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HomeMy WebLinkAboutCouncil Actions 12-16-24 COBB 43106-121624 City of Roanoke, Virginia II Wrq CITY COUNCIL December 16, 2024 ROANOKE 2:00 PM City Council Chamber 215 Church Avenue, SW AGENDA The City of Roanoke is a safe, caring and economically vibrant community in whichto live, learn, work, play and prosper. A vibrant urban center with strong neighborhoods set amongst the spectacular beauty of Virginia's Blue Ridge. NOTICE: City Council meetings will be televised live and replayed on RVTV Channel 3 on Thursdays at 7:00 pm, and Saturdays from 10:00 am to 5:00 pm; and video streamed through Facebook Live atfacebook.com/RoanokeVa. City Council meetings are offered with closed captioning for the deaf or hard of hearing. 1. CALL TO ORDER- ROLL CALL Council Member Fitzpatrick was absent. The Invocation was delivered by The Reverend Carter Mundy, Pastor,Redemption Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome ANNOUNCEMENTS: 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Brown Edwards Presentation, John Aldridge Mr. Aldridge provided an update on the City audit. Recognition of ParkRoanoke The Mayor recognized the ParkRoanoke staff for theiraccomplishments. Recognition of Ms. Virginia Withdrawn 3.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 Interim City Manager for response, recommendation or report to City Council. David Hoopes, 1439 Varnell Avenue, NE, appeared before the Council and spoke with regard to illegal parking in bike lanes and safety. 4. CONSENT AGENDA: APPROVED (6-0) All matters listed under the Consent Agenda are considered to be routine by the Members of the 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 removedfrom the Consent Agenda and considered separately. C-1. A communication from the City Clerk advising of the resignation of Phazhon Nash as a member of the Equity and Empowerment Advisory Board,effective December 31, 2024. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C-2. A communication from the City Clerk advising of the resignation of Natasha Saunders-Cotton as a member of the Roanoke City School Board,effective December 31, 2024. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C-3. A communication from the City Clerk advising of the resignation of Lutheria Smith as a member of the Visit Virginia's Blue Ridge Board of Directors, effective December 15,2024. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C-4. A communication from Mark Chadwick, Chief Executive Officer, Blue Ridge Behavioral Healthcare, requesting that Council ratify the reappointment of Bobby Russell as an at-large member of the Blue Ridge Behavioral Healthcare, Board of Directors, commencing January 1, 2025, and ending December 31, 2027. RECOMMENDED ACTION: Concurred in the request. C-5. A communication from Mark Chadwick, Chief Executive Officer, Blue Ridge Behavioral Healthcare, requesting that Council ratify the reappointment of Michael Waldvogel as an at-large member of the Blue Ridge Behavioral Healthcare, Board of Directors, commencing January 1, 2025, and ending December 31, 2027. RECOMMENDED ACTION: Concurred in the request. C-6. Reports of qualification of the following individuals: Natesha Ross as a member of the Roanoke Public Library Board to replace Dorothy Yancey for a term of office ending June 30,2027; Betty Jean Wolfe as a member of the City Planning Commission to replace Sarah Glenn for a four-year term of office commencing January 1, 2025,and ending December 31,2028; Adetoye Oshoniyi as a member of the City Planning Commission to replace James Smith for a four-year term of office commencing January 1, 2025, and ending December 31, 2028; Michael Waldvogel as a member of the Blue Ridge Behavioral Healthcare, Board of Directors for a three-year term of office, commencing January 1,2025, and ending December 31,2027; Lianiz Cuevas as a member of the Youth Services Citizen Board for a term of office ending June 30, 2025; and Cedric Wilson and Bethany Lackey as members of the Human Services Advisory Board for four-year terms of office, each, commencing December 1, 2024, and ending November 30, 2028. RECOMMENDED ACTION: Received and filed REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE 6. PETITIONS AND COMMUNICATIONS: NONE 7. REPORTS OF CITY OFFICERS: INTERIM CITY MANAGER: BRIEFINGS: Monthly Finance and Budget Report November 2024 - Margaret Lindsey, 15 minutes Received and filed. ITEMS RECOMMENDED FOR ACTION: Appropriation of Funding for Medical Eligibility Workers and Authorization of Contract between City of Roanoke and Carilion Medical Center. Adopted Ordinance No. 43106-121624.(6-0) COMMENTS OF THE INTERIM CITY MANAGER. The Interim City Manager offered the following comments: Homeless Assistance Team Although we have two more weeks in the calendar year, I would like to bring to your attention the City's Homeless Assistance Team. They have housed just shy of 300 individuals (294) in the city this year. I am sure they will house over 300 by the end of the year. CITY ATTORNEY: Request to Approve Agreement to Acquire Roanoke Official Tax Map Nos.3090215, 3090216, 3090217, 3090218 and 3090237 for Construction of Fire Station No.2. Adopted Ordinance No. 43107-121624. (6-0) 8. REPORTS OF COMMITTEES: Presentation of the Equity and Empowerment Advisory Board Annual Report. Angela S. Penn, Chair, Equity and Empowerment Advisory Board. Received and filed. Comments on certain Authorities, Boards, Committees and Commissions in which City Council serve as liaisons or appointees. None 9. UNFINISHED BUSINESS: NONE 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: An ordinance to re-appoint the City Attorney, City Clerk and Municipal Auditor fora term of office ending September 30,2026. Matter tabled until the 7:00 pm meeting. A resolution electing and appointing Kelvin C. Bratton as the Director of Real Estate Valuation for the City of Roanoke. Adopted Resolution No. 43109-121624.(6-0) 11. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Vice-Mayor Cobb moved that the Council convene in a Closed Meeting to discuss a personnel matter, being the performance of a Council-Appointed Officer, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. (6-0) Vacancies on certain authorities, boards, commissions and committees appointed by Council. None 12. RECESSED - 2:58 PM THE CITY COUNCIL MEETING WILL STAND IN RECESS; AND THEREAFTER RECONVENE AT 7:00 pm, IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. City of Roanoke, Virginia CITY COUNCIL IPATewidai 7:00 PM ROA N O K E City Council Chamber 215 Church Avenue, SW 13. CALL TO ORDER- ROLL CALL. All Present. The Invocation was delivered by The Reverend Vannie Harrell, Lead Pastor,Church Alive International. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome 14. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of the 2024 Citizen of the Year Adopted Resolution No. 43110-121624.(7-0) The Mayor recognized W. Heywood Fralin as the 2024 Citizen of the Year and presented him with a ceremonial copy of the Resolution, Key to the City and personal plaque. Update on the Fralin Biomedical Research Institute Withdrawn Presentation honoring the service of Council Member Beverly T. Fitzpatrick, Jr. Mayor Lea presented a City gift to Council Member Fitzpatrick. Adoption of resolutions honoring Outgoing City Council Members Adopted Resolution No. 43111-121624 paying tribute to Stephanie Moon Reynolds. (6-0) Mayor Lea presented a ceremonial resolution, Key to the City and City giftto Council Member Moon Reynolds. Adopted Resolution No. 43112-121624 paying tribute to Trish White-Boyd.(6-0) Mayor Lea presented a ceremonial resolution, Key to the City and City gift to Council Member White-Boyd. Adopted Resolution No. 43113-121624 paying tribute to Mayor Sherman P. Lea,Sr. (6-0) Vice-Mayor Cobb presented a ceremonial resolution and City gift to Mayor Lea. 15. PUBLIC HEARINGS: Tax Exemption Request for Real Property owned by 530 Day, LLC and 1018 Patterson, LLC (Restoration Housing). Adopted Ordinance No. 43114-121624.(7-0) Tax Exemption Request for Personal Property Owned by Behavioral Health Navigators, Inc. Ordinance defeated (0-7) 16. OTHER BUSINESS: A resolution naming the community room at Fire Station No 5 in honor of the City's first African-American Fire Chief, Rawleigh Quarles. Adopted Resolution No. 43115-121624.(7-0) An ordinance to re-appoint the City Attorney, City Clerk and Municipal Auditor for a term of office ending September 30,2026. Matter tabled at the 2:00 pm meeting until the 7:00 pm meeting.Adopted Ordinance No. 43108-121624. (7-0) 17. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. If deemed appropriate, matters will be referred to the Interim City Manager for response, recommendation or report to the Council. James Lynch, City resident, appeared before the Council and requested that the Council rename Eureka Park recreation center in honor of Mr. Brown and Ms. Keeling, community leaders who worked at the recreation center. Emily Kate Coenhaver, 2218 Windsor Avenue, SW, appeared before the Council and spoke with regard to the Virginia Harm Reduction Coalition and expressed hope to work with the organization and urged the Council to appoint Danny Clawson as an Interim City Council member. Samantha Newell, 5167 Wipledale Avenue, SW, appeared before the Council and suggested that Council appoint Danny Clawson as an Interim City Council member. Mayor Lea wished everyone a happy holiday season and a very prosperous New Year and announced that it was a pleasure to serve as Mayor of the City of Roanoke from 2016 to 2024. ADJOURNED - 8:59 PM ltirv- �'* _ CITY OF ROANOKE . OFFICE OF THE CITY CLERK ' : 1-,31„ . ' 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 ' `+c 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 December 16, 2024 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: This is to advise that Phazhon Nash has tendered his resignation as a member of the Equity and Empowerment Advisory Board, effective December 31, 2024. Sincerely, Cecelia F. McCoy, CMC City Clerk Phazhon T. Nash 12/05/2024] Equity and Empowerment Advisory Board Dear Members of the Equity and Empowerment Advisory Board, It is with a mixture of gratitude and a touch of sadness that I submit my resignation from the Equity and Empowerment Advisory Board, effective December 31, 2024. Serving on this board has been a profound honor. Together, we have made meaningful strides towards fostering equity and uplifting our marginalized communities. It has been a journey filled with inspiration, learning, and a deep sense of fulfillment. I am confident that the board will continue to champion the cause of justice and empowerment, and I look forward to witnessing all the incredible achievements that lie ahead. With warmest regards and best wishes for the future, Phazhon T. Nash ,434 * _1 �' CITY OF ROANOKE OFFICE OF THE CITY CLERK 4,4 -a+ 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 December 16, 2024 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: This is to advise that Natasha Saunders-Cotton has tendered her resignation as a Trustee of the Roanoke City School Board, effective December 31, 2024. Sincerely, Cecelia F. McCoy, CMC City Clerk Cecelia Webb From: Ruth Visuete Perez Sent: Wednesday, December 4, 2024 9:18 AM To: Cecelia Webb; Cecelia Mccoy Subject: FW: [EXTERNAL] Resignation Notification— Roanoke City School Board FYI: Please see below. Best regards, Ruth Visuete Perez Assistant Deputy City Clerk City Clerk's Office 215 Church Avenue, S.W. Suite 456 Roanoke,Virginia 24011 • 540-853-2541 ruth.visueteperez@roanokeva.ggov From: Natasha N. Saunders<NSaunders@rcps.info> Sent:Tuesday, December 3, 2024 5:20 PM To:City Clerk<City.Clerk@roanokeva.gov> Cc:Sherman Lea <sherman.lea@roanokeva.gov>;Trish White-Boyd<trish.white-boyd@roanokeva.gov>;Stephanie Moon<stephanie.moon@roanokeva.gov>;Vivian Sanchez-Jones<vivian.sanchez-jones@roanokeva.gov>;Beverly Fitzpatrick<Beverly.Fitzpatrick@roanokeva.gov>;Joseph L. Cobb<joseph.cobb@roanokeva.gov>; Peter Volosin <peter.volosin@roanokeva.gov>;V White<vwhite@rcps.info>; Elizabeth C.Jamison<ejamison@rcps.info>; Mary F.Apel <MApel@rcps.info>;Auraliz C. Quintana <AQuintana@rcps.info>; Deidre E.Trigg<Deidre.Trigg@rcps.info>; Michael L. Cherry.<MCherry@rcps.info>;Joyce W. Watkins<jwatkins@rcps.info>. Subject: [EXTERNAL] Resignation Notification—Roanoke City School Board CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Dear City Clerk McCoy, I hope this message finds you well. After careful consideration, I am writing to formally resign from my position as a member of the Board of Trustees for the Roanoke City School Board, effective December 31, 2024. Serving on the Board has been a tremendous honor, and I am deeply grateful for the opportunity to contribute to the work we've done in support of our students, educators, and families. However, due to personal commitments and professional obligations, I believe it is in the best interest of the Board and the school district that I step down from this role at this time. 1 I remain fully committed to the mission of Roanoke City Schools and will continue to support the work of the Board in any way I can. Thank you for your understanding. Please let me know if there is anything I can do to assist in ensuring a smooth transition. Sincerely, Natasha Saunders Member, Roanoke City School Board • AlOVICOit 10 { _ CITY OF ROANOKE = q -' ..-Y: OFFICE OF THE CITY CLERK ti' 215 Church Avenue,S.W.,Suite 456 . `;' : ' Roanoke,Virginia 24011-1536 N_.,. 'QJ 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 December 16, 2024 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: This is to advise that Lutheria Smith has tendered her resignation as a member of the Visit Virgnia's Blue Ridge, Board of Directors, effective December 15, 2024. Sincerely, Cecelia F. McCoy, CMC City Clerk Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, December 3, 2024 1:53 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Visit VA's Blue Ridge Board Best regards, Ruth Visuete Perez Assistant Deputy City Clerk City Clerk's Office 215 Church Avenue, S.W. Suite 456 Roanoke,Virginia 24011 540-853-2541 ruth.visueteperezftroa nokeva.gov From: Lutheria Smith<lutheria.smith67@gmail.com> Sent:Tuesday, December 3, 202412:22 PM To:City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Visit VA's Blue Ridge Board You don't often get email from lutheria.smith67@gmail.corn Learn why this is important CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Good afternoon, Ms. McCoy. I hope this email finds you well and excited about the new City Manager. It was nice to see you yesterday at the announcement. First, I would like to thank the members of Roanoke City Council for affording me the opportunity to serve our wonderful,All-American City as a member of the Board of Directors for Visit Virginia's Blue Ridge. Thus, I regret that I must resign from this position due to personal reasons. Please accept this email as my formal notification of my resignation effective December 15, 2024. It has been my honor to serve. Thank you again. Best regards, Lutheria Lutheria H. Smith, SPHR, SHRM-SCP 1 &~ ' qt.` CITY OF ROANOKE OFFICE OF THE CITY CLERK 3 `irri A * ; 215 Church Avenue, S.W., Suite 456 �' - . Roanoke,Virginia 24011-1536 � $ 'L• ;.f"� Telephone:(540)853-2541 ^f" 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 December 19, 2024 Mark Chadwick Chief Executive Officer Blue Ridge Behavioral Healthcare 301 Elm Avenue, S. W. Roanoke, Virginia 24016-4001 Dear Mr. Chadwick: Your communication recommending concurrence in the reappointment of Bobby Russell as an At-large representative of the Blue Ridge Behavioral Healthcare Board of Directors, for a term of office, commencing January 1, 2025, and ending December 31, 2027, was before the. Council of the City of Roanoke at a regular meeting which was held on Monday, December 16, 2024. On motion, duly seconded and unanimously adopted, Council concurred in the reappointment of Mr. Russell as abovereferenced. Sincerely,. Cecelia F. McCoy, CMC City Clerk Enclosure pc: Rhonda Perdue, Deputy Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 Laura Lee Harris, Deputy City Clerk, City of Salem, 114 North Broad Street, Salem, Virginia 24153 Celeste Parker, Deputy Clerk, Botetourt County Board of Supervisors, 57 S. Center Drive, Daleville, Virginia 24083 Dan Collins, Clerk to County Board of Supervisors, P. O. Box 308, New Castle Virginia 24127 • Blue Ridge =--� Behavioral Healthcare 7qopeSpokeo#ere Office of the CEO November 27, 2024 Dr. Lydia Pettis Patton Interim City Manager 215 Church Avenue SW Room 364 Roanoke, VA 24011 Dear Dr. Patton: According to our Board records, the second term of Bobby Russell as an at-large representative on the Blue Ridge Behavioral Healthcare Board of Directors will expire on December 31, 2024. This Board nominates it's at-large representatives, and asks the participating governing bodies to ratify those appointments. At our October 14, 2024 Board meeting, the Board unanimously endorsed Mr. Russell to serve a full term as an at-large member for which he is eligible according to Title § 37.2-502 of the Code of Virginia. We respectfully request that the Roanoke City Council ratify the reappointment of Mr. Russell for his third term, from January 1, 2025 through December 31, 2027. This request is being sent concurrently to administrators in each of our other four local governing bodies for their ratification of at-large members as called for in our By-laws. If I can be of assistance in this process or if you have any questions that I may be helpful with, please do not hesitate to contact me at 540-345-9841 at your convenience. Sincerely ] Mark Chadwick Chief Executive Officer C: The Honorable Sherman P. Lea, Sr., Mayor Executive Offices 301 Elm Avenue,SW Roanoke,VA.24016 (540)345-9841 Fax(540)345-6891 The Community Services Board serving the Cities of Roanoke and Salem,and the Counties of Botetourt,Craig,and Roanoke CITY OF ROANOKE 1ff 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 December 19, 2024 Mark Chadwick Chief Executive Officer Blue Ridge Behavioral Healthcare • 301 Elm Avenue, S. W. Roanoke, Virginia 24016-4001 Dear Mr. Chadwick: Your communication recommending concurrence in the reappointment of Michael Waldvogel as an At-large representative of the Blue Ridge Behavioral Healthcare Board of Directors, for a term of office, commencing January 1, 2025, and ending December 31, 2027, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, December 16, 2024. On motion, duly seconded and unanimously adopted, Council concurred in the reappointment of Mr. Waldvogel as abovereferenced. Sincerely, ."`14-: 11)16' e/ Cecelia F. McCoy,,CMC City Clerk Enclosure pc: Rhonda Perdue, Deputy Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 Laura Lee Harris, Deputy City Clerk, City of Salem, 114 North Broad Street, Salem, Virginia 24153 Celeste Parker, Deputy Clerk, Botetourt County Board of Supervisors, 57 S. Center Drive, Daleville, Virginia 24083 Dan Collins, Clerk to County Board of Supervisors, P. O. Box 308, New Castle Virginia 24127 Blue Ridge c Behavioral Healthcare I/opeSpoke'',f{ere Office of the CEO November 27, 2024 Dr. Lydia Pettis Patton , Interim City Manager 215 Church Avenue SW Room 364 Roanoke, VA 24011 Dear Dr. Patton: According to our records, Michael Waldvogel will complete a partial term as a representative of the City of Roanoke on the Blue Ridge Behavioral Healthcare Board of Directors on December 31, 2024. We have appreciated his dedication to our mission, and would very much like to have him continue to represent the City of Roanoke. Mr. Waldvogel has agreed to continue to serve on our board if Roanoke City Council chooses to reappoint him. Blue Ridge Behavioral Healthcare serves as the Community Services Board for the City of Salem and the City of Roanoke as well as for the Counties of Botetourt, Craig, and Roanoke. Community Services Board members are eligible for three full three-year terms according to Title 37.2-502 of the Code of Virginia. We respectfully request that Roanoke City Council reappoint Mr. Waldvogel for his first three-year term to begin January 1, 2025 and run through December 31, 2027. Mr. Waldvogel originally filled an unexpired term. If I can be of assistance in this process, or if you have any questions that I may be helpful with, please do not hesitate to contact me at 540-345-9841 at your convenience. Sincere) e ark Chadwick Chief Executive Officer C: The Honorable Sherman P. Lea, Sr., Mayor Executive Offices 301 Elm Avenue, SW 'Roanoke,VA 24016 (540)345-9841 Fax(540)345-6891 The Community Services Board serving the Cities of Roanoke and Salem,and the Counties of Botetourt,Craig,and Roanoke _ CITY OF ROANOKE "!- --- e' OFFICE OF THE CITY CLERK 1b.- ;„ 215 Church Avenue,S.W.,Suite 456 � Roanoke,Virginia 24011-1536 e- Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: elerk@roanokeva.gov T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk December 17, 2024 Sheila Umberger Board Secretary Roanoke, Virginia Dear Ms. Umberger: This is to advise you that Natesha Ross has qualified as a member of the Roanoke Public Library Board to replace Dorothy Yancey for a term of office ending June 30, 2027. Sincerely, 6 _el,f;4, 0 c o Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Natesha Ross, 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 Roanoke Public Library Board to replace Dorothy Yancey for a term of office ending June 30, 2027; according to the best of my ability. (So help me God.) N TESH ROSS The foregoing oath of office was taken, sworn to, and subscribed before me by Natesha Ross this 9,1 day of /J0.1&i \ Q -2024. Brenda S. Hamilton, Clerk of the Circuit Court By , Clerk i 0 . CITY OF ROANOKE �"'" =-t OFFICE OF THE CITY CLERK F 1 ' 215 Church Avenue,S.W.,Suite 456 ` :,`` Roanoke,Virginia 24011-1536 °,c1t015. 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 December 17, 2024 Emily Clark Board.Secretary Roanoke, Virginia Dear Ms. Clark: This is to advise you that Betty Jean Wolfe has qualified as a member of the City Planning Commission to replace Sarah Glenn for a four-year term of office commencing January 1, 2025, and ending December 31, 2028. Sincerely, 6teelt;e. J-; tOZe-d(Img' Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City`ofRoanoke,to-wit: _ - _ I, Betty Jean Wolfe, 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 City Planning Commission to replace Sarah Glenn for a four-year term of office commencing January 1, 2025 and ending December 31, 2028; according to the best of my ability. (So help me God.) BETT EAN WOL E The foregoing oath of office was taken, sworn to, and subscribed before me by Betty Jean Wolfe thi6?( day o'f,-11C(IXY1)0Q(024. Brenda S. Hamilton, Clerk of the Circuit Court Bkp - - lerk �' _ -_- _ OFFICE CITYOF OFTHE ROANCITYOKECLERK -' ' - --- r. f ; ° ,i 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 December 17, 2024 Emily Clark Board Secretary Roanoke, Virginia Dear Ms. Clark: This is to advise you that Adetoye Oshoniyi has qualified as a member of the City Planning Commission to replace James Smith for a four-year term of office commencing January 1, 2025, and ending December 31, 2028. Sincerely, et,ef....;,, .....4: C07-8-' 661' Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: ~� I, Adetoye Oshoniyi, 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 City Planning Commission to replace James Smith for a four-year term of office commencing January 1, 2025 and ending December 31, 2028; according to the best of my ability. (So help me God.) ADE P6YE IONI The foregoing oath of office was taken, sworn to, and subscribed before me by Adetoye Oshoniyi this" da y y' � y ofK°41tYttK 2024. Brenda S. Hamilton, Clerk of the Circuit Court �{, , Clerk .gyp. , N CITY OF ROANOKE " " OFFICE OF THE CITY CLERK 215 Church Avenue,S.W. Suite 456 ' , . \__. ;,a �/' Roanoke,Virginia 24011-1536 A r 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 December 17, 2024 Chasity Means Board Secretary Roanoke, Virginia Dear Ms. Means: This is to advise you that Michael Waldvogel has qualified as a member of the Blue Ridge Behavioral Healthcare, Board of Directors for a three-year term of office, commencing January 1, 2025, and ending December 31, 2027. Sincerely, 6e.c.ele: ,...047, CO-&65%-( - Cecelia F. McCoy, CMC , City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Michael Waldvogel, 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 Blue Ridge Behavioral Healthcare, Board of Directors for a three-year term of office, commencing January 1, 2025 and ending December 31, 2027; according to the best of my ability. (So help me God.) MICHAEL W LDVOGEL The foregoing oath of office was taken, sworn to, and subscribed before me by Michael Waldvog el day of WOV2riaof el this . Brenda S. Hamilton, Clerk of the Circuit Court B \ i LOLL- , Clerk . c, CITY OF ROANOKE OFFICE OF THE CITY CLERK ' A! 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 December 17, 2024 Helen Ferguson Board Secretary Roanoke, Virginia Dear Ms. Ferguson: This is to advise you that Lianiz Cuevas has qualified as a member of the Youth Services Citizen Board for a term of office ending June 30, 2025. Sincerely, CO/&el Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit:,_. _ _ I, Lianiz Cuevas, 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 Services Citizen Board for a term of office ending June 30, 2025; according to the best of my ability. (So help me God.) .�CLUt t 7_ 0. \-k2Q0.5 LIANIZ CUEVAS The foregoing oath of office was taken, sworn to, and subscribed before me _by Lianiz Cuevas this gay of\oVQf(2024. Brenda S. Hamilton, Clerk of the Circuit Court :owl �I/ 14. it 1 t1 , Clerk 1 0_ N CITY OF ROANOKE "0" - 4 OFFICE OF THE CITY CLERK 1� ;;0 { r 215 Church Avenue,S.W.,Suite 456 l '! 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 1 Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk December 17, 2024 Jennifer Sorrels Board Secretary Roanoke, Virginia Dear Ms. Sorrels: This is to advise you that Cedric Wilson has qualified as a member of the Human Services Advisory Board for four-year term of office, commencing December 1, 2024, and ending November 30, 2028. Sincerely, 6te-e-e-t.04, d-.7 "-e-d'jvit/- Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Cedric Wilson, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Human Services Advisory Board for a four-year term of office, commencing December 1, 2024 and ending November 30, 2028; according to the best of my ability. (So help me God.) CEDRIC WILSON The foregoing oath of office was taken, sworn to, and subscribed before me by Cedric Wilson this 7A day of , AT4— 2024. Brenda S. Hamilton, Clerk of the Circuit Court By / /P7p4 Clerk .„„.\\\ T CITY OF ROANOKE '!'"r-x -.= OFFICE OF THE CITY CLERK ,; 215 Church Avenue,S.W.,Suite 456 Ary,a. ° 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 December 17, 2024 Jennifer Sorrels Board Secretary Roanoke, Virginia Dear Ms. Sorrels: This is to advise you that Bethany Lackey has qualified as a member of the Human Services Advisory Board for four-year term of office, commencing December 1, 2024, and ending November 30, 2028. Sincerely, ezezic.-x, ,....47. coze-- do-4-1- Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Bethany Lackey, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Human Services Advisory Board for a four-year term of office, commencing December 1, 2024 and ending November 30, 2028; according to the best of my ability. (So help me God.) r TH' ACKEY The foregoing oath of office was taken, sworn to, and subscribed before me by Bethany Lackey this 2674 day of /s rK1/i 0,- 2024. Brenda S. Hamilton, Clerk of the Circuit Court By , Clerk Vie:`k 4k•i CITY OF ROANOKE EQUITY. COMMUNITY. EMPOWERMENT. CH • J oa•h :.. ., t ' FY 2025 November Monthly Budget Report December 16, 2024 City of Roanoke Department of Finance .mop"2:,,,',.7 Revenue Summary ROANOKE November 2024(Unaudited) FY 25 FY24 Actual YTD FY25 Current (Prior Year Council Adopted Budget,May 2024 Budget With FY25 Actual %of Budget Report) Amendments YTD Achieved General Property Taxes r , Real Estate Tax 58,576,520 122,220,000 122,220,000 63,913,173 52.3% Real Estate Tax District 547,680 1,151,000 1,151,000 572,076 49.7% Personal Property Tax 2,484,805 32,755,000 32,755,000 2,395,982 7.3% Public Service Tax 666,519 6,264,000 6,264,000 1,040 0.0% Penalties and Interest 894,264 3,180,000 3,180,000 1,116,688 35.1% Other Local Taxes , Sales Tax 1% 7,215,824 29,862,000 29,862,000 7,295,519 24.4% Consumer Utility Tax 3,148,437 8,983,000 8,983,000 3,840,026 42.7% Cigarette Tax 599,453 1,452,000 1,452,000 716,643 49.4% Recordation and Probate Taxes 427,142 1,701,000 1,701,000 469,920 27.6% Business&Occupational Licenses 427,585 17,412,000 17,412,000 336,480 1.9% Franchise Fees 60,257 400,000 400,000 75,450 18.9% Transient Occupancy 2,038,774 5,825,000 5,825,000 2,058,620 35.3% Motor Vehicle License 399,734 2,979,000 2,979,000 352,751 11.8% Admissions 325,886 1,097,000 1,097,000 423,661 38.6% Prepared Foods and Beverage 6,951,622 22,250,000 22,250,000 7,225,052 32.5% Bank Stock Taxes 21,596 1,842,000 1,842,000 7,971 0.4% Communications Tax 1,134,436 4,320,000 4,320,000 1,147,389 26.6% LOCAL TAX TOTAL Permits,Fees,and Licences 999,976 2,496,000 2,496,000 1,085,139 43.5% Fines and Forfeitures 241,894 717,000 717,000 199,334 27.8% Revenue From Use of Money&Property 1,667,833 1,750,000 1,750,000 1,972,622 112.7% Grants-in-Aid Commonwealth 21,319,903 88,888,000 90,103,339 14,985,489 16.6% Grants-In-Aid Federal Government - - - - N/A Charges for Services 5,045,062 20,503,000 20,503,000 4,886,480 23.8% Miscellaneous Revenue 426,067 851,000 851,000 256,643 30.2% Operating 398,022 38,000 38,000 14,081 37.1% Non-Operating - - - - N/A Miscellaneous - 170,000 170,000 98,515 58.0% NON-LOCAL TAX TOTAL GRAND TOTAL City of Roanoke Department of Finance Expenditure Summary ROANOKE November 2024(Unaudited) FY24 FY25 FY25 FY25 %of Target Adopted Budget, May Current Budget With 5 Months Actual YTD 2024 Amendments Actual YTD Budget 8.3%/mo Non-Departmental $ 50,298,958 $ 137,189,321 $ 139,589,602 $ 42,955,567 30.8% 41.5% Public Safety 38,190,536 87,676,511 88,839,655 30,734,903 34.6% 41.5% Health and Welfare 18,274,997 49,285,841 49,327,261 16,615,788 33.7% 41.5% Public Works 20,157,802 36,790,410 30,405,896 8,346,892 27.5% 41.5% General Government 16,098,409 32,093,188 42,704,913 13,442,130 31.5% 41.5% Parks, Recreation and Cultural 4,855,302 13,083,112 11,363,086 3,613,207 31.8% 41.5% Community Development 4,076,248 10,926,919 11,037,933 4,413,652 40.0% 41.5% Judicial Administration 4,321,383 12,060,698 12,094,415 4,174,149 34.5% 41.5% Total General Fund Expenditures $ 156,273,635 $ 379,106,000 $ 385,392,691 $ 124,296,288 32.3% 41.5% City of Roanoke �IVAIPIII� Department of Finance Expenditure Detail-Community Development ROANOKE November 2024(Unaudited) FY24 FY25 FY25 FY25 %of Target Adopted Budget, May Current Budget With 5 Months Actual YTD 2024 Amendments Actual YTD Budget 8.3%/mo Community Development Community Services 513,479 1,095,283 1,095,283 438,184 40.0% 41.5% Stategic Management&Administration 349,899 1,121,927 1,164,081 414,630 35.6% 41.5% Memberships and Affiliations 1,875,662 5,298,183 5,298,183 2,607,504 49.2% 41.5% Economic Development 956,472 3,315,785 3,361,812 929,399 27.6% 41.5% Virginia Co-operative Extension - 95,740 118,575 23,935 20.2% 41.5% Total General Fund Expenditures $ 3,695,512 $ 10,926,918 $ 11,037,933 $ 4,413,652 40.0% rCity of Roanoke Department of Finance - Expenditure Detail-Community Development ROANOKE November 2024(Unaudited) FY24 FY25 FY25 FY25 $ FY 25 Actual Target as a%of Adopted Budget,May Current Budget With Under(Over) Current 5 Months Actual YTD 2024 Amendments Actual YTD Budget Budget 8.3%/mo Community Development Stategic Management&Administration: 51002-Regular Employee Salaries $ 154,512 $ 617,731 $ 617,731 $ 119,991 $ 497,740 19.4% 41.5% 51003-Overtime Wages - - 228 (228) 100.0% 41.5% 51004-Temporary Employee Wages 6,194 26,848 28,636 535 28,101 1.9% 41.5% 51050-Salary Supplement 846 - - (231) 231 100.0% 41.5% 51053-Stipend 6,200 - - 5,800 (5,800) 100.0% 41.5% 51105-City Retirement 28,922 130,588 130,588 24,970 105,618 19.1% 41.5% 51117-401H Health Savings Match 745 6,177 6,177 589 5,588 9.5% 41.5% 51120-Fica 11,970 49,310 49,310 9,059 40,251 18.4% 41.5% 51125-Medical Insurance - 53,208 53,208 - 53,208 0.0% 41.5% 51126-Dental Insurance 909 2,718 2,718 920 1,798 33.9% 41.5% 51130-Life Insurance 2,101 8,278 8,278 1,503 6,775 18.2% 41.5% 51131-Disability Insurance 297 1,730 1,730 174 1,556 10.1% 41.5% 51182-HSA-ER 3,503 - 51180-Health Insurance Premium PPO-ER 7,056 - - 7,140 (7,140) 100.0% 41.5% 51185-Health Insurance Premium HSA-ER 6,408 - - 6,436 (6,436) 100.0% 41.5% 51183-Health Insurance Premium HRA-ER 883 - 52010-Fees For Professional Services 1,115 750 750 250 500 33.3% 41.5% 52015-Advertising 14,440 22,646 22,646 21,675 971 95.7% 41.5% 52021-Telephone-Cellular 8,902 23,807 23,807 5,774 18,033 24.3% 41.5% 52030-Administrative Supplies 3,277 15,591 15,591 1,721 13,870 11.0% 41.5% 52035-Expendable Equipment(<$5000) 7,927 - - 1,701 (1,701) 100.0% 41.5% 52040-Publications And Subscriptions 1,458 4,194 4,194 229 3,965 5.5% 41.5% 52042-Dues And Memberships 1,658 6,956 6,956 6,945 11 99.8% 41.5% 52044-Training And Development 13,403 15,014 15,014 7,590 7,424 50.6% 41.5% 52064-Wearing Apparel 63 3,218 3,218 153 3,065 _ 4.8% 41.5% 52075-Printing 712 2,699 2,699 - 2,699 0.0% 41.5% 52082-Records Management - 450 450 - 450 0.0% 41.5% 52118-P-Card Expense - - - 1,787 (1,787) 100.0% 41.5% 52134-Weed&Trash Abatement Program 53,687 - 40,366 71,419 (31,053) 176.9% 41.5% 52144-Business Meals And Travel 239 3,200 3,200 - 3,200 0.0% 41.5% 52160-Postage 5,140 17,190 17,190 - 17,190 0.0% 41.5% 52555-Technology Maintenance Contracts 804 109,624 109,624 - 109,624 0.0% 41.5% 57500-Demolition Of Structures 6,528_4 - - 18,274 (18,274) 100.0% 41.5% 69010-Vehicular Equipment - - - 99,998 (99,998) 100.0% 41.5% 349,899.00 $ 1,121,927 $ 1,164,081 $ 414,630 $ 749,450 35.6% 41.5% Council Member Questions and Thank you ! IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of December 2024. No. 43106-121624. AN ORDINANCE authorizing the Interim City Manager, or her designee, to execute a contract between the City of Roanoke ("City") and Carilion Medical Center ("Carilion") for the placement by the City of two Medicaid Eligibility Workers and a supervisor, at Carilion's request, onsite at the Department of Social Services; authorizing the Interim City Manager or her designee to execute any necessary documents required by such contract; and dispensing with the second reading of this Ordinance by title. NOW, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Interim City Manager or her designee is authorized to execute a contract between the City and Carilion Medical Center for placement by the City of two Medicaid Eligibility Workers, in addition to a supervisor, each of which to be employed , onsite at the offices of the Department of Social Services for the purpose of prioritizing long term care applications for patients of Carilion. The contract shall have an initial period of one year, subject to automatic renewal terms of one year each upon the mutual agreement of the parties, as more particularly described in the City Manager's Report dated December 16, 2024. Such contract shall be substantially similar in form to the aforementioned City Manager's Report. 2. The Interim City Manager, or her designee, is further directed to execute any additional documents that may be required in connection with the contract. All documents shall be approved as to form by the City Attorney. 3. The Interim City Manager, or her designee, is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding or with such project. 4. The following sections of the 2024-2025 Grant Fund Appropriations be, and the same are hereby, amended and re-ordained to read and provide as follows: Grant Fund: Appropriations: Salaries 235-1270-0000-51002-400059 $ 153,869 City Retirement 235-1270-0000-51105-400059 $ 26,200 401H Health Savings 235-1270-0000-51117-400059 $ 1,538 FICA 235-1270-0000-51120-400059 $ 11,763 Medical Insurance 235-1270-0000-51125-400059 $ 21,312 Dental Insurance 235-1270-0000-51126-400059 $ 996 Life Insurance 235-1270-0000-51130-400059 $ 2,014 Disability Insurance 235-1270-0000-51131-400059 $ 431 Revenues: Outstationed Eligibility Worker- State 235-1270-0000-40122-400059 $ 206,381 Outstationed Eligibility Worker- Carilion 235-1270-0000-40125-400059 $ 11,742 5. Pursuant to Section 12 of the Charter of the City of Roanoke, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 6e.t.e1-4; c112.-61 City Clerk. City Manager's Report IOW' Submitted by: Gwendolyn C. Coleman, Director Department of Human/Social Services ROAN O KE December 16, 2024 Title: Appropriation of Funding for Medical Eligibility Workers and Authorization of Contract between City of Roanoke and Carilion Medical Center. Background: On February 20, 2013, the City of Roanoke, on behalf of its Department of Social Services (DSS) and Carilion Medical Center (CMC), entered into an agreement to establish an Outstationed Eligibility Worker (OEW) position through the DSS to be placed at CMC. The OEWs accept Medicaid applications and to make determinations of eligibility or ineligibility for applicants who are patients of CMC. CMC desires that OEWs be onsite in order to facilitate eligibility determination for patients awaiting discharge from the hospital to a long-term care facility. The local Department of Social Services was informed by the Virginia Department of Social Services that the OEWs were not permitted to process long-term care Medicaid applications. The OEW staff shifted from processing long-term care Medicaid applications to completing Medicaid applications for patients at CMC. On or about October 7, 2021, the City and Carilion Medical Center proposed entering into a new agreement to continue with the placement of OEWs at CMC's Roanoke Memorial Hospital for this purpose. The proposed agreement was for an initial term of two (2) years, subject to two (2) additional and successive renewal terms for two (2) years each, with four OEW positions as well as an onsite supervisor. The agreement could be terminated at any time by either party upon sixty days' written notice to the other party. Considerations: In 2024, the Department of Social Services and Carilion Medical Center met to review the terms of the agreement. The Department of Social Services noted a change in needs in regard to workload. Similarly, Carilion Medical Center requested the need to prioritize the eligibility of long-term care applications for patients awaiting a placement in a long-term care facility. The Department of Social Services and Carilion Medical Center is proposing entering into a new agreement which will better serve both entities. The Department of Social Services will prioritize Carilion's long-term care Medicaid applications by establishing two Medical Eligibility Workers to process long-term care Medicaid applicants for residents of the City who are patients of CMC. This will establish a direct line of communication among Medical Eligibility Workers, Carilion Medical Center and the patients. Carilion Medical Center agrees to cover 100% of the local share for the Medical Eligibility Workers and 50% of the local share for the supervisor of the Medical Eligibility Workers. The proposed agreement shall be in effect for an initial term for one year and may be renewed upon mutual agreement of the parties for additional terms for one year each, such renewals terms not to exceed four additional one-year terms. The total anticipated cost of these positions is $218,123 for the one-year initial term. DSS will receive reimbursement of 84.5% for approximately 10 months and 32% for approximately 2 months during federal pass-through funding. DSS will bill CMC monthly for the remaining cost of the local share for the two Medical Eligibility Workers and 50% for the remaining cost of the local share for the Medical Eligibility Workers' Supervisor. Recommended Action: Authorize the Interim City Manager or designee to execute a Contract between the City of Roanoke and Carilion Medical Center for the prioritizing of long-term care Medicaid applications for City residents who are patients of Carilion Medical Center, and any such documents required by such agreement. Such agreement shall be similar in form to the agreement attached to this report. All documents shall be approved by the City Attorney. Authorize the Director of Finance to establish a revenue account to receive reimbursement from Carilion Medical Center for the local share of the Medical Eligibility Workers and Medical Eligibility Workers' Supervisor as noted above. Lydia Patton, Interim City Manager COST SHARE AGREEMENT FOR MEDICAID ELIGIBILITY WORKER BETWEEN CITY OF ROANOKE,VIRGINIA AND CARILION MEDICAL CENTER THIS COST SHARE AGREEMENT FOR MEDICAID ELIGIBILITY WORKER("Agreement") is made and entered into as of this day of , 2024 (the "Effective Date"), by and between the CITY OF ROANOI}, VIRGINIA, a Virginia municipal corporation, on behalf of its DEPARTMENT OF SOCIAL SERVICES ("DSS"), and CARILION MEDICAL CENTER ("CMC"). RECITALS: WHEREAS, DSS regularly assists eligible citizens of the City of Roanoke, Virginia, with registering for Medicaid, and other medical assistance services in accordance with Section 63.2-405 of the Code of Virginia (1950) as amended; WHEREAS, CMC is a medical institution that owns, operates and manages several hospitals and clinics within the Commonwealth of Virginia, including the City of Roanoke; WHEREAS, CMC provides medical assistance and hospital services to a number of patients that need to be placed in long term care facilities, after such patients are discharged from the hospital; WHEREAS, before many patients may be placed in long term care facilities upon their discharge from CMC facilities, such patients must first be participants and registered in Medicaid and other medical assistance services offered by the Commonwealth of Virginia, in order to pay for such long-term care and other services; and, WHEREAS, pursuant to an agreement dated October 8, 2021, between DSS and CMC, as amended by agreement dated September 6, 2023 (the "2021 Agreement"), outstationed Medicaid eligibility workers ("OEWs")were placed by DSS at CMC's Roanoke Memorial Hospital in order to register CMC's patients for Medicaid and other medical assistance services offered by the Commonwealth of Virginia. The 2021 Agreement expires July 1 2025; and WHEREAS, DSS and CMC desire to terminate the 2021 Agreement and remove the OEWs from Roanoke Memorial Hospital. DSS will employ Medicaid eligibility workers at DSS' central office where they will devote the majority of their time to assisting CMC patients with registering for Medicaid and making such eligibility determinations, and the remaining portion of their time performing other DSS work as determined by the City of Roanoke, upon the terms and conditions stated below. 1 NOW,THEREFORE, for and in consideration of the terms and conditions stated below, and the above recitals, which are incorporated herein by reference, the parties hereby agree as follows: ARTICLE I PURPOSE A. The purpose of this Agreement is to govern the terms and conditions under which DSS will employ and maintain Medicaid Medical Assistance and Eligibility Workers and Supervisors, (collectively "MEWS"), on site at DSS' principal office located at 1510 Williamson Road NE, Third Floor, Roanoke, Virginia, 24011. For purposes of this Agreement, "Medical Assistance" refers to the Medical Assistance Programs offered by the Commonwealth of Virginia. The use and functions of MEWS shall be in keeping with the requirements for the establishment of outstation locations of Section 435.904 of the Code of Federal Regulations,42 CFR,Part 430 to End,as well as federal guidance from the Centers for Medicare and Medicaid, which are incorporated herein by reference. MEWS are bound by Federal and State regulations governing Medicaid eligibility determinations. MEWS shall assist in the effective determination of Medical Assistance eligibility for patients of CMC and perform such other work as determined by DSS. B. This Agreement allows CMC and DSS to hereby mutually determine the work MEWS shall perform for CMC patients including and not limited to (1) the number of MEWS to be employed by DSS for this purpose; (2) the volume and expansion of CMC's Medical Assistance eligibility determination services require; (3) the percentage of the MEWS' salaries and benefits to be paid by CMC; and(4)whether the parties need to increase or decrease MEWS staff accordingly. The parties agree that DSS caseload standards will be used as a guide in determining staffing needs. The parties agree that only one Supervisor and two eligibility worker positions will initially be employed by DSS for this purpose. In the event additional MEWS are necessary, such MEWS will be employed by DSS in its sole determination and be governed in accordance with the terms of this Agreement. C. The MEWs will be, and remain at all times during the term of this Agreement, employees of DSS. D. The parties agree that data obtained by the MEWS is to be entered into the Local Employee Tracking System(LETS) and is to be included in random moment sampling (RMS). E. CMC will be responsible for 100% of the local share of the MEWS costs. CMC will be responsible for 50% of the local share of the MEW's Supervisor. The non-local share of the MEWS' costs will be paid from State, or Federal funds. Provided however,CMC acknowledges that it cannot pay the local costs through Federal, or State funds. As of the Effective Date of this Agreement, DSS employs three (3) MEWS, including one supervisor. For the MEWS Supervisor(s),DSS will pay half of the local share of the position's costs. CMC agrees to pay the other half of the local share of such costs. The non-local share of the costs of the MEWS' Supervisor position will be paid through State and Federal funds. ARTICLE II FUNCTIONS TO BE PERFORMED BY MEWS MEWs shall perform the following tasks for CMC within the allotted percentage of their time: 2 A. Accept Medicaid Assistance applications and determine eligibility for individuals served by CMC, solely for the purpose of providing long term care and assisted living placement of patients in-home or facilities. MEWS shall not perform any services for CMC except upon mutual agreement of the parties.The CMC patients for which MEWS shall provide the aforementioned service shall be citizens of the City of Roanoke, Virginia, or may be citizens of other localities, provided such locality has signed the Memorandum of Agreement substantially similar in form to the agreement attached hereto as Exhibit A. The parties agree that initially, MEWS will not provide services to CMC patients residing outside of the City of Roanoke. B. 1. File Clearances - Inquiry into existing Medical Assistance eligibility files shall be the first step in determining Medical Assistance eligibility. a. Confidentiality of File Information - Confidentiality of client information contained in existing files is to be protected from inappropriate use by DSS and the MEWS and access to eligibility files shall be limited to the MEWS. Information secured from eligibility files shall be used in accordance with the release of information signed by the applicant. The release of information shall state the specific information the applicant agrees to be released to CMC b. Information maintained by CMC personnel, which is necessary to determine eligibility,shall be made available to the MEWS and shall be used by the MEWS only for determining eligibility. c. Information relative to eligibility or ineligibility shall only be shared by the MEWS with CMC personnel in accordance with the release of information as signed by the applicant. 2. Medical Assistance Applications - CMC patients referred to MEWS shall have all the rights and privileges as any other applicant for Medical Assistance. CMC personnel will refer for Medical Assistance eligibility determinations potentially eligible patients who meet the screening criteria as jointly established by CMC andDSS. a. Eligibility Criteria - Eligibility for Medical Assistance will be determined using all applicable federal and state rules, regulations and policies governing the population applying for Medical Assistance. 1) The parties agree that the Virginia Medical Assistance Eligibility Manual will be used as a resource in determining eligibility for Medical 3 Assistance. This manual is available to each of the MEWS online through the VDSS website. 2) All forms necessary to process Medical Assistance applications shall be ordered by DSS through the usual procedures and made available to the MEWS. b. Case Development — MEWS shall accept Medical Assistance applications and make determinations of eligibility or ineligibility for applicants who are patients of CMC. 3. The MEWS shall process, make determinations of eligibility or ineligibility, and enroll approved applicants residing in the City of Roanoke. Upon agreement of the parties, MEWS may provide this service to CMC patients residing in other localities who have executed the Memorandum of Agreement(Exhibit A)with the City of Roanoke, copies of which are incorporated herein by reference. a. Medical Assistance applications from residents of other localities shall be treated as follows: • Incomplete applications belonging to discharged patients from localities other than the City of Roanoke will be sent to the patient's locality of residence for completion. For purposes of this Section 3(a), the term "incomplete applications" means those application forms missing the minimtun amount of information required by the Commonwealth of Virginia. • All other applications for eligible patients who reside in a locality other than the City of Roanoke, and those included in the memorandum of agreement will be sent to the local department of social services where such patients currently reside, for enrollment. b. Medical Assistance eligibility of applicants must be determined in conformity with processing standards contained in Volume XIII (the Medical Assistance Eligibility Manual). Processing procedures for localities other than DSS shall not encumber or delay enrolling eligible cases forwarded by the MEWS. 4. Other DSS Work- The remaining percentage of work to be performed by the MEWS shall be as solely determined by DSS. B. Medicaid Eligibility Workers - Organization 1. Caseload Standards-All MEWS shall be employees of DSS but shall not count in the determination of local staffing needs 4 otherwise required by DSS. 2. Training - The MEWS will be provided the same opportunity for Medical Assistance training and technical assistance as other eligibility staff of DS S. 3. Coverage—MEWS shall work standard work hours, applicable to all City of Roanoke employees, including weekends and holidays, and paid leave. The parties agree that MEWS may work overtime, as determined by DSS in its sole discretion. 4. Performance Standards - Performance standards applicable to other DSS Medical Assistance workers shall be the performance standards applicable to MEWS. Performance evaluations, training, and supervision of the MEWS shall be the responsibility of DSS. 5. Job Classification and Benefits -MEWS shall be employed in the same personnel classification and be afforded the same benefits as any other local Medical Assistance worker or supervisor working for DSS. 6. Relationships CMC financial and social work units, MEWs, and their employing agencies shall cooperate to the mutual benefit of the parties by sharing informational materials, conducting joint staff meetings, and providing each unit with periodic reports in a form and with such content as mutually • agreed to by DSS and CMC, including without limitation a description of work performed, referrals made, application approvals, the length of time between referrals and approvals, applicable dates and costs of services. 7. Additional Agreements of the Parties - The employment of any additional MEWS by DSS shall be subject to mutual agreement of CMC and DSS, such approval not to be unreasonably withheld. The supervision, assignment, and placement of individuals employed by DSS as MEWS remains subject to the sole determination of DSS. ARTICLE III FINANCIAL REPORTING The parties agree that the MEWS under this Agreement shall be compensated as follows: A. DSS shall, on a monthly basis, enter 100% of the personnel costs for the MEWS into the LASER system. The anticipated annual costs for the OEW for the 2024-2025 fiscal year are set forth on Exhibit B, attached hereto and incorporated herein by reference. For purposes of 5 this Article III, "Costs" means each MEWS' salary and benefit costs only. DSS agrees to provide CMC an updated exhibit detailing the anticipated annual cost of the MEWS for each year the Agreement is renewed. • B. DSS shall receive reimbursement for the state and federal share of the Costs of the MEWS as part of its regular monthly LASER reimbursement process. C. DSS shall on a monthly basis submit to CMC an invoice for the local share of the Costs of the MEWS. D. Upon receipt of a monthly invoice from DSS, CMC shall reimburse DSS 100% for the local share of the Costs of the MEWS, as set forth in the invoice. CMC will reimburse DSS 50% of the local share of the Costs of the MEWS' Supervisor. E. DSS agrees to inform CMC as soon as possible if there is any change in the federal share of the personnel costs of the MEWS stated in the attached Exhibit B, and as Exhibit B is updated for any renewal term ARTICLE IV MAINTENANCE OF RECORDS Applications - DSS shall be solely responsible for the storage, maintenance and • confidentiality of all Medical Assistance eligibility applications prepared or taken by the MEWS and all other documents and information obtained by the MEWS in the course of providing services under this Agreement. ARTICLE V CASE ERROR LIABILITY For cases transferred to localities outside the contiguous area where MEWS are not authorized to complete eligibility enrollment, the following standards apply: When the case is transferred to the locality of residence, the receiving agency will review the case for accuracy and completeness.Upon acceptance,the case will be enrolled by the receiving agency. Any prior and future case error liability is assumed by the receiving agency. ARTICLE VI TERM OF AGREEMENT This Agreement shall begin upon the Effective Date referenced in the first paragraph of this Agreement and shall be in effect for an initial term of one (1) year from the Effective Date. This Agreement may be renewed upon the mutual agreement of the parties for additional terms of one year each, such renewal terms not to exceed four additional one-year terms.Unless sixty(60)days' 6 notice is received by the other party, this Agreement shall automatically renew for additional one- year terms.The parties may amend the agreement during any renewal term upon mutual agreement. Notwithstanding the foregoing, this Agreement may be terminated as provided in Article VII (Termination). ARTICLE VII TERMINATION This Agreement may be terminated at any time prior to expiration of the initial or any renewal term hereof: A. By mutual agreement of the parties;or B. By either party, with or without cause, upon sixty (60) days' written notice to the other party. ARTICLE VIII AVAILABILITY OF FUNDS The parties acknowledge and agree that they are bound to the terms of this Agreement only to the extent that federal, state, and local funds are available or hereafter may become available for the purpose of this Agreement. In the event funds are or become unavailable for the purpose of this Agreement, this Agreement shall terminate immediately upon the written request of either party. DSS shall use,commercially reasonable efforts to notify CMC in writing as soon as it becomes aware that funds are not available or becomes aware of a possibility that funds may become unavailable during the term of this Agreement. ARTICLE IX NOTICES Any notice required or permitted by this agreement shall be sufficiently given if hand- delivered or if sent by registered or certified mail, postage prepaid, addressed or delivered as follows: If to the Outstation Carilion Clinic Provider: Office of the General Counsel 213 S. Jefferson St., Suite 1600 Roanoke,VA 24011 If to the Local Department Director of Social Services: Roanoke City Department of Social Services 1510 Williamson Road,N.E. 3rd Floor Roanoke, VA 24012 7 ARTICLE X INTEGRATION AND MODIFICATION This Agreement constitutes the entire understanding of the parties as to the matter contained herein: No alteration, amendment or modification of this Agreement shall be effective unless in writing and signed by duly authorized representatives of CMC and DSS. Nothing in this Agreement shall be construed as authority for any party to make commitments, which bind the other beyond the terms of this Agreement. ARTICLE XI TERMINATION OF 2021 AGREEMENT Upon the Effective Date, the 2021 Agreement shall automatically terminate and be of no further effect,provided however, any obligations of either party that is ongoing at the time of termination shall continue until completed. ARTICLE XII SEVERABILITY If any provision of this Agreement is determined to be invalid or unenforceable for any reason, such determination shall not affect the validity of all other provisions that can be given effect without the invalid or unenforceable provision. ARTICLE XIII CAPTIONS Caption headings contained herein are used solely for the convenience and shall not be deemed to limit or define the provisions of this Agreement. ARTICLE XIV WAIVER Any failure of a party to enforce that party's rights under any provision of this Agreement shall not be construed or act as a waiver of said party's subsequent right to enforce any of the provisions contained herein. 8 ARTICLE XV NO THIRD-PARTY BENEFICIARIES Except as specifically provided herein, this Agreement shall not confer any benefit or right upon any person other than CMC,DSS and Virginia Department of Social Services, and no third party shall be entitled to enforce any obligation, responsibility of claim of either party to this Agreement, unless expressly provided otherwise. ARTICLE XVI GOVERNING LAW This Agreement shall be governed in all respects by the laws of the Commonwealth of Virginia, and any litigation with respect thereto shall be brought In the General District or Circuit Court of the City of Roanoke. ARTICLE XVII INDEPENDENT CONTRACTORS The parties acknowledge and agree that DSS including the MEWs and CMC are performing services and duties under this Agreement as independent contractors of each other and not as employees, agents,partners of,joint venturers with or other representatives of the other party.DSS and CMC shall control the hiring and firing of their own employees, and shall pay for all social security,withholding tax, employment insurance, workers' compensation insurance, and any other such payroll charges applicable to its own employees, and with respect to DSS, applicable to any of the MEWS. ARTICLE XVIII COUNTERPARTS: FACSIMILE EXECUTION This Agreement may be executed in several counterparts, and all counterparts so executed shall constitute one agreement binding on the parties,notwithstanding the fact that the parties have not signed the original Or the same counterpart. An encrypted digital signature or a signature transmitted by facsimile or PDF shall be deemed a valid,original signature. DSS and CIVIC hereby execute this Agreement and agree to be bound by all terms and conditions set forth herein as of the date set forth below. SIGNATURES APPEAR ON FOLLOWING PAGE 9 In witness whereof, the Parties have signed this Agreement by their authorized representative as of the Effective Date. CITY OF ROANOKE,VIRGINIA, a Virginia municipal corporation By: Name: Title: Date: CARILION MEDICAL CENTER By: Name: Title: Date: Approved as to Form: Deputy City Attorney 10 EXHIBIT A Memorandum of Agreement for Outstationed Eligibility Workers This Memorandum of Agreement for Outstationed Eligibility Workers (Agreement) is made this 1st day of , 2021, retroactive to , 2021, by and among the City of Roanoke, Virginia, on behalf of its Department of Social Services (DSS), and the Roanoke County Department of Social Services, the Franklin County Department of Social Services, the Craig County Department of Social Services, the Bedford County Department of Social Services, the Floyd County Department of Social Services, the Botetourt County Department of Social Services, and the Montgomery County Department of Social Services (collectively, the "Receiving Agencies" and individually,the "Receiving Agency"). RECITALS: WHEREAS, the City of Roanoke Department of Social Services, and Carilion Medical Center(CMC)have entered into a Contract Agreement on February 6, 2013, whereby City of Roanoke Department of Social Services agrees to provide Outstationed Eligibility Worker(s) (OEW or OEWs) at CMC to assist in the effective receipt of Medicaid applications and the determination of Medicaid eligibility for patients of CMC, such patients being a Virginia resident,regardless of the locality the patient resides in; and WHEREAS, the OEW's placed at CMC are employees of City of Roanoke Department of Social Services and the use and functions of the OEW's are in keeping with the requirements for the establishment of outstation locations of section 435.904 of the Code of Federal Regulations,42 CFR,Part 430 et seq., as well as guidance from the Centers for Medicare and Medicaid; and, WHEREAS, the OEW's make determinations of Medicaid eligibility or ineligibility for all patients, and once the determination of eligibility is made, the OEW's only enroll approved applicants that reside within City of Roanoke, and refer all other patients' approved applications to the appropriate local department of social services where the patient resides; and, WHEREAS, once a patient's approved application is referred to the appropriate Receiving Agency such Agency is responsible for completing the patient's approved application enrollment process; and, WHEREAS, due to an increase in patients with approved applicants that reside in a Contiguous Locality (defined hereafter), City of Roanoke Department of Social Services, CMC and the Receiving Agencies agree it would be mutually beneficial to all parties for the OEWs to be able to perform the initial enrollment of all approved applicants that are Virginia residents, regardless of the locality the patient resides in; NOW, THEREFORE, for and in consideration of the mutual covenants set forth 11 herein, and the above recitals which are incorporated herein, the parties agree as follows: A. Contiguous Locality For the purposes of this Agreement,a Contiguous Locality shall include the following counties: Roanoke County, Franklin County, Craig County. Bedford County, Floyd County. Botetourt County, and Montgomery County. B. Responsibilities of the OEW The OEW shall perform the following: 1. Process,make determinations of eligibility or ineligibility, and enroll a patient's approved application, even if the patient's residency is in a Contiguous Locality. 2. Follow all established policy, rules, and regulations in obtaining the necessary information to determine eligibility or ineligibility of all applicants. 3. Once a patient is initially enrolled, the OEW shall forward the completed case file to the appropriate Receiving Agency, being the Receiving Agency in the Contiguous Locality where the patient resides. Such case record shall be forwarded to the Receiving Agency immediately after the OEW has enrolled the patient in Medicaid. C. Responsibilities of the•Receiving Agency The Receiving Agency shall perform the following: 1. When the case is transferred to a Receiving Agency, the Receiving Agency shall review the case for accuracy and completeness, and shall follow the current state policy for receiving cases from OEW's, as set forth in the Virginia Department of Social Services Medicaid Manual, Volume X111, Chapter 15, policy number M 1520.600. 2. The Receiving Agency acknowledges and agrees that the OEW(s) are employees of the City of Roanoke, and only subject to supervision and oversight by the City of Roanoke.In the event any Receiving Agency has any issue or dispute with the services provided by the OEW under this Agreement,the Receiving Agency agrees to contact the Director of the City of Roanoke's Department of Social Services D. Term of Agreement This Agreement shall be effective as of . It is the intent of all parties that this Agreement shall be in effect for an initial term of two(2)years, subject to two additional renewal terms of one (1) year each. Unless ninety (90) days' notice is given by DSS or the Receiving Aiejncies prior to expiration of the initial term or any renewal term, this Agreement shall automatically continue until the last renewal term has expired. This Agreement shall be reviewed within twelve (12) months. This Agreement may also be reviewed and renewed from time to time as agreed to by all parties. Any such renewal shall be subject to approval by the governing bodies of the City of Roanoke and each Contiguous Locality. Nothing in this Agreement shall be construed as authority for any party to make commitments,which bind the other beyond the terms of this Agreement. E. Notice Any notice required or permitted by this Agreement shall be sufficiently given if hand- delivered or sent by registered or certified mail, postage prepaid, addressed or delivered as follows: Roanoke County Department of Social Services, Director 220 E. Main St. P. O. Box 1127 Salem, VA 24153-1127 Franklin County Department of Social Services, Director 11161 Virgil H. Goode Highway Rocky Mount,VA 24151 Craig County Department of Social Services, Director 177 Court St. P. 0. Box 330 New Castle,VA 24127.0330 Bedford Department of Social Services, Director Burks-Scott Building 119 E. Main St. P.O. Box 1187 Bedford, VA 24523.7750 Montgomery County Department of Social Services, Director 210 S. Pepper St. Suite B P.O. Box 789 Christiansburg,VA 24073 Botetourt County Department of Social Services, Director 220 Commons Pkwy P. 0. Box 99 Daleville, VA 24083 Floyd County Department of Social Services, Director 120 W. Oxford Street P. 0. Box 314 Floyd,VA 24091 13 City of Roanoke Department of Social Services,Director 1510 Williamson Road,NE Roanoke,VA 24012 F. Severability If any provision of this Agreement is determined to be invalid or unenforceable for any reason, such determination shall not affect the validity of all other provisions that can be given effect without the invalid or unenforceable provision. G. ' Responsibility City of Roanoke Department of Social Services shall be responsible for the negligent acts or omissions of its officers, agents and employees acting in the scope and course of their employment pursuant to this Agreement. The parties agree that the number may be increased or decreased as needed, as well as the location at which the OEWs are placed. The salary and benefits of the OEW are to initially be paid by the City of Roanoke, such amount to be reimbursed the City of Roanoke on an annual basis by the Commonwealth of Virginia. Upon transfer of each case to the Receiving Agency of the appropriate Contiguous Locality, the Receiving Agencies shall be responsible for the negligent acts or omissions of its officers, agents and employees acting in the scope and course of their employment pursuant to this Agreement Nothing contained herein shall be deemed an express or implied waiver of the sovereign immunity of City of Roanoke Department of Social Services or the Receiving Agencies. H. Governing Law This Agreement shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the Circuit Court for the City of Roanoke. I. Entire Agreement This Agreement, including all documents referred to and incorporated herein, constitutes the entire Agreement between the parties with respect to the subject matter of this Agreement and there are no representations, understandings, or agreements relating to this Agreement that are not fully expressed herein. J. Execution of Agreement This Agreement may be executed in counterparts, each of which shall be deemed to be an original having identical legal effect. K. Amendments 14 This Agreement may be changed or amended only as mutually agreed upon by the parties. Any and all such amendments shall be in written and signed by all parties. In witness hereto, the parties execute this agreement as of the date above by their authorized representatives: City of Roanoke Department of Social Services: City Manager Date Roanoke County Department of Social Services: Director Date Franklin County Department of Social Services: Director Date Craig County Department of Social Services: Director Date Bedford County Department of Social Services: Director Date Montgomery County Department of Social Services: Director Date Botetourt County Department of Social Services: Director Date Floyd County Department of Social Services: Director 15 EXHIBIT B Anticipated Monthly Costs for MEW FY 2024-2025 Two MEW Combined Salary $84,317 Combined Benefits $43,332 Total: $127,649 One MEW Supervisor Salary $62,439 Benefits $28,035 Total: $90,474 MEW Unit Salary Salaries $146,755 Benefits $71,368 Total $218,123 CMC will expect to reimburse the City the local share of the costs for the workers. The current Federal/State share of the costs of staff salaries is 84.5%for approximately 10 months, and 32%for approximately 2 months. For Supervisor salary and fringes, the reimbursement rate will be 50%. The parties acknowledge and agree that the amount stated above is an estimate only, and such amount is nonbinding on the parties. The actual monthly amount that CDC will reimburse DSS could be higher or lower and is dependent on the dollar amount of federal/state funding. 16 IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 16th day of December 2024. No. 43107-121624. AN ORDINANCE accepting real property rights needed by the City in connection with the proposed Fire Station No. 2 Project ("Project"), to be donated to the City by Berglund Chevrolet, Inc. and Farrell Properties, Limited Company; authorizing City staff to execute appropriate acquisition documents for such real property interests; and dispensing with the second reading of this Ordinance by title. WHEREAS, by Ordinance No. 42090-062121, adopted June 21, 2021, City Council, as part of the FY2022-2026 Capital Improvement Program, appropriated $10,227,084 towards the replacement of Fire Station No. 2, located at the intersection of Noble Avenue and Courtland Road, Roanoke,Virginia, as set forth in the City Council Agenda Report dated July 19, 2021 (the "Agenda Report"); WHEREAS, the Farrell Family, being the owners of Berglund Chevrolet, Inc., and Farrell Properties, Limited Company, own certain real property further described herein and located adjacent to the Project, desire to gift, donate, and convey such property to the City to be used for the Project. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby accepts the gift and donation of the following real properties in fee simple from Farrell Properties, Limited Company, to be used by the City for the Project: (a) Roanoke Official Tax Map Nos. 3090218, located at 2202 Williamson Road, N.E.; (b) Roanoke Official Tax Map No. 3090217, located at 116 Forest Hill, Avenue, N.E.; (c) Roanoke Official Tax Map No. 3090216, located at 112 Forest Hill Avenue, N.E., Roanoke, Virginia; and (d) Roanoke Official Tax Map No. 3090215, located at 0 Forest Hill Avenue, N.E.; Roanoke, Virginia, as further set forth in the City Manager's Report dated December 16, 2024. 2. City Council hereby accepts the gift and donation of real property in fee simple from Berglund Chevrolet, Inc., bearing Roanoke Official Tax Map No. 3090237, located at 2326 Williamson Road, N.E., Roanoke, Virginia, as further set forth in the City Manager's Report dated December 16, 2024. 3. The proper City officials and City staff are hereby authorized to execute any and all necessary documents to acquire and accept the gift and donation of the aforementioned parcels, including and not limited to, a donation agreement substantially similar in form to the agreement attached to the City Manager's Report dated December 16, 2024. All requisite documents shall be approved as to form by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: dt,d4,14:t, j".22Y9,2;e-e-I , City Clerk. ` i 2 IOW Office of the City Attorney ROA N O KE December 16, 2024 Title: Request to Approve Agreement to Acquire Roanoke Official Tax Map Nos. 3090215, 3090216, 3090217, 3090218 and 3090237 for Construction of Fire Station No. 2. Background: The Farrell Family are the owners of Farrell Properties Limited Company ("Farrell Properties") and Berglund Chevrolet, Inc. ("Berglund"), and desire to donate the following parcels of real property to the City of Roanoke to be used as part of the construction and utilization for the replacement of City Fire Station No. 2: (1) Roanoke Official Tax Map Nos. 3090218, 3090217, 3090216 and 3090215, owned by Farrell Properties; and (2) Roanoke Official Tax Map No. 3090237, owned by Berglund Chevrolet, Inc. (collectively, the "Properties"). The Properties are located adjacent to Williamson Road and Fire Station No. 2. An aerial of the Properties is attached to this report. Considerations: The City and the Farrell Family have agreed to the terms and conditions for the donation of the Properties to the City described in the agreement attached to this letter. These terms and conditions include, and are not limited to, a restrictive covenant being placed on the Properties restricting usage of the land to fire purposes for a fifty-year period. The donation of the Properties will be at no cost to the City, other than incidental costs (e.g. title insurance, appraisals, etc.) Acquisition of the Properties will be in the best interests of the City and enhance new Fire Station No. 2, the construction of which is expected to be completed by late 2028. City staff, including the City Engineer and Fire Chief, recommends that City Council authorize the Interim City Manager to execute the agreement for the donation of the Properties to the City for this purpose. If the resolution is adopted, closing is expected to occur prior to the end of this month. Recommended Action: For the above reasons, I recommend that City Council adopt the attached resolution, authorizing the Interim City Manager or designee to execute an agreement with Berglund Chevrolet, Inc., and Farrell Properties Limited Company for the donation of the Properties to the City, substantially similar in form to the agreement attached to this letter, and to thereafter execute a deed accepting title to the Properties on behalf of the City of Roanoke. All documents shall be approved as to form by the City Attorney. Timothy Spencer, City Attorney t r \usi,Api I ++ yy ' #',(i r' A A t. 0 '' `gyp '�� ; .--. . 4.'°61 9 3Q90,I.:i 4 -AA:. .1.1: =AZ': :!,,,,A „A'Ar', ' I r„19‘,./,.'' *. rili - : ::. ::,if,,i, .;,..‘i -:-, ,, .s.'6f. {�'p VI �\ A y •L. dV gym << / 1 p9 } f � f• r '''It:.f.,... .'" 1 ,..-,- , t-..4,' 1.,:'- 4. •• , f. 0 ,,. , y„ ? ` - a ay t p *,! / ,'j f 0�Qp 3Q Q 6 pinn F ' � r ray �� p I p 31 1 `ti t Ts '' 't ia •i ir . 14.- ': 'S ' i . - t , , '; , 7 lc,, b', �. ' ��I ��� ' 'I ., = isic ,� �/ itl''''''' -4-"'..-'- '' ' " t*--- ,r:44'.- \i',4 ,.. %., . Al., 'K;,,/~-',"....t.le i.,,...-.-l'A -,.,, '' .4,-,4--- ---4-,i ,I. Or, 1-. , . , v , ° .4.,,, ,--,--- ' ' ,!:;§''' t , t,11,...,.,4,1C' if,,l',:,&, /A: KO . its . 1. t 0 . s t 0 i; e i,s ty ash 11 itt ...Op t . ' 0r ° ^ ti liS T 2 ' t � i it P i r .4 ,• s i' 7 t ' ..444/--s<',' 1;Ill '' tie' li t t 0 , ., F ! t ' CP , 0 i OA 1-0 ) \L: 1 ' ' '''AP1/4':.\ :.' . o^ 11 t 0) ? ', 0 •v, , '-..; . , firs() , ,..,,I, ',\t • ' • ' 'kel t\ ''0'[I:'''' tr,,:',' ' .. 1 f$,.., it. 't.-) 00 j : \*--I' i' ki:14!;4';;- Y 1, ' - QIl:F ;; �6 0,85 .349Qti30 o 'o . m np�` '�,` w N 0 j *. f ,11 --' .1L).. IN ' N '' ' ' ' Ci)D °,i'• ' ) ' ) 441, T} re, 10009 11 ' YV i qr t / ,(� , i t 4, i, l f,'t , t ,a 1 i� r ' ;. • �, k( ,kz 1 ' L/! ' fit' y i. .'✓ t F � tip } \, j-* DRAFT AGREEMENT FOR THE DONATION AND CONVEYANCE OF REAL PROPERTY THIS AGREEMENT FOR THE DONATION AND CONVEYANCE OF REAL ESTATE ("Agreement") is made as of this day of , 2024 (the"Effective Date"), by and between FARRELL PROPERTIES, LliVIITED COMPANY, a Virginia limited liability company AND BERGLUND CHEVROLET, INC., a Virgnia corporation (collectively, "Donor")AND CITY OF ROANOKE,VIRGINIA, a Virginia municipal corporation("Donee"or "City")(Donee/City and Donor are collectively referred to herein as the"Parties"and individually as "Party"). RECITALS A. Donor owns certain real property located in the City of Roanoke,Virginia, bearing Roanoke Official Tax Map Nos. 3090218, 3090217, 3090216, 3090215, and 3090237 (collectively, the "Parcels") as such real property is further described herein, B. Donor desires to donate and convey the Parcels to Donee, and Donee desires to acquire the Parcels from Donor, on the terms and conditions set forth in this Agreement to be used as part of the construction and utilization of a replacement for City's Fire Station No. 2, located adjacent to the Parcels, the construction of which is tentatively scheduled to be completed by the fall of 2028; C. Donor desires to donate, grant, and convey all of its respective rights, title, and interest in the Parcels to Donee in accordance with the terms of this Agreement; and D. This Agreement was authorized by the City Council of the City of Roanoke, Virginia, by Ordinance No. , adopted on December 16, 2024. NOW, THEREFORE, based upon the mutual covenants, agreements, and understandings set forth in this Agreement, including the Recitals set forth above which are incorporated herein and constitute a material part of this Agreement, the Parties agree as follows: ARTICLE I DEFINITIONS All capitalized teens, not otherwise defined in this Agreement, shall have the following meanings: 1.1 Agreement shall mean this Agreement for the Donation and Conveyance of Real Estate. 1.2 Applicable Law shall mean all federal, state, and local laws, rules, regulations, or ordinances that affect or otherwise apply to the transactions contemplated by this Agreement. 1 1.3 Business Days shall mean a Day or Days other than a Saturday, Sunday, or a holiday established under the laws of the United States of America or the Commonwealth of Virginia. 1.4 City shall mean the City of Roanoke, Virginia, a Virginia municipal corporation. 1.5 City Council shall mean the Council of the City of Roanoke, Virginia (Roanoke City Council). 1.6 Closing shall mean the date on which the transactions contemplated by this Agreement for the transfer of the Parcels from the Donor to the City occurs. 1.7 Day or Days shall mean a calendar day beginning and ending at the prevailing time in Roanoke,Virginia. 1.8 Effective Date shall mean the date set forth at the beginning of this Agreement. 1.9 Government Entity shall mean any federal, state, or local governmental body, agency,board or commission. 1.10 Intended Use shall mean Donee's use of the Parcels for the relocation and construction of City's Fire Station No. 2. 1.11 Parcels shall collectively mean the following described real estate: (a)Roanoke Official Tax Map No. 3090218 (owned by Farrell Properties, Limited Company), located at 202 Williamson Road, N.E., Roanoke, Virginia, consisting of approximately 6,960 sq. ft., more or less, together with any improvements thereon, as further described in the legal description attached hereto as Exhibit A. (b)Roanoke Official Tax Map No. 3090217 (owned by Farrell Properties, Limited Company), located at 116 Forest Hill, Avenue, Roanoke, Virginia, consisting of approximately 9,295 sq. ft.,more or less, together with any improvements thereon, as further described in the legal description attached hereto as Exhibit A. (c)Roanoke Official Tax Map No. 3090216 (owned by Farrell Properties, Limited Company), located at 112 Forest Hill Avenue, Roanoke, Virginia, consisting of approximately 6,153 sq. ft., more or less, together with any improvements, as further described in the legal description attached hereto as Exhibit A. (d)Roanoke Official Tax Map No. 3090215 (owned by Farrell Properties, Limited Company), located at 0 Forest Hill Avenue, Roanoke, Virginia, consisting of approximately 7,468 sq. ft., more or less, with any improvements, as further described in the legal description attached hereto as Exhibit A. (e)Roanoke Official Tax Map No. 3090237 (owned by Berglund Chevrolet, Inc.), located at 2326 Williamson Road, Roanoke,Virginia, consisting of approximately 63,268 sq. ft.,more or less,with any improvements,as further described in the legal description attached hereto as Exhibit A. 2 1.12 Parties shall mean the Donee/City and Donor. 1.13 Party shall mean the Donee/City or Donor. 1.14 Permitted Encumbrances shall mean all matters of record against the Parcels as well as the other matters detailed in Article IV of this Agreement to which Donee has not objected,and which will remain against the Parcels upon conveyance to Donee. 1.15 Donee shall mean the City of Roanoke,Virginia. 1.16 Intentionally Deleted 1.17 Donor shall mean Farrell Properties, Limited Company and Berglund Chevrolet, Inc. 1.18 Title Company shall mean a nationally recognized title insurance company,located in the City of Roanoke,Virginia, selected by Donee in its discretion. ARTICLE II DONATION AND CONVEYANCE Subject to the terms and conditions of this Agreement, Donor agrees to donate, grant, transfer, and convey the Parcels by execution, delivery, and performance of the deeds conveying the Parcels to Donee, and Donee agrees to accept the Parcels by acceptance of such deeds. ARTICLE III VALUATION OF PARCELS The Parties acknowledge that the Parcel bearing Tax Map No. 3090237 has an appraised value of$585,000 based on an independent third party appraisal conducted by Miller, Long, and Associates,Inc., dated November 27, 2024. The Parties acknowledge that the Parcels bearing Tax Map Nos. 3090216, 3090217 and 3090218 were appraised together, and have a collective appraised value of$297,000 based on an independent third party appraisal performed by Miller, Long, and Associates, Inc., dated November 27, 2024. The Parties acknowledge that the Parcel bearing Tax Map No. 3090215 has an appraised value for $18,000.00 based on an independent third party appraisal conducted by Miller, Long, and Associates, Inc., dated November 18, 2024. Donor acknowledges that they have received a copy of the appraisals from Donee for all of the Parcels. 3 ARTICLE IV TITLE 4.1 Title to Parcels Donee's obligation to donate and convey the Parcels at the Closing is conditioned on all of the Parcels being conveyed to Donee by Donor free and clear of all restrictions, encumbrances, and liens except for matters of record. Such restrictions, encumbrances, and liens that constitute Permitted Encumbrances. Permitted Encumbrances with respect to the Parcels means and includes the following: 4.1.1 Ad valorem real property taxes (including the downtown district special assessments), stormwater utility fees,and solid waste collection fees for the current year, not yet due and payable. 4.1.2 Easements, restrictions and encumbrances and other matters of record other than monetary liens placed on the Parcels by Donor. Donee acknowledges and agree that Donor has no obligation to remove, amend or alter any easement, restriction, or encumbrance or record other than deeds of trust or other monetary liens placed on the Parcels by Donor. In the event such deeds of trusts or other monetary liens placed on the Parcels by Donor at Closing, Donee's sole remedies, in Donee's sole discretion, are to (1) postpone Closing until Donor removes such deed of trust or other monetary lien placed on the Parcels by Donor provided that Donor voluntarily agrees to remove same, (2) accept title subject to such lien, deed of trust, or other encumbrance restriction, or (3) terminate the Agreement.In the event that Donee elects to terminate this Agreement,Donee shall provide the Donor with written notice of such termination and no Party shall have any further rights or obligations under this Agreement. ARTICLE V CONDITIONS TO CLOSE THE CONVEYANCE OF THE PARCELS 5.1 Conditions to the Donee's Obligations to Close. The following are conditions precedent to Donee's obligation to accept the donation of the Parcels: 5.1.1 The fulfillment to Donee's reasonable satisfaction of Donor's obligation to convey title to the Parcels on the Closing Date to Donee pursuant to the terms and • conditions of this Agreement. 5.1.2 Donee must be satisfied that the condition of all of the Parcels have not changed and no casualty or other loss has occurred that is the subject of Article IX of this Agreement. 4 5.1.3 Donor must not be in default of the Donor's obligations under this Agreement, and Donor's representations and warranties in this Agreement must remain true and correct as of the Closing. 5.1.4 Should Donee elect to obtain title insurance, the Title Company's commitments to issue, on payment of its standard premiums, to the City, it's A.L.T.A. (Form B) Owner's Policies of Title Insurance, insuring City, and that title is vested in the City, subject only to the Permitted Encumbrances. All of the foregoing conditions are for the benefit of Donee, and Donee may choose, in its sole discretion, to proceed with the Closing, despite having knowledge that one or more of the above conditions have not been satisfied. 5.2 Conditions to the Donor's Obligation to Close. The following are conditions precedent to Donor's obligation to convey the Parcels to Donee: 5.2.1 The Donee must not be in default of its obligations under this Agreement. All of the foregoing conditions are for the benefit of Donor, and Donor may choose, in its sole discretion,to proceed with the Closing,despite having knowledge the condition set forth in Section 5.2.1 has not been satisfied. ARTICLE VI CLOSING DATE 6.1 Closing Date.The Closing date shall occur on or before December 31,2024 unless delayed due to the existence of encumbrances remaining on the Parcels as of Closing (other than the Permitted Encumbrances) as provided for herein, or extended upon the mutual agreement of the Parties. The Closing shall occur at a mutually acceptable time on the Closing Date in the Office of the City Attorney, or at such other location and time, as the Parties shall approve. ARTICLE VII CLOSING DELIVERABLES AND MECHANICS 7.1 Donor's Obligations at Closing 7.1.1 Parcels 7.1.1.1 The duly executed and acknowledged quit claim deeds conveying to City the Parcels in accordance with the provisions of this Agreement, in their "as is" condition, without any representations or warranties with respect to the presence of hazardous materials. The quality of title for each of the deeds 5 comprising the Parcels shall be as follows,reflecting the quality of title by which the Parcels were obtained by Donor: (a) Tax Map No.3090218(owned by Farrell Properties,Limited Company) shall be conveyed by Donor to City by Quitclaim Deed; (b)Tax Map No. 3090217(owned by Farrell Properties,Limited Company) shall be conveyed by Donor to City by Quitclaim Deed; (c)Tax Map No. 3090216(owned by Farrell Properties,Limited Company) shall be conveyed by Donor to City. by Quitclaim Deed; (d)Tax Map No.3090215(owned by Farrell Properties,Limited Company) shall be conveyed by Donor to City by Quitclaim Deed; and (e) Tax Map No. 3090237 (owned by Berglund Chevrolet, Inc.) shall be conveyed by Donor to City by Quitclaim Deed. The Parties agree that restrictive covenants shall be placed on such deeds,restricting use of the Parcels to Fire EMS purposes, or other public use by the Donee,for a fifty-year period from the date of Closing. The form of the deeds are attached hereto as Exhibit B. 7.1.1.2 A mechanic's lien affidavit executed by Donor, satisfactory to Donee and Title Company, and to the effect that no work has been performed on the Parcels by Donor in the 125 Days immediately preceding the Closing Date that could result in a mechanic's lien claim, or if such work has been performed, it has been paid in full. 7.1.1.3 A parties in possession affidavit executed by Donor, satisfactory to the Donee, and Title Company, if any, that no parties are in possession of the Parcels as of Closing, including, without limitation, all parking licensees and permittees. 7.1.1.4 Such documents as may be reasonably required by Title Company to evidence the authority of the person(s) executing the various documents on behalf of Donor in connection with the conveyance of the Parcels, including, without limitation, certificate of existence, certified copies of corporate votes, incumbency certificate of mangers and officers of Donor, and certified copy of Donor's articles of incorporation and that do 6 not require, except as set forth in this Agreement, the payment of money, indemnity or the assumption of any liability or obligation. 7.1.1.5 A written certificate that Donor's warranties and representations in Section 11.2 of this Agreement remain true and correct as of the Closing Date. 7.1.1.6 A duly executed counterpart of a closing statement for the Closing. 7.2 Donee's Obligations On the Closing Date, Donee shall acquire the Parcels from Donor, by delivering or causing to be delivered to Donor the following: 7.2.1 Intentionally deleted. 7.2.2 A duly executed counterpart of the closing statement for the Closing. 7.2.3 Any other documents required to be delivered pursuant to this Agreement, or reasonably required by Donor and that do not require, except as set forth in this Agreement, the payment of money, indemnity or the assumption of any liability or obligation. 7.2.4 Upon issuance of a Certificate of Occupancy from the City of Roanoke for Fire Station No. 2, Donee will install a plaque or other appropriate marker, at Fire Station No. 2 recognizing the donation of the Parcels by Donor within sixty(60) days of the issuance of such Certificate of Occupancy and name any community room located in Fire Station No. 2 in honor of the Farrell Family. 7.2.4 IRS Form 8283, a gift acknowledgement letter and any other reasonable documentation requested by Donor to document the gift of the Parcels to the City for the appraised values. 7.3 Prorated Expenses. At the Closing, real property taxes, stormwater utility fees, unpaid utility fees, and solid waste collection fees,if any,shall be prorated as follows,with respect to the Parcels,Donor shall be responsible for all amounts due prior to the Closing Date and the Donee being responsible for all periods thereafter. The settlement of such prorated expenses shall occur at the Closing. Donor agrees to provide current utility statements, if any,to Donee no later than five Business Day prior to Closing. • 7.4 Donor's Expenses. Donor shall pay for any Grantor's Taxes, if any, for the transfers of the Parcels. 7 7.5 Donee's Expenses. Donee shall pay for(i)the Grantee's taxes,if any,and the recording charges for the transfer of the Parcels; (ii) Donee's legal fees and expenses in connection with this Agreement including the fees and expenses in connection with the City Inspections; (iii) all costs of the City's investigations of the Parcels; (iv)all title insurance premiums for issuance of the title insurance process with respect to the Parcels and (v)Donor's reasonable legal fees. 7.6 Possession. Donor shall deliver exclusive possession of the Parcels to the City on the Closing Date. The Parties acknowledge that a structure is situated upon the Parcel bearing Tax Map No. 3090217 is vacant and that there are no tenants or other occupants legally residing in that parcel. After Closing, the structure may be scheduled for demolition, and all property remaining in the structure on the Closing Date shall belong to Donee and may be disposed of by Donee accordingly at no cost to Donor. ARTICLE VIII CONDEMNATION Donor has no actual knowledge of any pending or threatened condemnation of the Parcels. However, if, after the Effective Date, and prior to the Closing Date, all or any part of the Parcels are subject to a bona fide threat of condemnation or condemned or taken by a Government Entity having a power of eminent domain or a transfer in lieu of condemnation, Donor shall promptly notify Donee in writing and within thirty (30) Days after receipt of written notice, either Party may, by written notice to the other, elect to cancel this Agreement prior to the Closing Date, in which event all Parties shall be relieved and released of any further duties, obligations, rights, or liabilities hereunder and this Agreement shall be deemed terminated and of no further force or effect. If no such election is made by either Party to cancel this Agreement, this Agreement shall remain in full force and effect and the conveyance contemplated herein, less any interest taken in condemnation or eminent domain, shall be effected without further adjustment and on the Closing Date, Donor shall retain all of the right,title, and interest of Donor in and to any awards that have been made or may thereafter be made for any such taking or takings with respect to the Parcels. ARTICLE IX RISK OF LOSS Risk of loss by fire or other casualty for the Parcels shall be on Donor until the Closing is completed, subject only to the obligations of the Parties under this Agreement. If the Parcels are substantially damaged or destroyed before the Closing by such casualty,then the Donee may elect to cancel the Closing, and neither Party will have any further obligations to the other (except as otherwise specifically provided in this Agreement). 8 ARTICLE X BROKER'S COMNIISSIONS The Parties agree that neither Party is using a real estate broker or other third party in this transaction entitled to a commission. ARTICLE XI REPRESENTATIONS AND WARRANTIES 11.1 Donee's Representations and Warranties. Donee represents and warrants, as of the Effective Date and as of the Closing, to Donor that: 11.1.1 No Conflicts. Donee's execution and performance of this Agreement does not (i) breach any other agreement to which Donee is a party; or (ii) violate any law, judgment, or order to which the Donee is subject. 11.1.2 No Litigation. No litigation, claim, or arbitration is pending or, to the knowledge of the Donee threatened,with regard to performance of this Agreement. 11.2 Donor's Representation and Warranties. Donor represents and warrants,as of the Effective Date and as of the Closing,with respect to the Parcels that: 11.2.1 Title. Donee shall undertake its own title exam of the Parcels. 11.2.2 No Conflicts. Donor's execution and performance of this Agreement does not: (i)breach any other agreement to which Donor is a party; or(ii)violate any judgment, or order to which Donor is subject. 11.2.3 No Notice of Violations. Donee shall make its own investigations regarding any violation of zoning requirements or other ordinances, rules or regulations with respect to the Parcels. 11.2.4 No Litigation. There is no litigation, claim, or arbitration, pending or, to the knowledge of Donor, threatened, with regard to the Parcels or performance of this Agreement by the Donor. 11.2.5 Waiver of Relocation Costs. Donor acknowledges that this is a voluntary transaction between the Parties, and waives any claims for business relocation expenses and moving expenses to which it may be entitled. • 11.2.6 Hazardous Materials. Donee shall make its own investigations regarding Hazardous Materials, this conveyance is AS IS,WHERE IS 9 ARTICLE XII DEFAULT IN CLOSING OBLIGATIONS 12.1 Donor's Default. In the event that the Closing does not occur solely because of default by Donor, and the Donee has fully performed its obligations and is prepared to consummate the Closing, Donee may terminate the Agreement. In the event that Donee elects to terminate this Agreement, Donee shall provide the Donor with written notice of such termination and no Party shall have any further rights or obligations under this Agreement. 12.2 Donee's Default. In the event that the Closing does not occur solely because of default by Donee, and the Donor has fully performed its obligations and is prepared to consummate the Closing, Donor may terminate the Agreement. In the event that Donor elects to terminate this Agreement, Donor shall provide the Donee with written notice of such termination and no Party shall have any further rights or obligations under this Agreement, provided, however, that Donee shall provide Donor with copies of any title, survey, environmental and other third party property condition reports at no cost to Donor. ARTICLE XIII LIMITATIONS ON ASSIGNMENTS Each Party agrees not to assign or transfer any part of the Party's rights or obligations under this Agreement without the prior written consent of the other Party and any such assignment shall not relieve the assigning Party from any of its obligations under this Agreement. ARTICLE XIV NOTICES All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to Donee: City of Roanoke, Virginia Attn: David Hoback Chief of Fire and EMS 713 3rd Street SW Roanoke,VA 2401E Phone: 540-853-1172 10 w/copy to: David L. Collins Deputy City Attorney Room 464 Municipal Building 215 Church Avenue, SW Roanoke,Virginia,24011 Phone: (540) 853-5240 If to Donor: Farrell Properties, Limited Company Berglund Chevrolet, Inc. Attention: Kevin P. Oddo, Esq. 2009 Williamson Road,NE Roanoke,VA 24012 With a copy to: Stephen W.Lemon,Esq. Martin,Hopkins&Lemon,P.C. 1000 Wells Fargo Tower 10 S.Jefferson Street Roanoke,VA 24011 Email: swlemon@martinhopkinsandlemon.com Notice shall be deemed delivered on the date of personal service, five(5)Days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. ARTICLE XV GENERAL PROVISIONS 15.1 Time. Time is of the essence in the performance of the Parties' respective obligations in this Agreement. 15.2 Successors and Assigns. This Agreement shall inure to the benefit of, and be binding on, the Parties hereto and their respective successors and permitted assigns. 15.3 Counterpart Copies. This Agreement may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Agreement binding on all of the Parties hereto, notwithstanding that all of the Parties are not signatories to the.same counterpart. 15.4 Construction. The Parties acknowledge that each Party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 11 15.5 Severability. If a provision of this Agreement is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of this Agreement shall not be impaired. 15.6 Cooperation. Each Party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Agreement. 15.7 Authority to Sign. The persons who have executed this Agreement on behalf of the Parties represent and warrant they are duly authorized to execute this Agreement on behalf of their respective entity. 15.8 Non-waiver. Each Party agrees that any Party's waiver or failure to enforce or require performance of any term or condition of this Agreement or any Party's waiver of any particular breach of this Agreement by any other Party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Agreement or a waiver of any other breaches of the Agreement by any Party and does not bar the non-defaulting Party from requiring the defaulting Party to comply with all the terms and conditions of this Agreement and does not bar the non-defaulting Party from asserting any and all rights and/or remedies it has or might have against the defaulting Party under this Agreement or by law. 15.9 Faith Based Organizations. Pursuant to Virginia Code Section 2.2.-4343.1,be advised that the City of Roanoke,Virginia do not discriminate against faith-based organizations. 15.10 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and no representations, inducements, promises or agreements oral or written,between the parties not embodied herein shall be of any force and effect. This Agreement may not be modified or amended except by written amendment executed by all parties with the same formality as this Agreement. ARTICLE XVI FORCE MAJEURE None of the Parties shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of common enemy, the elements, earthquakes, floods, foes, epidemics, riots, strikes, failures or delay in transportation or communication, shortages of material, approval delays or any act or failure to act by the other party or such other party's employees, agents or contractors. The Parties shall promptly inform and consult with each other as to any of the above causes, which in their judgment may or could be the cause of a delay in the performance of this Agreement. 12 ARTICLE XVII ENTIRE AGREEMENT This Agreement, including, without limitation, its exhibits and other attachments, contains the entire understanding of the Parties regarding its subject matter and supersedes all prior and contemporaneous negotiations and agreements, whether written or oral, between the Parties with respect to its subject matter. No amendment to this Agreement shall be valid unless made in writing and signed by the Parties. ARTICLE XVIII FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this Agreement, the Parties agree and submit themselves to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agree that this Agreement is controlled by the laws of the Commonwealth of Virginia,with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Each Party further waives and agrees not to assert in any such action, suit or proceeding, that the Party is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the venue of the action, suit or proceeding, is improper. ARTICLE XIX CONDITION OF PROPERTY Donee is acquiring the property AS IS, WHERE IS, WITH ALL FAULTS AND DEFECTS. Donee acknowledges and agrees that Donor (nor any agent of Donor) has not made and does not make, and Donor specifically disclaims any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever,whether expressed or implied, oral or written,past,present or future unless expressly set forth in this Agreement. SIGNATURE PAGES TO FOLLOW 13 IN WITNESS WHEREOF,the Parties have executed this Agreement by their authorized representatives as of the date of this Agreement. DONOR: FARRELL PROPERTIES, LIMITED COMPANY, a Virgnia limited liability company By: Printed Name: Title: Print name and title BERGLUND CHEVROLET, INC., a Virginia corporation By: Printed Name: Title: Print name and title DONEE: CITY OF ROANOKE,VIRGINIA, a Virginia municipal corporation By: Dr. Lydia Pettis Patton, Interim City Manager 14 Approved as to form: Approved as to execution: Deputy City Attorney Deputy City Attorney 15 EXHIIBIT A PARCEL 1 (Tax Map No. 3090215) BEING Lot 4, Section"P", as shown on the Map of Williamson Groves, less and except'a small triangular parcel conveyed to Colonial Development Co., Inc., by deed of record in Deed Book 1013,Page 113; PARCEL 2 (Tax Map No. 3090216) BEGINNING at a point on the north side of Forest Hill Avenue, 110 feet West from the Northwest corner of Forest Hill Avenue and Williamson Road: thence with the North side of Forest Hill Avenue, S. 77 deg. 20' W. 40 feet to a point in the line between Lots 3 and 4, Section "P", as shown on the Map of Williamson Groves,hereinafter referred to; thence with the line of said Lot N. 12 degs. 40' W. 153 feet to a point; thence N. 77 deg. 20' E. 40 feet to a point; thence N. 77 deg. 20' E. 40 feet to a point; thence 12 deg. 40' E. 153 feet to the place of BEGINNING; and being the Southwesterly portion of Lot 3, Section"P", as shown on the Map of Williamson Groves, recorded in Plat Book 1, Pages 315 and 317, of the Clerk's Office of the Circuit Court of Roanoke County,Virginia; PARCEL 3 (Tax Map No. 3090217) BEGINNING at a point on the Northerly side of Forest Hill Avenue 50 feet from the Northwesterly corner of Forest Hill Avenue and Williamson Road,which point is the corner of Lots 1 &2,Section "P"; thence along Forest Hill Avenue, S. 77 deg. 20' W. 60 feet to a point; thence with a new division line through Lot 3, Section "P", N. 12 deg. 40' W. 153 feet to a point; thence N. 77 deg. 20' E. 60 feet to a point on the dividing line between Lots 1 & 2; thence S. 12 deg. 40' E. 153 feet to the place of BEGINNING, and being a Southerly portion of Lot 2 and a Southeasterly portion of Lot 3, Section "P", Williamson Groves Map, and a portion of the land purchased from C. L. Wood and wife, by deed bearing date of June 7, 1928, and recorded in Deed Book 177, Page 254, in the Clerk's Office of the Circuit Court of Roanoke County,Virginia; PARCEL 4 (Tax Map No. 3090218) BEGINNING at the northwesterly corner of Williamson Road as formerly located and Forest Hill Avenue; thence along Williamson Road as formerly located N. 12 deg. 40' W. 153 feet to a point;thence S. 77 deg. 20' W. 50 feet to a point;thence S. 12 deg. 40' E. 153 feet to a point on Forest Hill Avenue; thence along Forest Hill Avenue,N. 77 deg. 20' E. 50 feet to the place of BEGINNING, being all of Lot 1, Section "P", according to the Map of Williamson 16 Groves,which Map is of record in the Clerk's Office of the Circuit Court of Roanoke County, in Plat Book 1, at pages 316-317, and a part of the parcel of land conveyed to Williamson Groves Corporation by C. L. Wood and Julia A Wood, by deed dated June 7, 1928, and of record in the Clerk's Office of the Circuit Court of Roanoke County, in Deed Book 177, Page 253; EXCEPTING therefrom, however, so much thereof as was vested in the Commonwealth of Virginia, by decree of the Circuit Court of Roanoke County, Virginia, dated July 23, 1931, which decree is of record in the Clerk's Office of said Court, in Deed Book 205, Page 593; and PARCELS 1-4 BEING the same properties conveyed to Farrell Properties, Limited Company, by deed dated September 12, 1996 from Bruce M.Farrell,of record in the Clerk's Office of the Circuit Court for the City of Roanoke,Virginia, in Deed Book 1773, Page 555. PARCEL 5 (Tax Map No. 3090237) BEGINNING at a point on the west right of way line of Williamson Road,N.E. (60 foot right of way), corner to property of Starlite,Inc. (bearing City of Roanoke Official Tax No. 3090234), thence leaving Williamson Road and with the property of Starlite, Inc., and partly with a party wall, S. 74°21' 00"W. 28.83 feet to a point; thence still with Starlite,Inc. S. 15° 39' 00"E. 6.22 feet to a point; thence still with Starlite, Inc. S. 75° 52' 00"W. 307.69 feet to a point; thence leaving the property of Starlite, Inc. and with Lots 13A, 14A and 16A, Section P,Map of Williamson Groves,N. 35° 05' 00"W. 244.87 feet to a point on the southeast line of Lot 17A, Section P, Williamson Groves; thence with Lots 17A and 20A1 N. 43°46' 00"E. 73.55 feet to a point; thence with Lot 20A1 S. 46° 14' 00"E. 5.80 feet; thence with Lots 20A1, 10A, 9A and 8A N. 51° 33' 00"E. 143.80 feet to a point; thence leaving Lot 8A and with property of Lance A. Copperman,Melvin Mehl et al., and Walter&Walter Properties,LLC, S. 18° 35' 00" E. 250.46 feet to a point; thence with the property of Walter&Walter Properties, LLC,N. 75° 22' 00"E. 204.70 feet to a point on the west right of way line of Williamson Road,N.E.; thence with Williamson Road S. 16° 59' 00"E. 67.25 feet to the point of BEGINNING, containing 1.455 acres, bearing City of Roanoke Official Tax Number 3090237, and being as shown on"Plat Showing Property(1.455 Ac.) To Be Conveyed to Farrell Properties Limited Company by Brok- Cabb Enterprises, Inc. Being Parts of Lots 10, 11, 12, 13, 14, 15 & 16, Section"P",Williamson Groves Map and Parts of Lots 1-6 C.L. Wood Map,"made by Lumsden Associates,P.C., dated October 16, 2000, a copy of which plat is recorded as Instrument No. 000014827; and BEING the same property conveyed to Berglund Chevrolet,Inc., a Virginia Corporation,by deed dated November 9, 2000 from Brok-Cabb Enterprises, Inc., a Virginia Corporation, of record in the Clerk's Office of the Circuit Court for the City of Roanoke,Virginia, as Instrument No. 000014827. 17 EXHIBIT B FORM OF DEEDS 18 EEAB Report to City Council for 2024-2025 December 16, 2024 In 2024: 1. There are currently three subcommittee recommendations in the pipeline to City Council from Neighborhood Choice, Break the Cycle of Poverty, and Inclusive Culture. They await City Council review. a. In order to identify and cultivate collaborative opportunities within each school neighborhood, the Break the Cycle of Poverty subcommittee recommends that City Council, the School Board, and other community organizations plan programs and workshops to expose students to opportunities for further education. These opportunities may include CCAP, college tours, FAFSA workshops, or information on scholarships and resume writing. b. In order to ensure affordable housing is available in all neighborhoods in the City, the Neighborhood Choice subcommittee recommends that City Council conduct a formal needs assessment in relation to housing needs. This will establish a baseline, both quantitatively and qualitatively, of what residents prioritize in relation to affordable housing. c. In order to promote dialogue with nonprofits and businesses on equity, diversity, and inclusion, the Inclusive Culture subcommittee recommends that the City create a Human Rights Coalition. The Coalition will be made up of businesses and nonprofits that are actively engaged in anti-racism, diversity, equity, and • inclusion work. 2. The EEAB initiated its new bi-monthly meeting schedule, in contrast to the monthly schedule in place previously, and the schedule continued successfully through 2024. 3. The EEAB has begun a rotation of sites other than the Council Conference Room for our meetings. We met at the Gainsboro Court Library in September and at the Main City Library in November. 4. The EEAB welcomed new Board members Deb Carter and Danielle Johnson. 5. EEAB Notes continued to be published on a bi-monthly schedule. It is a multi-purpose document which includes Subcommittee notes to keep all Subcommittee members apprised of what other Subcommittees are working on. Its content also includes remarks from the Chair, book recommendations, inspirational quotations and a schedule of events that pertain to the work of the EEAB or that members may find informative. 6. The Board continued to edit the draft of the City of Roanoke Urban Renewal Apology 7. In its November meeting, the Board reviewed and made minor changes to the EEAB By- Laws and Rules of Procedure and approved the revised document unanimously (6-0). 8. Due to membership erosion in three of our five Subcommittees, the Board voted to have Trust and Inclusive Culture remain as Subcommittees, while combining Break the Cycle of Poverty, Neighborhood Choice, and Service Delivery into one Subcommittee. In 2025: 1. EEAB Chair Angela Penn has directed the Subcommittees to review and focus clearly on their components of City Plan 2040, especially in regard to making action plan recommendations to City Council. 2. The EEAB will need to replace three members who are leaving for separate reasons, including newly elected Council Member Phazhon Nash. We exhort Council to move as swiftly as possible in selecting our new members, given the large percentage of replacements needed. 3. The EEAB will finalize the selection of new Subcommittee chairs. 4. We will continue with monthly scheduled Subcommittee meetings. 5. Additionally, the EEAB will work to standardize agendas, procedures, and meeting logistics for all subcommittees. 6. Our site rotation utilizing City libraries will continue, with Raleigh Court, Melrose and Main Libraries the site of our meeting twice each in 2025. 7. We will continue to publish EEAB Notes on a bi-monthly basis. Respectfully submitted, Angela Penn, Chair Equity and Empowerment Advisory Board Subcommittee Recommendation Date: 1/2/2024 Interwoven Equity Priority: Break the Cycle of Poverty Policy Number& Description: Policy Four: Provide quality education for all residents Action Item:Identify and cultivate collaborative opportunities with businesses, non-profits, community organizations, and faith-based organizations within each school neighborhood Overview: (100 words or less) We would like City Council, Roanoke City School Board, and community organizations to engage in dialogue in summer 2024 to plan multiple programs and workshops that expose students and their families to: • College tours • FAFSA education • Resume writing • Scholarship information • CCAP workshops Recommendation(s): (500 words or less) The City of Roanoke has several community groups and organizations that work on preparing students for the college admissions process. However, many groups have voiced difficulty in communicating with Roanoke City Schools and a lack of support or awareness about what programs in the community currently exist from both City Council and Roanoke City School Board. We recommend that a workshop be held with members of City Council, the School Board, City administrators, and community groups. This should be conducted in the summer of each school year. The group should review data about that year's graduating class, evaluating information such as how many graduated, how many dropped out, how many are going on to higher education, or how many graduated with a trade certification. They should then take this information and strategically create, implement, and promote programs with the goal of continuously increasing the high school graduation rate and the number of students who go on to higher education. They should brainstorm programs and events tailored towards sophomores and juniors, so when senior year arrives students and their families should be able to execute the necessary steps with assistance from school guidance counselors and community partners. Potential Outcome: (100 words or less) 1. Reduce the burden on school guidance counselors 2. Continuously increasing the high school graduation rate 3. Increase the amount of Roanoke City students who further their education at the collegiate level 4. Educate parents and caregivers so they can serve as resources for others in their communities Equity and Empowerment Advisory Board Subcommittee Recommendation Date: 10/10/2023 Interwoven Equity Priority: Neighborhood Choice Policy Number& Description: Policy 4: Develop varied and affordable housing options in each neighborhood Action Item: Ensure affordable housing is available in all neighborhoods in the city Overview: (100 words or less) The City of Roanoke needs to establish a baseline, both quantitatively and qualitatively, of what its residents prioritize in relation to affordable housing. Such priorities may include, but are not limited to: rent assistance; housing grants; building conversion or remodeling; rent control; distance from workplaces, schools, grocers, and other resources; and so on. Before any systemic change can occur, the City must understand the needs of its residents as expressed by the residents. A formal needs assessment combining data from multiple sources would assist this matter. Recommendation(s): (500 words or less) The subcommittee recommends that City Council conduct a formal needs assessment for its residents in relation to housing needs. This needs assessment should not only utilize existing secondary data (tax information, real estate documents, etc.) but also survey the residents of the City of Roanoke on the following areas: 1.) Housing status (unhoused, rent, own, share, etc.) by neighborhood 2.) Average monthly housing cost by neighborhood and what the cost covers (utilities, property tax, etc.) 3.) For rental properties: difference between monthly cost of living and property maintenance requirements and costs (i.e., is the price reasonable?) 4.) Priorities for residents: distance to school, distance to grocer, cost of utilities, etc. 5.) Other points of interest This assessment could take the form of a public report to be delivered to City Council for the development of a policy agenda and future action items. Potential Outcome: (100 words or less) 1. A public report detailing the state of the City in terms of housing 2. A policy agenda for City Council based on that report 3. A list of potential partners and developers to assist in meeting the outlined needs of residents, noting whether or not said parties are locally based and their scope of work 4. A list of potential sites for housing conversion or remodeling 5. A list of funding sources and grants to meet needs outlined in the report Equity and Empowerment Advisory Board Subcommittee Recommendation Date: 2/17/2024 Interwoven Equity Priority: Inclusive Culture Policy Number& Description: Lead development of a culture of inclusion thoughout Roanoke Action Item: Promote dialogue with nonprofits and businesses on equity, diversity, and inclusion Overview: (100 words or less) Create a Human Rights Coalition made up of businesses and nonprofits upon which the City of Roanoke will be able to depend for support and assistance in diversity, equity, and inclusion work. Businesses and nonprofits who join the Coalition must be currently and actively engaged in implementing diversity, equity, inclusion, and belonging strategies. Such a Coalition will increase access to resources including training, capacity-building, and networks to help ensure a culture of inclusion throughout the City of Roanoke. Recommendation(s): (500 words or less) The City will create a Human Rights Coalition made up of businesses and nonprofits who are actively engaged in anti-racism, diversity, equity, and inclusion work. Members of the Human Rights Coalition must: • Complete the Coalition Member application; • Have a board-approved diversity, equity, and inclusion statement and/or current financial resources and staff dedicated to anti-racism/DEI work; • Have a clearly stated commitment to anti-racism/DEI work incorporated into their strategic plan or a commitment to add one when the strategic plan is updated; • Be able to summarize with outcomes what work and strategies have taken place over the last twelve months Applications for membership and funding from the Human Rights Coalition will be accepted twice a year, a Spring and Fall Cycle. The Equity and Empowerment Advisory Board will review applications for Coalition members and approve Coalition memberships. Members of the Human Rights Coalition will have access to city funding earmarked for anti- racism/DEI strategies to be able to effectively execute programs and strategies. Organizations must be active members of the Coalition for at least six months before submitting an application for funding. Applications for funding are required to have, at minimum, two collaborative businesses or organizations working together to implement anti-racism/DEI programs or strategies. Organizations who receive funding are not eligible to re-apply for one calendar year. Organizations who apply for funding but do not receive it are eligible to apply in the next cycle. The Human Rights Coalition will meet quarterly. Meetings can be networking luncheons, training opportunities, keynote speakers, coalition member updates, etc. Potential Outcome: (100 words or less) 1. The effectiveness of anti-racism/DEI work can greatly increase when city government, businesses, and nonprofits work together in a collaborative manner. 2. A collaborative approach will break down silos, prevent duplication of services, and be more sustainable. 3. The City of Roanoke will be able to utilize the capacity and power of other organizations to help implement strategies from the 2040 Plan. 4. The Coalition can also serve as a pipeline to recruit members for the EEAB, subcommittees, or other City boards, and to channel resources and information to the community. r / .'` ,, CITY OF ROANOKE _` OFFICE OF THE CITY CLERK 'a4 f• 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 , Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA F.MCCOY,CIVIC CECELIA T..WEBS,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk December 20, 2024 Kelvin C. Bratton, Director Real Estate Valuation Roanoke, Virginia Dear Mr. Bratton: At a regular meeting of the Council of the City of Roanoke, which was held on Monday, December 16, 2024, you were appointed as Director of Real Estate Valuation for the City of Roanoke, for a two-year term commencing October 1, 2024, and ending September 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. 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." • Sincerely, � f-. Cecelia F. McCoy, CMC fi' ' City Clerk Enclosures 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 sixteenth day of December 2024, Kelvin C. Bratton was appointed as Director of Real Estate for the City of Roanoke, for a two-year term commencing October 1, 2024 and ending September 30, 2026. Given under my hand and the Seal of the City of Roanoke this twentieth day of December 2024. • 6e,e-de:fed LI)26 City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16t'day of December, 2024. No. 43109-121624. A RESOLUTION electing and appointing Kelvin C.Bratton as Director of Real Estate Valuation for the City of Roanoke,and ratifying the terms and conditions of employment as offered to Mr.Bratton. WHEREAS,the City Council desires to elect and appoint Kelvin C.Bratton as Director of Real Estate Valuation pursuant to Section 8 of the Roanoke Charter of 1952; and WHEREAS, Mr. Bratton has agreed to accept election and appointment as Director of Real Estate Valuation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Kelvin C.Bratton is hereby elected and appointed as Director of Real Estate Valuation of the City of Roanoke effective October 1, 2024, for a term which shall expire September 30, 2026. 2. The terms and conditions of Mr. Bratton's election and appointment as Director of Real Estate Valuation shall be as hereinafter set forth: (a) The annual salary shall be $155,000 ($5,961.54 biweekly); (b) The City shall pay on behalf of Mr. Bratton, as deferred compensation, the sum of $2,000 each quarter to the City's deferred compensation plan for Mr.Bratton's participation in said deferred compensation plan, and the City shall execute any necessary agreements to provide for such payment. During the first year of employment,such amount shall be prorated based on the number of weeks actually worked; (c) Mr. Bratton will be eligible, as a full time employee, to participate in the Roanoke Pension Plan in accordance with the terms of that plan; (d) Recognizing that the job requirements of the Director of Real Estate Valuation routinely require incurring of travel related expenses in the course of City business, an annual salary increment of$2,500 shall be provided for use by Mr.Bratton of a privately-owned or leased automobile in the conduct of official City business, paid in bi-weekly payments of$96.15; (e) Unless the City provides Mr. Bratton with a cell phone,the City will provide Mr. Bratton with a monthly stipend, pro-rated for partial months, consistent with City policies to help off-set charges associated with use of his personal cell phone; (f) The City will put into force on Mr. Bratton's behalf a disability insurance policy consistent with that available to other Council appointed officers; (g) Mr. Bratton will be eligible, as a full time employee, to participate in the City's group medical and dental plan. The City shall pay the employer's portion of the premium; (h) With respect to all other benefits and terms and conditions of employment not specifically enumerated in this resolution, Mr. Bratton shall be accorded the same benefits, and shall be subject to such terms and conditions on the same basis as other similarly situate employee of the City. 3. Mr. Bratton will make arrangements to qualify for office by taking the required Oath of Office as soon as practicable. ATTEST: 6,e_e_ge;t, City Clerk. �.__ IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA, The 16th day of December, 2024. No. 43110-121624. A RESOLUTION honoring W. Heywood Fralin as the City of Roanoke's 2024 Citizen of the Year for his lifelong dedication to education, healthcare, community service, and the arts, as well as his extraordinary contributions to the betterment of our community. WHEREAS, W. Heywood Fralin is a lifelong resident of Roanoke, Virginia, having attended Jefferson High School, graduating class of 1958, before earning degrees from the University of Virginia and the Washington College of Law at American University; WHEREAS, Mr. Fralin has demonstrated exemplary leadership in higher education through his service on the Board of Visitors for the University of Virginia, including two years as Rector, as well as his tenure as Chair of the Virginia Business Higher Education Council for over 15 years, Chair of the Virginia State Council of Higher Education, and a member of the Board of Visitors for Virginia Tech; WHEREAS, Mr. Fralin's civic contributions include his past service on the Boards of Directors of numerous esteemed organizations, including Carilion Roanoke Memorial and Roanoke Valley Community Hospitals, the Virginia Tech Carilion Biomedical Research Institute, the Virginia Historical Society, the Roanoke Valley Business Council, among others; WHEREAS, Mr. Fralin has been a steadfast supporter of the Roanoke community through his involvement with organizations such as the Jefferson Center, Youth Haven, and the Roanoke Valley Chamber of Commerce, in addition to his dedicated service to St. John's Episcopal Church as a member, Vestry, and Treasurer; WHEREAS, Mr. Fralin continues to serve the community through his current roles as Vice Chair of the Board of the Taubman Museum of Art, a Board member of the Virginia Western Community College Foundation, and as a representative of the University of Virginia Athletics Foundation Board of Visitors; WHEREAS, Mr. Fralin has played a pivotal role in advancing medical research and innovation as an advocate for the Fralin Biomedical Research Institute at Virginia Tech; WHEREAS, Mr. Fralin's commitment to the growth and vitality of the Commonwealth of Virginia is exemplified by his service on the Virginia Growth and Opportunity Foundation Board; and WHEREAS, Mr. Fralin's lifelong dedication to education, healthcare, community service, and the arts has made an indelible impact on the City of Roanoke and beyond. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council recognizes, commends, and honors W. Heywood Fralin as the 2024 City of Roanoke Citizen of the Year for his extraordinary contributions to the betterment of our community and his unwavering commitment to service and excellence. 2. The City Clerk is directed to forward an attested copy of this resolution to W. Heywood Fralin as an expression of the City's gratitude and admiration for his exceptional leadership and service. --� Attest: • City Clerk = ;'�'— IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 2024. No. 43111-121624. A RESOLUTION paying tribute to the Honorable Stephanie Moon Reynolds, and expressing to her the appreciation of the City and its people for her exemplary public service. WHEREAS, Mrs. Moon Reynolds is a native of Roanoke, Virginia, and earned an Associate Degree in Applied Science and Legal Assisting from Virginia Western Community College in Roanoke, Virginia; - WHEREAS, during her career Mrs. Moon Reynolds served in every position in the City Clerk's Office, and retired as City Clerk in 2019; WHEREAS, in 2021 Mrs. Moon Reynolds was elected to serve on Roanoke City Council; WHEREAS, as a member of Roanoke City Council, Mrs. Moon Reynolds has served on Boards and Committees including Roanoke City Council Personnel Committee; Roanoke City Council Legislative Committee; as Liaison for the Roanoke Redevelopment and Housing Authority; as an Elected Official Representative for the Virginia Municipal League's Community and Economic Development Policy Committee; as an Elected Official Representative for the Roanoke Valley- Alleghany Regional Commission; and as an At-Large Member, Board of Directors, Virginia Municipal League; WHEREAS, her civic activities in the community include Board Member, Project Discovery Program, Total Action for Progress; Member, Kiwanis Club of Roanoke; Member, Roanoke Valley Sister Cities; and Member, the Roanoke Chapter of the National Association of Parliamentarians; and WHEREAS, it is appropriate and right that this City Council express its appreciation for the service provided by Mrs. Moon Reynolds to the City and its citizens. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable Stephanie Moon Reynolds. 2. The City Clerk is directed to forward an attested copy of this resolution to the Honorable Stephanie Moon Reynolds with the appreciation of Roanoke City Council and the citizens of Roanoke, Virginia for her exemplary service on Roanoke City Council. Attest: i _&e & /' , City Clerk ; IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 2024. No. 43112-121624. A RESOLUTION paying tribute to the Honorable Trish White-Boyd, and expressing to her the appreciation of the City of Roanoke and its people for her exemplary public service. WHEREAS, Ms. White-Boyd has faithfully served the City of Roanoke during her terms of office, including completing the unexpired term of a former Councilmember from January 16, 2019,to December 31, 2020, serving as Vice-Mayor from January 1,2021,to December 31,2022, and continuing to serve on City Council through December 31, 2024; WHEREAS, Ms. White-Boyd brought her extensive professional experience as President of Star City Management Services,Director of Blue Ridge Senior Services, and a Certified Senior Advisor to her work on behalf of the City of Roanoke; WHEREAS, Ms. White-Boyd's educational achievements, including earning a Bachelor of Science in Business Administration from Averett University in Danville, Virginia, have informed her leadership and dedication to the community; WHEREAS, Ms. White-Boyd has demonstrated exceptional leadership through her Council assignments as Vice-Chair of the Legislative Committee, Chair of the Personnel Committee, Chair of the Audit Committee, Elected Official Representative to the Equity and Empowerment Advisory Board, and Elected Official Representative to the Virginia Municipal League Financial Policy Committee; WHEREAS, Ms. White-Boyd's civic and volunteer activities, including her membership in Delta Sigma Theta Sorority, as well as her contributions as a committee member of the Greater Grandview Neighborhood Association and former board member of Roanoke Higher Education and the League of Older Americans, have significantly enriched the Roanoke community; WHEREAS, during her tenure as Vice-Mayor, Ms. White-Boyd co-chaired the Star City Strong Recovery and Resiliency Advisory Panel, which provided equitable, community-driven recommendations for the distribution of American Rescue Plan Act (ARPA) funds, resulting in national recognition for best practices in ARPA funding utilization; and WHEREAS, Ms. White-Boyd was instrumental in renaming Lee Plaza to Henrietta Lacks Plaza, working with the Equity and Empowerment Advisory Board to honor the legacy of Henrietta Lacks. She spearheaded efforts and fundraising to erect a statue of Henrietta Lacks, and collaborated with Hidden in Plain Sight to highlight Black history in Roanoke. THEREFORE, BE IT RESOLVED,by the Council of the City of Roanoke as follows: 1. Council adopts this resolution as a means of recognizing and commending the dedicated service of the Honorable Trish White-Boyd to the City of Roanoke and its people. 2. The City Clerk is directed to forward an attested copy of this resolution to the Honorable Trish White-Boyd with appreciation of Roanoke City Council and the residents of Roanoke, Virginia for her distinguished service. ---_` ATTEST: =� City Clerk. • IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 2024. No. 43113-121624. A RESOLUTION honoring Mayor Sherman P. Lea, Sr. for his Distinguished Service to the City of Roanoke("City"). WHEREAS, Sherman P. Lea, Sr. has served the City with unwavering dedication for 20 years on the Roanoke City Council, including eight years as Mayor and five years on the Roanoke City School Board, demonstrating a steadfast commitment to the betterment of the community; WHEREAS, during his tenure, Mayor Lea has championed numerous initiatives that have profoundly impacted the City, including the adoption of strategic plans such as the City Plan 2040, Downtown Roanoke Plan, Climate Action Plan, and Parks and Recreation Master Plan, guiding the City's vision for a vibrant and sustainable future; WHEREAS, under his leadership, Roanoke received its eighth All-America City designation and became the first city in the nation inducted into the All-America City Hall of Fame, showcasing its excellence and community spirit on a national stage; WHEREAS, Mayor Lea has championed infrastructure and community development through projects such as the redevelopment of the Colonial Avenue corridor, the reintroduction of Amtrak service to Roanoke, the replacement of the Franklin Road Bridge, and the expansion of the Roanoke River Greenway; WHEREAS, his commitment to education and youth is evident through the redevelopment of William Fleming and Patrick Henry High Schools and the formation of the Lea Youth Outdoor Basketball League, fostering opportunities for young residents of Roanoke; WHEREAS, Mayor Lea has spearheaded efforts to improve quality of life in Roanoke, including the creation of the Roanoke Financial Empowerment Center and the support for the expansion of Carilion Clinic and the Fralin Biomedical Research Institute; WHEREAS,his dedication to public service was exemplified by his leadership in the Star City Strong Recovery Framework during the COVID-19 pandemic, ensuring the effective allocation of CARES and ARPA funding to support the community during unprecedented challenges; WHEREAS, Mayor Lea's legacy is further highlighted by his efforts in community revitalization, including the redevelopment of library branches, the initiation of a grocery store in Northwest Roanoke, and the redevelopment of the American Viscose Plant into Riverdale; and WHEREAS, Mayor Lea has served the City diligently and with distinction, and upon concluding his service as a member of Roanoke City Council, he will be remembered for his leadership characterized by his vision, integrity, and dedication. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council adopts this Resolution as its means of recognizing and commending the remarkable and meritorious service of Mayor Sherman P. Lea Sr. to the City and its people and expresses its deepest gratitude on behalf of the City and its residents. 2. The City Clerk is directed to provide an attested copy of this Resolution to Mayor Sherman P. Lea Sr. in appreciation of his dedicated service. ATTEST: City Clerk. • r,' ' 4 ct CITY OF ROANOKE OFFICE OF THE CITY CLERK it( `" 215 Church Avenue,S.W.,Room 456 . 1b •� Roanoke,Virginia 24011-1536 1'NS Telephone: (540)853-2541 - '' Fax: (540)853-1145 E-mail: clerk n roanokeva.gov CECELIA F.MCCOY,CMC CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk December 19, 2024 Isabel Thornton, Executive Director Restoration Housing 1116 Main Street, Suite B Roanoke, Virginia 24015 Dear Ms. Thornton: • I am enclosing copy of Ordinance No. 43114-121624 exempting from real estate property taxation certain real properties, located in the City ofRoanoke owned by 530 Day, LLC and 1018 Patterson, LLC, both entities being single member limited liability companies whose sole member is Restoration Housing, a Virginia non-stock, non-profit 501©3 corporation, effective January 1, 2025. After this measure is properly executed, please forward to the City Clerk at the addressed listed above. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 16, 2024. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure pc: The Honorable Ryan S. LaFountain, Commissioner of the Revenue Dr. Lydia Patton, Interim City Manager Timothy R. Spencer, City Attorney David Collins, Deputy City Attorney Kelvin Bratton, Director, Real Estate Valuation Margaret Lindsey, Director of Finance Lesha Van Buren, Budget Analyst IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA, The 16th day of December, 2024. No. 43114-121624. AN ORDINANCE exempting from real estate property taxation certain real properties located in the City of Roanoke owned by 530 Day, LLC and 1018 Patterson, LLC, both entities being single member limited liability companies whose sole member is Restoration Housing, a Virginia non-profit 501(c)(3) corporation (collectively, the "Applicant"); providing for an effective date, and dispensing with the second reading of this Ordinance by title. WHEREAS, Applicant has petitioned City Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6)of the Constitution of Virginia and Section 58.1-3651, Code of Virginia(1950), as amended; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by City Council on December 16, 2024; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended,have been examined and considered by City Council; WHEREAS, Restoration Housing agrees that the real property to be exempt from taxation is certain real estate, including the land and any building located thereon, identified bY Official Tax Map No. 1120607, and commonly known as 530 Day Avenue, S.W., Roanoke, Virginia, owned by 530 Day, LLC, and shall be used by the Applicant exclusively for charitable or benevolent purposes on a non- profit basis; and WHEREAS, Restoration Housing agrees that the real property to be exempt from taxation is certain real estate, including the land and any building located thereon, identified by Official Tax Map No. 1112604, and commonly known as 1018 Patterson Avenue, S.W., Roanoke, Virginia, owned by 1018 Patterson, LLC, and shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke's real estate tax levy which would be applicable to the properties at 530 Day Avenue, S.W.,and 1018 Patterson Avenue, S.W.,were such properties not exempt from such taxation,for so long as such properties are exempted from taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates the Applicant, a non-stock, non-profit 501(c)(3) corporation, as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia and Section 58.1-3651, Code of Virginia(1950), as amended, and hereby exempts from real estate taxation the real property at 530 Day Avenue, S.W., and 1018 Patterson Avenue, S.W., owned by the Applicant and used exclusively for charitable or benevolent purposes on a non-profit basis. Continuance of this exemption shall be contingent on the continued use of the properties in accordance with the purposes that the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy, which would be applicable to the real properties at 530 Day Avenue, S.W., and 1018 Patterson Avenue, S.W, were such properties not exempt from taxation, for so long as the properties are exempted from taxation. 3. This Ordinance shall be in full force and effect on January 1,2025,if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance and to Isabel Thornton, President, Restoration Housing. 5. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. • ACCEPTED, AGREED TO, AND EXECUTED by Restoration Housing, a Virginia non-stock, non- profit corporation, this day of , 2024. Restoration Housing, a Virginia non-stock, non-profit 501(c)(3) corporation, By: Name: Title: 1 - t0_Taw1 '''�• `-' . _,. • CITY OF ROANOKE �s OFFICE OF THE CITY CLERK • - s s } - 215 Church Avenue,S.W.,Room 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 March 25, 2025 The Honorable Ryan LaFountain The Honorable Tasha Burkett Commissioner of the Revenue City Treasurer Roanoke, Virginia Roanoke, Virginia • Dear Mr. LaFountain and Ms. Burkett: I am forwarding an attested copy of Ordinance No. 43114-121624 exempting from real estate property taxation certain real property, located in the City of Roanoke owned by 530 Day, LLC and 1018 Patterson, LLC, which has been properly executed by 530 Day, LLC and 1018 Patterson, LLC, for purposes of assessment and collection of the service charges established by the Ordinance. Sincerely, J-. L� Cecelia F. McCoy, CMC City Clerk Enclosure pc: Isabel Thornton, Executive Director, Restoration Housing, 1116 Main Street, Suite B, Roanoke, Virginia 24015 Kelvin Bratton, Director, Real Estate Valuation • Valmarie Turner, City Manager Timothy R. Spencer, City Attorney David Collins, Deputy City Attorney Margaret Lindsey, Director of Finance ( IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA, �•J The 16th day of December,2024. No.43114-121624. AN ORDINANCE exempting from real estate property taxation.certain real properties located in the City of Roanoke owned by 530 Day, LLC and 1018 Patterson, LLC,both entities being single member limited liability companies whose sole member is Restoration Housing, a Virginia non-profit 501(c)(3) corporation (collectively, the "Applicant"); providing for an effective date, and dispensing -— —with the second r adirig of this Ordinance by title. r y r WHEREAS, Applicant has petitioned City Council to exempt certain real property of the Applicant from taxation pursuant to Article X,Section 6(a)(6)of the Constitution of Virginia and Section 58.1-3651,Code of Virginia(1950),as amended; • WHEREAS,a public hearing at which all citizens had an opportunity to be heard with respect to C) the Applicant's petition was held by City Council on December 16,2024; WHEREAS, the provisions of subsection B. of Section 58.1-3651, Code of Virginia(1950), as amended,have been examined and considered by City Council; WHEREAS, Restoration Housing agrees that the real property to be exempt from taxation is certain real estate, including the land and any building located thereon,identified by Official Tax Map • . _ No. 1120607,and commonly known as 530 Day Avenue,S.W.,Roanoke,Virginia, owned by LLC, and shall be used by the Applicant exclusively for charitable or benevolent purposes on.a non- profit:basis;and _ WHEREAS, Restoration Housing agrees that the real property to be exempt from taxation is certain real estate, including the land and any building located thereon, identified by Official Tax Map No. 1112604,and commonly known as 1018 Patterson Avenue, S.W., Roanoke, Virginia, owned by 1018 Patterson, LLC, and shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis;and WHEREAS, in. consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent(20%)of the City of Roanoke's real estate tax levy which would be applicable to the properties at 530 Day Avenue, S.W.,and 1018 Patterson Avenue,S.W.,were such properties not exempt from such taxation,for so long- as such properties are exempted from taxation. ---- THEREFORE,BE IT ORDAINED by the Council of•the City of Roanoke as follows: 1. Council classifies and designates the Applicant, a non-stock, non-profit 501(cX3). corporation,as a charitable or benevolent organization within the context of Section 6(a)(6)of Article X of the Constitution of Virginia and Section 58.1.3651,Code of Virginia(1950),as amended,and hereby exempts from real estate taxation the real property at 530 Day Avenue, S.W., and 1Q18 Patterson (( 11 Avenue,S.W.,owned by the Applicant and used exclusively for charitable or benevolent purposes on a non-profit basis.Continuance of this exemption shall be contingent on the continued use of the properties in accordance with the purposes that the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance,the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service chargein an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy, which would be applicable to the real_ _ properties at 530 Day Avenue,S.W.,and 1018 Patterson Avenue,S.W,were such properties not exempt from taxation,for so long as the properties are exempted from taxation. 3. This Ordinance shall be in full force and effect on January 1,2025,if by such time a copy, duly executed by an authorized officer of the Applicant,has been filed with the City Clerk. 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection,respectively,of the service charge established by this Ordinance and to Isabel Thornton,President,Restoration Housing. 5. Pursuant to Section 12 of the City Charter,the second reading of this Ordinance by title is hereby dispensed with. . • ATTEST: _: . „ y • City Clerk. ; , • .`� ACCEPTED, AGREED TO, AND EXECUTED by Restoration Housing, a Virginia non-stock,non- profit corporation,this -14/11ay of %4tux c.)n ,202S Restoration Housing,a Virginia non-stock,non-profit 5(11(c)(3)corporation, By: , 404.10 Name: _sea OV Tb f Title: .c ti r U City Manager's Report 111.1*Wiewi Submitted by: Margaret Lindsey, Director Department of Finance ROANOKE December 16, 2024 Title: Tax Exemption Request for Real Property owned by 530 Day, LLC and 1018 Patterson, LLC (Restoration Housing). Background: 530 Day LLC, and 1018 Patterson, LLC ("Owners"), own real property located at 530 Day Avenue, SW (Roanoke Official Tax Map No. 1120607), and 1018 Patterson Avenue, SW (Roanoke Official Tax Map No.1112604) (collectively, the "Property"), respectively. The owners are both limited liability companies, whose sole member is Restoration Housing, a 501(c)(3) non-stock, non-profit corporation. The owners rent these parcels to low-income individuals as affordable housing. Restoration Housing manages and operates the property as the sole member of the owners. Restoration Housing states that its mission is to develop blighted property into affordable rental properties for the benefit of under-resourced communities through rehabilitation and stewardship. The tenants that occupy its properties are all below 80% of the Area Median Income ("AMI") for the City of Roanoke, which makes them eligible for affordable housing by the IRS' definition for charitable giving status. According to Restoration Housing, rent for the apartments at 530 Day Avenue ranges from $950 to $1250, depending on the number of bedrooms in each apartment. The tenant's incomes are approximately 60% of the AMI. Rent payments at this location are subsidized through vouchers provided by the Roanoke Redevelopment and Housing Authority. Rent for the apartments at 1018 Patterson Avenue is $950 for a three-bedroom apartment and $750 for a two-bedroom apartment. Rent at this location is 60% AMI, and is not subsidized through vouchers. Considerations: On May 19, 2003, the City Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City by Resolution 36331-051903, with an effective date of January 1, 2003. Under this policy and procedure, tax exemption petitions must be received by the City by April 15 for exemptions to be effective July 1, and by October 15 for exemptions to be effective January 1. The owners have provided the necessary information to the City for City Council to consider its application for tax exemption of the property that would take effect January 1, 2025. The total assessed value of the property at 530 Day Avenue, SW, is $331,900 for the 2024- 2025 tax year for which tax exemption is sought, with a total tax of$1,767.78 for that year. If the exemption is granted and becomes effective January 1, 2025, a 20% service charge will be assessed for the remainder of that year, and thereafter annually, in lieu of real estate taxes, commencing with the second installment of real estate taxes due on April 5, 2025. For the 2024-2025 tax year, the loss of revenue to the City of Roanoke will be $707.11 for the tax installment due on April 5, 2025, after a service charge is levied in lieu of real estate taxes. The total assessed value of the property at 1018 Patterson Avenue, SW, is $231,900 for the 2024-2025 tax year for which tax exemption is sought for the 2024-2025 tax year, with a tax of $1,535.98. If the exemption is granted and becomes effective January 1, 2025, a 20% service charge will be assessed for the remainder of that year, and thereafter annually, in lieu of real estate taxes, commencing with the second installment of real estate taxes due on April 5, 2025. For the 2024-2025 tax year, the loss of revenue to the City of Roanoke will be $614.39 for the tax installment due on April 5, 2025, after a service charge is levied in lieu of real estate taxes. The Director of Real Estate Valuation has determined that the property is not exempt from taxes by classification or designation under the Code of Virginia. Pursuant to Section 58.1- 3651, the governing. The IRS recognizes Restoration Housing as a 501(c)(3) tax-exempt organization. Restoration Housing provides a clear benefit to the community by restoring blighted property to productive use as affordable housing. Restoration Housing states that it operates on very thin margins to manage and operate the property while providing affordable rent. Notification of a public hearing to be held December 16, 2024, was duly advertised in the Roanoke Times. Recommended Action: After consideration of comments received at the public hearing, and determining that granting the exemption requested is appropriate, adopt an ordinance to authorize Restoration Housing's exemption from real property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, and Section 58.1-3651, Code of Virginia, effective January 1, 2025. Lydia Patton, Interim City Manager VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X,SECTION 6(a)(6)OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: la. Your Petitioner, CZ® 10 VVUL 1.1—C a Virginia,non-stock,not for profit corporation owns certain real property, located at 510 t)ci hargruk. in the City of Roanoke,Virginia, which property is City of Roanoke Tax Map ID#%I?1)Witth a total assessed value of$%`a,% 1°MAand a total of$t at0.VZin real property taxes that were paid or would have been paid in the most recent year,desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651,of the Code of Virginia,as amended,in order that the referenced real property,to be used exclusively for charitable and benevolent purposes in 6—C. • * . e % 1 IVO 11� A. Ycle_ (Describe proposed use of real property,if applicable.) be exempt from taxation under the provisions of Article X, Section 6 (a)(6)of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. (if requesting exemption for personal property,complete section 1.b) lb. Your Petitioner, a Virginia,non-stock,not for profit corporation owns certain personal property,located at in the City of Roanoke, Virginia,with a total assessed value of$ and a total of $ in personal property taxes that were paid or would have been paid in the most recent year,desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651,of the Code of Virginia,as amended,in order that the referenced personal property,to be used exclusively for charitable and benevolent purposes in (Describe proposed use of personal property,if applicable.) 1 Updated 6/12/2024 be exempt from taxation under the provisions of Article X,Section 6 (a)(6)of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. 2. Your Petitioner agrees to pay to the City of Roanoke,an annual service charge in an amount equal to twenty percent(20%)of the City of Roanoke tax levy, which would be applicable to this real estate,were our organization not be tax exempt,for as long as this exemption continues. 3. Your petitioner acknowledges and agrees that it will immediately notify both the City of Roanoke Commissioner of the Revenue and the City of Roanoke Treasurer in writing in each instance when the property,or any portion thereof,is being leased to a third party and provide the City with a copy of the fully executed lease. Your petitioner agrees to include a provision in all leases of the property that such third parties shall be responsible for paying the City applicable leasehold taxes that may be assessed by the City. Petitioner acknowledges that if the foregoing conditions are not met,the City reserves the right to terminate the tax exempt status of the property. 4. Your Petitioner,if located within a service district,agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. 5. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. The following questions are submitted for consideration: 1. (Q): Whether the organization is exempt from taxation pursuant to Section 501 (c)of the Internal Revenue Code of 1954. (A): Your Petitioner was granted exemption from taxation pursuant to Section 501 (c)of the Internal Revenue Code of 1954 on Pt.6.OF",VS 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): N E' 3. (Q): Whether any director,officer or employee of the organisation has been paid compensation in excess of a 2 Updated 6/12/2024 reasonable allowance for salaries or other compensation for personal services which such director,officer or employee actually renders. (A): No 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual,and whether any significant portion of the service provided by such organization is generated by funds received from donations,contributions or,local,state or federal grants. As used in this subsection,donations shall include the providing of personal services or the contribution of in-kind or other material services. (A): td o IAA(tAe. Sta.. ®f, �inC �1R'1 5. (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it ir@,t�jr V&C.®.� (Des ribe the public service) 6ApA t NIN AA% kit, re".i.0.1 w of hest fur l� i �w span thaA udrsals . 6. (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda,or otherwise attempting to influence legislation and whether the organization participates in,or intervenes in,any political campaign on behalf of any candidate for ublic office. (A): elde( k4te, tilre a c YId 9� S S h V�L o f >�4. � of boY b 4 Y O b. 0 P& hMnr� tcac,#- d®IJF1 t is alitt . 7. (Q): Whether any rule,regulation,policy or practice of the organization discriminates on the basis of religious conviction,race,color,sex or national origin. (A): id e 8. (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): k4..s 3 Updated 6/12/2024 9. (Q): Any other criteria,facts and circumstances,which the governing body deems pertinent to the adoption of such ordinance. (A): �➢ (Provide as necessary). Note: All tax exemption petitions submitted for consideration by City Council must be filed with the City Clerk's Office. THEREFORE,your Petitioner, sJ a( izta.,4 Lie., respectfully requests to the Council of the City ofiRoanoke that this real or personal property,or both,of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing Irt_kCJA5 ljGL4 1.,v4cioleurtS Ind 6,0:60...4 'Aft( tiht-;VecV Ihd,AActuctii60,1-nt (Repeat proposed use of property). (]et Re ectfully submitting this Zray bt,t ,20[. By: A President 4 Updated 6/12/2024 VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X,SECTION 6(a)(6)OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: la. Your Petitioner, a01% per, ,0'04 Nei MA& kildCa , a Virginia,non-stock,not for profit corporation owns certain real property, located at t A P4gj5 the City of Roanoke,Virginia, which property is City of Roanoke Tax Map 1D#‘iVeat4with a total assessed value of$ZU.q®® and a total of$ l 14%4- in real property taxes that were paid or would have been paid in the most recent year,desires to be an organization designated pursuant to the provisions of Sec.58.1-3651,of the Code of Virginia,as amended,in order that the referenced real property,to be used exclusively for charitable and benevolent purposes in - 4 iln (Describe proposed use of real property,if applicable.) be exempt from taxation under the provisions of Article X,Section 6 (a)(6)of the Constitution of Virginia o long as your.Petitioner is operated not for profit and the property so exe pted is used in accordance with the purpose for which the Petitioner is cl sified. (if requesting exemption for perso a1 property,complete section 1.b) lb. Your Petitioner, , a Virginia,non-stock,not for profit corporation owns certain personal property,located at in the City of Roanoke, Virginia,with a total assessed value of$ and a total of $ in personal property taxes that were paid or would have been paid in the most recent year,desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651,of the Code of Virginia,as amended,in order that the referenced personal property,to be used exclusively for charitable and benevolent purposes in , (Describe proposed use of personal property,if applicable.) 1 Updated 6/12/2024 reasonable allowance for salaries or other compensation for personal services which such director,officer or employee actually renders. (A): F$ 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual,and whether any significant portion of the service provided by such organization is generated by funds received from donations,contributions or,local,state or federal grants. As used in this subsection,donations shall include the providing of personal services or the contribution of in-kind or other material services. (A): No/ -Uka.4PSe, Ste, 5. (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it KAvalog VI, t' (Des ribe the public service) i i NV% eaget, r am, and .tha14d .l4 • 6. (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda,or otherwise attempting to influence legislation and whether the organization participates in,or intervenes in,any political campaign on behalf of any candidate for ublic office. (A): Not c9u tore Grist< k YNAV% i���..'`�r� ts1�L t oh their ris. hPM *At to Kok Orb 7. (Q): Whether any rule,regulation,policy or practice of the organization discriminates on the basis of religious conviction,race,color,sex or national origin. (A): r...% 8. (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): ks..1A 3 Updated 6/12/2024 be exempt from taxation under the provisions of Article X,Section 6 (a)(6)of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. 2. Your Petitioner agrees to pay to the City of Roanoke,an annual service charge in an amount equal to twenty percent(20%)of the City of Roanoke tax levy, which would be applicable to this real estate,were our organization not be tax exempt,for as long as this exemption continues. 3. Your petitioner acknowledges and agrees that it will immediately notify both the City of Roanoke Commissioner of the Revenue and the City of Roanoke Treasurer in writing in each instance when the property,or any portion thereof,is being leased to a third party and provide the City with a copy of the fully executed lease. Your petitioner agrees to include a provision in all leases of the property that such third parties shall be responsible for paying the City applicable leasehold taxes that may be assessed by the City. Petitioner acknowledges that if the foregoing conditions are not met,the City reserves the right to terminate the tax exempt status of the property. 4. Your Petitioner,if located within a service district,agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. 5. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. The following questions are submitted for consideration: 1. (Q): Whether the organisation is exempt from taxation pursuant to Section 501 (c)of the Internal Revenue Code of 1954. (A): Your Petitioner was granted exemption from taxation pursuant to Section 501 (c)of the Internal Revenue Code of 1954 on Vas•Wh'°A 26, . 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): f4 3. (Q): Whether any director,officer or employee of the organization has been paid compensation in excess of a 2 Updated 6/12/2024 9. (Q): Any other criteria,facts and circumstances,which the governing body deems pertinent to the adoption of such ordinance. (A): t•IQ (Provide as necessary). Note: All tax exemption petitions submitted for consideration by City Council must be filed with the City Clerk's Office. THEREFORE,your Petitioner, %O M4 rS � respectfully requests to the Council of the City of Roanoke that s real or — personal property,or both,of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of provi•ing c 2. • . a & • :.• ` N‘,CQ • k r :; to r Ass (Repeat proposed use of property). Respectfully submitting this 7r. 4day 0 C1t. ,20 By: President 4 Updated 6/12/2024 Property Current Rent HUD 2024 FMR HUD 2025 FMR Average Market Rent 530 Day Ave,Unit A $1,250 $1,760 $1,885 $3,131 4B,2BA **No comps in city 530 Day Ave,Unit B $950 $1,088 $1,141 $1,591 2B,2BA 1018 Patterson Ave, Unit A $750 $1,088 $1,141 $1,591 2B,1BA 1018 Patterson Ave,Unit B $950 $1,513 $1,597 $1,815 3B,2BA • The Roanoke Times Account Number Roanoke,Virginia 6007932 Affidavit of Publication • - -, . _ . _ Date CITY OF ROANOKE-`CLERKS OFFICE December 06,2024 Attn.Cecelia Webb - '• 215 CHURCH AVE SW - ROOM ROANOKE,VA 24011 Date Category Description 9 �Y -Ad SizeTotal Cost 12/14/2024 Legal Notices NOTICE OF PUBLIC HEARING ; 2 x 0.00 IN 1,526.55 Publisher of the Roanoke Times I, (the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke,.in the State of Virginia, do certify that the annexed notice NOTICE OF PUBLIC HEARING was published-in said newspapers on the following dates: 12/06/2024 The First insertion being given 12/06/2024_ Newspaper reference: 0001506417. , Billing Representative _ Sworn to and subscribed before me this 6th Day of.December 2024 Notary Public .:.State of Virginia County of Hanover . RICHARD'A HUNDLEY NOTARY,PUBLIC .. My Commission expires _' RFC tf7an4041 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JANUARY 31,:2028 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a.public hearing at its regular meeting to be held on Mon day,December 16,2024;commencing at 7:00 p.m.;in the Council , - Chambers,4th Floor,Noel C.Taylor Municipal Building,215 Church Avenue,S.W.,Roanoke;Virginia,on the question of adoption of an • ordinance pursuant to Section 58.1-3651,Code of Virginia(1950), - as amended,approving the request of 530 Day,LLC,which owns property located at 530 Day Avenue,S.W.,Roanoke;Virginia,-bear- ing Roanoke Official Tax Map No. 1120607,and 1018 Patterson, LLC;which owns property at 1018 Patterson Avenue,S.W.;bear- ing Roanoke Official Tax Map No.1112604(collectively,the"Prop- erty').Both entities are single member limited liability companies,- _ • whose`sole member'is-Restoration Housing,a 501(c)(3)nonprofit corporation.Restoration Housing rents the Property to individu- als meeting eligible income criteria as affordable housing and has - requested exemption from real property taxation due to the be- nevolent and charitable use of the Property.If the exemptions are approved by City Council,they would become effective January 1,2025,commencing with the second installment of real estate • taxes due on April 5,2025,and continue for so long as the Prop- ' erty is used for benevolent and charitable use. - The total assessed value of the real estate taxes for 530 Day Av-• . enue,S.W.,for which tax exemption is being sought is$331,900 for the 2024-2025 tax year,with a tax of$1,767.78.The loss of revenue to the City of Roanoke for the 2024-2025 tax year will be 5707.11 for the installment due on April 5,2025,after a 20%service charge is levied in lieu of real estate taxes. The total assessed value of the real estate taxes for 1018 Patterson Avenue,S.W.,for which tax exemption is being sought is$231,900 for the 2024-2025 tax year,with a tax of$1,535.98.The loss of revenue to the City.of Roanoke for the 2024-2025 tax year will be $614.39 for the installment due on April 5,2025,after a 20%ser- vice charge is levied annually in lieu of real estate taxes. ' • Citizens shall have the opportunity to be heard and express their opinions on this matter. All persons wishing to address City Council must sign-up with the City Clerk's Office by emailing clerk@roanokeva.gov or calling _ (540)853-2541 by 12:00 noon,on December 16,2024.- If you are a.person with a disability who needs accommodations - - • for this public hearing,contact the City,Clerk's Office,(540)853- 2541,by 12:00 noon on Thursday,December,12,2024. The City of Roanoke provides interpretation at no cost for all pub- lic meetings,upon request.If you would like to request an inter- preter,please let us know at least 24 hours in advance by calling (540)853-1283. La Ciudad de Roanoke proporciona interpretation sin costo por • todas citas publicas,previa solicitud.Si usted desea solicitar un interprete,haganoslo saber con al menos 24 horas de antelacion ' ;por Ilamar(540)853-1283. • ; Jill la Roanoke linatoa huduma ye ukalimani bila malipo katika mi- • kutano yote ya umma, inapoombwa.lwapo ungependa kuomba mkalimani,tefadhali to - julishe angalau saa 24 kabla kwa kupiga simu(540)853-1283. . „AI. .i3 r rc.1.14 ;>1`,P,a,rm ca.a' tim;gip.,,l.Ya':,,�.x^.;�Ss t�.xj - .L(540)0S3-12fi3 6,L'..4•4 4.:rL"<13.A 24.cgs: i,t, ..t ,tp: .. GIVEN under my hand this 6th day of December,2024. Cecelia F.McCoy,City Clerk NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on Monday, December 16, 2024, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,Virginia,on the question of adoption of an ordinance pursuant to Section 58.1-3651,Code of Virginia (1950), as amended, approving the request of 530 Day, LLC, which owns property located at 530 Day Avenue, S.W., Roanoke, Virginia, bearing Roanoke Official Tax Map No. 1120607, and 1018 Patterson, LLC,which owns property at 1018 Patterson Avenue, S.W.,bearing Roanoke Official Tax Map No. 1112604 (collectively, the "Property"). Both entities are single member limited liability companies, whose sole member is Restoration Housing, a 501(c)(3) nonprofit corporation.Restoration Housing rents the Property to individuals meeting eligible income criteria as affordable housing and has requested exemption from real property taxation due to the benevolent and charitable use of the Property. If the exemptions are approved by City Council,they would become effective January 1, 2025, commencing with the second installment of real estate taxes due on April 5, 2025, and continue for so long as the Property is used for benevolent and charitable use. The total assessed value of the real estate taxes for 530 Day Avenue, S.W.,for which tax exemption is being sought is$331,900 for the 2024-2025 tax year,with a tax of$1,767.78.The loss of revenue to the City of Roanoke for the 2024-2025 tax year will be$707.11 for the installment due on April 5, 2025, after a 20% service charge is levied in lieu of real estate taxes. The total assessed value of the real estate taxes for 1018 Patterson Avenue, S.W., for which tax exemption is being sought is $231,900 for the 2024-2025 tax year, with a tax of$1,535.98. The loss of revenue to the City of Roanoke for the 2024-2025 tax year will be$614.39 for the installment due on April 5, 2025, after a 20% service charge is levied annually in lieu of real estate taxes. Citizens shall have the opportunity to be heard and express their opinions on this matter. All persons wishing to address City Council must sign-up with the City Clerk's Office by emailing clerk@roanokeva.gov or calling (540) 853-2541 by 12:00 noon, on December 16, 2024. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, (540)853-2541,by 12:00 noon on Thursday, December 12, 2024. The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter, please let us know at least 24 hours in advance by calling (540) 853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas citas publicas, previa solicitud. Si usted desea solicitar un interprete, haganoslo saber con al menos 24 horas de antelacion por liamar(540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimani, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu(540) 853-1283. JSI �JIiS L JliL�l J� aLaw vLC÷_y;a;�jt, :1&.I v9�?�°s�c uL�i a,.da y L4 (540) 853-1283 cusp c97'J1'j J4��24 J91.1.•1-0.1 C-,..,I J- a ate yJl LDL'.-?J-1 1J GIVEN under my hand this 6th day of December, 2024. Cecelia F. McCoy, City Clerk Note to Publisher: Publish in the Legal Section of the Roanoke Times once on the 6th day of December 2024. Please send bill and affidavit of publication to: Cecelia F. McCoy, City Clerk 4th Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 " ° ; CITY OF ROANOKE OFFICE OF THE CITY CLERK .e V:"#‘ 215 Church Avenue,S.W.,Room 456 • Roanoke,.Virginia 24011-1536 Telephone: (540)853-2541 Fax (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA T.WEBB,'CN1C CECELIA CMC Deputy City Clerk Cityy Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk December 19, 2024 Bernice D. Griffin, President Behavioral Health Navigators Center . 1032 Rugby Boulevard, NW Roanoke, Virginia 24017 • Dear Ms. Griffin: A public hearing was conducted by the Council- of the City of Roanoke at a regular meeting held on Monday, December 16, 2024, regarding a request for exemption of taxation for personal property located in the. City of Roanoke owned by Behavioral • Health Navigators, Inc., a Virginia non-stock, non-profit 501,©(3) corporation. On motion, duly seconded and adopted, the request was denied by a 0-7 vote. • • Sincerely, te-71.del Cecelia F. McCoy, CMC . City Clerk Enclosure pc: The Honorable Ryan S. LaFountain, Commissioner of the Revenue Dr. Lydia Patton, Interim City Manager Timothy R. Spencer, City Attorney David Collins, Deputy City Attorney • Kelvin Bratton, Director, Real Estate Valuation Margaret Lindsey, Director of Finance - Lesha Van Buren, Budget Analyst I - NotrADdpero IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA AN ORDINANCE exempting from personal property taxation certain personal property located in the City of Roanoke owned by Behavioral Health Navigators, Inc. ("Applicant"), a Virginia non- stock,non-profit 501(c)3 corporation,devoted exclusively to charitable or benevolent purposes on a non- profit basis;providing for an effective date, and dispensing with the second reading of this Ordinance by title. WHEREAS, the Applicant has petitioned Council to exempt certain personal property of the Applicant from taxation pursuant to Article X, Section 6(a)(6)of the Constitution of Virginia and Section 58.1-3651, Code of Virginia(1950), as amended; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on December 16, 2024; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended, have been examined and considered by Council; and WHEREAS,the Applicant agrees that the personal property to be exempt from taxation is certain personal property that it uses to provide services to individuals who qualify for Medicaid CCC+benefits receiving long-term care at home as a Service Facilitator(the "Personal Property") which shall be used by the Applicant exclusively for charitable purposes on a non-profit basis. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates the Applicant a non-stock, non-profit 501(c)3 corporation, as a charitable or benevolent organization within the context of Section 6(a)(6)of Article X of the Constitution of Virginia, and hereby exempts from personal property taxation the Personal • Property owned by the Applicant,that it uses to provide services to individuals who qualify for Medicaid CCC+ benefits receiving long tern care at home as a Service Facilitator, which Personal Property is used exclusively for charitable or benevolent purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the Personal Property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. This Ordinance shall be in full force and effect on January 1,2025,if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 3. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, and to Bernice D. Griffin, President, Behavioral Health Navigators, Inc. 4. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. ACCEPTED,AGREED TO,AND EXECUTED by Behavioral Health Navigators, Inc., a Virginia non- stock, non-profit corporation, this day of , 2024. Behavioral Health Navigators, Inc., a Virginia non-stock, Non-profit 501(c)3 corporation, By: Name: Title: City Manager's Report I I WC .11 t IOW �. Submitted by: Margaret Lindsey, Director Department of Finance ROANOKE December 16, 2024 Title: Tax Exemption Request for Personal Property Owned by Behavioral Health Navigators, Inc. Background: Behavioral Health Navigators Center, Inc. (BHNC), a 501 (c) (3) non-stock, non-profit organization, has applied for tax exemption of certain personal property it owns which it uses in connection with its business of providing benevolent and charitable services to the community. Considerations: BHNC is a Service Facilitator and a Medicaid provider and provides services to individuals who qualify for the Medicaid CCC+ benefits who have opted to receive long-term care at home instead of an institutional facility. These services include, and are not limited to, ensuring there is a caregiver and back up in the home, determining the number of hours an individual needs services in the home, and assisting the individual or caregiver with the completion of forms to be submitted to state agencies. BHNC uses the property exclusively for the purpose of its business, which includes the transportation of staff to and from meetings, outreach, visits with its clients, and the transportation of clients to and from medical appointments. On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non-profit organizations in the City for tax exemption of their personal property by Resolution 36331- 051903, with an effective date of January 1, 2003. Based on this policy and procedure, Wellness Wagon has provided the necessary information required for applications for exemptions that would take effect January 1, 2025. The total assessed value of BHNC's personal property for which it seeks tax exemption was $3,450 for tax year 2024, with a total personal property tax assessment of$99.19. The Commissioner of Revenue has determined that the organization is not exempt from paying taxes by classification or designation under the Code of Virginia. The IRS recognizes the organization as a 501(c) (3) tax-exempt organization. Recommended Action: After consideration of comments received at the public hearing, and determining that granting the exemption requested is appropriate, adopt an ordinance to authorize BHNC's personal property that it uses exclusively for its business as exempt from taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, and Section 58.1-3651, effective January 1, 2025. Lydia Patton, Interim City Manager �MN www.bhncl.org Bernice D.Griffin,President Behavioral Health Navigators Center 1032 Rugby Blvd NW Roanoke,VA 24017 October 07, 2024 K.C.Bratton Real Estate Valuation 215 Church Avenue SW Room 250 Roanoke,VA 24011 Requestion Agency: Behavioral Health Navigators Center, Incorporation Subject: Petition for Exemption from Taxation of Personal Property Pursuant to Article X, Section 6(a)(6)of the Constitution of Virginia Dear Mr. Bretton Please accept this request for determination from the City of Roanoke Real Estate Valuation under the Code of Virginia.Noted below is a description of the personal property,federal exemption filing date (501c organization attached),the services provided for the common good of the public,facts,and circumstances,as well as a copy of the 501(c)organization filing: TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: la. Your Petitioner, NA a Virginia, non-stock, not for profit corporation owns certain real property, located at in the City of Roanoke,Virginia, which property is City of Roanoke Tax Map ID# ,with a total assessed value of $ and a total of$ in real property taxes that were paid or would have been paid in the most recent year,desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651,of the Code of Virginia, as amended, in order that the referenced real property,to be used exclusively for charitable and benevolent purposes in NA (Describe proposed use of real property,If applicable.) be exempt from taxation under the provisions of Article X,Section 6 (a)(6)of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. (if requesting exemption for personal property, complete section 1.6) Dedicated to bridging an integrated approach to Human Services. www.bhnc1.org (877)532-5571 Office (877)241-1004 Fax HNC www.bhncl.org lb. Your Petitioner, Behavioral Health Navigators Center(BHNC) Inc. , a Virginia,non-stock, not for profit corporation owns certain personal property,(for two vehicles) located at 1032 Rugby Blvd. NW in the City of Roanoke, Virginia,with a total assessed value (for th e fiirst vehicle) of$68,071.00 and a total of $ 791.56 in personal property taxes and total assessed value ( orcdn - Wvehicle)of $1000.00 and a total of$40.00 in personal property taxes that were paid or would have been paid in the most recent year,desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651,of the Code of Virginia, as amended, in order that the referenced personal property,to be used exclusively for charitable and benevolent purposes in transportation for the following purposes:executive personnel and clients respectively for business meetings and clients medical appointments,outreach, community outings.social services,etc. Personal Property Description:2023 Genesis G8O and a 2006 Chevrolet Express 2500 Base,respectively. (Describe proposed use of persona!property, if applicable.) be exempt from taxation under the provisions of Article X, Section 6 (a)(6)of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. 2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent(20%) of the City of Roanoke tax levy,which would be applicable to this real estate,were our organization not be tax exempt,for as long as this exemption continues. 3. Your petitioner acknowledges and agrees that it will immediately notify both the City of Roanoke Commissioner of the Revenue and the City of Roanoke Treasurer in writing in each instance when the property,or any portion thereof, is being leased to a third party and provide the City with a copy of the fully executed lease.Your petitioner agrees to include a provision in all leases of the property that such third parties shall be responsible for paying the City applicable leasehold taxes that may be assessed by the City. Petitioner acknowledges that if the foregoing conditions are not met,the City reserves the right to terminate the tax exempt status of the property. 4. Your Petitioner, if located within a service district,agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. 5. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. Dedicated to bridging an integrated approach to Human Services. www.bhncl.orq (877)532-5571 Office (877)241-1004 Fax *HNC HN www.bhncl.org The following questions are submitted for consideration: 1. (Q): Whether the organization is exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code of 1954. (A): Your Petitioner was granted exemption from taxation pursuant to Section 501(c) of the Internal Revenue Code of 1954 on April 10, 2013 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): NO 3. (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (A): NO 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or, local, state or federal grants.As used in this subsection,donations shall include the providing of personal services or the contribution of in-kind or other material services. (A): NO 5. (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it is licensed under Virginia Law Administrative Code: 12VAC30-122-500 Services Facilitation (SF)Service. (Describe the public service) BHNC is a Medicaid- enrolled provider SF who supports eligible individuals, and sometimes their families, in properly using consumer-directed services. BHNC is also a provider with the local managed care organizations (MCO)to provide SF with the following MCOs:Anthem, Aetna, United Healthcare, Sentara,VA Premier, and Optima. As a SF we also make an initial comprehensive home visit to collaborate with individuals and their families/caregiver as appropriate; provide employer management training to the individual to the individual or employer; and to provide ongoing support of the Dedicated to bridging an integrated approach to Human Services. www,bhncl.org (877)532-5571 Office (877)241-1004 Fax 13F1NC www.bhncl.org consumer-directed model for individuals enrolled the CCC+ Long Term care program. 6. (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): NO 7. (Q): Whether any rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A): NO 8. (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): NO 9. (Q): Any other criteria,facts and circumstances,which the governing body deems pertinent to the adoption of such ordinance. (A): The president and CEO for BHNC has worked tirelessly as an advocate for vulnerable populations since 1978 here in Roanoke VA. when my brother was diagnosed with a severe mental illness at the age of 14. Circa 1980 I moved to Maryland, obtained a formal education, and learned to collaborate with local community organizations to reduce health disparities. However, my heart's desire was to return to my hometown (Roanoke,VA),the place that served as a catalyst for BHNC. In 2013,while in Maryland, I organized as a non- profit organization and in 2022 I returned with the desire to make a difference in my community and to give back. I will never forget the support that my family received (as a young child)from social services and other local community agencies. I am grateful to have the opportunity to be of service again in Roanoke, and to be a licenses provider. (Provide as necessary). Note: All tax exemption petitions submitted for consideration by the City Council must be filed with the City Clerk's Office. THEREFORE,your Petitioner, Behavioral Health Navigators Center, Inc., respectfully requests to the Council of the City of Roanoke that this real or personal property,or both,of your Petitioner be designated exempt from Dedicated to bridging an integrated approach to Human Services. www.bhncl.oro (877)532-5571 Office (877)241-1004 Fax *HNC www.bhncl.org taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing transportation for executives to business meetings,travel, and for community outreach clients(i.e., medical appointments,social service appointment,social events,etc.) (Repeat proposed use of property). Respectfully submitting this _7th_day October, 2024. By:Bernice D.Griffin,President,DrPH Cc) Dedicated to bridging an integrated approach to Human Services. www.bhnc2.orq (877)532-5571 Office (877)241-1004 Fax INTERNAL REVENUE SERVICE DEPARTMENT OF TREASURY P. O. BOX 2508 CINCINNATI, OH 45201 J P},1 ' ., Employer Identification Number : go-0834064 17053102325002 BEHAVIORAL HEALTH NAVIGATORS CENTER Contact Person: INCORPORATION ERIC KAYE 31612 904 PARK TERRACE contact Telephone Nunber . FORT WASHINGTON, 20744 (877) 829-5500 Accounting period Ending: December 31 public Charity Status • 170 (b) (1) (A) (vi) Form 990 Required: Yes Effective Date of Exemption : April 10, 2013 Contribut ion Deductibility : Addendum Appl ies : No Dear Applicant : We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 5 01 (c) (3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code . Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501 (c) (3) of the code are further classified as either public charities or private foundations. We determined that you are a public charity l,mder the code section (s) listed in the heading of this Aetter. Please see enclosed publication 4221 -PC, Compliance Guide for 501 (c) (3) public Charities, for some helpful information about your responsibilities as an exempt organization . S incerelY , )24.64."4-1"‘- Director , Exempt Organizations Enclosure : Publicat ion 4221-PC Letter 947 COMMONWEALTH OF VIRGINIA STATE CORPORATION COMMISSION AT RICHMOND, MAY 20, 2022 The State Corporation Commission has found the accompanying articles of incorporation submitted on behalf of Behavioral Health Navigators Center, Inc. to comply with the requirements of law, and confirms payment of all required fees. Therefore, it is ORDERED that this CERTIFICATE OF INCORPORATION be issued and admitted to record with the articles of incorporation in the Office of the Clerk of the Commission, effective May 20, 2022. The corporation is granted the authority conferred on it by law in accordance with the articles of incorporation, subject to the conditions and restrictions imposed by law. STATE CORPORATION COMMISSION err By (j?"114 Judith Williams Jagdmann Commissioner The Roanoke Times Account Number Roanoke;Virginia 6007932 Affidavit of Publication Date to CITY OF ROANOKE-CLERKS OFFICE Attn Cecelia. Webb December 06,'2024 215 CHURCH AVE SW ROOM 456 ROANOKE,VA 24011 Date . Category Description Ad Size Total Cost 12/14/2024 Legal Notices NOTICE OF PUBLIC HEARING 2 x 0.00 IN 1,359.15 Publisher of the ' Roanoke Times I,-(the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke, in the State of Virginia,do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 12/06/2024 The First insertion being given ... 12/06/2024 Newspaper reference: 0001506580 9461,774(//...._ . Billing Representative Sworn to and subscribed before me.this 6th Day of December 2024 - Notary Public State of Virginia . RICHARD A HUNDLEY County of Hanover NOTARY PUBLIC . My Commission expires RFG ft7q_04041 - COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JANUARY 31,2028 - • THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU • • NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on Mon- day,December 16,2024,commencing at 7:00 p.m.,in the Council Chambers,4th Floor,Noel C.Taylor Municipal Building,215 Church Avenue,S.W.,Roanoke,Virginia,on the question of adoption of an ordinance pursuant to Section 58.1-3651,Code of Virginia(1950), _ as amended approving-the-request ofl3ehavioral-Health Naviga tors,Inc.(BHNC),a 501(c)(3)non-profit corporation,for designation. of its personal property to be exempt from personal property taxa- tion due to its benevolent and charitable use of the property.BHNC is a service facilitator and uses the property to provide services to individuals who qualifyfor Medicaid CCC+benefits receiving long- term care at home. '1 The total assessed value of BHNC's personal property for which,it seeks tax exemption for tax year 2024 is$3,450,with a total per- sonal property tax assessment of$99.19 for the 2024 tax year. • - Citizens shall have the opportunity to be heard and express their opinions on this matter. - - All persons wishing to address City Council must sign-up with the City Clerk's Office by emailing clerk@roanokeva.gov or calling(540) 853-2541 by 12:00 noon,on December 16,2024. . If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, (540)853- 2541,by 12:00 noon on Thursday,December 12,2024. ` The City of Roanoke provides interpretation at no cost for all public meetings,upon request.If you would like to request an interpreter, please let us know at least 24 hours in advance by calling(540)853- 1283: . La Ciudad de Roanoke proporciona interpretacion sin costa pork. todas citas publicas,previa solicitud:Si usted desea solicitar un in- terprete,haganoslo saber con al menos 24 horas de antelacion por Ilamar(540)853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika ml kutano yote ya umma,inapoombwa.lwapo ungependa'kuomba mkalimani,tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu(540)853-1283. , . - . - ,e zSAZ, t 13.? - - C(540)853.1363• yss GIVEN under my hand this 6th day of December 2024. Cecelia F.McCoy,City Clerk . NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on Monday, December 16, 2024, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,Virginia,on the question of adoption of an ordinance pursuant to Section 58.1-3651,Code of Virginia (1950), as amended, approving the request of Behavioral Health Navigators, Inc. (BHNC), a 501(c)(3) non-profit corporation, for designation of its personal property to be exempt from personal property taxation due to its benevolent and charitable use of the property.BHNC is a service facilitator and uses the property to provide services to individuals who qualify for Medicaid CCC+benefits receiving long-term care at home. The total assessed value of BHNC's personal property for which it seeks tax exemption for tax year 2024 is $3,450, with a total personal property tax assessment of$99.19 for the 2024 tax year. Citizens shall have the opportunity to be heard and express their opinions on this matter. All persons wishing to address City Council must sign-up with the City Clerk's Office by emailing clerk@roanokeva.gov or calling (540),853-2541 by 12:00 noon, on December 16, 2024. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, (540)853-2541, by 12:00 noon on Thursday, December 12, 2024. The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter, please let us know at least 24 hours in advance by calling (540) 853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas citas publicas, previa solicitud. Si usted desea solicitar un interprete, haganoslo saber con al menos 24 horas de antelacion por llamar(540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimani, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu (540) 853-1283. y i JI cs°,Luil �,cs°L4. jloi tiuya Lil J �'cejAc csl u..l}i ��J3� �,443.19J (540) 853-1283 vs4 t, �w1)L_3I c.k9,==-1-y 24 J91a u,,,1.9i.J. ci:Lq cjt?y. J-1 IJ GIVEN under my hand this 6th day of December 2024. Cecelia F. McCoy, City Clerk Note to Publisher: Publish in the Legal Section of the Roanoke Times once on Friday, December 6, 2024. Please send bill and affidavit of publication to: Cecelia F. McCoy, City Clerk 4th Floor,Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 2024. No. 43115-121624. A RESOLUTION naming the community room at Fire Station No. 5 located at 1920 Orange Avenue, N.W. in honor of the City's first African-American Fire Chief, Rawleigh Quarles. WHEREAS, City Council desires to recognize, applaud, and honor the significant public service provided by former Fire Chief Rawleigh Quarles as an active contributor to public affairs throughout the City of Roanoke, Virginia, who worked for the fire department for approximately thirty-one(31) years and retired in 1994; WHEREAS, former Fire Chief Rawleigh Quarles was the first African-American Lieutenant, the first African-American Fire Marshal and ultimately became the first African- American Fire Chief to serve in the City of Roanoke; WHEREAS, in accordance with the policy of City Council established by Resolution No. 37976-121707 adopted on December 17, 2007, regarding the naming of City-owned facilities, City Council may waive the requirement of this policy that an individual be deceased for at least one year before renaming a facility; and WHEREAS, Council desires to waive this requirement and name the community room at Fire Station No. 5 in honor of former Fire Chief Rawleigh Quarles. THEREFORE,be it resolved by the Council of the City of Roanoke as follows; 1. City Council finds and determines that the substantial contributions of the former Fire Chief Rawleigh Quarles to the City of Roanoke warrant waiver of the requirement set forth in Resolution No. 37976-121707 that a public facility be named or renamed for an individual who has been deceased for at least one year, and such requirement is hereby waived. 2. City Council hereby names the community room at Fire Station No. 5 located at 1920 Orange Avenue, N.W. in honor of the City's first African-American Fire Chief, Rawleigh Quarles, to recognize, applaud, and honor the numerous contributions Chief Quarles has made to our City. 3. The Interim City Manager or designee is authorized to take such actions as are necessary to name the community room at Fire Station No. 5 in honor of former Fire Chief Rawleigh Quarles. 4. The City Clerk is directed to provide a copy of this Resolution to former Fire Chief Rawleigh Quarles as an expression of the appreciation of the City of Roanoke for the significant public service provided by him. 5. This Resolution shall be effective upon passage. ATTEST: 6e...e.16-4td City Clerk. • z IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA, The 16th day of December, 2024. • No. 43108-121624. AN ORDINANCE re-electing and re-appointing Timothy R. Spencer as City Attorney, Troy A. Harmon as Municipal Auditor, and Cecelia Freeman McCoy as City Clerk for the City of Roanoke retroactive to October 1, 2024; amending the City's annual Pay Plan which became effective July 1, 2024, adopted by City Council by Ordinance No. 42932-051324, on May 13, 2024; to adjust the salaries for certain Council appointed officers effective July 1, 2025; 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. Timothy R. Spencer is hereby re-elected and re-appointed as City Attorney retroactive to October 1, 2024, for a two year term which shall expire September 30, 2026. 2. Troy A. Harmon is hereby re-elected and re-appointed as Municipal Auditor retroactive to October 1, 2024, for a two year term which shall expire September 30, 2026. 3. Cecelia Freeman McCoy is hereby re-elected and re-appointed as City Clerk retroactive to October 1, 2024, for a two year term which shall expire September 30, 2026. 4. Amending a portion of paragraph No. 8 of Ordinance No. 42932-051324, adopted May 13, 2024, to provide a six percent (6%) increase of the annual salary for the City Attorney, Timothy R. Spencer, effective July 1, 2025, making his annual salary $197,025.23. Should Mr. Spencer continue to serve as Roanoke's City Attorney, he shall receive another six percent (6%) increase to his annual salary effective July 1, 2026. 5. Amending a portion of paragraph No. 8 of Ordinance No. 42932-051324, adopted May 13, 2024, to provide a six percent (6%) an increase of the annual salary for the Municipal Auditor, Troy A. Harmon, effective July 1, 2025, making his annual salary $151,996.61. Should Mr. Harmon continue to serve as Roanoke's Municipal Auditor, he shall receive another six percent(6%) increase to his annual salary effective July 1, 2026. 6. Amending a portion of paragraph No. 8 of Ordinance No. 42932-051324, adopted May 13, 2024, to provide a three percent (3%) an increase of the annual salary for the City Clerk, Cecelia Freeman McCoy, effective July 1, 2025, making her salary$110,496.83. 7. Pursuant to §12 of the Roanoke City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: - City Clerk. ,- 2