of its environmental studies of the Property, including the Phase II
ESA, if any, with all attachments and schedules, without cost or charge to the City.
SECTION 4. TITLE.
The City's obligation to acquire the Property is conditioned on the Property being conveyed
by Humm to the City, with general warranty covenants, and free of encumbrances except
for such encumbrances that constitute Permitted Encumbrances. "Permitted
Encumbrances" means and includes only the following:
4.1 Ad valorem real property taxes, stormwater utility fees, and solid waste fees for the
current year, not yet due and payable.
4.2 The conditions set forth in the Deed of Restriction to the Roanoke Centre for
Industry and Technology, as amended, dated February 15, 2012, and recorded in the
Clerk's Office of the Circuit Court for the City of Roanoke, Virginia.
4.3 Any other easements, restrictions, and encumbrances of record as of the date the
Property was conveyed to Humm by the City otherwise designated by City in writing as
being acceptable to City following City's review of the preliminary title report for the
Property and the Plat, and such other diligence as City elects to perform. The restrictive
covenant included in the deed from the City to Humm as set forth hereinafter is not a
Permitted Encumbrance and the City and Humm expressly waive this restriction with
respect to the conveyance of the Property from Humm to the City as contemplated in this
Agreement.
4.3.1 The following restrictive covenant set forth in the deed from the City to
Humm dated December 22, 2017, and recorded in the Clerk's Office of the
Circuit Court of the City of Roanoke, Virginia as Instrument No.
170014181, is not a Permitted Encumbrance:
5
This conveyance of the Property is expressly subject to performance of all
obligations of Grantee as set forth in the Contract, including but not limited
to, (i) the Restrictive Covenants as more particularly defined and described
in Section 18.13 of the Contract; (ii) the remedies available to Grantor in the
event that Grantee fails to perform any such obligations more particularly
described in Section 18.13 of the Contract (iii) and the limitations on transfer
as set forth in Section 18.0 of the Contract which provide, in part, that
Grantee shall not sell, transfer, or otherwise dispose of the Property, any
portion of the Property, or any interest in the Property, other than a deed of
trust or mortgage in connection with the development and construction of
the Project, until the date of Substantial Completion, as defined in the
Contract; and if Grantee 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 and of no force or effect.
4.4 The City acknowledges and agrees that Humm has no obligation to remove, amend
I r alter any easement, restriction, or encumbrance of record. The City's sole remedy is to
accept title subject to such easement, restriction, or encumbrance as a Permitted
Encumbrance or terminate this Agreement. Notwithstanding the foregoing, in the event
the City objects to a title matter not included as a Permitted Encumbrance as set forth
above, the City shall notify Humm in writing of the title objection prior to the expiration
of the Inspection Period (the "Title Notice "). Humm shall have thirty (30) days following
receipt of the Title Notice to remedy the condition to the reasonable satisfaction of the City
(in the event the Humm begins to cure the condition set forth in the Title Notice within the
thirty (30) day period, Humm shall be given additional time to cure the condition so long
as it diligently proceeds to cure the same). In the event Humm fails to cure the condition
set forth in the Title Notice or notifies the City in writing that it is unwilling to cure the
same, City may terminate this Agreement by notifying Humm in writing of its election to
do so at the earlier of (i) five (5) working days after Humm has notified the City in writing
that it is unwilling to cure the condition set forth in the Title Notice or (ii) thirty (30) days
following the delivery of the Title Notice to Humm unless Humm has started to cure the
condition set forth in the Title Notice and is diligently proceeding to cure the same. In the
event the City elects to terminate this Agreement, the Payment will be retained by the City
and applied to the amounts owed under the Promissory Note and neither party shall have
any further rights or obligations under this Agreement. If the City does not provide an Title
Notice prior to the expiration of the Inspection Period, the City shall be deemed to have
accepted all matters of title existing through the end of the Inspection Period.
SECTION 5. CONDITIONS TO CITY'S OBLIGATION TO CLOSE.
5.1 The following are conditions precedent to the City's obligation to acquire the
Property or otherwise to perform any obligations provided for in this Agreement.
5.1.2 The City must be satisfied in its reasonable discretion with the results of its
inspections of the Property set forth in Section 3 and 4 above.
no
5.1.3 Humm must not be in default of Humm's obligations under this Agreement, and
Humm's representations and warranties in this Agreement must remain true and correct as
of the Closing.
5.1.4 Title to the Property will be vested in the City subject only to the Permitted
Encumbrances.
5.1.5 Humm has removed all of its personal property, machinery, equipment, and
materials (other than the materials installed for the temporary construction road) from the
Property.
5.1.6 City Council has authorized the execution, delivery, and performance of this
Agreement.
All of the foregoing conditions are for the benefit of the City, and the City may choose, in
the City's sole discretion, to proceed with the Closing despite having knowledge that one
or more of the above conditions have not been satisfied.
SECTION 6. CONDITIONS TO HUMM'S OBLIGATION TO CLOSE.
As a condition precedent to Humm's obligation to transfer the Property or otherwise to
perform any obligations provided for in this Agreement, the City must not be in material
default of its obligations under this Agreement, and the City's representations and
warranties in this Agreement must remain true and correct as of the Closing. The foregoing
conditions are for the benefit of Humm, and Humm may choose, in Humm's sole
discretion, to proceed with the Closing despite having knowledge that one or more of the
above conditions have not been satisfied.
SECTION 7. CLOSING DATE.
7.1 The Closing of this transaction shall occur on or prior to September 30, 2019, on a
date selected by the City ( "Closing Date ") that is within ten (10) working days after
satisfaction (or waiver by the City) of the conditions set forth in Section 5 above. The City
shall provide Humm with not less than five (5) working days advance written notice of the
Closing Date. The Closing shall occur at a mutually acceptable time (anticipated to be
approximately 10:00 A.M) on the Closing Date in the Office of the City Attorney, or at
such other location and time as shall be approved by the City and Humm.
7.2 Humm may extend the Closing Date to a date not later than December 31, 2019, in
the sole event that Humm is unable to remove all of its personal property, machinery,
equipment, and materials as required pursuant to Section 5.1.5 of this Agreement subject
to the provisions of this Section 7.2.
7.2.1 Humm shall provide written notice to the City on September 16, 2019, on
or before 4:00 p.m., prevailing time in Roanoke, Virginia, that Humm exercises it
right to extend the Closing Date to December 31, 2019. Humm shall also provide
7
the City a deposit in the amount of $25,000 ( "Deposit), by wire transfer in
immediately available funds of the United States of America. The City shall hold
the Deposit in escrow, in a non - interest bearing account with the City Treasurer,
pending the Closing on or before December 31, 2019. In the event that the Closing
occurs on or before December 31, 2019, the City shall return the Deposit to Humm
immediately following recording of the Deed. In the event that the Closing does
not occur for any reason other than default by the City, the City shall (i) retain the
Deposit; (ii) not apply the Deposit to the outstanding amount due from Humm under
the Promissory Note, and (iii) have all of its rights and remedies under the
Contract, the Promissory Note, and Deed of Trust.
7.2.2 Humm shall provide the City with not less than five (5) working days
advance written notice of the Closing Date after Humm satisfies its obligations
under Section 5.1.5 of this Agreement. The Closing shall occur at a mutually
acceptable time (anticipated to be approximately 10:00 A.M) on the Closing Date
in the Office of the City Attorney, or at such other location and time as shall be
approved by the City and Humm.
7.2.3 In the event that Humm elects to extend the Closing Date as provided in this
Section 7.2, Humm shall remain owner of the Property pending the Closing and
shall maintain the Property in accordance with applicable law and this Agreement.
Humm shall remain obligated to deliver the Property to the City in accordance
with the terms of this Agreement.
7.2.4 The City may market the Property for sale, lease or transfer prior to Closing.
SECTION 8. CLOSING DELIVERABLES & MECHANICS.
8.1 Humm's Obligations at Closing. On the Closing Date, Humm shall transfer and
convey the Property to the City by delivering or causing to be delivered to the City the
following:
8. 1.1 The duly executed and acknowledged Deed conveying to the City the
Property in accordance with the provisions of this Agreement;
8.1.2 A mechanic's lien affidavit executed by a representative of Humm, to the
effect that no work has been performed on the Property by Humm 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;
8.1.3 Such evidence and documents including, without limitation, executed
copies of the resolutions by Humm authorizing the execution, delivery, and
performance of the Agreement by Humm and the persons executing the Agreement
are authorized.
8.1.4 A duly executed counterpart of a Closing Statement; and
8.1.5 Any other items required to be delivered pursuant to this Agreement 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.
8.2 City's Obligations at Closing. At the Closing, the City shall acquire the Property
from Humm by accepting the Deed and executing and delivering the Covenant Not to Sue.
8.3 Prorated Expenses. At Closing, real property taxes (if any), storm water utility fees,
and solid waste fees shall be prorated with Humm responsible for all periods prior to
Closing and the City being responsible for all periods thereafter. The settlement of any
such amounts between the City and Humm shall occur at Closing or as soon as reasonably
possible thereafter.
8.4 City's Expenses. The City shall pay for (i) the cost of all the City's investigations
of the Property including but not limited to the City's examination of title; (ii) all attorney's
fees and expenses incurred by legal counsel to the City; (iii) any Grantee's tax and recording
costs required to be paid in connection with the recording of the Deed.
8.5 Humm's Expenses. Humm shall pay (i) the Grantor's tax, if any; and (ii) all
attorney's fees and expenses incurred by legal counsel to Humm, if any.
8.6 Possession. Humm shall deliver exclusive possession of the Property to City on
the Closing Date, subject to the provisions of this Agreement.
SECTION 9. HUMM'S OPTION TO SELL PROPERTY.
Humm shall have the option to sell the Property to any other party prior to the Closing
subject to the following conditions:
9.1 Humm provides written notice to the City of its exercise of this option as least five
(5) working days prior to the Closing. Such written notice identifies the purchaser, the
amount to be paid, and the anticipated closing of such transaction.
9.2 Humm pays to the City the unpaid principal balance of the Promissory Note,
together with all accrued interest thereon, less the amount of the Payment, in immediately
available funds of the United States, at the Closing. Upon receipt of the payment in full of
the Promissory Note, the City will mark the Promissory Note "Paid in Full" and return the
original Promissory Note to Humm, execute and deliver a discharge of the Deed of Trust
in a form for recording in the Clerk's Office of the Circuit Court for the City of Roanoke,
Virginia, and execute and deliver a covenant not to sue Humm in a form reasonably
acceptable to the parties and approved as to form by the City Attorney.
E
9.3 Upon payment in full of the Promissory Note in accordance with this Section 9, the
parties agree that all rights, interests, benefits and obligations of the City, Humm, and EDA
under the Contract, the COF Performance Agreement, and the EDA Operation
Performance Agreement are terminated and of no further force or effect.
SECTION 10. HUMM'S REPRESENTATIONS AND WARRANTIES.
10.1 Humm represents and warrants as of the Execution Date and as of the Closing, to
the City with respect to the Property that:
10.1.1 Title. Humm is the legal and beneficial fee simple titleholder of the
Property and has good, marketable title to the Property, free and clear of all liens,
encumbrances, claims, covenants, conditions, restrictions, easements, rights of
way, options, judgments, or other matters except for such encumbrances that
constitute Permitted Encumbrances.
10.1.2 Condemnation. Humm 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.
10.1.3 Special Taxes. Humm 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.
10.1.4 Hazardous Materials. Humm makes no warranties, covenants, or
representations of any type regarding hazardous materials of any type.
10.1.5 No Leases. There are no leases of or affecting the Property.
10.1.6 No Conflicts. Humm's execution and performance of this
Agreement does not: (i) breach any other agreement to which Humm is a party; or
(ii) violate any law, judgment, or order to which Humm is subject.
10.1.7 No Notice of Violations. Humm has received no notice of any
violation of zoning requirements or other ordinances, rules or regulations with
respect to the Property.
10.1.8 No Litigation. There is no litigation, claim, or arbitration, pending
or, to the knowledge of Humm, threatened, with regard to the Property.
10.1.9 Corporate Authorization. All actions of Humm contemplated under
this Agreement, including the execution and delivery of the Deed and the delivery
of the Payment, have been authorized by the proper and appropriate corporate
actions by Humm. Humm shall provide, at Closing, copies of all corporate actions
taken in connection with the authorization to execute delivery and perform this
10
Agreement, execute and deliver the Deed, and all other action by Humm hereunder.
Humm shall provide appropriate and fully executed incumbency certificates for
each entity.
These representations and warranties above shall all survive the Closing.
SECTION 11. DEFAULT.
In the event that the Closing does not occur by reason of any default by Humm, the City
shall retain the Payment and the Deposit, if applicable, and shall also have the right to
enforce all of its rights under the Contract, the Promissory Note, and the Deed of Trust. In
the event the Closing does not occur by reason of any default by the City, Humm shall
have the right, in its sole discretion, to either (i) demand and receive an immediate return
of the Payment and the Deposit, if applicable, from the City and Humm shall have no
further rights or remedies hereunder; or (ii) demand and seek specific performance and
recover from the City any damages incurred by Humm in the event of a breach by the City.
SECTION 12. FAILURE TO CLOSE BY SEPTEMBER 30, 2019.
In the event that the Closing does not occur by September 30, 2019 because the City elects
to terminate the Agreement in accordance with Sections 3, 4 or 5, the City shall retain the
Payment, and the Contract shall remain in force and effect in accordance with its terms.
The City acknowledges that under such circumstance, Humm will have until December 31,
2019 to satisfy the amount due under the Promissory Note less the amount of the Payment,
paying to the City the unpaid principal balance of the Promissory Note, together with
accrued interest thereon, less the amount of the Payment, in immediately available funds
of the United States.
SECTION 13. LIMITS ON ASSIGNMENT.
This Agreement is not assignable by either party without the express written consent of the
other party.
SECTION 14. 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
Fax No. 540- 853 -2333
11
With a Copy to: City of Roanoke Department of Economic Development
ATTN: Economic Development Director
117 Church Avenue, S.W.
Roanoke, Virginia 24011
Fax No. 540- 853 -1213
If to Humm: Humm Kombucha LLC
ATTN: CEO
20720 NE Brinson Blvd.
Bend, Oregon 97701
With a Copy to: Karli,Sager, Esq.
BraunHagey & Borden LLP
351 California Street, 10th Floor
San Francisco, CA 94104
Notice shall be deemed delivered on the date of personal service, five days after deposit in
the United States mail, or the day after delivery to a nationally recognized overnight
courier.
SECTION 15. TIME. Time is of the essence in the performance of the parties' respective
obligations in this Agreement.
SECTION 16. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the
benefit of and be binding on the parties hereto and their respective successors and permitted
assigns.
SECTION 17. COUNTERPART COPIES. This Agreement may be executed in one or
more counterparts, and all such counterparts so executed shall constitute one Agreement
binding on all of the parties hereto, notwithstanding that all of the parties are not signatories
to the same counterpart.
SECTION 18. CONSTRUCTION. The parties acknowledge that each party and its
counsel have reviewed and revised this Agreement 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 Agreement or any amendments or exhibits hereto.
SECTION 19. SEVERABILITY. If a provision of this Agreement is determined to be
unenforceable in any respect, the enforceability of the provision in any other respect and
of the remaining provisions of this Agreement shall not be impaired.
SECTION 20. AUTHORITY TO SIGN. The persons who have executed this
Agreement on behalf of the parties represent and warrant they are duly authorized to
execute this Agreement on behalf of their respective entity.
12
SECTION 21. NONWAIVER. Each party agrees that any party's waiver or failure to
enforce or require performance of any term or condition of this Agreement or any party's
waiver of any particular breach of this Agreement by any other party extends to that
instance only. Such waiver or failure is not and shall not be a waiver of any of the terms
or conditions of this Agreement or a waiver of any other breaches of the Agreement by any
party and does not bar the non - defaulting party from requiring the defaulting party to
comply with all the terms and conditions of this Agreement and does not bar the non -
defaulting party from asserting any and all rights and /or remedies it has or might have
against the defaulting party under this Agreement or by law.
SECTION 22. 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 23. COMPLIANCE WITH STATE LAW; FOREIGN AND
DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE
COMMONWEALTH OF VIRGINIA. Humm 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 of Virginia as a domestic or foreign business entity
if so required by Title 13.1 or Title 50 or as otherwise required by law. Humm agrees not
to allow its existence to lapse or its certificate of authority or registration to transact
business in the Commonwealth of Virginia, if so required under Title 13.1 or Title 50, to
be revoked or cancelled during the term of this Agreement, and to promptly cure any such
lapse, revocation or cancellation following notice from the City. It shall be a condition of
the City's closing obligations under Section 7 above that Humm not be in breach of this
Section 23.
SECTION 24. FORCE MAJEURE. Neither party shall be in default or otherwise liable
for any delay in or failure of its performance under this Agreement 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.
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.
SECTION 25. ENTIRE AGREEMENT. This Agreement constitutes the entire
agreement of Humm and the City with respect to the transfer of the Property to the City
and supersedes all prior negotiations with respect to the transfer of the Property to the City.
SECTION 26
FORUM SELECTION AND CHOICE OF LAW. By virtue of
entering into this Agreement, the parties agree and submit themselves to a court of
competent jurisdiction, which shall be the Circuit Court or General District Court for City
13
of Roanoke, Virginia, and further agree that 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. Each
party further waives and agrees not to assert in any such action, suit or proceeding, that the
party is not personally subject to the jurisdiction of such courts, that the action, suit or
proceeding, is brought in an inconvenient forum or that the venue of the action, suit or
proceeding, is improper.
SIGNATURE PAGE TO FOLLOW
14
IN WITNESS WHEREOF, Humm and the City have executed this Agreement by their
authorized representatives effective as of the date first above written.
ATTEST:
City Clerk
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE, to -wit:
CITY OF ROANOKE, VIRGINIA
By:
Robert S. Cowell, Jr., City Manager
The foregoing instrument was acknowledged before me this day of July, 2019, 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
SEAL
HUMM KOMBUCHA LLC
an Oregon limited liability company
By its Manager
REMARKABLE LLC
an Oregon limited liability company
By its Manager
J.L.D. ENTERPRISES, INC.
WITNESS /ATTEST: a Pennsylvania corporation
By
Jamie Danek, CEO
to -wit:
The foregoing instrument was acknowledged before me this _day of July, 2019, by Jamie
Danek, CEO of Humm Kombucha LLC, an Oregon Limited Liability Company, for and
on behalf of Humm Kombucha LLC.
My commission expires:
Notary Public
SEAL
15
Approved as to Form: Approved as to Execution:
Assistant City Attorney Assistant City Attorney
Authorized by Ordinance No.
LC
EXHIBIT A
Legal Description Of Real Property
Roanoke Official Tax Map No. 7230103
ALL OF THAT CERTAIN PARCEL OF REAL ESTATE known as New Tract A
(containing 12.042 acres) southern side of Blue Hills Drive, as shown on plat prepared by
Lumsden Associates, P.C. entitled: "Plat Showing the Resubdivision of a 116.048 Acre
Tract, Creating hereon New Tract "A" (12.042 Acres), Tract "B" (7.423 Acres), Tract "F"
(18.437 Acres), "Utility Lot 1" (0.331 Acres), "Utility Lot 2" (0.332 Acres) & Dedicating
3.711 Acres for the Right -of -Way of Blue Hills Drive, and Leaving 73.772 Acres of
Remaining Property of the City of Roanoke, Virginia" dated December 6, 2001, stamped
February 20, 2002, and recorded in the Clerk's Office of the Circuit Court of the City of
Roanoke, Virginia at Map Book 1, Page 2408.
TOGETHER WITH AND SUBJECT TO the perpetual easements through, over and across
the properties partitioned to Anderson Wade Douthat, James Fielding Douthat and Nancy
Goss in Decree of Partition dated November 30, 1982, recorded in Deed Book 1482, page
24, which shall be appurtenant to the titles thereto for the installation, maintenance and
repair of all water lines and fixtures presently existing or reasonably required for the use
and development of said lands.
TOGETHER WITH AND SUBJECT TO all of the rights, interest & privileges contained
in a certain contract of Lease dated December 28, 1939, between Alice Huff Johnson, et.
vir., Lessors, and J. N. Phelps, Lessee, recorded in Roanoke County in Deed Book 276,
page 480 and modified by subsequent Agreement dated June 15, 1945, recorded in Deed
Book 324, page 363, which Agreement was referenced in Decree of Partition recorded in
Deed Book 1482, page 24.
BEING the same property conveyed to Humm by deed from the City of Roanoke dated
December 22, 2017, and recorded in the Office of the Clerk of the Circuit Court of the City
of Roanoke, Virginia as Instrument No. 170014181.
17
EXHIBIT B
RELEASE AND COVENANT NOT TO SUE
In consideration of (i) a payment in the amount of $100,000 from Humm
Kombucha LLC, an Oregon limited liability company ( "Humm "), to the City of Roanoke,
Virginia, a Virginia municipal corporation ( "City "); (ii) conveyance of the real property
identified in Exhibit A attached hereto ( "Property ") by Humm to the City; and (iii)
termination of the COF Performance Agreement and the EDA Operation Grant Agreement
as these terms are described and defined in the Reconveyance Agreement between the City
and Humm dated as of July 1, 2019 ( "Reconveyance Agreement') the City agrees to
release, acquit, covenant not to sue and forever discharge Humm and its affiliated entities,
predecessors, successors and assigns, and their respective current and former officers,
directors, shareholders, employees, agents and representatives (the "Releasees ") from and
against any and all claims, damages, debts, duties, liabilities, obligations, rights, demands,
actions or causes of action howsoever arising, and of any nature whatsoever, past, present
or future, known or unknown, asserted or unasserted, liquidated or unliquidated, joint,
several or otherwise, at law or in equity, which the City now has or hereafter shall or may
have against any of the Releasees through the date of this Release arising out of or related
to the Property or arising out of or related to the Contract, the Promissory Note, and the
Deed of Trust as defined in the Reconveyance Agreement. This Release and Covenant Not
To Sue does not release Humm from any obligations of Humm based solely on the general
warranties given by Humm in the deed conveying the Property to the City.
Witness the following signatures as of the day of 12019.
Exhibit A
Legal Description Of Real Property
Roanoke Official Tax Map No. 7230103
ALL OF THAT CERTAIN PARCEL OF REAL ESTATE known as New Tract A
(containing 12.042 acres) southern side of Blue Hills Drive, as shown on plat prepared by
Lumsden Associates, P.C. entitled: "Plat Showing the Resubdivision of a 116.048 Acre
Tract, Creating hereon New Tract "A" (12.042 Acres), Tract "B" (7.423 Acres), Tract "F"
(18.437 Acres), "Utility Lot 1" (0.331 Acres), "Utility Lot 2" (0.332 Acres) & Dedicating
3.711 Acres for the Right -of -Way of Blue Hills Drive, and Leaving 73.772 Acres of
Remaining Property of the City of Roanoke, Virginia" dated December 6, 2001, stamped
February 20, 2002, and recorded in the Clerk's Office of the Circuit Court of the City of
Roanoke, Virginia at Map Book 1, Page 2408.
TOGETHER WITH AND SUBJECT TO the perpetual easements through, over and across
the properties partitioned to Anderson Wade Douthat, James Fielding Douthat and Nancy
Goss in Decree of Partition dated November 30, 1982, recorded in Deed Book 1482, page
24, which shall be appurtenant to the titles thereto for the installation, maintenance and
repair of all water lines and fixtures presently existing or reasonably required for the use
and development of said lands.
TOGETHER WITH AND SUBJECT TO all of the rights, interest & privileges contained
in a certain contract of Lease dated December 28, 1939, between Alice Huff Johnson, et.
vir., Lessors, and J. N. Phelps, Lessee, recorded in Roanoke County in Deed Book 276,
page 480 and modified by subsequent Agreement dated June 15, 1945, recorded in Deed
Book 324, page 363, which Agreement was referenced in Decree of Partition recorded in
Deed Book 1482, page 24.
BEING the same property conveyed to Humm by deed from the City of Roanoke dated
December 22, 2017, and recorded in the Office of the Clerk of the Circuit Court of the City
of Roanoke, Virginia as Instrument No. 170014181.
19
Financial Empowerment
Center Update
JULY 11 2019
Cities for Financial Empowerment
(CFE)Fund
Mission: "...leverage municipal
engagement to improve the financial
stability of low and moderate income
households by embedding financial
empowerment strategies into local
government infrastructure."
http: / /cfefund.org
Financial Empowerment Center
One -on -One Professional Financial
Counseling for any resident at no additional
COSt
Planning Grant Application
■Submitted Aug. 20, 2018 to CFE Fund
■Application Addressed Strategic Objective of strengthening
individuals, families, and neighborhoods — "Strength from
Within"
■Application referenced two of City Council's seven priorities:
• Cultivate a thriving business environment and innovative workforce opportunities
to ensure the prosperity of our community .
• Foster an environment for cradle to career lifelong learning through shared services
and community involvement.
■Next step in evolution of Bank On Roanoke Valley (BORN)
Advisory Committee
Advisory Committee
■Focused on program structure and fundraising
■Provided suggestions on flexibility of services offered:
■ Financial counseling services available in multiple locations in the City
• Locations include geographic areas within close proximity to the Valley Metro bus
route, public buildings, and partner organization sites
• Provide access to translation services
• Provide counseling services on evenings and weekends
• Provide telephone and digital based counseling services
■Provided feedback for RFP requirements
■Providing feedback for Implementation Plan
RFP Process
■Opening date June 3, 2019
■Respondents required to address the need for flexibility
and availability of services
■Award contingent upon grant funding received
Financial Empowerment Center (FEC)
Funding
■Year 1:
■ $150,000
■Year 2:
■$100,000
■Grant match required
■City to provide Enterprise Administrator (contract manager)
Timeline
Submitted Planning CFE Fund Site Visit
Grant and Kickoff
Aug. 20, 2018 Jan. 8 -9, 2019
Progress Report
Submitted
April 30, 2019
Opening of RFP
June 3, 2019
Submission of
Implementation
Plan
July 30, 2019
Grant Awarded FEC Open
TBD TBD
Questions
0 �
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of July, 2019.
No. 41499 - 070119.
AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as
amended; and dispensing with the second reading of this ordinance by title.
WHEREAS, by Ordinance No. 25043, adopted April 7, 1980, this Council adopted and
enacted a new code for the City of Roanoke entitled the Code of the City of Roanoke (1979)
(hereinafter sometimes referred to as the "City Code ");
WHEREAS, such Code, as amended, contains certain provisions which incorporate by
reference portions of the Code of Virginia (1950), as amended, (hereinafter "State Code ");
WHEREAS, from time to time, certain of these State Code sections which are
incorporated by reference in the City Code have been amended by the General Assembly;
WHEREAS, such amendments are a matter of public record which are set forth in the Acts
of Assembly and supplements and replacement volumes of the State Code; and
WHEREAS, it is the desire of this Council that those provisions of the City Code which
adopt by reference State Code provisions shall be fully consistent with enactments of the most
recent Session of the General Assembly.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The Code of the City of Roanoke (1979), as amended, a copy of which is on file
in the City Clerk's Office, consisting of Chapters 1 through 36.2, each inclusive, is hereby
readopted and reenacted. Such Code amendments heretofore and hereafter adopted shall continue
to be known as the Code of the City of Roanoke (1979), as amended.
2. With respect to sections or provisions of the State Code incorporated by
reference in the City Code, Council recognizes any amendments made to such sections or
provisions of the State Code by the most recent Session of the General Assembly and hereby
expresses the intent and ordains that such amendments to sections or provisions of the State
Code incorporated by reference in the City Code shall be included in the City Code verbatim
as enacted by the most recent Session of the General Assembly.
3. Any reference in the City Code to any section, article or chapter from former
Titles of the State Code shall be deemed and construed to apply to the successor section,
article or chapter of the State Code, comparable sections being set out in Tables of
Comparable Sections for certain Repealed and Revised Titles published in Volume 10.
4. Pursuant to Section 12 of the City Charter, the second reading of this ordinance
by title is hereby dispensed with.
ATTEST:
Ctlh
City Cler .
KAMeasures \Yearly Measures\2019\readopt city code 2019.doe
l` � U
�-� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
J ^. The 1st day of July, 2019.
No. 41500 - 070119.
AN ORDINANCE to transfer funding from the Enterprise Zone loan program, amending
and reordaining certain sections of the 2019 -2020 General Fund Appropriations, and dispensing
with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following sections of
the 2019 -2020 General Fund, Capital Projects, and Grant Fund Appropriations be, and the
same are hereby, amended and reordained to read and provide as follows, in part:
Capital Project Fund
Appropriations
Appropriation from General Revenue
Appropriation from General Revenue
Appropriation from General Revenue
Appropriation from General Revenue
Appropriation from General Revenue
Transfer td° Grant Fund
08-
310 - 9100 -9003
(70,990.00)
08-
310- 9101 -9003
(95, 588.00)
08-
310 - 9103 -9003
(1,464.00)
08- 310- 9104 -9003
(3,145.00)
08-
310 - 9105 -9003
(213,491.00)
08-
530 - 9712 -9535
384,678.00
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
- + - Y, • our,
v
City Clerk
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: derkCroanokeva.gov
July 2, 2019
Amanda McGee
1933 Cambridge Avenue, S. W.
Roanoke, Virginia 24015
Dear Ms. McGee:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
July 1, 2019, you were appointed as a member of the Board of Zoning Appeals to fill the
unexpired term of office of Robert Clement ending December 31, 2021.
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
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 the City of Roanoke as a member of the Board
of Zoning Appeals.
Sincerely,
WL, I ..J Ste hanie M. Moonol s MMC
P Y
City Clerk
Enclosures
PC: Donna Payne, Secretary, Board of Zoning Appeals
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 first day of July 2019, AMANDA MCGEE was
appointed as a member of the Board of Zoning Appeals to fill the unexpired term of
office of Robert Clement ending December 31, 2021.
Given under my hand and the Seal of the City of Roanoke this second day of
July 2019.
" 1
City Clerk
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerkCroanokeva.gov
CECELIA F. MCCOY
Depute City Clerk
July
Jul 2 2019
CECELIA T. WEBB, CMC
Assistant Deputy Cite Clerk
Antwyne Calloway
2535 Vancouver Drive, N. W.
Roanoke, Virginia 24012
Dear Mr. Calloway:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
July 1, 2019, you were reappointed as a member of the Board of Zoning Appeals for a
three -year term of office ending December 31, 2022.
Enclosed you will find a Certificate of your reappointment 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 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 Board of Zoning Appeals.
Sincerely,
rn. ry PJ �
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosures
PC: Donna Payne, Secretary, Board of Zoning Appeals
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 first day of July 2019, ANTWYNE CALLOWAY was
reappointed as a member of the Board of Zoning Appeals for a three -year term of office
ending December 31, 2022.
Given under my hand and the Seal of the City of Roanoke this second day of
July 2019.
A4&"� Z�1. ryt P��
City Clerk
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E-mail: derkC;roanokeva.gov
CECELIA F. MCCOV
Deputy City Clerk
July 2, 2019
CECELIA T.WEBB,CMC
y
Assistant Deputy City- Clerk
Walton Rutherfoord
206 Williamson Road, N. W.
Apartment 304
Roanoke, Virginia 24011
Dear Mr. Rutherfoord:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
July 1, 2019, you were reappointed as a member of the Board of Zoning Appeals for a
three -year term of office ending December 31, 2022.
Enclosed you will find a Certificate of your reappointment 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 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 Board of Zoning Appeals.
Sincerely,
k r
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosures
PC: Donna Payne, Secretary, Board of Zoning Appeals
COMMONWEALTH OF VIRGINIA )
To -wit:
CITY OF ROANOKE )
1, 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 first day of July 2019, WALTON RUTHERFOORD
was reappointed as a member of the Board of Zoning Appeals for a three -year term of
office ending December 31, 2022.
Given under my hand and the Seal of the City of Roanoke this second day of
July 2019.
4W
City Clerk
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerkCa;roanokeva.gov
CECELIA F. MCCOY
Deputy City Clerk
July
Jul 2, 2019
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
Corbin Prydwen
1205 Chapman Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Prydwen:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
July 1, 2019, you were reappointed as a member (Citizen -at- large) of the Building and
Fire Code Board of Appeals for a three -year term of office ending June 30, 2022.
Enclosed you will find a Certificate of your reappointment 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.
Please return one copy of the Oath of Office 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 serving the City of Roanoke as a
representative of the Building and Fire Code Board of Appeals.
Sincerely,
Z11. ryt "'.)
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosures
c: Donna Payne, Secretary, Building and Fire Code Board of Appeals
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 first day of July 2019, CORBIN PRYDWEN was
reappointed as a member (Citizen -at- large) of the Building and Fire Code Board of
Appeals for a three -year term of office ending June 30, 2022.
Given under my hand and the Seal of the City of Roanoke this second day of
July 2019.
t�l - lyt 1)tr�
City Clerk
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerkCaroanokeva.gov
CECELIA F. MCCOY
Deputy City Clerk
July 2, 2019
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
Aaron Washington
112 Oaklawn Avenue, N. E.
Roanoke, Virginia 24012
Dear Mr. Washington:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
July 1, 2019, you were appointed as a member of the Human Services Advisory Board
to fill the unexpired term of office of Barron Wilson ending November 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 Human Services Advisory
Board.
Sincerely, rnt
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosures
pc: Teresa I. McDaniel, Secretary, Human Services 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 first day of July 2019, AARON WASHINGTON was
appointed as a member of the Human Services Advisory Board to fill the unexpired term
of office of Barron Wilson ending November 30, 2020.
Given under my hand and the Seal of the City of Roanoke this second day of
July 2019.
4!
City Clerk
STEPHANIE M. MOON REYNOLDS, MMC
Citv Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerkCaroanokeva.gov
CECELIA F. MCCOY
Deputy City Clerk
July 2 201 9
CECELIA T. WEBB, CMC
y ,
Assistant Deputy City Clerk
Christopher Carver
7676 Franklin Road
Boones Mill, Virginia 24065
Dear Mr. Carver:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
July 1, 2019, you were appointed as a member of the Roanoke Civic Center
Commission to fill the unexpired term of office of Ssunny Shah ending September 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
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 the City of Roanoke as a member of the
Roanoke Civic Center Commission.
Sincerely,
lyt
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosures
pc: June Woodward, Secretary, Roanoke Civic Center 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 first day of July 2019, CHRISTOPHER CARVER was
appointed to fill the unexpired term of office of Ssunny Shah ending September 30,
2020.
Given under my hand and the Seal of the City of Roanoke this second day of
July 2019.
City Clerlx-.)
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerkCq roanokeva.goV
CECELIA F. MCCOY
Deputy City Clerk
July 2, 2019
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
Karen Walker
214 Westside Avenue, N. W.
Roanoke, Virginia 24017
Dear Ms. Walker:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
July 1, 2019, you were appointed to replace Daniel E. Karnes as a Commissioner of the
Roanoke Redevelopment and Housing Authority for a four -year term of office,
commencing September 1, 2019, and ending August 31, 2023.
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.
Please return one copy of the Oath of Office 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
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 to the City of Roanoke as a Commissioner of
the Roanoke Redevelopment and Housing Authority.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosures
c: David Bustamante, Secretary, Roanoke Redevelopment and Housing Authority,
2624 Salem Turnpike, N. W., Roanoke, Virginia 24017, w /application
COMMONWEALTH OF VIRGINIA )
CITY OF ROANOKE )
To -wit:
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 first day of July 2019, KAREN WALKER was
appointed to replace Daniel E. Karnes as a Commissioner of the Roanoke
Redevelopment and Housing Authority for a four -year term of office, commencing
September 1, 2019, and ending August 31, 2023.
Given under my hand and the Seal of the City of Roanoke this second day of
July 2019.
�L I yr
City Clerk
n f•
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: elerkC roanokeva.gov
July 2, 2019
Ssunny Shah
5848 Old Locke Court, S. W.
Roanoke, Virginia 24018
Dear Mr. Shah:
CECELIA F. MCCOY
Deputy Cite Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
July 1, 2019, you were appointed to replace Bart Wilner as a City representative of the Visit
Virginia's Blue Ridge, Board of Directors for a one -year term of office 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.
Please return one copy of the Oath of Office 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 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 City representative of the Visit Virginia's Blue Ridge,
Board of Directors.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosures
PC: Landon C. Howard, President, Visit Virginia's Blue Ridge, 101 Shenandoah Avenue,
N. W., Roanoke, Virginia 24016 -2044
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 first day of July 2019, SSUNNY SHAH was appointed
as a City representative of the Visit Virginia's Blue Ridge, Board of Directors for a one-
year term of office ending June 30, 2020.
Given under my hand and the Seal of the City of Roanoke this second day of
July 2019.
to M�71 ppr �
City Clerk
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerkCiroanokeva.gov
July 2, 2019
Meg Carter
3614 Peakwood Drive, S. W.
Roanoke, Virginia 24014
Dear Ms. Carter:
CECELIA F. MCCOY
Depute City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
July 1, 2019, you were reappointed as a City representative of the Visit Virginia's Blue
Ridge, Board of Directors for a one -year term of office ending June 30, 2020.
Enclosed you will find a certificate of your reappointment 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.
Please return one copy of the Oath of Office 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
for your willingness to continue servin g
Ridge, Board of Directors.
Enclosures
of City Council, I would like to express appreciation
as a City representative of the Visit Virginia's Blue
Sincerely, }'y�
\"
Stephanie M. Moon Reynolds, MMC
City Clerk
PC: Landon C. Howard, President, Visit Virginia's Blue Ridge, 101 Shenandoah Avenue,
N. W., Roanoke, Virginia 24016 -2044
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 first day of July 2019, MEG CARTER was reappointed
as a City representative of the Visit Virginia's Blue Ridge, Board of Directors for a one-
year term of office ending June 30, 2020.
Given under my hand and the Seal of the City of Roanoke this second day of
July 2019.
ol. Mo., ""';
City Cler'It✓
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerkCroanokeva.gov
July 2, 2019
Shaleen Powell
102 Campbell Avenue, S. W.
Apartment 4
Roanoke, Virginia 24011
Dear Ms. Powell:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
July 1, 2019, you were reappointed as a City representative of the Visit Virginia's Blue
Ridge, Board of Directors for a one -year term of office ending June 30, 2020.
Enclosed you will find a certificate of your reappointment 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.
Please return one copy of the Oath of Office 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 serving as a City representative of the Visit Virginia's Blue
Ridge, Board of Directors.
Sincerely,
k 4 °� ��
Stephanie M. Moon eynolds, MMC
City Clerk
Enclosures
PC: Landon C. Howard, President, Visit Virginia's Blue Ridge, 101 Shenandoah Avenue,
N. W., Roanoke, Virginia 24016 -2044
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 first day of July 2019, SHALEEN POWELL was
reappointed as a City representative of the Visit Virginia's Blue Ridge, Board of
Directors for a one -year term of office ending June 30, 2020.
Given under my hand and the Seal of the City of Roanoke this second day of
July 2019.
k ol P��
City Clerk
STEPHANIE M. MOON REYNOLDS, MNIC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerkCroanokeva.gov
July 2, 2019
Renee "Butch" Craft
4729 Glen Ivy Circle, S. W.
Roanoke, Virginia 24015
Dear Ms. Craft:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
July 1, 2019, you were reappointed as a City representative of the Visit Virginia's Blue
Ridge, Board of Directors for a one -year term of office ending June 30, 2020.
Enclosed you will find a certificate of your reappointment 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.
Please return one copy of the Oath of Office 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 serving as a City representative of the Visit Virginia's Blue
Ridge, Board of Directors.
Sincerely,
, ryt
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosures
PC: Landon C. Howard, President, Visit Virginia's Blue Ridge, 101 Shenandoah Avenue,
N. W., Roanoke, Virginia 24016 -2044
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 first day of July 2019, RENEE "BUTCH" CRAFT was
reappointed as a City representative of the Visit Virginia's Blue Ridge, Board of
Directors for a one -year term of office ending June 30, 2020.
Given under my hand and the Seal of the City of Roanoke this second day of
July 2019.
kl�city Clerk