Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutCouncil Actions 11-06-23 PRIDDY
42815-110623
City of Roanoke, Virginia
CITY COUNCIL INFORMAL SESSION
IIMMV November 6, 2023
9:00 AM
ROANOKE City Council Chamber
215 Church Avenue, S.W.
AGENDA
The City of Roanoke is a safe, caring and economically vibrant community in which to
live, learn, work, play and prosper.
A vibrant urban center with strong neighborhoods set amongst the spectacular beauty
of Virginia's Blue Ridge.
NOTICE:
Council meetings will be televised live and replayed on RVTV Channel 3 on Thursdays at
7:00 p.m., and Saturdays from 10:00 a.m. to 5:00 p.m.; and video streamed through
Facebook Live at facebook.com/RoanokeVa. Council meetings are offered with closed
captioning for the deaf or hard of hearing.
CALL TO ORDER - ROLL CALL. Vice-Mayor Cobb and Council Member Priddy
were absent. Roanoke Redevelopment and Housing Authority Commissioners
Garner and Smith were absent.
WELCOME AND OPENING REMARKS.
Mayor Sherman P. Lea, Sr.
Karen Michalski-Karney, Chair
ITEMS FOR DISCUSSION/COMMENTS BY CITY COUNCIL/ROANOKE
REDEVELOPMENT AND HOUSING AUTHORITY:
1. Do the Commissioners visit the housing developments from time to time?
(Mayor Lea)
2. Highlight the activities (Annual Report) that have occurred throughout last
year, and any plans moving forward. (Council Member Moon Reynolds)
3. Update on the acquisition process of the former Ashton Hill or Spanish
Trace site at Peters Creek Road and Shenandoah Avenue, N. W.; and any
additional strategies to aid in City's housing inventory? (Vice-Mayor Cobb and
Council Member Moon Reynolds)
4. Resident concerns in various housing complexes, i.e. trash, security.
(Mayor Lea and Council Member Moon Reynolds)
5. How is Melrose Towers managed? (Mayor Lea)
6. How long is the current waitlist and are there any exceptions for priorities?
(Council Member White-Boyd)
7. Can felons qualify for housing? (Council Member White-Boyd)
RECESS/ADJOURN. 10:09 a.m.
AT 10:26 A.M., THE COUNCIL MEETING RECONVENED TO CONSIDER THE
FOLLOWING ITEMS FOR ACTION:
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.
(4-0, Council Member Moon Reynolds was not present when vote was
recorded.)
A communication from Council Member Patricia White-Boyd, Chair, City Council
Personnel Committee, requesting that Council convene in a Closed Meeting to
discuss a personnel matter, pursuant to Section 2.2-3711 (A)(1), Code of
Virginia (1950), as amended.
(4-0, Council Member Moon Reynolds was not present when vote was
recorded.)
A communication from the City Attorney requesting that Council convene in a
Closed Meeting to consult with legal counsel regarding certain authorities,
boards, commissions and committees appointed by Council, pursuant to
Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended.
(4-0, Council Member Moon Reynolds was not present when vote was
recorded.)
A communication from the City Attorney requesting that Council convene in a
Closed Meeting to consult with legal counsel regarding current litigation,
pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended.
(5-0)
A communication from the City Manager requesting a Closed Meeting to
discuss the possible acquisition of real estate in the Gainsboro area of the City
of Roanoke, where discussion in an open meeting would adversely affect the
bargaining position or negotiating strategy of the public body, pursuant to
Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended.
(5-0)
ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00
P.M. AGENDA.
Council Member Moon Reynolds requested an overview of items 7.1.A.
and 7.1.B. and a representative from the Department of Transportation
present for questions.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL.
NONE.
BRIEFINGS:
Code Amendments (Youth Athletics Review Board, PRAB Codification, Carvins
Cove Commercial Activity) - 30 minutes
THE COUNCIL MEETING WILL STAND IN RECESS FOR A CLOSED MEETING;
AND THEREAFTER RECONVENE AT 2:00 P.M., IN THE COUNCIL CHAMBER,
ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. (10:50 A.M.)
City of Roanoke, Virginia
!, CITY COUNCIL
2:00 PM
ROA N O K E City Council Chamber
215 Church Avenue, S.W.
1. CALL TO ORDER - ROLL CALL. Vice-Mayor Cobb and Council Member White-
Boyd were absent.
The Invocation was delivered by The Reverend Tray Light, Deacon, St. John's
Episcopal Church.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Sherman P. Lea, Sr.
Welcome.
CERTIFICATION OF CLOSED MEETING. (4-0, Council Member Priddy
abstained from the vote.)
ANNOUNCEMENTS:
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Recognition of Veteran Master Sergeant Silverine Vinyard James on the 50th
Anniversary of her retirement from the United States Army on Tuesday, October
31, 2023.
Mayor Lea and Council Member Moon Reynolds recognized and presented
a Key to the City to Veteran Master Sergeant Silverine Vinyard James.
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.
Chris Craft, 1501 Eastgate Avenue, N. E., appeared before the Council and
thanked them for the Lea Youth Basketball League; asked Council to
eliminate the food tax; and commended Dwayne D'Ardenne,
Transportation Manager, and Hong Liu, City Traffic Engineer for their work
and communication.
LaVania Harrell, 905 Peters Creek Road, N. W., appeared before the
Council and requested that the Council declare a day of prayer in the City
of Roanoke.
Troy Eichelberger, 1621 Downing Street, N. W., appeared before the
Council and thanked the Council for their work.
4. CONSENT AGENDA: APPROVED (5-0, AS AMENDED) Council Member Priddy
asked that Items C-2 and C-3 be removed and considered separately.
All matters listed under the Consent Agenda are considered to be routine by the
Members of City Council and will be enacted by one motion. There will be no separate
discussion of the items. If discussion is desired, the item will be removed from the
Consent Agenda and considered separately.
C-1. Minutes of the regular meetings of City Council held on Tuesday, September 5,
2023; Monday, September 18, 2023; Thursday, October 5, 2023; and recessed
session held on Monday, September 25 and Tuesday, September 26, 2023.
RECOMMENDED ACTION: Dispensed with the reading of the minutes and
approved as recorded.
C-2. Request for a Public Hearing to amend the City Charter, Section 10, Meetings
of council generally; and Section 16, Time of holding municipal elections.
(5-0)
RECOMMENDED ACTION: On behalf of the Legislative Committee Chair, I
am requesting that Council schedule a public hearing for November 20,
2023, at 7:00 p.m., or as soon thereafter as the matter may heard to hear
comments of citizens regarding this proposed amendment to the City
Charter.
C-3. A communication from the City Clerk advising of the resignation of Nicole Ross
as a member of the Gun Violence Prevention Commission, effectively October
17, 2023.
(5-0)
RECOMMENDED ACTION: Accepted the resignation and received and
filed the communication.
C-4. A communication from the City Clerk advising of the resignation of Jamaal L.
Jackson as a member of the Roanoke Neighborhood Advocates, effective
immediately.
RECOMMENDED ACTION: Accepted the resignation and received and
filed the communication.
C-5. Reports of qualification of the following individuals:
Brenda Allen as a member of the Architectural Review Board to fill the
unexpired term of office of Lori Baker-Lloyd ending October 1, 2025;
Shane Spradlin as a member of the Towing Advisory Board to replace J. A.
Robertson for a three-year term of office commencing November 1, 2022 and
ending October 31, 2025;
Sue Allen Agresta as a member of the Board of Zoning Appeals to fill the
unexpired term of office of Amanda McGee commencing November 9, 2023
and ending December 31, 2024;
Jaime Mather as a member of the Youth Athletics Review Board for a three-
year term of office commencing January 1, 2024 and ending December 31,
2026; and
Andrew Raduly as a member of the Board of Zoning Appeals for a three-year
term of office commencing January 1, 2024 and ending December 31, 2026.
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:
1. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
A. Acceptance of FY 2023 - 2024 Virginia Department of Transportation
(VDOT) Highway Safety Improvement Program Funds.
Adopted Resolution No. 42815-110623 and Budget Ordinance No.
42816-110623. (5-0)
B. Appropriation of funds from the Virginia Opioid Abatement Authority and
National Opioid Settlement.
Adopted Budget Ordinance No. 42817-110623 (5-0)
C. Acquisition of Real Property Rights for the Greenway Connection to
Riverland Road/Star Trail Parking Lot Improvements.
Adopted Ordinance No. 42818-110623. (5-0)
COMMENTS OF THE CITY MANAGER.
The City Manager announced a partnership among the United Way and
City of Roanoke and highlighted the impact. He also announced a
community event sponsored by the Police Department to be held on
Wednesday, November 8. Council Member Moon Reynolds inquired about
the deer culling program; whereupon, the City Manager advised that the
City reinstated the program and deer would be culled safely.
2. CITY ATTORNEY:
A. Refund of Erroneously Assessed Taxes Previously Paid By Carilion
Patient Transportation, LLC.
Adopted Ordinance No. 42819-110623. (5-0)
8. REPORTS OF COMMITTEES: NONE.
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
1. A resolution designating a Voting Delegate and an Alternate Voting Delegate for
the Annual NLC City Summit Business Meeting to be held on Saturday,
November 18, 2023, in Atlanta, Georgia.
Adopted Resolution No. 42820-110623. (4-0, Council Member Sanchez-
Jones was not present when the vote was recorded.)
11. MOTIONS AND MISCELLANEOUS BUSINESS:
1. Inquiries and/or comments by the Mayor and Members of City Council.
Mayor Lea announced the CIAA event on November 11, at 3:00 p.m., at the
Salem Civic Center and advised that adult tickets were $15.00 and student
tickets were $7.00.
Council Member Priddy advised of the Naturalization Ceremony held at the
Oliver W. Hill Justice Center and asked Council to include information with
regard to U. S. citizenship to the legislative agenda.
2. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
Appointed Betty Whittaker to fill the unexpired term of office of Jamaal
Jackson as a member of the Roanoke Neighborhood Advocates ending
September 30, 2025.
Appointed Sergeant Ray Shanks to replace Deputy Chief David Morris as a
member (law enforcement) of the Towing Advisory Board for a three-year
term of office ending October 31, 2026. Council waived the residency
requirement in this instance.
Appointed Sharon Toliver-Hardy to fill the unexpired term of office of
LaKeevia Sinkford as a member of the Human Services Advisory Board
ending November 30, 2026.
Appointed Council Member Stephanie Moon Reynolds as the Elected
Official representative of the Virginia's first Cities Coalition, Board of
Directors.
ADJOURNED - 3:20 P.M.
i
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue,S.W.,Suite 456
Roanoke,Virginia 24011-1536
Telephone:(540)853-2541
Fax:(540)853-1145
SHERMAN P.LEA,SR. E-mail: clerk@roanokeva.gov Members
Mayor Joseph L.Cobb
Luke W.Priddy
Stephanie Moon Reynolds
Vivian Sanchez-Jones
Peter J.Volosin
Patricia White-Boyd
November 6, 2023
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
This is to advise you that I will not be present at the 9:00 a.m. and 2:00 p.m. sessions of
Roanoke City Council on Monday, November 6, 2023. Best wishes for a successful
meeting.
Sincerely,
C:44(14‘ °71f4"---.
Joseph L. Cobb
Vice-Mayor
JLCJ/ctw
r
Wi.— L.. I
,< Z
= v
z r d
U
r o a � o
o w W W W
C I
Fat" 115 n E r Y >- a ° w
- � � W �$�. o000 o _ o 000am z
rt
.� 4, o F amY
iii g f x
WoE e m a
Y — — — — Z3 L
°m oz .. . a a o!z¢Wz a¢i m m i o 0 0 0 0 ¢
amo�-y u��� - ° � G o 0 0 0 0 " W
m]- z :1c . i §LL o Z z l
ry G w _¢¢u W G G G O - _2
W g w n w 3 2 O y 0 o O _O O " g
0.0 z Z a p O 0-.0-' C i G >X 2 n m e n ¢
a ',4oaa° !ill ms,1,9 m gl a
.,,,,
,,,,,,,
r- , ,
3- , z
C a C g.rtyi `/ /
1 O p> /
it
1 o Oi.Dx x f 'I / t- ��
1
H0
5 _
oar e
f z a.,. h., r//
5 �ffi ;; ',
1. c ,,
�t f
"
Cup s;
s J M
F 1 2 kdR"h.' j
y
3ryy 3/11tlG 42 -
, 1 l ) - —
C1
a o �
e
x F z a) 'pZ. CU m
t
a. O
LO 3r 3MN(,4IsT
iMY 3111NC.VZ G 0 r'
Ashton Hill Development
(1) 86 Townhome type apartment units.
(2) Minimum of eight (8) wheelchair accessible units and two (2) units equipped for audio-
visual impaired.
(3) Units will be energy efficient. Designed to meet VA Housing energy program associated with
Low Income Housing Tax Credits (LIHTC) or U. S. Dept. of Energy and U. S. Environmental
Protection Agency Energy Star Program standards.
(4) Area reserved for future development.
CITY OF ROANOKE
Iv. OFFICE OF THE MAYOR
215 Church Avenue,S.W.,Suite 452
Roanoke,Virginia 24011-1536
Telephone (540)853-2444
Fax (540)853-1145
E-mail: MAYOR@ROANOKEVA.GOV
SHERMAN P.LEA,SR.
Mayor
November 6, 2023
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
November 6, 2023
Public
VACANCIES:
Term of office on the Board of Zoning Appeals ending December 31, 2026; and an unexpired term
of office ending December 31, 2024.
Unexpired term of office on the Building and Fire Board of Appeals ending June 30, 2025.
Terms of office on the Equity and Empowerment Advisory Board ending December 31, 2026.
Unexpired term of office on the Gun Violence Prevention Commission ending March 31, 2024.
Unexpired term of office on the Human Services Advisory Board ending November 30, 2026.
Unexpired term of office on the Parks and Recreation Advisory Board ending March 31, 2025.
Term of office on the Roanoke Civic Center Commission ending September 30, 2026.
Term of office on the Roanoke Neighborhood Advocates ending September 30, 2026.
Term of office on the Roanoke Valley Resource Authority ending December 31, 2027.
Term of office on the Towing Advisory Board (Towing Operator) ending October 31, 2026.
Term of office on the Youth Athletics Review Board ending December 31, 2026.
Terms of office on the Youth Services Citizen Board (Public/Private Agency)ending June 30, 2026.
1
CITY OF ROANOKE
41i CITY COUNCIL
215 Church Avenue,S.W.,Suite 456
Roanoke,Virginia 24011-1536
1 Telephone: (540)853-2541
Fax: (540)853-1145
SHERMAN P.LEA,SR. E-mail: clerk@roanokeva.gov Council Members
Mayor Joseph L.Cobb
Luke W.Priddy
Stephanie Moon Reynolds
Vivian Sanchez-Jones
Peter J.Volosin
Patricia White-Boyd
November 6, 2023
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
I wish to request that Council convene in a closed meeting to discuss a personnel matter,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended.
Sincerely,
Wtz-c:c-;-eu -Ae6t
Patricia White-Boyd, Chair
City Council Personnel Committee
PWB:ctw
ROANOKE CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 6, 2023
Subject: A communication from the City Attorney requesting that Council convene
in a Closed Meeting to consult with legal counsel regarding certain
authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended.
Background:
The City Attorney requests that Council convene in a Closed Meeting to consult with legal
counsel regarding certain authorities, boards, commissions and committees appointed by
Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended.
Recommended Action:
Concur in the request.
'
Timothy Spencer, City Attorney
Distribution:
ROANOKE CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 6, 2023
Subject: A communication from the City Attorney requesting that Council convene
in a Closed Meeting to consult with legal counsel regarding current
litigation, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as
amended.
Background:
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 regarding current litigation, where such
consultation or briefing in open meeting would adversely affect the negotiating or litigating
posture of the public body.
Recommended Action:
Concur in the request.
Timothy Spencer, City Attorney
Distribution:
117741".11,....
„Jail*IMO
ROANOKE CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 6, 2023
Subject: A communication from the City Manager requesting a Closed Meeting to
discuss the possible acquisition of real estate in the Gainsboro area of the
City of Roanoke, where discussion in an open meeting would adversely
affect the bargaining position or negotiating strategy of the public body,
pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended.
Background:
The City Manager requests a Closed Meeting to discuss the possible acquisition of real estate
in the Gainsboro area of the City of Roanoke, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the public body, pursuant to
Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended.
Recommended Action:
Concur in the request.
Bob Cowell, City Manager
Distribution:
4,
0
1 CITY ATTORNEY COUNCIL MEMO
62:2:
CODE AMENDMENT
Nato
Date: November 6, 2023
From: Timothy R. Spencer, City Attorney
To: Mayor Lea, Vice Mayor Cobb and Members of City Council
Re: Proposed City Code Amendments
At the request of the Parks and Recreation Department, the City Attorney's Office has drafted several Code
Amendments. Below is a brief summary of each of the proposed Code Amendments.
Section 35-19 Commercial Activities.
To better utilize Carvins Cove, the Parks and Recreation Department asked that we amend the
code to allow commercial activity in the parking lot at Carvins Cove. Therefore the proposed
language allows such commercial activity when a vendor has a permit and only in the area
designated by the city.
Section 2-307(c) Youth Athletics Review Board
To have better participation on the Youth Athletics Board, the Parks and Recreation
Department asked that we amend the number of appointments to the Board. Therefore, the
proposed change increases the number of members from five to seven.
Parks and Recreation Advisory Board
City Council asked that we codify the Parks and Recreation Advisory Board ("PRAB").
Working with the Parks and Recreation Department and the City Manager's Office we drafted
the proposed code amendment. This proposed code amendment adds the PRAB to the City
Code and better defines the purpose and role of the PRAB.
A copy of the proposed ordinances amending the City Code are attached to this memo. If City Council has
no concerns, this matter will be placed on City Council's November 20, 2023, agenda for consideration and
adoption.
VC-1
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE amending and reordaining Chapter 35 — Water, Arcticle II, Carvins
Cove Natural Reserve, Section 35-19 Commercial Activities, Code of the City of Roanoke(1979),
as amended; providing for an effective date; and dispensing with the second reading of this
ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Chapter 35 —Water, Arcticle II, Carvins Cove Natural Reserve, Section 35-19
Commercial Activities, as amended, is hereby amended and reordained to read and provide as
follows:
* * *
Sec. 35-19. - Commercial activities.
No person shall engage in any commercial (for profit) activity within the Carvins Cove Natural
Reserve,without a permit and such activity must only take place in the parking lots or other
areas designated by the city.
* * *
2. This Ordinance shall be in full force and effect upon its passage.
3. Pursuant to Section 12,Roanoke City Charter, the second reading of this ordinance
by title is hereby dispensed with.
ATTEST:
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE amending and reordaining Chapter 2, Administration, Article XIV,
Authorities,Boards, Commissions and Committees Generally, Division 2,Permanent Committees
and Boards, Section 2-307(c)Youth Athletics Review Board,Code of the City of Roanoke(1979)
as amended; and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Chapter 2, Administration, Article XIV, Authorities, Boards, Commissions and
Committees Generally, Division 2, Permanent Committees and Boards, Section 2-307 (c) Youth
Athletics Review Board, Code of the City of Roanoke (1979) as amended, are hereby amended
and reordained to read and provide as follows:
* * *
Section 2-307. Youth Athletics Review Board
(c) Appointment and terms of members. Members of the youth athletics review board shall
be comprised of five (5) seven (7) voting members. The five (5)seven (7) members
shall be appointed by city council with two (2) members appointed based upon the
recommendation of the city manager. After the initial term of appointment, if
reappointed, the term shall be a three-year term.
* * *
2. Pursuant to Section 12 of the Roanoke City Charter,the second reading by title
of this ordinance is hereby dispensed with.
ATTEST:
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE amending and reordaining, Division 2 Permanent Committees and
Boards of Article XIV Authorities, Boards, Commissions and Committees Generally, Chapter 2,
Administration, Code of the City of Roanoke (1979), as amended, amending Section 2-297 and
adding new Section 2-308, Parks and Recreation Advisory Board;providing for an effective date;
and dispensing with the second reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The Code of the City of Roanoke, Virginia(1979), as amended, is hereby amended
and reordained to amend Section 2-297, Parks and Recreation Advisory Board, Division 2
Permanent Committees and Boards, of Article XIV Authorities, Boards, Commissions and
Committees Generally, Chapter 2, Administration, Code of the City of Roanoke (1979), as
amended, to read and provide as follows:
* * *
Sec. 2-297 Established.
There are hereby established the following permanent committees and boards of the council:
(1) Audit committee.
(2) Personnel committee.
(3) Legislative committee.
(4) Equity and empowerment advisory board.
(5) Gun violence prevention commission.
(6) Youth athletics review board.
(7) Parks and recreation advisory board.
* * *
2. The Code of the City of Roanoke,Virginia(1979), as amended, is hereby amended
and reordained to add Section 2-308,Parks and Recreation Advisory Board, Division 2 Permanent
Committees and Boards, of Article XIV Authorities, Boards, Commissions and Committees
Generally, Chapter 2, Administration, Code of the City of Roanoke (1979), as amended, to read
and provide as follows:
* * *
Sec. 2-308 Parks and recreation advisory board.
(a) Established; composition. There is hereby established the parks and recreation advisory
board as a permanent council-appointed board. The parks and recreation advisory board shall
consist of nine (9) members who shall be residents of the city.
(b) Purpose; responsibility. The Parks and Recreation Advisory Board shall act in an Advisory
capacity to the Director of Parks and Recreation, the City Manager and the City Council in
matters related to parks and recreation to include:
1) Long-range Master Planning for Parks and Recreation
2) Planning and programming of individual parks and facilities, except that the Board
shall not direct operations of the Department
3) Advocating for maximizing use and benefit of publically owned property and
facilities for parks and recreation use
4) Review and recommend on parks and recreation policies as requested by the Director,
City Manager and/or City Council
5) Review and recommend on parks and recreation rules, regulations, policies, practices,
and fees and any modifications, thereof, as requested by the Director, City Manager
and/or City Council
6) Review the Director'ss*operating and capital budget proposal as presented by the
Director prior to its presentation to the City Manager
In carrying out these responsibilities, the Advisory Board may solicit public input or comment on
the same.
(c) Appointment and terms of members. Members of the parks and recreation advisory board
shall be appointed by city council. Members shall serve for terms of three (3) years. Members
of the parks and recreation advisory board shall be subject to the limitation on terms set forth
in section 2-281.1.
(d) Members not compensated. The members of the parks and recreation advisory board shall
serve without compensation for their service as such members.
(e) Organization, selection of officers, meetings.
(1) At its initial meeting, the members of the parks and recreation advisory board shall
elect.a chair, vice-chair, and secretary. The member elected as chair shall serve as
the presiding officer at all meetings of the parks and recreation board. In the
absence of the chair, the vice-chair shall preside at such meeting. The secretary
shall prepare agendas for each meeting, take minutes of each meeting, ensure that
proper legal notice of all meetings is provided, and file minutes with the city clerk.
All officers shall serve for terms that end on December 31 of each year. Members
may be reelected to serve as an officer without limitation.
(2) The parks and recreation advisory board shall adopt bylaws with respect to the
operations of the parks and recreation advisory board. Such bylaws shall not be
inconsistent with the provisions of section 2-305.
(3) The parks and recreation advisory board shall develop a schedule for regular
meetings on a monthly basis for each calendar year. Such schedule for each ensuing
year shall be set no later than January 15 of each year. The schedule shall include
the dates and times of each regular meeting for the ensuing calendar year. At the
initial meeting of the parks and recreation advisory board in 2024, the members
shall set its schedule for the balance of 2024 calendar year.
(4) Special meetings of the parks and recreation advisory board may be called by the
chair or by two (2) members of the parks and recreation advisory board with at least
twelve (12) hours prior notice to each member, delivered in hand or by electronic
mail. The notice of the special meeting shall set forth the purpose of the special
meeting and the special meeting shall be limited to that purpose.
(5) The director of the parks and recreation department shall appoint staff to assist the
secretary in the performance of the secretary's duties to keep minutes and records of
all proceedings of the board,prepare agendas for meetings, notify members of
meetings, arrange for legal notices of meetings, prepare all agenda packages, and
perform all other duties of a secretary. The city attorney shall provide legal advice
and assistance to the equity and empowerment advisory board.
(f) Reports to city council.
(1) The Parks and Recreation Advisory Board shall make recommendations to City
Council as requested by City Council or determined by the City Manager and in
accordance with the stated purpose and responsibilities of the Board.
(2) The parks and recreation adviso+ry board shall submit a annual written report to
city council by the second session of city council in June. The annual report shall
summarize the matters considered by the parks and recreation advisory board, the
recommendations made to city council, and the objectives of the parks and
recreation advisory board for the following year. The chair of the parks and
recreation advisory board shall present the report at a session of city council in July.
***
3. The ordinance shall be effective upon passage.
4. The second reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
NORTHWEST
kiii\\IJ ,,,m
pRAYFn
NO V EMBER 10 . 7-8PM
ditdors t rr '` ►r :•
CHURCH ALIVE
INTERNATIONAL
*Cr
•
S 1 � S M y Y " may
•.i.ij� w •i .'.f.:
r' 1 Ifr fY-f -
•
ram:-
November 2, 2023
Dear Mayor Lea, council members, and City Manager Cowell,
We are encouraged to learn from the city Manager's Office that the design for the new
swimming pool at Washington Park will not require the demolition of the Caretaker's
House (also known as Evans House).As demonstrated by the Friends of Washington Park
(FOWP) press conference on September 27,the community strongly supports preserving
this house white also making improvements to Washington Park, including a new
swimming pool facility.We are writing to add our support to the grassroots efforts of the
community as they advocate for the preservation of this significant building and its
renovation for adaptive reuse as part of the overall park plan.
The ca. 1837 Caretaker's House represents a significant part of Roanoke's long and
complex history.Although built by white settlers in the mid-1 000s, it became central to
Roanoke's Black community when it was converted to a caretaker's house in the 1920s as
part of Washington Park.As noted by FOWP, "Black caretakers of this home and park
endured throughout the Jim Crow era, providing support to local youth and families, and
eventually bore witness to one of Roanoke's most significant civil rights campaigns—the
successful effort led by Rev. R.R.Wilkinson to close an uncovered city trash dump and
move it out of the city's Black neighborhood."We know of no other building in Roanoke
that bridges these two deeply segregated communities in such a unique way. It represents
the transition of this area from initial settlement by early slaveholders to a recreational hub
for the Black community of Roanoke and the surrounding region.
It is our understanding from Parks &Recreation Department staff that it is likely that the
pool will not be complete in time for the 2024 summer season.Therefore, it is all the more
important for the City to take the time to fully explore all options for the new pool location
as well as the future use of the Caretaker's House.As one of the largest parks in the City,
Washington Park has the potential once again to be a local and regional hub for recreation
with the Caretaker's House as a valuable park amenity.
We believe there is a "win-win" solution that will allow for the much-needed new
swimming pool while also renovating the Caretaker's House for an adaptive reuse that
serves the community and supports the park activities. As requested by the city's
Parks and Recreation Advisory Board in a letter to Council dated August 17, 2023,the
City should consider incorporating the house into the pool complex. It could be a year-
round multi-purpose gathering place for all ages that could serve as a concession
stand for the pool and park(providing jobs for teens), a quiet space for homework and
tutoring classes for youth as well as games and classes for seniors, or a community
event and meeting space (like the Alexander-Gish House in Highland Park).The house
could also serve as a hands-on, historic preservation trades training center.
Alternatively, we encourage the City to reconsider the option of locating the pool to the
current site of the football field (which is free of landfill debris) and the football field
relocated to the prior pool's site. Funds budgeted for the house demolition as welt as new
vehicular access from Orange Avenue and parking lots associated with the proposed
location on the Lower level of the park could be redirected to offset the cost of relocating
the football field.The advantage to this option is that it concentrates the sports and active
recreational facilities on the upper level (where football, basketball, and baseball
fields/courts currently exist)and takes advantage of the current parking lots. This option
allows the lower level of the park to retain its natural and historic setting—including the
Caretaker's House, large old-growth trees, and Lick Run—that provides for more passive
recreational activities.
Regardless of the location of the new swimming pool, it is important to stabilize the
Caretaker's House so that exposure to the elements and adjacent construction do not
cause any additional damage. Funds currently budgeted the demolition should be
redirected to accomplish the necessary stabilization. We recognize that future funding will
be needed to renovate the house for adaptive reuse and we have identified some potential
sources for such funding(see list attached).As organizations with a broad range of
experience and expertise in the field of historic preservation,we stand ready to partner
with the City in applying for grants and other funding sources to accomplish the important
goal of preserving the Caretaker's House as an amenity to Washington park and the
surrounding community.
Working together, we are confident we can find a way to save this irreplaceable historic
building while also providing for the park improvements. We look forward to working with
the City on a "win-win" solution.
Sincerely,
Whitney Leeson, President
Roanoke Valley Preservation Foundation
Isabel Thornton, Executive Director
Restoration Housing
Mike Pulice,Architectural Historian
Virginia Department of Historic Resources
Arial Clark, Owner
Southwest Restoration
Dr.Jeanette Manns
Washington Park Alliance
Cc: Michael Clark, Director Roanoke City Parks&Recreation Department
POTENTIAL FUNDING SOURCES:
• Funds budgeted for demolition of the house(approximately$35,000)should be
redirected towards stabilization of the house and/or relocation of the football
field.
• Virginia Housing Stabilization Grants: If a portion of the structure is used for
housing(similar to the 2nd floor apartment at the Alexander Gish House in Highland
Park), these grants could provide up to$150,000, in stabilization and renovation
costs.
• Community Development Block Grants: If Washington Park is included in a
targeted neighborhood, these grant funds of$100,000-$250,000 could be used
towards rehabilitation costs.
• Reconnecting Communities and Neighborhoods Grants: Launched last February
as part of the infrastructure bill passed by Congress, this program helps reconnect
communities that were severed by large-scale transportation initiatives like 1-581
and the six lanes of Orange Avenue.
• Virginia Department of Historic Resources(VDHR)Certified Local Government
(CLG)Grants: Provides up to $40,000 in matching grants to support local
preservation activities and projects, such as the recently funded Mountain View
Masterplan project.
• VDHR Black and Indigenous People of Color(BIPOC)Grants: Provides funding for
the preservation of significant historic and archaeological resources associated
with the under-represented history and communities of people of color.
• Private donations: Our organizations are prepared to partner with the community
and approach major corporate and individual donors.As needed, we could also
lead a general-public fundraising campaign.
• In-kind technical expertise: Our organizations are also ready to provide in-kind
services that would reduce project costs.These could include assistance with grant
applications, developing a plan for stabilizing the structure, working with the
community to identify potential uses for the building, developing renovation plans
for the adaptive reuse, coordinating volunteer work by the community, and even
sponsoring hands-on training at the building in the fields of preservation trades
such as repairs to historic masonry,windows, and interior finishes. , etc. If needed,
we could also solicit support from area contractors, asking them to donate
materials and/or building services.
trail it Gri4/ -
11/6/23,12:03 PM Letter to City Council 11.6.23 Google Docs
Roanoke City Council
City Manager
City Attorney
Owen McGuire, GCNA President
Freeda Cathcart, GCNA Secretary
via hand delivery November 6, 2023
Dear Mayor Lea, Vice-Mayor Cobb, Ms. White-Boyd, Ms. Moon Reynolds, Ms. Sanchez-Jones, Mr.
Priddy, Mr. Volosin, Mr. Cowell and Mr. Spencer,
This is to inform you of three cease and desist notifications that have been sent to the Assistant City
Manager Angie O'Brien, RNA Chair Alicha Grubb and the people claiming to be the "interim officers"
of the Grandin Court Neighborhood Association (GCNA).
The GCNA is an independent civic organization that is governed by the GCNA Bylaws. The old and
the new GCNA Bylaws don't require the city to recognize the GCNA and there is no authority
granted to Roanoke City to govern the GCNA.The GCNA Bylaws specify the GCNA Executive
Committee to have the following authority under Article IX:
"The officers shall constitute the Executive Committee, which shall, to the extent consistent with
these Bylaws, exercise the general authority of the Organization between regular meetings as
necessary. "
The Roanoke City website has listed incorrect information about the GCNA meetings. Our next
meeting where the GCNA elections will take place is at the Roanoke Court Library at 7:00 p.m. on
November 16, 2023. The Roanoke City website and the Roanoke City Facebook page have
published that the GCNA election will be at the Grandin Court Recreation Center on the same day
and time. The GCNA sent an email to Angie O'Brien asking for the website to be updated with the
correct information or to remove the page about the GCNA.
Angie O'Brien sent the following response to our request:
"The Grandin Court Recreation Center is reserved in my name for the November 16, 2023, election
for officers.... The elections will be held at the Grandin Court Recreation Center, at 7:00 pm. The
name of the president has been removed from the website. However, the location of the meeting will
not change, as it is the location for the Grandin Court Neighborhood election for officers."
Angie O'Brien has no authority in the governing of the GCNA. Roanoke City must stop disseminating
disinformation about the Grandin Court Neighborhood Association (GCNA) on the Roanoke City
website/social media and interfering with the GCNA business, otherwise the GCNA may have to take
legal action to protect the GCNA organization.
Sincerely,
Owen McGuire, GCNA President
Freeda Cathcart, GCNA Secretary
11/6/23,12:05 PM Cease and desist for Angie O'Brien-Google Docs
From: Grandin Court NA <grandincourtinfo @grnail.com>
Date: Thu. Nov 2, 2023 at 10:37 PM
Subject: Cease and Desist Notification to Angie O'Brien
To: Angela O'Brien <Angela.0'Brien@roanokeva.gov>
Owen McGuire, President Grandin Court Neighborhood Association
Freeda Cathcart, Secretary Grandin Court Neighborhood Association
November 2, 2023
via email to.ter:;eia. `'_?..,., ?.;..., . ;. ?0
To: Angie O'Brien, Assistant City Manager City of Roanoke
From:The officers of the Grandin Court Neighborhood Association Owen McGuire and Freeda
Cathcart
Re: Cease and Desist notification
Angie O'Brien has been disseminating disinformation about the Grandin Court Neighborhood
Association (GCNA) on the Roanoke City website and interfered with the GCNA business.
Angie O'Brien must cease and desist disseminating disinformation about the Grandin Court
Neighborhood Association (GCNA) on the Roanoke City website and interfering with the GCNA
business, otherwise the GCNA may have to take legal action to protect the GCNA organization.
SUMMARY
Angie O'Brien has been provided with substantial evidence that the GCNA officers, Owen
McGuire and Freeda Cathcart, have been diligently administering the GCNA according to the
GCNA Bylaws. The GCNA officers have made multiple requests for Ms. O'Brien to correct the
information on the Roanoke City website about the GCNA or to delete the page about the
GCNA. Angie O'Brien has repeatedly cited the October 10, 2023 letter from her to the GCNA
officers to explain why she has left the incorrect location for the November 16 GCNA meeting for
the GCNA election. Previously Angie O'Brien had been informed that the GCNA September and
November meetings would be at the Raleigh Court Library.After being informed that the GCNA
had canceled their reservation at the Grandin Court Recreation Center, Angie O'Brien reserved
the Grandin Court Recreation Center room in her name and sent an email implying that the
GCNA election for the GCNA officers must happen at the Grandin Court Recreation Center.
Angie O'Brien has demonstrated a disregard for an independent neighborhood civic
organization and is conducting herself as if she has authority over the GCNA
organization. Both the old and the new GCNA Bylaws state that the officers are
responsible for administering the GCNA according to the GCNA Bylaws. There is nothing
11/6/23,12:05 PM
Cease and desist for Angie O'Brien-Google Docs
in the old or new GCNA Bylaws (attached) which gives any authority to Roanoke City
over the administration of the GCNA. Angie O'Brien's actions demonstrate either her lack
of understanding for lawful parliamentary procedure or a flagrant disregard for lawful
parliamentary procedure. Angie O'Brien's dissemination of disinformation about the
Grandin Court Neighborhood Association (GCNA) on the Roanoke City website and
interference with the GCNA business is resulting in harm to the GCNA officers, their
families and the GCNA community.
BACKGROUND
On September 15, 2023 Ms. Cathcart sent an ema to Ms. O'Brien with the following
information and request:
"Thank you for speaking with me yesterday and for offering to contact the police to re ue
officer to be present at our next neighborhood meeting scheduled for September 21, 20 st an
7:00 p.m. at the Raleigh Court Library. 23 at
After our phone conversation I spoke to Owen McGuire and we agree that it's important to
correct the city's website for our neighborhood's contact information to assist in an orderly
transition. People may have questions about the proposed changes to our bylaws or our
upcoming elections and need to be able to reach the officers for correct information. Please
put my contact information o/n/�the
{�website:
tt ct;�eeda; i`2�.... , 540-598
On September 19, 2023 Ms. O'Brien sent an mal to the GCNA with the following
information:
"At this time, the website only reads Grandin Count Neighborhood."
On September 26, 2023 Ms. Cathcart sent an
email Spreading
Disinformation to Ms. O'Brien, Mr. Spencer, Mr. Cowell land the thebme beectars of the Roanok
City Council with the following information in it: e
"The PRP is the one with the credentials to interpret the GCNA Bylaws in context with Robert's
Rules of Order, not the city attorney. I hope Henri was mistaken with his conversation with the
city attorney. It's unacceptable for the city attorney to be spreading unsubstantiated information
about an independent neighborhood civic organization that's been recognized by the city since
the 1990's, especially when the city attorney has been provided substantial proof that the vote
wasn't valid."
On October 10, 2023 Ms. O'Brien sent an email with a letter attached to it that contained
the following information:
"I am writing to notify you that, based on consultation from the Roanoke City Council and City
Attorney, the City of Roanoke will continue to recognize and support the Grandin Court
11/6/23,12:05 PM Cease and desist for Angie O'Brien-Google Docs
Neighborhood Association following its regular election for officers November 16, 2023, at 7:00
p.m. at the Grandin Court Recreation Center, 2621 Barham Road, provided those elections are
held consistent with the bylaws that were in place prior to the disputed special election on July
20, 2023.
Any other action may forfeit the City's recognition of the Association and any associated
support."
On October 19, 2023 the GCNA officers sent an qnaltsto Ms. O'Brien, Ms. Lauder and Ms.
Hunter with the following information that contains the first cease and desist notification:
"The city has updated their Neighborhood Services website with disinformation that could cause
harm to the Grandin Court Neighborhood Association and their officers. Please correct this
immediately. This simple clause in the GCNA Bylaws makes it clear that it could not have been
possible to have a lawful election at the July 21, 2023 GCNA meeting:
"Any vacancy of office,which may occur for any reason, must be filled by a special vote of the
membership at the next scheduled meeting of the Association.,,
The next scheduled GCNA meeting was September 20, 2023. According to the GCNA Bylaws a
lawful election could not have taken place at the July 21. 2023 meeting if the vote for removal
had been successful.
Substantial evidence has already been provided to the city proving that the removal vote was
unlawful and therefore unsuccessful. The city must cease and desist spreading
disinformation about the GCNA and interfering in the business of the GCNA or the GCNA
may to seek legal action to protect the organization. "
On October 20, 2023 Ms. O'Brien sent palAil the GCNA officers with the following
information:
"I have reattached the previous letter to Ms. Cathcart. I have also attached an identical letter to
Mr. McGuire. Please let me know what"disinformation"you are referencing that is on the
Neighborhood Services website."
On October 23, 2023 Ms, Cathcart sent an emAji to Ms. O'Brien with the following
information:
"Did Mr. Cowell give you the letter that was hand delivered to him on October 16? It's attached
in case he didn't. The Grandin Court Neighborhood Association (GCNA) is an independent civic
organization that is governed according to the GCNA Bylaws. In the GCNA Bylaws, the city is
given no authority or power over the GCNA . There is no requirement in the GCNA Bylaws to
receive the recognition or support from the city, The officers are required to administer the
GCNA according to the GCNA Bylaws.
11/6/23,12:05 PM
Cease and desist for Angie O'Brien-Google Docs
Currently, the city website has published disinformation about the GCNA that needs to be
immediately corrected. I will forward the Cease and Desist Notification email with attachments
that was sent to Kenny Marn, Kathleen Herndon , Cody Schaeffer and Kait Pedigo. Also
attached is the email that was sent out to the GCNA that contains the correct information about
the GCNA upcoming election and it would be helpful for the city website to be updated with the
correct information using this contact information for people to receive more information:
Freeda Cathcart, GCNA Secretar
y email address ....:.
r ;; ;;: :.;,���;a:;<�; �:. ::,\�\...r�\
people confused
I have already been contacted by ` �``�by the disinformation on the city website
about the upcoming GCNA election. Please correct the website immediately by either removing
the page or correcting it."
On October 27,2023 Ms. Cathcart sent an email to Ms. O'Brien with the following
information: "The city still hasn't removed the disinformation about the Grandin Court
Neighborhood Association. It is listing the wrong contact information and the wrong location for
our next meeting. This needs to be corrected immediately. Please see the Cease and Desist
Notification below that was sent to Alicha Grubb. It substantiates that the GCNA officers weren't
removed from office and that they have been fulfilling their fiduciary duties by administering the
GCNA organization according to the GCNA Bylaws (old one attached that was in effect on July
20, 2023)."
On November 1, 2023 Ms. Cathcart sent an email O'Briento Ms. O with the following
information: "The website still hasn't been updated with the correct information and you
haven't responded to our request. It's unacceptable for Roanoke City to list incorrect information
about an independent civic organization. Please correct the website immediately."
On November 1, 2023 Ms. O'Brien sent an einail to Ms. Cathcart with the following
information: "The website has been updated and reflects TBD as far as the president for
GCNA.
The address remains on the website, as in the letter sent to Mr. Mann, and Mr. McGuire, and
you indicated where the election will be held. Once those items are finalized, staff will update
the website with new and additional information."
On November 2, 2023 Ms. Cathcart sent an emall to Ms. O'Brien with the following
information:
Please either completely delete the page about the Grandin Court Neighborhood Association or
correct it with the accurate information that has been provided to you. On October 20, an email
was sent to you that included the attached doc with the email that was sent out to the GCNA
contact list specifically saying at the beginning where the next GCNA meeting with the election
is going to be:
11/6/23,12:05 PM Cease and desist for Angie O'Brien-Google Docs
"The Grandin Court Neighborhood Association election will be held on November 16,
2023 at the Raleigh Court Library at 7:00."
The current president is Owen McGuire but the secretary has been the contact person: Freeda
Cathcart, GCNA Secretary 540-598-7231 ?ra : ..a...Com
Either publish correct information about our independent civic organization on the Roanoke City
website or don't publish any information at all. The GCNA canceled the reservation at the
Grandin Court Recreation Center. The publication of incorrect information on the Roanoke City
website is creating confusion and people who want to vote in the GCNA election need to know
the right location to go on November 16. The attached screen shots were taken yesterday and
today.
When I spoke to Mayor Lea yesterday,we discussed that having two neighborhood
organizations for the Grandin Court Neighborhood would be a healthy way to proceed. Kenny
Marn has been sent a cease and desist notification to stop doing business as the GCNA. He's
free to start a new neighborhood civic organization under another name.'
On November 2, 2023 Ms. O'Brien sent an eng to Ms. Cathcart with the following
information: "I have previously provided you with the City's response to the Grandin
Neighborhood Association and its election for officers. The Grandin Court Recreation Center is
reserved in my name for the November 16, 2023, election for officers. I have also provided you
with the identical letters sent to Mr. Marn and Mr. McGuire.
The City will recognize and support the Grandin Court Neighborhood Association following its
regular election for officers on November 16, 2023. The elections will be held at the Grandin
Court Recreation Center, at 7:00 pm.
The name of the president has been removed from the website. However, the location of the
meeting will not change, as it is the location for the Grandin Court Neighborhood election for
officers."
Summary
Angie O'Brien must cease and desist disseminating disinformation about the Grandin Court
Neighborhood Association (GCNA) on the Roanoke City website and interfering with the GCNA
business, otherwise the GCNA may have to take legal action to protect the GCNA organization.
11/3/23,12:15 PM Cease and Desist Alicha Grubb-Google Docs
Forwarded message
From: Grandin Court NA <grandincourtinfo@gmail.com>
Date: Fri, Oct 27, 2023 at 12:30 PM
Subject: Cease and Desist Notification
To: Alicha M <grubb@gentrylocke.com>
Owen McGuire, President Grandin Court Neighborhood Association
Freeda Cathcart, Secretary Grandin Court Neighborhood Association
October 27, 2023
via email to .b _en r l cke.com
To: Alicha Grubb, Chair of the Roanoke Neighborhood Association
From: The officers of the Grandin Court Neighborhood Association Owen McGuire and Freeda
Cathcart
Re: Cease and Desist notification
Alicha Grubb has been interfering with the administration of the Grandin Court Neighborhood
Association (GCNA), obstructing the GCNA officers from administrating the GCNA according to
the Bylaws and preventing a GCNA officer from bringing the GCNA grievances before the
Roanoke Neighborhood Advocates (RNA). This has resulted in the city publishing disinformation
on the Neighborhood Services website that is confusing people in the neighborhood, causing
harm to the GCNA officers, their families and the GCNA community. Alicha Grubb must cease
and desist interfering or obstructing in the administration of GCNA business, otherwise the
GCNA may have to take legal action to protect the GCNA organization.
SUMMARY
Alicha Grubb was informed that according to a Professional Registered Parliamentarian (PRP)
that once the process to remove an officer has been started by a member then the process
must be followed according to the GCNA Bylaws weeks before the July 20, 2023 GCNA
meeting. Alicha Grubb ignored the requests of the GCNA officers to meet before the meeting or
to put the GCNA on the RNA agenda for the July meeting. Even though Alicha Grubb was told
by the GCNA Secretary that the GCNA officers were going to administer the removal vote at the
beginning of the July 20, 2023, she sent an email dictating that she would make sure Roberts
Rule of Order would be followed and suggested a time limit for debate. Alicha Grubb had no
1_1/6/23,12:15 PM
Cease and Desist Alicha Grubb-Google Docs .
authority in the GCNA meeting and she didn't do due diligence to know how to administer the
removal vote according to the GCNA Bylaws. When the GCNA officers attempted to administer
the removal vote, Alicha Grubb obstructed the process causing an irreparable breach that
resulted in nullifying any actions after the breach including the removal vote. After the GCNA
officers left the building Alicha Grubb conducted an election that wasn't allowed according to the
GCNA Bylaws that contain the following clauses:
"ARTICLE VI. TERMS OF OFFICE Any vacancy of office, which may occur for any reason,
must be filled by a special vote of the membership at the next scheduled meeting of the
Association....
ARTICLE X. PARLIAMENTARY PROCEDURE: Robert's Rules of Order (latest edition), when
not in conflict with the Association's Bylaws, shall govern the proceedings of the Association."
Alicha Grubb has demonstrated a disregard for an independent neighborhood civic organization
arid conducted herself as if she had authority over the GCNA organization. When Alicha Grubb
corresponded with the GCNA officers she used her Gentry Locke email that identifies her as a
Gentry Locke lawyer giving the GCNA officers the impression that she would understand the
GCNA bylaws and the importance of administering the GCNA organization's business according
to the bylaws. Alicha Grubb's actions demonstrated either her lack of understanding for lawful
parliamentary procedure or a flagrant disregard for lawful parliamentary procedure. Alicha
Grubb's interference and obstruction of the GCNA officers to administer a procedure according
to the GCNA Bylaws has resulted in harm to the GCNA officers, their families and the GCNA
community.
BACKGROUND
On June 6, 2023 Freeda Cathcart sent Alicha Grubb an email with the following
questions:
Can you let me know if the Roanoke neighborhood associations are subject to the it si:P'i_ :ry `'�`n a c: W .`ce:or are we independent? I think we're independent .:, i
but it's
important to find out the factual answer. The parliamentarian can't help us if we are subject to
the act. Are you a trained facilitator?
On June 7, 2023 Alicha Grubb sent an email with the following answers to Freeda
Cathcart:
"A neighborhood association is not a property owners' association. That act would not apply... I
know how to run a meeting, from a parliamentary sense, but I am not a trained facilitator per se
for conflict resolution."
On June 13, 2023 Freeda Cathcart sent Alicha Grubb an emAil with the following question
and information:
. 11/6/23,12:15 PM Cease and Desist Alicha Grubb-Google Docs
Can you please reach out to Kenny, km_r><, :-n:i':.c:om,to let him know that we have
reached out to you to help with conflict resolution between him and the neighborhood
leadership?...Based on his removal letter, it appears that he may be unaware of the outreach
that we did to the vanBlaricoms and the efforts we made to try to improve the situation. There
has also been some inaccurate reporting and misinformation regarding the GCNA.
Here's the link to the 6 e; = i: tomtrom :riv starting the morning of May 19 (our neighborhood
meeting was the evening of May 18) through June 8. I didn't see his emails until May 31 when I
T':::,,_.. „� came out and other media
forwarded it to Owen. June 1 was when the Roanoke :����=��� ��•��'�
outlets covered his letter. The emails from the GCNA always have one of our phone numbers at
the end of it. He could have called us or sent us a text. He only attended one neighborhood
meeting five years ago until he came late to our last meeting and tried to disrupt it with his letter.
His recent behavior of harassing us and trying to humiliate us through the media is
unacceptable. No neighborhood leaders should be subjected to what we have.
We didn't know how to respond because we've been waiting to hear from the professional
parliamentarian. She responded this past Friday, June 9. I asked her a clarifying question and
received her answer today. Below is the information she provided related to our situation.
Please let me know if you have any questions. We agree with her that conflict resolution would
be the best first way to proceed.
From the professional parliamentarian:
"As for the Bylaws,you don't need me to tell you that the ones the organization has are certainly
less than ideal and could definitely do with a rewrite (especially to differentiate the purpose of
this organization from property owners associations that are covered by statute). The bottom
line, as always, is that the organization must abide by the adopted bylaws or amend the bylaws.
The concept of interpretation is covered pretty well in Roberts, the main bits that pertain to your
questions are:
• A general statement or rule is always of less authority than a specific statement or
rule.
• If the bylaws authorize certain things specifically, other things of the same class are
prohibited. (especially specific officers, officer duties, member privileges, requirements
for office or membership, etc)
• A provision granting certain privileges prohibits a greater privilege.
• The imposition of a definite penalty for a particular action prohibits increasing or
decreasing the penalty(such as missing meetings or failure to pay dues)
One of the big mistakes organizations make in interpreting bylaws, or relying on the stated
parliamentary authority, is in thinking that if their specific question is not answered that they
11/6/23,12:15 PM
Cease and Desist Alicha Grubb-Google Docs
•
have free rein to pull out any provision of Roberts that they like. That isn't true. The
parliamentary authority is for specific questions in which the bylaws are completely silent. If
the bylaws say anything about officer duties or membership requirements, then all questions
relating to officer duties and membership have been answered, even if the words are bare
and don't include what folks would prefer....The organization's bylaws provide a process
by which an officer can be removed, if that process if initiated by a member, then the
process must be followed."
On July 5, 2023 Freeda Cathcart sent an email to Alicha Grubb with the following
information:
"The purpose for our request for mediation was to address the misinformation contained in
Kenny's letter calling for a vote to remove us from our leadership positions. Since Eddy said that
Kenny was willing to meet with us, we reached out and had a meeting with Kenny this past
Monday.
Kenny made it clear during our meeting with him that his motivation for removing us from
leadership was because he doesn't think neighborhood associations should be involved with
advocating. This is not something that RNA can be neutral about because supporting
neighborhood advocacy is part of the RNA's responsibility:
"Advise and counsel neighborhood-based organizations in establishing, developing, and
expanding their organization, administrative, and advocacy capacities in the promotion of their
neighborhoods."
Kenny needs to be told by an authority that it's normal and encouraged for neighborhood
leaders to organize canvassing to determine the sup
port or opposition to an issue that
would impact their neighborhood. It took countless hours by several neighborhood volunteers
to collect signatures on a paper petition from over 169 neighbors, Also over 75 people showed
up to our neighborhood sponsored event to learn about the sale of the parkland and the zoning
application process....
We are asking for the RNA to intervene in this situation by educating Kenny about the
importance of neighborhood organizations to encourage advocacy and civic engagement
between individuals in the neighborhood and the city. We are hoping that when he learns
that Owen and I have been and continue to act responsibly as neighborhood leaders that he will
rescind his letter for removal. It would be good if he worked with us to fix the bylaws and helped
with a nominating committee to prepare for this November's neighborhood elections.
Owen and I aren't attached to being neighborhood leaders but we do very much want to have
an active neighborhood organization to advocate for issues impacting our neighborhood. Kenny
11/e/23,12:15 PM Cease and Desist Alicha Grubb-Google Docs
is welcome to create a neighborhood social committee either within the GCNA structure or start
a separate organization focused on social events.
Kenny is under a false impression about the purpose of neighborhood associations and has
been harassing us."
On July 6, 2023 Alicha Grubb sent an emaii to Cathcart with the following information:
"I am glad Kenny met with you. I have spoken with Kenny a couple of times as I have
spoken with you, and it appears the two of you just have different priorities when it
comes to leading a neighborhood organization. I did not at all get the impression from Kenny
that he is completely against the organization advocating for something, rather, I take his
concerns to be with your approach. I'm not saying either of you is right or wrong, but I will be
happy to clarify with him that the organization is welcome and encouraged to participate in
issues facing it and that RNA is here as a resource to know how and to whorrr to raise concerns
if need be.... We would plan to meet with whoever those four officers are, including yourself and
Owen if the removal vote fails, in order to help guide you through the next steps of healing in
your organization. We want your neighborhood to be collaborative and successful—where every
neighbor has a voice, where new neighbors are welcomed,where neighborhood events (social
and service) and planned and where neighbors have access to resources to raise concerns
about issues they may have."
On July 6, 2023 Freeda Cathcart sent an email to Alicha Grubb with the following
information:
"Your response is why we asked for mediation with Kenny so that we all could understand each
other's viewpoints with a mediator clarifying what was being said. Kenny said several times
during the meeting that he didn't think the neighborhood should be involved with political or
advocacy issues....
The issue with Fishburn Park and the cottage is not over. The city extended the contract
with the vanBlaricoms until September 30 to give them time to resubmit a zoning application.
They have done so and the planning commission hearing is scheduled for August 14....
I'm confused about why you have spoken to Kenny several times and I can only remember
speaking to you once, technically twice but the second call was on the heels of the first. I
would like to discuss next steps to protect our neighbors' interests. Neighbors were
happy and relieved with the council's decision to protect the parkland. Fifty neighbors who live
near Fishburn Park signed the Thank you card to Roanoke City Council. I'm forwarding to you
the media release of the presentation we gave to the city council on June 5 and attached is a
photo....
11/6l23,12:15 PM
Cease and Desist Alicha Grubb-Google Docs
It's very concerning that Owen and I have been doing the groundwork to listen to our neighbors
with tangible results. We would like to have the support of the RNA to protect our
neighborhood from disinformation and a few disgruntled neighbors. We have been
asking for support from the RNA and the city for over a year to address this situation.
Why didn't the Parks and Recreation Department sponsor a community engagement event to
address the possible sale of over an acre of Flshburn Park? Not just for our neighborhood but
for everyone since the park belongs to all. Again, I'm requesting a phone conversation to
discuss next steps. "
On Tue, Jul 11, 2023, Freeda Cathcart sent pmilo Alicha Grubb with the following
information:
"Since I haven't received a response from you about speaking about next steps that I hoped
would deescalate the situation, Owen and I have a plan for our July 20 meeting. I would
appreciate it if you could put the GCNA on tomorrow's RNA meeting agenda.
While we are still hoping that Kenny will rescind his letter calling for a vote to remove us from
leadership, we will he prepared to have the vote by paper ballot at the beginning of the
meeting. I will forward the follow up communication that we have had with Kenny which would
have been more effective if a mediator could have guided an in person meeting. If you and
Stephen attend the meeting then it would be helpful for the two of you to count the
ballots while Kenny, Owen and I watch."
On July 11, 2023 Freeda Cathcart sent Alicha Grubb an email with the following
information.
"The bylaws specify 30 day written notice before the next meeting May
18 was more
days before the meeting....There's nothing in the bylaws about social media. We didn'tthan know 60
that the Facebook page had the wrong information on it and we don't have the password to fix
it. We do send out an email that sometimes has links to social media events to share. We also
put yard signs out. The emails have one of our phone numbers on it."
On July 12, 2022 Freeda Cathcart hand delivered a letter from the GCNA officers to the
RNA that contained the following information:
"We are concerned that Chair Grubb engaged with Mr. Marn and other neighbors from our
neighborhood who aren't active in our association, instead of directing them to address their
concerns directly to the leadership of the GCNA and to let them know that the GCNA leadership
had reached out to the RNA to help arrange conflict resolution. We are well aware of a small
group of people in our neighborhood who have been spreading disinformation about the GCNA
11/6/23,12:15 PM Cease and Desist Alicha Grubb-Google Docs
leadership. We are also concerned that no one from the RNA or the mediator honored our one
request which was to let Kenny Marn know that we had reached out for help with facilitation and
had been instructed not to contact him until the mediation could be arranged. It's important for
the RNA to investigate why the GCNA leadership wasn't listened to and to ask the RNA to
come up with a policy on how to address conflicts between a neighborhood organization
and a few disgruntled neighbors who aren't active members of the organization."
On Jul 20, 2023 Freeda Cathcart sent pzpail to Alicha Grubb that contained the following
information:
"Please take a moment to read the information in the email below. It contains important context
to understand that when people accused us of shutting them down it was because they were
out of order to the agenda and not participating according to the GCNA bylaws and RRO."
Jul 20, 2023 Alicha Grubb sent an email to Freeda Cathcart with the following
information that Freeda Cathcart wasn't able to respond to because her husband was
having surgery to treat his cancer:
"We thought it would be good for us to get there early. One of us can help check in people as
they arrive to ensure that everyone is in fact a member of the Grandin Neighborhood. One of
us can roam around and greet people and help keep things civil.
We thought it would be good for you all to introduce us at the beginning.
I will help make sure Robert's Rules are followed. We also suggest that before the vote one
of you make a motion to limit debate to 2 minutes per person and a total of 15 minutes."
Jul 21, 2023 Grubb sent an email to the GCNA officers that informed them that an
unlawful election took place after they left the meeting:
"The membership did elect, unanimously but with one abstention, interim officers, with the
President being Kenny.
As a practical matter, in order to help facilitate the transition of leadership, will you please
provide me or Kenny with the login information for your email and Facebook?Will you also
please arrange to meet with me or Kenny with any hard copy or digital files you have related to
the association, including the sign in sheets from last night?'
On July 24, 2023 the officers of the GCNA sent out an email to Mayor Lea, Vice-Mayor
Cobb, Ms. White-Boyd, Ms. Sanchez-Jones, Ms. Moon-Reynolds, Mr. Priddy, Mr.Volosin,
Mr. Cowell, Ms O'Brien, Chair Grubb and Mr. Niamke to inform them of the following:
11/6/23,12:15 PM
Cease and Desist Alicha Grubb-Google Docs
"This is to remind you that the Grandin Court Neighborhood Association is an independent civic
organization with its own bylaws and governance separate from the city or other
organizations....
Attached is a document with the GCNA questions and the answers from a professional
parliamentarian about what happened Thursday night. Her conclusion was that it was an
unlawful vote and that the officers weren't removed from office.
"Any action taken outside of what is permitted in the Bylaws could be considered an
invalid attempt to take control over the organization. Simply being louder or bringing in
unauthorized individuals does not allow an individual or member to take over the
operation of an organization. No individual, regardless of how they may self-style
themselves as an "interim officer"; holds any authority to conduct any business of the
organization without express permission in the Bylaws, and any actions taken by such
an individual should be considered null and void. Given the information presented, it
appears that the officers were not removed in accordance with the Bylaws and should
remain in office."
Chair Grubb had no authority at our meeting and her interruptions created an untenable
situation for us. The police we requested weren't there. We were in a crowded, hot room that
probably violated the fire code. Many neighbors who supported us said they left before the
vote because they didn't feel safe. They described the setting as "explosive" and "as close to
being in a mob as they had ever been". Kenny Marn and his supporters were looking to
Chair Grubb as the authority and insisted on having a debate/discussion before the vote
even after Ms. Cathcart explained to Chair Grubb why it was imperative to follow the
GCNA bylaws and that Robert's Rules of Order didn't apply because there were
instructions in the bylaws. We quickly assessed that if we had proceeded with the vote as the
bylaws required or if we left causing the meeting to be adjourned that violence might have
erupted. Ms. Cathcart explained to the group the parliamentarian disagreement and that
while we objected to proceeding with the debate/discussion that we would do so."
On July 25 a Grandin Court Neighbor sent an gmgii to the Roanoke City Council, Mr.
Cowell and Ms. O'Brien that contained the following information:
"Alicha Grubb was in attendance representing the Roanoke Neighborhood
Advocates. She inserted herself as the leader frequently interrupting and arguing
with the President. In doing so she escalated hostile feelings in the overcrowded
facility which only served to increase the tension. People were afraid and left the
meeting. Ms. Cathhart had an agenda planned which would have allowed voting
11/6/23,12:15 PM , Cease and Desist Alicha Grubb-Google Docs
quickly, but Ms. Grubb's interference allowed name calling, finger pointing and
increased hostility. After the voting was completed Ms. Grubb set herself up as
the leader and allowed another vote for officers which was inappropriate. There
was a motion to adjourn by me which Ms. Grubb argued with me creating even
more tension. She does not know Robert's Rules of Order but sets herself up as
an expert. The meeting was chaotic and dangerous due to her interference. I was
fearful for safety for myself and anyone who had an opposing point of view. Many
people left before the first vote when it became obvious that the meeting was out
of control due to Ms. Grubb's interference. I am calling for her to be removed from
President of the RNA."
On July 26, 2026 Kenny Marn responded to the July 24 GCNA email to the city with the
following:
"We found out about Alicha and the RNA as part of our own research into the bylaws. Alicha
agreed to meet with the four of us and two other Grandin Court residents to discuss the issue.
She was abundantly clear with us that her role is to remain impartial. In fact, I came away with
the distinct impression that she thought what we were doing was not a great idea and that we
should just wait until November to try and vote them out. To be honest, after what has transpired
over the past few months, I' m not sure I disagree with her now....
When Freeda tried to start the meeting by immediately having the vote, I spoke up and
said that based on my understanding there should be a motion for debate, then we would
go from there. Freeda tried to shut that down, at which point Alicha stepped in and tried
to explain that from her perspective it would be proper to do it in this way. At this point
Freeda spent ten minutes or so arguing with Alicha about the matter...
I am letting you know that the four of us intend to proceed as the interim leadership of
the Grandin Court Neighborhood Association as voted on by our neighbors at
Thursday's meeting unless the city specifically tells us otherwise."
On July 28, 2023 at 2:20 p.m, a Professional Registered Parliamentarian, that Kenny Marn
was corresponding with, sent an email that contained the following the information to
Kenny Marn and the GCNA Secretary: "To simplify, the noticed vote had to be processed
before other classes of items of business, and it was not debatable either under the
11/6/23,12:15 PM
Cease and Desist Alicha Grubb-Google Docs
Bylaws or under the provisions of RONR. There are very good masons why the authorship
team at Roberts Rules divides motions into ranks of precedence with a variety of specifications.
Not the least of which is that a privileged motion could be unfairly influenced, and abridge the
rights of some members, if processed incorrectly. RONR has over 700 pages because there are
so many different types of issues to consider; and it is definitely not a simple read to decipher
which provisions apply in which circumstances.
By processing the removal incorrectly, it created a breach of proper procedure that is a
continuing breach and any action taken during that breach is considered null and void
under RONR, at any time a point of order is made(before, during or after the meeting).
That point of order was made when any single person (officer or member) objected to the
proposed debate. There were other issues that created chaos, holding a voice vote,
continuing the meeting after the officers left, holding an election not allowed under the
bylaws, attempting to give authority to individuals not allowed under the Bylaws, etc."
On July 28, 2023 there was a an unauthorized take over of the Grandin Court
Neighborhood Association Facebook page and a post was published that contained the
following statement:
"The interim leadership was given admin permissions for this account/page (GCNA)." The post
was signed"GCNA Interim Leadership".
On August 21, 2023 the Grandin Court Neighborhood Association Facebook page published a
post that contained misinformation and this statement:
"Unfortunately, the previous leadership is still claiming that the vote we held to remove them last
month was not legitimate and are refusing to hand over the GCNA assets such as the email
account, bank account, historical documents, etc."
Also on August 21, 2023 Kenny Marn sent an email to the Roanoke City Community
Engagement Department identifying himself as the GCNA president: "I'm the new
president of the Grandin Court Neighborhood Association. I'd like to get the
information for our neighborhood association updated on the city's website. Is this the
right place to contact?
Here is the updated information.
Meetings: Third Thursday of every odd month 7-8 PM Location TBD
Contact information:
1.1/t5/23,12:15 PM Cease and Desist Alicha Grubb-Google Docs
President Kenny Marn at contactGCNL gmail. corn "
On September 13, 2023 Freeda Cathcart hand delivered a eater to the RNA meeting that
Alicha Grubb didn't provide to the RNA Secretary to distribute to the RNA members who
didn't attend the meeting. It contained the following information:
"Due to misinformation provided by Chair Grubb there is confusion about who are the leaders of
the GCNA. This needs to be immediately corrected. The GCNA Bylaws need to be followed and
Chair Grubb didn't follow the GCNA Bylaws or listen to the GCNA officers. Due to the
misinformation Kenny Marn may have committed a misdemeanor or f2jcm when he wrote to the
Roanoke City Community Engagement Department on August 21, 2023 claiming to be the
GCNA President. Please send an email to Kenny Marn to let him know that Chair Grubb gave
him incorrect information and he isn't the GCNA President."
On October 11, 2023 Freeda Cathcart attended the RNA meeting to address the GCNA
concerns about Alicha Grubb's interference and obstruction of the GCNA business. The
GCNA came up on the agenda Alicha Grubb allowed Molly Hunter to read the letter from
the city to the GCNA.When Freeda Cathcart tried to inform the RNA members that the
GCNA officers had consulted with the PRP.
CONCLUSION
Alicha Grubb must cease and desist interfering or obstructing in the administration of GCNA
business, otherwise the GCNA may have to take legal action to protect the GCNA organization.
Alicha Grubb's actions demonstrated either her lack of understanding for lawful parliamentary
procedure or a flagrant disregard for lawful parliamentary procedure. Alicha Grubb's interference
and obstruction of the GCNA officers to administer a procedure according to the GCNA Bylaws
has resulted in harm to the GCNA officers, their families and the GCNA community.
•' 11/5/23,12:25 PM Cease and desist Kenny Marn et al.-Google Docs
Forwarded message
From: Grandin Court NA <grandincourtinfo@gmail.com>
Date: Sat, Oct 21, 2023 at 11:37AM
Subject: Cease and Desist Notification
To: <contactgcna©gmai€.com>, Kenny Marn <kmarnwvu@gmail.com>,
<ktherndonl4@gmail.com>, Kait Pedigo <kait.pedigo@gmaii.com>, Cody Schaeffer
<cjs664@gmail.com>
Owen McGuire, President Grandin Court Neighborhood Association
Freeda Cathcart, Secretary Grandin Court Neighborhood Association
October 21, 2023
via email con tactqcn...cn:.... .;i :: r ;;: .,; :,.; , lt.?e,,.dc.. `• :: ':::: .?= f
To: Kenny Marn, Kathleen Herndon , Cody Schaeffer and Kait Pedigo
From:The officers of the Grandin Court Neighborhood Association Owen McGuire and Freeda
Cathcart
Re: Cease and Desist notification
It has come to our attention that Kenny Marn, Kathleen Herndon, Cody Schaeffer and Kait
Pedigo have been claiming that they are the interim officers or an officer of the Grandin Court
Neighborhood Association (GCNA) and conducting business on behalf of the GCNA. This is
incorrect and they must cease and desist from conducting business in the name of the GCNA or
from making claims that they have a leadership position in the GCNA, otherwise the GCNA may
have to take legal action to protect the GCNA organization.
SUMMARY
It appears that Kenny Marn, Kathleen Herndon, Cody Schaeffer and Kait Pedigo may have
received incorrect advice from representatives of Roanoke City regarding the governance of the
GCNA which is an independent civic organization. Representatives of Roanoke City have no
authority of the GCNA which is governed by the GCNA Bylaws. The officers of the GCNA
consulted with a Professional Registered Parliamentarian (PRP) to fulfill their fiduciary duties to
govern the GCNA according to the GCNA Bylaws.
11/6/23,12:25 PM Cease and desist Kenny Marn et al.-Google Docs
BACKGROUND
•
On July 3, 2023 the officers of the Grandin Court Neighborhood Association met with Kenny
Marn to talk about his letter calling for a vote to remove the GCNA officers from their positions
with the GCNA. There was consensus that the GCNA Bylaws were flawed lir;I<: to follow up
email from meeting). Kenny Marn's response to the email contained the following statement:
"We are in agreement that the bylaws need rewritten."
The old GCNA Bylaws that were the governing documentation for the GCNA (attached with
highlights) contains this clause in ARTICLE VI:
"Any vacancy of office, which may occur for any reason, must be filled by a special vote of the
membership at the next scheduled meeting of the Association."
and this clause:
ARTICLE X. PARLIAMENTARY PROCEDURE: Robert's Rules of Order(latest edition), when
not in conflict with the Association's Bylaws, shall govern the proceedings of the
Association.
On July 24, 2023 the officers of the GCNA sent out an email to Mayor Lea, Vice-Mayor Cobb,
Ms. White-Boyd, Ms. Sanchez-Jones, Ms. Moon-Reynolds, Mr. Priddy, Mr. Volosin, Mr. Cowell,
Ms O'Brien, Chair Grubb and Mr. Niamke to inform them of the following:
"This is to remind you that the Grandin Court Neighborhood Association is an independent civic
organization with its own bylaws and governance separate from the city or other
organizations....
Attached is a document with the GCNA questions and the answers from a professional
parliamentarian about what happened Thursday night. Her conclusion was that it was an
unlawful vote and that the officers weren't removed from office.
"Any action taken outside of what is permitted in the Bylaws could be considered an
invalid attempt to take control over the organization. Simply being louder or bringing in
unauthorized individuals does not allow an individual or member to take over the
operation of an organization. No individual, regardless of how they may self-style
themselves as an "interim officer", holds any authority to conduct any business of the
organization without express permission in the Bylaws, and any actions taken by such
an individual should be considered null and void. Given the information presented, it
appears that the officers were not removed in accordance with the Bylaws and should
remain in office."
11/6/23,12:25 PM Cease and desist Kenny Marn et al.-Google Docs
Chair Grubb had no authority at our meeting and her interruptions created an untenable
situation for us. The police we requested weren't there. We were in a crowded, hot room that
probably violated the fire code. Many neighbors who supported us said they left before the
vote because they didn't feel safe. They described the setting as"explosive" and "as close to
being in a mob as they had ever been". Kenny Marn and his supporters were looking to
Chair Grubb as the authority and insisted on having a debate/discussion before the vote
even after Ms. Cathcart explained to Chair Grubb why it was imperative to follow the
GCNA bylaws and that Roberts Rules of Order didn't apply because there were
instructions in the bylaws.We quickly assessed that if we had proceeded with the vote as the
bylaws required or if we left causing the meeting to be adjourned that violence might have
erupted. Ms. Cathcart explained to the group the parliamentarian disagreement and that
while we objected to proceeding with the debateldiscussion that we would do so."
On July 26, 2026 Kenny Marn responded to the July 24 GCNA email to the city with the
following:
"We found out about Alicha and the RNA as part of our own research into the bylaws. Alicha
agreed to meet with the four of us and two other Grandin Court residents to discuss the issue.
She was abundantly clear with us that her role is to remain impartial. In fact, I came away with
the distinct impression that she thought what we were doing was not a great idea and that we
should just wait until November to try and vote them out. To be honest, after what has transpired
over the past few months, I' m not sure I disagree with her now....
When Freeda tried to start the meeting by immediately having the vote, I spoke up and
said that based on my understanding there should be a motion for debate, then we would
go from there. Freeda tried to shut that down, at which point Alicha stepped in and tried
to explain that from her perspective it would be proper to do it in this way. At this point
Freeda spent ten minutes or so arguing with Alicha about the matter...
I am letting you know that the four of us intend to proceed as the interim leadership of
the Grandin Court Neighborhood Association as voted on by our neighbors at
Thursday's meeting unless the city specifically tells us otherwise."
On July 28, 2023 at 2:20 p.m, a Professional Registered Parliamentarian, that Kenny Marn was
corresponding with, sent an email that contained the following the information to Kenny Marn
and the GCNA Secretary: "To simplify, the noticed vote had to be processed before other
classes or items of business, and it was not debatable either under the Bylaws or under
11/6/23,12:25 PM Cease and desist Kenny Marn et al.-Google Docs _ :.
the provisions of RONR. There are very good reasons why the authorship team at Robert's
Rules divides motions into ranks of precedence with a variety of specifications. Not the least of
which is that a privileged motion could be unfairly influenced, and abridge the rights of some
members, if processed incorrectly. RONR has over 700 pages because there are so many
different types of issues to consider, and it is definitely not a simple read to decipher which
provisions apply in which circumstances.
By processing the removal incorrectly, it created a breach of proper procedure that is a
continuing breach and any action taken during that breach is considered null and void
under RONR, at any time a point of order is made (before, during or after the meeting).
That point of order was made when any single person (officer or member) objected to the
proposed debate. There were other issues that created chaos, holding a voice vote,
continuing the meeting after the officers left, holding an election not allowed under the
bylaws, attempting to give authority to individuals not allowed under the Bylaws, etc."
On July 28, 2023 there was a an unauthorized take over of the Grandin Court Neighborhood
Association Facebook page and a post was published that contained the following statement:
"The interim leadership was given admin permissions for this account/page (GCNA)." The post
was signed"GCNA Interim Leadership".
On August 21, 2023 the Grandin Court Neighborhood Association Facebook page published a
post that contained misinformation and this statement:
"Unfortunately, the previous leadership is still claiming that the vote we held to remove them last
month was not legitimate and are refusing to hand over the GCNA assets such as the email
account, bank account, historical documents, etc."
Also on August 21, 2023 Kenny Marn sent an email to the Roanoke City Community
Engagement Department identifying himself as the GCNA president: "I'm the new president of
the Grandin Court Neighborhood Association. I'd like to get the information for our
neighborhood association updated on the city's website. Is this the right place to contact'?
Here is the updated information.
Meetings: Third Thursday of every odd month 7-8 PM Location TBD
Contact information:
11/6/23,12:25 PM Cease and desist Kenny Marn et al.-Google Docs
President Kenny Marn at contactGCN©gmail. corn "
Now the Grandin Court Neighborhood Association Facebook page is promoting a social on
October 22, 2022 at the Grandin Court Neighborhood Association (screenshot attached).When
the GCNA contacted the Parks and Recreation Department the GCNA was informed that the
reservation for the social was made in Kenny Marn's name and not the GCNA . The promotion
of this event as a GCNA event creates a possible liability issue for the GCNA.
CONCLUSION
The Grandin Court Neighborhood Association is an independent civic organization that is
administered according to the GCNA Bylaws and Roanoke City has no authority in the business
of the GCNA. A PRP has rendered an opinion based on the GCNA Bylaws that Owen McGuire
and Freeda Cathcart weren't removed from office on July 21, 2023. Even if the officers had been
removed, new officers couldn't have been elected until the next scheduled meeting on
September 20, 2023.
Kenny Marn, Kathleen Herndon , Cody Schaeffer and Kait Pedigo must cease and desist
claiming that they are the interim officers of the GCNA otherwise the GCNA may have to
take legal action to protect our organization. The Grandin Court Neighborhood
Association Facebook page must be returned immediately to the administration of
GCNA Secretary Freeda Cathcart and this Sunday's event at the Grandin Court
Recreation Center needs to cease and desist using the GCNA in its promotion.
ROANOKE CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 6, 2023
Subject: Request for a Public Hearing to amend the City Charter, Section 10,
Meetings of council generally; and Section 16, Time of holding municipal
elections.
Background:
Request a Public Hearing to hear comments from citizens regarding requesting the General
Assembly to amend the City Charter regarding Section 4, Composition of Council; terms of
members; designation of vice-mayor; vacancies; Section 10, Meetings of council generally;
and Section 16 Time of holding municipal elections. A public hearing is required to get citizen
input on this amendment.
The proposed changes reflect the amendments to be made in election dates and meetings of
council generally to the City Charter. This is being resubmitted to the 2024 General Assembly
this year.
Recommended Action:
On behalf of the Legislative Committee Chair, I am requesting that Council schedule a public
hearing for November 20, 2023, at 7:00 p.m., or as soon thereafter as the matter may heard to
hear comments of citizens regarding this proposed amendment to the City Charter.
)
Timothy Spencer, City Attorney
Distribution:
Robert S. Cowell, Jr., City Manager
Timothy R. Spencer, City Attorney
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
VI } '>= 215 Church Avenue,S.W.,Suite 456
Roanoke,Virginia 24011-1536
Telephone: (540)853-2541
Fax: (540)853-1145 CECELIA T.WEBB,CMC
CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov Deputy City Clerk
City Clerk
RUTH VISUETE-PEREZ
Assistant Deputy City Clerk
November 6, 2023
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
This is to advise that Nicole Ross has tendered her resignation as a member of the Gun
Violence Prevention Commission, effective October 17, 2023.
Sincerely,
6t6,6,t, c/Y1-e-cot
Cecelia F. McCoy, CMC
City Clerk
Nicole L. Ross
39 Frances Drive, NW
Roanoke,VA 24017
October 17, 2023
Cecelia McCoy
City Clerk
City of Roanoke
215 Church Avenue SW Suite 456
Roanoke,VA 24011
Dear Cecelia McCoy:
It is with a heavy heart that I submit my resignation. I have served since the inception of the Task Force to
Reduce Gun Violence in 2019 and was proud to be one of the nine Commissioners for the Gun Violence
Prevention Commission. However,due to the overt verbal attacks toward the Commission and the blatant
response from the Mayor and City Council members to hold the Gun Violence Prevention Commission to
a different standard than other Commissions operated under their guidance is unfair, unjust and
discriminatory. If I can't trust the governing body that is supposed to be in support of our efforts and the
city to be equitable, I cannot in good faith continue to serve on the Commission. I will continue to serve
this great city that I love as I have for the past 30 years through youth services and community
development.
My last day at City of Roanoke will be October 17, 2023 at 5:00pm.
I wish the Commission much success in its efforts to reduce gun violence in our city.
Sincerely,
Nicole L. Ross
Commissioner, Gun Violence Prevention Commission
Cc: Roanoke City Council
0 i
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
�.> 215 Church Avenue,S.W.,Suite 456
Roanoke,Virginia 24011-1536
c ' Telephone: (540)853-2541
Fax: (540)853-1145 CECELIA T.WEBB,CMC
E-mail: clerk@roanokeva.gov Deputy City Clerk
CECELIA F.MCCOY,CMC
City Clerk RUTH VISUETE-PEREZ
Assistant Deputy City Clerk
November 6, 2023
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
This is to advise that Jamaal Jackson has tendered her resignation as a member of the
Roanoke Neighborhood Advocates, effective immediately.
Sincerely,
J-• cf6,e6(4,
Cecelia F. McCoy, CMC
City Clerk
FW: [EXTERNAL] Fwd: Meeting tonight
Ruth Visuete Perez <ruth.visueteperez@roanokeva.gov>
Mon 10/23/2023 8:18 AM
To:Cecelia Webb <Cecelia.Webb@RoanokeVa.gov>
From: Bishop J L Jackson <revjljackson@gmail.com>
Sent: Friday, October 20, 2023 11:15 PM
To: Ruth Visuete Perez<ruth.visueteperez@roanokeva.gov>
Subject: [EXTERNAL] Fwd: Meeting tonight
CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or
on clicking links from unknown senders.
Please see my email sent to the Chair on June 14, 2023.
Regards,
Bishop J. L.Jackson
bishopjljackson.com
Begin forwarded message:
From: Bishop J L Jackson <revjljacksonPgmail.com>
Date:June 14, 2023 at 9:47:42 AM EDT
To: "Grubb, Alicha M" <Grubb(Egentrylocke.com>
Subject: Re: Meeting tonight
Hi Alicha,
I hope all is well. I have been needing to send this. I was trying to wait until my term was up as Vice
Chair, but I'm going to have to resign from the RNA board. My schedule is not allowing me to be as
involved with the board and the neighborhoods. As an Advocate for neighborhoods, availability is
key and it shouldn't be taken lightly. I have enjoyed serving with you and the rest of the board
members, past and present. I am humbled for having had the opportunity for now 5 years. My
prayer is for the continued strength of all who remain,that you'll be strong advocates for our
neighbors, which are the strength of our city.
Regards,
Bishop J. L.Jackson
bishopjljackson.com
On Jun 14, 2023, at 8:43 AM, Grubb, Alicha M <Grubb@gentrylocke.com>wrote:
Good morning everyone!
Attached, please find the agenda for tonight. I have some unfortunate news to report
that Antwyne has resigned from his position. We were supposed to have a meeting at
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
CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC
City Clerk Deputy City Clerk
RUTH VISUETE PEREZ
Assistant Deputy City Clerk
November 7, 2023
Emily Clark
Board Secretary
Roanoke, Virginia
Dear Ms. Clark:
This is to advise you that Brenda Allen has qualified as a member of the Architectural
Review Board to fill the unexpired term of office of Lori Baker-Lloyd ending
October 1, 2025.
Sincerely,
6e.e.t&ci e61-
Cecelia F. McCoy, CMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Brenda Allen, 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 Architectural Review Board to fill the unexpired term of office
of Lori Baker-Lloyd ending October 1, 2025, according to the best of my ability. (So help
me God.)
BRENDA ALLEN
The foregoing oath of office was taken, sworn to, and subscribed before me by Brenda
Allen this let day of Oc ?" 2023.
Brenda S. Hamilton, Clerk of the Circuit Court
, Clerk
t
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
4 = 215 Church Avenue,S.W.,Suite 456
Roanoke,Virginia 24011-1536
Telephone: (540)853-2541
Fax: (540)853-1145
CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC
City Clerk Deputy City Clerk
RUTH VISUETE PEREZ
Assistant Deputy City Clerk
November 7, 2023
Tina Platz
Board Secretary
Roanoke, Virginia
Dear Ms. Platz:
This is to advise you that Shane Spradlin has qualified as a member of the Towing
Advisory Board to replace J. A. Robertson for a three-year term of office commencing
November 1, 2022 and ending October 31, 2025.
Sincerely,
(.1)2e-e4'-f•g,
Cecelia F. McCoy, CMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Shane Spradlin, 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 Towing Advisory Board to replace J. A. Robertson for a
three-year term of office commencing November 1, 2022 and ending October 31, 2025,
according to the best of my ability. (So help me God.)
....., '(L----------,..--S:L--._._._________„
SHANE SPRADLIN
The foregoing oath of office was taken, sworn to, and subscribed before me by
Shane Spradlin, this a day ofOc lak�6rr 1 2023.
Brenda S. Hamilton, Clerk of the Circuit Court
ByOcki4/07D1
', Clerk
e ,- e... .„
CITY OF ROANOKE
A!"'oi • • ,
OFFICE OF THE CITY CLERK
` 215 Church Avenue,S.W.,Suite 456
Roanoke,Virginia 24011-1536
s:,f. Telephone: (540)853-2541
Fax: (540)853-1145
CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC
City Clerk Deputy City Clerk
RUTH VISUETE PEREZ
Assistant Deputy City Clerk
November 7, 2023
Emily Clark
Board Secretary
Roanoke, Virginia
Dear Ms. Clark:
This is to advise you that Sue Ellen Agresta has qualified as a member of the Board of
Zoning Appeals to fill the unexpired term of office of Amanda McGee commencing
November 9, 2023 and ending December 31, 2024.
Sincerely,
et-e-el-t:fed (Cie'. 65v4/'
Cecelia F. McCoy, CMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Sue Ellen Agresta, 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 Board of Zoning Appeals to fill the unexpired
term of office of Amanda McGee commencing November 9, 2023 and ending
December 31, 2024; according to the best of my ability. (So help me God.)
je4
M-/(/
/SUE ELLEN AGRES A
The foregoing oath of office was taken, sworn to, and subscribed before me by Sue Ellen
Agresta this day of C 2023.
Brenda S. Hamilton, Clerk of the Circuit Court
By � \' 99
( �/t �-.°' , Clerk
* CITY OF ROANOKE
OFFICE OF THE CITY CLERK
. t, p 215 Church Avenue,S.W.,Suite 456
Roanoke,Virginia 24011-1536
Net Telephone: (540)853-2541
Fax: (540)853-1145
CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC
City Clerk Deputy City Clerk
RUTH VISUETE PEREZ
Assistant Deputy City Clerk
November 7, 2023
Michael Clark
Director of Parks and Recreation
Roanoke, Virginia
Dear Mr. Clark:
This is to advise you that Jaime Mather has qualified as a member of the Youth Athletics
Review Board for a three-year term of office commencing January 1, 2024 and ending
December 31, 2026.
Sincerely,
6,-e-e-1;td tt02z-
Cecelia F. McCoy, CMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Jaime Mather, 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 Youth Athletics Review Board for a three-year term of office,
commencing January 1, 2024 and ending December 31, 2026; according to the best of
my ability. (So help me God.)
40111", ,.. rayW/FP"'
'r r r MATHER
The foregoing oath of office was taken, sworn to, and subscribed before me by
Jaime Mather this '" day of ( 2023.
Brenda S. Hamilton, Clerk of the Circuit Court
/ .,). "';
� ��r; � ��"
By ��' ' r ;� � .
Clerk
/ r
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
CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC
City Clerk Deputy City Clerk
RUTH VISUETE PEREZ
Assistant Deputy City Clerk
November 7, 2023
Emily Clark
Board Secretary
Roanoke, Virginia
Dear Ms. Clark:
This is to advise you that Andrew Raduly has qualified as a member of the Board of Zoning
Appeals for a three-year term of office commencing January 1, 2024 and ending
December 31, 2026.
Sincerely,
6e-t-elx; (7102e-dt1
Cecelia F. McCoy, CMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Andrew Raduly, 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 Board of Zoning Appeals for a three-year term of office,
commencing January 1, 2024 and ending December 31, 2026; according to the best of
my ability. (So help me God.)
NDR LY
The foregoing oath of office was taken, sworn to, and subscribed before me by
Andrew Raduly this 2S day of O iI 2023.
Brenda S. Hamilton, Clerk of the Circuit Court
By cjim. 0 , Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of November 2023.
No. 42815-110623.
A RESOLUTION accepting the Virginia Department of Transportation's (VDOT) Highway
Safety Improvement Program funds for FY23-FY24; and authorizing the execution of any required
documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke hereby accepts the VDOT award in the total amount of$100,000
for the Highway Safety Improvement Program for FY23-FY24, for two separate projects, with no
required local match from the City, which projects enhance safety for motorists, bicyclists and
pedestrians, as more fully set forth in the City Council Agenda Report dated November 6, 2023.
2. The City Manager or his designee is hereby authorized to execute and file, on behalf
of the city, any documents setting forth the conditions of the grant in a form approved by the City
Attorney.
3. The City Manager or his designee is further directed to furnish such additional
information as may be required in connection with acceptance of the foregoing Grant.
ATTEST:
LfrttAgl-
City Clerk.
ROANOKE CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 6, 2023
Subject: Acceptance of FY 2023 - 2024 Virginia Department of Transportation
(VDOT) Highway Safety Improvement Program Funds.
Background:
The Federal Highway Safety Improvement Program (HSIP) is a federally funded program to
reduce fatal and severe injury crashes on roadway segments and intersections. The program
is funded with 90% Federal and 10% State funding. No local fund match is required.
In November 2016, through Resolution No. 40694-110716, the City applied for funding in the
FY18-23 Six-Year Improvement Program to install Flashing Yellow Arrows (FYAs) and
Rectangular Rapid Flashing Beacons (RRFBs.) The City completed the project. In early
2023, VDOT identified additional funding in the HSIP program and asked the City to identify
additional locations for the installation of these traffic control devices. VDOT awarded
additional funds and programmed the funding from FY23 through FY24.
In August 2023, through Resolution No. 42725-082123, City Council accepted the referenced
grant award and appropriated funding, however, the dollar figures listed in the Agenda Report,
Resolution, and Budget Ordinance do not match the dollar figures listed in Appendix A of the
executed VDOT Project Administration Agreement for this project. The matching dollar figures
are listed in the sections below.
Considerations:
VDOT has awarded the City $70,000 for UPC 123059 to install Flashing Yellow Arrows at
several signalized intersections. Candidate locations for installations include the following:
• Williamson Rd. and Rutherford Ave;
• Plantation Rd. and Preston Ave; and
• Aviation Dr. and Towne Square Blvd.
VDOT has also awarded the City $30,000 for UPC 123050 to install Rectangular Rapid
Flashing Beacons at two locations in the city. Candidate locations include the following:
• McClanahan St and Carolina Ave SW; and
• Salem Turnpike and Westwood Blvd NW
Recommended Action:
Accept the Highway Safety Improvement Program (HSIP) funding award in the amounts of
$70,000 for FYAs and $30,000 for RRFBs.
Authorize the City Manager to execute the VDOT Standard Project Administration Agreement
and Appendices for the HSIP projects similar to those attached, and such agreements shall be
in a form approved by the City Attorney.
Authorize the City Manager to take such actions and execute such additional documents as
may be necessary to obtain, accept, implement, administer, and use such funds.
Establish revenue estimates of $70,000 and $30,000 and appropriate the same into two new
capital accounts to be established by the Director of Finance.
Bob Cowell, City Manager
Distribution:
Council Appointed Officers
Sam Roman, Assistant City Manager
Amelia C. Merchant, Deputy Director of Finance
Ross Campbell, P.E., Director of Public Works
STANDARD PROJECT ADMINISTRATION AGREEMENT
Federal-aid Projects
Project Number UPC Local Government
U000-128-508 123050 City of Roanoke
THIS AGREEMENT, is hereby made and effective the date of the last (latest) signature
set forth below, by and between the CITY OF ROANOKE,VIRGINIA, hereinafter referred to as
the LOCALITY and the Commonwealth of Virginia, Department of Transportation, hereinafter
referred to as the DEPARTMENT. The DEPARTMENT and the LOCALITY are collectively
referred to as the "Parties."
WHEREAS. the LOCALITY has expressed its desire to administer the work described in
Appendix A, and such work for each improvement shown in Appendix A is hereinafter referred
to as the'Project;" and
WHEREAS. the funds shown in Appendix A have been allocated to finance the Project;
and
WHEREAS. the LOCALITY is committed to the development and delivery of the
Project in an expeditious manner; and
WHEREAS, the LOCALITY is responsible for administering the Project in accordance
with DEPARTMENT guidelines, including the most current Locally Administered Projects
Manual("LAP Manual"), and with the program specific requirements shown in Appendix B,
based on the nature of the allocated funding for the Project as shown in the Appendix A: and
WHEREAS, the Parties have concurred in the LOCALITY's administration of all phases
of work for the Project in accordance with applicable federal, state and local laws and
regulations: and
WHEREAS, the LOCALITY's governing body has by resolution, demonstrated the
LOCALITY'S commitment to provide local funding for the Project to the extent contemplated
by this Agreement and further, by resolution or otherwise, authorized its designee to execute this
Agreement, and said authorizations are attached hereto.
NOW THEREFORE, in consideration of the mutual premises contained herein, the
Parties hereto agree as follows:
1. The representations, covenants and recitations set forth in the foregoing recitals are
material to this Agreement and are hereby incorporated into and made a part of this
Agreement as though they were fully set forth in this Section 1.
2. The LOCALITY shall:
Federal Aid Project Administration Agreement
Locality:City of Roanoke
Project Number:U000-128-50S,UPC 123050
a. Be responsible for all activities necessary to complete the noted phase(s) of the Project
as shown in Appendix A, except for activities, decisions, and approvals which are the
responsibility of the DEPARTMENT, as expressly required by federal or state laws
and regulations,or as otherwise agreed to,in writing, between the Parties. Every phase
of the Project will be designed and constructed to meet or exceed current American
Association of State Highway and Transportation Officials standards when the
facilities are locally maintained and shall further comply with all supplementary
standards established by the DEPARTMENT when the facilities are maintained by the
DEPARTMENT.
b. Meet all funding obligation and expenditure timeline requirements in accordance with
all applicable federal and state laws and regulations, all applicable Commonwealth
Transportation Board and DEPARTMENT policies, and those additional requirements
as identified in Appendices A and B to this Agreement. Noncompliance with this
requirement may result in deallocation of the funding from the Project, rescission of
state funding match,termination of this Agreement, or the DEPARTMENT's denial of
future requests to administer projects by the LOCALITY, all of which actions are at
the discretion of the DEPARTMENT or as can be taken pursuant to applicable laws,
regulations, or policies.
c. Receive prior written authorization from the DEPARTMENT to proceed with
preliminary engineering, right-of-way acquisition and utility relocation, advertisement
and award for the Project, as required in the most current LAP Manual and other
applicable DEPARTMENT guidelines.
d. Administer the Project in accordance with the DEPARTMENT's most current LAP
Manual and other guidelines applicable to Locally Administered Projects as published
by the DEPARTMENT.
e. Maintain accurate and complete records of the Project's development as required in the
LAP Manual and any supplemental guidance and directives of the DEPARTMENT and
retain documentation of all expenditures and make such information available for
inspection or auditing by the DEPARTMENT upon request. Records and
documentation for the Project shall be maintained for no less than three (3) years
following the DEPARTMENT'S acceptance of the final voucher on the Project.
f At least quarterly, but no more frequently than monthly, submit invoices with
supporting documentation to the DEPARTMENT in the form prescribed by the
DEPARTMENT. The supporting documentation shall include copies of vendor and
contractor invoices paid by the LOCALITY, an up-to-date Project summary and
schedule, and a sutmnary of all payment requests, payments and adjustments. A
request for reimbursement shall be made within 90 days after any eligible Project
expenses are incurred by the LOCALITY. Reimbursement for eligible expenditures
shall not exceed funds allocated each year for the Project by the Commonwealth
Transportation Board in the Six Year Improvement Program.
OAG Approved 7.(28.12022 2
Federal Aid Project Administration Agreement
Locality:City of Roanoke
Project Number:U000-1_28-508_UPC 123050
g. Acknowledges that for federally-funded projects and pursuant to 2 CFR § 200.339,
Remedies for Noncompliance, failure to comply with federal laws and regulations, or
the terms and conditions of federal awards, may result in the imposition of sanctions
including but not limited to possible denial or delay of payment of all or a part of the
costs associated with the activity or action not in compliance.
h. Reimburse the DEPARTMENT for all Project expenses incurred by the
DEPARTMENT if. due to action or inaction of the LOCALITY, federally-funded
Project expenditures incurred are not reimbursed by the Federal Highway
Administration(FHWA), or reimbursements are required to be returned to the FHWA,
or in the event the reimbursement is required by the provisions of§ 33.2-214 or§ 33.2-
331 of the Code of Virginia (1950), as amended, or other applicable provisions of
federal, state, or local law or regulations.
i. On projects that the LOCALITY is providing the required match to state or federal
funds, pay the DEPARTMENT the LOCALITY's match for eligible Project expenses
incurred by the DEPARTMENT in the performance of activities set forth in paragraph
2.a.
j. Administer the Project in accordance with all applicable federal, state, and local laws
and regulations. Failure to fulfill legal obligations associated with the Project may
result in forfeiture of federal or state-aid reimbursements.
k. If legal services other than that provided by staff counsel are required in connection
with condemnation proceedings associated with the acquisition of Right-of-Way, the
LOCALITY will consult the DEPARTMENT to obtain an attorney from the list of
outside counsel approved by the Office of the Attorney General. Costs associated with
outside counsel services shall be reimbursable expenses of the Project.
1. Provide, or have others provide, maintenance of the Project upon completion, unless
otherwise agreed to by the DEPARTMENT. Where the Project results in physical
construction, the LOCALITY will continue to operate and maintain the Project in
accordance with the final constructed design as approved by the DEPARTMENT. The
LOCALITY agrees that any modification of the approved design features, without the
approval of the DEPARTMENT. may, at the discretion of the DEPARTMENT, result
in restitution either physically or monetarily as determined by the DEPARTMENT.
3. The DEPARTMENT shall:
a. Perform any actions and provide any decisions and approvals,within a reasonable time,
which are the responsibility of the DEPARTMENT, required by federal and state laws
and regulations, or as otherwise agreed to, in writing, between the parties, and provide
necessary coordination with the FHWA as determined to be necessary by the
DEPARTMENT.
OAG Approved 7128./2022 3
Federal Aid Project Administration Agreement
Locality:City of Roanoke
Project Number:U000-128-508,UPC 123050
b. Upon receipt of the LOCALITY's invoices pursuant to paragraph 2.f., reimburse the
LOCALITY the cost of eligible Project expenses. as described in Appendix A. Such
reimbursements shall be payable by the DEPARTMENT within 30 days of an
acceptable submission by the LOCALITY.
c. Where applicable, submit invoices to the LOCALITY for the LOCALITY's share of
eligible Project expenses incurred by the DEPARTMENT in the performance of
activities pursuant to paragraphs 2. a. and 3.a.
d. Audit the LOCALITY's Project records and documentation as may be required to
verify LOCALITY compliance with federal and state laws and regulations.
e. Upon LOCALITY'S request, make available to the LOCALITY guidelines to assist
the Parties in carrying out responsibilities under this Agreement.
4. If designated by the DEPARTMENT. the LOCALITY is authorized to act as the
DEPARTMENT's agent for the purpose of conducting survey work pursuant to § 33.2-
1011 of the Code of Virginia (1950), as amended.
5. Nothing in this Agreement shall obligate the Parties hereto to expend or provide any funds
in excess of funds agreed upon in this Agreement or as shall have been included in an
annual or other lawful appropriation. State and federal Project funding is limited to those
identified in the Appendix A of this Agreement and is allocable only upon LOCALITY's
compliance with all requirements of this Agreement. In the event the cost of all or part of
the Project is anticipated to exceed the allocation shown on Appendix A, the Parties agree
to cooperate in seeking additional funding for the Project or to terminate the Project before
Project costs exceed the allocated amount. Any requested increase in federal or state
funding is subject to DEPARTMENT policy and procedures applicable to the funding
source and is not guaranteed.
6. Nothing in this Agreement shall be construed as a waiver of the LOCALITY's or the
Commonwealth of Virginia's sovereign immunity.
7. The Parties mutually agree and acknowledge, in entering this Agreement, that the
individuals acting on behalf of the Parties are acting within the scope of their official
authority and capacity and the Parties agree that neither Party will bring a suit or assert a
claim against any official, officer, or employee of either Party, in their individual or
personal capacity for a breach or violation of the terms of this Agreement or to otherwise
enforce the terms and conditions of this Agreement. The foregoing notwithstanding,
nothing in this subparagraph shall prevent the enforcement of the terns and conditions of
this Agreement by or against either Party in a competent court of law.
8. The Parties mutually agree that no provision of this Agreement shall create in the public,
or in any person or entity other than the Parties, rights as a third party beneficiary
hereunder, or authorize any person or entity, not a party hereto, to maintain any action for,
without limitation, personal injury, property damage. breach of contract, or return of
money, or property, deposit(s), cancellation or forfeiture of bonds, financial instruments,
OAG Approved 712812022 4
Federal Aid Project Administration Agreement
Locality:City of Roanoke
Project Number:1:000-128-505,UPC 123050
pursuant to the terms of this Agreement or otherwise. Notwithstanding any other provision
of this Agreement to the contrary, unless otherwise provided, the Parties agree that the
LOCALITY or the DEPARTMENT shall not be bound by any agreements between either
party and other persons or entities concerning any matter which is the subject of this
Agreement, unless and until the LOCALITY or the DEPARTMENT has, in writing,
received a true copy of such agreement(s) and has affirmatively agreed, in writing, to be
bound by such Agreement.
9. This Agreement may be terminated by either Party upon 30 days advance written notice to
the other Party. Eligible Project expenses incurred through the date of termination shall be
reimbursed in accordance with paragraphs 2.f, 2.h., and 3.b, subject to the limitations
established in this Agreement and Appendix A. Upon termination and unless otherwise
agreed to, the DEPARTMENT shall retain ownership of plans, specifications, and right of
way,unless all state and federal funds provided for the Project have been reimbursed to the
DEPARTMENT by the LOCALITY, in which case the LOCALITY will have ownership
of the plans, specifications. and right of way.
10. Prior to any action pursuant to paragraphs 2.b, 2.g. or 2.h.of this Agreement, the
DEPARTMENT shall provide notice to the LOCALITY with a specific description of the
LOCALITY's breach of this Agreement. Upon receipt of a notice of breach, the
LOCALITY will be provided the opportunity to cure such breach or to provide a plan to
cure to the satisfaction to the DEPARTMENT. If, within sixty (60) days after receipt of
the written notice of breach, the LOCALITY has neither cured the breach,nor is diligently
pursuing a cure of the breach to the satisfaction of the DEPARTMENT, then upon receipt
by the LOCALITY of a written notice from the DEPARTMENT stating that the breach has
neither been cured. nor is the LOCALITY diligently pursuing a cure, the DEPARTMENT
may exercise any remedies it may have under this Agreement or at law or in equity.
11. THE LOCALITY and DEPARTMENT acknowledge and agree that this Agreement has
been prepared jointly by the Parties and shall be construed simply and in accordance with
its fair meaning and not strictly for or against any Party.
12. THIS AGREEMENT, when properly executed, shall be binding upon both Parties. their
successors, and assigns.
13. THIS AGREEMENT may be modified only in writing by mutual agreement of the Parties.
OAG Approved 7+2812022 5
Federal Aid Project Administration Agreement
Locality:City of Roanoke
Project Number:U000-128-508,UPC 123050
IN WITNESS WHEREOF. each Party hereto has caused this Agreement to be executed by
their duly authorized representatives, acknowledging and agreeing that any digital signature
affixed hereto shall be considered as an original signature for all purposes and shall have the same
force and effect as an original signature.
CITY OF ROANOKE,VIRGINIA:
Signature Date
Title
NOTE: The official signing for the LOCALITY must attach a certified copy of his or her authority
to execute this Agreement.
COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION:
Signature Date
Chief of Policy. Commonwealth of Virginia.. Department of Transportation
Attachments
Appendix A
Appendix B
OAG Approved 712812022 6
Appendix A- Locally Administered
Version Original Prepared Date: 71212023
Project Details
UPC 123050 State Project#. 0000-128-508 CFDA# 20.205 Locality UEI#. NBFNAEXRHD76
Locality: City of Roanoke Address: 215 Church Avenue.SW. Roanoke.VA 24011
RECTANGULAR FLASHING BEACONS PHASE 2-ROANOKE CITY-Add RRFB's
Work Description: near the intersections of Salem Turnpike at Westwood Boulevard(School Crossing)and Project Location 24011-1517
McClanahan Street at Carolina Avenue(Carillon Office Complex). (Zip+4)
Project Points of Contact
Locality Project Manager VDOT Project Coordinator
Name: Ian Coffey Name: Jessie Nester
Phone: 540-853-2210 Phone: 540-613-4115
Email: ian.coffey@roanokeva.gov Email: Jessie.Nester@vdot.virginia.gov
Project Estimates
Preliminary Right of Way and Construction Total
Engineering Utilities
Estimated Locality Project Expenses $2.000 S0 $22,000 $24,000
Estimated VDOT Project Oversight $3,000 $0 $3.000 $6,000
Estimated VDOT Project Services(Appendix C) $0 $0 $0 SO
Estimated Total Project Costs $5,000 $0 $25,000 I $30,000
Project Financing
Allocated Funds Local% Max Reimbursement Total Estimated
Allocated Funds Type Amount Participation Local Share Total to Locality Reimbursement to Locality
VA Safety HSIP $30,000 0% $0 $30,000
Funding Totals $30,000 SO $30,000 $24,000
Note-7:he`ands order rs not nd carve or toe acwa;spend order of r rods on the project
Authorized Locality Official Date Authorized VDOT Official Date
Printed Name of Locality Official Printed Name of VDOT Official
Title of Locality Official Title of VDOT Official
This attachment is certified and made an official attachment to this document by the Parties to this Agreement.
Updated June 2022
Locally Administered Federal-Aid Agreement
Appendix B—Special Funding Program Conditions and Requirements
Project Number UPC Local Government
U000-128-508 123050 City of Roanoke
SMART SCALE
Administration of this Project, including but not limited to the Project estimate, schedule and
commitment to funding, is subject to the requirements established in the Commonwealth
Transportation Board's (CTB's) most current Policy for Implementation of the SAI4RT SCALE
Project Prioritisation Process, the applicable requirements of the Code of Virginia, and VDOT's
applicable Instructional and Informational Memoranda.
Without limiting the foregoing, this Project has been selected through the Smart Scale (HB2)
application and selection process and will remain in the Six-Year Improvement Plan (SYIP) as a
funding priority unless certain conditions set forth in the CTB's most current Policy for
Implementation of a Project Prioriti_ation Process arise. Pursuant to the CTB's Policy for
Implementation of a Project Prioritisation Process, this Project will be re-scored and/or the
funding decision re-evaluated if any of the following conditions apply: a change in the scope, an
estimate increase, or a reduction in the locally/regionally leveraged funds. Applications may not
be submitted in a subsequent SMART SCALE prioritization cycle to account for a cost increase
on a previously selected Project.
This Project shall be initiated and at least a portion of the Project's programmed funds expended
within one year of the budgeted year of allocation or funding may be subject to reprogramming
to other projects selected through the prioritization process. In the event the Project is not
advanced to the next phase of construction when requested by the CTB. the LOCALITY or the
localities within the metropolitan planning organization may be required. pursuant to § 33.2-214
of the Code of Virginia. to reimburse the DEPARTMENT for all state and federal funds
expended on the Project.
Transportation Alternatives Program
This Project shall be administered in accordance with VDOT's most current Transportation
Alternatives Program Guide.
Without limiting the foregoing. CTB policy for allocations from the Transportation Alternatives
Programs requires that the Project must be advertised or otherwise under construction within
four years of the initial Project allocation or otherwise be subject to deallocation, unless prior
Department approval has been provided.
The DEPARTMENT shall conduct all environmental studies necessary to complete an
environmental document in compliance with the National Environmental Policy Act, unless
otherwise agreed to in writing and attached to this Agreement. The LOCALITY is responsible
OAG Reviewed 7 28 2022 1
for implementing any environmental commitments resulting from the environmental studies. In
addition. the LOCALITY is responsible for obtaining any water quality permits and conducting
any required hazardous materials due diligence efforts. VDOT's estimated cost for the
environmental studies and submissions will be provided to the LOCALITY and deducted from
the Project funds,
Regional Surface Transportation Program (RSTP)
Allocated Regional Surface Transportation Program funds must be obligated within 12 months
of allocation and expended within 36 months of the obligation.
Congestion Mitigation Air Quality (CM4Q)
Allocated Congestion Mitigation and Air Quality Program funds must be obligated within 12
months of allocation and expended within 36 months of the obligation.
Revenue Sharing
This Project shall be administered in accordance with VDOT's most current Revenue Sharing
Program Guidelines.
Without limiting the foregoing, the Project shall be initiated such that at least a portion of the
Revenue Sharing Funds are expended within one year of allocation. For any project that has not
been initiated within one year, the CTB has the discretion to defer consideration of future
allocations until the Project moves forward. Further, if the Project has not been initiated within
two fiscal years subsequent to the allocation of Revenue Sharing Funds, the Revenue Sharing
Funds for the Project may be subject to deallocation from the Project at the discretion of the
CTB.
State of Good Repair (SGR) Bridge
Project estimate, schedule, and commitment to funding are subject to the requirements
established in the CTB's State of Good Repair Program Prioriti_ation Process Methodology, the
Code of Virginia, and VDOT's Instructional and Informational Memoranda.
Projects receiving funding under this program must initiate the Preliminary Engineering or the
Construction Phase within 24 months of award of funding or become subject to deallocation. In
the event the Project is not advanced to the next phase of construction, the LOCALITY may be
required, pursuant to § 33.2-214 of the Code of Virginia, to reimburse the Department for all
state and federal funds expended on the Project.
This Project has been selected through the State of Good Repair application and selection
process and will remain in the SYIP as a funding priority. Pursuant to the CTB's State of Good
Repair Program Prioriti_ation Process Methodology, this Project will be re-scored and/or the
funding decision re-evaluated if any of the following conditions apply: a change in the scope, an
estimate increase, or a reduction in the locally/regionally leveraged funds. Applications may not
be submitted in a subsequent annual State of Good Repair prioritization cycle for the same
bridge structure to account for a cost increase on a previously selected Project.
OAG Reviewed 7 28 2022 2
State of Good Repair (SGR) Paving
Project estimate. schedule. and conunitment to funding are subject to the requirements
established in the CTB's State of Good Repair Program Prioritization Process Methodology,the
Code of Virginia, and VDOT's Instructional and Informational Memoranda.
Projects receiving funding under this program must be advertised within twelve months of award
funding or be subject to deallocation. In the event the Project is not advanced to the next phase
of construction. the LOCALITY may be required, pursuant to § 33.2-214 of the Code of
Virginia, to reimburse the Department for all state and federal funds expended on the Project.
This Project has been selected through the State of Good Repair application and selection
process and will remain in the SYIP as a funding priority. Pursuant to the CTB's State of Good
Repair Program Prioritization Process Methodology. this Project will be re-scored and/or the
funding decision re-evaluated if any of the following conditions apply: a change in the scope, an
estimate increase, or a reduction in the locally/regionally leveraged funds. Applications may not
be submitted in a subsequent annual State of Good Repair prioritization cycle for the same
roadway segment to account for a cost increase on a previously selected Project.
Economic Access
This Project shall be administered in accordance with VDOT's most current Economic
Development Access Program Guide.
Airport Access
This Project shall be administered in accordance with VDOT's most current Airport Access
Program Guide.
Recreational Access
This Project shall be administered in accordance with VDOT's most current Recreational Access
Program Guide.
Authorized Locality Official Signature and Date
Printed Name of Locality Official
OAG Reviewed 7'28 2022 3
STANDARD PROJECT ADMINISTRATION AGREEMENT
Federal-aid Projects
Project Number UPC Local Government
U000-128-515 123059 - City of Roanoke
THIS AGREEMENT, is hereby made and effective the date of the last (latest) signature
set forth below, by and between the CITY OF ROANOKE, VIRGINIA, hereinafter referred to as
the LOCALITY and the Commonwealth of Virginia. Department of Transportation. hereinafter
referred to as the DEPARTMENT. The DEPARTMENT and the LOCALITY are collectively
referred to as the "Parties."
WHEREAS, the LOCALITY has expressed its desire to administer the work described in
Appendix A, and such work for each improvement shown in Appendix A is hereinafter referred
to as the "Project;" and
WHEREAS, the funds shown in Appendix A have been allocated to finance the Project;
and
WHEREAS, the LOCALITY is committed to the development and delivery of the
Project in an expeditious manner; and
WHEREAS, the LOCALITY is responsible for administering the Project in accordance
with DEPARTMENT guidelines, including the most current Locally Administered Projects
Manual("LAP Manual"), and with the program specific requirements shown in Appendix B,
based on the nature of the allocated funding for the Project as shown in the Appendix A; and
WHEREAS, the Parties have concurred in the LOCALITY's administration of all phases
of work for the Project in accordance with applicable federal, state and local laws and
regulations; and
WHEREAS,the LOCALITY's governing body has by resolution, demonstrated the
LOCALITY'S commitment to provide local funding for the Project to the extent contemplated
by this Agreement and further, by resolution or otherwise, authorized its designee to execute this
Agreement, and said authorizations are attached hereto.
NOW THEREFORE, in consideration of the mutual premises contained herein. the
Parties hereto agree as follows:
1. The representations, covenants and recitations set forth in the foregoing recitals are
material to this Agreement and are hereby incorporated into and made a part of this
Agreement as though they were fully set forth in this Section 1.
2. The LOCALITY shall:
Federal Aid Project Administration Agreement
Locality:City of Roanoke
Project Number:U000-l28-515 UPC 123059
a. Be responsible for all activities necessary to complete the noted phase(s) of the Project
as shown in Appendix A, except for activities, decisions, and approvals which are the
responsibility of the DEPARTMENT, as expressly required by federal or state laws
and regulations, or as otherwise agreed to, in writing, between the Parties. Every phase
of the Project will be designed and constructed to meet or exceed current American
Association of State Highway and Transportation Officials standards when the
facilities are locally maintained and shall further comply with all supplementary
standards established by the DEPARTMENT when the facilities are maintained by the
DEPARTMENT.
b. Meet all funding obligation and expenditure timeline requirements in accordance with
all applicable federal and state laws and regulations, all applicable Commonwealth
Transportation Board and DEPARTMENT policies, and those additional requirements
as identified in Appendices A and B to this Agreement. Noncompliance with this
requirement may result in deallocation of the funding from the Project, rescission of
state funding match,termination of this Agreement, or the DEPARTMENT's denial of
future requests to administer projects by the LOCALITY, all of which actions are at
the discretion of the DEPARTMENT or as can be taken pursuant to applicable laws,
regulations, or policies.
c. Receive prior written authorization from the DEPARTMENT to proceed with
preliminary engineering, right-of-way acquisition and utility relocation, advertisement
and award for the Project, as required in the most current LAP Manual and other
applicable DEPARTMENT guidelines.
d. Administer the Project in accordance with the DEPARTMENT's most current LAP
Manual and other guidelines applicable to Locally Administered Projects as published
by the DEPARTMENT.
e. Maintain accurate and complete records of the Project's development as required in the
LAP Manual and any supplemental guidance and directives of the DEPARTMENT and
retain documentation of all expenditures and make such information available for
inspection or auditing by the DEPARTMENT upon request. Records and
documentation for the Project shall be maintained for no less than three (3) years
following the DEPARTMENT'S acceptance of the final voucher on the Project.
f. At least quarterly, but no more frequently than monthly, submit invoices with
supporting documentation to the DEPARTMENT in the form prescribed by the
DEPARTMENT. The supporting documentation shall include copies of vendor and
contractor invoices paid by the LOCALITY, an up-to-date Project summary and
schedule, and a summary of all payment requests, payments and adjustments. A
request for reimbursement shall be made within 90 days after any eligible Project
expenses are incurred by the LOCALITY. Reimbursement for eligible expenditures
shall not exceed funds allocated each year for the Project by the Commonwealth
Transportation Board in the Six Year Improvement Program.
OAG Approved 712812022 2
Federal Aid Project Administration Agreement
Locality:City of Roanoke
Project Number:U000-12S-515 UPC 123059
g. Acknowledges that for federally-funded projects and pursuant to 2 CFR § 200.339,
Remedies for Noncompliance, failure to comply with federal laws and regulations. or
the terms and conditions of federal awards, may result in the imposition of sanctions
including but not limited to possible denial or delay of payment of all or a part of the
costs associated with the activity or action not in compliance.
h. Reimburse the DEPARTMENT for all Project expenses incurred by the
DEPARTMENT if. due to action or inaction of the LOCALITY, federally-funded
Project expenditures incurred are not reimbursed by the Federal Highway
Administration(FHWA), or reimbursements are required to be returned to the FHWA,
or in the event the reimbursement is required by the provisions of§ 33.2-214 or§ 33.2-
331 of the Code of Virginia (1950), as amended, or other applicable provisions of
federal. state, or local law or regulations.
i. On projects that the LOCALITY is providing the required match to state or federal
funds, pay the DEPARTMENT the LOCALITY's match for eligible Project expenses
incurred by the DEPARTMENT in the performance of activities set forth in paragraph
2.a.
j. Administer the Project in accordance with all applicable federal, state, and local laws
and regulations. Failure to fulfill legal obligations associated with the Project may
result in forfeiture of federal or state-aid reimbursements.
k. If legal services other than that provided by staff counsel are required in connection
with condemnation proceedings associated with the acquisition of Right-of-Way. the
LOCALITY will consult the DEPARTMENT to obtain an attorney from the list of
outside counsel approved by the Office of the Attorney General. Costs associated with
outside counsel services shall be reimbursable expenses of the Project.
1. Provide, or have others provide, maintenance of the Project upon completion, unless
otherwise agreed to by the DEPARTMENT. Where the Project results in physical
construction, the LOCALITY will continue to operate and maintain the Project in
accordance with the final constructed design as approved by the DEPARTMENT. The
LOCALITY agrees that any modification of the approved design features, without the
approval of the DEPARTMENT, may, at the discretion of the DEPARTMENT, result
in restitution either physically or monetarily as determined by the DEPARTMENT.
3. The DEPARTMENT shall:
a. Perform any actions and provide any decisions and approvals,within a reasonable time,
which are the responsibility of the DEPARTMENT, required by federal and state laws
and regulations, or as otherwise agreed to, in writing, between the parties, and provide
necessary coordination with the FHWA as determined to be necessary by the
DEPARTMENT.
OAG Approved 7128/2022 3
Federal Aid Project Administration Agreement
Locality:City of Roanoke
Project Number:U000-125-515_UPC 123059
b. Upon receipt of the LOCALITY's invoices pursuant to paragraph 2.f., reimburse the
LOCALITY the cost of eligible Project expenses. as described in Appendix A. Such
reimbursements shall be payable by the DEPARTMENT within 30 days of an
acceptable submission by the LOCALITY.
c. Where applicable, submit invoices to the LOCALITY for the LOCALITY's share of
eligible Project expenses incurred by the DEPARTMENT in the performance of
activities pursuant to paragraphs 2. a. and 3.a.
d. Audit the LOCALITY's Project records and documentation as may be required to
verify LOCALITY compliance with federal and state laws and regulations.
e. Upon LOCALITY'S request, make available to the LOCALITY guidelines to assist
the Parties in canying out responsibilities under this Agreement.
4. If designated by the DEPARTMENT, the LOCALITY is authorized to act as the
DEPARTMENT'S agent for the purpose of conducting survey work pursuant to § 33.2-
1011 of the Code of Virginia (1950), as amended.
5. Nothing in this Agreement shall obligate the Parties hereto to expend or provide any funds
in excess of funds agreed upon in this Agreement or as shall have been included in an
annual or other lawful appropriation. State and federal Project funding is limited to those
identified in the Appendix A of this Agreement and is allocable only upon LOCALITY'S
compliance with all requirements of this Agreement. In the event the cost of all or part of
the Project is anticipated to exceed the allocation shown on Appendix A. the Parties agree
to cooperate in seeking additional funding for the Project or to terminate the Project before
Project costs exceed the allocated amount. Any requested increase in federal or state
funding is subject to DEPARTMENT policy and procedures applicable to the funding
source and is not guaranteed.
6. Nothing in this Agreement shall be construed as a waiver of the LOCALITY's or the
Commonwealth of Virginia's sovereign immunity.
7. The Parties mutually agree and acknowledge, in entering this Agreement, that the
individuals acting on behalf of the Parties are acting within the scope of their official
authority and capacity and the Parties agree that neither Party will bring a suit or assert a
claim against any official, officer, or employee of either Party, in their individual or
personal capacity for a breach or violation of the terms of this Agreement or to otherwise
enforce the terms and conditions of this Agreement. The foregoing notwithstanding,
nothing in this subparagraph shall prevent the enforcement of the terms and conditions of
this Agreement by or against either Party in a competent court of law.
8. The Parties mutually agree that no provision of this Agreement shall create in the public,
or in any person or entity other than the Parties, rights as a third party beneficiary
hereunder, or authorize any person or entity, not a party hereto, to maintain any action for,
without limitation, personal injury, property damage. breach of contract, or return of
money, or property, deposit(s). cancellation or forfeiture of bonds, financial instruments.
OAG Approved 712812022 4
Federal Aid Project Administration Agreement
Locality:City of Roanoke
Project Number:U000-128-515,UPC 123059
pursuant to the terms of this Agreement or otherwise. Notwithstanding any other provision
of this Agreement to the contrary, unless otherwise provided, the Parties agree that the
LOCALITY or the DEPARTMENT shall not be bound by any agreements between either
party and other persons or entities concerning any matter which is the subject of this
Agreement, unless and until the LOCALITY or the DEPARTMENT has, in writing,
received a true copy of such agreement(s) and has affirmatively agreed, in writing, to be
bound by such Agreement.
9. This Agreement may be terminated by either Party upon 30 days advance written notice to
the other Party. Eligible Project expenses incurred through the date of termination shall be
reimbursed in accordance with paragraphs 2.f. 2.h., and 3.b, subject to the limitations
established in this Agreement and Appendix A. Upon termination and unless otherwise
agreed to, the DEPARTMENT shall retain ownership of plans, specifications, and right of
way.unless all state and federal funds provided for the Project have been reimbursed to the
DEPARTMENT by the LOCALITY, in which case the LOCALITY will have ownership
of the plans, specifications, and right of way.
10. Prior to any action pursuant to paragraphs 2.b, 2.g. or 2.h.of this Agreement, the
DEPARTMENT shall provide notice to the LOCALITY with a specific description of the
LOCALITY's breach of this Agreement. Upon receipt of a notice of breach. the
LOCALITY will be provided the opportunity to cure such breach or to provide a plan to
cure to the satisfaction to the DEPARTMENT. If, within sixty (60) days after receipt of
the written notice of breach, the LOCALITY has neither cured the breach,nor is diligently
pursuing a cure of the breach to the satisfaction of the DEPARTMENT, then upon receipt
by the LOCALITY of a written notice from the DEPARTMENT stating that the breach has
neither been cured, nor is the LOCALITY diligently pursuing a cure, the DEPARTMENT
may exercise any remedies it may have under this Agreement or at law or in equity.
11. THE LOCALITY and DEPARTMENT acknowledge and agree that this Agreement has
been prepared jointly by the Parties and shall be construed simply and in accordance with
its fair meaning and not strictly for or against any Party.
12. THIS AGREEMENT, when properly executed, shall be binding upon both Parties, their
successors, and assigns.
13. THIS AGREEMENT may be modified only in writing by mutual agreement of the Parties.
OAG Approved 7128/2022 5
Federal Aid Project Administration Agreement
Locality:City of Roanoke
Project Number:U000-128-515_UPC 123059
IN WITNESS WHEREOF,each Party hereto has caused this Agreement to be executed by
their duly authorized representatives, acknowledging and agreeing that any digital signature
affixed hereto shall be considered as an original signature for all purposes and shall have the same
force and effect as an original signature.
CITY OF ROANOKE,VIRGINIA:
Signature Date
Title
NOTE: The official signing for the LOCALITY must attach a certified copy of his or her authority
to execute this Agreement.
COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION:
Signature Date
Chief of Policy. Commonwealth of Virginia. Department of Transportation
Attachments
Appendix A
Appendix B
OAG Approved 7/2812022 6
Appendix A-Locally Administered
Version. Original Prepared Date: 7'21/2023
' Project Details
UPC: 123059 State Project#: 0000-128-515 CFDA#: 20.205 Locality UEl#. NBFNAEXRHD76
Locality: City of Roanoke Address 215 Church Avenue.SW, Roanoke.VA 24011
FLASHING YELLOW ARROW-VARIOUS LOCATIONS-ROANOKE CITY-Change
left turn phasing from protective/permissive to FYA in the City of Roanoke at the Project Location 24011-1517
Work Description. following intersections:Williamson Rd(NHS)and Rutherford Ave.Aviation Dr and (Zip+4)
Townesquare Blvd.and Plantation Rd.and Preston Ave.
` Project Points of Contact
Locality Project Manager VDOT Project Coordinator
Name: Ian Coffey Name: Jessie Nester
Phone: 540-853-2210 Phone: 540-613-4115
Email: ian.coffey@roanokeva.gov Email: Jessie-Nester@vdot.virginia.gov
Project Estimates
Preliminary Right of Way and Construction Total
Engineering Utilities
Estimated Locality Project Expenses $7,000 SO S57,000 $64,000
Estimated VDOT Project Oversight $3,000 S0 S3.000 S6,000
Estimated VDOT Project Services(Appendix C) $0 SO $0 SO
Estimated Total Project Costs I S10,000 1 SO 1 $60.000 $70,000
Project Financing
Allocated Funds Local% Local Share Total Max Reimbursement Total Estimated
Allocated Funds Type Amount Participation to Locality Reimbursement to Locality
VA Safety HSIP $70,000 0% SO $70,000
Funding Totals S70,000 SO $70,000 $64,000
Note-The funds order±s not+ndtcat+ve of toe actua,spend order of funds on toe project
Authorized Locality Official Date Authorized VDOT Official Date
Printed Name of Locality Official Printed Name of VDOT Official
Title of Locality Official Title of VDOT Official
This attachment is certified and made an official attachment to this document by the Parties to this Agreement.
Updated June 2022
Locally Administered Federal Aid Agreement
Appendix B— Special Funding Program Conditions and Requirements
Project Number UPC Local Government
U000-128-515 123059 City of Roanoke
S_1 ART SCALE
Administration of this Project, including but not limited to the Project estimate, schedule and
commitment to funding, is subject to the requirements established in the Commonwealth
Transportation Board's (CTB's) most current Policy for Implementation of the StL=IRT SCALE
Project Prioritisation Process, the applicable requirements of the Code of Virginia, and VDOT's
applicable Instructional and Informational mational Memoranda.
Without limiting the foregoing, this Project has been selected through the Smart Scale (HB2)
application and selection process and will remain in the Six-Year Improvement Plan (SYIP)as a
funding priority unless certain conditions set forth in the CTB's most current Policy for
Implementation of a Project Prioriti:ation Process arise. Pursuant to the CTB's Policy for
Implementation of a Project Prior'itiration Process, this Project will be re-scored andor the
funding decision re-evaluated if any of the following conditions apply: a change in the scope, an
estimate increase, or a reduction in the locally%regionally leveraged funds. Applications may not
be submitted in a subsequent SMART SCALE prioritization cycle to account for a cost increase
on a previously selected Project.
This Project shall be initiated and at least a portion of the Project's programmed funds expended
within one year of the budgeted year of allocation or funding may be subject to reprogramming
to other projects selected through the prioritization process. In the event the Project is not
advanced to the next phase of construction when requested by the CTB, the LOCALITY or the
localities within the metropolitan planning organization may be required. pursuant to § 33.2-214
of the Code of Virginia, to reimburse the DEPARTMENT for all state and federal funds
expended on the Project.
Transportation Alternatives Program
This Project shall be administered in accordance with VDOT's most current Transportation
Alternatives Program Guide.
Without limiting the foregoing. CTB policy for allocations from the Transportation Alternatives
Programs requires that the Project must be advertised or otherwise under construction within
four years of the initial Project allocation or otherwise be subject to deallocation,unless prior
Department approval has been provided.
The DEPARTMENT shall conduct all environmental studies necessary to complete an
environmental document in compliance with the National Environmental Policy Act.unless
otherwise agreed to in writing and attached to this Agreement. The LOCALITY is responsible
OAG Reviewed? 28 2022 t
for implementing any environmental commitments resulting from the environmental studies. In
addition, the LOCALITY is responsible for obtaining any water quality permits and conducting
any required hazardous materials due diligence efforts. VDOT's estimated cost for the
environmental studies and submissions will be provided to the LOCALITY and deducted from
the Project funds.
Regional Surface Transportation Program (RSTP)
Allocated Regional Surface Transportation Program funds must be obligated within 12 months
of allocation and expended within 36 months of the obligation.
Congestion Mitigation Air Quality (CMAQ)
Allocated Congestion Mitigation and Air Quality Program funds must be obligated within 12
months of allocation and expended within 36 months of the obligation.
Revenue Sharing
This Project shall be administered in accordance with VDOT's most current Revenue Sharing
Program Guidelines.
Without limiting the foregoing, the Project shall be initiated such that at least a portion of the
Revenue Sharing Funds are expended within one year of allocation. For any project that has not
been initiated within one year, the CTB has the discretion to defer consideration of future
allocations until the Project moves forward. Further, if the Project has not been initiated within
two fiscal years subsequent to the allocation of Revenue Sharing Funds, the Revenue Sharing
Funds for the Project may be subject to deallocation from the Project at the discretion of the
CTB.
State of Good Repair (SGR) Bridge
Project estimate, schedule, and commitment to funding are subject to the requirements
established in the CTB's State of Good Repair Program Prioriti_ation Process Methodology, the
Code of Virginia, and VDOT's Instructional and Informational Memoranda.
Projects receiving funding under this program must initiate the Preliminary Engineering or the
Construction Phase within 24 months of award of funding or become subject to deallocation. In
the event the Project is not advanced to the next phase of construction, the LOCALITY may be
required, pursuant to § 33.2-214 of the Code of Virginia, to reimburse the Department for all
state and federal funds expended on the Project.
This Project has been selected through the State of Good Repair application and selection
process and will remain in the SYIP as a funding priority. Pursuant to the CTB's State of Good
Repair Program Prioriti_ation Process Methodology, this Project will be re-scored and/or the
funding decision re-evaluated if any of the following conditions apply: a change in the scope, an
estimate increase, or a reduction in the locally/regionally leveraged funds. Applications may not
be submitted in a subsequent annual State of Good Repair prioritization cycle for the same
bridge structure to account for a cost increase on a previously selected Project.
OAG Reviewed 7'28,2022 -'
State of Good Repair (SGR) Paving
Project estimate, schedule, and commitment to funding are subject to the requirements
established in the CTB's State of Good Repair Program Prioriti_ation Process Methodology, the
Code of Virginia, and VDOT's Instructional and Ir formational Memoranda.
Projects receiving funding under this program must be advertised within twelve months of award
funding or be subject to deallocation. In the event the Project is not advanced to the next phase
of construction.. the LOCALITY may be required, pursuant to § 33.2-214 of the Code of
Virginia, to reimburse the Department for all state and federal funds expended on the Project.
This Project has been selected through the State of Good Repair application and selection
process and will remain in the SYIP as a funding priority. Pursuant to the CTB's State of Good
Repair Program Prioritization Process Methodology, this Project will be re-scored and/or the
funding decision re-evaluated if any of the following conditions apply: a change in the scope, an
estimate increase, or a reduction in the locally/regionally leveraged funds. Applications may not
be submitted in a subsequent annual State of Good Repair prioritization cycle for the same
roadway segment to account for a cost increase on a previously selected Project.
Economic Access
This Project shall be administered in accordance with VDOT's most current Economic
Development Access Program Guide.
Airport Access
This Project shall be administered in accordance with VDOT's most current Airport Access
Program Guide.
Recreational Access
This Project shall be administered in accordance with VDOT's most current Recreational Access
Program Guide.
Authorized Locality Official Signature and Date
Printed Name of Locality Official
OAG Reviewed 7 28 2022 3
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of November 2023.
No. 42817-110623.
AN ORDINANCE to appropriate funding from the Virginia Opioid Abatement
Authority and the National Opioid Settlement for community-based opioid abuse
programs, amending and reordaining certain sections of the 2023-2024 Grant Fund
Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2023-2024 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Program Activities 35-300-9152-2066 $ 105,927
OAA Distribution Funds 35-300-9152-2866 252,867
Cooperative Grant— Collective
Response Funding 35-300-9352-2966 500,000
Revenues
National Opioid Settlements —
3rd Party 35-300-9152-9153 $ 105,927
Opioid Abatement Authority—
State FY24 35-300-9152-9152 252,867
Opioid Abatement Authority—
Regional Projects FY24 35-300-9352-9352 500,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
ROANOKE CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 6, 2023
Subject: Appropriation of funds from the Virginia Opioid Abatement Authority and
National Opioid Settlement.
Background:
The Opioid Abatement Authority (OAA) was established by the Virginia General Assembly in
2021 as an independent entity to abate and remediate the opioid epidemic in the
Commonwealth and is financially supported by the Virginia Opioid Abatement Fund, supported
by major opioid settlements. The OAA offers grants for localities and cooperative
partnerships.
Guided by the City's adopted Five Year Opioid Settlement Plan, the City successfully applied
for funding from the Virginia OAA. The City was awarded an individual distribution grant
covering all the City's available funding for FY23 and FY24 including the 25% Incentive for
following the Gold Standard. In total that individual distribution amount was $252,867. The
City in partnership with Roanoke County applied for and received a Cooperative Partnership
grant to support the Roanoke Valley Collective Response. The total for that funding was
$500,000.
The City will also receive direct payments for settled litigation from distributors and
manufacturers as compensation for their roles in the opioid epidemic. The City expects to
receive $105,927 in FY24 in Direct Distributions. By following the Virginia OAA's Gold
Standard, the City is committed to utilizing these funds solely for the purposes of opioid
abatement.
Considerations:
The City has worked with the Roanoke Valley Collective Response and other partners in the
region in developing the adopted Five-Year Opioid Settlement Plan. The funding received as
an individual distribution grant along with the funding from the opioid settlements that were
disbursed directly to the City of Roanoke will be focused on implementing the projects
described in the adopted Five-Year Opioid Settlement Plan. Likewise, the Cooperative
Partnership grant will fund the Roanoke Valley Collective Response as described in the five-
year plan.
Recommended Action:
Appropriate the the individual distribution in the amount of $252,867, and the cooperative
partnership grant in the amount of $500,000 as awarded by the Virginia Opioid Abatement
Authority along with FY24 Direct Settlement Distributions in the amount of$105,927. Adopt a
budget ordinance to allow these funds to be used in support of the Five-Year Opioid Settlement
Plan.
Bob Cowell, City Manager
Distribution:
Robert S. Cowell, Jr., City Manager
Timothy R. Spencer, City Attorney
Robert Natt, Director, Roanoke Valley Collective Response
0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 o 0 0 0 0 0
co ,n 0 co 0 0 Ln Co 0 0 0 0 0
N Ln d O ut CO N O O 0 Ln Ln
co u7 v] N to 0 Ln 0 ln
N W .--1 uy N J N. .-4 to L
O Q .-i 0 4 m d
N M- N F-
>' O Vs vt V} V} to in LL Or V} V} V} V}
U. I-
0 0 0
to0 00
O-4 00 00 0-4 0 0
O O O
Q} d N COLC) 0 ON 0
N N m N O 0 .--i
N N
LL VT -V} VT V} LL V} V} V}
0 0 0
0 0 .-i 0 0 0
trj O O O
N. .Zr N m n 0 N O
oN 00 -
N N
} VT V} V} V} U. V} V} V}
LL
0 0 0 0 0 0 0
0
� 00 0 0 00 0
O 0 O
1D and com N 0 O 0 O
N r•1 fn N to N O
O 0 .--i
N N
LL VT ttt V} V} >- V} V} V}
LL
0 0 0 0 0 0 0
� 00 0 0 0
N 0 0
0 6 0
0N N N N N 0 0 0
c cc s
cL N N
N LL VT V} V} V} LL I.A. V} V}
a
C
7 0 0 0 0 0 0 0 0 0 0
LL O O O 0 0 O O O O 0
+, -4 0 0 0 0 o o . o O
Lri
N N oni tD d- OLn N co N 0 Ui6 6 Ui
E N .--i to
Co N N
I
M
d
on CC
C u
N
at: C..): C
H a ._ O
C
ca U. c c
• a CO
c o .- c -
a co a N co c
O L C7 O U' 7
Q Ncc 7
coCJ
0 E S '�7-, 67 C
U O d O Op. E
• C7 O O
N o.co to cn w ro v cc CC 0L.
C cj N C ccv ' + > +,
C, a m 'v m M m '0 M
L VI L Q✓ L 6n 4/ L
Q L a 2 O t! tt
X d C no 15 pp 0 UO
w 7 CO C [r d C U C
ao 0 Q ,C o �+ C C C c
'L ` ? V i (73 R 03
0 F m ! t7 CL C7 CL
= C +-' a m �2 a/ a C) C)
r C7 6' C ad a › 7 7
U d , !o C_ 15 ti 7-4 7 74
t' v, CJ C d J C C! C) CJ CJ
�o a a a a
mO0OO. 7 C cm a
n 0
d Q U >.
3 cc U t..) U U
IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA
The 6th day of November 2023.
No. 42818-110623.
AN ORDINANCE providing for the acquisition of additional real property rights needed
by the City in connection with the Greenway Connection to Riverland Road/Star Trail Parking
Lot Improvements Project; authorizing City staff to acquire such property rights by negotiation;
authorizing the City Manager to execute appropriate acquisition documents; and dispensing with
the second reading of this Ordinance by title.
WHEREAS, the City wants and needs certain additional real property rights for the
Greenway Connection to Riverland Road/Star Trail Parking Lot Improvements Project
("Project"), located in the City of Roanoke in real property owned by Appalachian Electric
Power, Robert Kennedy, Zimmerman Properties, Inc., and the Western Virginia Water
Authority, such rights to include permanent easements of variable length and width, as set forth
in the City Council Agenda Report to this Council dated November 6, 2023.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. The proper City officials and City staff are hereby authorized to acquire by
negotiation the necessary real property interests and appropriate ancillary rights with respect to
the parcels of real property owned by Appalachian Electric Power, Robert Kennedy, Zimmerman
Properties, Inc., and the Western Virginia Water Authority, referred to in the above mentioned
Agenda Report, for the purposes described in the above mentioned Agenda Report, for such
consideration as the City Manager may deem appropriate. All requisite documents shall be
approved as to form by the City Attorney.
2. The City Manager is further authorized to execute appropriate acquisition
documents for the above mentioned real property interests needed by the City for such
consideration as deemed appropriate, provided, however, the total consideration offered or
expended, including costs, title search fees, appraisal costs, recordation fees, and other related
costs shall not exceed the funds available in the Project account for such purposes, without
further authorization of Council. Upon the acceptance of any offer and upon delivery to the City
of appropriate acquisition documents, approved as to form by the City Attorney, the Director of
Finance is authorized to pay the respective consideration to the owners of the real property
interests conveyed, certified by the City Attorney to be entitled to the same.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
ATTEST:
V-4.,&4r
City Clerk.
ROANOKE CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 6, 2023
Subject: Acquisition of Real Property Rights for the Greenway Connection to
Riverland Road/Star Trail Parking Lot Improvements.
Background:
The Greenway Connection to Riverland Road / Star Trail Improvements project includes the
installation of a shared use path, curb, gutter, and storm drainage along the 1200 block of
Riverland Road. The Star Trail Parking Lot Improvements includes the rehabilitation of the
existing parking lot to include the installation of asphalt, curb/gutter, storm drainage, storm
water quality BMP, and overhead lighting. The project is funded through a Virginia Department
of Transportation Regional Surface grant.
In order to construct, operate, and maintain the proposed improvements, the City will need to
acquire real property rights from Appalachian Electric Power Company, Robert Kennedy,
Zimmerman Properties, Inc. and the Western Virginia Water Authority.
Considerations:
City Council action is necessary to authorize the acquisition of real property rights needed for
the Greenway Connection to Riverland Road / Star Trail Parking Lot Improvements. The real
property rights needed are outlined below but are subject to minor variation of location and
extent pending final engineering design details.
Funding for acquisition of these real property rights will be available in project account 08-530-
9051 Greenway Connection — Riverland Road.
Tax Map Address Owner Required Property Rights
Parcel
Number
4250101 1228 Riverland Road, Appalachian Permanent Drainage Easement /
SE Electric Power Temporary Construction Easement
Company
4250102 0 Riverland Road, SE Appalachian Permanent Drainage Easement /
Electric Power Temporary Construction Easement
Company
4360102 0 Riverland Road, SE Appalachian Permanent Drainage Easement /
Electric Power Temporary Construction Easement
Company
4250103 1270 Riverland Road, Robert Kennedy Permanent Drainage Easement /
SE Temporary Construction Easement
4360115 0 Garden City Blvd, SE Zimmerman Fee Simple
Properties, Inc.
14180104 1135 Riverland Road, Western Virginia Permanent Access Easement /
SE Water Authority Temporal Construction Easement
Recommended Action:
Authorize the acquisition of any and all real property rights needed to construct the proposed
Greenway Connection to Riverland Road / Star Trail Improvements project, including but not
limited to the specific property rights identified in this City Council Agenda Report, by
negotiation and execution of the appropriate acquisition documents by the City Manager, such
documents to be approved as to form by the City Attorney.
Bob Cowell, City Manager
Distribution:
Council Appointed Officials
Samuel Roman, Assistant City Manager
Amelia Merchant, Deputy Director of Finance
Ross Campbell, P.E., Director of Public Works
Luke Pugh, P.E., City Engineer
, r � s
i .€. c>
E -o
0
o
w
� cr.)
is e--, y0.
N o
I
4,6
o
...
c
0
0 0
o
r
Y
y,L
CIA Z
o j U
//��'n
•
rn
V,
a
`v
Cr
S
$, `>:
_ ;•
0(3)
-c) , z-, , / .,,,_,.... -- ,
CZ
L p '
I
\ �_
"'
SGt0 Y
0
vCL) ' '1,117.0 - �N.
CD U � �
fix" (Ni
0
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of November 2023.
No. 42819-110623.
AN ORDINANCE directing the City Treasurer to refund Carilion Patient Transportation
Services, LLC ("Taxpayer"), the principal amount of$120,914.32, together with interest at the
rate of 10% from the date such taxes were paid, as a result of the erroneous assessment of certain
taxes.
WHEREAS, Section 58.1-3981, Code of Virginia, provides that upon certification by the
Commissioner of Revenue, with the consent of the City Attorney, City Council shall direct the
City Treasurer to refund any excess amounts previously paid by a taxpayer as a result of an
erroneous assessment, regardless of fault;
WHEREAS, Taxpayer is a business engaged in the business of providing non-emergency
and emergency medical transportation, including air ambulance transportation, and as a result of
an erroneous assessment of certain taxes through no fault of the Commissioner of Revenue,
overpaid the City Treasurer the principal amount of$120,914.32 in certain taxes; and
WHEREAS, the Commissioner of Revenue, together with the consent of the City
Attorney and the Director of Finance, has certified that such payment was made by Taxpayer due
to an erroneous assessment, and recommends that City Council adopt this ordinance directing the
City Treasurer to refund Taxpayer the principal amount of$120,914.32, together with interest at
the rate of ten percent (10%) from the date such taxes were paid.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Treasurer is hereby directed to refund Carilion Patient Transportation,
LLC, the principal amount of$120,914.32, together with interest at the rate of ten percent (10%)
from the date such taxes were paid, as a result of the erroneous assessment of certain taxes.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
044-tit-gt•-) J-'
City Clerk.
ROANOKE CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 6, 2023
Subject: Refund of Erroneously Assessed Taxes Previously Paid By Carilion Patient
Transportation, LLC.
Background:
As background, Section 58.1-3981, Code of Virginia, provides that upon certification by the
Commissioner of Revenue and the City Attorney, City Council is required to direct the City
Treasurer to refund any amounts previously paid by a taxpayer as a result of an erroneous
assessment. Under applicable law, a refund is required to be issued with interest at the rate of
10% regardless of whether the error was the fault of the taxpayer or the assessing official. The
Taxpayer filed an appeal with the Commissioner of Revenue for a refund of certain taxes it
previously paid the City Treasurer as a result of an erroneous assessment due to no fault of
the Commissioner of Revenue. The Commissioner of Revenue and my office have reviewed
the appeal and the information submitted by Taxpayer in support of its appeal and found the
refund to be proper and in order. I previously submitted a copy of the certification authorizing
the refund to Taxpayer endorsed by the Commissioner or Revenue, Director of Finance and
myself to each of you under separate cover. Due to confidentiality of the taxpayer information
contained therein which is protected from disclosure pursuant to Section 58.1-3, Code of
Virginia, this certification is not being enclosed with this report.
Recommended Action:
For the aforementioned reasons, I recommend that City Council adopt the attached ordinance
directing the City Treasurer to refund the Taxpayer the principal amount of $120,914.32,
together with interest at the rate of 10% from the date such taxes were paid, as a result of the
erroneous assessment of taxes, pursuant to Section 58.1-3981, Code of Virginia.
Timothy Spencer, City Attorney
Distribution:
Ryan LaFountain, Commissioner of the Revenue
Evelyn Powers, City Treasurer
Robert S. Cowell, Jr., City Manager
W. Brent Robertson, Assistant City Manager/Director of Finance
Amelia Merchant, Deputy Director of Finance
Drew Harmon, City Auditor
David L. Collins, Senior Assistant City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 6th day of November 2023.
No. 42820-110623.
A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the
Annual Business Meeting of the NLC City Summit.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Honorable Vivian Sanchez-Jones, Council Member,is hereby designated Voting
Delegate on behalf of the City of Roanoke,Virginia, for the Business Meeting for the Annual NLC
City Summit to be held on Saturday,November 18, 2023, in Atlanta, Georgia.
2. The Honorable Peter J. Volosin, Council Member, is hereby designated Alternate
Voting Delegate on behalf of the City of Roanoke,Virginia,for the Business Meeting for the Annual
NLC City Summit to be held on Saturday,November 18, 2023, in Atlanta, Georgia.
3. The City Clerk is directed to take any action required by the NLC with respect to
certification of the City's official Voting Delegate and Alternate Voting Delegate.
ATTEST:
City Clerk.
ofR0
�, ,-rt4 CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue,S.W.,Room 456
'rt1 r Roanoke,Virginia 24011-1536
} Telephone: (540)853-2541
Fax: (540)853-1145
E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC
CECELIA F.MCCOY,CMC
City Clerk Deputy City Clerk
RUTH VISUETE PEREZ
Assistant Deputy City Clerk
November 7, 2023
Betty Whittaker
4799 Long Acre Drive, N. E.
Roanoke, Virginia 24019
Dear Ms. Whittaker:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
November 6, 2023, you were appointed as a member of the Roanoke Neighborhood Advocates to fill the
unexpired term of office of Jamaal Jackson ending September 30, 2025.
Enclosed you will find a Certificate of your appointment and two copies of an Oath or Affirmation of Office
form. Below are the next steps:
1. Please take both copies of the form to the Clerk of the Circuit Court of the City of Roanoke to
have the oath administered. It is located on the third floor of the Roanoke City Courts Facility,
315 Church Avenue, S. W.The Clerk of the Circuit Court office will keep a copy on file.
2. Please request from the Clerk of Circuit Court to send one copy of the Oath or Affirmation of Office
form to the City Clerk's Office.
The Oath or Affirmation of Office form must be completed prior to serving in the capacity to which you
were appointed. The deadline to submit your oath is November 30, 2023.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia
Freedom of Information Act (transmitted via email). 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 Neighborhood Advocates.
Sincerely, y� _
6e"it;ti 41/
Cecelia F. McCoy, CMC
City Clerk
Enclosures
pc: Molly Hunter, Board Secretary, Roanoke Neighborhood Advocates, with application
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Cecelia F. McCoy, 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 sixth day of November 2023, BETTY WHITTAKER, was appointed as a
member of the Roanoke Neighborhood Advocates to fill the unexpired term of office of
Jamaal Jackson ending September 30, 2025.
Given under my hand and the Seal of the City of Roanoke this seventh day of
November 2023.
etc.eit;ci (02e-d44/-
City Clerk
Ott 1/444b
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 T.WEBB,CMC
CECELIA F.MCCOY,CMC
City Clerk Deputy City Clerk
RUTH VISUETE PEREZ
Assistant Deputy City Clerk
November 7, 2023
Sharon Toliver-Hardy
35 Frances Drive, N. W.
Roanoke, Virginia 24017
Dear Ms. Toliver-Hardy:
At a regular meetingof the Council of the Cityof Roanoke which was held on Monday,
November 6, 2023, you were appointed as a member of the Human Services Advisory Board to fill the
unexpired term of office of LaKeevia Sinkford ending November 30, 2026.
Enclosed you will find a Certificate of your appointment and two copies of an Oath or Affirmation of Office
form. Below are the next steps:
1. Please take both copies of the form to the Clerk of the Circuit Court of the City of Roanoke to
have the oath administered. It is located on the third floor of the Roanoke City Courts Facility,
315 Church Avenue, S. W.The Clerk of the Circuit Court office will keep a copy on file.
2. Please request from the Clerk of Circuit Court to send one copy of the Oath or Affirmation of Office
form to the City Clerk's Office.
The Oath or Affirmation of Office form must be completed prior to serving in the capacity to which you
were appointed. The deadline to submit your oath is November 30, 2023.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia
Freedom of Information Act (transmitted via email). 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 Human Services Advisory Board.
Sincerely, 1
6_e_elt;td j": (177-t-
Cecelia F. McCoy, CMC U
City Clerk
Enclosures
pc: Jennifer Sorrels, Board Secretary, Human Services Advisory Board, with application
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Cecelia F. McCoy, 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 sixth day of November 2023, SHARON TOLIVER-HARDY, was
appointed as a member of the Human Services Advisory Board to fill the unexpired term
of office of LaKeevia Sinkford ending November 30, 2026.
Given under my hand and the Seal of the City of Roanoke this seventh day of
November 2023.
(24.e.z12;u
City Clerk
CITY OF ROANOKE
;r OFFICE OF THE CITY CLERK
r4 215 Church Avenue,S. W.,Room 456
�� ;`` Roanoke,Virginia 24011-1536
' i1 '/ Telephone: (540)853-2541
Fax: (540)853-1145
E-mail: clerk@roanokeva.gov
CECELIA F.MCCOY,CMC CECELIA T.WEBB,CMC
City Clerk Deputy City Clerk
RUTH VISUETE PEREZ
Assistant Deputy City Clerk
November 7, 2023
Ray Shanks
Roanoke, Virginia
Dear Sergeant Shanks:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
November 6, 2023, you were appointed as a member (law enforcement) of the Towing Advisory Board to
replace Deputy Chief David Morris for a three-year term of office commencing November 1, 2023 and
ending October 31, 2026.
Enclosed you will find a Certificate of your appointment and two copies of an Oath or Affirmation of Office
form. Below are the next steps:
1. Please take both copies of the form to the Clerk of the Circuit Court of the City of Roanoke to
have the oath administered. It is located on the third floor of the Roanoke City Courts Facility,
315 Church Avenue, S. W. The Clerk of the Circuit Court office will keep a copy on file.
2. Please request from the Clerk of Circuit Court to send one copy of the Oath or Affirmation of Office
form to the City Clerk's Office.
The Oath or Affirmation of Office form must be completed prior to serving in the capacity to which you
were appointed. The deadline to submit your oath is November 30, 2023.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia
Freedom of Information Act (transmitted via email). 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 Towing Advisory Board.
Sincerely,
6"--41-4;& (1724--
Cecelia F. McCoy, CMC
City Clerk
Enclosures
pc: Tina Platz, Board Secretary, Towing Advisory Board, with application
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Cecelia F. McCoy, 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 sixth day of November 2023, RAY SHANKS, was appointed as a member
of the Towing Advisory Board to replace Deputy Chief David Morris for a
three-year term of office commencing November 1, 2023 and ending October 31, 2026.
Given under my hand and the Seal of the City of Roanoke this seventh day of
November 2023.
�.1�teQce� Cd
City Clerk