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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. 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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