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HomeMy WebLinkAboutCouncil Actions 11-19-01ROANOKE CITY CO UNCIL REGULAR SESSION November 19, 2001 2:00P. M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order--Roll Call. HUDSON 35641-111901 (Council Member Wyatt arrived late.) The Invocation was delivered by The Reverend Charles H. Ward, Associate Pastor, First Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. Welcome. Mayor Smith. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, November 22, 2001, at 7:00 p.m., and Saturday, November 24, 2001, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE NOW PROVIDES THE CITY COUNCIL AGENDA PACKAGE ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS THE AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT www.roanokegov.com, CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541 TO OBTAIN AN APPLICATION. 2 2. PRESENTATIONS AND ACKNOWLEDGMENTS: Proclamation declaring the month of November as National Home Care Month. File #3 e CONSENT AGENDA (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 A communication from the Honorable Ralph K. Smith, Mayor, requesting a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia ( 1950), as amended. RECOMMENDED ACTION: Concur in request. File #110-132 C-2 A communication from James D. Grisso tendering his resignation as Director of Finance, effective February 1, 2002. RECOMMENDED ACTION: File #1-184 Receive and file the communication and accept the resignation. C-3 A communication from J. Clayton Grogan tendering his resignation as a member of the Board of Zoning Appeals, effective immediately. RECOMMENDED ACTION: File #51-110 Receive and file the communication and accept the resignation. C-4 A communication from the City Manager recommending that a public hearing be advertised for Monday, December 17,2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, in connection with the proposed conveyance of City-owned property, identified as Official Tax No. 2760603, to Paul Honaker. RECOMMENDED ACTION: Concur in request. File #2-166 C-5 A communication from the City Manager requesting that Council convene in Closed Meeting to discuss expansion of an existing business, where no previous announcement of the expansion has been made, pursuant to Section 2.2-371 l(A)(5), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request. File #132-207 C-6 A communication from S. James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare, recommending concurrence in the reappointment of William L. Lee as an at-large member of the Blue Ridge Behavioral Healthcare Board of Directors, for a term ending December 31, 2004. RECOMMENDED ACTION: Concur in request. File #314 C-7 Qualification of the following persons: Troy A. Harmon as Municipal Auditor for a term beginning October 18, 2001 and ending September 30, 2002; S. Deborah Oyler as a Director of the Industrial Development Authority of the City of Roanoke for a term ending October 20, 2005; William D. Poe as a member of the Board of Zoning Appeals to fill the unexpired term of Willard G. Light ending December 31, 2002; 4 Stuart G. Boblett, III, as a member of the Roanoke Civic Center Commission to fill the unexpired term of Edward L. Lambert ending September 30, 2003; and Paula L. Prince as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2004. RECOMMENDED ACTION: Receive and file. File #15-51-110-192-207-280-488 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: ao A request of Total Action Against Poverty to address Council regarding the Western Virginia Education Classic which was held on September 1,2001. Annette Lewis, Director, TAP This Valley Works, Spokesperson. Received and filed. File #226 (Council Member Wyatt arrived.) bo A communication from the Roanoke City School Board requesting appropriation of $7,915.00 for the 2001-02 Western Virginia Regional Science Fair; and a report of the Director of Finance recommending that Council concur in the request. Adopted Budget Ordinance No. 35641-111901. (7-0) File #60-467 5 Co A communication from Harwell M. Darby, Jr., Attorney, representing the Industrial Development Authority, requesting approval of a plan to assist the Catholic Diocese of Richmond in constructing, equipping and furnishing a multipurpose building at the Roanoke Catholic School, by issuance of industrial development revenue bonds by the City of Salem Industrial Development Authority, in an amount not to exceed $5,000,000.00; and $100,000,000.00 to assist Carilion Medical Center for bonds which will be allocated to Carillon Roanoke Memorial Hospital, Carilion Roanoke Community Hospital, Carilion Giles Memorial Hospital, Bedford Memorial Hospital and Carilion Franklin Memorial Hospital to include certain refinancings for outstanding bonds. Adopted Resolution Nos. 35642-111901 (7-0) and 35643-111901. (6-0, Council Member White abstained from voting.) File #53-207-221-467 A communication from Vice-Mayor William H. Carder recommending the closing of certain City offices on Monday, December 24, 2001, and providing for additional holiday leave for all City employees. Adopted Resolution No. 35644-111901. (7-0) File #184 eo A communication from Vice-Mayor William H. Carder proposing an amendment to the Roanoke City Charter in connection with the position of Director of Finance. The matter was referred to the Council's Financial Planning Session for further discussion. File #1-50-132 6. REPORTS OF OFFICERS: a. CITY MANAGER: 6 BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: A communication with regard to service charges on certain tax exempt properties. Adopted Resolution No. 35645-111901 and Ordinance No. 35646-111901. (7-0) File #24-79 A communication recommending amendment to Section 14.1- 16(b), Code of the City of Roanoke (1979), as amended, with regard to Solid Waste - Recycling. Adopted Ordinance No. 35647-111901. (7-0) File #24-144-282 A communication recommending authorization to acquire property rights for Airport Road Storm Drain Extension Project, in the amount of$100,000.00; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 35648-111901 and Ordinance No. 35649-111901. (7-0) File #2-9-27-28-60 A communication in connection with acceptance of property owned by the Roanoke Redevelopment and Housing Authority. Adopted Ordinance No. 35650-111901. (7-0) File #68-178 A communication recommending authorization for donation of transportation equipment items, with the exception of the No. 611 Class A Steam Locomotive, to the Virginia Museum of Transportation. Adopted Ordinance No. 35651-111901. (7-0) File #68-229-472 7 o A communication recommending appropriation of funds in connection with acceptance of the Fiscal Year 2002 Fire Program Fund Grant from the Virginia Department of Fire Programs. Adopted Budget Ordinance No. 35652-111901 and Resolution No. 35653-111901. (7-0) File #60-70-236 o A communication of the City Manager recommending an amendment to the Special Military Leave Pay. Adopted Resolution No. 35654-111901. (7-0) File #184 o A communication with regard to Amendment No. 1 to the Parking Agreement between the City of Roanoke and Carilion Health System dated September 1, 1998. Adopted Ordinance No. 35655-111901. (6-0, Council Member White abstained from voting.) File #20-221 o A communication recommending adoption of aresolution authorizing nomination of a portion of downtown and two properties on First Street, N. W. (Henry Street), for inclusion on the National Register of Historic Places. Adopted Resolution No. 35656-111901. (7-0) File #32-80-216 10. A communication with regard to a cooperative venture between the Roanoke Valley Society for the Prevention of Cruelty to Animals, the Counties of Botetourt and Roanoke, the Town of Vinton, and the City of Roanoke, in connection with housing and providing care for pound animals. Adopted Resolution Nos. 35657-111901 and 35658-111901. (7-0) File #54 8 11. A communication with regard to appropriation and transfer of funds in connection with the design process for Phase II, Civic Center Improvements. Adopted Budget Ordinance No. 35659-111901 and Resolution No. 35660-111901. (7-0) File #53-60-192 12. A communication recommending authorization to purchase property in the vicinity of Orange Avenue, described as Official Tax Nos. 2041817 and 2041816 for construction of a multipurpose stadium/amphitheater facility, in the amount of $275,000.00; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 35661-111901, Resolution No. 35662-111901, and Ordinance No. 35663-111901. (7-0) File #2-53-60-122-192 13. A communication recommending execution of an agreement with the Grandin Theater Foundation, Inc., to provide total financial support of $500,000.00 to the Foundation over a six-year period, upon certain terms and conditions. Adopted Budget Ordinance No. 35664-111901 and Ordinance No. 35665-111901. (6-1, Mayor Smith voted no.) File #60-68-216-551 7. REPORTS OF COMMITTEES: mo A report of the Roanoke Neighborhood Parmership Steering Committee with regard to the benefits of living in Roanoke's neighborhoods. Barbara N. Duerk, Chair. Withdrawn. bo A report of the Legislative Committee transmitting the proposed 2002 Legislative Program. Council Member William White, Sr., Chair, Legislative Committee. Adopted Resolution No. 35666-111901. (6-1, Mayor Smith voted no.) File #132-137 Interstate-73 was deleted from the Legislative Program. 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ao Ordinance No. 35624, on second reading, establishing the annual salaries of the Mayor, Vice-Mayor and Council Members for the fiscal year beginning July 1, 2002. Adopted Ordinance Hudson voted no.) File #132 No. 35624-111901. (6-1, Council Member 10. MOTIONS AND MISCELLANEOUS BUSINESS: ao Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Inasmuch as Social Security benefits will increase by 2.6% effective January 1, 2001, November 20, 2001the question of a 2.6% cost of living increase for City retirees was referred to the City Manager and the Director of Finance for report and recommendation to Council during fiscal year 2002-03 budget study. File #60-184-429 Council Member Hudson inquired about the status of the flu vaccine for City retirees. He also questioned the proposed locations for administering the vaccine; i. e.: use of the Roanoke Civic Center as a potential site. File #184-192 l0 Council Member Wyatt inquired about the status of a previous inquiry regarding prescription cards and/or contracting with local pharmacies to provide medications for City employees at a reduced cost. File #58-60-184 Council Member Bestpitch referred to updates provided by the City Manager on the Fire/EMS Agreement with Roanoke County. He raised the following questions for response during fiscal year 2002-03 budget study: Inasmuch as the typical assignment for a fire engine, ladder truck, etc. is four personnel, how often are there fewer than the full number of assigned personnel actually available to staff equipment? e How often are paid staff, either part-time or full-time, used to mann the volunteer rescue service, and how many are part-time staff receiving no benefits? File #70 11. Council Member Hudson expressed concern that the City's supply warehouse function has been discontinued which causes City employees to leave the job site to purchase supplies commercially. File #132-184 bo Vacancies on various authorities, boards, commissions and committees appointed by Council. CITY MANAGER COMMENTS: The City Manager advised that during the course of several agenda items, statements or allegations were made that the City Manager and staff may not be cooperating with other Council-Appointed Officers. She stated that during her tenure as City Manager, Council-Appointed Officers have worked cooperatively to approve agenda items relative to both financial and legal issues, and she has worked with the City Auditor to identify certain areas in need of improvement. File #104 12. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Evelyn D. Bethel, 35 Patton Avenue, N. E., commended the City for reopening the underpass at the Roanoke Civic Center which relieves traffic congestion on Williamson Road and Orange Avenue. File #20-192 Helen E. Davis, 35 Patton Avenue, N. E., expressed concern with regard to matters effecting the northwest section of the City of Roanoke, i. e.: rejection by the Housing Authority of requests by residents of Lincoln Terrace for screen doors on their homes, fire protection, and a proposal regarding the future of the Burrell Nursing Center. She requested that Council look at the entire City and not just the northwest section of Roanoke. File #132 THE MEETING OF COUNCIL WAS DECLARED IN RECESS AT 5:50 P.M. TO BE RECONVENED AT 6:00 P.M., IN THE EMERGENCY OPERATIONS CENTER CONFERENCE ROOM, ROOM 159, NOEL C. TAYLOR MUNICIPAL BUILDING, FOR A BRIEFING WITH REGARD TO THE EXTENSION OF THE LINEAR RAILWALK; AND A FOLLOW-UP BRIEFING WITH REGARD TO THE ROANOKE CENTRAL BUSINESS DISTRICT PARKING STUDY. Both briefings were received and filed. File #20-277-392-405-533 FOLLOWING THE BRIEFINGS, THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, FOURTH FLOOR, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., CITY OF ROANOKE. ROANOKE CITY CO UNCIL REGULAR SESSION November 19, 2001 7:00P. M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order-- Roll Call. The Invocation was delivered by Council Member C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. Welcome. Mayor Smith. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Tonight's meeting will be replayed on Channel 3 on Thursday, November 22, 2001, at 7:00 p.m., and Saturday, November 24, 2001, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. 13 Ao PUBLIC HEARINGS: Public hearing on the request of the Boys and Girls Clubs of Roanoke Valley, Inc., for designation of property identified as Official Tax Nos. 4240101 and 4240105, located at 1714 9th Street, S. E., to be exempted from taxation. Floyd A. Johnson, Executive Director, Spokesperson. Adopted Resolution No. 35667-111901. (7-0) File #79-304 Public hearing on the request of Unified Human Services Transportation System, Inc., for designation of property identified as Official Tax Nos. 1311221,2410101,2410301- 2410306, inclusive, to be exempted from taxation. Wilbum C. Dibling, Jr., Attorney. Adopted Resolution No. 35668-111901. Wyatt voted no.) File #79 (6-1, Council Member o Public hearing on the request of AMVETS-Post #40, John Harvey Memorial, to rezone property located at 917 Tazewell Avenue, S. E., identified as Official Tax No. 4112106, from RM-2, Residential Multi- family, Medium Density District, to C-2, General Commercial District. Wilbum C. Dibling, Jr., Attorney. Adopted Ordinance No. 35669-111901. Bestpitch voted no.) File #51 (6-1, Council Member Public hearing on the request of A.Victor Thomas, Dorothy L. Thomas, Annie B. Dudley and TLC Properties, Inc., to rezone properties on Orange Avenue, N. E., identified as Official Tax Nos. 3210101, 3210105 - 3210119, inclusive, and an undeveloped portion of Light Street, N. E., from LM, Light Manufacturing District, to C-2, General Commercial District. W. F. Mason, Jr., Attorney. Adopted Ordinance No. 35670-111901. (7-0) File #51 14 o Public hearing on the request of the City Planning Commission to rezone properties located on Vinyard Avenue, N. E., described as Official Tax Nos. 7040601 7040606, inclusive, from LM, Light Manufacturing District, to RS-3, Residential Single Family District. Christopher L. Chittum, City Planner, Department of Planning, Building, and Development, Spokesperson. Adopted Ordinance No. 35671-111901. (7-0) File #51 o Public hearing with regard to a proposed amendment of Section 36.1- 397, Zoning, Code of the City of Roanoke (1979), as amended, by adding a new subsection (11) manufacturing establishments as a permitted use in the INPUD, Institutional Planned Unit Development District. Darlene L. Burcham, City Manager. Adopted Ordinance No. 35672-111901. (7-0) File #24-51 Public hearing with regard to conveyance of City-owned property, containing 0.858 acre, identified as Official Tax No. 4010205, to the Western Virginia Foundation for the Arts and Sciences for design, development and construction of a new building or complex to house the art museum and IMAX Theatre. Darlene L. Burcham, City Manager. Adopted Ordinance No. 35673-111901. (7-0) File #32-166-427-538 o Public hearing to request the General Assembly of Virginia to make amendments to the Roanoke Charter of 1952, as amended, in order to remove archaic language and outdated, outmoded and unnecessary provisions therein; to conform certain provisions in the Charter to current State enabling laws; to streamline the City's legislative process; to require that certain Council-appointed officers reside within the City; to provide for the appointment of a deputy and assistant city managers; to increase the threshold for bidding and contracts for public improvements from thirty to fifty thousand dollars; to increase the threshold for change orders that must be approved by City Council from twenty-five thousand dollars to fifty thousand dollars or twenty-five per cent of the contract, whichever is greater; to increase the size of the City's Board of Zoning Appeals to seven members and delete the requirement that the Board authorize special exceptions to the City's zoning ordinance; and, in general, to make more efficient the operation of City government. William White, Sr., Chair, Legislative Committee. Adopted Resolution No. 35674-111901. (6-1, Mayor Smith voted no.) File #50-137 B. OTHER HEARING OF CITIZENS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Evelyn D. Bethel, 35 Patton Avenue, N. E., requested clarification with regard to how City Council meetings are conducted, i. e.: confusion over time limitations established for speakers, etc. File #66-132 Robert D. Gravely, 617 Hanover Avenue, N. W., expressed concern with regard to inner city needs, advantages offered by the City to big business, safety of elderly citizens, excessive traffic and speeding on Orange Avenue, inadequate street lighting in certain areas of the City, certain practices of the Roanoke Redevelopment and Housing Authority, drug trafficking in the City of Roanoke, and inadequate wages for City workers. File #66-132 The meeting was declared in recess for two Closed Sessions which were previously approved by Council. CERTIFICATION OF CLOSED SESSION. (7-0) THE MEETING OF COUNCIL WAS DECLARED IN RECESS UNTIL MONDAY, NOVEMBER 26, 2001, AT 9:00 A.M., AT THE VIRGINIA EXPLORE PARK, 3900 RUTROUGH ROAD (BLUE RIDGE PARKWAY), AT WHICH TIME COUNCIL WILL PARTICIPATE IN A JOINT RETREAT WITH THE ROANOKE CITY SCHOOL BOARD. Office of the Mayor CITY OF ROANOKE 1'i1 flllll WtIE~, carilion Home Care Services will celebrate its 20'n anniversary of service to the Roanoke Valley during the month of November; and Carillon Home Care Services provides home-based expert nursing and personal care to approximately 3000 persons in the Roanoke Valley each year; and CarRion Home Care Services employs 65 Roanoke-based empfoyees who made more than 42, 000 home visits last year providing the latest medical equipment for patients rangingfrom premature infants to the elderly, allowing patients to receive care and recover from illness and injury at home with their families, and providing services that previously could only be performed in a hospital setting; and Carillon Home Care Services is accredited by the Joint Commission on Accreditation of Healthcare Organizations; and WHEREAS, The National Association for Home Care has declared November as National Home Care Month. NOVY, THEREFORE, L Ralph K Smith, Mayor of the City of Roanoke, Virginia, encourage all citizens to honor the healthcare heroes who provide home care to millions of patients and families across America, and do hereby proclaim November 2001, throughout this great All-America City, as NATIONAL HOME CARE MONTH. Given under our hands and the Seal of the City of Roanoke this nineteenth day of November in the year two thousand and one. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-maih clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk C-1 November 19, 2001 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, Mayor RKS:sm HAAgenda.Ol\Closed Session on Vacancies.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 20, 2001 File #1-184 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: Your communication tendering your resignation as Director of Finance for the City of Roanoke, effective February 1,2001, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001. On motion, duly seconded and adopted, the communication was received and filed and your resignation was accepted. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Kenneth S. Cronin, Director of Human Resources N:\CKMHlXAgenda.01~November 19, 2001 corresp.wpd JAMES D. GRISSO Director of Finance November 5, 2001 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 JESSE A. HALL Deputy Director C-2 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Hards, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Council Members: The City of Roanoke provided me an excellent employment opportunity for more than twenty-seven years, it is with very mixed emotions that I must advise that I have accepted an offer from the American Somoa Government Employees' Retirement Fund. Therefore, I formally submit my resignation as your Director of Finance, effective February 1, 2002. This decision is not one that ! have taken lightly. My work as your Director of Finance has always been interesting and challenging. It has' been an honor and a privilege to be the team leader for the Office of Billings and Collections and the Department of Finance for the past nine years. This Council and pre~ious Councils have granted me the independence and authority to accomplish the financial function without political interference. For the opportunity of public service, I shall be forever indebted to this Council and previous Councils I have been honored to serve. I leave this position with the City in a strong financial position and a experienced and dedicated professional financial staff. Dudng the next three months we will complete the June 30, 2001 Comprehensive Annual Financial Statements, Bond Offedng Prospectus, Bond Ratings, and the issuance of the General Obligation Bonds to fund your adopted five year Capital Improvement Program. Our long association has been a very happy one for me and I leave you with the sincere gratitude and best wishes for your continued progress of our City. Respectfully Submitted, Director of Finance MARY F. PARKER. CMC City Clerk CITY OF ROANOKE OFFICE OF CIq'Y CLERK 215 Church Avenue. S.W.. Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us November 20, 2001 File #51-110 STEPHANIE M. MOON Deputy City Clerk Mr. J. Clayton Grogan 2018 Laburnum Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Grogan: ' Your communication tendering your resignation as a member of the Board of Zoning Appeals, effective November 2, 2001, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001. On motion, duly seconded, and adopted, the communication was received and filed and your resignation was accepted. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member of the Board of Zoning Appeals from May 1,2000 to November 2, 2001. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members of the Roanoke City Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Linda R. Leedy, Secretary, Board of Zoning Appeals Stephanie M. Moon, Deputy City Clerk N:\CKMHlXAgenda.01XNovember 19, 2001 corresp.wTJd RECEIVED CITY CLERKS OFFICE '01 NOV -6 R2:39 c-3 J. Clayton Grogan, ASLA 161 ! Winslow Drive Blacksburg, VA 24060 November 2, 2001 Mr. Ben Motley Chairman Board of Zon/ng Appeals City of Roanoke 215 Church Avenue Roanoke, VA 24011-1595 Re: Board Resignation Dear Ben: {40V 0 6 2001 En' o cement I respectfully submit to you my resignation as a member of the Roanoke City Board of Zoning Appeals. This shall be effective as of the date of this letter. I appreciate and enjoyed the opportunity to serve with you as well as the other members of the Boar& I feel that my time on the Board was productive and educational and that we had a positive impact on the community. Good luck to you and the other members and.continue to strive for excellence. Sincerely, Cc: Evelyn Dorsey- Zoning Administxator Steve Talevi - Asst. City Attorney C-4 RECEIVED CITY CLERKS OFFICE Office of the City Manager "01 NOV14 AP:55 November 19, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Conveyance of City Property to Paul Honaker Tax Map No. 2760603 Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing on the proposed conveyance or vacation of property rights. This is to request that a public hearing be advertised on the above matter for Council's regular meeting to be held on Monday, December 17, 2001. ^ full report will be included in the December 3, 2001, agenda material for your consideration. Respectfully submitted, City Manager DLB/MPC/na C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Maureen Castern, Project Manager Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us Office of the City Manager November 19, 2001 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Smith and Council Members: This is to request that City Council convene a closed meeting for a discussion concerning expansion of an existing business, where no previous announcement of the expansion has been made, pursuant to §2.2-3711.A.5, Code of Virginia (1950), as amended. Sincerely, Darlene L. Burc'Eam City Manager DLB/f C: City Attorney Director of Finance City Clerk Economic Development Specialist Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci, roanoke.va,us ,MARY F. PARKER. CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us November 20, 2001 File #110-314 STEPHANIE M. MOON Deputy City Clerk S. James Sikkema, Executive Director Blue Ridge Behavioral Healthcare 301 Elm Avenue, S. W. Roanoke, Virginia 24016-4001 Dear Mr. Sikkema: yOur communication requesting concurrence in the reappointment of William L. Lee for a term ending December 31, 2004, as an at-large member of the Blue Ridge Behavioral Healthcare Board of Directors, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001. On motion, duly seconded, and unanimously adopted, Council concurred in the reappointment of Mr. Lee, and requested that I express appreciation for his willingness to continue to serve on the Blue Ridge Behavioral Healthcare Board of Directors. Mary F. Parker, CMC City Clerk MFP:mh pc: William L. Lee, 3149 Appleton Avenue, N. W., Roanoke, Virginia 24017 Gerald A. Burgess, Clerk, Botetourt County, I West Main Street, #1, Intersection of Main and Roanoke Streets, Fincastle, Virginia 24090 Elizabeth N. Frank, Administrator, Craig County, P. O. Box 308, New Castle, Virginia 24127 Mary H. Allen, Clerk, Roanoke County, P. O. Box 29800, Roanoke, Virginia 24018 James E. Taliaferro, II, Clerk, City of Salem, P. O. Box 869, Salem, Virginia 24153 Darlene L. Burcham, City Manager Stephanie M. Moon, Deputy City Clerk H:XAgenda.01Xlqovember 19, 2001 corresp.wpd Blue Ridge Behavioral Healthcare RECEIVED CiTY CLERKS OFFICE '01' NOV 14 P2:24 C-6 William L. Lee Chah ...... Meredith B. Waid Vice Chairman John M. Hudgins, Jr. Treasurer Rita J. Gliniecki Secretary Executive Director S. James Sikkema, LCSW November 13, 2001 Ms. Darlene L. Burcham City Manager City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 Dear4v~s~,u~ham~ According to our records, the current term of William L. Lee as an at-large representative on the Blue Ridge Behavioral Healthcare Board of Directors will expire on December 31, 2001. Reverend Lee is currently serving as Chairman of our Board, and he is slated for reappointment to that office for the coming year. According to §37.1-196 of the Code of Virginia as amended in 1998, Community Services Board members are now eligible for three full three-year terms. We respectfully request that Roanoke City Council ratify the reappointment of William Lee for his third term, which will run from January 1, 2002 through December 31, 2004. The by-laws/~f the Board require that appointments of members at-large be ratified by a~l five participating localities, so this request is being sent for action by our other ~fur governments as well. / Sincerely~,. S. James Sikkema Executive Director C: The Honorable Ralph K. Smith, Mayor Mary F. Parker; City Clerk William L. Lee Executive Offices 301 Elm Avenue SW Roanoke, Virginia 24016-4001 (540) 345-9841 Fax (540) 345-6891 The Community Services Board serving the Cities of Roanoke and Salem, and the Counties of B0tetourt, Craig and Roanoke RECEIVED CITY CLERKS OFFICE CITY OF SALEM, VI~G~¢~ P1:35 1 14 NORTH BROAD STREET OFFICE OF CITY MANAGER P, O. BOX B69 24153-0869 (540) 375-3016 December 27, 2001 Mr. S. James Sikkema Blue Ridge Behavioral Healthcare 301 Elm Avenue, S. W. Roanoke, VA 24016-4001 Dear Mr. Sikkema: The Council of the City of Salem at its regular meeting held on December 10, 2001, reappointed William L. Lee to the Blue Ridge Behavioral Healthcare Board of Directors as an at-large member for a three-year term, subject to ratification of the appointment by the other participating localities. This term will expire on December 31, 2004. me. If you have any questions, please do not hesitate to contact Sincerely, Assistant City Manager and Clerk of Council JET:jcb c: Clerk, Roanoke County Board of Supervisors Clerk, Roanoke City Council Clerk, Botetourt County Board of Supervisors Clerk, Craig County Board of Supervisors MARY h. ALLEN, CMC CLERK tO ThE BOARD Internet E-Mail: mallen~Dwww.co.roanoke.va.us P.O. 'BOX 29BOO,Dr' 5204 BERNARD DRIVE I~ '"'/' P1:28 ROANOKE, VIRGINIA 24018-O79e BRENDA J. HOLTON (540) 772-2005 DEPUTY CLERK FAX (540) 772-2.193 Internet I=-MaiI: bholton@www.co.roanoke.va.u$ December 5, 2001 Mr. S. James Sikkema Executive Director Blue Ridge Community Services 301 Elm Avenue, SW Roanoke, VA 24016-4001 Dear Mr. Sikkema: This is to advise that at their meeting on Tuesday, December 4, 2001, the Board of Supervisors voted unanimously to ratify the appointment of Reverend William L. Lee as an at-large member of the Blue Ridge Behavioral Healthcare Board of Directors. Reverend Lee's term is for three years and will expire December 31,2004. On behalf of the supervisors and the citizens of Roanoke County, please convey to Reverend Lee our sincere thanks and appreciation for his willingness to accept this appointment. Sincerely, bjh Mary h. Allen, CMC Clerk to the Board of Supervisors Reverend William L. Lee Clerk, Vinton Town Council Clerk, Roanoke City Council Clerk, Salem City Council Clerk, Botetourt County Board of Supervisors Clerk, Craig County Board of Supervisors Recycled Paper '01 I~ -2 R2:52 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Troy A. Harmon, 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 Municipal Auditor for a term beginning October 18, 2001, and ending September 30, 2002, according to the best of my ability. I swear or affirm. Subscribed and sworn to before me this/~'"'-day o 'f,~-~-------~ 2001. / ARTHUR B. CRUSH, III, CLERK BY ,DEPUTYCLERK MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke, Virginia 24011- t 536 Telephone: (540) 853-2541 Fax: {540) 853-1145 E-mail: clerk@ci.roanoke.va.us November 20, 2001 File #15-51-110-192-207-280-488 STEPHANIE M. MOON Deputy City Clerk Margaret R. Baker, Secretary Industrial Development Authority of the City of Roanoke 2140 Windsor Avenue, S. W. Roanoke, Virginia 24015 Dear Ms. Baker: This is to advise you that S. Deborah Oyler has qualified as a Director of the Industrial Development Authority of the City of Roanoke for a term ending October 20, 2005.. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh N:\CKMHl~.genda.01XNovernber 19, 2001 corresp.wpd CITY I:LLt~l~b ur r ~L,c '01 liO¥ 14 i~9:07 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, S. Deborah Oyler, 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 Director of the Industrial Development Authority of the City of Roanoke, Virginia, for a term ending October 20, 2005, according to the best of my ability. I swear or affirm. Subscribed and sworn to before me this~day of 2001. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK N:\CKMHl~Agenda.01\October 18, 2001 correspondenc .wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 20, 2001 Linda R. Leedy, Secretary Board of Zoning Appeals Roanoke, Virginia Dear Ms. Leedy: Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk File #15-51-110-192-207-280-488 This is to advise you that William D. Poe has qualified as a member of the Board of Zoning Appeals to fill the unexpired term of Willard G. Light, resigned, ending December 31,2002. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk N:\CKMHtXAgenda.0PaNovember 19, 2001 corresp.wpd '01 NQV 14 ag :07 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, William D. Poe, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Board of Zoning Appeals to fill the unexpired term of Willard G. Light, resigned, ending December 31,2002, according to the best of my ability. I swear or affirm. Subscribed and sworn to before me this /---7~dday of'-0~d ~/ 2001. ARTHU, R B./)CRUSH, III,,,CLERK , DEPUTY CLERK H:L~genda.01\November 5, 2001 correspondance.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk November 20, 2001 Sheila N. Hartman Assistant City Clerk File #15-51-110-192-207-280-488 Susan Bryant-Owens, Secretary Roanoke Civic Center Commission Roanoke, Virginia Dear Ms. Bryant-Owens: This is to advise you that Stuart G. Boblett, III, has qualified as a member of the Roanoke Civic Center Commission to fill the unexpired term of Edward L. Lambert, deceased, ending September 30, 2003. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh N:\CKMHl\Ageada.01kNovember 19, 2001 corresp.wpd '01 NOV 14 P3:53 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Stuart G. Boblett, III, 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 Civic Center Commission to fill the unexpired term of Edward L. Lambert, deceased, ending September 30, 2003, according to the best of my ability. I swear or affirm,~ Subscribed and sworn to before me this ~ ~ day of ~ d 2001. ,DEPUTYCLERK H:XAgenda.01\November 5, 2001 correspondance.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk November 20, 2001 File #15-51-110-192-207-280-488 Elizabeth Watson, Secretary Roanoke Neighborhood Partnership Steering Committee Roanoke, Virginia Dear Ms. Watson: This is to advise you that Paula L. Prince has qualified as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2004. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh H:kAgenda.01X~lovember 19, 2001 corresp.wpd RECEIVED CITY CLERKS OFFICE '01 NOV -8 A9:08 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Paula L. Prince, 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 Neighborhood Partnership Steering Committee for a term ending November 30, 2004, according to the best of my ability. I swear or affirm. Subscribed and sworn to before me this (,_~ day of t'q od 2001. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK .8. MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk November 19, 2001 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: We jointly recommend that the request of Total Action Against Poverty to address Council regarding the Western Virginia Education Classic which was held on September 1,2001, be included on the City Council agenda for Monday, November 19, 2001, at 2:00 p.m., under Petitions and Communications. Sincerely, William D. Bestpitch Council Member Linda F. Wyatt Council Member WDB/LFW:sm H?,Agenda. Ol\Council Form Letter for Agenda Items.wpd TOTAL ACTION AGAINST POVERTY November 9, 2001 Honorable Mayor and Members Roanoke City Council Roanoke, VA 24016 Dear Mayor Smith and Members of Council: The City of Roanoke was a co-sponsor of the Western Virginia Education Classic held September 1,2001. TAP would like to formally thank the City Council and Darlene Burcham for their support. I will give comments about the support and outcome of their support. I will also give a gift to each member of City Council and Darlene on behalf of the Western Virginia Education Classic Steering Committee. Thanks, Annette Lewis, Director TAP This Valley Works Higher Education Center 108 N. Jefferson St. P. O. Box 2868 Roanoke, VA 24001 767-6221 phone 767-6239 fax P.O. BOX 2868 · ROANOKE, VIRGINIA · 20001 PHONE: 540-767-6221 · FAX: 540-767-6239 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 20, 2001 File #60-467 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35641-111901 amending and reordaining certain sections of the 2001-02 School Fund Appropriations, providing for appropriation of $7,915.00 for the 2001-02 Western Virginia Regional Science Fair. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001. Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Sherman Lea, Chair, Roanoke City School Board, 1638 Lonna Drive, N. W., Roanoke, Virginia 24019 Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Cindy H. Lee, Clerk, Roanoke City School Board Barry L. Key, Director, Office of Management and Budget N:\CKMHl~Agenda.01hNovember 19, 2001 corresp.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2001. No. 35641-111901. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 School Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the~ 2001-2002 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education Instruction (1) .............................................. Western Virginia Regional Science Fair (2001-02) (2-5) ............. $140,855,558 46,407,319 7,915 Revenues Education $139,311,434 Western Virginia Regional Science Fair (2001-02) (6-7) ............. 7,915 1) Matching Funds 2) Other Professional Services 3) Conventions/ Education; 4) Dues and Association Membership 5) Educational Recreational Supplies 6) Local Match 7) Fees (030-062-6001-6111-0588) (030-062-6833-6311-0313) (030-062-6833-6311-0554) (030-062-6833-6311-0581) (030-062-6833-6311-0614) (030-062-6833-1101) (030-062-6833-1103) $ (2,000) 232 5,183 500 2,000 2,000 5,915 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RSST SUPT BISHOP /Raanoke- Cib' School Board Sherman P. Lea, Chairman Marsha W. Ellison Ruth C. Willson, Vice Chairman Gloria P. Manns Charles W. Day Melinda J. Payne " F/Cc P.O. Box 13145, Roanoke, Virginia 24031 · 540-8.91~r~381 Fax: 540-853~2951 .~' ~V 15 PI2 Brian J, Wishneff E. Wayne Harris, Ed.D., Superintendent Cindy H. Lee, Clerk of the Board November 19, 2001 The Honorable Ralph K. Smith, Mayor and Members of Roanoke City Council Roanoke, VA 240:[1 Dear Members of Council: The School Board at its November 13 meeting approved to request the Roanoke City Council to appropriate $7,915.00 for the 2001-02 Western Virginia Regional Science Fair. This continuing grant will be funded by participating school districts, corporate and individual contributions, and local match. re The Board appreciates the approval of this request.. Sincerely, Cindy H, Lee, Clerk cc: Hr. Sherman P, Lea Dr, E. Wayne Harris Hr. Richard L. Kelley Mr, Kenneth F. Mundy Mr, William L, Hurray Hrs. Darlene L. Burcham Hr. William M. Hackworth Hr. James D. Grisso Hrs. Ann H. Shawver (with accounting details) Preparing Students for Success NOU-14-2001 09:34 RSST SUPT ~ISHOP 5405104280 P.03/03 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST 2001-02 Wes'tern Virginia Regional Science Fair 6833 Contracted Services Travel Expenses Membership Fees Instructional Supplies 232.00 5,183.00 500.00 2,000.00 030-062-6833-6311-0313 2.9 % 030-062-6833-6311-0554 65.5 % 030-062-683~6311,0581 6.3% 030-062-6833-6311-0614 25.30 % Appropriation Unit X87 $ 7,915.00 100.0 % 030-062-6833.1101 Local Match $ 2.000,00 25.3 % 030-062-6833-1103 Fees 5,915.00 74,7 % $ 7,915.00 100.0 % The 2001-02 Western Virginia Regional Science Fair is being hosted by Roanoke City. Participating School Districts and corporate and individual contributions will contribute toward the cost of the fair, with a local match cost to Roanoke City Schools in the amount of $2,000 to be taken from account 030-062-6001-6111-0588. The grant period will end December 31, 2002. This is a continuing grant program. November 13, 2001 TOTRL P.03  'J~l~ Sherman P. Lea, Chairman Marsha W. Ellison Brian J. Wishneff Ruth C. Willson, Vice Chairman Gloria P. Manns E. Wayne Harris, Ed.D., Superintendent ' Charles W. Day Melinda J. Payne Cindy H. Lee, Clerk of the Board /Roanoke RFCFIYED CITY CLERKS OFFICE ~ ~' City School Board P.O. Box 13145, Roanoke, Virginia24031 · 540-853-2381 · Fax: 540-853-2951 '01 1~-9 P1:58 November 19, 2001 Mrs. Mary F. Parker, CMC/AAE City Clerk City of Roanoke Roanoke, VA 24011 Dear Mrs. Parker: The attached School Board requests should be included on City Council's November 19 agenda. ]:f there is a change to this request, you will be notified on Wednesday, November 14. Thank you for your attention to this matter. Sincerely, Cindy H. Lee, Clerk re cc: Mrs. Ann H. Shawver Preparing Students for Success JAMES D. GRISSO Director of Finance November 19, 2001 CITY OF ROANOKEclr, REcEtv~O DEPARTMENT OF FINANCI~ r CL£RI~$ 0tFIC~ 215 Church Avenue, S.W., Room 461 P. o. Box ~ 220 '01 ~ I~ Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 Pt2:06 JESSE A. HALL Deputy Director The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor William O. Bestpitch, Council Member C. Nelson Harris, Council Member W. Alvin Hudson, Council Member William H. White, Sr., Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate the following: $7,915 for the 2001-02 Western Virginia Regional Science Fair. This continuing grant will be funded by participating school districts, corporate and individual contributions, and local match. We recommend that you concur with this request of the School Board. Sincerely, ~me~s D. Grisso " Director of Finance JDG/JSY/pac Attachment C: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk E. Wayne Harris, Superintendent of City Schools MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 2401 I-I 536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk November 20, 2001 File ¢¢/t53-207-221-467 Harwel) M. Darby, Jr., Attorney P. O. Box 2887 Roanoke, Virginia 24001 Dear Mr. Darby: I am enclosing copy of Resolution No. 35643-111901 authorizing, among other things, the issuance of not to exceed $100,000,000 aggregate principal amount of Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (C'arilion Health System Obligated Group) Series 2002A to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure po: Catherine Moser and Robert Dean Poe, Esquire, Hunton and Williams, 957 East Bird Street, Richmond, Virginia 23219 Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Barry L. Key, Director, Management and Budget N:\CKMHl~genda.01X/qovember 19, 2001 corresp.w~d IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2001. No. 35643-111901. A RESOLUTION of the City Council of the City of Roanoke, Virginia authorizing, among other things, the issuance of not to exceed $100,000,000 aggregate principal amount of Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group) Series 2002A to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended. WHEREAS, the City of Roanoke, Virginia (the "City") is a political subdivision of the Commonwealth of Virginia exercising public and essential governmental functions pursuant to the Constitution and laws of the Commonwealth of Virginia; and WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Roanoke Authority") is a political subdivision of the Commonwealth of Virginia and is authorized under Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the "Act"), to issue revenue bonds for the purpose of facilitating the financing or refinancing of certain projects required or useful for health care purposes; and WHEREAS, Carilion Medical Center ("CMC") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates health care facilities located in the City of Roanoke, Virginia; and WHEREAS, Carilion Giles Memorial Hospital ("CGMH") is a private nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the Town of Pearisburg, Giles County, Virginia; and WHEREAS, Bedford Memorial Hospital ("BMH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the City of Bedford, Virginia; and WHEREAS, Carilion Franklin Memorial Hospital ("CFMH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the Town of Rocky Mount, Franklin County, Virginia; and H:'a'-idabonds I 11901 WHEREAS, the Roanoke Authority has by resolution adopted July 26, 2001 evidenced its desire to issue one or more series of its revenue bonds for the purposes described therein; and WHEREAS, the Roanoke Authority has by resolution adopted November 14, 2001 (the "Roanoke Authority Resolution") authorized the issuance of the Industrial Development AuthoritY of the City of Roanoke, Virginia Hospital Revenue Bonds (Car/lion Health System Obligated Group), Series 2002A (the "Bonds'') in an aggregate principal amount not to exceed $100,000,000 for the following purposes: (I) (a) financing for CMC in the approximate amount of $85,500,000 a portion of the costs of (i) (A) renovating and/or expanding certain portions of Carilion Roanoke Memorial Hospital, an approximately 1,050,000 square foot health care facility and/or (B) acquiring certain capital equipment for use in or in connection with Carilion Roanoke Memorial Hospital (the "Carilion Roanoke Memorial Hospital Project"), (ii) paying costs of equipping and upfitting an imaging facility to be housed in a new medical office building to be located adjacent to Carilion Roanoke Memorial Hospital (the "CRMH Imaging Project") and (iii) (A) renovating and/or expanding certain portions of Cadlion Roanoke Community Hospital, an approximately 413,000 square foot health care facility, and/or (B) acquiring certain capital equipment for use in or in connection with Carilio~n Roanoke Community Hospital (the "Cadlion Roanoke Community Hospital Project"), (b) financing for CGMH in the approximate amount of $3,000,000 a portion of the costs of (i) renovating and/or expanding certain portions of Carilion Giles Memorial Hospital, an approximately 76,000 square foot health care facility, and/or (ii) acquiring certain capital equipment for use in or in connection with Carilion Giles Memorial Hospital (the "Cadlion Giles Memorial Hospital Project"), (c) financing for BMH in the approximate amount of $5,500,000 a portion of the costs of (i) renovating and/or expanding certain portions of the Bedford Memorial' Hospital, an approximately 118,000 square foot health care facility, and/or (ii) acquiring certain capital equipment for use in or in connection with Bedford Memorial Hospital (the "Bedford Memorial Hospital Project"), and (d) financing for CFMH in the approximate amount of $6,000,000 a portion of the costs of (i) renovating and/or expanding certain portions of Carilion Franklin Memorial Hospital, an approximately 61,000 square foot health care facility, (ii) constructing a three-story, approximately 40,000 square foot addition to CFMH, which is to include a new entrance and lobby, specialty clinics and administrative offices, and/or (iii) acquiring certain capital equipment for use in or in connection with the Carilion Franklin Memorial Hospital (the "Cadlion Franklin Memorial Hospital Project") (the Carilion Roanoke Memorial Hospital Project, the CRMH Imaging Project, the Carilion Roanoke Community Hospital Project, the Carilion Giles Memorial Hospital Project, the Bedford Memorial Hospital Project and the Carilion Franklin Memorial Hospital Project are hereinafter collectively referred to as the "Project"); (II) refinancing certain outstanding interim indebtedness incurred by CMC, CGMH, BMH and CFMH in connection with the financing of a portion of the cost of acquiring, constructing, renovating and equipping the Project; (HI) paying a portion of the interest accruing on the Bonds during the acquisition, construction, renovation and equipping of the Project; (IV) funding a debt service reserve fund for the Bonds in the event the Authority determines at the time the Bonds are to be sold that a debt service reserve fund is warranted, and (V) paying certain expenses incurred in connection with the issuance of the Bonds, including credit enhancement fees with respect to the Bonds, if any; and H:~'-idabonds I i 1901 WHEREAS, CMC owns and operates Carilion Roanoke Memorial Hospital and the location of the Carilion Roanoke Memorial Hospital Project is Jefferson Street and Belleview Avenue, S.E., Roanoke, Virginia; CMC will own the CRMH Imaging Project and the location of the CRMH Imaging Project is 2001 Crystal Spring Avenue, Roanoke, Virginia; CMC also owns and operates Carilion Roanoke Community Hospital and the location of the Carilion Roanoke Community Hospital Project is 101 Ell Avenue, S.E., Roanoke, Virginia; BMH owns and operates Bedford Memorial Hospital and the location of the Bedford Memorial Hospital Project is 1613 Oakwood Street, Bedford, Virginia; CGMH owns and operates Carilion Giles Memorial Hospital and the location of the Carilion Giles Memorial Hospital Project is 1 Taylor Avenue, Pearisburg, Virginia; and CFMH owns and operates Carilion Franklin Memorial Hospital and the location of the Carilion Franklin Memorial Hospital Project is 124 Floyd Avenue, Rocky Mount, Franklin County, Virginia; and WHEREAS, the City Council of the City of Roanoke, Virginia (the "Roanoke City Council") must first approve the issuance of the Bonds before the Roanoke Authority can proceed with the financing; and WHEREAS, the Roanoke Authority has delivered or caused to be delivered to the Roanoke City Council the following: (i) a reasonably detailed summary of the comments expressed at the public hearing held by the Roanoke Authority in connection with the issuance of the Bonds, (ii) a fiscal impact statement concerning the Project and the Bonds in the form specified in Section 15.2- 4907 of the Act, and (iii) a copy of the Roanoke Authority Resolution, which constitutes the recommendation of the Roanoke Authority that the Roanoke City Council approve the financing of the Project and the issuance of the Bonds; and WHEREAS, the Roanoke City Council has determined that it is necessary at this time to approve the issuance by the Roanoke Authority of not to exceed $100,000,000 aggregate principal amount of the Bonds to promote the improvement of the health and living conditions of the people of the City of Roanoke and the Commonwealth of Virginia, increase oppommities for gainful emPloyment, improve health care and otherwise aid in improving the prosperity and welfare of said Gity and Commonwealth and its inhabitants by improving the hospital facilities of CMC, BMH, CGMH and CFMH, respectively; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Roanoke, Virginia: SECTION 1. The Roanoke City Council hereby authorizes the issuance by the Roanoke Authority of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group), Series 2002A in an aggregate principal amount not to exceed $100,000,000 (the "Bonds") for the purpose of (i) financing a portion of the coSts of the Project, (ii) refinancing certain outstanding interim indebtedness incurred by CMC, CGMH, BMH and CFMH in connection with the financing of a portion of the cost of acquiring, constructing, renovating and equipping the Project, (iii) paying a portion of the interest accruing on H:'u'-idabond.~ 111901 the Bonds during the acquisition, construction, renovation and equipping of the Project, (iv) funding a debt service reserve fund for the Bonds in the event the Authority determines at the time the Bonds are to be sold that a debt service reserve fund is warranted and (v) paying certain expenses incurred in connection with the issuance of the Bonds, including credit enhancement fees with respect to the Bonds, if any. SECTION 2. The Mayor or Vice Mayor and the Clerk or any Deputy Clerk to the Roanoke City Council are hereby authorized and directed, on behalf of the City, to take any and all action necessary, including the execution of any documents, to consummate the issuance and sale of the Bonds in conformity with the provisions of this resolution. SECTION 3. The approval of the issuahce of the Bonds, as required by Section 147(0 of the Internal Revenue Code of 1986, as amended, and the Act, does not constitute an endorsement to any prospective purchaser of the Bonds or the creditworthiness ofCMC, BMH, CGMH or CFMH, and, as required by the Act, the Bonds shall provide that neither the Commonwealth of Virginia, the City nor the Roanoke Authority shall be obligated to pay the principal of, the redemption premium, if any, or the interest on fife Bonds or other costs incident thereto except fi.om the revenues and funds pledged therefor and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the City nor the Roanoke Authority shall be pledged thereto. SECTION 4. This Resolution shall take effect immediately upon its passage. ATTEST: City Clerk. H:h'-idabond~ 111901 CHICAGO DALLAS LOS ANGELES SAN FRANCISCO SEATTLE WASHINGTON, D.C. SIDLEY AUSTIN BROWN & WOOD LLP 875 THIRD AVENUE NEW YORK, NEW YORK 10022 TELEPHONE 212 9o6 9ooo FACSIMILE 212 906 2021 www.sidley.com FoulffbED 1866 BEIJING HONG KONG LONDON SHANGHAI SINGAP(~RE TOKYO WRITER'S DIRECT NUMBER (212) 906-2799 X3226 WRITER'S E-MAIL ADDRESS amanoharan @sidIey.¢om January 29, 2002 By Federal Express Mary F. Parker City Clerk 215 Church Avenue, S. W. Noel C. Taylor Municipal Building Room 456 Roanoke, Virginia 24011-1536 Dear Mary: Enclosed are the two certificates for execution by you in connection with the $100,000,000 Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group) Series 2002A (the "Bonds"). The first certificate is the incumbency and seal certificate for the City of Roanoke, and the second certificate is the certificate as to the resolution which was passed with reference to the Bonds. We have the resolution in our files and enclose a copy merely for reference. Please return twelve (12) signed and sealed copies of each certificate to me in the enclosed self-addressed Federal Express envelope for delivery by Friday, February 1. You do not need to send copies of the resolution. Please do not hesitate to contact me with questions or concerns. I can be reached at (212) 906-2799 ext. 3226. Thank you for all your help. AEM:aem Sincerely, Archana E. Manoharan NY1 5137598vl (11) City Council of the City of Roanoke, Virginia Certificate as to the Resolution I, Mary F. Parker, DO HEREBY CERTIFY that: Virginia. I am the City Clerk of the City Council (the "City Council") of the City of Roanoke, 2. Attached hereto is a true and correct copy of a certain resolution duly adopted at a regular meeting of the City Council duly called and held on November 19, 2001. 3. At the aforementioned meeting a quorum was present and acting at all times. 4. Such resolution is in full force and effect, has not been in any respect modified, revoked or rescinded, and reflects all action taken by the City Council in connection with the issuance of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Cadlion Health System Obligated Group), Series 2002A. WITNESS my hand and the official Seal of the City of Roanoke, Virginia this 5th day of February, 2002. ~ ~b~ d F~~ Mary F. Parker Clerk to the City Council of the City of Roanoke, Virginia [SEAL] (11) City Council of the City of Roanoke, Virginia Certificate as to the Resolution I, Mary F. Parker, DO HEREBY CERTIFY that: Virginia. I am the City Clerk of the City Council (the "City Council") of the City of Roanoke, 2. Attached hereto is a true and correct copy of a certain resolution duly adopted at a regular meeting of the City Council duly called and held on November 19, 2001. 3. At the aforementioned meeting a quorum was present and acting at all times. 4. Such resolution is in full force and effect, has not been in any respect modified, revoked or rescinded, and reflects all action taken by the City Council in connection with the issuance of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group), Series 2002A. WITNESS my hand and the official Seal of the City of Roanoke, Virginia this 5th day of February, 2002. f~ d. ~ Mary F. Parker Clerk to the City Council of the City of Roanoke, Virginia [SEAL] (11) City Council of the City of Roanoke, Virginia Certificate as to the Resolution I, Mary F. Parker, DO HEREBY CERTIFY that: Virginia. I am the City Clerk of the City Council (the "City Council") of the City of Roanoke, 2. Attached hereto is a true and correct copy Of a certain resolution duly adopted at a regular meeting of the City Council duly called and held on November 19, 2001. 3. At the aforementioned meeting a quorum was present and acting at all times. 4. Such resolution is in full force and effect, has not been in any respect modified, revoked or rescinded, and reflects all action taken by the City Council in connection with the issuance of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Cadlion Health System Obligated Group), Series 2002A. WITNESS my hand and the official Seal of the City of Roanoke, Vir..ginia this 5th day of February, 2002. ~ Mary F. Parker Clerk to the City Council of the City of Roanoke, Virginia [SEndal (11) City Council of the City of Roanoke, Virginia Certificate as to the Resolution I, Mary F. Parker, DO HEREBY CERTIFY that: Virginia. I am the City Clerk of the City Council (the "City Council") of the City of Roanoke, 2. Attached hereto is a true and correct copy of a certain resolution duly adopted at a regular meeting of the City Council duly called and held on November 19, 2001. 3. At the aforementioned meeting a quorum was present and acting at all times. 4. Such resolution is in full force and effect, has not been in any respect modified, revoked or rescinded, and reflects all action taken by the City Council in connection with the issuance of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group), Series 2002A. WITNESS my hand and the official Seal of the City of Roanoke, Virginia this 5th day of February, 2002. ~ifl,~a~,a,,~ Mary F. Clerk to the City Council of the City of Roanoke, Virginia [SE, L] (11) City Council of the City of Roanoke, Virginia Certificate as to the Resolution I, Mary F. Parker, DO HEREBY CERTIFY that: Virginia. I am the City Clerk of the City Council (the "City Council") of the City of Roanoke, 2. Attached hereto is a true and correct copy of a certain resolution duly adopted at a regular meeting of the City Council duly called and held on November 19, 2001. 3. At the aforementioned meeting a quorum was present and acting at all times. 4. Such resolution is in full force and effect, has not been in any respect modified, revoked or rescinded, and reflects all action taken by the City Council in connection with the issuance of the Industrial Development Authority of the City o fRoanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group), Series 2002A. WITNESS my hand and the official Seal of the City of Roanoke, Virginia this 5th day of February, 2002. f~~.~~ Mary F. Parker Clerk to the City Council of the City of Roanoke, Virginia [SEIki (Il) City Council of the City of Roanoke, Virginia Certificate as to the Resolution I, Mary F. Parker, DO HEREBY CERTIFY that: Virginia. I am the City Clerk of the City Council (the "City Council") of the City of Roanoke, 2. Attached hereto is a true and correct copy of a certain resolution duly adopted at a regular meeting of the City Council duly called and held on November 19, 2001. 3. At the aforementioned meeting a quorum was present and acting at all times. 4. Such resolution is in full force and effect, has not been in any respect modified, revoked or rescinded, and reflects all action .taken by the City Council in connection with the issuance of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group), Series 2002A. WITNESS my hand and the official Seal of the City of Roanoke, Virginia this 5th day of February, 2002. ~ ~~ Mary F. Parker Clerk to the City Council of the City of Roanoke, Virginia [SEAL] (ll) City Council of the City of Roanoke, Virginia Certificate as to the Resolution I, Mary F. Parker, DO HEREBY CERTIFY that: Virginia. I am the City Clerk of the City Council (the "City Council") of the City of Roanoke, 2. Attached hereto is a true and correct copy of a certain resolution duly adopted at a regular meeting of the City Council duly called and held on November 19, 2001. 3. At the aforementioned meeting a quorum was present and acting at all times. 4. Such resolution is in full force and effect, has not been in any respect modified, revoked or rescinded, and reflects all action taken by the City Council in connection with the issuance of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group), Series 2002A. WITNESS my hand and the official Seal of the City of Roanoke, Virginia this 5th day of February, 2002. Mary F. Parker Clerk to the City Council of the City of Roanoke, Virginia [SEAL] (11) City Council of the City of Roanoke, Virginia Certificate as to the Resolution I, Mary F. Parker, DO HEREBY CERTIFY that: Virginia. I am the City Clerk of the City Council (the "City Council") of the City of Roanoke, 2. Attached hereto is a true and correct copy of a certain resolution duly adopted at a regular meeting of the City Council duly called and held on November 19, 2001. 3. At the aforementioned meeting a quorum was present and acting at all times. 4. Such resolution is in full force and effect, has not been in any respect modified, revoked or rescinded, and reflects all action taken by the City Council in connection with the issuance of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group), Series 2002A. WITNESS my hand and the official Seal of the City of Roanoke, Virginia this 5th day of February, 2002. ~&~ Mary F. Parker Clerk to the City Council of the City of Roanoke, Virginia (11) City Council of the City of Roanoke, Virginia Certificate as to the Resolution I, Mary F. Parker, DO HEREBY CERTIFY that: Virginia. I am the City Clerk of the City Council (the "City Council") of the City of Roanoke, 2. Attached hereto is a true and correct copy of a certain resolution duly adopted at a regular meeting of the City Council duly called and held on November 19, 2001. 3. At the aforementioned meeting a quorum was present and acting at all times. 4. Such resolution is in full force and effect, has not been in any respect modified, revoked or rescinded, and reflects all action taken by the City Council in connection with the issuance of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group), Series 2002A. WITNESS my hand and the official Seal of the City of Roanoke, Virginia this 5th day of February, 2002. ~~.~~ Mary F. Parker Clerk to the City Council of the City of Roanoke, Virginia [SEAL] (11) City Council of the City of Roanoke, Virginia Certificate as to the Resolution I, Mary F. Parker, DO HEREBY CERTIFY that: Virginia. I am the City Clerk of the City Council (the "City Council") of the City of Roanoke, 2. Attached hereto is a true and correct copy of a certain resolution duly adopted at a regular meeting of the City Council duly called and held on November 19, 2001. 3. At the aforementioned meeting a quorum was present and acting at all times. 4. Such resolution is in full force and effect, has not been in any respect modified, revoked or rescinded, and reflects all action taken by the City Council in connection with the issuance of the Industrial Development Authority. of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group), Series 2002A. WITNESS my hand and the official Seal of the City of Roanoke, Virginia this 5th day of February, 2002. ~ .~. ~~ Mary F. Parker Clerk to the City Council of the City of Roanoke, Virginia [SEAL] (11) City Council of the City of Roanoke, Virginia Certificate as to the Resolution I, Mary F. Parker, DO HEREBY CERTIFY that: Virginia. I am the City Clerk of the City Council (the "City Council") of the City of Roanoke, 2. Attached hereto is a true and correct copy of a certain resolution duly adopted at a regular meeting of the City Council duly called and held on November 19, 2001. 3. At the aforementioned meeting a quorum was present and acting at all times. 4. Such resolution is in full force and effect, has not been in any respect modified, revoked or rescinded, and reflects all action taken by the City Council in connection with the issuance of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group), Series 2002A. WITNESS my hand and the official Seal of the City of Roanoke, Virginia this 5th day of February, 2002. ~p~k~er j~, ~~ Mary F. Clerk to the City Council of the City of Roanoke, Virginia [SEAL] (11) City Council of the City of Roanoke, Virginia Certificate as to the Resolution I, Mary F. Parker, DO HEREBY CERTIFY that: Virginia. I am the City Clerk of the City Council (the "City Council") of the City of Roanoke, 2. Attached hereto is a true and correct copy of a certain resolution duly adopted at a regular meeting of the City Council duly called and held on November 19, 2001. 3. At the aforementioned meeting a quorum was present and acting at all times. 4. Such resolution is in full force and effect, has not been in any respect modified, revoked or rescinded, and reflects all action taken by the City Council in connection with the issuance of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group), Series 2002A. WITNESS my hand and the official Seal of the City of Roanoke, Virginia this 5th day of February, 2002. ~ Mary F. Parker Clerk to the City Council of the City of Roanoke, Virginia [SEAL] (22)(a) City of Roanoke, Virginia Incumbency and Seal Certificate I, Mary F. Parker, DO HEREBY CERTIFY that: 1. I am the Clerk to the City Council (the "City Council") of the City of Roanoke, Virginia (the "City"). 2. The following is a correct list of the names of the members of the City Council and certain officers of the City and the date of expiration of their respective terms of office: EXPIRATION OFFICER OF TERM Ralph K. Smith, Mayor William H. Carder, Vice-Mayor* William D. Bestpitch, Councilmember C. Nelson Harris, Councilmember W. Alvin Hudson, Jr., Councilmember William White, Sr., Councilmember Linda F. Wyatt, Councilmember Mary F. Parker, Clerk June 30 2004 June 30 2004 June 30 2004 June 30 2002 June 30 2002 June 30 2002 June 30 2004 September 30, 2002 *Term as Vice-Mayor ends June 30, 2002. See {}4, Roanoke Charter of 1952. 3. The Mayor and each of the members of the City Council did, before entering on the performance of his or her public duties, take and subscribe the oath required by Article Il, Section 7, of the Constitution of Virginia. 4. The official Seal of the City, being the only Seal used by the City in the execution of bonds and contracts, is the Seal an impression of which is affixed opposite my signature on this certificate. 5. The resolution adopted by the City Council at its meeting of November 19, 2001 has not been repealed or amended and said resolution remains in full force and effect. WITNESS my hand and the official Seal of the City this 5th da~f February, 2002. Mary F. Clerk to the City Council of the City of Roanoke, Virginia [SEAL] (22)(a) City of Roanoke, Virginia Incumbency and Seal Certificate I, Mary F. Parker, DO HEREBY CERTIFY that: 1. I am the Clerk to the City Council (the "City Council") of the City of Roanoke, Virginia (the "City"). 2. The following is a correct list of the names of the members of the City Council and certain officers of the City and the date of expiration of their respective terms of office: EXPIRATION OFFICER OF TERM Ralph K. Smith, Mayor William H. Carder, Vice-Mayor* William D. Bestpitch, Councilmember C. Nelson Harris, Councilmember W. Alvin Hudson, Jr., Councilmember William White, Sr., Councilmember Linda F. Wyatt, Councilmember Mary F. Parker, Clerk June 30 2004 June 30 2004 June 30 2004 June 30 2002 June 30 2002 June 30 2002 June 30 2004 September 30, 2002 *Term as Vice-Mayor ends June 30, 2002. See {}4, Roanoke Charter of 1952. 3. The Mayor and each of the members of the City Council did, before entering on the performance of his or her public duties, take and subscribe the oath required by Article II, Section 7, of the Constitution of Virginia. 4. The official Seal of the City, being the only Seal used by the City in the execution of bonds and contracts, is the Seal an impression of which is affixed opposite my signature on this certificate. 5. The resolution adopted by the City Council at its meeting of November 19, 2001 has not been repealed or amended and said resolution remains in full force and effect. WITNESS my hand and the official Seal of the City this 5th d]~jFebruary, 2002. Clerk to the City Council of the City of Roanoke, Virginia [SEAL] (22)(a) City of Roanoke, Virginia Incumbency and Seal Certificate I, Mary F. Parker, DO HEREBY CERTIFY that: 1. I am the Clerk to the City Council (the "City Council") of the City of Roanoke, Virginia (the "City"). 2. The following is a correct list of the names of the members of the City Council and certain officers of the City and the date of expiration of their respective terms of office: OFFICER EXPIRATION OF TERM Ralph K. Smith, Mayor William H. Carder, Vice-Mayor* William D. Bestpitch, Councilmember C. Nelson Harris, Councilmember W. Alvin Hudson, Jr., Councilmember . William White, Sr., Councilmember Linda F. Wyatt, Councilmember Mary F. Parker, Clerk June 30 2004 June 30 2004 June 30 2004 June 30 2002 June 30 2002 June 30 2002 June 30 2004 September 30, 2002 *Term as Vice-Mayor ends June 30, 2002. See {}4, Roanoke Charter of 1952. 3. The Mayor and each of the members of the City Council did, before entering on the performance of his or her public duties, take and subscribe the oath required by Article II, Section 7, of the Constitution of Virginia. 4. The official Seal of the City, being the only Seal used by the City in the execution of bonds and contracts, is the Seal an impression of which is affixed opposite my signature on this certificate. 5. The resolution adopted by the City Council at its meeting of November 19, 2001 has not been repealed or amended and said resolution remains in full force and effect. WITNESS my hand and the official Seal of the City this 5th day of [SEAL] f bruary, 2002. Mary F. Parker Clerk to the City Council of the City of Roanoke, Virginia (22)(a) City of Roanoke, Virginia Incumbency and Seal Certificate I, Mary F. Parker, DO HEREBY CERTIFY that: 1. I am the Clerk to the City Council (the "City Council") of the City of Roanoke, Virginia (the "City"). 2. The following is a correct list of the names of the members of the City Council and certain officers of the City and the date of expiration of their respective terms of office: EXPIRATION OFFICER OF TERM Ralph K. Smith, Mayor William H. Carder, Vice-Mayor* William D. Bestpitch, Councilmember C. Nelson Harris, Councilmember W. Alvin Hudson, Jr., Councilmember William White, Sr., Councilmember Linda F. Wyatt, Councilmember Mary F. Parker, Clerk June 30 2004 June 30 2004 June 30 2004 June 30 2002 June 30 2002 June 30 2002 June 30 2004 September30, 2002 *Term as Vice-Mayor ends June 30, 2002. See §4, Roanoke Charter of 1952. 3. The Mayor and each of the members of the City Council did, before entering on the performance of his or her public duties, take and subscribe the oath required by Article II, Section 7, of the Constitution of Virginia. 4. The official Seal of the City, being the only Seal used by the City in the execution of bonds and contracts, is the Seal an impression of which is affixed opposite my signature on this certificate. 5. The resolution adopted by the City Council at its meeting of November 19, 2001 has not been repealed or amended and said resolution remains in full force and effect. WITNESS my hand and the official Seal of the City this 5th [SEAL] M~~F. P~ er ~'' ~~ary, 2002. Clerk to the City Council of the City of Roanoke, Virginia (22)(a) City of Roanoke, Virginia Incumbency and Seal Certificate I, Mary F. Parker, DO HEREBY CERTIFY that: 1. I am the Clerk to the City Council (the "City Council") of the City of Roanoke, Virginia (the "City"). 2. The following is a correct list of the names of the members of the City Council and certain officers of the City and the date of expiration of their respective terms of office: EXPIRATION OFFICER OF TERM Ralph K. Smith, Mayor William H. Carder, Vice-Mayor* William D. Bestpitch, Councilmember C. Nelson Harris, Councilmember W. Alvin Hudson, Jr., Councilmember William White, Sr., Councilmember Linda F. Wyatt, Councilmember Mary F. Parker, Clerk June 30 2004 June 30 2004 June 30 2004 June 30 2002 June 30 2002 June 30 2002 June 30 2004 September 30, 2002 *Term as Vice-Mayor ends June 30, 2002. See §4, Roanoke Charter of 1952. 3. The Mayor and each of the members of the City Council did, before entering on the performance of his or her public duties, take and subscribe the oath required by Article Il, Section 7, of the Constitution of Virginia. 4. The official Seal of the City, being the only Seal used by the City in the execution of bonds and contracts, is the Seal an impression of which is affixed opposite my signature on this certificate. 5. The resolution adopted by the City Council at its meeting of November 19, 2001 has not been repealed or amended and said resolution remains in full force and effect. WITNESS my hand and the official Seal of the City this 5th dsa~of February, 2002. Mary F. Clerk to the City Council of the City of Roanoke, Virginia [SEAL] (22)(a) City of Roanoke, Virginia Incumbency and Seal Certificate I, Mary F. Parker, DO HEREBY CERTIFY that: 1. I am the Clerk to the City Council (the "City Council") of the City of Roanoke, Virginia (the "City"). 2. The following is a correct list of the names of the members of the City Council and certain officers of the City and the date of expiration of their respective terms of office: EXPIRATION OFFICER OF TERM Ralph K. Smith, Mayor William H. Carder, Vice-Mayor* William D. Bestpitch, Councilmember C. Nelson Hams, Councilmember W. Alvin Hudson, Jr., Councilmember William White, Sr., Councilmember Linda F. Wyatt, Councilmember Mary F. Parker, Clerk June June June June June June June 30,2004 30 2004 30 2004 30 2002 30 2002 30 2002 30 2004 September 30, 2002 *Term as Vice-Mayor ends June 30, 2002. See {}4, Roanoke Charter of 1952. 3. The Mayor and each of the members of the City Council did, before entering on the performance of his or her public duties, take and subscribe the oath required by Article 11, Section 7, of the Constitution of Virginia. 4. The official Seal of the City, being the only Seal used by the City in the execution of bonds and contracts, is the Seal an impression of which is affixed opposite my signature on this certificate. 5. The resolution adopted by the City Council at its meeting of November 19,2001 has not been repealed or amended and said resolution remains in full force and effect. WITNESS my hand and the official Se~ ~is 5th day/6~iFebruary, 2002. Mary F. Parker I Clerk to the City Council of the City of Roanoke, Virginia [SEAL] (22)(a) City of Roanoke, Virginia Incumbency and Seal Certificate I, Mary F. Parker, DO HEREBY CERTIFY that: 1. I am the Clerk to the City Council (the "City Council") of the City of Roanoke, Virginia (the "City"). 2. The following is a correct list of the names of the members of the City Council and certain officers of the City and the date of expiration of their respective terms of office: EXPIRATION OFFICER OF TERM Ralph K. Smith, Mayor William H. Carder, Vice-Mayor* William D. Bestpitch, Councilmember C. Nelson Harris, Councilmember W. Alvin Hudson, Jr., Councilmember William White, Sr., Councilmember Linda F. Wyatt, Councilmember Mary F. Parker, Clerk June 30 2004 June 30 2004 June 30 2004 June 30 2002 June 30 2002 June 30 2002 June 30 2004 September 30, 2002 *Term as Vice-Mayor ends June 30, 2002. See {}4, Roanoke Charter of 1952. 3. The Mayor and each of the members of the City Council did, before entering on the performance of his or her public duties, take and subscribe the oath required by Article II, Section 7, of the Constitution of Virginia. 4. The official Seal of the City, being the only Seal used by the City in the execution of bonds and contracts, is the Seal an impression of which is affixed opposite my signature on this certificate. 5. The resolution adopted by the City Council at its meeting of November 19, 2001 has not been repealed or amended and said resolution remains in full force and effect. WITNESS my hand and the official Seal of the City this 5th ~~, 2002./'~ ~ta,~ ~, _ Mary F.xParke~ Clerk to the City Council of the City of Roanoke, Virginia [SEAt.] (22)(a) City of Roanoke, Virginia Incumbency and Seal Certificate I, Mary F. Parker, DO HEREBY CERTIFY that: 1. I am the Clerk to the City Council (the "City Council") of the City of Roanoke, Virginia (the "City"). 2. The following is a correct list of the names of the members of the City Council and certain officers of the City and the date of expiration of their respective terms of office: EXPIRATION OFFICER OF TERM Ralph K. Smith, Mayor William H. Carder, Vice-Mayor* William D. Bestpitch, Councilmember C. Nelson Harris, Councilmember W. Alvin Hudson, Jr., Councilmember William White, Sr., Councilmember Linda F. Wyatt, Councilmember Mary F. Parker, Clerk June 30 2004 June 30 2004 June 30 2004 June 30 2002 June 30 2002 June 30 2002 June 30 2004 September 30, 2002 *Term as Vice-Mayor ends June 30, 2002. See §4, Roanoke Charter of 1952. 3. The Mayor and each of the members of the City Council did, before entering on the performance of his or her public duties, take and subscribe the oath required by Article II, Section 7, of the Constitution of Virginia. 4. The official Seal of the City, being the only Seal used by the City in the execution of bonds and contracts, is the Seal an impression of which is affixed opposite my signature on this certificate. 5. The resolution adopted by the City Council at its meeting of November 19, 2001 has not been repealed or amended and said resolution remains in full force and effect. WITNESS my hand and the official Se~ CitYMaryX~.F. Parker~l'er~this 5t ~d, da~. Y~l~l~,~l,~iebruary' 2002. Clerk to the City Council of the City of Roanoke, Virginia [SEAL] (22)(a) City of Roanoke, Virginia Incumbency and Seal Certificate I, Mary F. Parker, DO HEREBY CERTIFY that: 1. I am the Clerk to the City Council (the "City Council") of the City of Roanoke, Virginia (the "City"). 2. The following is a correct list of the names of the members of the City Council and certain officers of the City and the date of expiration of their respective terms of office: EXPIRATION OFFICER OF TERM Ralph K. Smith, Mayor William H. Carder, Vice-Mayor* William D. Bestpitch, Councilmember C. Nelson Harris, Councilmember W. Alvin Hudson, Jr., Councilmember William White, Sr., Councilmember Linda F. Wyatt, Councilmember Mary F. Parker, Clerk June June June June June June 30.2004 30.2004 30.2004 30.2002 30.2002 30.2002 June 30 2004 September30,2002 *Term as Vice-Mayor ends June 30, 2002. See {}4, Roanoke Charter of 1952. 3. The Mayor and each of the members of the City Council did, before entering on the performance of his or her public duties, take and subscribe the oath required by Article II, Section 7, of the Constitution of Virginia. 4. The official Seal of the City, being the only Seal used by the City in the execution of bonds and contracts, is the Seal an impression of which is affixed opposite my signature on this certificate. 5. The resolution adopted by the City Council at its meeting of November 19, 2001 has not been repealed or amended and said resolution remains in full force and effect. Mary F. Parker~ Clerk to the City Council of the City of Roanoke, Virginia [SEAL] (22)(a) City of Roanoke, Virginia Incumbency and Seal Certificate I, Mary F. Parker, DO HEREBY CERTIFY that: 1. I am the Clerk to the City Council (the "City Council") of the City of Roanoke, Virginia (the "City"). 2. The following is a correct list of the names of the members of the City Council and certain officers of the City and the date of expiration of their respective terms of office: EXPIRATION OFFICER OF TERM Ralph K. Smith, Mayor William H. Carder, Vice-Mayor* William D. Bestpitch, Councilmember C. Nelson Harris, Councilmember W. Alvin Hudson, Jr., Councilmember William White, Sr., Councilmember Linda F. Wyatt, Councilmember Mary F. Parker, Clerk June 30 2004 June 30 2004 June 30 2004 June 30 2002 June 30 2002 June 30 2002 June 30 2004 September 30, 2002 *Term as Vice-Mayor ends June 30, 2002. See {}4, Roanoke Charter of 1952. 3. The Mayor and each of the members of the City Council did, before entering on the performance of his or her public duties, take and subscribe the oath required by Article II, Section 7, of the Constitution of Virginia. 4. The official Seal of the City, being the only Seal used by the City in the execution of bonds and contracts, is the Seal an impression of which is affixed opposite my signature on this certificate. 5. The resolution adopted by the City Council at its meeting of November 19, 2001 has not been repealed or amended and said resolution remains in full force and effect. WITNESS mY hand and the °fficial S~ ~his 5th day2~February' 2002' Mary F. Parker ~ Clerk to the City Council of the City of Roanoke, Virginia [SEALI (22)(a) City of Roanoke, Virginia Incumbency and Seal Certificate I, Mary F. Parker, DO HEREBY CERTIFY that: 1. I am the Clerk to the City Council (the "City Council") of the City of Roanoke, Virginia (the "City"). 2. The following is a correct list of the names of the members of the City Council and certain officers of the City and the date of expiration of their respective terms of office: EXPIRATION OFFICER OF TERM Ralph K. Smith, Mayor William H. Carder, Vice-Mayor* William D. Bestpitch, Councilmember C. Nelson Harris, Councilmember W. Alvin Hudson, Jr., Councilmember William White, Sr., Councilmember Linda F. Wyatt, Councilmember Mary F. Parker, Clerk June 30 2004 June 30 2004 June 30 2004 June 30 2002 June 30 2002 June 30 2002 June 30 2004 September30, 2002 *Term as Vice-Mayor ends June 30, 2002. See {}4, Roanoke Charter of 1952. 3. The Mayor and each of the members of the City Council did, before entering on the performance of his or her public duties, take and subscribe the oath required by Article II, Section 7, of the Constitution of Virginia. 4. The official Seal of the City, being the only Seal used by the City in the execution of bonds and contracts, is the Seal an impression of which is affixed opposite my signature on this certificate. 5. The resolution adopted by the City Council at its meeting of November 19, 2001 has not been repealed or amended and said resolution remains in full force and effect. WITNESS my hand and the official Seal of the City this 5th da~February, 2002. Mary F. ]~arker v Clerk to the City Council of the City of Roanoke, Virginia [SEAL] (22)(a) City of Roanoke, Virginia Incumbency and Seal Certificate I, Mary F. Parker, DO HEREBY CERTIFY that: 1. I am the Clerk to the City Council (the "City Council") of the City of Roanoke, Virginia (the "City"). 2. The following is a correct list of the names of the members of the City Council and certain officers of the City and the date of expiration of their respective terms of office: EXPIRATION OFFICER OF TERM Ralph K. Smith, Mayor William H. Carder, Vice-Mayor* William D. Bestpitch, Councilmember C. Nelson Harris, Councilmember W. Alvin Hudson, Jr., Councilmember William White, Sr., Councilmember Linda F. Wyatt, Councilmember Mary F. Parker, Clerk June 30 2004 June 30 2004 June 30 2004 June 30. 2002 June 30. 2002 June 30. 2002 June 30. 2004 September 30, 2002 *Term as Vice-Mayor ends June 30, 2002. See §4, Roanoke Charter of 1952. 3. The Mayor and each of the members of the City Council did, before entering on the performance of his or her public duties, take and subscribe the oath required by Article II, Section 7, of the Constitution of Virginia. 4. The official Seal of the City, being the only Seal used by the City in the execution of bonds and contracts, is the Seal an impression of which is affixed opposite my signature on this certificate. 5. The resolution adopted by the City Council at its meeting of November 19,2001 has not been repealed or amended and said resolution remains in full force and effect. WITNESS my hand and the official S~the~this~ d~ F~ary, 2002. Mary F. Parke~ Clerk to the City Council of the City of Roanoke, Virginia [SEIki MARY F. PARKER. CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 2401 I-I 536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us November 20, 2001 File #53-207-221-467 STEPHANIE M. MOON Deputy City Clerk Harwell M. Darby, Jr., Attorney P. O. Bbx 2887 Roanoke, Virginia 24001 Dear Mr. Darby: I am enclosing copy of Resolution No. 35642-111901 approving issuance of a revenue note by the Industrial Development Authority of the City of Salem (the "Issuer"), under the Industrial Development and Revenue Bond Act, as amended (the "Act"), requested by the Roanoke Catholic School (the "School") and the Catholic Diocese of Richmond (the "Diocese") to refinance certain indebtedness incurred by the School in connection with the construction, equipping, and furnishing of a multipurpose building (the "Project") at the School's facilities located in the City of Roanoke, Virginia, and to pay other costs of the Project, pursuant to Section 147(f) of the Internal Revenue Code of 1986 and Section 15.2-4906 of the Code of Virginia (1950), as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Catherine Moser and Robert Dean Poe, Esquire, Hunton and Williams, 957 East Bird Street, Richmond, Virginia 23219 Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Barry L. Key, Director, Management and Budget N:\CKMHl~Agenda.01LNovember 19, 2001 corresp.wpd IN THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2001. No. 35642-111901. A RESOLUTION approving the issuance of a revenue note by the Industrial Development Authority of the City of Salem (the "Issuer"), under the Industrial Development and Revenue Bond Act, as amended (the "Act"), requested by the Roanoke Catholic School (the "School") and the Catholic Diocese of Richmond (the "Diocese") to refinance certain indebtedness incurred by the School in connection with the construction, equipping, and furnishing of a multipurpose building (the "Project") at the School's facilities located in the City of Roanoke, Virginia, and to pay other costs of the Project, pursuant to Section 147(0 of the Internal Revenue Code Of 1986 and Section 15.2-4906 of the Code of Virginia (1950), as amended. WHEREAS, the Roanoke Catholic School (the "School") and the Catholic Diocese of Richmond (the "Diocese") have requested The Industrial Development Authority of the City of Salem, Virginia (the "Issuer"), to issue its revenue note (the "Note") under the Industrial Development and Revenue Bond Act, as amended (the "Act"), to refinance certain indebtedness incurred by the School in connection with the construction, equipping and furnishing' of a multipurpose building (the "Project") at the School's facilities located in the City of Roanoke, Virginia, and to pay other costs of the Project; and WHEREAS, the School and the Diocese have requested the City Council (the "Council") of the City of Roanoke, Virginia (the "City"), to approve the issuance of the Note to comply with Section 15.2-4905 of the Virginia Industrial Development and Revenue Bond Act, as amended (the "Act"); and WHEREAS, a copy of the Issuer's resolution of October 8, 2001, approving the issuance of the Note has been filed with the Council; and WHEREAS, the Issuer issues its bonds on behalfo fthe City of Salem, Virginia, and the City Council of the City of Salem, Virginia, has adopted a resolution approving the issuance of the Note by the Issuer for the benefit of the School and the Diocese; and WHEREAS, Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code"), requires in this case that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of the Note is located approve the issuance of such note; and H:~MEA SURE~r-idanoteroanokecatholicschooi. 1 WHEREAS, the Industrial Development Authority of the City of Roanoke;Virginia (the "Roanoke Authority"), on November 14, 2001, held a public hearing on the issuance of the Note; and WHEREAS, the Roanoke Authority has recommended that the Council approve the issuance of the Note to comply with Section 147(0 of the Code; and WHEREAS, a copy of the Roanoke Authority's resolution of November 14, 2001, recommending the issuance of the Note, a record of the public hearing and a fiscal impact statement with respect to the issuance of the Note have been filed with the Council; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, as follows: 1. The Council hereby approves the issuance of the Note by the Issuer to the extent required by Section 147(0 of the Code and Section 15.2-4906 of the Virginia Code, and cqncurs with the resolution adopted by the Issuer on October 8, 2001, to the extent required by Section 15.2- 4905 of the Act. 2. The approval of the issuance of the Note does not constitute an endorsement of the Note or the creditworthiness of the School or the Diocese. As required by Section 15.2-4909 of the Act, the Note shall provide that neither the City nor the Roanoke Authority shall be obligated to pay the Note or the interest thereon or other costs incident thereto except fi.om the revenues and moneys pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia, the City or the Roanoke Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. ATTEST: City Clerk. H:~d?.ASURES~-idanot~toanokecatholicschool. 1 CERTIFICATE The undersigned Clerk of the City Council of the City of Roanoke, Virginia (the "Council"), hereby certifies ~s follows: 1. A regular meeting of the Council was held on November 19, 2001, at which meeting the following duly elected members were present or absent: PRESENT: Council Members William D. Bestpitch, William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt and Mayor Ralph K. Smith. ABSENT: Non~. Attached hereto is a true, correct and complete copy of a resolution adopted by a majority of the members of the Council present and voting at such. 2. The resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect on this date and constitutes the only resolution adopted by the Council relating to the issuance by The Industrial Development Authority of the City of Salem, Vir~nia, of its revenue note for the benefit of Roanoke Catholic School and the Catholic Diocese of Richmond. WITNESS the following signature this 20 day of November ,2001. [SEAI.] Clerk, City Council of the City of Roanoke, Virginia H:~F. ASURF~-idam~n~ano~olie~l~mi. 1 GLENN FI LDMANN GOODLATTE 210 1st Street S.W Suite 200 Post Office Box 2887 Roanoke. Virginia 24001 540.224.8000 Fax 540.224.8050 gfdg@gfdg.com HAND DELIVERED RECEIVED CITY CLER)'(S OFFICE '01 NOV14 HARWELL M. DARBY, JR. _Ii~rj~:t Dial (540) 224-8006 40 e-~il haarby~gfdg.com November 14, 2001 Mary F. Parker City Clerk, City of Roanoke, Virginia 456 Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Industrial Development Authority of the City of Roanoke, Virginia Request for TEFRA approvals by the City Council Dear Mary: The Industrial Development Authority of the City of Roanoke, Virginia is asking the City Council on November 19, 2001 to approve two proposed bond issues. The first would be for the Catholic Diocese of Richmond for bonds to be issued by the City of Salem Industrial Development Authority in an amount not to exceed $5,000,000. Enclosed are (1) the Certificate of Public Hearing with exhibits and (2) a certified copy of the Salem IDA's resolution. The City of Salem IDA is financing the project as an accommodation to the City of Roanoke and the Catholic Diocese of Richmond, in order to lend its "bank qualified" allocation to the transaction (the City of Roanoke having used its "bank qualified" allocation earlier in this calendar year). The Federal Tax Code requires, however, that the City of Roanoke IDA hold a public hearing (which was done November 14) and that a Report of Public Hearing be made to the City Council and that City Council approve the transaction in the form of resolution enclosed. The second bond issue is a not to exceed $100,000,000 transaction for Carilion Medical Center for bonds which would be allocated to hospital facilities at Carilion Roanoke Memorial Hospital as well as Carilion Roanoke G~rENN FE~LDMANN DARBY '~ GOODLATTE Mary F. Parker November 14, 2001 Page 2 Community Hospital and Carilion Giles Memorial Hospital, Bedford Memorial Hospital, and Carilion Franklin Memorial Hospital and will include certain refinancings for outstanding bonds on those hospital facilities. Enclosed is the Certificate of Public Hearing. The City Council resolutions for both transactions are being supplied by Mrs. Fulford in the City Attorney's office. Very truly yours, Harwell M. Darby, Jr. HMDJR:lww:0042104, 0042106 CERTIFICATE OF PUBLIC HEARING The undersigned Secretary of the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), hereby certifies as follows: 1. A meeting of the Authority was duly called and held on November 14, 2001, at 8:00 o'clock a.m., in the Meeting Room of the City of Roanoke Department of Economic Development, 111 Franklin Plaza, Suite 200, Roanoke, Virginia. The meeting was open to the public and persons of differing views were given an opportunity to be heard. At such meeting all of the Directors of the Authority were present or absent as follows: PRESENT: Deborah Oyler ABSENT: Lynn D. Avis, Margaret R. Baker, Dennis R. Cronk, and S. William L. Bova and William L. Bova 2. The Chairman announced the commencement of a public hearing regarding a proposed financing by The Industrial Development Authority of the City of Salem, Virginia, for the benefit of Roanoke Catholic School and the Catholic Diocese of Richmond, and that a notice of the hearing was published once a week for two consecutive weeks, the first publication being not more than 28 days nor less than 14 days prior to the hearing in a newspaper having general circulation in the City of Roanoke, Virginia (the "Notice"). A copy of the Notice and a certificate of publication of such Notice have been filed with records of the Authority and are attached hereto as Exhibit A. 3. The individuals identified in Exhibit B appeared and addressed the Authority and a reasonably detailed summary of the statements made at the public hearing is included in Exhibit B. The fiscal impact statement required by the Industrial Development and Revenue Bond Act is attached hereto as Exhibit C. 4. Attached hereto as Exhibit D is a true, correct and complete copy of a resolution (the "Resolution") adopted at such meeting of the Authority by the unanimous vote of the Directors present and voting at such meeting, with the vote being recorded in the minutes of such meeting as follows: Director Vote Lynn D. Avis Yes Margaret R. Baker Yes Dennis R. Cronk Yes S. Deborah Oyler Yes The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. of WITNESS my hand and seal the Authority this /',~2 day of November, 2001. S. ecr_e!~rial 'Develo~n~'Authority of the Citydt'Roano-'ke, Virginia / (SEAL) Exhibits A through D to be attached: A - Copy of Notice, Certified by Newspaper B - Summary of Statements C - Fiscal Impact Statement D - Resolution EXHIBIT A COPY OF NOTICE, CERTIFIED BY NEWSPAPER The ~~xmes RoanOke, Virginia Affldavi~t of Publication The Roanoke Times HUNTON & WILLIAMS 921 E BYRD ST RICHMOND VA 23219 REFERENCE: 80036560 01784762 Bond Financing State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation ie publisher of the Roanoke Times. a daily newspaper published in Roanoke, in the State cf Virginia, do certi£y that the annexed'notice was - published in said newspapers on the following Cicy/C~unty of Roanoke, Commonwealth/Sta=e of Virginia. Sworn and subscrlbe~ before me this &~ day of Nov~er~l.~~,~itness my hand and o~ s e a ~_~--~6&~ ........... Notary Public My commission expires % %'.. .,/ FILED ON: 11/06/01 0 11/06 SUMMARY OF STATEMENTS MADE AT PUBLIC HEARING CONDUCTED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA ON NOVEMBER 14, 2001, WITH RESPECT TO FINANCING BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF SALEM, VIRGINIA, FOR ROANOKE CATHOLIC SCHOOL AND THE CATHOLIC DIOCESE OF RICHMOND None. EXHIBIT C FISCAL IMPACT STATEMENT November 14, 2001 Date Roanoke Catholic School, Catholic Diocese of Richmond Applicant Roanoke Catholic School Facility Maximum amount of financing sought Estimated taxable value of the facility's real property to be constructed in the locality N/A Estimated real property tax per year using present tax rates N/A Estimated personal property tax per year using present tax rates N/A Estimated merchants' capital tax per year using present tax rates N/A a. Estimated dollar value per year of goods that will be $111,008.00 purchased from Virginia companies within the locality b. Estimated dollar value per year of goods that will be $ 70,361.00 purchased from non-Virginia companies within the locality c. Estimated dollar value per year of services that will be $ 89,972.00 purchased from Virginia companies within the locality d. Estimated dollar value per year of services that will be $160,336.38 purchased from non-Virginia companies within the locality 7. Estimated number of regular employe~9~ear round basis 74 8. Average. annual sala~~~ · $24,200.00 Authority Chairman Industrial Development Authority of the City of Roanoke. Virginia ~ Financing is sought through The Industrial Development Authority of the City of Salem, Virginia, for a facility located in the City of Roanoke, Virginia. EXHIBIT D RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA (Roanoke Catholic School) WHEREAS, the Roanoke Catholic School (the "School") and the Catholic Diocese of Richmond have requested The Industrial Development Authority of the City of Salem, Virginia, to issue its revenue note (thc "Note") under thc Industrial Development and Revenue Bond Act, as amended (the "Act"), to refinance certain indebtedness incurred by the School in connection with the construction, equipping and furnishing of a multipurpose building (the "Project") at the School's facilities located in the City of Roanoke, Virginia, and to pay other costs of the Project; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), requires in this case that the governmental unit having jurisdiction over thc area in which any facility financed with the proceeds of the Note is located approve thc issuance of such note following a public hearing on the matter; and WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (thc "Authority"), has held a public hearing as required by Section 147(0 of the Code and Section 15.2-4906 of thc Act, and has afforded an opportunity to all persons desiring to be heard on the question of the proposed issuance of the Note; NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA: 1. Thc Authority hereby recommends that the City Council of the City of Roanoke, Virginia, approve the issuance of thc Note. 2. The officers of the Authority are hereby authorized and directed to execute, deliver and file all documents, certificates and instruments on behalf of the Authority and to take all such further action as may be necessary or desirable in connection with the issuance and sale of the Note. 3. All other acts of the officers of the Authority that are in conformity with the purposes and intent of this resolution and in furtherance of the issuance of the Note are hereby authorized, ratified and approved. 4. This resolution shall take effect immediately upon its adoption. -2- CERTIFICATE OF PUBLIC HEARING The undersigned Secretary of the Industrial Development Authority of the City of Salem, Virginia (the "Authority"), hereby certifies as follows: 1. A meeting of the Authority was duly called and held on October 8, 2001, at 4:00 o'clock p.m., in the City Council Chambers, Salem City Hall, 114 North Broad Street, Salem, Virginia. The meeting was open to the public and persons of differing views were given an opportunity to be heard. At such meeting all of the Directors of the Authority were present or absent as follows: PRESENT: Morris A. Elam C. Wayne Adkins John M. Mann Bruce Porter ABSENT: William S. Board Judith F. Hagadorn Joseph C. Thomas, Jr. 2. The Chairman announced the commencement of a public hearing regarding a proposed financing for Roanoke Catholic School and the Catholic Diocese of Richmond and that a notice of the hearing was published once a week for two consecutive weeks, the first publication being not more than 28 days nor less than 14 days prior to the hearing in a newspaper having general circulation in the City of Salem, Virginia (the "Notice"). A copy of the Notice and a certificate of publication of such Notice have been filed with the records of the Authority and are attached hereto as Exhibit (i). 3. The individuals identified in Exhibit (ii) appeared and addressed the Authority and a reasonably detailed summary of the statements made at the public hearing is included in Exhibit (ii). The fiscal impact statement required by the Industrial Development and Revenue Bond Act is attached hereto as Exhibit (iii). 4. Attached hereto as Exhibit (iv) is a true, correct and complete copy of a resolution (the "Resolution") adopted at such meeting of the Authority by the unanimous vote of the Directors present and voting at such meeting, with the vote being recorded in the minutes of such meeting as follows: Director Vote Morris A. Elam C. Wayne Adkins John M. Mann Bruce Porter Yes Yes Yes Yes The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my hand and seal of the Authority this /~/~ day of October, 2001. Secretary/, - Industrial g Development Authorit~ of the City of Salem, Virginia (SEAL) 0ct-03-2001 Og:56am ;rom-HUNTON AND ~ILLIAM$ + T-520 P.004/024 F-465 RESOLUTION OFTHE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF SALEM, VIRGINIA WHEREAS, the Roanoke Catholic School (the "School,,) and the Catholic Diocese of Richmond (the "Diocese") have requested The Industrial Development Authority of the City of Salem, Virginia (the "Authority,,), to issue its revenue note under the Industrial Development and Revenue Bond Act, as amended (the "Act,,), to refinance certain indebtedness incurred by the School in connection with the construction, e.quipping and furnishing of a multipurpose building (the "Project") at the School,s facilities located in the City of Roanoke, Virginia, and to pay other co,ts of the Project; and WHEREAS, the School in i~s appearance before the Authority has described the benefits of the Project; and WHEREAS, the es=imaged cost of financing the Project and the expenses of issue will require the issue of a revenue note (the "Note") in an aggregate principal amount not to exceed $5,000,000; and WHEREAS, the Authority has held a public hearing as required by Sec=ion 147(f) of ~he Internal Revenue Code of 1986, as amended (the "code"), and Section 15.2-4906 of the Act; and WHEREAS, the Corporation has requested that the Authority designate the Note as a "qualified tax-exempt obligation" under Secnion 265 of the Code. NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF SALEM, VIRGINIA: 0¢~-03-2001 Og:57am From-HUNTON AND WILLIAMS + T-520 P.005/024 F-463 1. It is hereby found and determined that financin9 the acquisition, construction and equipping of the Project will be in the public interest of the City of Salem and its environs and is consistent with the purposes of the Act, and will benefit Commonwealth of Virginia and its inhabitants by providing for the construction of educational faciliuies. 2. The Authority hereby agrees to assist the School and the Diocese in financing the construction and equipping of the Project by issuing the Note in an amou/%t not to exceed $5,000,000 and lending the proceeds thereof to the School and the Diocese, upon terms and conditions mutually agreeable to the AuthoriTy, the School and the Diocese and subject =o the req"airements of the Act. 3. AU the request of the Corporation, the Authority hereby approves Hunton & Williams as bond counsel to supervise the proceedings and approve the legality of the issuance of the Note. The Authority hereby consents to ~un~on & williams' representation of SunTrust Bank, as the purchaser of the Note. 4. All costs and expenses in connection with the issuance of the Note and the financing of the Project, including the fees and expenses of bond counsel and the School's and the Diocese's counsel, shall be paid from the proceeds of the Note to the extent allowed by law. If for any reason the Note is not issued or if ~he proceeds thereof cannot be used to pay all such expenses, it is understood that all such costs and expenses shall -2- 0c~-0;-2001 Og:5?am From-HUNTON AND WILLIAMS T-520 P.OO6/OZ4 F-463 be paid by the School and the Diocese and that the Authority shall not have responsibility therefor. 5. The School and the Diocese hereby agree to indemnify and save harmless the Authority, its officers, directors, employees and agents from and against all liabilities, obligations, claims, damages, penalties, fines, losses, costs and expenses in any way connected with the School, the Project or the issuance of the 6. In adopting this resolution the Authority intends to evidence its "official intent', within the meaning of Treasury Regulations 1.150-2 promulgated under :he Code that expenditures with respec= to ~he Projec~ made prior to :he issuance of the Note be reimbursed with proceeds of the Note. 7. The Authority has not previously issued any bonds or notes this calendar year. The Authority represents that i= does not anticipate issuing this calendar year any bonds or notes, other than bonds that are "private activity bonds,, under Section 141 of the Code :hat are not "qualified 501(c) (3) bonds" under Section 14S of the Code, that, when aggregated with the Note, will be in excess of $10,000,000. 8. The Authority hereby recommends that the Salem City Council approve the issuance of the Note to the extent required by Section 147(f) of the Code and Section 15.2-4906 of ~he Act and requests that :he Salem City Council designate the Note as a "qualified tax-exempt obligation" under Section 265 of the Code. -3- CERTIFICATE OF PUBLIC HEARING The undersigned Secretary of the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), hereby certifies as follows: 1. A meeting of the Authority was duly called and held on November 14, 2001, at 8:00 o'clock a.m., in the Meeting Room of the City of Roanoke Department of Economic Development, 111 Franklin Plaza, Suite 200, Roanoke, Virginia. The meeting was open to the public and persons of differing views were given an opportunity to be heard. At such meeting all of the Directors of the Authority were present or absent as follows: PRESENT: Deborah Oyler ABSENT: Lynn D. Avis, Margaret R. Baker, Dennis R. Cronk, and S. William L. Bova and Stark Jones 2. The Chairman announced the commencement of a public hearing regarding a proposed financing by the Authority for the benefit of Carilion Health System, and that a notice of the hearing was published once a week for two consecutive weeks, the first publication being not more than 28 days nor less than 14 days prior to the hearing in a newspaper having general circulation in the City of Roanoke, Virginia (the "Notice"). A copy of the Notice and a certificate of publication of such Notice have been filed with records of the Authority and are attached hereto as Exhibit A. 3. The individuals identified in Exhibit B appeared and addressed the Authority and a reasonably detailed summary of the statements made at the public hearing is included in Exhibit B. The fiscal impact statements required by the Industrial Development and Revenue Bond Act are attached hereto as Exhibit C. 4. Attached hereto as Exhibit D is a true, correct and complete copy of a resolution (the "Resolution") adopted at such meeting of the Authority by the unanimous vote of the Directors present and voting at such meeting, with the vote being recorded in the minutes of such meeting as follows: Director Vote Lynn D. Avis Yes Margaret R. Baker Yes Dennis R. Cronk Yes S. Deborah Oyler Yes The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my hand and seal of the Authority this/¢ day oXf November, 2001. the City ~ Virginia J (SEAL) Exhibits A through D to be attached: A - Copy of Notice, Certified by Newspaper B - Summary of Statements C - Fiscal Impact Statements D - Resolution -2- COPY OF NOTICE, CERTIFIED BY NEWSPAPER EXIIIBIT A The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times GLENN-FELDMANN-DARBY PO BOX 2887 ATTN: CARILLON MED. ROANOKE VA 24001 REFERENCE: 80078049 01787008 Car)lion State of Virginia City of Roanoke I, {the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this /~Y/9 day of Noven~eZ ~00~ ~W~t~ess my hand and official seal.~ /~/.. r My commission expires ...... PUBLISHED ON: 10/31 11/07 TOTAL CCST: 890.34 FILED ON: 11/12/01 Authorlzed Signature: Billin¢ NOTICE OF PUBLIC HEARING BY THI= 'INDUSTRIAL DEVELOPJ .ln~l-u~ O'.new entrance and MENT'AUTHORITY OF THE C TY :10b'l~y~ F ' D ty n cs and 0 ROANOKE, VIRGINIA ed · 'REGARDING TH=: mu*~,~ ....... mln!st~tlve, o~lces; and/or ,'...,IL'; ..... h, ,-~,.~,.u ur /HE PROCEEDS~,OF THE"ISSU- I h~Btl0n With the Carillon Fran .,?._.~.,.. : ,.~! :,' ,,.o.u,.osp~ta (the "Car- , N,QT}CE IS HEREBY GIVE~ iD all interested per~ons that the Ind9stdal Development Author- Ity'df [ne City of Roanoke Vir- ginia (the "Authority') will 'hold a public, hearing in the meeting room of the City of.Roanoke Department o¢ Econ3m~c O~v&Jopment. 111 Franklin Pla- za,. Suite 200, Roanoke. Vir- glma~pn November 14, 2001 at 8:00 a.m., at which time any person may be heard regarding the health care lac)l/ties pro- posed to be financed by the Authodfy with proceeds from ~hah issuance of tax-exempt pones, The ,Autl~)rlty has been requested to issue ~ne or more series of Rs revenue bonds {the "Bonds") in an a~gi;egate pnn- c~pal amount not to exceed '10Q,000.O00 for the purpose of (I}, (a) financing for Coif)on ~ediBal Center ("CMC") In the approximate ameu.t of '85.500.000 a portion of the costs of (I) (A) renovating.and/ or ~xpanding certain portions . oF Cedi)on Roanokb Memorial Hosodal. an approximately 1.0,50,000 sqbare foot heaRh care n'acitity and/or (B acqulr* mg ~certa n capital equipment for Use In or in connection with Carillon Roaaoke Memorial Hospital (the "Caeliop Roanoke Mb~0rial Hospital Project"), (Ii} paying costs of equipping and Upfitting an imaging facility to be housed in a new medical adjacent to Caflliot~ Roanoke Memsrm[ Hospital (the "CRMH Imaging Project") and (iii) {A) certain sprtions of Car)lion 'R0ahoke Commun ty Hospital, ~V~,~e foot hea th care facg ntty' Hospital Project"), (b} in :gpnnection with Cariiion tel Project"), (c) fiAancing CDr Project"), and (d) financing for health care faclHty, (ii) con- the Indebtedness Incurred by CMC, CGMH,~BMH.and'~FMH n con- nectl,~ wi;th the f~analng of portion of the cost ;Df acqutMng, constrUe=ting? re~6~/et ng and equipping tt~ Pr~J~ict; (111) pay lng a ';portion' of thff Interest acsrulng on the ;Bohd~ during the acqulalgori, constru~rion. renovaBoit 'and equipping of the Project;.(IV) funding a,debt service reserve fund for the Bonds in the event the Author. ity detenmtneA at the time the Bonds are to be.sold that a debt service reserve fund s warraht~d, and (V} paying:cer- tain expenses )nclJr~'in ~on- neet)on with the Issuance of the Bonds, InCluding'* credit enhancement fees with respect to the Bonds; If any. - CMC owns and operates CarP- ion Roanoke Memorial Hospital and the location of the Cadltan Roanoke Memorial Hospita Projec{ is Jefferson Si:raPt and Bellevlew Avenue~ S:E., Roanoke, Virginia. CMC will own the CRMH Im;ging'Project and the location of the CRMH Imaging Project Is 2OO1 Crysta Spring Avenue, .Roanoke, .gin/a; CMC also owns and oder- ,~ates Carlbon Roanoke.Commu_ Of'the Cedl~bn. Roanoke, com. munlty Hospl~! Pr~Jec~ Is 101 Elm Aventde. S.E., ' Roanoke, Virginia; BMH owns and oder- ares Bedford Memorial Hospital and the location of the Bedford Memorial Hospital Pro, act s ~,1613 Oakwood Street Bed- ford, Virg n a; CGMH owns and operates Cedi)dp Giles' Memo- rial Hospital and the lecatio~ of the Car)lion 'Giles. Memorial Hospital Project is'1 Tayf0i' Ave- nue, PeaHsburg; Virginia; and CFMH owns and operates Caril- lon Franklin Memorial Hospital and the location of the Carillon Franklin Memorial Hasp)tel Project is :J-24 Floyd Avenue, Rocky 'Mount Frankflh County Any persons Wishing to corn* mer{t In writing 0~ ~e iss0ance of the Bonds should do ~o on or before November 14,~2001 at 8:00 a.m.. tb Margaret R. Baker, Secretary Treasurer Industrial Development Author- Ity of the City of Roanoke, Vir- ginia, at Mrs Baker's office aedress wllicl~ Is 2~.2 South Jefferson Street, Roanoke, V~r- Industrial Development AUthority Of the City of Roanoke. Virginia By: Lynn D. Av~s Chairman {1787008) entative SUMMARY OF STATEMENTS MADE AT PUBLIC HEARING CONDUCTED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA ON NOVEMBER 14, 2001, WITH RESPECT TO FINANCING BY THE AUTHORITY FOR CARILION HEALTH SYSTEM None. EXHIBIT C FISCAL IMPACT STATEMENT Carilion Medical Center Applicant Carilion Roanoke Memorial Hospital Carilion Roanoke Community Hospital Facility I. Maximum amount of financing sought ~ 2. Estimated taxable value of the facility's real property to be constructed in the locality November 14, 2001 Date o o o $ 85,5O0,000 N/A Estimated real property tax per year using present tax rates N/A Estimated personal property tax per year using present tax rates N/A Estimated merchants' capital tax per year using present tax rates N/A a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality b. Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality Estimated number of regular employees on year round basis (FTEs) salary per employee ynn Di Avis, Chairman $ 52,900,000 $ 55,000,O00 $ 95,400,000 $ 31,800,000 4,137 $ 38,495 Industrial Development of Authority of the City of Roanoke, Virginia Name of Authority EXHIBIT C o o o o FISCAL IMPACT STATEMENT November 14, 2001 Date C0x/lion Medical Center Applicant Cadlion Bedford Memorial Hospital Facility Maximum mount of financing sought $ 5,500,OO0 Estimated taxable value of the facility's real property to be constructed in the locality N/A Estimated real property tax per year using present tax rates N/A Estimated personal property tax per year using present tax rates N/A Estimated merchants' capital tax per year using present tax rates N/A a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality b. Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality Estimated number of regular employees on year round basis (FTEs) Average annual salary per e~~/~ '~ynn 1~. Avis, Chairm-- ' ~ an $1,200,000 267 $ 32,O49 $ 2,100,000 $ 2,200,000 $ 3,500,0OO Industrial Development of Authority of the City of Roanoke, Vir,m,'nia Name of Authority EXHIBIT C FISCAL IMPACT STATEMENT o o November 14, 2001 Date Carilion Medical Center Applicant Carilion Franklin Memorial Hospital Facility Maximum amount of financing sought Estimated taxable value of the facility's real property to be constructed in the locality Estimated real property tax per year using present tax rates Estimated personal property tax per year using present tax rates Estimated merchants' capital tax per year using present tax rates a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality b. Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality d. Estimated dollar value per year of services that will be purchased from non-Virg/nia companies within the locality Estimated number of regular emploYees on year round basis (FTEs) Average annual Salary per e~~, .~ · ¥i. T- nnD. Avis, Chairman Industrial Development of Authority of the City of Roanoke, Virginia Name of Authority $ 6,000,000 N/A N/A N/A N/A $1,600,000 $1,700,000 $ 4,300,000 $1,400,000 217 $ 35,243 EXHIBIT C FISCAL IMPACT STATEMENT Carilion Medical Center Applicant Carilion Giles Memorial Hospital Facility 1. Maximum mount of financing sought l 2. Estimated taxable value of the facility's real property to be constructed in the locality o November 14, 2001 Date o $ 3,000,000 N/A Estimated real property tax per year using present tax · rates N/A Estimated personal property tax per year using present tax rates N/A Estimated merchants' capital tax per year using present tax rates N/A a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality b. Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality d. Estimated dollar value per year of services that will be purchased fi.om non-Virginia companies within the locality $1,300,000 $1,400,000 $ 2,6OO,OOO $ 800,000 Estimated number of regular employees on year round basis (FTE s) r~~~ Average annual salary pe ~ s/Lynn D. Avis m ~/}nn D. Avis, Chairman 214 $ 34,937 Industrial Development of Authority of the City of Roanoke, Vir,m.'nia Name of Authority RESOLUTION EXHIBIT D RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA AUTHORIZING, AMONG OTHER THINGS, THE ISSUANCE OF NOT TO EXCEED $100,000,000 AGGREGATE PRINCIPAL AMOUNT OF HOSPITAL REVENUE BONDS (CARILION HEALTH SYSTEM OBLIGATED GROUP) SERIES 2002A WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority") is a political subdivision of the COmmonwealth of Virginia and is authorized under Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the "Act"), to make and execute financing agreements, contracts, deeds and other instruments necessary or convenient for the purpose of facilitating the financing or refinancing of certain projects required or useful for health care purposes, including furnishings, machinery, equipment, land, rights in land and other appurtenances and facilities related thereto, to the end that the Authority may be able to promote the improvement of the health and living conditions of the people of the Commonwealth of Virginia, increase opportunities for gainful employment, improve health care and otherwise aid in improving the prosperity and welfare of Virginia and its inhabitants, and to provide such financing through the issuance of revenue bonds; and WHEREAS, Carilion Medical Center ("CMC") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates health care facilities located in the City of Roanoke,: Virginia; and WHEREAS, Carilion Giles Memorial Hospital ("CGMH") is a private nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the Town of Pearisburg, Giles County, Virginia; and WHEREAS, Bedford Memorial Hospital ("BMH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the City of Bedford, Virginia; and WHEREAS, Carilion Franklin Memorial Hospital ("CFMH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the Town of Rocky Mount, Franklin County, Virginia; and WHEREAS, the Authority desires to issue a series of its revenue bonds for the following purposes: (I) (a) financing for CMC in the approximate amount of $85,500,000 a portion of the costs of (i) (A) renovating and/or expanding certain portions of Carillon Roanoke Memorial Hospital, an approximately 1,050,000 square foot health care facility and/or (B) acquiring certain capital equipment for use in or in connection with Car/lion Roanoke Memorial Hospital (the "Carilion Roanoke Memorial Hospital Project"), (ii) paying costs of equipping and upfitting an NYI 5075945vl imaging facility to be housed in a new medical office building to be located adjacent to Cahlion Roanoke Memorial Hospital (the "CRMH Imaging Project") and (iii) (A) renovating and/or expanding certain portions of Carilion Roanoke Community Hospital, an approximately 413,000 square foot health care facility, and/or (B) acquiring certain capital equipment for use in or in connection with Cafilion Roanoke Community Hospital (the "Carilion Roanoke Community Hospital Project"), (b) financing for CGMH in the approximate amount of $3,000,000 a portion of the costs of (i) renovating and/or expanding certain portions of Carilion Giles Memorial Hospital, an approximately 76,000 square foot health care facility, and/or (ii) acquiring certain capital equipment for use in or in connection with Cahlion Giles Memorial Hospital (the "Carilion Giles Memorial Hospital Project"), (c) financing for BMH in the approximate amount of $5,500,000 a portion of the costs of (i) renovating and/or expanding certain portions of the Bedford Memorial Hospital, an approximately 118,000 square foot health care facility, and/or (ii) acquiring certain capital equipment for use in or in connection with Bedford Memorial Hospital (the "Bedford Memorial Hospital Project"), and (d) financing for CFMH in the approximate amount of $6,000,000 a portion of the costs of (i) renovating and/or expanding certain portions of Carilion Franklin Memorial Hospital, an approximately 61,000 square foot health care facility, (ii) constructing a three-story, approximately 40,000 square foot addition to CFMH, which is to include a new entrance and lobby, specialty clinics and administrative offices, and/or (iii) acquiring certain capital equipment for use in or in connection with the Carilion Franklin Memorial Hospital (the "Carilion Franklin Memorial Hospital Project") (the Carilion Roanoke Memorial Hospital Project, the CRMH Imaging Project, the Carilion Roanoke Community Hospital Project, the Carilion Giles Memorial Hospital Project, the Bedford Memorial Hospital Project and the Carilion Franklin Memorial Hospital Project are hereinafter collectively referred to as the "Project"); (II) refinancing certain outstanding interim indebtedness incurred by CMC, CGMH, BMH and CFMH in connection with the financing of a portion of the cost of acquiring, constructing, renovating and equipping the Project; (III) paying a portion of the interest accruing on said revenue bonds during the acquisition, construction, renovation and equipping of the Project; (IV)funding a debt service reserve fund for said revenue bonds in the event the Authority determines at the time said revenue bonds are to be sold that a debt service reserve fund is warranted, and (V) paying certain expenses incurred in connection with the issuance of said revenue bonds, including credit enhancement fees with respect to said revenue bonds, if any; and WHEREAS, CMC owns and operates Carilion Roanoke Memorial Hospital and the location of the Carilion Roanoke Memorial Hospital Project is Jefferson Street and Belleview Avenue, S.E., Roanoke, Virginia; CMC will own the CRMH Imaging Project and the location of the CRMH Imaging Project is 2001 Crystal Spring Avenue, Roanoke, Virginia; CMC also owns and operates Carilion Roanoke Community Hospital and the location of the Carilion Roanoke Community Hospital Project is 101 Elm Avenue, S.E., Roanoke, Virginia; BMH owns and operates Bedford Memorial Hospital and the location of the Bedford Memorial Hospital Project is 1613 Oakwood Street, Bedford, Virginia; CGMH owns and operates Carilion Giles Memorial Hospital and the location of the Carilion Giles Memorial Hospital Project is 1 Taylor Avenue, Pearisburg, Virginia; and CFMH owns and operates Carilion Franklin Memorial Hospital and the location of the Carilion Franklin Memorial Hospital Project is 124 Floyd Avenue, Rocky Mount, Franklin County, Virginia; and 2 N~'I 5075945vl WHEREAS, the City Council of the City of Bedford, Virginia (the "Bedford Council") must first approve the issuance of said revenue bonds by the Authority before BMH can participate in the financing; and WHEREAS, the Board of Supervisors of Giles County, Virginia (the "Giles Board") must first approve the issuance of said revenue bonds by the Authority before CGMH can participate in the financing; and WHEREAS, the Board of Supervisors of Franklin County, Virginia (the "Franklin Board") must first approve the issuance of said revenue bonds by the Authority before CFMH can participate in the financing; and WHEREAS, the City Council of the City of Roanoke, Virginia (the "Roanoke Council") must first approve the issuance of said revenue bonds before the Authority can proceed with the financing; NOW, THEREFORE, BE IT RESOLVED by the Industrial Development Authority of the City of Roanoke, Virginia: SECTION 1. Pursuant to the authority granted to it by the Act, the Authority hereby authorizes the issuance of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group), Series 2002A in an aggregate principal amount not to exceed $100,000,000 (the "Bonds") for the purpose of (i) financing a portion of the costs of the Project, (ii) refinancing certain outstanding interim indebtedness incurred by CMC, CGMH, BMH and CFMH in connection with the financing of a portion of the cost of acquiring, constructing, renovating and equipping the Project, (iii) paying a portion of the interest accruing on the Bonds during the acquisition, construction, renovation and equipping of the Project, (iv) funding a debt service reserve fund for the Bonds in the event the Authority determines at the time the Bonds are to be sold that a debt service reserve fund is warranted and (v) paying certain expenses incurred in connection with the issuance of the Bonds, including credit enhancement fees with respect to the Bonds, if any. SECTION 2. The Authority hereby recommends that the Roanoke Council, the Bedford Council, the Giles Board and the Franklin Board approve the financing of the Project and the issuance of the Bonds. SECTION 3. The Chairman or Vice Chairman and the Secretary Treasurer or any Assistant Secretary Treasurer of the Authority are hereby authorized and directed to deliver to the Roanoke Council, the Bedford Council, the Giles Board and the Franklin Board (a) a reasonably detailed summary of the comments expressed at the public hearing held in connection with the issuance of the Bonds, (b) a fiscal impact statement concerning the Project and the Bonds in the form specified in Section 15.2-4907 of the Act, and (c) a copy of this resolution, which constitutes the recommendation of the Authority that the Roanoke Council, the Bedford Council, the Giles Board and the Franklin Board approve the financing of the Project and the issuance of the Bonds. SECTION 4. This Resolution shall take effect immediately upon its passage. 3 NYI 5075945vl ,ENN FELDMANN DA GOODLATTE E-mail hdarby~gfdg.com 210 1st Street S.W. Suite 200 Post Office Box 2887 Roanoke, Virginia 24001 540.224.8000 Fax 540.224.8050 gfdg~gfdg.corn October 29, 2001 HAND DELIVERED William M. Hackworth, Esquire City Attomey, City of Roanoke, Virginia 464 Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Industrial Development Authority of the City of Roanoke, Virginia Request for TEFRA approvals by the City Council Dear Bill: The Industrial Development Authority of the City of Roanoke, Virginia will be asking the City Council on November 19, 2001 to approve two proposed bond issues. The first would be for the Catholic Diocese of Richmond for bonds to be issued by the City of Salem Industrial Development Authority in an arnount not to exceed $5,000,000. The notice for this ad is scheduled to run October 30 and November 6. The City of Salem IDA is financing the project as an accommodation to the City of Roanoke and the Catholic Diocese of Richmond, in order to lend its "bank qualified" allocation to the transaction (the City of Roanoke having used its "bank qualified" allocation earlier in this calendar year). The Federal Tax Code requires, however, that the City of Roanoke IDA hold a public hearing (scheduled for November 14) and that a Report of Public Hearing be made to the City Council and that City Council approve the transaction in the form of resolution enclosed. I have arranged with Mrs. Parker to deliver the Report of Public Hearing, Fiscal Impact Statement and other required documentation n-fid-morning on the 14th so as to be in the Council's agenda packets for the meeting on the 19th, but am sending this material to you and Ms. Burcham for your review and for your information. The second bond issue is a not to exceed $100,000,000 transaction for Carilion Medical Center for bonds which would be allocated to hospital facilities at Carillon Roanoke Memorial Hospital as well as Carilion Roanoke CR~.NN FE£DMANN DARBY ? GOODLATTE William M. Hackworth, Esquire October 29, 2001 Page 2 Community Hospital and Carilion Giles Memorial Hospital, Bedford Memorial Hospital, and Carilion Franklin Memorial Hospital and will include certain refinancings for outstanding bonds on those hospital facilities. This ad will run October 31 and November 7 and I will get you the proposed resolution as soon as I receive it from Bond Counsel in New York. Very truly yours, Harwell M. Darby, Jr. HMDJR:lww:0042104, 0042106 C: Ms. Darlene Burcham (w/encl.) ,./Ms. Mary F. Parker (w/encl.) GLENN FELDMANN GOODLATTE 210 1st Street S.W. Suite 200 Post Office Box 2887 Roanoke, Virginia 24001 540.224.8000 Fax 540.224.8050 gfdg~gfdg.com HAND DELIVERED ¥ H^RWELL M. D^RBY, JR. R£CEI E~o~ Dial (540) 224-8006 ~]1' Y CLERKS l~ll~arby~gfdg.eom '01 V-7 P3:26 November 7, 2001 William M. Hackworth, Esquire City Attomey, City of Roanoke, Virginia 464 Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Industrial Development Authority of the City of Roanoke, Virginia Request for TEFRA approvals by the City Council Dear Bill: I hope that the information I gave you over the telephone on Tuesday, November 6 was sufficient as to fees charged by the IDA. Following up on my letter to you dated October 29, 2001 the form of resolution which we will be asking City Council to adopt on November 19th in connection with the Carilion Medical Center financing. As you will remember we will be .delivering the City Council packets for both the Diocese of Richmond and the Carilion Medical Center financing to Mrs. Parker mid-morning on the 14th for inclusion in the Council for the meeting on the 19th. HMDJR:lww: 0042104, 0042106 C: Cordially yours, Harwell M. Darby, Jr. Ms. Darlene Burcham (w/encl.) ~/'~Ms. Mary F. Parker (w/encl.) CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 20, 2001 File #184 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am enclosing copy of Resolution No. 35644-111901 closing certain City offices on Monday, December 24; 2001, and providing for additional holiday leave for all City employees. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001. Sincerely, Mary F. Parker, CMC City Clerk Enclosure MFP:mh pc: Kenneth S. Cronin, Director of Human Resources N:\CKMHl~genda.01~ovember 19, 2001 corresp.wlxt 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2001. No. 35644-111901. A RESOLUTION closing certain City offices on Monday, December 24, 2001, and providing for additional holiday leave for all Ci. ty employees. BE IT RESOLVED by the Council of the City of Roanoke that: 1. City offices that are not engaged in performing emergency services or other necessary and essential services oflhe City shall be closed on Monday, December 24, 2001. 2. · City personnel who are not engaged in performing emergency services or other necessary and essential services for the City shall be excused from work for eight hours on Monday, December 24, 2001. 3. With respect to emergency service employees and other employees performing necessary and essential services who cannot for reasons of public health, safety or welfare be excused from work on Monday, December 24, 2001, such employees, regardless of whether they are scheduled to work on Monday, December 24, 2001, shall be accorded equal time off at a later date. Employees of the Fire/EMS Department working the three platoon system shall receive twelve hours of holiday time due to their work schedule. 4. Adherence to this resolution shall cause no disruption or cessation of the performance of any emergency, essential or necessary public service rendered or performed by the City. ATTEST: H:kMEAS URF_.$kR-HOLI.6 City Clerk. RALPH K. SMITH Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 November 19, 2001 5.d Council Members: William D. Bestpitch William H. Carder C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Linda E Wyatt Honorable Ralph K. Smith, Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: In recognition of the organization's significant efforts to accomplish Council's goals during the past year, I would like to recommend that Council provide an additional holiday to city employees on Monday, December 24, 2001, for the upcoming holiday season. Accordingly, I will be introducing the attached resolution at the meeting Monday. I would appreciate your support of this item. Sincerely, William H. Carder Vice-Mayor WHC:ca Attachment C~ Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance RALPH K. SMITH Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 November 19, 2001 Council Members: William D. Bestpitch William H. Carder C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Linda F. Wyatt The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: As you are aware, James D. Grisso has tendered his resignation as the Director of Finance, effective February 1,2002. I would like to propose an amendment to the Roanoke City Charter to allow for a change in authority of the Council-appointed position of Director of Finance to a directorate under the City Manager. I have asked the City Attorney to draft the necessary changes to the City Charter, and copies of the sections of the Charter that would need to be amended, showing these changes, are attached for your consideration. With kindest regards, I am WHC:SMM:mh Sincerely, illiam H. Carder Vice-Mayor Attachment {}7. Limitations of the powers of the council. Neither the mayor, the council, nor any of its members, shall dictate, urge or suggest the appointment of any person to office or employment by the city manager, or in any manner interfere with the city manager, or prevent him the city manager from exercising his or her judgement in the appointment of officers or employees in the administrative service; provided, however, that the city manager's appointments of,,,,,,,,~,,Lo-': ........ ,,," ,.,,,,,,,~,,,,~,,o": .......... depu _ty or assistant ci_ty managers, but not of department heads, shall be subject to confirmation by a majority of the members of the council. Except for the purpose of inquiry, the mayor, the council and its members shall deal with the administrative service solely through the city manager, and neither the mayor, the council, nor any member thereof, shall give orders to any of the subordinates of the city manager either publicly or privately. {}8. Officers elective by council; rules{3; journal of council proceedings; quorum of council]. The council shall elect a city manager, a city clerk,,,~ ,~,,,,,,~,,,": ....... ,,,"~',,,,,-,,,,,, ..... a municipal auditor, and a city attorney, none of whom need be a resident of the city at the time of their election ar "'---- '~'~:~,,~, ........ ~,,,,,,,,, ,,,: ..... o,,,,,,~' ,,,~,,,,,-"~' ~ but who shall take up residence within the city within three (3) months of their election if not already a resident. Unless herein otherwise specifically provided, the council shall also appoint the members of such boards and commissions as are hereafter provided for. All elections by the council shall be viva voce and the vote recorded in the journal of the council. The council may determine its own rules of procedure; may punish its members for misconduct and may compel the attendance of members in such manner and under such penalties as may be prescribed by ordinance. It shall keep a journal of its proceedings. A majority of all of the members of the H:\Charter~:harter 1952.deletedf. I 20 council shall constitute a quorum to do business, but a smaller number may adjoum from time to time. Upon a vacancy occurring in any such office the council shall elect a person to fill the unexpired portion of any term created by such vacancy; or, in the council's discretion, it may elect a person as an acting city manager, city clerk, ~: ....... ~'~' ..... ' ' ...... ,., ........... , mumclpal auditor, or city attomey to hold such office for such lesser term and for such compensation as the council shall then determine; and any person so elected shall have, during the term for which he was elected, all of the authority and shall be charged with all of the duties and responsibilities of the office for which he was elected. §9. Elections by council, when held, terms, et cetera[; council]. During the month of September, ~neteen h~ed seven~-fo~ ~d d~ng the month of September of eve~ second ye~ therea~er, the co~cil shall elect a ci~ clerk, a director of fin~qcc, a muNcipal auditor, ~d a ci~ attorney, each of whom shall se~e for a te~ of~o ye~s ~om the first day of October next following ~e date of ~ their election ~d ~til ~ their successor shall h b 1 d dq lift d ave eeneecte ~ ua e . H:\Charter'a:harter 19 ~2.deletedf. 1 21 responsible to the city manager for the administration of all city affairs placed in his their charge by the city manager or under this charter..During the absencc, ,.,,o,.i ........................ y of the city manager, he the depu _ty or an assistant ci_ty manager shall perform the duties of that office unless the city manager has designated in writing some other city officer to serve as acting city manager. {}22. Investigations. The council, the city manager, and any other officer, board or commission authorized by them, or either of them, shall have power to make investigations as to city affairs, and for that purpose to subpoena witnesses, administer oaths, and compel the production of books and papers. Any person refusing or failing to attend, or to testify or to produce such books and papers, may by summons issued by such board or officer be summoned before the-mtm/eip~ general district court of the city by the board or official making such investigation, and upon failure to give satisfactory explanation of such failure or refusal, may be fined by a murfiei~ judge not exceeding one hundred dollars or imprisoned not exceeding thirty days, such person to have the right to appeal to the hu.;fings circuit court of the city. Any person who shall give false testimony under oath at any such investigation shall be liable to prosecution for perjury. {}23. Creation of departments and department heads; "" '~: ........ deputies and assistants. The council may by ordinance provide for administrative departments, and when such departments are created may define the functions which such departments are to administer, may provide for the appointment of heads for such departments and define their duties and ibiliti ~-~ '~'"'~'--'~' ....... :' cr's respons es.; ,..,~, .u. ~..,,., ~..,, ,,,,u..,,. may ..... : "- "~- H:\Chai'~erXcharle* 1952. del~edf. 1 30 ~The council may by ordinance provide for the appointment of one or more assistants or deputies in the offices of the city attorney, '~-~ -': ....... ":: ..... ...................... , the municipal auditor and the city clerk and may define their duties and responsibilities. Such assistants or deputies, when acting in such official capacity, shall possess all of the power and authority and shall be subject to all of the duties and responsibilities given to or imposed upon their respective superiors under this charter. §24. City clerk. The city clerk shall be elected at the time, in the manner, and for the term provided by section nine of this charter, tie The city clerk may by and with the consent of the council appoint one deputy and such number of assistants as may be provided for by ordinance. ~ The ci_ty clerk shall be the clerk of the council; shall keep a record of its proceedings, and either hc c,r I-,is the city clerk or the deputy city clerk shall attend all meetings thereof, t-I-e The city clerk shall keep all books and papers which by the provisions of this charter or by direction of the council, are required to be kept by or filed with him the ci_ty clerk, t-I.e The ci_ty clerk shall be the keeper of the city seal, and shall affix and attest the same when so directed by the council, t-I-e The ci_ty clerk shall transmit copies of all ordinances or resolutions to such officers and persons as are affected thereby, tie The city clerk shall give information to persons presenting communications or petitions to the council of the final action of the council thereon, t-I-e The ci_ty clerk shall, except as otherwise expressly provided in this chapter, publish or cause to be published, all reports, ordinances, and other documents required by this charter to be published, and also such other reports as the council may by ordinance or resolution direct, t-I-e The city clerk shall perform such other duties as are required by this charter, and in general shall perform such acts and duties as the council shall by ordinance or resolution require of H:\Chartcrk:hart~1952.dcletgdf, I 31 him the city clerk. Any of the duties of said the city clerk may be performed by h-is th__e deputy city clerk. The city clerk and hia deputy city clerk shall receive such compensation and give such bond as the council may by ordinance provide. {}25.1 '-': ....... ~'~ ..... Finance. (a) The~.~.': ....... ~"--~.~ ..... ciW m~ager shall have ch~ge ~d shall maintain control of the keeping of all accosts ~d fin~cial records of the ~.j .......... city, in accord~ce with generally accepted principles of accosting, wherein shall be stated, mong other t~ngs, the appropriations for the ye~ for each distinct object ~d brach o(expendi~es, ~d also the receipts ~om each ~d eve~ so.ce of revenue, so f~ as it c~ be asce~ained. All such accosts ~d fin~cial records shall be public records, ~d shall be subject to the exmination of the c~ty m~aagcr ~d members of the ci~ co~cil, or other person or persons required by order of the city m~ager or ordin~ce of the co~cil to m~e such exmination. (b) The~.~,~. ~: ....... ~ ~ ~..~ ~ ..... ci~ m~ager shall be ch~ged with ~d shall exercise a general fiscal supe~ision over all the officers, dep~ents, offices, agencies ~d employees of the ci~ ch~ged in ~y m~er with the assessment, receipt, collection or disb~sement of the ci~ revenues, ~d with the collection ~d re~ of such revenues into the ci~ treasu~; ~d ~ the H:\Chartcr~charter 1952.dclctcdf. I 32 ..... to, city manager shall prescribe such system and regulation as is necessary for the proper reporting and accounting for all city revenues and receipts. (c) The dircctc, r of Hna~nc¢ city manager shall have the power to and shall examine and audit all accounts, claims and demands for or against the city; and, unless otherwise provided by law or by this charter, no money shall be drawn from the treasury or be paid by the city to any person unless the balance due and payable by the city be first settled and adjusted by the said dir¢ctc, r of ": .....city manager. (d) The dircctc, r of Hnr~¢c city manager shall draw a warrant check on the treasury for such money as is determined by him the city manager to be due and payable to any person, stating the particular fund or appropriation to which the same is chargeable and the person to whom payable; and no money shall be drawn from the treasury except on the warrant check of the dircctor A~, ~ .....city manager as aforesaid, countersigned by the city manager. The ~: ....... city manager is forbidden to' ~': issue ..........~ a check for the payment of any money in excess of the appropriation on account of which such money is drawn. (e) It shall be the duty of the dircctc~r c~f Hnr, ncc city manager to charge all officers in receipt of revenues or moneys of the city with the whole amount, from time to time, of such receipts. /-I-e The ci_ty manager shall also require of all officers in receipt of city moneys that they submit reports thereof, with vouchers and receipts of payment therefor into the city treasury, daily, weekly or monthly, or at such times as may be otherwise provided by ordinance of the council; and if any such officer shall neglect to make adjustment of his accounts, when required,,,o-- ,,,,,,-" ..... ,~o,,,,.,,"" and to pay over such moneys as received, it shall then be the duty of aa/d th.~e dircctc~r c,f financc city manager to issue notice in writing, directed to such officer and hi~ such officer's surety or sureties, requiring him or them within ten days to make settlement of his .... or their accounts with the 4: H:\Charter~charter 1952.d~letedf. I 33 fin~cc city manager, and to pay over the balance of moneys found to be due and in his or their hands belonging to sa-~d the city, according to the books of said the '~: ....... ~ ~ ..... ' ................ ,~,. c~ty manager; and in case of the refusal or neglect of such officer to adjust his aa~d accounts or to pay over such balance into the treasury of the city, as required, it shall be the duty of the ................. '~'' ....... "':- ..... c ci_ty manager to make report of the delinquency of such officer to the council, "--,,,. ,.,~.~ -: ........... -,,~,,,~,.L, the municipal auditor and the city attorney. For good cause appearing, the city attorney shall at once take action to have such officer suspended from office, and shall proceed forthwith to institute the necessary proceedings for the removal of such officer from office, and shall institute suit in the name of the city against such officer and his surety or sureties to recover the balance of moneys so found by the,~,,,,,~.,,": ....... ,,.'~':.,,,,.,,,,~ ..... ci_ty manager to be due and4n-h:is.-}mm~ belonging to o.,,,~-:'~ the .city. (f) The d~rcctc, r of 5nanc¢ city manager shall prepare an annual statement, promptly after the end of each fiscal year, giving full and detailed statement of all the receipts and p dit duri g th ""':-~' ........."- -~'~" ~'--"-'":'" ':" .... :'" '"~ ~:"' d h and shall lay the same before the next meeting of the council. When required by the council, such annual statement shall be certified by independent certified public accountants. (g) It shall be the duty of the d~rcctc, r ~f 5hence. city manager, each and every month, to prepare a monthly statement, giving a full and detailed account of all moneys received, from what sources and on what account received, and of all moneys ordered to be paid or drawn by check by-h/m, and on what account the same have been paid; and he the city manager a~all d¢l~vcr .............................. j nia.nagcr, and shall lay the same before the council at its next meeting. (h) No contract, agreement or other obligation involving the expenditure of money shall be entered into nor shall any ordinance of the council or order of any officer of the city authorizing H:\Chart~¢hart~1952 deleted£ 1 3 4 the city's obligation for expenditure of money be effective until and unless the dircctc, r c,f finance city manager shall have certified in writing that the money required for such contract, agreement, obligation or expenditure is in the city treasury to the credit of the fund from which it is to be drawn, and not appropriated for any other purpose, which certification may be endorsed on or recited in such ordinance, endorsed upon the contract, agreement or other instrument creating such obligation or upon such order, or may be contained in separate certification filed and preserved in the office of the city clerk; provided, however, that requirement of such certification shall not be applicable to the city's execution or issuance of bonds or notes under §47 of this charter. The sum so certified shall not thereafter be considered unencumbered, until the city is discharged from the contract, agreement or obligation. (i) For the purpose of the certification required in subsection (h), supra;, of this section, all moneys actually in the treasury to the credit of the fund from which they are to be drawn and all moneys applicable to the payment of the obligation or appropriation involved that are anticipated to come into the treasury before the maturity of such contract, agreement or obligation from taxes, assessments, license fees or from sales of property or of services, products, or by-products of any city undertaking and all moneys to be derived fi'om lawfully authorized bonds or from other sources, shall be deemed in the treasury to the credit of the appropriate fund and subject to such certification. (j) Unless otherwise provided in this charter, the '~: ....... "':- .....'*-, .................. c~y manager shall have all of the duties, responsibilities, powers and authority heretofore imposed upon or lodged in the city audltc, r director of finance by this charter or by the ordinances and resolutions of the council heretofore -- '- .... '"-- adopted p~or '- '~- .......:"- -'--':~- ~'- -': ....... f~5 .... (k) The .................. c~_ty manager shall have the power and the authority to use any and all collection methods available to the treasurers of the counties and cities under general law to H:\Charter~chaner 1952.deleted£ 1 35 collect delinquent real estate taxes, provided the responsibility for such collection has been transferred to the,.,,,,.,~,,.,,-': ....... ,,." ..,~,,.,.':' ..... city manager by ordinance adopted by city council. §25.2. Municipal auditor. The municipal auditor shall be elected by the council at the time, in the manner and for the dby §9 ..... :-~-~ ~- .......... ~-~' '1- ....... ~'-1- ..... :~:-~, ~----,~- ~.-~, term provide of this Charter_.; (a) The municipal auditor shall have such qualifications as the council shall from time to time establish. (b) It shall be h~ the duty of the municipal auditor: (1) To examine and audit all accounts, books and records of the city that reflect transactions involving financial activities of the city, including those for which the city has a responsibility as an agent, custodian or trustee, sr. id such audit to be made in a timely manner or as prescribed by ordinance.  T6 -1.--11 L-- L:- ................ y__To work closely with the ,~,,-': ....... ,.,, ~,0, ,, ,"':,,,,,,.,. ..... ci_ty manager in promulgation of systems and procedures employed in the accounting for revenue received and expenditures made by the city. (d) ~ When so directed by the council, it ~hall Lc ,1-,~ duty to see to implementation of and to supervise all systems recommended to be established by independent public accountants making audits for city functions. H:\Charter~chart~t 1952.de|~tedf. I 3 6 acting, under his the chief's authority or against the city therefor. ~,~,°"' any pcrsc, n .,,,.,,.o,,.,~: ........ '~ .,:- p p ~y.~ -, ........ a ....... :,~.: ......... '' g d appcafing "- ...... "-~':A- ~-~ '-~-- givcn' .t.~ _: .... ; ....... "-":" ~: ....~-~" appolnt' The council may establish, within the fire department ...... ~,~ o~l~,,~,, cmcrgcncy ou~,,~,~ or · -o, ..~, ~.~- ,., .,.u ..,. ,.j...~,....u .. an emergency . §33. The annual budget. The city manager, at least sixty days prior to the beginning of each fiscal year, shall submit to the council a budget for the ensuing fiscal year. It shall be the duty of the head of each department, the judge of each court, each board or commission, including the school board, and each other office or agency supported in whole or in part by the city, including the commissioner of the revenue, the city treasurer, the sheriff, the attomey for the Commonwealth and clerk of courts to file with the dircctor c~ffinancc ci_ty manager by March 15 of each year estimates of revenue and expenditure for H:\Chartef~chaner 1952.deletedf. l 44 that department, court, board, commission, office or agency for the ensuing fiscal year. Such estimates shall be submitted on forms furnished by the ,.,.,.,,,,,. '~: ....... ,,."..,~,,,,':' ..... ci_ty manager and it shall be the duty of the head of each such department, judge, board, commission, office or agency to supply all the information required to be submitted thereon. The~,.,,,.,,~. '~: ....... ,,. ~ ..~...,.,. ~ ..... city manager shall assemble and compile all such estimates and supply such additional information relating to the financial transactions of the city as may be necessary and present them to the city manager for the ti lyp ti fth b dg Th ity g .-.:,~- me repara ono e u et. ec mana er,,,,,, shall review the estimates and other data pertinent to the preparation of the budget and make such revisions in such estimates as he the city manager may deem proper subject to the laws of the Commonwealth relating to obligatory expenditures for any purpose, except that in the case of the school board budget he the ci_ty manager may recommend a revision in category totals only. The budget submitted to the council shall contain the following: (a) An itemized statement of the appropriations recommended with comparative statements showing appropriations made for the current and next preceding year. (b) An itemized statement of the taxes required and of the estimated revenues of the city from all other sources for the ensuing fiscal year, with comparative statements of the taxes and other revenues for the current and next preceding year, and of the increases or decreases estimated or proposed. (c) A fund statement showing a condition of the various appropriations, the amount of appropriations remaining unencumbered, and the amount of revenues remaining unappropriated. (d) Explanatc, r-y ....... '-': ...... '- ....-~:-: .......................... a ...:,,. An explanation of the estimates for the ensuing year; also a work program showing the undertakings to be begun and those to be completed during the next year and each of several years in advance. H:\Char~'~haner 1952.de[~tedf. 1 45 The school trustees of said board members of the city school board shall be a body corporate under the name and style of the School Board of the City of Roanoke, and shall have all of the powers, perform all of the duties and be subject to all of the limitations now provided, or which may hereafter be provided by law in regard to school boards of cities and except that all real estate with the buildings and improvements thereon heretofore or hereafter purchased with money received from the sale of bonds of this city, appropriated by the council or received from any other source for the purpose of public education, shall be the property of the aaid city of Roanoke, unless such money so received from any other source be received on other conditions. The school board shall transmit to the council andto the ~'* ,~l~y .................. manager a detailed statement of all moneys received by aaid the board or placed to its credit. Separate accounts shall be kept by the aaid board of moneys appropriated by the council, and moneys received from other sources, and every such statement shall show the balance of each class of funds on hand or under control of aaid th_._~e board as of the date thereof. The school board shall on or before March 15 of each fiscal year prepare and submit to the council or its designee for its information in making up its proposed annual budget a detailed estimate, in such form as aa~d the council or its designee shall require, of the amount of money required for the conduct of the public schools of the city for the ensuing fiscal year, with an estimate of the amount of all funds which will probably be received by aa~d the board for the purpose of public education from sources other than appropriations by the council. The council may, at its discretion, by ordinance provide for an audit of the affairs and records of the school board by the municipal auditor or by any other competent person or firm selected by the council. H:\C"har ter~char t~' 19 5 2. t~el et~df. 1 62 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 20, 2001 File #24-79 Stephanie M. Moon Deputy City Clerk Sheila N. Hartrnan Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35646-111901 amending and reordaining Chapter 32. Taxation, Article II, Real Estate Taxes Generally, of the Code of the City of Roanoke (1979), as amended, by adding a new section entitled §32-26. Triennial application for exemption, providing for the periodic filing of applications with the Director of Real Estate Valuation as a requirement for the retention of tax exempt status, and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment N:\CKMHl~,\genda.01hNovember 19, 2001 i:orresp.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2001. No. 35646-111901. AN ORDINANCE ~imending and reordaining Chapter 32. Taxation, Article II, Real Estate Taxes Generally, of the Code of the City of Roanoke (1979), as amended, by adding a new section entitled § 32-26. Triennial application for exemption, providing for the periodic filing of applications with the Director of Real Estate Valuation as a requirement for the retention of tax exempt status, and dispensing with the second reading by title of this ordinance. - BE IT ORDAINED by the Council of the City of Roanoke as follows: . 1. Chapter 32. Taxation, Article II, Real Estate Taxes Generally, of the Code of the City of Roanoke (1979), as amended, is amended and reordained by adding a new section Triennial application for exemption, which shall read and provide as entitled §32-26. follows: CHAPTER 32. TAXATION ARTICLE II. REAL ESTATE TAXES GENERALLY §32-26. Triennial application for exemption. (a) Any entity which owns real or personal property exempt pursuant to Title 58.1, Chapter 36, Code of Virginia (1950), as amended, shall, after receiving sixty (60) days' written notice, file triennially an application with the director of real estate valuation as a requirement of retention of the tax exempt status of the property. The application shall show the ownership and usage of the property and shall be filed within siXty (60) days preceding the tax year for which such exemption or the retention thereof is sought on a form furnished by the director of real estate valuation. (b) This requirement shall not apply to the United States or to the state' or any of its political subdivisions. 2. Pursuant to the provisions of§12 of the Charter, the second reading of this ordinance is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 20, 2001 File #24-79 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35645-111901 amending Resolution No. 30884- 121892, adopted February 18, 1992, which established the policy of the City with respect to supporting requests of certain non-profit organizations to exempt certain property from taxation pursuant to Article X, §6(a)(6), of the Constitution of Virginia. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001. Sincerely, Mary F. Parker, CMC. City Clerk MFP:mh Attachment pc.' The Honorable David C. Anderson, City Treasurer The Honorable Sherman A. Holland, Commissioner of the Revenue James D. Grisso, Director of Finance Willard N. Claytor, Director of Real Estate Valuation Barry L. Key, Director, Office of Management and Budget N:\CKMHl~Agenda.01hNovember 19, 2001 corresp.wpd 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIAi The 19th day of November, 2001. No. 35645-111901. A RESOLUTION amending Resolution No. 30884-021892, adopted February 18, 1992, which established the policy of the City with respect to supporting requests of certain non-profit organizations to exempt certain property from taxation pursuant to Article X, §6(a)(6), of the Constitution of Virginia. WHEREAS, this ~Council by the adoption of Resolution No. 30884-021892, on February 18, 1992, established the policy of the City with respect to supporting requests of non-profit organizations for tax exempt status for their property; and WHEREAS, Paragraph 2(a) of such resolution provided that if Council adopted a resolution supporting an organization's request, and the request was granted by the General Assembly, that the "value of all exempted taxes shall be deducted from any funding provided by the City to the organization"; and WHEREAS, Council desires to amend its policy to delete the provisions of Paragraph 2(a) of Resolution No. 30884-021892. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Resolution No. 30884-021892, adopted February 18, 1992, be, and it hereby is, amended by the deletion of Paragraph 2 (a). ATTEST: City Clerk. H:LM EASURES~r-amtaxexcmptpolicy. 1 RECEIVED CITY CLERKS OFFICE Office of the City Manager '01 NOV14 A9:56 November 19, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable W. Alvin Hudson, Council Member Honorable William D. Bestpitch, Council Member Honorable William White, Sr., Council Member Honorable C. Nelson Harris, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Policy on Tax Exemption of Property for Non-Profit Organizations At a regular meeting of City Council on July 16th, 2001, Council Member White requested a review of the City's current policy with respect to supporting requests of non-profit organizations to exempt certain property from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia. This policy was adopted by Council on February 18, 1992. It requires that such organizations agree to pay an annual service charge equal to 20% of the real estate tax levy on the property to be exempted as a condition to receiving a resolution from Council supporting its request for tax exemption to the General Assembly. This tax exemption policy is one of several types of tax relief the City of Roanoke offers to its citizens. Other types of relief are listed below along with the amount of tax foregone by the City. FY 2002 Type of Tax Relief Tax Loss Elderly $ 365,751 (see note) Disabled $ 61,492 (see note) Agricultural $ 54,214 Rehabilitation $ 440,434 Tax Exempted Properties $ 10,262,267 (detail to follow) Total $ 11.184.158 Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us Honorable Mayor and Members of Council November 19, 2001 Page 2 Note: City Council expressed an interest during FY 2002 budget study in further adjusting eligibility requirements for these two taxes, specifically increasing the current $30,000 local cap on total combined income to be more inline with the state maximum of $50,000. A memo was sent to Council on October 23, 2001, with recommendations on this issue. Much of the information that follows is excerpts taken from a January 22, 1985 Council Report prepared by Wilburn C. Dibling Jr., the former City Attorney. Current State Law Regarding Tax Exempted Properties Exemptions from property taxation are provided for in Article X, Section 6 (a) of the Constitution of Virginia. Four classes of property are automatically exempted from taxation without action of the General Assembly. These are: 1. Properties owned by the Commonwealth or any political subdivision thereof; Properties owned and exclusively occupied or used by churches or religious bodies, for worship or for the residences for their ministers; 3. Private or public burying grounds or cemeteries not operated for profit; and Property owned by public libraries or by institutions of learning not conducted for profit. Article X, Section 6(a)(6) also states that property used by its owner for charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be determined to be exempt from taxation by the General Assembly if approved by a three-fourths vote of both houses upon request of the property owner. Section 30-19.04 of the Code of Virginia further states that the property owner must first approach the governing body of the locality where the property is situated to seek its support for property tax exemption. A resolution detailing any action taken by the governing body must be forwarded to the General Assembly along with the request for property tax exemption. It is not necessary for the local governing body to approve the request for it to be considered by the General Assembly, but it must adopt a resolution stating its position. During the 2001 General Assembly, House Joint Resolution 503 was introduced to amend this section of the Constitution to place responsibility for determining the appropriateness of tax exemption with local governing bodies, essentially removing the General Assembly from the process altogether. H JR 503 was approved but, since it involves a constitutional amendment, it must be reconsidered in the 2002 General Assembly. If approved again, it must then be put to public referendum. Conceivably, this change could be approved during Honorable Mayor and Members of Council November 19, 2001 Page 3 calendar year 2002, with an undetermined effective date. Once a property has attained tax-exempt status, such status continues indefinitely without time limitation subject to several important restrictions: When any exempt property is sold to a person not having tax-exempt status, it shall immediately become subject to taxation and be assessed. When a part of the property, which is tax-exempt, is leased or otherwise a source of revenue or profit, it shall be liable for taxation. When it is designated as tax exempt by the General Assembly, such designation remains valid only as long as the property is used exclusively for its tax-exempt purpose. Under Section 58.1-3605 the Code of Virginia authorizes a locality, through adoption of a local ordinance, to require an entity, other than governmental, which owns tax exempt real and personal property, to file triennially an application with the Commissioner of the Revenue for retention of the exempt status of the property. Upon review of the applications, the local governing body may submit to the General Assembly a list of the organizations that should be removed from its tax exempt property list. Currently, the City does not have an ordinance that implements this provision. Current State Law Regarding Service Charges on Tax Exempted Properties Section 58.1-3400 of the Code of Virginia authorizes local governments to impose and collect a service charge upon the owners of all real estate exempted from property taxation, subject to certain limitations. Generally, the City may levy a service charge against tax exempt real estate of (a) any political subdivision; (b) a non-profit private or public cemetery; (c) public libraries, law libraries of local bar associations when the same are used or available for use by a State court or its judges, medical libraries of local medical associations when used or available for use by State health officials, incorporated colleges or other institutions of learning not conducted for profit; (d) a benevolent or charitable association operated under the lodge system; (e) an organization exempted from taxation under Article 3 of Chapter 36 of Title 58.1, Code of Virginia (1950), as amended, (volunteer rescue squads, certain boys and girls clubs, Societies for the Prevention of Cruelty to Animals, Boy Scouts of America, Girl Scouts of the United States of America, the American National Red Cross, Habitat for Humanity, etc.); and (f) any property owned by an organization exempted from taxation by designation of the General Assembly pursuant to Article X, Section 6(a)(6), Constitution of Virginia. The service charge may be imposed only if the Commissioner of the Revenue publishes and lists all exempt real estate in the land books of the locality in the same manner as taxable real estate, prior to imposing the Honorable Mayor and Members of Council November 19, 2001 Page 4 service charge. Subsequently, Section 58.1-3402 of the Code of Virginia provides exemptions from the above mentioned assessment of service charges for properties lawfully owned and held by churches and property used or operated exclusively for nonprofit educational or charitable purposes. This Code section eliminates many of the agencies cited as eligible that fall into the category of a charitable organization. The locality has the option to choose to exempt any class of organization from the service charge, but may not exempt certain properties within any given class. The charge must be based on a calculation of costs which take into account the expenditures for police and fire protection and disposal of refuse for all real estate in the City. According to the Code, with the exception of faculty and staff housing for educational facilities, the service charge cannot exceed twenty (20) percent of the real estate tax rate of the city. Current calculations based on Section 58.1-3401.B of the Code of Virginia indicate the actual service charge rate should be 80% of the real estate tax rate to recover this cost, not 20% as allowed by state law. Current City Policy Regarding Tax Exemption and Service Charges for Certain Non- Profit Orqanizations From time to time, non-profit organizations request that City Council adopt a resolution in support of that organization's request to the General Assembly to be designated exempt from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia. Prior to 1992, Council had not adopted any policy with respect to the terms and conditions under which Council would support an organization's request for tax exempt status. Therefore, organizations requesting Roanoke's support were evaluated on an individual basis. Traditionally, these organizations volunteered to pay a service charge of 5% of the real estate levy. Service charges have never been imposed by the City on any agency with tax exempt property. In February 1992, to insure that organizations seeking tax-exempt status would be treated uniformly, City Council established a written policy with respect to supporting requests of non-profit organizations to exempt property from taxation. The policy, effective March 1, 1992, and not adopted retroactively, states that as a condition to receiving a resolution from City Council supporting its request of the General Assembly for designation as exempt from taxation, organizations must agree to pay Roanoke an annual service charge in an amount equal to twenty percent (20%) of Roanoke's real estate tax levy for so long as the organization's real property is exempted from state and local taxation. As an additional condition of the policy, the value of all exempted taxes would be deducted from any funding provided by Roanoke to the organization. However, this provision has not been enforced since the adoption of the policy. Since its implementation, 12 charitable agencies Honorable Mayor and Members of Council November 19, 2001 Page 5 have received City Council support for tax exemption. Of those 12 organizations 10 remain tax exempt resulting in $48,653 in annual tax relief. Roanoke's Tax Exempt Properties There are over 2,000 properties in the City valued at $848.1 million that are tax-exempt, amounting to seventeen percent of all real estate. $661.5 million of this total is comprised of properties that are exempted from a service charge. Currently, 18 organizations pay a total of $30,793 in service charges. A detailed chart illustrating this information is Attachment A. It is important to note that an agency does not need City Council's support to approach the General Assembly, only a resolution stating City Council's position. So, based on current city policy an agency could choose to not pay the voluntary service charge and still receive General Assembly approval for tax exemption. City of Roanoke Tax Exempt Property 2001-2002 CATEGORY PARCELS VALUE Governmental 1,114 $490,910,300 Religious 637 $153,570,800 Charitable 139 $24,752,700 Educational 2 $17,041,800 Other 142 $161,845,600 TOTAL 2,034 $848,121,200 Tax that would be due if property were not tax $10,262,267 exempt Percentage of tax 17.13% exempt real estate in City Service Charges Collected $30,793 (18 organizations) Honorable Mayor and Members of Council November 19, 2001 Page 6 Over the past ten years, the percentage of tax-exempt properties in the City has increased from 14.2% to 17.13%. In the Charitable and Other categories above, 17 organizations are receiving additional financial assistance from the city and only 6 of those are paying service charges. Percentage of Tax Exempt Real Estate 2000-2001 1991, 1992, ; 1993, 1994- 1995- 1996- 1997- 1998- 1999- 2000- 1992 1993 1994 1995 ' 1996 1997 1998 1999 2000 2001 14.2% 14.13% 15.5°/O 15.19% 16% 16.35% 16.45% 16.2% 16.95% 17.13% Percentages of tax exempt properties in other Virginia localities: In 1999, the percentage of tax-exempt properties in a locality ranged from 55% in the City of Lexington to 3% in Rappahannock County. The following chart illustrates the percentage of tax-exempt properties for select localities: Jurisdiction Percentage Roanoke County 8.85% Lynchburg 19.39% Richmond 19.92% Salem 21.07% Norfolk 46.65% City average 22.10% throughout Virginia County average 10.62% throughout Virginia Recommendation: The following options were developed with assistance from the City Attorney, Director of Finance, Commissioner of the Revenue, and the Director of Real Estate Valuation to address the concerns of City Council. Honorable Mayor and Members of Council November 19, 2001 Page 7 Amend the current city policy by removing the provision that states the value of all exempted taxes should be deducted from any funding provided by Roanoke to the organization. After reviewing the policy, enforcement of this provision could have a negative impact on these agencies. Adopt an ordinance allowing the city to implement a triennial review performed by the Director of Real Estate Valuation as allowed by the Code of Virginia Section 58.1-3605. The owner of the property will be required to provide any information which would be relevant to the continuance of the exemption granted. This will allow the city to conduct periodic reviews of the current status of properties to ensure that the tax exempt status has not changed. Darlene L. Burcham City Manager DLB:as Attachment c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Barry M. Key, Director, Management & Budget Organization Edgewood Water Co. Fifth District Planning Commission Roanoke County Board of Supervisors Roanoke Regional Airport Commission Roanoke Valley Resource Authority Board of Trustees Woodlawn Campbell Heirs Cemetery Clifton Grubb Cemetery Coon Barnhardt Cemetery First Baptist Cemetery FV Cemetery Co. Logan Heirs Lowry Cemetery Morman Heirs Cemetery Persinger Heirs Cemetery Peters Creek Church of the Brethren Samara L C Temple Emanuel Cemetery Unknown Cemetery Adult Care Center of Roanoke Valley Carillon Services Childrens Home Society of Va Community Housing Corporation Free Clinic of Roanoke Valley Greenvale Nursery School Hunton, William YMCA Northwest Child Development Center Roanoke Council of Garden Clubs Roanoke Hospital Association Roanoke Memorial Hospital Roanoke Mental Hygiene Service Roanoke Valley Speech and Hearing Center The Salavation Army The Samaritans Inn Roanoke City Tax Exempt Charitable and Other Agencies FY 2002 Paid Constitution or Service Code Section Year Value Levy Charge 58.1-3606.A.1 58.1-3606.A.1 58.1-3606.A. 1 58.1-3606.A.1 58.1-3606.A.1 58.1-3606.A.3 58.1-3606.A.3 58.1-3606.A.3 58.1-3606.A.3 58.1-3606.A.3 58.1-3606.A.3 58.1-3606.A.3 58.1-3606.A.3 58.1-3606.A.3 58.1-3606.A.3 58.1-3606.A.3 58.1-3606.A.3 58.1-3606.A.3 58.1-3606.A.3 58.1-3606.A.5 58.1-3606.A.5 58.1-3606.A.5 58.1-3606.A.5 58.1-3606.A.5 58.1-3606.A.5 58.1-3606.A.5 58.1-3606.A.5 58.1-3606.A.5 58.1-3606.A.5 58.1-3606.A.5 58.1-3606.A.5 58.1~3606.A.5 58.1-3606.A.5 58.1-3606.A.5 5OO 352,200 25,000 343,800 4,317,400 500 5OO 1,500 5O0 100 375,00O 500 500 6,7O0 17,500 3,000 33,200 100 34,000 129 BOO 49,72O.200 111 900 367 8O0 492 700 695 800 89 000 309 800 698 600 71,448,200 13,127,600 1,873,900 376,800 2,297,100 61,700 6.05 4,261.62 302.50 4,159.98 52,240.54 6.05 6.05 18.15 6.05 1.21 4,537.50 6.05 6.05 81.07 211.75 36.30 401.72 1.21 411.40 1,570.58 601,614.42 1,353.99 4,45O.38 5,961.67 8,419.18 1,076.90 3,748.58 8,453.06 864,523.22 158,843.96 22,674.19 4,559.28 27,794.91 746.57 1,593.54 City Assistance 6,000.00 22,500.00 9,000.00 9,000.00 3,500.00 28,000.00 ATTACHMENT A CDBG 2000-01 2001-02 25,000.00 Organization Roanoke City Tax Exempt Charitable and Other Agencies FY 2002 Paid Constitution or Service Code Section Year Value Levy Char,qe United Way of Roanoke Young Mens Christians Assn Young Womens Christian Assn. Alleghany & Dunbar Corp Ancient & Accepted Rite of Free Masons Fraternal Order of Police Kazim Temple Corporation Masonic Lakeland Lodge Old Dominion Lodge #1 Order of Odd Fellows Mt. Dale Lodge #49 Oseola Lodge 58.1-3606.A.5 58.1-3606.A.5 58.1-3606.A.5 58.1-3606.A.7 58.1-3606.A.7 58.1-3606.A.7 58.1-3606.A.7 58.1-3606.A.7 58.1-3606.A.7 58.1-3606.A.7 58.1-3606.A.7 Rnk. Lodge #197 Benevolent and Protective Elks 58.1-3606.A.7 St. John Grand Lodge Free Masons Virginia Heights Lodge Williamson Road Masonic AMVETS Post ~, Blue Ridge Post #484 Veterans of Foreign Affairs Post #1264 Roanoke Life Saving and First Aid Williamson Life Saving Crew Roanoke Valley SPCA Blue Ridge Mountains Council of Boy Scouts American National Red Cross City Rescue Mission Va. United Methodist Home Blue Ridge Housing and Development Corp. Crisis Pregnancy Center Eye Bank of Virginia Friendship Manor Apartments Habitat for Humanity League of Older Americans Mountain Manor Homes Northwest Recreation Club Inc. Planned Parenthood 58.1-3606.A.7 58.1-3606.A.7 58.1-3606.A.7 58.1-3607 58.1-3607 58.1-3607 58.1-3610 58.1-3610 58.1-3613 58.1-3614 58.1-3616 58.1-3617 58.1-3617 58.1-3650.904 58.1-3650.904 58.1-3650.904 58.1-3650.904 58.1-3650.904 58.1-3650.904 58.1-3650.904 58.1-3650.904 58.1-3650.904 1999 1996 1978 1983 1996 2000 1993 1997 1996 269,500 3,260.95 2,998,500 36,281.85 585,700 7,086.97 67,500 816.75 519,600 6,287.16 111,800 1,352.78 699,600 8,465.16 124,600 1,507.66 22,500 272.25 184,000 2,226.40 53,000 641.30 1,044,800 12,642.08 42,900 519.09 137,000 1,657.70 224,100 2,711.61 184,600 2,233.66 78,500 949.85 87,900 1,063.59 167,300 2,024.33 218,600 2,645.06 141,000 1,706.10 956,400 11,572.44 2,838,900 34,350.69 4,709,800 56,988.58 129,800 1,570.58 284,500 3,442.45 269,500 3,260.95 293,100 3,546.51 4,193,800 50,744.98 354,900 4,294.29 103,700 1,254.77 336,200 4,068.02 283,000 3,424.30 1,609,100 19,470.11 456.40 688.48 652.16 2,537.20 938.17 264.72 813.58 684.82 3,894.02 City Assistance 29,000.00 4,000.00 ATTACHMENT A CDBG 2000-01 2001-02 42,352.00 44,727.00 17,139.00 19,000.00 93,920.00 200,304.00 Organization Constitution or Code Section Year Roanoke Valley Council of Community Service Showtimers of the Roanoke Valley Total Action Against Poverty Virginia Museum of Transportation West End Center Western Va. Foundation for the Arts Gilmer Housing Asso. Larry Beckner Lifestyles Enterprises Inc. Mary Neil Natalie Foster Robert Anthony Johnson Shenandoah Crossings Roanoke City Tax Exempt Charitable and Other Agencies FY 2002 Paid Service Value Levy CharRe Subtotals 58.1-3650.904 1992 170,200 2,059.42 58.1-3650.904 1991 146,700 1,775.07 58.1-3650.904 1991 1,360,700 16,464.47 58.1-3650.904 1997 2,121,600 25,671.36 58.1-3650.904 1976 348,600 4,218.06 58.1-3650.904 1983 9,539,300 115,425.53 Transfer 75,100 908.71 Transfer 3,500 42.35 Transfer 100,600 1,217.26 Transfer 44,100 533.61 Transfer 100 1.21 Transfer 8,200 99.22 Transfer 1,040,500 12,590.05 Pay service charges but are not part of Charitable or Other category 58.1-3650.904 58.1-3650.904 58.1-3650.904 58.1-3650.904 102.94 88.74 1,889.68 5,134.26 Harrison Museum of African Culture Melrose/Rugby Neighborhood Rugby Forum Our Lady of the Valley Virginia Synod Lutherine Home Grand Total Subtotals ATTACHMENT A City CDBG Assistance 2000-01 2001-02 13,369.00 216,015.00 24,124.00 41,000.00 85,000.00 35,000.00 109,833.00 27,000.00 250,000.00 186,598,300 2,257,839.43 19,738.71 460,384.00 537,368.00 357,031.00 2000 64,200 776.82 160.18 2000 33,100 400.51 80.10 1988 4,690,100 56,750.21 2,847.92 1985 13,166,800 159,318.28 7,965.88 22,479.00 17,954,200 217,245.82 11,054.08 22,479.00 0.00 0.00 204,552,500 2,475,085.25 30,792.79 482,863.00 537,368.00 357,031.00 CITY OF ROANOKE Office of the~City Clerk Mary F. Parker, CMC City Clerk November 20, 2001 File #24-144-282 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia · Dear Ms. Burcham: I am attaching copy of Ordinance No. 35647-111901 amending and reordaining subsections (r) and (s) of {}14.1-1, Definitions, and subsection (b) of {}14.1-16, Placement for collection generally, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment N:\CKMHlkAgenda.01kNovember 19, 2001 corresp.wpd Darlene L. Burcham November 20, 2001 Page 2 pc: The Honorable Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable'Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court The Honorable Donald S. Caldwell, Commonwealth's Attorney Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Michael R. Meise, Law Librarian James D. Grisso, Director of Finance Robert K. Bengston, Director, Public Works Frank W. Decker, III, Solid Waste Management Operations Superintendent iN THE COUNCIL OF THE CITY OF ROANOKE, VIRGiNIA, The 19th day of November, 2001. No. 35647-111901. AN ORDiNANCE .amending and reordaining subsections (r) and (s) of 514.1-1, Definitions, and subsection (b) of § 14.1-16, Placement for collection generally, of Chapter 14.1, Solid Waste Management, of the Code-of the City of Roanoke (1979), as amended, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subsections (r) and (s) of § 14.1-1, Definitions, and subsection (b) of § 14.1-16, Placement for collection generally, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: § 14.1-1, Definitions. (r) Recyclables shall mean those items identified in regulations promulgated by the City Manager as recyclable and acceptable to the City for recycling. (s) Recycling container shall mean a cart or bin which is provided by or through the City or is otherwise approved by the City Manager. In no case shall a recycling container be larger than thirty-two (32) gallons. N:\CAPS\ORDINANCES~o-amdefsolidwas~.wpd § 14.1-16. Placement for collection generally. (b) Certain alleys designated by the City Manager may be used for automated collection container service and recycling container service, but not bulk items, and when alleys are so designated, occupants of property contiguous to such designated alleys shall place all such solid waste for collection within five (5) feet of the edge of the alley, as close as possible to the point of ingress and egress. In case of property having a fence or wall on the property line adjacent to the alley, and no point of ingress or egress in such fence or wall, the City Manager shall designate a point of collection. Automated collection containers and recycling containers placed in such alleys ' shall be so placed in accordance with subparagraph (a) of this section. *** 2. Pursuant to § 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. N:\CAP S\ORDINANCESXo-amd~ fsolidwast~, wpd RECEIVED CITY C~! FRK~ flFFfSE 6.a.2. Office of the City Manager Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable W. Alvin Hudson, Council Member Honorable William D. Bestpitch, Council Mamber Honorable William White, Sr., Council Member Honorable C. Nelson Harris, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Amendment to City Code Solid Waste - Recycling Background: The Solid Waste Management Division (SWM) of Public Works has re-engineered the recycling collection program for all residential households. As of July 2, 2001, SWM began the collection of commingled (mixed) recyclables. City Code Section 14.1-16(b) indicates that certain alleys designated by the City Manager may be used for automated collection container service, but not recyclables collection. Considerations: Residents that continue to have their trash collection service provided in the alley indicate that they have difficulty placing their recycling container at the curb due to topographic conditions (steps, walls, etc.). In an effort to further increase the collection of recyclables, alley collection of recyclables has been provided; however a change to the Solid Waste Ordinance is needed to continue this service in the alley. Recommendation: Adopt the ordinance change attached to this report. City Manager DLB/FVVD/mc c: Mary F. Parker, City Clerk James D. Grisso, Director of Finance William M. Hackworth, City Attorney Robert K. Bengtson, Director, Public VVorks #CM01-00268 Room 364 Municipal South 215 Church Avenue, S,W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www, ci.roanoke.va.us CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 20, 2001 File #2-9-27-28-60 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35649-111901 providing for acquisition of certain property rights needed by the City for the Airport Road Storm Drain Extension Project; setting a limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; and dispensing with the second reading of this ordinance by title. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: James D. Grisso, Director of Finance Robe.rt K. Bengtson, Director, Public Works Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2001. No. 35649-111901. AN ORDINANCE providing for the acquisition of certain property rights needed by the City for the Airport Road Storm Drain Extension Project; setting a limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. To provide for the improvement of storm drainage in the vicinity of Airport Road and Towne Square Boulevard, the City wants and needs certain property rights a. cross property bearing Roanoke City Tax Nos. 6640112, 6640113, 6640114, 6640116, and 6660103, as set forth in the City Manager's report and attachment thereto dated November 19,2001. The proper City officials are authorized to acquire these property rights for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. All requisite documents shall be upon form approved by the City Attorney. 2. A public necessity and use exists for the acquisition of the property rights and immediate acquisition by purchase or condemnation is necessary and expedient. 3. The City Manager is directed on behalf of the City to offer the landowners such consideration for the property rights as deemed appropriate; provided, however, the total consideration offered or expended and any and all necessary closing costs, including but not limited to appraisals, title reports, preparation of necessary documents and recordati°n costs, shall not exceed $100,000.00 without further authorization of Council. Upon the acceptance of an offer and upon delivery to the City of deeds, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the consideration to the owners of the interests conveyed, certified by the City Attorney to be entitled to the same. 4. Should the City be unable to agree with the landowners as to the compensation to be paid for acquisition of such property rights, or other terms of purchase or settlement, or should the owners be persons under a disability lacking capacity to convey said property fights, or should the whereabouts of the owners be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property rights. 5. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for a right of entry pursuant to Section 25- 46.8 or Section 33.1-119 of the Code of Virginia (1950), as amended, for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into Court the appropriate sums in connection with such proceedings. 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: N:\CAPS\ORDllqANCES[O-LA Aitpo~ Road Storm Drain(DLC) - I 11201.WlXl City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 20, 2001 File #2-9-27-28-60 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35648-111901 amending and reordaining certain sections of the 2001-2002 Capital Projects Fund Appropriations, providing for transfer of $100,000.00, in connection with property rights acquisition for the Airport Road Storm Drain Extension Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001. Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator Barry L. Key, Director, Management and Budget IN THE COUNCIL OF THE CITY (dF ROANOKE, VIRGINIA The 19th day of November, 2001. No. 35648-111901. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Economic Development $ 27,195,963 Innotech Expansion (1) ..................................... 468,000 Stormwater Management $ 3,463,825 Airport Road Storm Drain Extension Project (2) ..................100,000 1 ) Appropriated from General Revenue 2) Appropriated from General Revenue (008-052-9627-9003) (008-530-9782-9003) (100,000) 100,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEIVED CITY CLERKS OFFl~ce of the City Monager November 10qt 2~1 13 P 4 ;§0 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Property Rights Acquisition for Airport Road Storm Drain Extension Project Drainage problems in the vicinity of Airport Road and Towne Square Boulevard have hampered the development of properties in this area. The design of a project to improve drainage is sufficiently complete to identify the property rights that need to be acquired for construction of the project. Authorization is needed to move forward with procurement of title work, appraisals, and documentpreparation related to acquisition of the necessary property rights. See Attachment 1 for a list of properties affected. See Attachment 2 for exhibit of properties. Estimated expenses related to the acquisition of property are not expected to exceed $100,000, which is available in capital project account number 008-052-9627, Innotech Expansion. Recommended Action: Authorize the City Manager to acquire all property rights as shown on the attached list. Said property rights may be acquired following a satisfactory environmental site inspection by negotiation or eminent domain, and include fee simple, permanent easements, permanent access easements, temporary construction easements, rights of way, licenses or permits, etc. Transfer funding of $100,000 from 008-052-9627 to an account to be established by the Director of Finance entitled "Airport Road Storm Drain Extension Project". Respectfully submitted, City Manager DLB/sef Attachments: 2 C: Ma.ry F. Parker, City Clerk Wilham M. Hackworth, City Attorney James D. Grisso, Director of Finance Sarah E. Fitton, Engineering CoordinatOr Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 CityWeb:www. ci.roanoke.va.us (540) 853-2333 #CM01-00269 FAX (540) 853-1138 ATTACHMENT 1 AIRPORT ROAD STORM DRAIN EXTENSION PROJECT Tax No. 6640112 6640113 6640114 6640116 6660103 Property Owner A & M Enterprises, LLC A & M Enterprises, LLC A & M Enterprises, LLC RVA One, LLC George D. Zamias Property Ri.qhts FS FS PAE, TCE DE, TCE DE, TCE Legend: DE - Drainage Easement PAE - Permanent Access Easement FS - Fee Simple TCE - Temporary Construction Easement Airport Road Storm Drain Extension Project Attachment 2 Towne Square CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk November 20, 2001 File #68-178 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35650-111901 authorizing the City Mana~ler to execute the appropriate documents for acceptance of a donation of certain properties by the Roanoke Redevelopment and Housing Authority, described as Official Tax Nos. 2013938 and 3041224, for a consideration of $1.00, each, to be used for developmental purposes by the City; upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 James D. Grisso, Director of Finance Robert K. Bengtson, Director, Public Works Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator H:kAgenda.01',November 19, 2001 corresp.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2001. lqo. 35650-111901. AN ORDINANCE au. thofizing the City Manager to execute the-appropriate documents for the acceptance of a donation of certain properties by Roanoke Redevelopment and Housing Authority to be used for developmental purposes by the City; upon certain terms and conditions; 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. The City Manager is hereby authorized to execute the appropriate documents to accept the donation of two parcels of land from Roanoke Redevelopment and Housing Authority, bearing Official Tax Map Nos. 2013938 and 3041224, for the consideration ors 1.00 each, as more particularly stated in the City Manager's letter to City Council dated November 19, 2001. All requisite documents shall be upon form approved by the City Attorney. 2. Acceptance of these parcels is conditioned upon receiving a satisfactory environmental assessment and title exam. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. N:\CAPS\ORDINANCES\O-donafion of 2 parcels RRHA - 11-19-21 .wpd RECEIVED CITY CLERKS OFFICEoffice of the City Manager '01 V13 P4:50 November 19, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member SUBJECT: Acceptance of Property Owned by Roanoke Redevelopment & Housing Authority Dear Mayor Smith and Members of City Council: The Roanoke Redevelopment and Housing Authority (RRHA) is the current owner of two parcels of land purchased with Community Development Block Grant funds. RRHA has requested that the City accept donation of these two parcels. Parcel #1 is identified by TM# 2013938, is adjacent to Wometco, contains 0.719 acres, and is valued at $2,000. Acceptance of this parcel would allow it to be combined with adjacent City property that could then potentially be developed. See Attachment #1. Parcel #2 is identified by TM# 3041224, is located in Deanwood Industrial Park, contains 0.378 acres, and is valued at $4,900. This parcel serves as the stormwater management system for the industrial park, which has been completed and will be maintained by the City. See Attachment #2. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci .roanoke.va .us Honorable Mayor and Members of Council November 19, 2001 Page 2 Recommended Action(s): Authorize the City Manager to execute the appropriate documents to accept the donation of the property, subject to an acceptable environmental inspection, in a form acceptable to the City Attorney. DLB/sef Attachment(s): 2 Re~spectfully submitted, ar ene L. Burcham City Manager C: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator CM01-00261 Attachment 1 RRHA Property Adjacent to Wometco AVENUE Parcel to be Conveyed Tax No. 2013938 AVENUE CENTRE AVENI Legend ~Ci~ OwnedPrope~ies ~_~~~JLS~DE AVENUE Attachment 2 RRHA Property in Deanwood Industrial Park .OR IDA) AVE. ICUT AVI=. POCAHONTAS AVE. (UN D EV'.) MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-maih clerk@ci.roanoke.va.us November 20, 2001 File #68-229-472 STEPHANIE M. MOON Deputy City Clerk Katherine F. Strickland, Executive Director Virginia Museum of Transportation, Inc. 303 Norfolk Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Strickland: I am enClosing two copies of Ordinance No. 35651-111901 authorizing donation of certain City-owned transportation equipment to the Virginia Museum of Transportation, Inc., 'upon certain terms and conditions; dispensing with the second reading by title of this ordidance; and providing for an effective date. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001, and will be in full force and effect ten days following the date of adoption, and at such time as a fully executed copy has been filed in the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance H:'~.genda.01hNovember 19, 2001 corresp.wpd 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2001. No. 35651-111901. AN ORDINANCE authorizing the donation of certain City-owned transportation equipment to the Virginia Museum of Transportation, Inc., upon certain terms and conditions; dispensing with the second reading by title of this ordinance; and providing for an effective date. WHEREAS, a number of items representing different methods of transportation over the years which have been donated to the City are currently housed and maintained by the Virginia Museum of Transportation, Inc.; WHEREAS, in order to simplify equipment maintenance and insurance coverage issues, the equipment should be donated to the Virginia Museum of Transportation, Inc.; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. With regard to the transportation equipment owned by the City currently housed and maintained by the Virginia Museum of Transportation, Inc., with the exception of the 1218 locomotive donated by the Shenandoah-Virginia Corporation in 2001, and the No. 611 Class A Steam Locomotive, both of which shall remain the property of the City of Roanoke, the remaining items are hereby donated to the Virginia Museum of Transportation, Inc., in accordance with the recommendation contained in the City Manager's letter to Council dated November 19, 2001, and as identified therein. H:LM EA SURES'~o-donafiontovmt I 2. Ownership of the transportation equipment, identified on the attachment entitled "Items Housed and Maintained by the Virginia Museum of Transpo~atio. n for the City of Roanoke as of September 4, 2001", to the above referenced City Manager letter, shall revert to the City of 'Roanoke in the event the Virginia Museum of Transportation should ever close. The Museum shall not dispose of such equipment without the prior written approval of the City. 3. This ordinance shall not become effective until such time as a duly authorized officer of the Virginia Museum of Transportation, Inc., has executed this ordinance on behalf of the Museum, agreeing to the conditions set out herein. 4. Pursuant to § 12 of the City Charter, the second reading of this ordinance is hereby dispensed with. ATTEST: City Clerk. ACCEPTED and AGREED to by the undersigned this day of ,2001. ATTEST: Harry G. Norris, Secretary VIRGINIA MUSEUM OF TRANSPORTATION, INC. By Katherine F. Strickland, Executive Director H:'aM EA SURESko-donafiontovmt. 1 RECEIVED CITY CLERKS OFF!CE Office of the City Manager Novem'l~l~r ~1721030i P 4 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Donation of Property to Virginia Museum of Transportation Background: On June 4th, 2001, City Council authorized the City Manager to execute an agreement to accept the donation of the 1218 locomotive from Shenandoah- Virginia Corporation. The Virginia Museum of Transportation agreed to exhibit the locomotive in its rail yard, and insure and maintain it as part of the Museum's collection, while ownership of the locomotive will remain with the city because of the locomotive's historical significance to Roanoke. The Museum currently houses and maintains a number of other transportation equipment items owned by the city - see Attachment A. This property has been acquired from time to time over the years, and we cannot find any documents relating to its acquisition by the City. We are also not aware of any restrictions on these items that would prohibit them from being donated to the museum. However, there is currently no formal agreement between the Museum and the city regarding maintenance and insurance of this equipment, as is the case with the 1218 locomotive. Most of this equipment should be donated to the Museum to simplify equipment maintenance and insurance issues, with the understanding that if the Museum should close, ownership of the equipment would revert to the city. Ownership of the No. 611 Class A Steam Locomotive should be retained by the city because of its historical significance. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci. roanoke.va.us Honorable Mayor and Member of Council November 19, 2001 Page 2 Considerations: Section 15.2-953 of the Code of Virginia (1950), as amended, allows localities to donate funds, personal property or real estate to organizations such as the Virginia Museum of Transportation. The Museum has agreed to accept the donation of the transportation items listed in Attachment A, with the exception of the No. 611 Class A Steam Locomotive, and maintain and insure them - see Attachment B. Recommended Action: City Council approve the attached ordinance authorizing the donation of transportation equipment items detailed in Attachment ^, with the exception of the No. 611 Class ^ Steam Locomotive, to the Virginia Museum of Transportation. Ownership of the items will revert to the city should the Museum ever close, and if the equipment items are still in place. bmitted, Darlene L.~ m~~~~~~ City Manager DLB:blk C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance CM01-00266 Attachment A Items Housed and Maintained by the Virginia Museum of Transportation For the City of Roanoke As of September 4, 2001 Item Description: Extended Roof Rockaway (Carriage) Stick Seat Box Buggy (ca. 1885) Studebaker Wagon (ca. 1870) Galax Buggy Co. Carriage Jas. Cunningham Hearse (ca. 1895) Covered Wagon (ca. 1900) 192O 1930 1924 1927 1938 1922 Buick Touring Car Chevrolet Stake Bed Truck Ford Model T Chassis White Motor Co. Truck Cadillac Fire Truck White Dump Truck 1940 Seagrave Fire Truck 1950 Oren Fire Truck Celanese 0-4-0 Tea Kettle 1914 Panama Canal Mule VGN 0-8-0 Steam Loc. #4 N&W Steam Loc. #6 Wabash E-8A #1009 N&W Caboose #518391 N&W RPO Car N&W Class PG Coach No. 611 Class A Steam Locomotive (ownership to remain with city) 2 Railway Express Carts Darlene Burcham, City Manager Room 364, Municipai Building 215 Church Ave. Roanoke, VA 24011-1584 November 1, 2001 Dear Darlene: A~ you and I have di~,,ussed in the p~t, the 'v~sinia Muslin of Transportation, Inc. began as the City's Transportation Museum. The Museum originally was located at Wasena P~'k and housed transportation artifacts that were owned by the City, City citizens or businesses in the City. These artifacts were placed at the Museum so that the items would be preserved and exhibited to the public. The Museum bec4une the official transportation museum for the Commonwealth in the mid-80's and subsequently moved to its current location after a devastating flood in 1996. In the last ten years that I have been involved with the Museum we have focused on our mis~iun and have sought ways to better maintain, preserve and exhibit our artifacts. We have built a restoration workshop, hired a full time Director of Restoration, and will complete a cover for our railside collection, the Robert B. Claytor and Graham Claytor, ;ir. Pavilion in the summer of 2002. Maintaining our sizeable collection is a · constant and costly challenge and the Museum seeks in-kind and volunteer help to meet our mission. Since its inception the Museum has insured and maintained to the best ofits ability the City's sizeable collection and will continue to do so. The Museum is in the process of becoming accredited. Adequate record keeping is of critical importance for any museum. At this time the Museum does not have a formal agreement with the City regarding equipment maintenance and insurance issues. It would greatly facilitate the Museum's mission to maintain and preserve these artifacts if we had a formal agreement with the City regarding these artifacts giving us full dominion o~r the arfifuct. Attachment A lists the artifacts cun'eutly housed and maintained at the Museum that are owned by the City. This list does not include the 611 or the 1218 which should arrive here in the summer. · As always, we so appreciate the constant support of the City of Roanoke for the Virginia Museum of Transportation, Inc. and our region's rich transportation heritage. Executive Director 303 Ncrrdk Avenue. ~, VA 24016 * 540.342.5670 -' 540.342.68~8 fax - vvvvvv .vr~t .or,q CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 20, 2001 File #60-70-236 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35653-111901 authorizing acceptance of the FY2002 Fire Programs Funds Grant made to the City of Roanoke by the Virginia Department of Fire Programs, in the amount of $13! ,794.71 and authorizing execution and filing by the City Manager of the conditions of the grant and other grant documents. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations James Grigsby, Chief, Fire/EMS H:kAgenda.01'aNovember 19, 2001 corresp.wpd IN THE COUNCI~ OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2001. No. 35653-111901. A RESOLUTION authorizing the acceptance of the FY2002 Fire Programs Funds Grant made to the City of Roanoke by the Virginia'Department of Fire Programs and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the Virginia Department of Fire Programs of the FY2002 Fire Programs Funds Grant in the amount of $131,794.71. 2. The City Manager or the Assistant City Manager for Operations is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of the FY2002 Fire Programs Funds Grant. 3. The City Manager or the Assistant City Manager for Operations is further directed to furnish such additional information as may be required by the Virginia Depamnent of Fire Programs in connection with the City's acceptance of the foregoing grant or with such project. ATTEST: city Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 20, 2001 File #60-70-236 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35652-111901 amending and reordaining certain sections of the 2001-2002 Grant Fund Appropriations, providing for appropriation of $131,795.00, in connection with acceptance of the Fiscal Year 2002 Fire Program Fund Grant from the Virginia Department of Fire Programs. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations James Grigsby, Chief, Fire/EMS Barry L. Key, Director, Management and Budget H:~Age~da.01~Iovembet 19, 2001 corresp.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2001. No. 35652-111901. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ 2,943,107 Fire Program Fund FY02 (1-5) ................................ 131,795 Revenues Public Safety $ 2,943,107 Fire Program Fund FY02 (6) ................................. 131,795 1) Expendable Equipment <$5,000 2) Training and Development 3) Weadng Apparel 4) Recruiting 5) Regional Fire Training Facility 6) State Grant Revenue (035-520-3232-2035) (035-520-3232-2044) (035-520-3232-2064) (035-520-3232-2065) (035-520-3232-9073) (035-520-3232-3232) 26,795 10,000 30,000 5,000 60,000 131,795 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEIVED CITY CLERKS I~cl~F_of the City Manager '01 NOV 13 P4:50 November 19, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Fire Programs Grant Background: The Fire Program Fund was established by the General Assembly effective October 4, 1985, pursuant to Section 38.1-44.1 of the Code of Virginia. The sunset clause requiring expiration of this fund July 1, 1990 was removed; thus, the City's annual allocation of state funds will continue indefinitely. Program guidelines require that funds received are non-supplanting and may not be used to replace existing local funding. Funds must be used in accordance with the provisions established by the State Department of Fire Programs. The City of Roanoke's allocation of $131,794.71 was deposited into account 035-520- 3232-3232 from the Department of Fire Programs. Considerations: The City's portion of the Roanoke Regional Fire Training Center debt service is $60,000, which will be paid annually from this revenue source. City Council action is needed to formally accept and appropriate these funds, and authorize the Director of Finance to establish revenue estimates and appropriation accounts in the Grants Program Fund to purchase equipment and supplies in accordance with provisions of this program. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci. roanake.va.us The Honorable Mayor and Members of Council November 19, 2001 Page 2 Recommended Action: Authorize the City Manager to accept the grant and $131,794.71 with corresponding revenue estimates in Director of Finance in the Grant Fund. appropriate grants funds of accounts established by the DLB:jsf C: Respectfully submitted, City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance George S. Snead, Assistant City Manager for Operations James Grigsby, Fire-EMS Chief #CM01-00247 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 20, 2001 File #184 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35654-111901 authorizing payment of supplementary compensation and restoration of certain benefits to employees called to active military duty; and repealing Resolution No. 35637-110501, adopted November 5, 2001. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: James D. Grisso, Director of Finance Kenneth S. Cronin, Director, Human Resources H:kAgenda.01XaNovember 19, 2001 corresp.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2001. No. 35654-111901. A RESOLUTION authorizing payment of supplementary compensation and restoration of certain benefits to employee~ called to active military duty; and repealing Resolution No. 35637-110501, adopted November 5, 2001. BE IT RESOLV~ED by the Council of the City of Roanoke that: 1. J The City shall pay, upon request, to any City employee who, between October 1, 2001, and September 30, 2002, is called to active duty related to our country's war on terrorism, subsequent to that employee's employment with the City, a supplement equal to the difference between regular City salary and military base pay plus any other compensation received for such service. This supplement shall not be paid for any days that regular City salary must be paid t° such employees. Employees shall provide the Department of Human Resources with the necessary documentation to establish their eligibility for the supplement. 2. Any City vacation or paid leave used by such employees during active duty related to our country's war on terrorism shall be restored. 3. Each such employee shall be deemed to have earned City vacation, paid and extended illness leave for the period of such active duty in the same manner as if such employee had remained in service with' the City. 4. For each such employee who returns to service with the City within seven (7) working days of the conclusion of such active military duty, the City shall pay the. City portion of the health and dental benefit premiums necessary to provide coverage for the employee effective upon the date of return to ser,/ice with the City. 5. Resolution No. 35637-110501, REPEALED. adopted on November 5, 2001, is hereby ATTEST: City Clerk. K t \I,ffiLS~8.E 8 \ ?.- il'r L ? P&T'S.~J~.O l ? Sll. 2 RECEIVED L'~ITY CLERKS OFFICF Office of the City Manager November 19, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Special Military Leave Pay Amendment Background: City Council approved Special Military Pay on November 5, 2001, to provide supplemental pay for military reservists called to active duty related to the war on terrorism. An amendment was requested to limit this pay to employees in service with the City of Roanoke before receiving military orders. Recommended Action: Approve amendment to special policy to pay military reservists. Covered employees would be those who are called to active duty related to our country's war on terrorism subsequent to the employee's employment with the City of Roanoke. Respectfully submi~ed, City Manager DLB:bka c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Kenneth S. Cronin, Director of Human Resources Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke,va.us CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 20, 2001 File #20-221 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35655-111901 authorizing the City Manager to execute Amendment 1 to the September 1, 1998, Parking Agreement between the City of Roanoke and Carillon Health System which will provide that Carillon may purchase up to 60 additional parking permits at the approved prevailing monthly rate then in effect, as such rate may be increased or decreased from time-to-time, for the particular parking garage for which such permits are issued, less 10% of such rate, as more particularly set forth in a communication from the City Manager to Council dated November 19, 2001. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: James D. Grisso, Director of Finance Elizabeth A. Neu, Director, Economic Development Michael Ballantyne, Senior Vice President, Carillon Health System, P. O. Box 13367, Roanoke, Virginia 24033 H:XAgenda.01Xblovembcr 19, 2001 corresp.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19t:h day of biovember, 2001. bio. 35655-iI1901. AN ORDINANCE authorizing the City Manager to execute Amendment 1 to the September 1, 1998, Parldng Agreement between the City of Roanoke and Carilion Health System; and providing for an ~.nnergency. WHEREAS, the City and Carilion entered into a Parldng Agreement dated September 1, 1998, giving Carilion the right to purchase a minimum of 310 and up to a maximum of 440 parking permits for use in the To~wer Parking Garage, Church Avenue Parking Garage, and Century Station Parking Garage during normal business days and hours (Parking Agreement); and WHEREAS, Carilion has purchased the maximum amount of 440 parking permits, but now needs additional parking permits for additional job positions it has or will move downtov~n and requires the ability to purchase up to an additional 60 parking permits above the 440 provided for by the Parking Agreement; and WHEREAS, the City wishes to make such additional parking pe~fits available to Carilion pursuant to the terms and conditions set forth in Amendment 1 as referred to in the City Manager's letter to Council dated November 19, 2001. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, an Amendment I to the Parking Agreement of September 1, 1998, between the City of Roanoke and Carilion Health System which will provide that Carilion may purchase up to 60 additional parking permits at the approved prevailing monthly rate then in effect, as such rate may be increased or decreased from time-to-time, for the particular parking garage for which such permits are issued less 10% of such rate, all as more particularly set forth in the City Manager's letter to Council dated November 19, 2001. 2. Amendment 1 to the Parking Agreement with Carilion will be substantially similar to the one attached to the above mentioned City Manager's letter, and shall be approved as to form by the City Attorney. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: city c erk. 2 RECEIVED CITY t~LERK$ OFFICE Office of the City Manager '01 NOV14 A9:54 November 19, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Amendment 1 to September 1, 1998 Parking Agreement between the City of Roanoke and Carilion Health System Background: On September 1, 1998 The City of Roanoke and Carilion Health System entered into a Parking Agreement giving Carilion the right to purchase a minimum of 310 and a maximum of 440 parking permits for use in certain city owned and/or controlled parking garages during normal business hours. Carilion has purchased the maximum number of permits allowed by this Agreement and now intends to create and/or move additional job positions downtown and requires the ability to purchase up to an additional sixty (60) parking permits above the 440 provided for in the Parking Agreement. Considerations: The City wishes to make these additional permits available to Carilion pursuant to the same terms and conditions as set forth in the Parking Agreement except that such additional permits will be made available for purchase by Carilion Health System at the approved prevailing monthly parking rate for the particular parking garage for which such permits are issued less ten (10) percent. The rates for these additional parking permits will also be subject to any and all rate changes which may be approved by City Council during the life of this Parking Agreement. Carilion Health System may request these additional supplemental permits in writing through the City's Director of Economic Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci,roanoke.va,us Honorable Mayor and Members of Council November 19, 2001 Page 2 Development and may cancel any or all of such permits at the time Carilion makes their annual report to the City as specified in section 7 (b) of the Parking Agreement. Recommended Action: City Council approve Amendment 1 (as contained in Attachment 1 to this letter) to the September 1, 1998 Parking Agreement Between the City of Roanoke and Carilion Health System providing Carilion the ability to acquire an additional sixty (60) parking permits under the terms and conditions stated above and in Amendment 1 as attached to this letter. City Manager DLB: djm C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Elizabeth Neu, Director, Economic Development #CM01-00251 AMENDMENT 1 TO SEPTEMBER 1, 1998, PARKING AGREEMENT BETWEEN CITY OF ROANOKE AND CARILION HEALTH SYSTEM This is Amendment 1 to the September 1, 1998, Parking Agreement between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the "City," and CARILION HEALTH SYSTEM, a nonprofit Virginia corporation, hereinafter referred to as "Carilion," and is dated November __., 2001. WITNESSETH: WHEREAS, the City and Carilion entered into a parking agreement dated September 1, 1998, giving Carilion the right to purchase a minimum of 310 and up to a maximum of 440 parking permits for use in the Tower Parking Garage, Church Avenue Parking Garage, and Century Station Parking Garage during normal business days and hours (hereafter - "Parking Agreement"); and WHEREAS, Carilion has purchased the maximum amount of 440 parking permits, but now intends to create and/or move additional job positions downtown and requires the ability to purchase up to an additional 60 parking permits above the 440 provided for by the Parking Agreement; and WHEREAS, the City wishes to make such additional parking permits available to Carilion pursuant to the terms and conditions set forth in this Amendment 1 and that the cost of the 60 additional supplemental permits will be ten percent (10%) less than the approved prevailing monthly rate then in effect, as such rate may be increased or decreased from time-to-time, for the particular parking garage for which such permits are issued. NOW, THEREFORE, in consideration of the promises and covenants contained herein and in the original Parking Agreement, the City and Carilion agree as follows: SECTION 1. Amendment to Number of Parking Permits and Costs. C:XDOCUiV~- 1 \cmca P~ocal Settinga\Temp\¢.lotus.notes.data\carilionattach.do¢ Subject to the terms of this Amendment 1, the number 440 in Section 3(a) of the Parking Agreement is hereby increased to 500. Furthermore, Section 5 of the Parking Agreement is amended to add a new subsection 5(a)(5) which shall be as follows: During the remaining term of this Parking Agreement, Carilion may purchase from the City up to 60 additional supplemental parking permits (additional supplemental permits), with the total of all types of parking permits under the Parking Agreement not to exceed 500, and provided that such additional supplemental permits will only be for use in the Church Avenue Parking Garage and Century Station Parking Garage or such other parking garages as the City may designate in the future. For each of the additional supplemental permits which Carilion may receive from the City pursuant to this Amendment 1 and the Parking Agreement, Carilion agrees to pay the City the approved prevailing monthly rate then in effect, as such rate may be increased or decreased from time-to-time, for the particular parking garage for which such permits are issued less ten percent (10%) of such rate. The additional supplemental permits will only be made available at those rates after Carilion has provided sufficient documentation that it has created or relocated additional qualifying positions in Roanoke's Enterprise Zone One over and above the minimum 310 qualifying positions required by this Parking Agreement for each additional supplemental permit it requests. Furthermore, these additional supplemental permits will only be provided by the City if available and the City, in its sole discretion, determines that such additional supplemental permits should be made available. Carilion may request in writing such additional supplemental permits at any time through the City's Director of Economic Development. However, once any additional supplemental permits are provided to Carilion by the City, Carilion may only cancel any or all of such permits only at the time Carilion makes the annual report to the City referred to in Section 7(b) of the Parking Agreement. Such additional supplemental permits will be subject to the other terms and conditions of the Parking Agreement, including that should Carilion violate any of the provisions of the Parking Agreement or Amendment 1, Carilion will pay the City the full approved prevailing monthly rate for such additional supplemental permits in the same manner as Carilion would be required to pay for supplemental permits referred to in Section 7 of the Parking Agreement. SECTION 2. Continuation of Terms and Conditions of the Parking Agreement. All the terms and conditions of the Parking Agreement dated September 1, 1998, shall continue in full force and effect for the term of the Parking Agreement, except as modified above. IN WITNESS WHEREOF, the parties hereto have signed this Amendment 1 by their authorized C:~DOCLWIE- l\cmca lXLocal Settings\Temp~c.lotus.note~.data\carilionattach.doc 2 representatives: ATTEST: Mary Parker, City Clerk ATTEST: Printed Name and Title Approved as to Form: City Attorney Appropriation and Funds Not Required For this Contract: Director of Finance Date Acct. # CITY OF ROANOKE, VIRGINIA By: City Manager CARILION HEALTH SYSTEM By: Printed Name and Title SEAL Approved as to Execution: City Attomey C 5DOCUME- 1 ~cmca 1 ~Local Settings\Temp~c.lotus.notes.data\carilionattach. doc CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk November 20, 2001 File #32-80-216 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35656-111901 endorsing inclusion of the Downtown West and the Henry Street Districts as landmarks on the Virginia Landmarks Register and the National Register of Historic Places; and authorizing the proper City Official to execute the appropriate documents to include those areas on the Virginia Landmarks Register and the National Register of Historic Places. The. abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001. Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Marc Wagner, National State Register Manager, Virginia Department of Historic Resources, 2801 Kensington Avenue, Richmond, Virginia 23221 James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development Evelyn S. Lander, Department of Planning and Code Enforcement H:~Agenda.01XaNovember 19, 2001 corresp.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of lqovember, 2001. blo. 35656-111901. A RESOLUTION endorsing the inclusion of the Downtown West and the Henry Street Districts as landmarks on the Virginia Landmarks Register and the National Register of Historic Places; and authorizing the prgper City Official to execute the appropriate documents to include those areas on the Virginia Landmarks Register and the National Register of Historic Places. WHEREAS, designation on the Virginia Landmarks Register and the National Register of Historic Places provides many benefits, including economic incentives and increased community pride; WHEREAS, the City of Roanoke is applying to the Virginia Department of Historic Resources for official designation of the Downtown West and the Henry Street Districts as landmarks on the Virginia Landmarks Register and the National Register of Historic places; and WHEREAS, inclusion on the Virginia Landmarks Register and the National Register of Historic Places would recognize the cultural and architectural importance of the Downtown West and Henry Street Districts in the City of Roanoke's early history. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council is of the opinion that the Downtown West and Henry Street Districts have considerable cultural, architectural and historical significance and are worthy of inclusion on the Virginia Landmarks Register and the National Register of Historic Places; 2. This Council enthusiastically endorses inclusion of the Downtown West and Henry Street Districts on the Virginia Landmarks Register and the National Register of Historic Places; and 3. The City Manager is hereby authorized to execute on behalf of the City of Roanoke any and all appropriate documents .necessary for inclusion of the Downtown West and Henry Street Districts on the Virginia Landmarks Register and the National Register of Historic Places, as more particularly set forth in the letter to this Council dated November 19, 2001. ATTEST: City Clerk N:\CAPSXRESOLUTIONS'dt.- DW&HST 11 - 15-01 .wpd RECEIVED [.'ITY CLERKS OFF'IC, FOffice of the City Manager '01 NOv14 R9:56 November 19, 2001 Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor W. Alvin Hudson, Council Member William D. Bestpitch, Council Member William White, Sr., Council Member C. Nelson Harris, Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Background: Resolution authorizing the nomination of a portion of downtown and two properties on First Street, NW (Henry Street) for inclusion on the National Register of Historic Places Roanoke has many historically significant places that consist of individual buildings, such as St. Andrew's Catholic Church, or consist of many buildings, such as the City Market and Old Southwest. These landmarks are designated on the National Register of Historic Places. Places that currently have this designation include: · City Market · Old Southwest/Mountain View · Hotel Roanoke/Higher Education Center/GOB South · Warehouse Row · Historic Gainsboro In July 2000, Roanoke entered into a 50/50 cost-share program with the Virginia Department of Historic Resources (VDHR) for surveying portions of downtown for possible inclusion on the National Register. The project area contains 200 properties that would "fill the gaps" between our existing National Register districts (see map). Roanoke committed $15,000 with a state match of $15,000 for a total project budget of $30,000. Hill Studio was retained to conduct the survey. Room 364 MunicipaISouth 215Church Avenue, S.W, Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci. roanoke.va, us Honorable Mayor and Members of Council November 19, 2001 Page 2 Survey work was also completed on a proposed Henry Street district, which is made up of the Dumas Hotel and Ebony Club properties. Once an area is surveyed, a "Preliminary Information Form" is submitted to VDHR, which determines eligibility. An official nomination is made once VDHR determines eligibility. Survey work has been completed for the Downtown West District and the Henry Street District. The Preliminary Information Forms have been prepared and must be endorsed by City Council in order to proceed. Considerations: Designation on the National Register provides many benefits including economic incentives and promoting community pride. National Register designation encourages investment by making State and Federal tax incentive programs available, which can offset up to 45% of the cost of rehabilitation. These tax credit programs have been very successful at spurring rehabilitation projects. Major examples of recent successful tax credit projects include the Roanoke Higher Education Center, Shenandoah Hotel, and Spectrum Design. Many of these projects would not have been feasible without the tax credits made available through the National Register designation. It is important to note that inclusion on the National Register does not necessarily mean that Roanoke's H-1 and H-2 zoning district overlays will apply. No control over design is imposed on property owners unless federal funds are involved. Use of federal funds or participation in a tax credit project will require that an owner comply with rehabilitation standards adopted by the U.S. Secretary of the Interior. The Vision 2001 Comprehensive Plan supports the survey and designation of the National Register Historic District through the following recommendations: Economic Development: Complete survey of historic structures in the downtown. Housing and Neighborhoods: Develop economic incentives in downtown to encourage residential development. Environmental and Cultural Resources: Undertake a comprehensive inventory of historic and cultural properties and districts in the city and consider historic districts, where applicable. Solicit neighborhood input and stakeholders in the inventory, where applicable. Promote local, state and federal incentives to include tax credits to encourage rehabilitation of historic districts. Timing is an issue as the State Review Board meets quarterly. City Council endorsement of the application is required to proceed. Honorable Mayor and Members of Council November 19, 2001 Page 3 Recommendation: Adopt a resolution endorsing the nominations of the Downtown West Historic District and the Henry Street Historic District for inclusion on the National Register of Historic Places, and authorizing the City Manager to sign documents related to the nominations on behalf of City Council. Respectfully submitted, Darlene L. Burcham City Manager DLB:clc Attachment C: William M. Hackworth, City Attorney Rolanda A. Johnson, Assistant City Manager for Community Development Evelyn S. Lander, Director, Planning Building & Zoning Steven J. Talevi, Assistant City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk CM01-00264 Proposed Historic Districts City of Roanoke Department of Planning Building a~d Development FRANKLIN RD GAINSBOI~D NEIGHBORHOOD ALLIANCE National Historic Designation Appeal November 18, 2001 To City Manager, Mayor, and City Council: I am V. Lee Wolfe. i built and own my residence in Gainsboro at 206 Rutherford Court in the city of Roanoke 24016. Gainsboro Neighborhood Alliance is grateful to Ted Edlich and TAP as charter members of our reorganization, and for their dependable support to Gainsboro. We recommend that the proposed Dumas Arts Education Center be designated historical and while doing so, have the entire Gainsboro area become nationally recognized as historic. Gainsboro was chartered in 1834 and has survived as a community through accomplishments and many fragmented ordeals with great difficulty, but still remains the oldest community of the Roanoke Valley. Gainsboro Neighborhood Alliance objectives involve Housing, Education, and Religion with Housing being the first priority because resident homeowners give stability, dignity, and value to a village center concept. National Historical Recognition of Gainsboro from Railroad to Orange and Fifth Street to Williamson Road, has been a project for Gainsboro Neighborhood Alliance for over three years, providing it can be done without further wasteful unnecessary expense of discussion and adaptive re-use due to an incomplete urban renewal, and without destroying the esthetic beauty of restored structures and the area. Maintenance, revitalization, and beautification have been concerns for over forty years, with emphasis during the last thirteen years on housing, landscaping, and beautification in an effort to gain identity, and caring homeowners. The Dumas Arts Edur.,~tion Center and Gainsboro need your support. Thank you. - P.S. I have almost completed writing the~HiStory of Gainsboro. Gainsboro neighborhood activists are hoping to immediately begin enforcement of code violations corrections with city management's assistance and establishment of restrictive cOvenants to prevent_further decline. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 20, 2001 File #54 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35658-111901 concurring in the resolution adopted by the Industrial Development Authority of the County of Botetourt, Virginia (the "Botetourt Authority") and approving the loan by the Botetourt Authority for the benefit of the Roanoke Valley Society for the Prevention of Cruelty to Animals, Inc., (the "RVSPCA") to assist in acquiring, constructing, and equipping a regional animal pound facility (the "Project"). The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Gerald A. Burgess, Clerk, Botetourt County, 1 West Main Street, #1, Intersection of Main and Roanoke Streets, Fincastle, Virginia 24090 James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant City Mar, ager for Community Development Robert L. White, Manager, Purchasing H:kAgenda.0lkNovember 19, 2001 corresp.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2001. No. 35658-111901. A RESOLUTION concurring in the resolution adopted by the Industrial Development Authority of the County of Botetourt, Virginia (the "Botetourt Authority") and approving the loan by the Botetourt Authority for the benefit of the Roanoke Valley Society for the Prevention of Cruelty to Animals, Inc., ( the "RVSPCA") to assist in acquiring, constructing, and equipping a regional animal pound facility (the "Project"). WHEREAS, the City Council ("Governing Body") of the City of Roanoke has been asked by the RVSPCA to concur in the resolution adopted by the Botetourt Authority regarding a loan by the Authority for the benefit of the RVSPCA to assist in acquiring, constructing, and equipping a regional animal pound facility; and WHEREAS, §15.74905, of the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia (1950), as amended (the "Act"), provides that ifa locality has created an industrial development authority, no industrial development authority created by another locality may finance a facility located in the first locality unless the governing body of such first locality concur~ in the inducement resolution adopted by such industrial development authority; and WHEREAS, the pound facility will be located in the City of Roanoke, Y~rginia, and operated for the benefit of the Counties of Roanoke and Botetoun, the City of Roanoke and the Town of Ifmton; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, lf~ginia, as follows: 1. City Council concurs with the resolution adopted by the Botetourt Authority and approves the loan by the Botetourt Authority for the benefit of the RVSPCA, as required by §15.2-4905 of the Act. 2. This resolution shall take effect immediately upon its adoption. ATTEST: City Clerk Adopted by the City Council of the City of Roanoke, Vkginia this 19th day of November, 2001. SEAL City Clerk, City Council of the City of Roanoke, ~ruginia CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk November 20, 2001 File #54 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35657-111901 authorizing and providing for an agreement between the City of Roanoke and the Roanoke Valley Society for the Prevention of Cruelty to Animals ("RVSPCA") relating to construction and operation of a new pound facility by the RVSPCA and provision of services at the new pound facility to the City, and others, by the RVSPCA, and concurring with the determination of the City's Purchasing Manager that the RVSPCA is the only source practicably available to perform such services, as more fully set forth in a communication from the City Manager dated November 19, 2001. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment H:L&genda.01kNovember 19, 2001 corresp.wpd Darlene L. Burcham November 21,2001 Page 2 pc: Mary H. Allen, Clerk, Roanoke County, P. O. Box 29800, Roanoke, Virginia 24018 Gerald A. Burgess, Clerk, Botetourt County, 1 West Main Street, #1, Intersection of Main and Roanoke Streets, Fincastle, Virginia 24090 Carolyn S. Ross, Clerk, Town of Vinton, 311 South Pollard Street, Vinton, Virginia 24179 James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant CityManager for Community Development Robert L. White, Manager, Purchasing Donald T. Thorne, Roanoke Valley Society for the Prevention of Cruelty to Animals, P. O. Box 11863, Roanoke, Virginia 24022 H:~Agenda.01~qovember 19, 2001 corresp.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2001. No. 35657-111901. A RESOLUTION authorizing and providing for an agreement between the City of Roanoke and the Roanoke Valley Society for the Prevention of Cruelty to Animals ("RVSPCA") relating to construction and operation of a new pound facility by the RVSPCA and the provision of services at the new pound facility to the City, and others, by the RVSPCA, and concurring with the determination of the City's Purchasing Manager that the RVSPCA is the only source practicably available to perform such services. BE IT RESOLVED~by the Council of the City of Roanoke that: 1. Council does hereby concur in the determination of the City's Purchasing Manager that the Roanoke Valley Society for the Prevention of Cruelty to Animals ("RVSPCA") is the only source practicably available to provide pound facility services. 2. The City Manager and the City Clerk are authorized to execute and attest, respectively, for and on behalf of the City, upon form approved by the City Attorney, a written agreement between the City, the Roanoke Valley Society for the Prevention of Cruelty to Animals, Roanoke County, Botetourt County and the Town of V'mton relating to the provision of pound facility services by the RVSPCA, all as more o fully set out in the City Manager's letter to City Council dated November 19, 2001. 3. Such agreement which shall be for a term through June 30, 2032, and which term shall begin On the earlier oi~ (1) the date the obligations are issued; or (2) the first day of the month aider the new pound facility is placed in service. ATTEST: City Clerk. RECEIVED ~ CITY CLERKs gFrt~,!FOffice of the City Manager '0! NOV14 November '1g, 200'1 :54 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice-Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of Council: Subject: Cooperative agreement between the Roanoke Valley Society for the Prevention of Cruelty to Animals (RVSPCA), the Counties of Botetourt and Roanoke, the Town of Vinton, and the City of Roanoke for regional animal pound services Background: For the past 40 years, RVSPCA has operated out of a converted farmhouse built in 1917 and located at 1313 Eastern Avenue. At various periods during that time, RVSPCA has accepted the responsibility to house and provide care for pound animals for Roanoke and Botetourt County, the Town of Vinton and the City of Roanoke. The facility is now dilapidated and inadequate. The State Veterinarian's inspectors have consistently rated the animal care provided by the RVSPCA as excellent; however, the physical facility was rated as deficient. The state has notified the participating local governments that it will begin levying fines for noted deficiencies. Both the RVSPCA and local governments have been independently seeking new facilities for the past several years as a result of the existing deficiencies. After extensive research, planning and numerous meetings, the RVSPCA and the various local governments have a progressive plan to develop a state 'of the art facility for animal management in the valley. These facilities, located next to the current facility, will house the RVSPCA operations as well as the pound operations of Roanoke County, Botetourt County, the Town of Vinton, and the City of Roanoke. The RVSPCA will continue to care for animals through its subsidiary, Animal Care Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci .roanoke.va .us Honorable Mayor and Members of Council November 19, 2001 Page 2 Services, Inc. (ACS). The two operations will be adjacent, sharing a roofline and other items in order to contain costs. This public private partnership will provide an improvement in the services for the animals and community in a manner that is more humane, efficient and economical. This co-location relationship will also facilitate the coordinated efforts of the RVSPCA and local governments in mutual projects such as: increased licensing, return of animals to owners, community wide humane education, and humane investigation. The RVSPCA has been actively pursuing the goal of building a new shelter and raising the necessary funds for many years. Their executive director and staff played a major role in researching successful animal welfare organizations with emphasis on the development of both physical plant and program plans for the new facility. Considerations: The current building is located in the flood plain and has experienced several floods. The facility is in violation of state regulations and the items must be quickly addressed. The following attachments contain detailed information regarding the project: · Attachment A, is a copy of the site plan and floor plan. · Attachment B, is a copy of the preliminary capital budget in an amount not to exceed $3,600,000.00 · Attachment C is a copy of the preliminary operating budget with an annual cost of $478,618.00. Attachment D, is a copy of the draft Roanoke Valley Regional Pound Facility Services Agreement, which has been reviewed by the local governments' respective attorneys. Note that schedule A of the agreement defines the percentage payments for the local governments based upon historic use of the current facility. The percentages will be adjusted every three years based upon actual use of the facility. The current City percentage is 51%. The term of the Agreement begins with the issuance of the obligations or the first day of the month after the new facility is placed in service and continues through June 30, 2032. The Agreement provides that the participating localities will indemnify and hold harmless the RVSPCA, and the RVSPCA will indemnify and hold harmless the participating localities, for the negligent of willful acts of omission or commission committed by the other party. Honorable Mayor and Members of Council November 19, 2001 Page 3 The RVSPCA will be the property owner and construction manager with a development and construction period estimated at 12 - 18 months and a summer 2003 completion date. The RVSPCA has already launched the Public Phase of its Capital Campaign. The RVSPCA contemplates a financing through issuance of bonds by the Botetourt County Industrial Development Authority. The Botetourt IDA passed a resolution authorizing issuance of industrial development revenue bonds in an amount not to exceed $3,800.000.00. The IDA's authorization is subject to the concurrence of this Council since the facility will be located within the City of Roanoke. City of Roanoke appropriations will be addressed in the FY 2003 budget. This joint partnership assists in accomplishing the goals of all parties. If each locality tried to build and operate separate facilities, the cost would be prohibitive. The City's Purchasing Manager has determined that the RVSPCA is the only source practicably available to perform pound facility services. Recommendations: City Council concur in the determination of the City's Purchasing Manager on the sole source issue and authorize the City Manager to enter into the Services Agreement, the form of which shall be approved by the City Attorney, with the RVSPCA, the Town of Vinton, Botetourt County and Roanoke County; and that City Council concur in the resolution adopted by the IDA of the County of Botetourt approving the loan by the IDA to benefit the RVSPCA. Re,~)ectfully submitted, City Manager DLB/RJ/ds Attachments C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Robert White, Purchasing Rolanda Johnson, Assistant City Manager for Community Development #CM01-00270 Estimated Capital and Startup Cost for Municipal Regional Pound 11/19/2001 Construction Cost* Site Grading Furnishings Equipment & Supplies Pre-Construction Costs Construction Pd. Interest Debt Issuance Costs Operating Reserve Fund Debt Reserve Fund Startup Cost Regional Pound Main Building 18,523 sq.ft. X $115.00 Outside building for farm animals, goats, pigs, etc. 600 sq.ft. X $ 60 1/2 cost of 480 sq.ft bldg connection to SPCA shelter (240 X $115) 19,363 sq.ft, x $28.00 Office areas for Animal Control, ACS's staff & citizen intake & release areas Cages, tables, computers, software, phones, etc. and installation Architect Fees, Attorney Fees, Land Purchase Costs Opening Balance (90 days x $460,000 annual operating budget) Opening Balance (estimate) $2,130,145 $36,000 $27,6O0 $542,164 $50,000 $276,698 $400,O00 $75,000 $100,000 $115,000 $100,000 $40,000 * This budget is based on cutting the present Pound plans from 20,872 sq. ft. to 18,523 sq. ft. by taking out one row of dog runs and by cutting the number of unloading bays from three to two. $3,892,607 RVSPCA New Regional Pound Facility Revised Operating Budget 11/19/2001 Revised budget estimate Salaries/VVage Payroll Tax Hospitalization Insurance Dental Insurance Workman Comp. Staff Medical Shots (Rabies) Wearing Apparel Utilities Telephone Animal Food/Cat Litter Cleaning Supplies Refuse Service Pest Control Syringes, Needles, Gloves Educational Expense Euthanasia Supplies Miscellaneous Office Supplies/Printing Postage Insurance Repairs/Maintenance Taxes, Licenses, Permits Vehicle Gas Vehicle Insurance Vehicle Repairs Dues & Subscriptions Shelter Equipment Expense Legal Fees/Audit Pager Service Prof Service Building Travel / Training Advertising Vet Fees - Injured Animals Flea & Tick Control Service Contract Fees Bud,qet $256 058.00 $22 300.00 $23 860.O0 $2 8O0.00 $3 80O.OO $4 50O.OO $1 5OO.OO $3O 000.00 $5 000.00 $8 000.00 $6 000.00 $4 5OO.OO $1 000.00 $2 500.00 $1 000.00 $4,500.00 $3,000.00 $3,200.00 $800.00 $7,500.00 $3,000.00 $400.00 $700.00 $1,800.00 $1,000.00 $200.00 $2,000.00 $6,300.00 $900.00 $1,000.00 $1,800.00 $2,000.00 $3,200.00 $6,000.00 $2,500.00 Revised salary estimate Pound Manager Front Desk Supervisor Front Desk Clerk F/T Front Desk Clerk P/T Lead Animal Caretaker Animal Caretaker Animal Caretaker P/T Janitorial, Grounds and Maintenance F/I- Salaries/VVa.qes 1 $29 64O.OO 1 $23 28O.O0 1 $19 240.00 1 $13 65O.OO 1 $21 32O.OO 5 $18 720.00 3 $12376.00 $29,640 $23,28O $19,240 $13,650 $21,320 $93,6OO $37,128 $424,618.00 Administration Fee: Administrator Accountant $54,0OO.OO 1 $18,200.00 $18,200 $256,058 TOTAL $478,618.00 Operating Budget based on a projection of the new municipal regional pound facility being operational in the Spring or early Summer of 2003. Unforeseen costs may develop in the areas of utilities, employment availability, changes in State Regulations, etc. TtI'O~R CRBt~K 13th STREET / / ~ U[~ITITI'~F[TTTT-Lt ROANOKE VALLEY REGIONAL POUND FACILITY SERVICES AGREEMENT THIS SERVICES AGREEMENT ("Agreement"), is made and entered into this day of November, 2001, by and between the CITY OF ROANOKE, VIRGINIA, the TOWN OF VINTON, VIRGINIA, the COUNTY OF ROANOKE, VIRGINIA, the COUNTY OF BOTETOURT, VIRGINIA, each of which is a political subdivision of the Commonwealth of Virginia (each a "Participating Locality" and collectively, the "Participating Localities"), and the ROANOKE VALLEY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC., (the "RVSPCA"). WHEREAS, the RVSPCA has been operating the existing pound facility for many years, and has housed, cared for, disposed of and offered for adoption animals from several local governments, including the Participating Localities, during all of that period due to the fact that said local governments have no facility in which to house said animals; and WHEREAS, the need for secure space for the impoundment of animals running at large and released in the community or collected by the Participating Localities is an essential service which is required to be provided by the Participating Localities and is necessary pursuant to the provisions of Section 3.1-796.96 of the Code of Virginia (1950, as amended) and local statutes and ordinances; and WHEREAS, the current demand for space has increased to the point that the existing pound facility is inadequate to serve the needs of the Participating Localities; and WHEREAS, it is the desire of the parties to this Agreement that the RVSPCA erect a new pound facility (the "New Pound Facility") to be managed by the RVSPCA; and WHEREAS, the Participating Localities desire to enter into a Service Agreement with the RVSPCA governing the parties' respective obligations before, during and after construction of the New Pound Facility; and WHEREAS, the RVSPCA may enter into an agreement with a subcontractor to operate the New Pound Facility to be erected by the RVSPCA; and WHEREAS, the RVSPCA and the Participating Localities desire to work together, with approval and/or input from an Advisory Board, in furtherance of this Agreement. WITNESSTH: NOW THEREFORE IN CONSIDERATION of the mutual covenants herein contained and subject to the conditions herein set forth, the parties mutually covenant and agree as follows: ARTICLE I Definitions Section 1.1 Definitions The capitalized terms in this Agreement have the meanings set forth below unless the context otherwise requires: (a) Advisory Board - has the meaning set forth in Section 2.1. (b) Animals - has the meaning set forth in Section 3.1. (c) Annual Budget - has the meaning set forth in Section 7.1. (d) Applicable Laws - means all applicable laws, ordinances, judgments, decrees, injunctions, writs and orders of any court, arbitrator or governmental agency or authority and all roles, regulations, orders, interpretations, licenses and permits of any federal, state, county, municipal, regional, foreign or other governmental body, instrumentality, agency or authority. (e) Authority - means the Industrial Development Authority of Botetourt County, Virginia. (f) Bonds - means the obligations issued by the Authority for the design, acquisition of the property, construction, equipping, financing and other costs of the New Pound Facility, including the Project Costs and Start Up Costs as well as refunding bonds and additional project bonds. (g) Facility. Cage - means the holding areas used for the Animals in the New Pound (h) Construction Costs - has the meaning set forth in Section 2.3. (i) Debt Service Reserve Fund - means the reserve fund established in Section 7.5. This Fund shall be capitalized, to the extent allowed by law, in the borrowing for the New Pound Facility. (j) Debt Service Component - means the portion of the Per Diem Charge that equals, in the aggregate for each Fiscal Year, the debt service on the Authority's Bonds or Notes for such Fiscal Year, plus the amount necessary during such period to fund or replenish the Debt Service Reserve Fund. (k) Expenses - means all expenses which may reasonably be determined by RVSPCA, subject to approval from the Advisory Board which approval shall not be unreasonably withheld, to be attributable directly or indirectly to the ownership or 2 operation of the New Pound Facility and payable as operating expenses in accordance with generally accepted accounting principles and shall also include debt service payments and other capital costs, required payments to the Reserve Funds and other reasonable or necessary payments required to comply with debt service coverage requirements imposed in connection with any Bonds. (1) Fiscal Year - means the annual accounting period from July 1 of one year to June 30 of the following year. (m) Section 7.4. Facility. Maintenance Reserve Fund - means the reserve fund established in This fund will not be capitalized in the borrowing for the New Pound (n) Net Expenses - means Expenses reduced by an amount equal to revenue from: (i) jurisdictions other than Participating Localities, (ii) reimbursements from the Commonwealth of Virginia, and (iii) any other revenue from sources other than Participating Localities. (o) New Pound Facility - means the new pound facility to be constructed and operated by the RVSPCA as provided herein. (p) Notes - means short-term obligations of the Authority including notes issued in anticipation of receipt of revenues or bond anticipation notes issued by the Authority. (q) Obligations - means the Notes or Bonds issued by the Authority. (r) Operating Component - means the portion of the Per Diem Charge that reflects Net Expenses for each Fiscal Year as set forth in the Annual Budget less the debt service and Debt Service Reserve Fund expenses reflected by the Debt Service Component. (s) Operating Reserve Fund - means the reserve fund established in Section 7.3. This Fund shall be capitalized, to the extent allowed by law, in the borrowing for the New Pound Facility. (t) Participating Localities - means the City of Roanoke, Virginia; the Town of Vinton, Virginia; the County of Roanoke, Virginia; and the County of Botetourt, Virginia, each a political subdivision of the Commonwealth of Virginia, and every other political subdivision that becomes a Participating Locality in the future pursuant to Article XIII of this Agreement. (u) Participating Locality Default - has the meaning given to such term in Section 16.2. (v) Per Diem Charge - means the uniform daily charge to each Participating Locality for the use of a Cage in the New Pound Facility for a day or any portion of a day as set forth in Section 7.1.1. (w) Placed in Service - means the first day a certificate of occupancy is issued for the New Pound Facility and the New Pound Facility is approved by the applicable local governmental authorities for use by the RVSPCA. (x) Project Costs - means reasonable and necessary costs incurred by the RVSPCA in connection with the New Pound Facility including, but not limited to, architect fees, engineering fees, legal fees, needs assessment costs, personnel costs incurred during construction until the New Pound Facility is completed, survey costs, design costs, financial service fees, and initial operating expenses of the New Pound Facility including the establishment of the Debt Service and Operating Reserve Funds. (y) Proportionate Share - means the portion of the Annual Budget allocable to each Participating Locality which shall be calculated by multiplying the Annual Budget by the Use Percentage for a Participating Locality. (z) Reserve Funds - means, collectively, the Debt Service Reserve Fund, the Maintenance Reserve Fund and the Operating Reserve Fund. (aa) RVSPCA Default - has the meaning given to such term in Section 16.1. (bb) Start Up Costs - means reasonable and necessary costs to open the New Pound Facility including, but not limited to, personnel costs incurred after construction is completed and before the New Pound Facility opens, utility costs and the like used in setting up the New Pound Facility for operation. (cc) Use Percentage - means the percentage of each Participating Locality's historical pro-rata use of the regional pound facility as set forth and determined in accordance with Schedule A. Article II Preliminary, Responsibilities Section 2.1 Advisory Board Responsibilities 2.1.1 Upon execution of this Agreement, an Advisory Board shall be formed. Members of the Advisory Board are the RVSPCA, any approved subcontractor, if one is retained, and the Participating Localities. The Advisory Board shall consist of two representatives appointed by the RVSPCA, a representative appointed by any approved subcontractor retained by the RVSPCA to operate the New Pound Facility, and one representative appointed by each of the four Participating Localities. If the RVSPCA 4 does not retain a subcontractor to operate the New Pound Facility, the RVSPCA shall appoint three representatives. Each representative shall serve at the will of the appointing member and may be summarily removed by the member, at any time, with or without cause. Additionally, the Executive Director of the RVSPCA shall serve as an ex-officio non-voting representative to the Advisory Board. The Advisory Board shall be responsible for general fiscal and management policy for the New Pound Facility and accordingly shall have the following duties: (a) To hold regular meetings: (i) to facilitate communications between the RVSPCA, any approved subcontractor operating the New Pound Facility and the Participating Localities; (ii) to provide advice in furtherance of this Agreement; and (iii) to consider matters for approval when required by this Agreement. (b) To consider for approval: (i) the final design, construction and equipping of the New Pound Facility; (ii) the employment and procurement of administrators; (iii) the initial adoption (prior to the New Pound Facility being Placed in Service) of rules, regulations, policies and guidelines for the operation and maintenance of the New Pound Facility; and (iv) the arrangements for financing the construction of the New Pound Facility. The RVSPCA may make changes in the design, construction and equipping of the New Pound Facility without the approval of the Advisory Board provided that: (i) such changes are minor and consistent with the original design and plans for the New Pound Facility; and (ii) each single change does not exceed Twenty Five Thousand Dollars ($25,000.000) in amount: and (iii) the aggregate amount of all changes that are not approved by the Advisory Board does not exceed One Hundred Thousand Dollars ($100,000.00). (c) To consider for approval any subcontractors, other than Animal Care Services, Inc., pursuant to Section 2.5. (d) To consider for approval the hours of operation for the New Pound Facility pursuant to Section 4.1.3. (e) To receive, review, and consider reports received by it from the RVSPCA pursuant to Section 4.1.15. (f) To receive, review, and consider for approval, which approval shall not be unreasonably withheld, all material reports to be filed by the RVSPCA with any federal, state or local department and/or agency as provided in Section 4.1.16. (g) To provide input, advice and/or approval on a timely basis as required by Section 5.1.13 including, but not limited to, the approval of all material reports to be filed as set forth in Section 2.1.1 (f) above. (h) To consider for approval the Annual Budget and the Per Diem Charge for the next Fiscal Year for the New Pound Facility as set forth in Section 7.1.1. (i) To set the rate charged to other jurisdictions as provided in Section 7.2. 0) To consider for approval, any unbudgeted disbursements from the Maintenance Reserve Fund as provided in Section 7.4. (k) To receive, review and consider monthly financial reports received from the RVSPCA with regard to the New Pound Facility as provided in Section 4.1.6. (1) To review, beginning with the fourth year of operation of the New Pound Facility and every three years thereafter, the usage criteria for the most recent three-year period and, if necessary, revise the Use Percentages as provided in Schedule A. 2.1.2 Except for the suspension of the voting rights of a representative of a Participating Locality that has failed to pay two or more payments (as discussed in Section 5.1.6), each representative shall have one vote on each matter coming before the Advisory Board. A Participating Locality whose representative's voting rights have been suspended may have its representative's voting rights reinstated immediately upon payment of all past due monthly installments of its Proportionate Share. Any representative entitled to vote and who is not present at a meeting may still vote on any matter by general or specific proxy or by specific instructions in writing. A quorum for the transaction of any particular business at a meeting of Advisory Board representatives shall exist if a majority of the representatives eligible to vote are present in person or represented by proxy or other written instruction. Except as otherwise provided herein, action of the Advisory Board shall be by majority vote of all the representatives eligible to vote. 2.1.3 Meetings of the Advisory Board shall be called at places within the Commonwealth of Virginia and at times fixed by resolution of the Advisory Board or upon call of the Chairman or a majority of the representatives. Representatives of the Advisory Board may participate in a meeting of the Advisory Board by, and the Advisory Board may conduct meetings through the use of, any means of communication whereby all persons participating in the meeting can simultaneously hear each other and participation at such meetings shall constitute presence in person at such meeting. A written record shall be made of any action taken at a meeting conducted by such means of communication. The order of business at a regular meeting shall be as follows: (a) roll call; (b) approval of minutes of the previous meeting; (c) public information period; (d) unfinished business; and (e) new business. 2.1.4 The Secretary or any representative performing the Secretary's duties shall give not less than 72 hours' notice in person or by letter or telephone, telegraph, teletype, or other form of wire or wireless communication of all meetings of the Advisory Board, provided that notice need not be given of regular meetings held at times and places fixed by resolution of the Advisory Board. Oral notice is effective when communicated if communicated in a comprehensible manner. Written notice is effective at the earliest of the following: (i) when received; (ii) three days after deposit in the United States mail, as evidenced by the postmark, if mailed post-paid and correctly addressed; (iii) on the date 6 shown on the remm receipt, if sent by registered or certified mail, remm receipt requested, and the receipt is signed by or on behalf of the addressee. Meetings may be held at any time without notice if all the representatives are present, or those not present waive notice as provided in Section 2.1.6 hereof. Notice of meetings of the Advisory Board need not state the purpose of the meeting. Notwithstanding anything contained in this Section 2.1.4 to the contrary, a mandatory fifteen (15) day prior written notice of an Advisory Board meeting shall be provided by the Secretary or any representative performing the Secretary's duties to all Advisory Board representatives if the following items are discussed and voted upon at the Advisory Board meeting: (a) a change in the Annual Budget; (b) a change in the Per Diem Charge; or (c) use of Reserve Funds except in a manner provided for in the Annual Budget previously approved by the Advisory Board. 2.1.5 Any action that may be taken at a meeting of the Advisory Board may be taken without a meeting if one or more unanimous consents in writing, setting forth the actions that are taken, are signed either before or after such action by all of the Advisory Board representatives eligible to vote. The signed consents shall be delivered to the Secretary or other representative performing such duties for inclusion in the Advisory Board's records. Such actions shall be effective when the last representative signs the consent, unless the consent specifies a different effective date in which case the action taken shall be effective on the date specified therein. Any such consent shall have the same force and effect as a unanimous vote of the representatives. 2.1.6 A representative may waive any notice required by this Agreement before or after the date and time stated in the notice and such waiver shall be equivalent to the giving of such notice. Except as provided in the next sentence hereof, the waiver shall be in writing, signed by the representative entitled to the notice and filed with the Advisory Board records. A representative's attendance at or participation in a meeting waives any required notice to the representative of the meeting unless the representative at the beginning of the meeting or promptly upon his or her arrival objects to holding the meeting or transacting business at the meeting and does not thereafter vote for or consent to action taken at the meeting. 2.1.7 A representative who is present at a meeting of the Advisory Board when an Advisory Board action is taken is deemed to have assented to the action taken unless: (a) the representative objects, either at the beginning of the meeting or promptly upon his or her arrival, to holding the meeting or transacting specified business at the meeting; or (b) the representative votes against, or abstains from, the action taken. The Secretary or any other representative performing the Secretary's duties shall maintain accurate records of all votes of the Advisory Board. 2.1.8 Third parties dealing with the Advisory Board shall be entitled to rely conclusively upon the power and authority of the representatives as set forth herein, subject only to the express limitations set forth in this Agreement or by law. 2.1.9 The Advisory Board shall elect a Chairman, a Vice Chairman and a Secretary from the representatives appointed by its members. They shall hold office until his or her successor is elected or he or she resigns, unless sooner removed from office as provided in Section 2.1.11. Following the initial election of officers, officers shall be elected at the regular meeting of the Advisory Board in June of each year. Officers shall serve for a term of one Fiscal Year. Officers may be re-elected to more than one term. 2.1.10 Any officer of the Advisory Board may be removed from their officer position summarily, with or without cause, at any time, by the Advisory Board. Officer vacancies may be filled by the Advisory Board. 2.1.11 The Chairman shall preside over all Advisory Board meetings and shall appoint from time to time such committees as he or she may deem appropriate. In addition, the Chairman shall perform such other duties as may be assigned to him or her from time to time by the Advisory Board including, but not limited to, providing monthly reports to the Advisory Board. 2.1.12 The Vice Chairman shall preside at all meetings of the Board when the Chairman is not in attendance and shall have such other powers or duties as may be assigned to him or her from time to time by the Advisory Board. 2.1.13 The Secretary shall act as secretary of all meetings of the Advisory Board. The Secretary shall prepare and preserve the minutes of all such meetings in permanent books. Copies of the minutes of a meeting shall be mailed to each representative prior to the next meeting of the Advisory Board. He or she shall see that all notices that are required to be given by the Advisory Board are duly given and served; shall have custody of all important Advisory Board documents; shall have charge of the books, records, and papers of the Advisory Board and shall in general perform all the duties incident to the office of Secretary and such other duties as from time to time may be assigned to the Secretary by the Advisory Board. Section 2.2 RVSPCA Preliminary Responsibilities Before the New Pound Facility is Placed In Service, the RVSPCA shall be responsible, subject to approval by the Advisory Board as provided in Section 2.1.1(b), for: (i) the final design, construction and equipping of the New Pound Facility; (ii) the employment and procurement of administrators; (iii) the initial adoption of rules, regulations, policies and guidelines for the operation and maintenance of the New Pound Facility; and (iv) the arrangements for financing the construction of the New Pound Facility. Section 2.3 Aureement to Finance The total costs for the acquisition of property for, design, construction and equipping of the New Pound Facility (the "Construction Costs") as well as the Project Costs and Start Up Costs are not to exceed $3,600,000.00. The RVSPCA intends to finance the cost of the purchase of the property for the New Pound Facility, the construction of the New Pound Facility, the equipping of the New Pound Facility, the 8 Project Costs and Start Up Costs incurred by the RVSPCA, including expenses associated with the financing, through the issuance by the Authority of Bonds or other indebtedness. In addition, in advance of the issuance of Bonds or other indebtedness, the Authority may issue bond anticipation notes or other short-term obligations. Section 2.4 Reimbursement to RVSPCA for Proiect Costs and Start Up Costs To the extent the RVSPCA is not reimbursed from the financing proceeds (as set forth in Section 2.3), RVSPCA shall be reimbursed by the Participating Localities for the Project Costs and Start Up Costs it has incurred, not to exceed a total of $440,000.00 subject to appropriation, within thirty (30) days after written request from RVSPCA. Each Participating Locality shall pay a portion of the total Project Costs and Start Up Costs equal to its Use Percentage multiplied by the total amount. Section 2.5 Operational Control~ Right to Subcontract Subject to the provisions of this Agreement including without limitation the input and approval roles of the Advisory Board, RVSPCA and their approved subcontractors shall be responsible for the day to day management and operation of the Pound Facility. Throughout the term of this Agreement, RVSPCA may subcontract with Animal Care Services, Inc., a wholly owned subsidiary ("ACSI"), and, subject to the approval of the Advisory Board, with any Participating Locality, private person or other entity for management oversight, financial, personnel, engineering, procurement, legal or other services upon terms and conditions to be agreed upon between the RVSPCA and the service provider provided, however, that RVSPCA will not take any action or omit to take any action which would adversely affect the tax exemption discussed in Article XII. ARTICLE III Acceptance of Animals Section 3.1 Acceptance of Animals Immediately after the New Pound Facility is Placed In Service, the RVSPCA, which may act through ACSI or another approved subcontractor, shall be responsible for: (i) accepting, housing in Cages and caring for cats, dogs and all other animals that the New Pound Facility is equipped to handle as mutually agreed upon by RVSPCA and the Participating Localities (the "Animals") and which are delivered to the New Pound Facility by any representative of the Participating Localities authorized by the Participating Localities to confiscate such Animals for impoundment; (ii) receiving and housing in Cages stray Animals as turned in by residents of the Participating Localities who are not the owner of the Animal ("Stray Animals"); and (iii) receiving and housing in Cages Animals turned in by residents of the Participating Localities who are the owner of the Animal ("Owner Release Animals"). ARTICLE IV The RVSPCA Responsibilities Section 4.1 RVSPCA Obligations In addition to any other conditions contained herein, the RVSPCA agrees: 4.1.1. To either: (i) transfer Animals to the shelter (also mn by the RVSPCA) for adoption; or (ii) to hold Animals in the New Pound Facility for the statutorily required time period, or as otherwise requested by the Participating Locality, until transfer to the shelter or redemption; or, (iii) acting through ACSI or another approved subcontractor, to euthanize all Animals not transferred or redeemed, pursuant to the Applicable Laws of the Participating Localities and the Commonwealth of Virginia and in compliance with all other Applicable Laws promulgated by agencies responsible for the oversight of such facilities and operation including, but not limited to, the United States Drug Enforcement Administration, the Virginia Department of Health and the Virginia Department of Agriculture and Consumer Services. Any Animal held in the New Pound Facility, at the request of the RVSPCA or any subcontractor, for more than three days beyond the statutorily required time period or other period requested by the Participating Locality, shall be held at the expense of the RVSPCA and subject to the availability of space. 4.1.2. Acting through ACSI or another approved subcontractor, to provide controlled drugs for euthanasia to be performed in the New Pound Facility and to obtain and maintain all applicable licenses and documentation required by the Virginia Board of Pharmacy and the United States Drug Enforcement Administration. 4.1.3. Subject to the approval of the Advisory Board, to maintain and publicize appropriate hours of operation at the New Pound Facility for the public and for the impoundment of Animals and as required by Applicable Laws; provided, however, that the New Pound Facility may be closed at such times deemed by RVSPCA to be appropriate and compatible with the sound operation of the New Pound Facility. 4.1.4. The RVSPCA shall maintain hazard, liability or such other insurance as may be required by Applicable Laws, by this Agreement, or which the RVSPCA may deem advisable. During the life of this Agreement, the RVSPCA, and any and all subcontractors (including ACSI), shall maintain insurance with a company licensed to transact business in the Commonwealth of Virginia and approved by the Participating Localities, which approval shall not be unreasonably withheld or delayed, and shall furnish the Participating Localities with certificates of insurance which shall also include insurance deductibles, if applicable. With respect to the Commercial General Liability coverage, the certificates shall name the Participating Localities, their officers, agents and employees, and volunteers as additional insured parties, providing coverage against any and all claims and demands made by any person or persons whomsoever for property damages or bodily injury (including death) incurred in connection with the services to be provided under this Agreement. With respect to Workers' Compensation coverage, if 10 applicable, the RVSPCA's insurance company and the approved subcontractor's insurance company shall waive rights of subrogation against the Participating Localities, their officers, agents and employees and volunteers. At a minimum, such insurance shall include the following: mo Commercial General Liability: $1,000,000.00 1. $1,000,000.00 General Aggregate Limit (other than Products/Completed Operations). $1,000,000.00 Products/Completed Operations Aggregate Limit. $1,000,000.00 Personal Injury and Advertising Injury Liability (including liability for slander, libel, and defamation of character). $1,000,000.00 each occurrence limit (including contractual). Bo Workers' Compensation: statutory coverage for Virginia Employer's Liability: 1. $200,000.00 Bodily Injury by Accident each Occurrence. 2. $500,000.00 Bodily Injury by Disease Policy Limit. 3. $200,000.00 Bodily Injury by Disease each Employee. C. The above limit amounts may be met by an umbrella liability policy following form of the underlying primary coverage in a minimum amount of $1,000,000.00. D. Proof of Insurance Coverage: 1. The RVSPCA shall furnish the Participating Localities with the required certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. 2. The required certificates of insurance shall contain substantially the following statement: "Should any of the above described policies be canceled before the expiration date thereof, the issuing company shall provide 30 days written notice to (fill in Participating Localities Contact Person's Name, Title, Address)." 4.1.5. To maintain accurate written accounts of all Animals impounded, on behalf of the Participating Localities, and delivered to the New Pound Facility by the Participating Localities or Stray Animals and Owner Release Animals delivered to the New Pound Facility by citizens of the Participating Localities and the Cages used to house such Animals. 4.1.6. To provide monthly financial reports to the Advisory Board, in a mutually agreed upon form, and to permit authorized representatives of the Participating Localities to inspect the New Pound Facility's records during regular, posted office hours with prior written notice of at least forty-eight (48) hours. 11 4.1.7. To carry out all procedures at the New Pound Facility required by Applicable Laws with respect to any impounded Animal which has bitten a person or which is to be held for a trial or hearing. With respect to any bite or injury not occurring at the New Pound Facility, RVSPCA is not required to perform any investigative services to obtain information regarding the incident itself. 4.1.8. To allow access to the New Pound Facility twenty-four (24) hours per day, seven (7) days a week to authorized law enforcement officers. 4.1.9. To allow the Participating Localities to park necessary assigned law enforcement vehicles, as well as such officers' personal vehicles, on the New Pound Facility's premises at the Participating Localities' and the personal vehicle owner's own risk. 4.1.10. Acting through ACSI or another approved subcontractor, to provide for the lawful disposal of euthanized Animals. 4.1.11. To provide reasonable office space for animal control and law enforcement personnel from the Participating Localities at no additional cost to the Participating Localities. 4.1.12. To provide regular maintenance and cleaning of all areas within the New Pound Facility, including unloading and impoundment areas. 4.1.13. Without the prior written consent of the Participating Localities and the holders of the Obligations, the RVSPCA will not sell, lease, sublease, assign, convey or otherwise voluntarily dispose of the New Pound Facility unless the Notes, Bonds, and any other Obligations issued for the New Pound Facility have been or will be paid or deemed defeased in accordance with the agreements pursuant to which they were issued and the term of this Agreement is over. 4.1.14. To collect any fees imposed by the Participating Localities consistent with current practice and remit such collected fees to the Participating Localities on a monthly basis by the tenth (10th) day of the following month to the person designated by each Participating Locality to accept such fees. 4.1.15. To provide to the Advisory Board, within one week of receipt, all reports regarding the New Pound Facility received by the RVSPCA from any federal, state or local department and/or agency including, but not limited to, the Virginia Department of Agriculture and Consumer Services, the Virginia Department of Interior and the Virginia Board of Pharmacy. 4.1.16. To provide to the Advisory Board for review and approval prior to filing, all material reports to be filed by the RVSPCA with any federal, state or local department and/or agency including, but not limited to, the Virginia Department of Agriculture and Consumer Services, the Virginia Department of Interior and the Virginia Board of 12 Pharmacy regarding the New Pound Facility provided, however, that RVSPCA will file all reports on a timely basis. 4.1.17. To designate Advisory Board representatives and a person with whom communication is to be made pursuant to this Agreement. 4.1.18. To provide reasonable veterinary services for Animals that become injured or ill during confinement in the New Pound Facility in accordance with a mutually agreed upon procedure (including Participating Locality pre-approvals) and, once the applicable funds in the Annual Budget have been fully used, subject to reimbursement from the applicable Participating Locality in accordance with the agreed upon procedure. Critically injured or ill animals that arrive at the New Pound Facility shall be either: (i) stabilized and treated at the direction and expense of the applicable Participating Locality (and in accordance with a mutually agreed upon procedure); or (ii) euthanized at the direction of the Participating Locality. 4.1.19. RVSPCA and its subcontractors shall provide their services hereunder in a good and workmanlike manner. THIS IS THE EXCLUSIVE WARRANTY OFFERED BY RVSPCA AND ITS SUBCONTRACTORS AND IS IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ARTICLE V The Participating Localities Responsibilities Section 5.1 Participating Locali .ty Obligations In addition to any other agreements contained herein, each of the Participating Localities agrees: 5.1.1. Once the New Pound Facility is Placed in Service, each Participating Locality shall be liable to the RVSPCA for the Per Diem Charge for each Cage used for an Animal (including Stray Animals and Owner Release Animals) from a Participating Locality that is kept in the New Pound Facility (collectively, the "Participating Locality's Per Diem Charge Liability"). The provisions of Section 5.1.3 shall govern payment of the Participating Locality's Per Diem Charge Liability. 5.1.2 Once the New Pound Facility is Placed in Service, each Participating Locality shall pay to the RVSPCA its Proportionate Share in twelve (or less, if the Fiscal Year is not a full year) equal monthly installments, subject to appropriation of funds for such purpose by the governing body of the Participating Locality. Each monthly installment shall be paid to the RVSPCA on or before the twenty fifth (25th) day of that month. 13 5.1.3. A Participating Locality shall not be required at any time during the Fiscal Year to pay any portion of the Participating Locality's Per Diem Charge Liability if the Participating Locality pays on a timely basis all of the installments of its Proportionate Share. However, if at any time during a Fiscal Year a Participating Locality fails to pay any single installment of its Proportionate Share and such failure is not corrected within ten (10) days after receipt of written notice from RVSPCA, the Participating Locality shall thereafter pay, from time to time during the Fiscal Year and within forty-five (45) days after demand, invoice(s) provided by the RVSPCA and in amounts equal to the then accrued but unpaid Participating Locality's Per Diem Charge Liability for the Fiscal Year. A Participating Locality shall not be required at any time during the Fiscal Year to pay any portion of the Participating Locality's Per Diem Charge Liability if the total, at that point in time, of the prior payment by the Participating Locality for the Fiscal Year of: (i) installments of its Proportionate Share; and (ii) invoices for the Participating Locality's Per Diem Charge Liability, equals or exceeds the total amount of the monthly installments of the Participating Locality's Proportionate Share then due and payable. 5.1.4. In the event the total Net Expenses for a Fiscal Year exceed the total amounts collected from the Participating Localities pursuant to Sections 5.1.2 and 5.1.3, each Participating Locality shall pay an amount equal to the excess Net Expenses multiplied by the Use Percentage for that Participating Locality, subject to the appropriation of funds for such purpose by the governing body of the Participating Locality. Such amounts shall be paid by each Participating Locality within forty-five (45) days after receipt of an invoice from RVSPCA and shall be used by RVSPCA only to pay unpaid Net Expenses including the replenishment of Reserve Funds. 5.1.5 If not paid when due, any unpaid installment of the Proportionate Share of a Participating Locality or any other amount payable by a Participating Locality hereunder shall bear interest, to the extent allowed by law, at the legal rate as set forth in §6.1-330.53 of the Code of Virginia (1950), as amended, or its successor section, and be subject to a 10% penalty, to the extent allowed by law. 5.1.6 If two or more payments required to be made by a Participating Locality under this Article V are not paid when due, the privilege of that Participating Locality's representative to vote on all Advisory Board matters shall be suspended until all delinquent and unpaid amounts are paid in full by the Participating Locality. 5.1.7. To deliver to the RVSPCA at its New Pound Facility all Stray Animals and all Animals confiscated for running at large in the Participating Locality or otherwise violating Applicable Laws. 5.1.8. To provide, at its expense, all equipment and supplies required to administer its animal control functions under this Agreement including, but not limited to, vehicles, communications, and forms when appropriate. 14 5.1.9. To designate an Advisory Board representative and a designated person with whom communication is to be made pursuant to this Agreement. 5.1.10. To require the Participating Locality's animal control officers and other workers to comply with the reasonable rules and regulations of the RVSPCA as they pertain to the operation of the New Pound Facility. 5.1.11. To permit the RVSPCA to have control over all Animals in the New Pound Facility once the Animals are delivered to the New Pound Facility by the animal control officers, subject, however, to the requirement that RVSPCA shall comply with all Applicable Laws, and with the exception that Animals charged with being vicious or dangerous or otherwise required for evidence shall remain under the ultimate control of the Participating Locality until such time as the Participating Locality relinquishes control, in writing, to the RVSPCA. 5.1.12. To promptly notify RVSPCA of any changes in the provisions of the codes of the Participating Locality, the laws of the Commonwealth of Virginia as well as other Applicable Laws and the pertinent rules, regulations and procedures governing the animal control functions of the Participating Locality. 5.1.13. To provide on a timely basis all Participating Locality reviews and approvals and Advisory Board input and approvals set forth in this Agreement. 5.1.14. If for any reason other than a default by RVSPCA described in Section 16.1, the New Pound Facility is not constructed or Placed In Service, or if no Animals are placed at the New Pound Facility, each Participating Locality shall reimburse the RVSPCA for its share of all Net Expenses and Project Costs and Start Up Costs for the New Pound Facility incurred by RVSPCA and not previously paid by the Participating Localities; provided, however, that the payment required by any Participating Locality will be subject to the appropriation of funds for such purpose by the goveming body of the Participating Locality. Each Participating Locality's share of all Net Expenses and Project Costs and Start Up Costs shall be calculated by multiplying the total unpaid amount by the Use Percentage for that Participating Locality. 5.1.15. Pursuant to Virginia Code Section 2.2-4343.1(D), the Participating Localities give notice that they do not discriminate against faith-based organizations. ARTICLE VI Annual Report Section 6.1 Annual Report The RVSPCA shall provide to the Participating Localities, on or before December 1st of each year, a report audited by an independent certified public accountant selected 15 by the Advisory Board and showing the quantity and types of Animals received during the prior year as well as the disposition of those Animals, broken down by Participating Locality, for the preceding Fiscal Year. ARTICLE VII Annual Budget~ Funds Section 7.1 Annual Budget Preparation 7.1.1. Subject to approval from the Advisory Board, which approval shall not be unreasonably withheld, the RVSPCA shall provide to the Participating Localities, on or before February 1 st of each year, the Annual Budget for the next Fiscal Year for the New Pound Facility including any proposed capital projects (for planning purposes) and use of funds from the Maintenance Reserve Fund (together with any approved amendments, the "Annual Budget"). For each Fiscal Year in which the New Pound Facility will be in operation, such Annual Budget shall set forth the Operating Component and the Debt Service Component of the Per Diem Charge for the use of a Cage in the New Pound Facility by the Participating Localities as well as the projected number of Cages to be used by each Participating Locality during the Fiscal Year. Such Per Diem Charge shall be sufficient to generate revenue adequate to pay anticipated Net Expenses and to fund the Reserve Funds. Subject to approval from the Advisory Board, which approval shall not be unreasonably withheld, the Per Diem Charge shall be revised during the year upon ninety (90) days prior written notice from the RVSPCA to the Participating Localities when the actual Net Expenses are materially and substantially greater than the budgeted Net Expenses. The RVSPCA agrees to set, and revise as needed (with approval from the Advisory Board as previously stated), the Operating Component in an amount sufficient to generate revenue adequate to pay Net Expenses (other than the Debt Service Component) and to fund the Operating Reserve Fund and the Maintenance Reserve Fund for the care, maintenance and subsistence of the Animals and the maintenance and repair of the New Pound Facility. RVSPCA also agrees to set, and revise as needed (with approval from the Advisory Board as previously stated), the Debt Service Component in an amount sufficient to generate revenue adequate to pay debt service on the Authority's Bonds and Notes and to fund the Debt Service Reserve Fund. The budgeted amounts set forth in an Annual Budget shall be reduced ratably and proportionately if the first and last years of the term of this Agreement are less than a full year in length. 7.1.2. Each Participating Locality hereby recommends that its City Manager, County Administrator, or Town Manager, as the case may be, include in each annual budget submitted to the governing body of his or her jurisdiction or in an amendment thereto, sufficient funds to cover the Participating Locality's Proportionate Share due to the RVSPCA in each Fiscal Year or as may be required by Section 5.1.14. Each Participating Locality's City Manager, County Administrator, or Town Manager, as the case may be, shall notify the RVSPCA: (i) by July 1 of each year, of the amount so 16 budgeted by the Participating Locality, and (ii) at any time, of any amendments to the amount so budgeted by the Participating Locality. 7.1.3. To assist the Participating Localities in estimating their obligations to the RVSPCA, the RVSPCA will develop a policy, which it may amend from time to time, for forecasting its revenues and expenditures over future periods of up to five years beyond the then current Fiscal Year for the New Pound Facility. The forecast will be revised annually and distributed to the Participating Localities during their annual budget setting process. 7.1.4. A preliminary Annual Budget for the first year of operation of the New Pound Facility has been initially reviewed by RVSPCA and the Participating Localities. As final data is obtained for both the Operating Component and the Debt Service Component for the first year of operation of the New Pound Facility, or part thereof, RVSPCA will submit revised budgets to the Participating Localities for their fiscal budgeting process as set forth in this Article VII. Section 7.2 Payments from Other Jurisdictions Within the limits allowed by Applicable Laws, the RVSPCA, with approval from the Advisory Board, shall establish a per diem charge or charges (which may be greater than the amounts charged to the Participating Localities) for the use of Cages and the care, maintenance and subsistence of Animals from non-participating localities. Such non-member per diem charges shall be due and payable to the RVSPCA from non- participating localities having animals in the New Pound Facility no later than 45 days from receipt of the invoices and if not paid when due shall bear interest and penalty at such rate as the RVSPCA shall establish unless otherwise provided by Applicable Law. Section 7.3 Operating Reserve Fund An Operating Reserve Fund shall be established as a separate account and shall be used to cover cash flow during periods when the RVSPCA's revenues may not be sufficient to cover its Net Expenses other than the Debt Service Component and required payments to Reserve Funds. Initially, the Operating Reserve Fund shall be established in an amount necessary to pay all Net Expenses set forth in the Annual Budget (other than the Debt Service Component and required payments to Reserve Funds) for a ninety (90) day period (the "90 Day Level") and shall be capitalized, to the extent allowed by law, from the original borrowing. Thereafter, the total aggregate amount contributed to the Operating Reserve Fund shall not exceed the 90 Day Level. Any amount received for the Operating Reserve Fund in excess of the 90 Day Level shall be first applied by the RVSPCA to bring the balances in the other Reserve Funds to their required levels (as set forth in this Agreement and shown in the Annual Budget) and any funds then remaining shall be credited (and applied against future payments) to the Participating Localities in proportion to the revenues received from each Participating Locality in the month the excess funds are received. In order to maintain the balance in this account at the 90 Day Level, the RVSPCA shall include an amount in the Annual Budget (which shall be 17 reflected in the Per Diem Charges) of fifteen percent (15%) of the operating budget for the Fiscal Year. In the event the amount of the Operating Reserve Fund falls below an amount necessary to pay all Net Expenses set forth in the Annual Budget (other than the Debt Service Component and required payments to Reserve Funds) for a sixty (60) day period (the "60 Day Level"), the Participating Localities shall pay sufficient amounts, including the budgeted 15% payments, to replenish the Operating Reserve Fund to the 60 Day Level within six months after the amount of the Operating Reserve Fund drops below the 60 Day Level. Section 7.4 Maintenance Reserve Fund The RVSPCA agrees to provide for a Maintenance Reserve Fund in each of its Annual Budgets (with contributions to the Fund to be reflected in the Per Diem Charges) in an amount equal to ten percent (10%) of the budgeted Net Expenses for the Fiscal Year, not including the Debt Service Component and required payments to Reserve Funds, until such time as the total aggregate amount contributed to the Maintenance Reserve Fund equals fifteen percent (15%) of the actual Construction Costs of the New Pound Facility. The Maintenance Reserve Fund shall be established as a separate account, shall be administered by the RVSPCA subject to approval from and monitoring by the Advisory Board, and shall be used by the RVSPCA for the repair and replacement of the New Pound Facility and the Cages and other equipment, catastrophic losses and capital expenditures to maintain the New Pound Facility and the equipment in good operating condition. Any disbursements from the Maintenance Reserve Fund, not otherwise budgeted as part of the Annual Budget, shall be subject to approval by the Advisory Board. Section 7.5 Debt Service Reserve Fund The RVSPCA agrees to provide for a Debt Service Reserve Fund as reasonably required by the lender providing financing for the New Pound Facility. This Fund shall be capitalized, to the extent allowed by law, in the borrowing for the New Pound Facility. Section 7.6 Allocation of Excess Reserve Funds If at the end of any Fiscal Year there are funds in any of the Reserve Funds in excess of the amounts required to be maintained in that Fund and there is also a deficiency in an amount required to be maintained in one of the other Reserve Funds, RVSPCA, with approval from the Advisory Board, shall transfer sufficient excess funds to bring another Reserve Fund to its required level. Funds shall be transferred to the Reserve Funds in the following order: (i) Debt Service Reserve Fund; (ii) Operating Reserve Fund; and (iii) Maintenance Reserve Fund. Section 7.7 Distribution of Excess Funds If at the end of any Fiscal Year: 18 (1) the total revenues collected by the RVSCPA for the Fiscal Year exceed the total off (i) the Expenses paid by the RVSPCA during the Fiscal Year; plus (ii) the accrued liability at the end of the Fiscal Year for unpaid Expenses incurred by RVSPCA; and there are excess cash funds available for distribution in such amount (hereinafter defined as the "Excess Funds"); and (2) all of the Reserve Funds have been fully funded to their maximum required levels as set forth herein; then, (x) one-half (1/2) of the Excess Funds shall be refunded to all of the Participating Localities with each Participating Locality's proportionate amount to be equal to the total revenues paid by each Participating Locality during the Fiscal Year divided by the total revenues paid by all Participating Localities during the Fiscal Year; and (y) one-half (1/2) of the Excess Funds shall be paid to the RVSPCA to be used for RVSPCA programs that serve to reduce the number of Stray Animals and Owner Release Animals. ARTICLE VIII Non-Appropriation of Funds Section 8.1 Non-Appropriation of Funds Although the Participating Localities reasonably believe that they will continue to have an essential need and requirements, pursuant to Applicable Laws, for the impoundment, office, related facilities and services indicated above for the duration of this Agreement, and reasonably believe that funds will be available and appropriated to make all payments for the original term of this Agreement, the obligation of each Participating Locality to make payments required by this Agreement, other than payments of the Participating Locality's Per Diem Charge Liability in accordance with the terms of Article V, shall be subject to and contingent upon appropriations being made for such purposes by the Participating Locality's governing body. Any other provision to the contrary notwithstanding, this Agreement and the obligations herein shall not constitute a debt of the Participating Localities within the meaning of any limitation on indebtedness of the Participating Localities under any constitutional or statutory limitation, and nothing in this Agreement shall constitute a pledge or the full faith and credit of any Participating Locality under any provision of its Charter, as applicable, or the Constitution of Virginia. Section 8.2 Agreement to Procure RVSPCA Services At any time during the thirty (30) years constituting the original term of this Agreement that funds are appropriated and are available for the purchase, lease or rental 19 of facilities by the Participating Localities to perform, either internally through its own operations or externally through the purchase of services from a service provider, a similar function as the New Pound Facility described herein, the Participating Localities shall, to the maximum extent permitted by Applicable Laws, use such funds to procure such facilities and services from the RVSPCA. ARTICLE IX Books and Records The RVSPCA or its approved subcontractor shall maintain proper books of record and accounts in which proper entries shall be made in accordance with generally accepted accounting principles for governmental bodies, consistently applied, of all of its business and affairs related to the New Pound Facility. The RVSPCA shall also establish and maintain adequate financial policies and procedures to ensure the safeguarding of the New Pound Facility. All books of record and accounts and documents in the RVSPCA's and its approved subcontractor's possession relating to the New Pound Facility shall at all reasonable times be open to inspection by such agents or employees of the Participating Localities as they may designate upon forty-eight (48) hours prior notice. The RVSPCA shall have an annual audit performed by an independent certified public accountant, selected by the Advisory Board, with regard to finances associated with the New Pound Facility. A copy of this audit shall be provided to the Participating Localities on or before December 1 of each year. ARTICLE X Participating Localities Indemnify RVSPCA Section 10.1 Participating Localities Indemnity To the extent permitted by law, a Participating Locality shall indemnify and hold harmless the RVSPCA and its officers, directors, employees, agents, volunteers and subcontractors (collectively, the "RVSPCA Indemnified Parties") for, from and against any and all claims for bodily and personal injuries, deaths, property damage and clean up costs, including costs of investigation, all expenses of litigation (to the extent the matter is not defended by the indemnifying party's counsel) including reasonable attorneys fees and the cost of appeals arising out of any such claims or suits, liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses and disbursements (collectively, the "Indemnified Losses") which may be imposed on, incurred by or asserted against a RVSPCA Indemnified Party and directly arising out of any and all negligent or willful acts of omission or commission by the Participating Locality, its officers, agents, volunteers, employees or subcontractors in the performance of this Agreement or any transactions contemplated hereby; provided, however, the Participating Locality shall not be liable for any portion of the foregoing Indemnified Losses to the extent that such portion arises from the contributory negligence, gross negligence or 20 willful misconduct of such RVSPCA Indemnified Party. An RVSPCA Indemnified Party shall promptly notify the Participating Localities of an indemnification claim and give the Participating Localities information, assistance and exclusive authority to settle and defend such claim. Section 10.2 Sovereign Immunity The RVSPCA acknowledges and agrees that the Participating Localities do not waive and specifically preserve their right of sovereign immunity under the statutory and case law of the Commonwealth of Virginia. It is further agreed that the above indemnification provisions apply only to the extent that the Indemnified Parties give notice of any claim as required by the laws of the Commonwealth of Virginia. ARTICLE XI RVSPCA Indemnifies Participating Localities Section 11.1 RVSPCA Indemnity RVSPCA hereby agrees to indemnify and hold harmless the Participating Localities and their officers, agents, employees, volunteers and subcontractors (collectively, the "Participating Locality Indemnified Parties"), for, from and against any and all claims for Indemnified Losses which may be imposed on, incurred by or asserted against a Participating Locality Indemnified Party and directly arising out of any and all negligent or willful acts of omission or commission by the RVSPCA, its officers, agents, employees, volunteers or subcontractors in the performance of this Agreement or any transactions contemplated hereby; provided, however, that the RVSPCA shall not be liable for any portion of the foregoing Participating Locality Indemnified Losses to the extent that such portion arises from the contributory negligence, gross negligence or willful misconduct of the Participating Locality Indemnified Party. A Participating Locality Indemnified Party shall promptly notify RVSPCA of an indemnification claim and give RVSPCA information, assistance and exclusive authority to settle and defend such claim. Section 11.2 Limitation of Liability The total liability of RVSPCA, including its directors, officers, agents, employees, volunteers and subcontractors, for all claims of any kind for any loss or damage, whether in contract, warranty, tort, strict liability or otherwise, arising out of, connected with, or resulting from the performance or non-performance of this Agreement or the furnishing of any service hereunder, shall not exceed the greater of: (i) the amount of any insurance coverage required under the terms of this Agreement; or (ii) if no insurance coverage is available through no fault of the RVSPCA, One Hundred Thousand Dollars ($100,000.00); or (iii) if no insurance coverage is available because of the RVSPCA's fault, an amount equal to the amount of any insurance coverage that was required as set forth in Section 21 4.1.4. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, SHALL RVSPCA OR ITS OFFICERS, AGENTS, EMPLOYEES, VOLUNTEERS OR SUBCONTRACTORS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR DOWNTIME COSTS. ARTICLE XII Tax Exemption Covenant Section 12.1 General Covenant The Authority intends to issue the Notes and Bonds in a manner such that their interest is excludable from gross income for Federal income tax purposes under Section 103(a) and related provisions of the Internal Revenue Code of 1986, as amended, and applicable rules and regulations. The RVSPCA and each Participating Locality agree that after the Notes and Bonds have been issued they will not take any action or omit to take any action which would adversely affect such exclusion. Section 12.2 Allocation of Tax Exemption Amounts If such an allocation is necessary, the Participating Localities, each of whom will receive a benefit from the construction of the New Pound Facility and the financing thereof by the Authority, agree pursuant to Section 265(b)(3)(C)(iii) of the Internal Revenue Code of 1986, as amended, to allocate the amount of each issue of tax-exempt Obligations issued by the Authority for the initial construction of the New Pound Facility, including design and preliminary site work, to themselves on the same percentage basis as set forth in Schedule A. The Participating Localities find this method of allocation reasonable in light of their anticipated benefits to be derived from the New Pound Facility. ARTICLE XIII Additional Participation Any city, town or county in Virginia may, with the approval of its goveming body and with the consent of the RVSPCA and the governing bodies of all of the Participating Localities, use the New Pound Facility pursuant to the terms and provisions of this Agreement and such additional terms and conditions for participation as may be prescribed by the RVSPCA and the Participating Localities. 22 ARTICLE XIV Representations~ Warranties and Covenants of RVSPCA In addition to the covenants in other Articles of this Agreement, the RVSPCA represents, warrants and covenants as follows: Section 14.1 Organization, Authorization and ValidiW. The RVSPCA is duly organized and validly existing under the laws of the Commonwealth of Virginia and has duly authorized, executed and delivered this Agreement. Section 14.2 Authorization The RVSPCA has all requisite authority to execute and deliver and perform its obligations under this Agreement and is not a party to any indenture, contract or other agreement or arrangement, the performance of which by the RVSPCA would prevent or materially and adversely affect the RVSPCA's ability to perform the terms of this Agreement. Section 14.3 Non-Contravention The execution and delivery of this Agreement by the RVSPCA and the consummation of the transactions contemplated in it will not conflict with or result in a breach of or constitute a default under or violate any of the terms, conditions or provisions of the bylaws of the RVSPCA or any material indenture, contract or other agreement or arrangement to which the RVSPCA is a party or by which any of its properties are bound, or any Applicable Law by which the RVSPCA or the New Pound Facility is bound. Section 14.4 Litigation The RVSPCA is not a party to any legal, administrative, arbitration or other proceeding or controversy pending, or, to the best of the RVSPCA's knowledge, threatened, which would materially adversely affect the RVSPCA's ability to perform under this Agreement. Section 14.5 Approvals Except for permits from local governmental authorities to Place In Service the New Pound Facility and to use the New Pound Facility, the RVSPCA does not require the consent or approval of any governmental body to carry out the terms of this Agreement. 23 ARTICLE XV Representations, Warranties and Covenants of Participating Localities Each Participating Locality represents, warrants and covenants for itself as follows: Section 15.1 Organization, Authorization and Validity. Each Participating Locality is a political subdivision of the Commonwealth duly organized and validly existing under the laws of the Commonwealth, and each has duly authorized, executed and delivered this Agreement. Section 15.2 Authorization. Each Participating Locality has all requisite authority to execute and deliver and perform its obligations under this Agreement and is not a party to any indenture, contract or other agreement or arrangement, the performance of which by it would prevent or materially and adversely affect its individual performance under this Agreement. Section 15.3 Non-Contravention. The execution and delivery of this Agreement by each Participating Locality and the consummation of the transactions contemplated in it will not conflict with or result in a breach of or constitute a default under or violate any of the terms, conditions or provisions of any charter, resolution or ordinance, any material indenture, contract or agreement or arrangement to which it is a party or by which any of its properties are bound, or any Applicable Law by which it is bound. Section 15.4 Litigation. No Participating Locality is a party to any legal, administrative, arbitration, or other proceeding or controversy pending, or, to the best of its knowledge, threatened, which would materially and adversely affect its ability to perform under this Agreement. ARTICLE XVI Defaults and Remedies Section 16.1 Default by RVSPCA. The occurrence of any one or more of the following events of default, and the continuance of such default for thirty days (ten days for a monetary default described in (i)) after written notice specifying the default and requiring it to be remedied has been 24 given to the RVSPCA by any Participating Locality, will constitute an "Event of Default" by the RVSPCA ("RVSPCA Default"): (i) if the amounts required to be paid by the Participating Localities under Article V have been paid, the failure of the RVSPCA to pay principal of or interest when due on any Notes, Bonds or other temporary or permanent financing for the New Pound Facility; (ii) if the RVSPCA is for any reason rendered incapable of performing any of its material obligations under this Agreement; (iii) the RVSPCA makes an assignment of all or a portion of its obligations under this Agreement without the prior written consent of the Participating Localities; (iv) if the amounts required to be paid by the Participating Localities under Article V have been paid and the RVSPCA defaults on any of its material obligations under any agreement pursuant to which any Notes, Bonds or other temporary or permanent financing for the New Pound Facility is obtained by the RVSPCA and such default is not cured within the applicable cure period; (v) any proceeding is instituted, with the consent or acquiescence of the RVSPCA, for the purpose of effecting a composition between the RVSPCA and its creditors or for the purpose of adjusting the claims of such creditors pursuant to any federal or state statute now or hereafter enacted; or (vi) the RVSPCA defaults in the due and punctual performance of any other of the covenants, conditions, agreements and provisions contained in this Agreement. Section 16.2 Default by Participating Localities. The occurrence of any one or more of the following events of default, and (a) the continuance of such default for thirty days (ten days for a monetary default described in (i)) after written notice specifying the default and requiring it to be remedied has been given to such Participating Locality by the RVSPCA with copies to all of the other Participating Localities, and (b) such default has not been remedied by action of the remaining Participating Localities during the applicable 10 or 30 day cure period, will constitute an "Event of Default" by any Participating Locality ("Participating Locality Default"): (i) failure of any Participating Locality to make payments when due as set forth in Article V; (ii) any Participating Locality shall for any reason be rendered incapable of fulfilling its obligations under this Agreement; (iii) any proceeding is instituted, with the consent or acquiescence of any Participating Locality, for the purpose of effecting a composition between such 25 Participating Locality and its creditors or for the purpose of adjusting the claims of such creditors pursuant to any federal or state statute now or hereafter enacted; or (iv) any Participating Locality defaults in the due and punctual performance of any of the other covenants, conditions, agreements and provisions contained in this Agreement. Section 16.3 Remedies of Participating Localities. Upon the occurrence of a RVSPCA Default, any Participating Locality, after giving notice of such RVSPCA Default to all parties, may bring suit by specific performance, injunction or other appropriate proceeding to require the RVSPCA to perform its duties under this Agreement or to enjoin any acts in violation of this Agreement. Section 16.4 Remedies of RVSPCA. Upon the occurrence of a Participating Locality Default, the RVSPCA, after giving notice of such Participating Locality Default to all parties, may bring suit by mandamus, specific performance, injunction or other appropriate proceeding to require the Participating Locality to perform its duties under this Agreement or to enjoin any acts in violation of this Agreement. Section 16.5 Remedies Not Exclusive. No remedy in this Agreement conferred upon or reserved to the parties is intended to be exclusive of any other remedy, and each remedy is cumulative and in addition to every other remedy given under this Agreement or now or hereafter existing at law, in equity or by statute. ARTICLE XVII Independent Contractor It is understood by the parties that the RVSPCA shall perform its duties and responsibilities under this contract as independent contractors and not as agents or servants of the Participating Localities, nor shall the officers and employees of the RVSPCA be deemed agents or employees of the Participating Localities for any purpose. The RVSPCA's officers shall exercise control and supervision over its personnel in the performance of their work, provided, however, that as a principal, the Participating Localities retain an interest in the quality of services performed by the RVSPCA but the Participating Localities shall have no concern in or control over the manner in which work is performed by personnel of the RVSPCA. This provision is not meant to prohibit or discourage cooperation between the RVSPCA and the Participating Localities; rather, such cooperation is expected and encouraged. 26 ARTICLE XVIII Term The term of this Agreement shall begin on the earlier of: (i) the date the Obligations are issued; or (ii) the first day of the month after the New Pound Facility is Placed In Service, and shall continue until June 30, 2032. Thereafter the Agreement shall be renewed for another Fiscal Year on the same terms and conditions unless either party gives to the other party written notice of its intent not to renew one hundred eighty (180) days prior to the renewal date. ARTICLE XIX Nondiscrimination During the performance of this Agreement the RVSPCA agrees as follows: (i) it will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor, and it agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause; (ii) all solicitations or advertisements for employees placed by or on behalf of the RVSPCA, will state that the RVSPCA is an equal employment opportunity employer; (iii) notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section regarding notices, advertisements and solicitations; and (iv) the RVSPCA will include the provisions of the foregoing subsections (i), (ii) and (i) in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. ARTICLE XX Drug-Free Workplace During the performance of this Agreement the RVSPCA agrees as follows: (i) it will provide a drug-free and smoke-free workplace for its employees; (ii) it will post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) it will state in all solicitations or advertisements for employees placed by or on behalf of the RVSPCA that it maintains a drug-free workplace; and (iv) it will 27 include the provisions of the foregoing clauses in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug-free workplace" and "smoke-free workplace" means a site for the performance of work done in connection with this Agreement. ARTICLE XXI Notices Any notice required or permitted to be given under the Agreement shall be provided in writing by first class mail or in person, and notice shall be effective upon such mailing or delivery. NOTICE to the City of Roanoke shall be provided to: City Manager 215 Church Avenue, Room 354 Roanoke, Virginia 24011 NOTICE to the Town of Vinton shall be provided to: William L. Heartwell, III Town Attorney P.O. Box 470 Fincastle, VA 24090 NOTICE to the County of Roanoke shall be provided to: County Administrator Post Office Box 29800 Roanoke, Virginia 24018 NOTICE to the County of Botetourt shall be provided to: William L. Heartwell, III County Attorney P.O. Box 470 Fincastle, VA 24090 28 NOTICE to the RVSPCA shall be provided to: Executive Director RVSPCA P.O. Box 11863 Roanoke, VA 34022 With a copy of any notice to RVSPCA to be provided to: Flippin Densmore Morse & Jessee P.O. Box 1200 Roanoke, VA 24006 ARTICLE XXII Severability of Invalid Provisions If any clause, provision or section of this Agreement is held to be illegal or invalid by any court, the invalidity of the clause, provision or section will not affect any of the remaining clauses, provisions or sections, and this Agreement will be construed and enforced as if the illegal or invalid clause, provision or section had not been contained in it. ARTICLE XXIII Governing Laws This Agreement shall be govemed by, and construed and enforced in accordance with, the laws of the Commonwealth of Virginia without reference to its conflict of law principles. ARTICLE XXIV Amendments This Agreement may be changed or amended only with the written consent of the RVSPCA, all of the Participating Localities and the holders of the Obligations. No such change or amendment may be made which will affect adversely the prompt payment when due of all moneys required to be paid by the Participating Localities under the terms of this Agreement, and no such change or amendment shall be effective which would cause a violation of any provision of any resolution, indenture or agreement pursuant to which any Notes, Bonds or other temporary or permanent financing for the New Pound Facility is issued or obtained by the RVSPCA. 29 ARTICLE XXV Waiver Any waiver by any party of its fights under this Agreement must be in writing, and will not be deemed a waiver with respect to any matter not specifically covered. Nothing in this Agreement authorizes the waiver of any of the Participating Localities' obligations to make payments when due of all monies required to be paid by the Participating Localities under the terms of this Agreement. ARTICLE XXVI Excusable Delays RVSPCA shall not be liable for delays in delivery or failure to perform due directly or indirectly to: (i) causes beyond RVSPCA's or its subcontractor's reasonable control, (ii) Acts of God, acts (including failure to act) of any govemmental authority (de jure or de facto), wars (declared or undeclared), dots, revolutions, strikes or other labor disputes, fires, floods, sabotage, nuclear incidents, earthquakes, storms, epidemics, (iii) RVSPCA's or its subcontractor's inability to timely obtain necessary materials, items, components or services from suppliers who are affected by the foregoing circumstances, or (iv) the failure of the Participating Localities to perform any or all of its obligations hereunder in a timely manner. ARTICLE XVII Entire Agreement This Agreement together with Schedule A which is incorporated herein by reference constitutes the entire understanding and agreement between the Participating Localities and RVSPCA concerning the subject matter hereof and any negotiations, prior discussions, representations, promises, understandings, proposals, agreements, warranties, course of dealing or trade usage not expressly contained or referenced herein shall not be binding on either party. The terms and provisions of Section 4.1.19, 8.2, 10.2 and 11.2 shall survive the termination or expiration of this Agreement. [END OF TEXT] 30 In Wimess Whereof the parties have executed this Agreement as of the date set forth on the first page of the Agreement. WITNESS: ROANOKE VALLEY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC. By: Chairman This is a signature page to that certain Roanoke Valley Regional Pound Facility Services Agreement dated as of November __, 2001. 31 ATTEST: City Clerk CITY OF ROANOKE, VIRGINIA By: Darlene L. Burcham, City Manager Approved as to Form: Approved as to Execution: City Attomey City of Roanoke City Attomey City of Roanoke Appropriation and Funds Required for this Contract Certified: Director of Finance / Date Acct # This is a signature page to that certain Roanoke Valley Regional Pound Facility Services Agreement dated as of November __, 2001. 32 ATTEST: TOWN OF VINTON, VIRGINIA By: Approved as to Form: Approved as to Execution: Town Attorney Town of Vinton Town Attorney Town of Vinton This is a signature page to that certain Roanoke Valley Regional Pound Facility Services Agreement dated as of November ,2001. 33 ATTEST: COUNTY OF ROANOKE, VIRGINIA County Clerk By: Name: Approved as to Form: Approved as to Execution: County Attorney County of Roanoke County Attorney County of Roanoke This is a signature page to that certain Roanoke Valley Regional Pound Facility Services Agreement dated as of November ,2001. 34 ATTEST: COUNTY OF BOTETOURT, VIRGINIA County Clerk By: Name: Approved as to Form: Approved as to Execution: County Attorney County of Botetourt County Attorney County of Botetourt This is a signature page to that certain Roanoke Valley Regional Pound Facility Services Agreement dated as of November __., 2001. 35 ROANOKE VALLEY REGIONAL POUND FACILITY SERVICES AGREEMENT SCHEDULE A The Participating Localities hereby agree that the historical pro-rata usage, over the past three years, of the regional pound facility operated by the RVSPCA is as follows: Roanoke City 51% Roanoke County 22% Botetourt County 22% Town of Vinton 5% Beginning with the fourth year, and every three years thereafter, the Advisory Board shall review usage criteria for the most recent three-year period and, if necessary, will revise the above percentages based on the new data for the historical use of the New Pound Facility. RVSPCApound servicesagreement. 11.05.01 36 1 I RVSPCA Estimated Capital and Startup Cost for Municipal Regional Pound 10/23!2001 Coi~s~--dction Cost Regional Pound Main(Front Office) Building 6,000 sq.ff. X $113.00 $678,000 Regional Pound Back Section Building 11,800 scl. ff. X $104.00 $1,227,200 Outside building for farm animals, goats, pigs, etc. 600 sq.ff. X $ 60.00 $36,000 1/2 cost of building connection to SPCA (480 sq.ff.)240 sq.ff. X $113.00 $27,120 $1,968,320 Contingency Based on 10% of Construction Cost $196,832 $196,832 Site Grading 18,640 sq.ff, x $12.00 Asphalt Paving $223,680 Domestic Water $40,000 'Sanitary Sewer $5,000 ,$4,500 Lawns, Grasses, Landscaping $6,000 Fencing $40,000 $319,180 Furnishings Office areas for Animal Control, ACS's Staff & citizen intake & release area~ $50,000 $50,000 Equipment & Supplies Crematorium (Cost, Freight/Startup, Tech on site 3 days) $50,000 Cages (Cost, Freight, installation) $70,000 Computers, Software, Phones, Security System & installation $60,000 Dishwashers, Lawn Mower, Refrigerator, Safe, Floor Polisher, etc. $50,000 Animal controlling and care equipment $10,000 Other equipment: Storage Building, water/food dishes, raised Kennel Deck, ~ Camera, micro chip readers, Freezer, work tables, storage cabinets, Copiers (main office & Animal Control), Vehicle. $30,000 Pre-Con~r~cfion Costs Dollars expended by SPCA - $270,000 Purchase of Land & Related Expenses, Zoing, Survey, Subsurface Exp. $92,000 Architect Fees $162,520 Related cost to Building and Contract Development: Attorney Fees, Review of lanp_~_~b_Y_second soume, loan development fees. $45,48~0 ~__ Construction Period $30_~_L0 000 Interest $75,000 Debt Issuance Cost --~ $75 000 $25,000 Debt Reserve Fund $2_~_5 000 $240,000 ~Reserve Fund $100,0. 0 $240,000 f $~0_~0 000 ~Cost Staff em I~yment & trainin office su lies, rintin forms and information. $40,00~0 ____ .... $40 000 ~ ~ ~584,332 New ReGional Po-nd Facili.ly.Annual Budget 1012~/2001 I_L Revised budgel esllmale Revised salary esUmate __?_p_e_r_a_ti__ng Expenses ( 1 ) §~dg~.. - _S a_! _a_ri_e _s~/~/_ ag es $2_56 0_,_~_58.00 'Pound__Manager F/T I $_29,_6~1__0:O0 ~,~i(~4(~00- _P_a_yroll Taxs __ $22,300.00 Front Desk S_u_pervi~or F~ 1 $23,280.00 ~,-2~,~8~.(~(~ _Hos_D_it.~l_iz_a_!!_on Insurance $;~3,--~)~.00 Front Desk~l'erk - F/T 1' $~9-,~0.00- Dental Insurance $:~,§~0.-~0 Front Desk Clerk P/T ~ ~-~§~,~0-.'~)1~- . ._W_~_rk_m_a_n.._C_omp-~_ _$3_,e00.00 Lead Animal Caretaker F/T 1 $~1,3_2_0:_00 _S_t.~ff_._M_e_d_ic.a_l_S_hots (Rabies) -$4,500.00 Animal Caretaker F/T -~ $18,720.00 W_e__ar_i_ng_A_ppatel $1,500.00 Animal Caretaker P/T 3 -~'~:~i~-- $37,128.00 u__ti!iti_e_s__ $§~,000.00 Janitorial, Grounds and ~e_!_eph_o_ne__ $5,000.00 Maintenance F/I' 1 $18,~..~0 Animal Food/Cat Litter $§,000.00 __Cl.e_an_i_ngS_upp_lies _$~_~0~_~0_~__0' ' - Refuse Service $4,500.00 -- Total $_2.5_6,_0_58.~0_0__ Pest Control $1,-0_00.00 -- _Sy_d_n_g~,_Needles Gloves $2_,5_00_._00 ............ E_d__u...c~_ _t i_o._n__a~ _E_XP e_ .n_s e$1_~000.00 _E...ut._h_a _n_a. si~aa Supplies $4,500.00 Miscellaneous $3,000.00 i_O f_f_i.c_e_S__upplies/P dnting $3,200.00 Financial: · ~P_0_o.Sl_a_ge__ $8--00.00 Annual Debt Service $240,000.00 Insurance $7,500.00 Operati__r_ng Reserve Fund ......... ~a¥~/~-~intenance $%000.00 C ont tibet io n__(~5?_o )__{_2_ )$63,693.00 -] _'l'_a_xe~,__Li_c_e_nses, Permits $~.-~- Maintenance Reserve Fund .V_e__h!~!~.~a_s .... $700.00 Contribution (10%) ( 2_)_~__ $4~-~.~- _V._e_h!c_! .e_ I__n_s .u_r_ance ~;~0~' - -- ................ ._L__ .V__eh_i~cl~e__Re~_airs $1.,000.00 Total Financial Expenses $346,155.00 _D_u _e.s_ _&__S_u._b_sc~ptions $~0-~. 00 .................. S~_e I_t _e r_ .E_q .u. ip.m__e n t Expense $2_,_0_00.___00 ........ Legal Fees/Audit $6,300.00 -- -- ..... L_P _ag _e._r ~S_e _rvice _$_9_00_.00 Prof Service Building . $1,000.00 _ _T r_a_v_e [./_ .'l'_r_a inin g $_1_,_8_00.__00 Advertising $2,000.00 -- -' _V.e_t._F_ee_~s-_!njured Al ~it,~als $3_, 200.00 -- Flea & Tick Control $6,000.00 ~ - ..... _S_ervice Contract Fees $2,500.00 $424,618.00 A__d__~ini. s!_r_a!io__n_ Fee: _ $54,000.00 Administrator Accountant & Secretary !_Tq_ta!. _Op_e. ra_t.i _ng~_xp_ e_n~ e$4~_8~618.00 ............. T o ta!_ F_ ! ~_a_n_c i_~a I_ E xp_e..n~ e ~;346,155.00 Total Annual Budget $824~773.00 -- - __~_.e_~rlY ~u?m__er_o_f_2~00_3_.__U~n_f_o[eseen costs may develop In Ihe areas of ullllllas, employme~t_availablllt~nd .............. __ c~_~.nges In Slate Regulations, etc. L_ I ................... (_2_) C___~_hll~JIIons required until all reserve funds are fully funded. Notes on the Regional Pound / SPCA Out of Hundreds of proposed new construction facilities around the country - Roanoke is the onlF one that does not include provisions for a Spay/Neuter Clinic. · Richmond, VA. SPCA - 8 million dollar facility w/th clinic (open to the Public) · Charlottesville, VA - multi-million dollar facility has clinic plan included. Existing Facilities in Virginia - · Spotsylvania, VA - Animal Control has their own Spay/Neuter Clinic · Norfolk, VA - SPCA onsite Spay/Neuter clinic. · Salem, VA - Salem Animal Shelter has increased adoptions, becoming de-facto a "No-Kill" shelter. By spay & neutering before release, the Salem shelter has eliminated follow up costs. The Salem Shelter is the only facility in the Roanoke area that is in compliance with State regulations regarding intact animals. ~ Existing Facilities around the country - · Dallas/FortWorth SPCA: 2 low cost Spay/Neuter Clinics operation since 1976 with over 140,000 surgeries performed. Decreases in animals admitted to shelters in Dallas, San Antonio, and Houston by over 23,000 in the last 3 years. Euthamzed animals dropped by 16%. · San Francisco SPCA: Onsite Spay/Neuter clinic since 1976. on staff Vets performing 7.700 surgeries a year. · Los Angels Animal Control: Spay/Neuter clinics opened 1971 - saving estimated 4 Million annually in animal control costs. · Charlotte, NC Humane Society (contracted by Animal Control) Spay/Neuter clinic opened 1982 - drop in numbers of dogs brought it shelter by' 30.2% in first 2 years alone. Cats 16% · Humane Society of Tucson: .Low cost Spay/Neuter clinic - 20 % drop annually since opening in 1974 · Chicago, IL Anti-Cruelty Society: Low cost Spay/Neuter Clinic operated by the city · New Hampshire (entire state): Spay/Neuter program reduced animal control costs total of $2,245.425 per year, in 6 years. Current euthanasia rate - 2.5 dogs & cats per 1000 per captia ( lowest in country). Over 17,000 animals destroyed in 1980 - reduced in the year 2000 to a little over 2000 animals annually throughout the state. · Orange County Fl: Total of 2,228 cats alone spayed/neutered in county clinic from Dec 1995 to May 1998 - nuisance complaints down 8%, impoundments down 7% annually and 3% in first 6 mo. of FY 97-98. Immediate savings of $109,172.00 to animal services. There are currently no provisions for a Spay/Neuter Clinic in the construction plans of the new Regional Animal Shelter/Poun~Lfor the Roanoke Valley. Without an aggressive Spay/Neuter Program, city and county tax payers will be faced with ever escalation costs for animal control (chasing, catching, housing, and disposing of strays). Without an aggressive Spay/Neuter Program the number~of dogs and cats killed annually in the Roanoke valley regional shelter will continue to increase. Notes on the proposed SPCA/Regional Pound The Problem - The pet population has doubled in the US since the 1960's. Despite thirty years of intense effort at controlling the pet overpopulation, euthanasia remains the leading cause of death among healthy and sound cats and dogs. Every day, our nation's animal shelters become the last resort for animals who just didn't make it in the family. As the main repository for unwanted animal, shelters receive about 8% of the total household pet population. Due to the lack of space, 70% are euthanized. · Here in the Roanoke Valley, over 31,000 animals have been but to death in just the last 10 years. · Collectively the City of Roanoke and the surrounding counties spend 1 to 1.2 Million dollars for animal control to collect and dispose of these former beloved pets and their unwanted offspring. The total cost to tax payers in collateral expenses (dog bites, police calls, community health issues .... etc.) remains hidden. Animal Control costs have risen faster than the increasing population (human) would suggest. The reason for this fact is that unwanted pets and strays are breeding faster than we can catch and kill them. The Solution- · Aggressive Spay/Neuter Clinic program - Stop the Breeding cycle · Nationally, statistics demonstrate 1 dollar spent on Spay/Neuter saves 9 dollars in Animal Control COSTS. · Most States (including Virginia) require all adopted animals from shelters & pounds to be altered and provide fines or sanctions for non compliance. · In those States with aggressive (government supported) Spay/Neuter clinic programs pound admissions have declined as much as 40-50%. With some enjoying as much as 80% cumulative reductions over 5 years. Why some Programs fail - · Voucher Programs: · Require constant diligence to ensure compliance by new adoptive families - labor costs only associated with intact animals being released to new owners. · "Accidental litters" occurring before the animal is brought into compliance, umnotivated owners, and adopters returning the animal to the pound (rather than pay the added expense) alone keep Animal Control costs on the rise. Add to that the unpopular public view of tactics necessary to investigate and prosecute adoptive pet owners for non-compliance. · Farming out surgeries to Veterinarians before adoptions: · High cost - even when discounted - still higher than clinic · Transportation costs and security/liability issues · Still requires administrative overseeing to ensure compliance. Why On Site Clinics Succeed - · All new adaptable pets can be altered before they leave the shelter - 100% compliance achieved. · Animals that are altered before adoptions are eligible to be adopted by families out site the contiguous counties, whereas intact pets are not. · All animals released back to their owners should be altered. If the animal remains intact (at the request of the owner) the owner must pay a impound fee or "at large" licensing fee to get the pet back (requires local legislation - licensing deferential) · Because services are limited to Spay/Neuter surgeries only - costs are the lowest. 'SPCA Road Ahead Page 1 of 3 The Road Ahead The Richmond SPCA has announced an historic initiative for the community that will radically improve the prospects of homeless animals in the Central Virginia area. This long range plan promises that if an animal is · i~:.)~:i:~:i:i:::~i;i i::' healthy and well- -::4... ' behaved, ::::::::::::::::::::::: regardless of age ...... disability, deform i ty or ..... :~;;:~:~:~ ..... disfigurement, he or she will be guaranteed a loving home. Keys to achieving .... the pJan include an aggressive spay/neuter i~:,.. program and expanded humane education programs in a new state-of-the-art adoption center. The Richmond SPCA plans to cease euthanizing adoptable animals in the new facility, marking a major breakthrough in achieving our mission and in the welfare of animals in our community. We have already made enormous strides toward completing this plan. The Richmond SPCA has purchased the building at 2519 Hermitage Road (6 blocks north of Broad St near The Diamond). We have also unveiled a capital campaign to raise the $8 million needed to fund the purchase and renovation of the facility and have raised over $5 million so far. A six member planning group including our architect took a cross-country tour (financed in full by SPCA Board members) to visit recently built and state-of-the-art shelter for ideas. By seeing these facilities in detail, planners were better able to pinpoint mistakes to avoid and workable solutions to further develop our new facility. The Nebraska Humane Society was especially helpful in providing ideas to emulate. "In launching our Campaign for a Compassionate Solution, we are working toward ending our community's reliance on killing as its means of addressing the pet overpopulation problem," said Robin Start, executive director of the Richmond SPCA. The new adoption center will feature 21st century humane kenneling hrtp :/'/wwxv ri chm on d spca. org/road/road, htm l I O/19/01 SPCA Road Ahead Page 2 of 3 concepts, a Iow-cost spay/neuter center, a modern hospital room for pets in the rehabilitation program, individual walk-in adoption rooms for dogs and cats, an auditorium and exploratorium for educational programs, a dog jogging track and obedience training room, and indoor pet exercise areas. "The location is ideal," Start said. "It permits us to remain in the city of Richmond yet affords better accessibility for residents of surrounding counties." The greater Richmond area has one of the worst companion animal overpopulation problems in the United States. More than 18,000 animals are cared for each year by one of the public animal control facilities or by one of the numerous private humane groups operating in the area. \ Mayor Tim Kaine said, "I applaud the Richmond SPCA for leading the way to a visionary, long-term solution to a problem that has plagued our community for decades." E. Claiborne Robins, .lr. is chair of the capital campaign to fund the project and Cindy Pryor will be the vice-chair. Robins, an SPCA board member, is a highly successful fundraiser, dedicated philanthropist and community leader. He has successfully chaired capital campaigns for the Nature Center at Maymont and the University of Richmond and has generously led and supported the Virginia Historical Society. "When completed, the new home of the Richmond SPCA for the 21st century will be one of a mere handful of truly state-of-the-art animal care facilities in the country," Robins said. "This is a major step toward making the greater Richmond area a true community of compassion - enhancing the quality of life of people and animals." The campaign h~s gotten off to a remarkable start with a $1.2 million gift made in memory of the late Elizabeth Ireland Graves. IVlrs. Graves was a long time supporter and friend of the Richmond SPCA and a devoted animal lover. The Graves' gift brings the total raised to date to over $5 million. It hurts us all to see animals killed. For many years we have agonized over animals spending their days uncared for and unloved. We are thrilled by the prospect of soon seeing an end to both, and invite everyone in the community to join us in making this happen now. http:/,:wwx~', ri ch mon d spca. org/road/road, html I 0/19/01 Spay_Neuter Clinic Page 1 of 2 As a leader in the animal welfare field, The San Francisco SPCA has,long been on the front lines in the war against pet overpopulation. It's Spay/Neuter Clinic was the first facility in the county to provide Iow-cost spay/neuter surgery. Since its introduction in 1976, the San Francisco SPCA Spay/Neuter Clinic has played a significant role in reducing pet overpopulation in our city. In the past five years alone, staff veterinarians have performed more that 34,000 spay and neuter surgeries, and for the past two years, they have averaged 7,700 a year. The San Francisco SPCA also pioneered the practice of early spay/neuter surgery in the Bay Area, and was the first local animal welfare organization to spay and neuter dogs and cats prior to adoption. Spay/Neuter Services · $5 cash back reward for spay/neuter surgery for San Francisco's feral cats · $5 cash back reward for spay/neuter surgery for San Francisco's Pit Bulls and Rottweilers · Free spay/neuter surgery for pets owned by San Francisco residents age 65 and older · Free spay/neuter surgery for dogs and cats owned by homeless San Francisco residents · Free spay/neuter surgery prior to adoption for all of our sexually mature shelter animals · Low cost (lowest in region) spay/neuter surgery for dogs owned by San Francisco residents* - $35/males, $45/females · Free spay/neuter surgery for cats of San Francisco residents · Low cost spay/neuter surgery for cats of non-San Francisco residents - $30/males, $35/females *unfortunately we are unable to offer spay/neuter surgery to dogs of non-San Francisco residents **this fee is waived (cats only) for San Francisco residents of Iow income (client must provide proof) http://www, sfspca.or~spay.html 10/19/01 From: warren cox [wcox@spca.org] Sent: Thursday, October 18, 2001 7:08 PM To: gcampbell@ccitelecom.com Cc: wcox@spca.org Subject: some info Geoff, For what it's worth, Below is a statement made by the ASPCA refering to s/n in Texas. Also, a proposed plan of action by a group called Straydog. I'll send you reports, but to give you a general idea, last year we operated two shelters which received a total of 18,109 dogs/cats/others. This year we are operating three (and a fourth agency has asked us to run their shelter). Last year we operated two clinics. Dallas performed 10,206 s/n and McKinney(our shoe, box) clinic did 2,407. About half were adopted animals and the other half were privates. We did 1,189 feral cats. Both clinics offer services to terminally ill/indigent/homeless pet owners. We have performed almost 140,613 s/n surgeries since the opemng of our first clinic in 1976. More later, Bonnie Chisholm SPCA of Texas wcox~.spca.or.q According to a survey conducted by the Houston-based Spay Neuter Assistance Program (SNAP), the number of animals euthanized at Texas shelters has dropped by 16 percent over the last three years. And dudng the same pedod from 1997 to 1999, the number of animals admitted to major Houston, Dallas and San Antonio shelters decreased by 23,921-about 11 percent. The success is largely attributed to state-subsidized spay/neuter programs. As reported by the Texas cities surveyed, 50,554 dogs and cats were sterilized in 1999, compared to only 23,823 in 1997-- a whopping 112 percent increase. Kudos to groups like SNAP, which operates four mobile spay/neuter clinics, for their caring and commitment. Keep up the great work! source: ASPCA "S"p"a"y"~r~c~ ~J~e"ri ~(~1~ ~'l~e"killing! ....................................................... It is clearly the morally higher choice to spay and neuter before more puppies and kittens are conceived rather than euthanize millions of healthy young dogs and cats after they are born. With adequate funding it is (we optimistically believe) cleady within the power of our society to put an end to the overpopulation problem of companion animals (dogs and cats) in one fell swoop by way of a massive spay and neuter campaign designed to change the mindset of the millions who do not yet realize there is an overpopulation problem. The war on unplanned dog and cat pregnancies can end almost immediately if WE, collectively, decide to make it end! (If we don't, it won't.) Straydog's Proposed Plan of Action: FIRST: We must educate the millions and millions of Americans who are still unaware that there IS an overpopulation problem. With Internet, newspaper, radio and television coverage of the war on unplanned dog and cat pregnancies we must massively bombard the unaware portion of the public, and we must keep up a massive media campaign until we finally DO make everyone aware of how dire the situation is for homeless dogs and cats and how simple the solution can and will be. SECOND: Once everyone has been made aware of the sevedty of the overpopulation problem, we must, as a society, make free spaying or neutering available throughout the country (and ultimately throughout the world)--just as we make FREE fire protection available to all. THIRD: With a drastic reduction in puppy and kitten births, the population of animal shelters will diminish rapidly. A solid plan must then be implemented to maintain stabilization of the population of dogs and cats at a Iow enough level to ensure no more homeless, no more killing. Although we refer to the following as "some positive news," please let us never forget that if even one dog or cat is killed because of being homeless, that's one too many! CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 20, 2001 File #53-60-192 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35660-111901 declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds for certain monies to be appropriated by the City for expenditures in connection with the Roanoke Civic Center Expansion and Renovation Project - Phase II, in an amount not to exceed $14,941,020.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001. Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key, Director, Office of Management and Budget James M. Evans, Director, Civic Facilities H:kAgenda.01kNovember 19, 2001 corresp.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2001. No. 35660-111901. A RESOLUTION declaring the City's intent to reimburse itself fi.om the proceeds of its general obligation public improvement bonds for certain moneys to be appropriated by the City for expenditures in connection with the Roanoke Civic Center Expansion and Renovation Project - Phase H; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. In accordance with U.S. Treasury Regulations, Section 1.150-2, the City hereby declares that it reasonably expects and intends to reimburse itself fi.om the proceeds of its general obligation public improvement bonds in a principal amount not to exceed $14,941,020 for certain moneys to be appropriated by the City fi.om time to time for expenditures in connection w~th the Roanoke Civic Center Expansion and Renovation Project - Phase II (the "Project"), including, without limitation, the amount of $850,000 appropriated by an ordinance adopted contemporaneously herewith by the City Council on November 19, 2001, in connection with the anticipated award of a contract for the design process and professional consultant work for the Project. 2. The Council hereby determines that the appropriation authorized contemporaneously herewith is being made for a purpose for which the City is authorized to issue, and contemplated to be reimbursed from the proceeds of, general obligation public improvement bonds of the City. The maximum principal amount of debt expected to be issued for the Project is an amount not to exceed $14,941,020. 3. This is a declaration of official intent adopted pursuant to U.S. Treasury Regulations, Section 1.150-2. This official intent is being made not later than sixty days after the payment of the expenditures authorized by Paragraph 1 of this Resolution. 4. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, ~ 2.2-3700, et seq., Code of Virginia (1950), as amended. 5. This Resolution shall be effective on and after the date of its adoption. ATTEST, c ty Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 20, 2001 File #53-60-192 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35659-111901 amending and reordaining certain sections of the 2001-2002 Civic Center and Capital Projects Fund Appropriations, providing for appropriation of $850,000.00, in connection with design process for Phase II, Civic Center Improvements. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc~ Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations Barry L.' Key, Director, Office of Management and Budget James M. Evans, Director, Civic Facilities HS, Agenda.01'~November 19, 2001 corresp.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2001. No. 35659-111901. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General, Civic Center, and Capital Projects Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General, Civic Center, and Capital Projects Funds Appropriations, be, andthe same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Public Works $ 24,852,040 Paving Program (1) ..................................... 2,493,144 Nondepartmental $ 71,471,871 Transfers to Other Funds (2) .............................. 70,829,166 Civic Center Fund Appropriations Civic Center- Capital Outlay $ Civic Center Expansion and Renovation - Phase II (3-5) ........ Revenues Nonoperating $ Transfers from Other Funds (6-7) .......................... Retained Earnings Retained Earnings - Available for Appropriation (8) .............. $ 1,725,059 850,000 1,698,685 1,638,685 476,000 Capital Projects Fund Appropriations Capital Improvement Reserve Capital Improvement Reserve (9) .......................... Public Improvement Bonds - Series 1999 (10) ................ (. 1,288,948) 458,758 4,752,294 Nondepartmental $ Transfers to Other Fund~, (11 ) ............................ 410,000 410,000 1) CMERP - Equipment Purchases 2) Transfer to Civic Center Fund 3) Appropriated from 1999 Bond Funds 4) Appropriated from General Revenue- 5) CMERP - Equipment Purchases 6) Transfer from General Fund 7) Transfer from Capital Projects Fund 8) Retained Eamings Available for Appropriation 9) Streets and Bridges 10) Buildings 11 ) Transfer to Civic Center Fund (001-530-4120-9132) (001-250-9310-9505) (005-550-8616-9001 ) (005-550-8616-9003) ( 005-550-8616-9132) (005-110-1234-0951 ) (005-110-1234-1460) (005-3348) (008-052-9575-9181 ) (008-052-9709-9183) (008-052-9559-9505) (200,000) 200,000 85,000 565,000 200,000 200,000 385,000 (265,000) (300,000) (85,000) 385,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage, ATTEST: City Clerk. RECEIVE§ CITY CLERKS ~)FFIgEOffice of the City Manager '01 I~lV 14 R2:11 November 19, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Design Process for the Roanoke Civic Center Expansion and Renovation Project-Phase II At its work session on November 5, 2001 City Council directed the City Manager to develop a funding scenario and time line for the design process for the Roanoke Civic Center Expansion and Renovation Project-Phase II of $14,941,020. It is the goal of the administration that bonds will eventually be issued to fund this project. The time schedule for the Architect/Engineer selection process, design and documentation work, and award of the construction bid is estimated at 13 months. Estimated funding required in order to complete this portion of the project is $850,000. Due to the urgent nature of this project, certain funding sources have been identified that could be reallocated to provide the necessary funding to begin the design process immediately. Should bonds be issued at a later date, the proceeds from such a bond issue would be used to offset these funding sources. Recommended Action: Appropriate $850,000 to a new capital account to be established by the Director of Finance entitled "Civic Center Expansion and Renovation Project-Phase I1" from the following sources: Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci,roanoke.va.us Honorable Mayor and Members of Council November 19, 2001 Page 2 Civic Center Retained Earnings 1999 Bonds Designated for Civic Center Repairs/Improvements Capital Improvement Reserve-Streets and Bridges CMERP funding in 001-530-4210-9132 $265,000 $ 85,O00 $300,000 $200,000 $850,000 Adopt a resolution indicating the City's intent to reimburse itself from the proceeds of General Obligation Public Improvements Bonds to be issued in the future. City Manager C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Barry L. Key, Director of Management and Budget #CM01-00271 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 20, 2001 File #2-53-60-122-192 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I. am attaching copy of Ordinance No. 35663-111901 authorizing the City Manager to enter into a sales contract with Fred C. Ellis providing for acquisition of certain property needed by the City in connection with the proposed construction of a multipurpose Stadium/Amphitheater, described as Official Tax Nos. 2041817 and 2041816, in the amount of $275,000.00; and dispensing with the second reading of this ordinance by title. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Mr. Fred C. Ellis, 4514 Oakland Boulevard, N. W., Roanoke, Virginia 24012 James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key, Director, Office of Management and Budget James M. Evans, Director, Civic Facilities H:kAgenda.01hNovember 19, 2001 corresp.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2001. No. 35663-111901. AN ORDINANCE'authorizing the City Manager to enter into a sales contract providing for the acquisition of certain property needed in connection with the proposed construction of a multipurpose stadium/amphitheater; establishing the consideration to be paid by the City; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to enter into a sales contract providing for the acquisition of certain property identified as Official Tax Nos. 2041817 and 2041816 from Fred C. Ellis in the amount of $275,00.00; upon form approved by the City Attorney, as.more particularly stated in the City Manager's letter dated November 19, 2001, to City Council. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. N:\CAPS\ORDI]qANCES\O-LA Orange Ave Stadium an~hithe~ter.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 20, 2001 File #2-53-60-122-192 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35662-111901 declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Resolution No. 35489-080601, adopted August 6, 2001, for the purpose of providing funds to pay the costs of acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City, which includes acquisition of real property for the Stadium/Amphitheater Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key, Director, Office of Management and Budget James M. Evans, Director, Civic Facilities H:kAgenda.01 kNovember 19, 2001 corrcsp,wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGIbZIA, The 19th day of November, 2001. No. 35662-111901. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Resolution No. 35489-080601, adopted August 6, 2001, for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City, which includes acquisition of real property for the Stadium/Amphitheater Project; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. In accordance with U. S. Treasury Regulations, Section 1.150-2, the City hereby declares that it reasonably expects and intends to reimburse itself $275,000 authorized by an ordinance simultaneously adopted by the City Council on November 19, 2001, for ~'tain expenditures to be made in connection with the acquisition of real property for the Stadium/Amphitheater Project from proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Resolution No. 35489-080601, adopted by the City Council on August 6, 2001, in the principal amount of $31,245,000, with $16,200,000 being allocated for the Stadium/Amphitheater Project, for the purpose of providing fimds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City, which includes acquisition of real property for the Stadium/Amphitheater Project. The maximum principal amount of debt expected to be issued for the Stadium/Amphitheater Project is $16,200,000, aH as is more fully set forth in the City Manager's letter of November 19, 2001, to this Council. 2. This is a declaration of official intent adopted pursuant to U. S. Treasury Regulations, Section 1.150-2. This official intent is being declared not later than sixty days after the payment of the expenditures authorized by Paragraph 1 of this Resolution. 3. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the V"~rginia Freedom of Information Act, §§ 2.2-3700, et seq., Code of Virginia (1950), as amended. 4. This Resolution shall be effective on and after the date of its adoption. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 20, 2001 File #2-53-60-122-192 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35661-111901 amending and reordaining certain. sections of the 2001-2002 Capital Projects Fund Appropriations, providing for appropriation of $275,000.00, in connection with purchase of property in the vicinity of Orange Avenue, described as Official Tax Nos. 2041817 and 2041816 for construction of a multipurpose Stadium/Amphitheater Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001. Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key, Director, Office of Management and Budget James M. Evans, Director, Civic Facilities H:~Agenda.01 hNovember 19, 2001 corresp.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2001. No. 35661-111901. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2~001-2002 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks, Recreation and Cultural Stadium/Amphitheater Project (1) ............................ Capital Improvement Reserve Public Improvement Bonds Series 2002 (2) .................... 1 ) Appropriated from Bond Funds Sedes 2002 (008-530-9758-9076) $ 275,000 2) Stadium/Amphitheater (008-052-9710-9179) (275,000) $ 9,514;337 2,310,000 $ (1,178,948) (6,775,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RE-[;EIVED 6:IT ¥ CLEf;~i~)p~l/~,_ city Manager 14 AP :54 November 19, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Purchase of Property at Stadium/Amphitheater Site At it's meeting on May 21, 2001, City Council authorized the City Manager to begin negotiations for acquisition of property across Orange Avenue from the Roanoke Civic Center for the purpose of constructing a multipurpose Stadium/Amphitheater facility. The City has concluded negotiations on the property owned by Fred C. Ellis identified as tax parcel nos. 2041817 and 2041816 in the amount of $275,000. Funding in the amount of $275,000 is currently available in account 008-530-9758 from General Fund revenues. However, upon the issuance of the series 2002 bonds, the bond proceeds will actually be utilized to cover this expense. Recommended Action: Authorize the City Manager to sign a contract for the above purchase of tax parcel nos. 2041817 and 2041816 in the amount of $275,000. Adopt a resolution indicating the City's intent to reimburse itself $275,000 from the proceeds of the sale of series 2002 General Obligation Public Improvement Bonds related to the Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us Honorable Mayor and Members of Council November 19, 2001 Page 2 acquisition of real property for the Stadium/Amphitheater Project, with the maximum amount of debt expected to be issued for the Project to be $16,200,000. Respectfully submitted, City Manager C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Barry L. Key, Director of Management and Budget #CM01-00272 166.0 2041815 161.9 2041814 157.7 non LLIn ~ r~o0 <0 F--i~ I u..~ CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 20, 2001 File #60-68-216-551 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35665-111901 authorizing the City Manager to enter into an Agreement with the Grandin Theater Foundation, Inc., to provide for funding by the City in an amount up to $500,000.00 for acquisition and renovation of the Grandin Theater in the Grandin Village area of the City, upon certain terms and conditions, to provide benefits and services to the residents of the City of Roanoke and to Southwestern Virginia; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Edward B. Walker, Interim President, Grandin Theater Foundation, Inc., Grandin Road, S. W., Roanoke, Virginia 24015 Julie L. Hunsaker, 409 Highland Avenue, S. W., Roanoke, Virginia 24016 James D. Grisso, Director of Finance Barry L. Key, Director, Office of Management and Budget H:kAgenda.01 ~qovembcr 19, 2001 corresp.wpd 1310 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2001. No. 35665-111901. AN ORDINANCE huthorizing the City Manager to enter into an Agreement with Grandin Theater Foundation, Inc., to provide for funding by the City in an amount up to $500,000 for the acquisition and renovation of the Grandin Theater in the Grandin Village area of the City, upon certain terms and conditions, to provide benefits and services to the residents of the City and Southwestern Virginia; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to enter into an Agreement with the Gr'andin Theater Foundation, Inc., to provide for funding by the City in an amount of up to $500,000 for the acquisition and renovation of the Grandin Theater, upon certain terms and conditions, as more particularly set out in the City Manager' letter to Council dated November 19,2001. 2. The Agreement proposed to be entered into shall be upon form approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H: ~MEASURES~-grandinthea~er. I CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 20, 2001 File #60-68-216-551 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35664-111901 amending and reordaining c~rtain sections of the 2001-2002 Capital Projects Fund Appropriations, providing for appropriation of $100,000.00, in connection with execution of an agreement with the Grandin Theater Foundation, Inc., to provide total financial support of $500,000.00 to the Foundation over a six-year period. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Barry L. Key, Director, Office of Management and Budget H:XAgenda.01~November 19, 2001 corr~sp.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2001. No. 35664-111901. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and the same are hereby, amended ~nd reordained to read as follows, in part: AD=ro~3riations Community Development $ 6,195,487 Grandin Theater (1) ....................................... 100;000 Capital Improvement Revenue $ ( 906,948) Capital Improvement Reserve (2) ............................. 755,758 Fund Balance Reserved Fund Balance - Undesignated Capital Funds from Sale of Juvenile Detention Assets (3) ................................ $ -0- 1 ) Appropriated from General Revenue 2) Buildings and Structures 3) Reserved Fund Balance - Capital Fund (008-310-9737-9003) (008-052-9575-9173) 100,000 (3,0O0) (008-3329) (97,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEIVED CITY CLERKS OFFICE 6.a.13 Office of the City Manager '01 NQV13 P4:50 November 19, 2001 Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor William D. Bestpitch, Council Member C. Nelson Harris, Council Member W. Alvin Hudson, Jr., Council Member William White, Sr., Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Grandin Theater Background: The Grandin Theater opened in the eady 1930s and closed in 1976. Mill Mountain Theater then held performances there until moving to the Center in the Square in 1983. A year later, the Grandin reopened as a movie house, but closed in late 1985 when its owners failed to pay electric bills. In !986, the Grandin was purchased by the Lindsey family, refurbished, and reopened as a commercial movie house. Today, the Grandin shows a mix of "big" and "small" movies. In 2000, 56,556 tickets were sold to 67 films with gross ticket sales of $256,022. However, the theater once again began experiencing financial difficulty in 2000 because of market pressures, dramatic changes within the theater business, and the high cost of needed capital improvements. In November 2000, the current owner, Ms. Julie Hunsaker, made a public appeal for enhanced public support of the theater. As a direct result the Grandin Theater Foundation, Inc., was formed by concerned civic leaders and art patrons. The Foundation plans to purchase the Grandin from the current owner at a cost of $402,000 and operate the theater as a self-supporting business. In addition, the Foundation plans to make long overdue, market-critical improvements to the facility at a cost of $825,000 (new wiring, projection and sound equipment, seating, and refurbished bathrooms). The theater's operations would be supervised by its long-time general manager, Ms. Kathy Johnston, and the current owner, Ms. Julie Hunsaker, would be contractually retained for two years to assist with booking and marketing. The Foundation's Business Operations Committee will monitor theater activities on a Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci .roanoke.va .us Honorable Mayor and Members of Council November 19, 2001 Page 2 weekly basis. The new theater's pro forma budget projects annual income of $518,000 and annual expenses of $471,829, for a net profit of $46,171. To fund the purchase and renovation cost of the theater, the Foundation is seeking public and community financial support. Specifically, the Foundation is asking for a total of $500,000 in city funding, $100,000 within the next 10 days and $80,000 per year for five fiscal years beginning with FY 2003. Considerations: The Grandin Theater is Roanoke's last historic movie theater and is the only theater of its kind left in the region. It is considered a critical anchor in the Grandin Village community, contributing greatly to the quality of life and providing an important community venue for speakers, music and classes. The creation or retention of village centers like Grandin Village is a key strategy in the Vision 2001 comprehensive plan recently adopted by City Council. A contractual agreement with the Foundation has been prepared for City Council's consideration with the following general conditions: · The Grandin Theater will continue to be operated as a movie theater, unless the city agrees otherwise in writing; · The Foundation will pay real estate taxes on the Grandin Theater, as assessed by the city; · Funds requested by the Foundation will be used solely for acquiring, renovating and equipping of the Grandin Theater, and will not be expended in the operation of the theater; · The Foundation will not request any additional city financial support to subsidize operations of the theater; · City funds are to be matched with private funds raised by the Foundation; and · If the theater is sold or conveyed by the Foundation to other than a non-profit entity that will operate it as a theater, the Foundation will repay to the city 50% of funds donated to the Foundation. Recommended Action: City Council authorize the City Manager to execute a contractual agreement with the Grandin Theater Foundation, Inc., and provide total financial support of $500,000 to the foundation over a six year period. $100,000 would be provided from the following sources at the execution of the agreement and subject to Honorable Mayor and Members of Council November 19, 2001 Page 3 certification that the foundation has raised an equal amount, and $80,000 would be budgeted annually from General Fund revenues for five years beginning with FY 2003, subject to annual appropriation: · Undesignated Capital Funds $97,000 · Capital Improvement Reserve- Buildings $ 3,000 (Account 008-052-9575-9173) Respectfully submitted, City Manager DLB:blk c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance CM01-00267 AGREEMENT THIS AGREEMENT (Agreement) is dated this day of November, 2001, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation (City), and the GRANDIN THEATER FOUNDATION, INC., a Virginia nonprofit corporation located in the City of Roanoke (Foundation), WITNESSETH: WHEREAS, the Foundation has advised the City that, if it is feasible, the Foundation intends to undertake a major fund-raising effort in order to fund the acquisition, renovation and operation of the Grandin Theater in the Grandin Village area of the City, which will provide benefits and services to the residents of the City of Roanoke and Southwestern Virginia. The acquisition, renovation and equipping of the Theater are hereinafter referred to as the "Project"; WHEREAS, the Foundation has estimated the cost of the entire project to be approximately $1.25 million; and WHEREAS, the Foundation has requested that the City provide appropriations of a total of $500,000 for the Project (which will not include any appropriation for operating expenses) pursuant to the terms and conditions of this Agreement; and WHEREAS, the parties wish to reduce to writing the understanding of the parties concerning this matter. NOW, THEREFORE, the parties mutually agree as follows: SECTION 1. REPRESENTATIONS AND AGREEMENTS BY TIlE FOUNDATION. The Foundation hereby represents and agrees as follows: The Foundation is a cultural nonprofit Virginia corporation and has applied for a 501(c)(3) tax exempt status from the United States Internal Revenue Service. Bo That the representations set forth above concerning the Project and its estimated costs are true and accurate. Co The funds which the Foundation is requesting from the City will be used solely for the Project, and will not be expended in the operation of H:LM'~llSC~-grandlntheatr¢.rcv I 11501 the Grandin Theater. The Foundation agrees not to request that the City provide operating funds for the Theater. D. The Grandin Theater will continue to be operated as a movie theater, unless the City agrees otherwise in writing. E. The Foundation will pay the City real estate taxes on the Grandin Theater, as assessed by the City. SECTION 2. REQUEST FOR FUNDS BY THE FOUNDATION. The Foundation hereby requests that the City provide appropriations of funds to the Foundation as follows: mo $100,000 to be paid to the Foundation within ten (10) days from the date that the Foundation gives the City notice in writing that such funds are needed for the acquisition of the Grandin Theater, such funds to be used solely for the acquisition of the Grandin Theater. Bo $400,000 to be paid to the Foundation at the rate of $80,000 per year for five (5) years beginning July 1,2002, after the Foundation certifies in writing to the City Manager that it has obtained and has in hand sufficient funds or donations to match such payments. Provided, however, and subject to the terms and conditions of this Agreement, such payment from the City will not be made to the Foundation until thirty (30) days after th~ City, through the City Manager, receives sufficient written documentation to establish the Foundation's compliance with the conditions precedent set forth above, and provided that the initial payment shall not be made until the Foundation has established that it has raised a minimum of $180,000, exclusive of the City's donation. SECTION 3. CITY APPROPRIATION OF FUNDS. The City, pursuant to Virginia Code §§ 15.2-944 and 15.2-953, will provide for the appropriation of the $500,000 requested by the Foundation, subject to the terms and conditions of this Agreement, as requested in Section 2. Appropriation of fund beyond the City's current fiscal year will be subject to the future appropriation of such funds by City Council. SECTION 4. SALE OR ASSIGNMENT. The Foundation agrees not to assign or transfer any part of this Agreement without the prior written consent of the City, which consent the City agrees not to withhold H: ~uMISC~-~'aadlnlhea~:. r~v I 11501 2 unreasonably, and any such assignment will not relieve the Foundation from any of its obligations under this Agreement. The Foundation agrees not to sell or convey the Grandin Theater to any other party without the prior written consent of the City, which consent the City agrees not to withhold unreasonably. If the Grandin Theater is sold or conveyed within the first five (5) years of this Agreement to other than a nonprofit entity that will operate it as a Theater, the Foundation shall repay to the City fifty per cent (50%) of any and all funds ........ " .... ~ -' '~'- ~- ..... ~---- "-- -' .... ~'"-:- Agrcclncnt derived from the sale of the Theater (not to exceed the amount the City has donated to the Theater) after the Foundation has paid off any remaining obligation it may have to pay off capital or operating expenses it incurred in the Project. Repayment to the City must come from c~'&cr the Foundation's then current accounts, or and proceeds from the sale of its assets. The Foundation's Board of Directors individually will not .be responsible for any repayment of any kind to the City. Contributions by the public to the Foundation may not be used to repay the City. SECTION 5 REPORTS TO THE CITY AND BOOKS AND RECORDS. The Foundation will keep the City, through the City's Economic Development Director, advised of the progress of the Project and related matters. The Foundation further agrees to allow the City and/or its representative to inspect, audit, copy or examine any books, documents, or other relevant material in connection therewith upon written request by the City in cbrmection with the Project and the use of funds appropriated by the City for the Project. SECTION 6. COMPLIANCE WITH LAWS. The Foundation agrees to comply with all applicable federal, state, and local laws and regulations. SECTION 7. COUNTERPART COPIES. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. SECTION 8. SUCCESSORS. The terms, conditions, provisions and undertakings of this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. .H:XAMIaL-'xa-srafldinfl~m,e.rcv I 11~01 3 unreasonably, and any such assignment will not relieve the Foundation from any of its obligations under this Agreement. The Foundation agrees not to sell or convey the Grandin Theater to any other party without the prior written consent of the City, which consent the City agrees not to withhold unreasonably. If the Grandin Theater is sold or conveyed within the first five (5) years of this Agreement to other than a nonprofit entity that will operate it as a Theater, the Foundation shall repay to the City fifty per cent (50%) any and all funds donated to the Foundation pursuant to this Agreement, less the total amount of admissions taxes collected at the Theater from the date of this Agreement, after the Foundation has paid off any remaining obligation it may have to pay off capital expenses it incurred in the Project. Repayment to the City must come from either the Foundation's then current accounts, or proceeds from the sale of its assets. The Foundation's Board of Directors individually will not be responsible for any repayment of any kind to the City. Contributions by the public to the Foundation may not be used to repay the City. SECTION 5 REPORTS TO THE CITY AND BOOKS AND RECORDS. The Foundation will keep the City, through the City's Economic Development Director, advised of the progress of the Project and related matters. The Foundation further agrees to allow the City and/or its representative to inspect, audit, copy or examine any books, documents, or other relevant material in connection therewith upon written request by the City in connection with the Project and the use of funds appropriated by the City for the Project. SECTION 6. COMPLIANCE WITH LAWS. The Foundation agrees to comply with all applicable federal, state, and local laws and regulations. SECTION 7. COUNTERPART COPIES. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. SECTION 8. SUCCESSORS. The terms, conditions, provisions and undertakings of this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. H:XAMlSCha-grandinthealre.rev I I 1501 3 SECTION 9. NONDISCRIMINATION. The Foundation agrees not to discriminate on the basis of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment in its employment practices, contracting or provision of services in violation of any applicable laws. SECTION 10. FORUM SECTION AND CHOICE OF LAW. By virtue of entering into this Agreement, the Foundation agrees and submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia and further agrees that this Agreement is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia. SECTION 11. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties and supersedes all prior agreements between the parties. No amendment to this Agreement will be valid unless made in writing and signed by the appropriate parties. IN WITNESS WHEREOF, the parties have executed this Agreement by their authorized representatives. ATTEST: CITY OF ROANOKE Mary F. Parker, City Clerk By City Manager WITNESS: GRANDIN THEATER FOUNDATION, INC. By Printed Name and Title Printed Name and Title H:'OMM1S C~-grandin theatr e.rev I 11501 4 Approved as to Form: Approved as to Execution: City Attorney City Attorney Appropriation and Funds Required for this year for this Contract Certified and the remaining funds are subiect to appropriation by City Council: Director of Finance Date Acct. H:'~SC~a-srandinth~atl'~.rev I 11 ~0I 5 IMMEDIATE ATTENTION RECEIVED OITY CLERKS OFFICE Office of the City Manager NoveOlbel~!/919o~2:11 Honorable William White, Sr., Council Member Dear Mr. White: As a follow up to our phone conversation the afternoon of November 16, 2001, regarding your questions concerning the Grandin, and written confirmation of my responses, I offer the following: While the City Council and administration encourage the review of all capital requests during our financial planning workshop and subsequent budget review, not all requests can meet this time schedule. Opportunities such as the Civic Center improvements where State legislative assistance is being sought occasionally require out-of- cycle consideration. In the case of the Grandin, a six to eight month closure pending a July Ist action would seriously curtail efforts to revitalize the theater. You will note that the sources for funding the initial $100,000 have already been identified and this appropriation does not impact other capital projects ($97,000 undesignated capital funds and $3,000 reserve from capital buildings). The remaining $400,000 is planned over the next 5 years beginning FY2003 at $80,000 a year and is subject to annual appropriation and matching funds. The city's 5 year funding of Camp Jaycees was handled in a similar fashion through CMERP funds, which I would anticipate as the source for the remaining $400,000. Therefore, I do not expect this project to cause others to be unfunded. All agenda items requiring funding must be certified by the Department of Finance before resolutions are prepared and made a part of the council agenda. 4. The City Attorney provided the following response when copied on your letter: "The City is authorized by Sec. 15.2-944, Code of Virginia, to appropriate money to "nonstock corporations chartered under Virginia law for the purpose of acquiring and preserving" "sites, landmarks, structures and records of historical interest and value to the Commonwealth". The Grandin Theater Foundation, Inc., is nonstock and has been chartered under Virginia law to acquire and preserve the Grandin Theater. The Theater is certainly a landmark and structure of historical interest and value to this community, and Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us Honorable William White, Sr. November 19, 2001 Page 2 thus to the Commonwealth. (It would be helpful to know if the theater has been accorded any formal recognition as an historic landmark or structure.) The Foundation's business plan identifies it as "Roanoke's last historic movie theater", and indicates that the Foundation will enlist the League of Historic American Theatres as a consultant." Upon receipt of your letter, I asked Will Claytor to render an opinion on value. I should have his analysis by meeting time today. I would offer that the price negotiated by the Foundation for the purchase of the theater involves not only the real and personal property but the business itself, its reputation, contacts with booking organizations, etc. The latter has a value that is not there for a new business under a different name, for example, your CPA business, if sold, would have greater value trading as William White, Sr., CPA, than a new, unknown CPA occupying your building. I trust this information adequately addresses your concerns. Sincerely, Darlene L. Burcham City Manager DLB:ca C~ Honorable Mayor and Members of Council William M. Hackworth, City Attorney ~vlary F. Parker, City Clerk James D. Grisso, Director of Finance Addendum to 11/19/01 letter to Bill White 1:30 p.m. Will Claytor visited the Grandin Theater this morning, remeasured the building, and on the basis of that measurement, adjusted the assessment upwards from $165,000 to $235,000. His records indicate the owner purchased the building in 1999 for $75,000 from family and declared $40,000 of personal property with the City of Roanoke. The business grossed over $300,000 last year with retail sales of just under $100,000. .. "" ~ -0i ~]~:12A Gary and Barbara Duerk (540) 343-2791 .a. DATE: October 29, 2001 TO: RE: FROM: Ralph K. Smith, Mayor Members of Council Roanoke Neighborhood Partnership November 19 meeting Barbara Duerk, Chair Dear Mayor and Council members, The RNP annual meeting is in November. I am disappointed Council and the RNP Steering Committee will not be able to jointly meet at the 5:00 p.m. dinner meeting on November 19 to inform council of the work that has occurred during the past year. The RNP will be meeting on the evening of November 19. If you will allow, I would like to make a 15 minute presentation on the benefits of living in Roanoke's Neighborhoods. During that time, I would like to celebrate our successes. This past year · has been a year of change, growth and redirection. I would like to recognize the members of the RNP Steering Committee, the compiled list of neighborhood priorities and the Neighborhood leaders that voluntarily identify and address concerns in their neighborhoods. The RNP have a power point presentation showing some of the completed neighborhood projects and housing stock in the neighborhoods. .Y. es, Roaoke is a nice place to liv. e, work and visit. Once a year mt would be nice to recognize ne,ghborhood leaders as part of the volunteer team making Roanoke a great place to live, work and visit. November 19th would be a good time. Thursday, November 15, 2001 . De.3r Mayor and Members of Council, The RNP Steedng Committee's report, agenda # 6, will recognize neighborhood leaders and the benefits of neighborhood organizations. This communication is to you, the elected leaders, to let you know from my perspective the situation with the RNP and some of the possible options. The RNP office has not been functioning efficiently nor effectively for several years. Change is happening and should be supported to provide services, at minimal cost, to Neighborhoods. Volunteer Steedng Committee members should augment the work of paid employees. Volunteers can organize trainings, help with marketing, join Roanoke Neighborhood Resources and supply the banker, lawyer, builder, etc. multiple needs that come under Neighborhood support. Neighborhood leaders "work" in their neighborhoods to identify and address concems. Neighborhood leaders are part of the solution to eradicating negative from the city. Neighborhood volunteers "work" to implement City Council's vision. The RNP Steering committee "works' to award and recognize neighborhood leaders. That is one of the reasons SC held in May in City Council Chambers a videoed Neighborhood Status Report. That is why the SC is recognizing neighborhood leaders today at City Council. It is difficult for many SC leaders to get off work to come to a 2:00pm session. Note: Many of the neighborhood workers are not on boards, authorities and commissions so are not recognized, except at today's meeting, for their volunteer efforts. - There has been a lot of change in 2001. The SC bylaws were changed to be gender neutral, advance work in ACTION TEAMS, and AACT - assistance, advocacy, communication and training for neighborhood priorities. The SC meetings were changed to monthly. The time was changed to 4:30pm-6:00pm. A called meeting in April started a Long Range Advance (not Retreat like some organizations go on retreat) strategies. The first Neighborhood Status Report was held in May. The first spark plug award was presented in July.' Thanks to administration, there was more monies for 2001 mini grants. In October, the SC helped recommend the Neighborhood Development Pilot Project. Some of our neighborhoods are inactive. Some neighborhoods represent a small group with specific interest and are not inclusive of all members in the neighborhood. Some neighborhoods lack skills to fo[ward neighborhood concerns ...... Some neighborhoods are well organized and self supporting. It has got to get better ........... 1998 +Coordinator, Miriam Alam's passive aggressive personality caused friction between city departments, administration and Neighborhoods. The Steering Committee's leadership and it's committees were controlled by Alam. October 2000 - Alam resigns after the 20th Anniversary celebration. Neighborhood Planner James Settles gets involved with updating the comprehensive plan. Early Spring 2001 Settle resigns April 2001 Niamke hired as coordinator. Neighborhood Services and RNP are part of hi~. responsibilities. Fall 2001 Neighborhood Development Specialist still vacant What you can do? Appoint members to the Steering Committee who are qualified, dedicated and represent neighborhood leaders, city agencies that have programs that impact neighborhoods, private businesses - banks, marketing, lawyers, public relations, and nonprofit/Voluntary organizations. The RNP bylaws state that a person is first appointed to a one year term. If they serve well, they can be reappointed for a three year term. This provision was made to prevent people being appointed and never getting involved. Our bylaws say a person can be removed from the Steering Committee if they do not attend 3 consecutive meetings. We need city council to not reappoint and remove members who are unable to commit time, talent and energies to support of Neighborhoods. CC: Darlene Attached: SC bylaws Roanoke Neighborhood Partnership BYLAWS OF THE ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE ARTICLE I Title The name of the organization shall be the Roanoke Neighborhood Partnership, a program of the City of Roanoke. The Roanoke Neighborhood Parmership shall herein be referred to as the Parmership or RNP. ARTICLE H Statement of Purpose The Roanoke Neighborhood Partnership is an action-oriented coalition of neighborhoods, businesses and Roanoke City Government working to preserve and improve the quality of living in Roanoke. The Parmership shall accomplish this purpose by acting as a liaison between independent neighborhood organizations and the public, private, and nonprofit/voluntary sectors. The Parmership shall be a program that accepts applications of organized neighborhoods which meet the Partnership membership criteria. The Parmership shall provide assistance, advocacy, communication and training to these independent organizations who apply to the Partnership. Each neighborhood organization operates independently of this program. As such, the Parmership does not have control or authority over the independent organizations and the independent organizations shall not be voting members of the Parmership. ARTICLE IH Steering Committee The Steering Committee shall manage and control the business and affairs of the Partnership. SECTION 1 - Number and Composition. The number of representatives of the Steering Committee shall consist of no more than 30 individuals with representation from each of the following sectors: (a) (b) (c) (d) Neighborhood - leaders; Public - city agencies and elected officials; Private - corporations, financial institutions and merchants; Nonprofit/Voluntary - churches and other charitable institutions. SECTION 2 - Qualifications and Appointments. Membership on boards, authorities, commissions and committees shall, except where required for a specific reason or an unusual circumstance, be restricted to residents of the city. Appointments are by council and shall be based up qualifications acquired through experience, training and education, interest, willingness to serve and dedication to promoting the best interests of the city and its residents. Membership shall not be restricted by race, creed, color, sex or religion. It is the intent of council to have a membership balance among the various interests in the city. {From Sec. 2-281 (b) Roanoke City Code} SECTION 3 - Term of Office. Members of the Steering Committee shall be appointed to an initial one (1) year term. At the end of the initial term each member is eligible to serve two additional three SECTION 4 - SECTION 5 - SECTION 6 - SECTION 7 - SECTION 8 - SECTION 9 - SECTION 10- (3) year terms as recommended by the full Steering Committee and approved by the City Council of Roanoke with the term to commence after the adjournment of the annual meeting. At the October meeting of the Executive Action Team, the attendance of Steering Committee members will be reviewed. The Executive Action Team shall then make a written recommendation to City Council regarding the reappointment of Steering Committee members, as well as absenteeism on the Steering Committee. Thereafter, any member may serve additional one (1) year terms as recommended by the full Steering Committee and approved by the City Council of Roanoke to commence after the adjournment of the annual meeting. Resignation. Any member may resign at any time by giving written notice of such resignation to the Steering Committee Chair. Vacancies. Any vacancy occurring on the Steering Committee may be filled for the unexpired portion of the term by recommendation of the Steering Committee and by City Council appointment. Removal. City Council may vacate the position of any Steering Committee member who is absent from three consecutive Steering Committee meetings. The Executive Action Team shall make an annual report to City Council on Steering Committee absenteeism in accordance with Article 1II, Section 3 of these Bylaws, and at such other times as may be necessary. Meetings. Regular meetings of the Steering Committee shall be held during the months of January, March, May, July, September and November at such time and place as determined by the Executive Action Team. The annual meeting shall be held in the month of November at the time and place determined by the Executive Action Team. Notice of the place, date and time of the annual meeting and all other meetings of the Steering Committee shall be given to each member by mail, telephone or in person, not less than five (5) days if by mail, or five (5) days if by telephone or person. Quorum. A majority of five (5) members present at any meeting of the Steering Committee called with due notice shall constitute a quorum for the transaction of business. Order of Business. The order of business at all meetings of the Steering Committee shall be decided by the Chair. Compensation. Steering Committee members shall not receive any stated salary or compensation for their services as members, but by resolution of the Steering Committee, a member may be allowed a reasonable sum for reimbursement of expenses incurred on behalf o f the Partnership. ARTICLE IV Officers SECTION 1 - SECTION 2 - SECTION 3 - SECTION 4-- SECTION 5 - Number. The officers of the Steering Committee shall consist of 1) Chair, 2) First Vice-Chair, 3) Second Vice-Chair and 4) Past-Chair, as well as additional officers as may be deemed necessary by the Steering Committee. Qualifications, Elections, and Term of Office. All officers shall be members of the Steering Committee. The Chair, First Vice-Chair and Second Vice-Chair shall know the structure and purpose of the organization. The outgoing Chair automatically assumes the office of Past Chair at the conclusion of the annual meeting. All other officers shall be elected at the annual meeting of the Steering Committee held in November. The Chair will accept recommendations from the Nominations Action Team and open the floor for nominations. All elections shall be by secret ballot. However, any uncontested election may be held by voice vote. The Chair shall appoint three tellers who will count the ballots and report the results of the election at the annual meeting. In the event there is but a single nominee for each office, a secret ballot will not be required and the Chair shall declare the nominees duly elected. The term of office shall commence after the adjournment of the annual meeting. Term of Office. Al1 officers shall hold office for one (1) year term or until his or her successor is qualified and elected. No member shall be eligible to serve more than two (2) consecutive terms in the same office. Vacancies. In the event of a vacancy occurring in the office of Chair, the First Vice-Chair and Second Vice-Chair, respectively, shall serve as Chair until the next annual meeting or until a successor is elected. In the event of a vacancy occurring in the office of First Vice- Chair, the Second Vice Chair shall serve as First Vice-Chair until the next annual meeting or until a successor is elected. In the event of a vacancy occurring in the office of Secorid Vice- Chair, the Chair shall appoint a successor until the next annual meeting. Duties of Officers. The duties of the officers of the Steering Committee shall be as follows: (a) Chair. The Chair shall: Co) Preside at all meetings of the Steering Committee and the Executive Action Team and conduct meetings with a formal order of business; Serve as an ex-officio member of all Action Teams except the Action Team on Nominations; Appoint all Acuon Teams with the approval of the Executive Action Team; Represent the Steenng Committee at official functions; Sign all necessary correspondence and reports; Assume other responstbilities as may be designated in the bylaws or otherwise prescribed. First Vice-Chair. The First Vice-Chair shall: Preside in the absence of the Chair; Assist the Chair; Chair Action Teams as requested; Represent the Steering Committee at official functions as requested; Assist Partnership staff as requested; Assume other responsibilities as may be designated in the bylaws or otherwise prescribed. (c) Second Vice-Chair. The Second Vice-Chair shall: Preside in the absence of the Chair and First Vice-Chair; Assist the Chair and First Vice-Chair; Chair Action Teams as requested; Represent the Steering Committee at official functions requested; Assist Parmership staff as requested; Assume other responsibilities as may be designated in the bylaws or otherwise prescribed; Ensure that minutes of the Executive Action Team and Steering Committee meetings are properly recorded and kept. (d) Past-Chair. The Past-Chair shall: Serve as consultant to the Chair; Serve on the Executive Action Team as an ex-officio member; Serve on other Action Teams as requested by the Chair; Represent the Steering Committee at official functions as requested. SECTION 6 - Compensation. The officers shall not receive any stated salary or compensation for their services as officers, but by resolution of the Steering Committee, an officer may be &llowed a reasonable sum for reimbursement of expenses incurred on behalf of the Partnership. ARTICLE V Action Teams SECTION 1- Executive Action Team. The Executive Action Team shall transact business between Steering Committee meetings and shall establish administrative policies. SECTION 2 - Number and Composition. The Executive Action Team shall be comprised of: (1) (2) (3) (4) (6) All officers of the Steering Committee; The chairpersons of the standing Action Teams of the Steering Committee; The Chief of Community Planning for the City Of Roanoke; The Partnership Coordinator shall be a non-voting member; The City Council liaison to the Steering Committee; and Two additional Steering Committee members may be appointed to the Executive Action Team at the option of the Chair of the Steering Committee. SECTION 3 - Qualifications and Appointment/Election. The officers shall be elected yearly at the annual meeting. The newly appointed Steering Committee Chair shall appoint two (2) Steering Committee members after the adjournment of the annual meeting. The Chief of Community Planning remains an ex-officio member of the Executive Action Team with voting privileges. The Partnership Coordinator shall be a non-voting member. SECTION 4 - SECTION 5 - SECTION 6 - SECTION 7 - SECTION 8 - SECTION 9 - SECTION 10 - SECTION 11 - SECTION 12 - Term of Office. With the exception of the Chief of Community Planning, the Parmership Coordinator and the City Administration member, each Executive Action Team member will serve a one (1) year term to be reappointed or elected on an annual basis. No member shall be eligible to serve more than two (2) consecutive terms in the same position except the Chief of Community Planning, the Partnership Coordinator and the City Administration member. Vacancies. Any vacancy occurring on the Executive Action Team may be filled for the unexpired port!on of the term by Steering Committee Chair appointment and Steering Committee approval. Any member so appointed shall hold office until the appointment or election of his or her successor. Meetings. Regular meetings of the Executive Action Team shall be held during the months of February, April, June, August, October and December. All other meetings of the Executive Action Team shall be at the call of the Chair. Quorum. A majority of four (4) members of the Executive Action Team, called with due notice, shall constitute a quorum for the transaction of business. Order of Business. The order of business at all meetings of the Executive Action Team shall be decided by the Chair. Compensation. Executive Action Team members shall not receive any stated salary or compensation for their services as Executive Action Team members, but by resolution of the Steering Committee, an Executive Action Team member may be allowed a reasonable sum for reimbursement of expenses incurred on behalf of the Partnership. Responsibilities. The responsibilities of the Executive Action Team shall be: (a) (b) (c) (d) (e) To report all transactions at the next meeting of the Steering Committee; To establish administrative policies; To appoint all Action Teams (standing, special, ad hoc); To recommend, with the concurrence of the Steering Committee, individuals to serve when vacancies occur on the Steering Committee, if possible from the sector where the vacancy occurred. Said recommendation shall be made in writing to City Council in a timely fashion to ensure the vacancy is filled; and To distribute the minutes of the Executive Action Team and Steering Committee prior to each meeting of the Steering Committee. Action Teams. The Executive Action Team may designate one (1) or more Action Teams, each of which shall consist of one (1) or more Executive Action Team members and two (2) or more Steering Committee members which shall perform such duties and exercise the authority as prescribed by the Executive Action Team. The respective Action Team Chair may appoint one (1) or more non-Steering Committee members to serve on the Action Team. Advisory Committee. The Executive Action Team may appoint from its members or from non-members, one or more advisory committees whose members shall serve at the pleasure of the Executive Action Team. Such advisory committees shall advise SECTION 1 - SECTION 1 - with and aid the officers of the Partnership in all matters designated by the Executive Action Team. Advisory Committee members shall not receive any salary but may be compensated as prescribed within these bylaws. ARTICLE VI Indemnification Indemnification. The City of Roanoke shall provide a legal defense and indemnity of all members of the'Steering Committee who are appointed by City Council or who are employed by the City as required by Ordinance No. 27798, adopted September, 1985. ARTICLE VII Amendments Power and Procedure. These bylaws may be altered, amended or repealed, or new bylaws may be adopted by the affirmative vote ora majority of the Steering Committee at any annual meeting or other meeting of the Steering Committee provided, however, that written notice of such proposed action is given by mail to each Steering Committee member by the Executive Action Team at least five (5) days prior and in no case greater than thirty (30) days prior to the meeting at which such action is to be considered. Revised and approved by the Steering Committee 3/01 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 2401 I- 1536 lelephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us November 20, 2001 File #132-137 STEPHANIE M. MOON Deputy City Clerk The Honorable John S. Edwards Member, Senate of Virginia P. O. Box 1179 Roanoke, Virginia 24.006-1179 The Honorable A. Victor Thomas Member, House of Delegates 1301 Orange Avenue, N. E. Roanoke, Virginia 24012 The Honorable Clifton A. Woodrum Member, House of Delegates P. O. Box 990 Roanoke, Virginia 24005 Gentlemen: I am enclosing copy of Resolution No. 35666-111901 adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2002 Session of the General Assembly of Virginia. By separate cover, the City Attorney will transmit copy of the 2002 Legislative Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001. On behalf of the Mayor and Members of Council, you are invited to a joint luncheon meeting of City Council and the Roanoke City School Board on Monday, December 3, 2001, at 12:15 p.m., in the Emergency Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: William White, Sr., Chair, Legislative Committee William M. Hackworth, City Attorney Cindy H. Lee, Clerk, Roanoke City School Beaird H:~Agenda.01',November 19, 2001 corresp.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2001. No. 35666-111901. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2002 Session of the General Assembly. WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; and WHEREAS, the Legislative Committee of City Council has by report, dated November 19, 2001, recommended to Council a Legislative Program to be presented at the 2002 Session of the General Assembly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Legislative Program transmitted by report of the Legislative Committee, dated November 19, 2001, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2002 Session of the General Assembly. 2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 2002 Session of the General Assembly to attend Council's meeting relating to legislative matters, to be held at 12:15 p.m., on December 3, 2001. ATTEST: City Clerk. 7.bo RALPH K. SMITH Mayor CITY OF ROANOKE CITY COUNCIL RECEIVED 215 Church Avenue, S.W., goom~l~'gY CLERKS OFF)C[ Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540)853-1145 '0'~ ~ 15 ~2:05 November 19, 2001 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: 2002 Legislative Program Council Members: William D. Bestpitch William H. Carder C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Linda F. Wyatt Dear Mayor Smith and Members of Council: On October 29, 2001, City Council's Legislative Committee met to review the proposed 2002 Legislative Program. A copy of this Legislative Program is attached. After careful review, the Committee recommends it to City Council for favorable action. The School Board portion of the Program was approved by the School Board at its meeting on November 13,2001. As Chair of the Legislative Committee, I wish to thank the other members of the Committee who are Vice-Mayor Carder, Ms. Wyatt and Mr. Harhs of this Council and Mr. Wishneff and Mr. Charles Day of the School Board. We also wish to thank Tom Dick, our Legislative Liaison, and Bill Hackworth, City Attorney, who coordinated and prepared this Program. Please put on your calendars for January 31, 2002, the annual VML Legislative Day in Richmond, and the dinner traditionally hosted by the City in conjunction with that gathering. As Chair of the Legislative Committee, I commend the Program to City Council for its careful study and review. I am confident the members of the Council will agree that the recommended Program will advance the legislative interests of the City and its people at the 2002 Session. Respectfully submitted, William White, Sr., Chair Legislative Committee WWSr/f H:\LEGIS~L-hm2002pro The Honorable Mayor and Members November 19, 2001 Page 2 Attachments cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Charles W. Day, Member, School Board Brian J. Wishneff, Member, School Board Dr. E. Wayne Harris, Superintendent Richard L. Kelley, Assistant Superintendent for Operations and Legislative Liaison Mary F. Parker, City Clerk Thomas A. Dick, Legislative Liaison H:XLEGISXL-hm2002pro 7obo 2002 LEGISLATIVE PROGRAM CITY OF ROANOKE CITY COUNCIL SCHOOL BOARD Ralph K. Smith, Mayor William F. Carder, Vice-Mayor William D. Bestpitch C. Nelson Harris Sherman P. Lea, Chair Ruth Willson, Vice-Chair Charles W. Day Marsha Ellison W. Alvin Hudson Gloria P. Manns William White, Sr. Linda F. Wyatt Melinda J. Payne Brian J. Wishneff CITY MANAGER SUPERINTENDENT Darlene L. Burcham Dr. E. Wayne Harris William M. Hackworth City Attorney 464 Noel C. Taylor Municipal Building Roanoke, VA 24011 540-853-2431 l~\beg~s~ah£ve ln~o\2OOOccsb The City Council is pleased to commend this Legislative Program for consideration by the 2002 Session of the General Assembly. The City Council, representing all the people of our All-America City, is uniquely qualified to understand the legislative needs of City government and our people. We are of the opinion that this Program is responsive to those needs. As a policy matter, we continue to believe that local governments are the best vehicles for the delivery of many services to the public because local governments are closest to the people and the most responsive. We continue to be concerned about the cumulative effect of Federal and State legislative and regulatory mandates, many of which are unfunded, and about the continued erosion of local revenue sources. This Program is a combined Program for City Council and the School Board. You will note that we have made a conscientious effort this year to pare our Program down to the issues that we believe are of the most importance to the citizens of this City. The City Council portion was prepared by the City's Legislative Liaison, Thomas A. Dick, and City Attorney, William M. Hackworth, with the assistance of comments and suggestions from Council members, City administrators and citizens. The School Board portion was prepared by Richard L. Kelley, Assistant Superintendent for Operations, who serves as Legislative Liaison for the School Division, with the assistance of advice and comments from the School Board and administrators. The entire Program has been carefully reviewed by City Council's Legislative Committee consisting of Chairman William White, Sr., Vice-Mayor William H. Carder, C. Nelson Harris, Linda F. Wyatt, Brian J. Wishneff and Charles W. Day. Upon the recommendation of the Legislative Committee, the Program was adopted and endorsed by City Council on November 19, 2001. See Resolution No. , a copy of which of which is attached. If during the course of the Session our legislators have questions concerning the position of the City or School Board on legislative matters, they are encouraged to contact the Legislative Liaison for the City or School Board, who I know will be pleased to respond after consultation with appropriate officials. I also know that representatives of the City and School Board will be in contact with our legislators on many occasions during the 2002 Session, and their consideration of these communications is deeply appreciated. With the support of our legislators, and this City is fortunate to have legislators who are most supportive and responsive to the needs of our City and its citizens, I know that our City government and School Division will be improved and that the quality of life for our citizens will be advanced. Ralph K. Smith Mayor 2002 Legislative Program 1. City Charter Amendments - City Charter amendments are needed that the General Assembly must approve, in order to update the Charter and to modernize the powers of the City. The Charter has not been comprehensively updated since 1952. 2. Education Funding - The City of Roanoke is spending $25 million more than is "required" to meet the State Standards of Quality (SOQs). The State should fully fund the cost of education as needed to meet the SOQs and provide a permanent funding source for school capital construction. 3. Roanoke Civic Center, Amphitheatre and Stadium Improvements Funding - The City's civic events irrffastmcture - the civic center, amphitheatre and stadium - require substantial investment to meet the needs of the community. While no State funding for these improvements is requested, additional flexibility in the local funding mechanisms allowed by the State to modernize these facilities is required. To partially fund the improvements in these public facilities, the legislature should grant authority to the City to allow discretion to levy an admissions tax at these facilities at a higher rate than elsewhere in the City. Sales tax revenues fi:om these facilities should be allowed to be retained by the City to help fund these improvements in the same manner as other localities. 4. Civic Facilities Competitiveness - The civic center and other facilities of this type in the City support an important segment of the local economy, particularly hotel, restaurant and retail sales. These civic facilities compete with the facilities in other states for events at a competitive disadvantage. While State law allows for the sale of beer and wine at these facilities for professional sporting events, it does not allow the sale of beer and wine at non-sporting events. To be able to compete with other event sites in Virginia as well as those in other states, the City should have this authority. 5. TransDominion Express - Roanoke supports the proposal to extend passenger rail service fi:om Bristol through Roanoke and on to Lynchburg and then to Washington, D.C. and Richmond, VA. Roanoke is the largest city in Virginia without passenger rail service. The 2000 General Assembly provided $9 million in preliminary funding for this important economic development initiative. The City supports the additional State funding necessary to place the service into operation. 6. Inspection of Rental Properties - The City requests authority to provide for inspections of rental property (§36-105) in areas other than conservation and rehabilitation districts and sections designated as spot blight areas and upon specific time intervals, regardless of whether tenancy or ownership changes, upon a finding that conditions in such areas warrant regular inspections of rental property. 7. Support for Virginia First Cities Coalition - As a member of Virginia First Cities, a group of 14 of the State's older cities, Roanoke supports the broad legislative objectives of this coalition, including: Return of a percentage of the state income tax to local governments using a formula based upon wage location, residence and a uniform base amount, with wage location as the primary factor. Return funding responsibility to the State for the following services: jails, sheriff, health, social services, courts, CSA, mass transit, and constitutional officers. Correct the disparities in the composite index to more accurately reflect local ability to fund education. Increase State support for the physical revitalization of older cities through better allocation of resources and development of an urban policy. First Cities Legislative Initiatives Additionally, Roanoke supports legislation to: · Update the Enterprise Zone authorization beyond the current sunset date, give priority for new zone creation to urban areas with revitalization needs and raise the cap on tax credits for rehabilitation from $125,000 to $250,000. · Provide funding ($10 million each) for Housing Revitalization Zones and the Urban Public-Private Redevelopment Fund. · Support increased urban transportation funding that would correct the inequities in the urban street maintenance formula and amend the mass transit funding formula to reflect the same percentage of State funding as highways. School Board Legislative Priorities The major legislative priorities of the Roanoke City School Board are for the State to: 2. 3. 4. Improve its share of funding public education based on the results of the JLARC study; Provide incentives for the recruitment and retention of teachers and principals; Maintain local govemance over K-12 educational and administrative issues; Continue to support standards and consequences for school accreditation that are non-punitive in nature; Address student safety and discipline issues through additional funding and program support; and Enhance the State's support of school outlay projects through a permanent funding source for school construction and debt requirements. The City of Roanoke endorses the School Board Legislative Program in its entirety and attaches and incorporates it into the City Legislative Program. Legislation the City_ Would Support Blight Related Remedies Roanoke City supports several important remedies to the problem of urban blight: The General Assembly should amend § 15.2-1127 of the State Code to increase the current small registration fee of $25 for vacant buildings to $500 to assist localities in addressing the additional costs of fire, police and inspection activities related to vacant properties. The State should streamline the legal process applicable to sale of properties on which delinquent taxes are owed so that these properties can be transferred to responsible ownership more expeditiously and less expensively; or in the absence of this, the State should allow localities to sell real estate tax lien certificates as done in some other states. · The City seeks an amendment to §5.2-2119 to clarify that it and other localities have the authority to place a lien against real estate for unpaid water bills. · The City supports legislation that would amend §36-49.1:1 of the Code of Virginia so that localities can use spot blight abatement procedures within conservation and redevelopment areas. Regional Competitiveness Act Fundine Funding for the Fifth Planning District Regional Alliance was cut when the State budget for 2002 was not amended. This State fimding primarily supports workforce development efforts to strengthen the region's competitiveness. Additional funding of $965,000 for this important program should be provided in the 2002 fiscal year appropriation to restore the funding to a more appropriate level. Aircraft Taxation and Incentives The City of Roanoke supports tax incentives that would provide encouragement for aircraft to be located at Virginia airports. Section §58.1-1500 of the State Code should be amended to reduce the State's tax on the sale of aircraft in the Commonwealth. Any reduction in revenues should be replaced with State general fund dollars. Research and Development Tax Credit In 1999 the General Assembly passed HB 1667 to create a research and development tax credit up to 15% spent by a taxpayer on eligible research and development activity. The legislature did not re-enact the provision as required. The City supports approval of this measure. Telecommunications Tax Collections Localities are losing tax revenues provided for under existing law fi.om telecommunications firms that begin new service in a locality but never notify that locality that they are operating. The City supports legislation to require each telecommunications company to notify each locality that they are doing business in that locality. Additionally, some types of telephone services, such as prepaid cellular services and telephone cards, are not taxed or are not taxed on the same basis as other telephone services. Some equitable way of assessing the required tax on mobile telecommunications ($3.00 or ten percent of the first $30.00) should be found, such as imposing the tax on whatever entity wholesales such services or cards to retailers. Roanoke also supports an amendment to the Code of Virginia to clarify that the City can impose a late payment penalty and disallow the collection fee/discount for late payment of local taxes by utilities collecting the Consumer Utility Tax, E-911 tax and other taxes. Policy Positions Commissions to Study Local Government Needs The legislature is conducting studies conceming State and local tax structure and the Governor has appointed a Tax Issues Commission. In recent years, numerous studies have been conducted that have provided useful information. The Commission on the Future of Virginia's Cities and the State and Local Tax Structure Commission have identified issues and developed recommendations that have not been implemented. Roanoke recognizes the need for review of these important issues but urges that useful results of the studies actually be implemented by the legislature so their benefits will finally be realized. State Support for Cultural Agencies and Activities Institutions such as the Center in the Square and its constituent agencies, the Virginia Museum of Transportation and the Commonwealth Games all attract tourists to the region and help support the economy. City Council is appreciative of the legislature's partial funding of regional cultural institutions and regional events in previous years. The General Assembly should restore the critical funding that was not provided for these agencies in the 2001-02 State Budget and in the proposed new State Budget for 2003 and 2004. Furthermore, the State is encouraged to develop a policy that ensures stable funding for ,these agencies. Additional funding sources such as asset districts of one or more localities where additional sales tax revenues could be designated to help fund these entities and programs should also be explored. Mental Health Funding The State should expand its scope of mental health services to include those with traumatic brain injuries. The State should provide additional funding to operate a comprehensive mental health facility in the western part of the State. Such facilities already operate in at least two other parts of the State, but not in the southwestem region of Virginia. Additionally, special consideration should be given to meeting mental health needs that fall under the jurisdiction of the court system. Transportation (Including Mass Transit) Funding Adequate funding, especially that for mass transit, is critical to keep Virginia's transportation system viable. In addressing transportation needs, the General Assembly should consider: adjusting fund sources such as the motor fuels tax, to keep pace with inflation; imposing moderate increases in state transportation-related taxes and fees; authorizing more options for long-term financing for major projects; authorizing the creation of regional transportation districts; seeking equity among various road users by 4 ensuring that tracks pay their proportionate share of road costs and promoting mass transit solutions on a regional and statewide basis. Interstate73 Roanoke supports the construction ofi-73 as an important element in the economic future of the region. The construction of the highway would strengthen both interstate and intrastate commerce and provide direct economic benefits to the Commonwealth. Dangerous Weapons on Public Property_ The City supports the enactment of enabling legislation clarifying that local govemments are authorized to prohibit the carrying of dangerous weapons in any publicly owned or leased building or property. Standards for Adult Homes The State should raise its standards for adult homes to more fully reflect the care needed for this population segment. Additionally, the State should improve funding for adult homes, particularly for indigent care. Zoning Districts Roanoke opposes any legislation that would restrict present land use powers of local govemments to establish, modify and enforce zoning classifications. Local governments should remain free to adopt and enforce zoning changes that address local land use needs. The City opposes any legislation that would limit local govemment regulation of historic zoning districts and its ability to accept proffered conditions in rezonings that relate to building features and materials. Redevelopment Initiatives Roanoke City opposes further restrictions on eminent domain powers of State and local govemments. General Policy Considerations The Federal and State governments should recognize that local governments are the best vehicles for the delivery of many services to the public because local govemments are closest to the people and the most responsive. Roanoke remains concemed with the cumulative effect of Federal and State legislative and regulatory mandates that have stressed the serious financial problems of local governments. It is essential that the State fully fund all State mandates, including public employee salaries. Roanoke is vitally concemed over the continued erosion of local revenue sources. The General Assembly is urged to leave the taxing authority and revenue sources of local govemments alone. Additionally, the State should pay a greater share of the costs of education and other essential services. City Council calls upon the Govemor and the General Assembly to develop an economic development strategy for the Commonwealth and its local governments. The strategy should include special programs for those areas west of the Blue Ridge mountains and central cities across the Commonwealth. Tourism and convention activities that enhance the economic well being of the State and its political subdivisions should be recognized as legitimate components of economic development. H:XLEGIS~20021pfran. 1 6 ROANOKE CITY PUBLIC SCHOOLS LEGISLATIVE PROGRAM--FY2002-2004 BIENNIUM State Standards The State's new standards for the accreditation of public schools will be fully implemented with the class of 2004 (present tenth grade students). The standards provide high expectations for students and schools in order for schools to be accredited and for students to graduate from high school. The standards are based on a rigorous curriculum which is annually tested, making the schools and teachers accountable for student achievement. Roanoke City Public Schools' Legislative Issues The Roanoke City Public Schools' legislative program for the 2002-2004 Biennium addresses the State initiatives necessary to assist urban school districts in meeting and exceeding the State accreditation standards. The School Board's emphasis on student promotion and intervention will be the foundation for raising school and student performance to the State standards. The School Board's legislative agenda identifies progressive legislative strategies and outcomes that are crucial to meeting the Schools' educational goals and the public's expectations for student success. The Roanoke City School Board and Superintendent have established high expectations and standards for schools and students. The objectives include: 1) Improving student achievement and focusing on student reading skills; 2) Increasing the student attendance rate; 3) Improving physical education scores on the State test; 4) Decreasing the student drop-out rate; 5) Increasing staff accountability for student performance; and 6) Improving the competitiveness of employee salaries. During the second year of the current Biennium, six Roanoke City schools met the new State accreditation standards. All Roanoke City schools demonstrated improvement on the SOL tests. The Roanoke Valley's legislative team is to be commended for its exceptional work during the last three Bienniums in securing additional State funding for education that is greatly assisting the City schools in our initiatives to meet the State standards. The efforts of area legislators have resulted in an increase of over $7.3 million in new State funding since 1998-1999. The additional State funds are being provided to: 1) Further reduce class size at the primary grade level; 2) Raise teacher salaries; 3) Reduce student absenteeism and truancy; 4) Provide student intervention and teacher training to meet the State Standards of Learning (SOLs); and 5) Assist with the cost of modernizing and replacing older school facilities. The Roanoke City School Board's legislative package for the 2002-2004 Biennium asks that the General Assembly continue to improve the State's share of funding the Standards of Quality and Standards of Accreditation. School Board Legislative Priorities The legislative priorities of the Roanoke City School Board are for the State: · To improve its share of funding public education based on the results of the JLARC study · To provide incentives for the recruitment and retention of teachers and principals · To maintain local governance over K-12 educational and administrative issues · To continue to support standards and consequences for school accreditation that are non-punitive in nature · To address student safety and discipline issues through additional funding and program support, and · To enhance the State's support of school capital outlay projects through a permanent funding source for school construction and debt service requirements The Governor and General Assembly have said that public education is a priority in the Commonwealth; however, State funding for education has declined from slightly more than 50% of the total State budget for the 1976-78 Biennium to about 38% of the State budget during the current Biennium. Legislative actions taken by the State during the first year of the current Biennium have substantially increased the State's funding commitment to public education. However, the State's economic difficulties during the second year of the Biennium resulted in an increase of only $135,000 in State funding. Public surveys, both at the State and local levels, indicate the public believes the legislature should continue the emphasis on educational initiatives and funding. The Joint Legislative Audit and Review Commission (JLARC) recently completed a study of the State funding required to meet the State Standards of Quality (SOQ) and new accreditation standards. State funding for implementing the SOQ and meeting accreditation standards is inadequate in the areas of teacher salaries, instructional materials and equipment, student testing and remediation, teacher inservice, and technology. The General Assembly is urged to increase the State's share of funding public education and make this issue its top priority. The General Assembly should continue its emphasis on reducing disparity as it relates to student performance. State incentive programs for reducing class size and educating preschool age clxildren should continue to be expanded. Roanoke City has taken advantage of both of these State incentive programs. All 19 of its 21 elementary schools eligible to participate in the primary class size initiative are participating in the program, while 10 preschool classes have been added in the last five years. The State should improve its share of funding public education by increasing the State's share of financial support in the following areas: Average Teacher Salary_ - The State Basic Aid formula for average teacher salaries is $5,600 less than the actual average salary in Roanoke City. The cost to Roanoke City is $6.20 million in additional local funds. School Staffing Ratios - The average class size for grades 4 & 5 in Roanoke City is 18 to 1 but the State formula only supports a ratio of 25 to 1. It costs an additional $1.65 million in local funds to support lower class sizes. Preschool Programs - The State should fund preschool programs at a level which serves 100% of the eligible preschool age population rather than 60% of the eligible preschool age population. Truancy Programs - Visiting teachers must be included in the Standards of Quality since they are essential to Roanoke City's truancy prevention programs. The locality expends $360,000 in funds to support the positions. Alternative Education - State funds provide support for only 10% of the program's cost. The remaining costs amounting to $1.15 million are funded by the school district. School Resource Officers - The Standards of Quality should include School Resource Officer positions. The Roanoke City Schools now expend $259,000 for these positions with no funding support from the State. School Security Equipment - No funds are provided from the State for school security equipment (e.g., video monitors, metal detectors, and radios). The State should provide a minimum of $15 per pupil for the purchase of such equipment. Most school districts in the State have experienced severe problems in the recruitment of teachers and school principals. The State should provide incentive funds to attract and retain teachers and principals. The incentives would include: 1) Scholarships for instructional aides and other support personnel who wish to obtain a teaching degree; 2) Internships for high school and college students to acquaint them with teaching as a profession; 3) Pay differentials for teachers and principals working in schools with a high percentage of at risk students; 4) Financial incentives for new teachers including relocation and signing bonuses, interest free loans for home purchase, and tax exemptions for teachers and principals working in schools located in economic enterprise zones. The General Assembly at its last session adopted legislation to allow teacher retirees to retum to work without being penalized for a loss of retirement benefits. However, the legislation also required a one-year break in service for retirees and prohibited them from being involved in an early retirement program. Both of these restrictive provisions must be removed if retired teachers are to be encouraged to participate in the program. The State has set school and student accountability as a priority. In response to the new State standards, the School Board has adopted a school incentive program that relates its objectives to measurable standards for schools and students. The State Department of Education has adopted accreditation standards based on student test performance that may result in schools losing their accreditation status. The General Assembly is encouraged to ensure that the consequences of not meeting accreditation standards are not punitive for both schools and students. The State has directed a substantial portion of State Lottery profits to school construction needs. Despite the infusion of these new funds, Roanoke City still faces a large deficit in meeting its future requirement for school construction which totals $95.0 million. The capital projects include elementary school renovation, additional classrooms and physical education facilities, instructional technology, and air conditioning improvements. Major renovation of the City's two high schools will be required starting in FY2005. State capital funds through the State Literary Loan Fund are available to fund only 17% of the total requirement. Statewide, over $6.6 billion in school capital requirements exists with only about $4.0 billion available to meet these needs. The General Assembly should adopt legislation to create an education infrastructure trust fund to finance direct grants for school construction needs using State Lottery proceeds. Standards of Learnin~ The State Department of Education has implemented a comprehensive set of learning standards for students and accreditation standards for schools. The Standards of Learning combined with the Standards of Accreditation are the basis for a system of school and student accountability. The General Assembly should review these standards to address the following issues: School improvement should be evaluated over time based on continuous progress, with additional funding assistance provided to schools based on the need for teacher professional development and student intervention services. School accreditation should be based on a combination of factors which, at a minimum, should include mastery of the Standards of Learning (SOL) and compliance with standards that are actually funded by the State. Other factors should include attendance and dropout rates, business and technical education certifications, and performance on other tests such as the Stanford Achievement Test. The Standards of Quality (SOQ) and accreditation must be adequately funded by the General Assembly to include teacher training, instructional materials and textbooks, testing services, and instructional equipment and technology. Pupil Services Legislative actions related to pupil services issues must be oriented to improving student achievement and reducing educational disparity. Recent events and concerns regarding potential terrorist activity dictate that the State must assume a larger role in funding school security and safety requirements. Localities must retain flexibility in dealing with issues regarding student placement and a student's school attendance. Issues of concern include the following: State funding for truancy and absenteeism programs should be enhanced through the inclusion of visiting teachers in the Standards of Quality at the rate of one per every 500 students. 10 The State should fund at least 50% of the locality's cost for altemative education and should provide for the funding of multiple sites within a school district. Alternative education funding provided by the State should recognize the high cost of transportation and facility services needed to support the program. State funding must be provided for the assignment of a school resource officer to every secondary school through the inclusion in the Standards of Quality of one resource officer per middle school and one per every 500 students at the high school level. School security equipment including two-way communication between school offices and class- rooms, video monitors, metal detectors, and radios/cellular telephones should be funded by the State. At minimum, each school in the Commonwealth should receive $15 per pupil for security related equipment. · Localities must retain flexibility in the educational placement required by the State for suspended or expelled students. Roanoke City now employees 12.5 FTE school nurses with local funds. The State should fund student health related services on the basis of one nurse for every 1,000 pupils in membership. Construction and Technoloev The maintenance and construction of school facilities has reached a crisis situation in Virginia with over 65% of all buildings being over 25 years old. Local funds to resolve the crisis are not readily available, and State funding through the Literary Fund does not have the capacity to support the immediacy of the requirement. Technology dictated by the new Standards of Learning requires a massive infusion of new equipment and retooling of facility infrastructures. Additional technology personnel are required to assist schools with technology operations and training. The General Assembly is urged to address construction and technology issues as follows: · The funding capacity of the Literary Fund must be restored and protected over the next two Biennia in order that additional capital funds may be loaned to localities. The State maintenance fund should be continued and increased from its present level by $10 per pupil for each year of the next two Biennia. The present level of funding is $15 per pupil. A permanent education infrastructure trust fund should be created to provide direct construction grants to schools in order to address the current crisis for building modernization and to provide for the additional classrooms required by State initiatives for smaller classes. · Student technology requirements required by the new Standards of Learning should be incorporated into the Standards of Quality in order that funding may be secured for 11 these requirements. The Standards of Quality should include a minimum of one technology assistant for every school. School Governance Local control and flexibility in school operations is a priority for school boards if the State expects accountability standards to be meaningful and achievable by schools and students. Such flexibility involves management of school finances without mandates to relinquish control to the local governing body. Governance issues of legislative concern during the next legislative session include the following: · The local school board should have control over the school calendar and the opening and closing dates for the school year. · The present system of State waivers for school accreditation standards should be retained and expanded. Local school boards must maintain control over the establishment and operation of charter schools as provided for in legislation adopted during the previous Biennium. · Drug testing of students and school personnel should be a local option and not mandated by the State. · Local school boards should retain the fight to regulate the use of non-prescription drugs by students on school property. A State study should be conducted on increasing the length of the school year and school day in conjunction with intervention programs designed to assist schools in meeting the Standards of Accreditation. State funding should be continued for the Standards of Quality regarding elementary guidance counselors and reading teachers where the Virginia Department of Education has revised the mandate. The State should not provide tax credits to parents of children enrolled in private schools or tax credits for donations to fund scholarships for the attendance of children at private schools. Governor's School Proeram A total of 15 academic-year Governor's Schools now serve 5,200 students statewide. Prior to the 1998-2000 Biennium, State funding for ongoing Governor's Schools had been frozen since 1992 at a fraction of $2,765 per pupil based on each district's composite index. During the current Biennium, per pupil funding for ongoing Governor's Schools has been increased to $3,187, again based on each district's current composite index. It is imperative that the State continue to increase 12 per pupil funding for the Governor's Schools at an annual rate of increase equivalent to the annual rate of increase in per pupil cost as computed for the State Standards of Quality. A recent State Department of Education proposal would have reduced funding for the Roanoke Valley Governor's School by 50% since it would have reclassified the program from a full-time to a half-time program. The General Assembly is requested to continue funding for the Roanoke Valley Governor's School based on its operating a full-time school. 13 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 20, 2001 File #132 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Ms. Grisso: I am attaching copy of Ordinance No. 35624-111901 establishing the annual salaries of the Mayor at $18,000.00, and the Vice-Mayor and Council Members at $14,490.00, for the fiscal year beginning July 1,2002. The abovereferenced measure was adopted by the Council of the City of Roanoke on its first reading on Monday, November 5, 2001, also adopted on its second reading on Monday, November 19, 2001, and will be effective July 1,2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Dadene L. Burcham, City Manager Kenneth S. Cronin, Director of Human Resources Barry L. Key, Director of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2001. No. 35624-111901. AN ORDINANCE establishing the annual salaries of the Mayor, Vice-Mayor and Council Members for the fiscal year beginning July 1, 2002. WHEREAS, § 15.2-1414.6, Code of Virginia (1950), as amended, authorizes this Council, notwithstanding any contrary provision of law, general or special, to set annual salaries by ordinance for the Mayor, Vice-Ma~or and each member of Council within certain limits, and this Council is desirous of exercising this authority. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. For the fiscal year beginning July 1, 2002, and ending June 30, 2003, and for succeeding fiscal years unless modified by action of this Council, the annual salaries of the Mayor, Vice-Mayor and each member of Council shall be as follows: Mayor $18,000.00 Vice-Mayor and Council Members $14,490.00 2. This ordinance shall remain in effect until amended or repealed by ordinance duly adopted by City Council. 3. The Mayor and members of Council shall continue to receive such other benefits as have previously been authorized by Council. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 20, 2001 File #60-184-429 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia James D. Grisso Director of Finance Roanoke, Virgipia Dear Ms. Burcham and Mr. Grisso: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 19, 2001, it was advised that Social Security benefits will increase by 2.6%, effective January 1, 2002. On motion, duly seconded and unamimously adopted, the question of providing a 2.6% cost of living increase for City retirees was referred to the City Manager and the Director of Finance for report and recommendation to Council during fiscal year 2002-03 budget study. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Kenneth S. Cronin, Director of Human Resources Barry L. Key, Director of Management and Budget H:~Agenda.01hNovember 19, 2001 corresp.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moor; Deputy City Clerk Sheila N. Hartman Assistant City Clerk November 20, 2001 File #60-70 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 19, 2001, Council Member Bestpitch referred to updates provided by the City Manager with regard to the Fire/EMS Agreement with Roanoke County. He raised the following questions and requested a response during fiscal year 2002-03 budget study: Inasmuch as the typical assignment for a fire engine, ladder truck, etc. is four personnel, how often is there fewer than the full number of assigned personnel available to staff equipment? How often are paid staff, either part-time or full-time, used to man .the volunteer rescue service, and how many are part-time staff receiving no benefits? Sincerely,~,X~ Mary F. Parker, CMC City Clerk MFP:mh pc: George C. Snead, Jr., Assistant City Manager for Operations James Grigsby, Chief of Fire-EMS MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerkgci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk November 20, 2001 File #79-304 John R. Dyer, President Boys & Girls Clubs of Roanoke Valley, Inc. 1714 9th Street, S. E. Roanoke, Virginia 24013 Dear Mr. Dyer: I am enclosing two copies of Resolution No. 35667-111901 supporting tax exemption of certain property in the City of Roanoke owned by the Boys & Girls Clubs of Roanoke Valley, Inc., located at 1714 9th Street, S. E., and used by it exclusively for charitable or benevolent purposes on a non-profit basis. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001, and will be in full force and effect at such time as a copy, duly signed by an authorized officer of the Applicant, has been filed with the City Clerk. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Enclosure pc: The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable David C. Anderson, City Treasurer Darlene L. Burcham, City Manager Willard N. Claytor, Director of Real Estate Valuation James D. Grisso, Director of Finance Barry L. Key, Director, Office of Management and Budget Victoria S. Tregubov, Budget/Management Analyst H:La-gcnda.01~ovember 19, 2001 corresp.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2001. No. 35667-111901. A RESOLUTION supporting tax exemption of certain property in the City of Roanoke owned by the Boys & Girls Clubs of Roanoke Valley, Inc., and used by it exclusively for charitable or benevolent purposes on a non-profit basis. WHEREAS, the Boys & Girls Clubs of Roanoke Valley, Inc., (hereinafter "the Applicant") has petitioned this Council for support of a bill to be introduced at the 2002 Session of the General Assembly to exempt certain property of the Applicant from ta>tation pursuant to Article X, §6(a)(6) of the Constitution of Virginia; 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 November 19, 2001; WHEREAS, the provisions of subsection B of §30-19.04, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the property to be exempt from taxation is certain real estate, including the land and any buildings located thereon, identified by Roanoke City Tax Map Nos. 4240101 and 4240105, and owned by the Applicant (the "Property"), providing the Property 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 Resolution and Council's support of a bill hereinafter described in Paragraph 1 to be introduced on behalf of the Applicant at the 2002 Session of the General Assembly, 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 real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council supports a bill to be introduced at the 2002 Session of the General Assembly whereby the Boys & Girls Clubs of Roanoke Valley, Inc., a non-profit organization, seeks to be classified and designated a charitable or benevolent organization within the context of §6(a)(6) of Article X of the Constitution of Virginia, and whereby certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map Nos. 4240101 and 4240105, and owned by the Applicant, which is used by it exclusively for charitable or benevolent purposes on a non-profit basis, shall be exempt from State and local taxation. 2. In consideration of Council's adoption of this Resolution and Council's support of the bill described in Paragraph 1 of this Resolution to be introduced at the 2002 Session of the General Assembly, 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 percent (20%) of the City of Roanoke real estate tax levy, which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 2 3. In adopting this Resolution, the Council has examined and considered the provisions of Subsection B of§30-19.04, Code of Virginia (1950), as amended, and pursuant to Subsection C of the same section, Council recognizes that the Property is currently assessed at $536,500.00, rei~resenting a real property tax liability of $6,491.64 for the 2002- 2003 tax year, and Council recommends to the General Assembly that the specific classification shall be benevolent or charitable. 4. The City Clerk is directed to forward an attested copy of this Resolution to the Commissioner of the Revenue and the City Treasurer for purpose of assessment and collection, respectively, of the service charge established by this Resolution, and to John R. Dyer, President of Boys & Gifts Clubs of Roanoke Valley, Inc. 5. This Resolution shall be in full force and effect at such time as a copy, duly signed by an authorized officer of the Applicant, has been filed with the City Clerk. ATTEST: Valley, Inc., this __ City Clerk. ACCEPTED, AGREED TO and EXECUTED by the Boys & Girls Clubs of Roanoke day of ,2001. Boys & Girls Clubs of Roanoke Valley, Inc. By (SEAL) Title: ATTEST: Secretary H:hMF._.A S URESh--boysandgirlsclub~. 1 3 November 19, 2001 R££ELYJED CITY CL~'Jf~.t~,p city Manager '01 NOt/13 P4:4~ Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable W. Alvin Hudson, Council Member Honorable William D. Bestpitch, Council Member Honorable William White, Sr., Council Member Honorable C. Nelson Harris, Council Member Honorable Linda F. Wyatt, Council Member Subject: Tax Exemption Request Dear Mayor Smith and Members of City Council: Background: The Boys and Girls Clubs of Roanoke Valley, Inc., owns the property known as Tax Map # 4240101 and 4240105, located at 1714 9"~ Street, SE. This property will be used for the purpose of housing administrative offices and providing daily after school and summer activities for youth members in the Southeast quadrant of the city. Annual taxes due for FY 2001/2002 are $6,491.54 with an assessed value of $82,900 for the land and $453,600 for the building. The Boys and Girls Clubs of Roanoke Valley, Inc., petitioned City Council in October 2001, requesting adoption of a Resolution in support of the organization obtaining tax-exempt status from the General Assembly on property located in the City of Roanoke. They have voluntarily agreed to pay a 20% service charge in lieu of real estate taxes per City Council's current policy. Notification of a Public hearing to be held November 19, 2001, was advertised in the Roanoke Times on Sunday November 9, 2001. Considerations: The Boys and Girls Clubs of Roanoke Valley, Inc. currently receives financial support from the city in the amount of $3,000 from the Human Service Committee and $13,642 in Community Development Block Grant funds. Loss of revenue to the City will be $5,193.21 after a twenty percent service charge is levied by the City in lieu of real estate taxes. This service charge will be $1,298.33. Commissioner of Revenue, Sherman Holland, has determined the organization is not exempt from paying real estate taxes by classification or designation under the Code of Virginia. The IRS recognizes it as a 501(c)3 tax-exempt organization. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us Honorable Mayor and Members of Council November 19, 2001 Page 2 Recommendation: Support the Boys and Gids Clubs of Roanoke Valley, Inc., exemption from taxation to the General Assembly pursuant to ^rticle X, Section 6(a) 6 of the Constitution of Virginia. Respectfully submitted, Darlene L. Burcham City Manager DLB/vst Attachments C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Sherman A. Holland, Commissioner of Revenue Willard N. Claytor, Director of Real Estate Valuation David C. Anderson, City Treasurer Barry L. Key, Director of Management and Budget #CM01-00258 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 2401 I- t 536 Telephone; (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us November 8, 2001 File #79 STEPHANIE M. MOON Deputy City Clerk Floyd A. Johnson, Executive Director Boys and Girls Clubs 1714 9th Street, S. E. Roanoke, Virginia 24013 Dear Mr. Johnson: A public hearing has been advertised for Monday, November 19, 2001, at 7:00 p.m., or as soon thereafter as the matter may b'e heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of the Boys and Gids Clubs of Roanoke Valley, Inc., for designation of property described as Official Tax Nos. 4240101 and 4240105, located at 1714 9th Street, S. E., to be exempted from taxation. It will be necessary for you, or your representative, to be present at the November 19 public hearing. Failure to appear could result in a deferral of the matter until a later date. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Enclosure The Roanoke Times Roanoke, Virginia Affidavit of Publication Ro- , ~E~EtVED The C~y~BLER~FFiCE ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 '01 NDV16 P4:26 REFERENCE: 80023382 01793197 Boys and Girls State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. ~ Sworn and subscribed b~fore me this /=_~_ day of ~~t~0~l~W4it~s~~'-"~//~-~ ~ /'7~ ~mY hand and of~T~l sea~~_~__~~ , Notary Public My commission'J/ expires ~'3/C~ PUBLISHED ON: 11/09 TOTAL COST: 114.95 FILED ON: 11/15/01 IIOTJOF OF PlflUC IIL41.~ Notice Is hereby given that the Roanoke will hokl a public to bo hold On November 19, 2001, commonclng ~t 7:00 p.m.,* in tim Council Cbsmbo~'s, 4th IRonr, ~ C. Tsyk~ Murdc- ipM Bu~lln~, 215 Churc~ Ave- hue, $. W., Ro~moka, V~glnls Boys and Girls Clubs of Roanoke Valley, Me., for de~8-. nation of property .td be s~amptlon Is requ®stsd Is Club~ of Roanoke Yslley, Inc., mmslat~ of Offl~al 4240101~and 424010B~ ~nd ~urranU~ has On m®nt for this proparty Is tf you are a boroon Mth a dis. 853-2541, by Thursday, Novembor 15, 2001. GIVEN under my hondthls 3/st * day of O,~o~er, 2001. MS~y. F. Parker, (179-~197) Authorized Signature: , Billing Services Representative Martha F. Plank 11/07/2001 Ac~,t: 8532541 Roan Ph' 5408532541 Class Rate: ATT: MARY PARKER, CL 215 CHURCH AVE SWRM '~'540-981-3415~ Nov. 7, 2001 The Roanoke Times Name: ROANOKE CITY CLERK'S Disp Rate: Credit Status: LM ROANOKE VA 24011 Paytype BL Rate LE Legals Source WA Class 10 Legals Start 11/9/01 Days 1 Rate Is'. 0.00 0.00 0.00 0.00 0.00 Reply Request A Rep: 37 r'-] TFN 1 Stop 1 1/9/01 Free Day 0 Copy Line Boys and Girls Sort String On Hold Ctqeck Plqone Product Co r-~ Ad Killed Comments IMichelle Hopkins DC, RC, Words ...... 204 Lines ....... 55 Depth ..... 55.0o Columns.. 1 Graphic .... 0 St Words. 4 E~ Boxed Ad Price Discount Commis Net St Tax Fed Tax Total Payment App Cr. Balance Tear Sheets PO # 114.95 0.00 O00 114.95 0.00 0.00 114.95 0.00 0.00 0.00 Reason for Discount Editions to ~ i~l Eu~in~ 21~ Chu~h goya and R~ V~, lnG., nation of property to The t~l own~ by ~e ~ a~O elrls CI~ ~ ~nd 42~6, qnd If ~u a~a g~t~ ~{h adis- GIVEN u~r ~ h~ndthbG~ G5:56 PM Adid: 179319 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 November 19, 2001, 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 a resolution pursuant to §30-19.04, Code of Virginia (1950), as amended, on the request of Boys & Girls Clubs of Roanoke Valley, Inc., for designation of property to be exempted from taxation. The real property for which exemption is requested is owned by the Boys & Girls Clubs of Roanoke Valley, Inc., consists of Official Tax Nos. 4240101 and 4240105, and currently has an assessed value of $536,500.00, and the current real estate tax assessment for this property is $5,947.14. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by Thursday, November 15, 2001. Citizens shall have the opportunity to be heard and express their opinions on said matter. GIVEN under my hand this __ day of ,2001. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, November 9, 2001 Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:L~-M1SC\n-boysandgirlscl ubs. 1 IN TI~E COUNCIL OF THE CITY OF ROANOKE AMEMDED PETITION FOR A RESOLUTION SUPPORTING THE 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: 1. Your Petitioner, Boys & Girls Clubs of Roanoke Valley, Inc., 1714 9th Street S.E., Roanoke, Virginia 24013, a Virginia, non-stock, not for profit corporation has purchased a certain real property located at 1714 9~ Street S.E., in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID # 4240101 & 4240105. After significant rehabilitation, the building will be used for the purpose of housing the administrative offices and providing daily after school and summer activities for youth members of your Petitioner. 2. Your Petitioner desires to be an organization designated by a section within Article Section 58.1-3650 et seq. of the Code of Virginia, as amended, in order that the referenced real estate, to be used exclusively for charitable and benevolent purposes in responding to the after school and summer programs needs of the low to moderate income individuals and families, 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. 3. 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. 4. Your Petitioner respectfully request that the Council of the City of Roanoke adopt a resolution in accordance with the requirements of Section 30-19.04 (B) of the 1950 Code of Virginia, as amended, after holding a public hearing with respect thereto where citizens shall have an opportunity to be heard in order that legislation involving the designation of property to be exempt from taxation pursuant to Article X, Section 6 (a)(6) of the Constitution of Virginia may be presented to General Assembly of Virginia. In Compliance with Section 30-19.04 (B) the following questions are submitted for consideration: (Q): Whether the organization is exempt from taxation pursuant to Section 501 (c)(3) of the Internal Revenue Code of the 1954. (A): You Petitioner was granted exemption from taxation pursuant to Section 501 (c)(3) of the Internal Revenue Code of 1954 on March 24, 1992. (Q): whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for such ase on such property. (A): No alcoholic beverage license has been, or will be, requested or issued to your Petitioner for such use on such property. (Q): Whether any director or officer of the organization has been paid compensation in excess of reasonable allowances for salaried or other compensation for personal services which director or ogficer actually renders. (A): No officers or directors of your Petitioner are paid compensation in excess of reasonable allowances for salaries or other compensation for personal services actually rendered. Your Petitioner has six salaries employees, none of whom is an officer or director. o o o o (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 services provided by such organization is generated by funds received by donations, contributions or local, state or federal grants. As used in the subsection donations shall include the providing of personal services or the contribution of in-kind or other (A): No part of the net earnings of your Petitioner insures to the benefit of any individual and only a modest portion of the service provided by your Petitioner is generated by local, state or federal grants. Your Petitioner provides services primarily through the generation of developer fees and service contracts with other organizations. (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 inspires and enables all youth, especially those from disadvantaged circumstances, to realize their full potential as productive, responsible and earing citizens. (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): Your Petitioner is not involved in propaganda, influencing legislation or any political campaign on behalf of any candidate for public office. (Q): No rule, regulation, policy ofpractice ofthe organization discriminates on the basis of religions conviction, race, color, sex or national origin. (A): No role, regulation, policy or practice of your Petitioner discriminates on the basis of religious conviction, race, color, sex or national origin. (Q): The revenue impact to the locality and its taxpayers of exempting the property. (A): No significant impact is anticipated as a result of the exemption, indeed the homes we build and rehabilitate will be additions to the current tax roles of the City of Roanoke and this will enhance the tax revenue of the City of Roanoke. (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such resolution. (A): Your Petitioner provides after school and summer programming to primarily disadvantaged youth ages 5-18. Note: A copy of this Petition is being delivered this day to the City Manager of the City of Roanoke, Vir~nia. THEREFORE, your Petitioner, Boys & Girls Club of Roanoke Valley, Inc., respectfully requests to the Council of the City of Roanoke (1) that a resolution be adopted pursuant to Section 30-19.04 of the Code of Virginia stating that the provisions of subsection B of that Code section have been examined and considered in conjunction with this petition seeking the designation of property to be exempted from taxation pursuant to Article X, Section 6 (a)(6) of the Constitution of Virginia at a public heating at which citizens have had an opportunity to be heard and (2) that a recommendation be made to the General Assembly of Virginia that this real property of your Petitioner 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 after school and summer programming to primarily disadvantaged youth ages 5-18. Respectfully submitting this 26* day September, 2001 BOYS & GIRLS CLUB OF ROANO~[V_ALLEY, INC. By: Pr~d~t ~, ~x~y.,~ MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerkt~ci.roanoke.va, us November 20, 2001 File #79 STEPHANIE M. MOON Deputy City Clerk Curtis A. Andrews, Executive Director Unified Human Services Transportation System, Inc. 2121 Salem Avenue, S. W. Roanoke, Virginia 24016 Wilburn C. Dibling, Jr., Attorney Gentry Locke Rakes & Moore P. O. Box 40013 Roanoke, Virginia 24022-0013 Gentlemen: I am enclosing two copies of Resolution No. 35668-111901 supporting tax exemption of certain property in the City of Roanoke owned by the Unified Human Services Transportation System, Inc., described as Official Tax Nos. 1311221, 241'0101, 2410301 - 2410306 inclusive, and used by it exclusively for charitable or benevolent purposes on a non-profit basis. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001, and will be in full force and effect at such time as a copy, duly signed by an authorized officer of the Applicant, has been filed with the City Clerk. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Enclosure pc: The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable David C. Anderson, City Treasurer Darlene L. Burcham, City Manager Willard N. Claytor, Director of Real Estate Valuation William M. Hackworth, City Attorney James D. Grisso, Director of Finance Barry L. Key, Director, Office of Management and Budget Victoria S. Tregubov, Budget/Management Analyst H:'~Agenda.01hNovember 19, 2001 corresp.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,Unified The 19th day of November, 2001. No. 35668-111901. A RESOLUTION supporting tax exemption of certain property in the City of Roanoke owned by the Unified Human Services Transportation System, Inc., and used by it exclusively for charitable or benevolent purposes on a non-profit basis. WHEREAS, the Unified Human Services Transportation System, Inc., (hereinafter "the Applicant") has petitioned this Council for support of a bill to be introduced at the 2002 Session of the General Assembly to exempt certain property of the Applicant from taxation pursuant to Article X, §6(a)(6) of the Constitution of Virginia; 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 November 19, 2001; WHEREAS, the provisions of subsection B of §30-19.04, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the property to be exempt from taxation is certain real estate, including the land and any buildings located thereon, identified by Roanoke City Tax Map Nos. 1311221, 2410101, 2410301 through 2410306, inclusive, and owned by the Applicant (the "Property"), providing the Property 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 Resolution and Council's support of a bill hereinafter described in Paragraph 1 to be introduced on behalf of the Applicant at the 2002 Session of the General Assembly, 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 real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council s. upports a bill to be introduced at the 2002 Session of the General Assembly whereby the Unified Human Services Transportation System, Inc., a non-profit organization, seeks to be classified and designated a charitable or benevolent organization within the context of §6(a)(6) of Article X of the Constitution of Virginia, and whereby certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map Nos. 1311221,2410101,2410301 through 2410306, inclusive, and owned by the Applicant, Which is used by it exclusively for charitable or benevolent purposes on a non- profit basis, shall be exempt from State and local taxation. 2. In consideration of Council's adoption of this Resolution and Council's support of the bill described in Paragraph 1 of this Resolution to be introduced at the 2002 Session of the General Assembly, 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 percent (20%) of the City of Roanoke real estate tax levy, which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 2 3. In adopting this Resolution, the Council has examined and considered the provisions of Subsection B of § 30-19.04, Code of Virginia (1950), as amended, andpursuant to Subsection C of the same section, Council recognizes that the Property is currently assessed at $369,100.00, representing a real property tax liability of $4,466.10 for the 2002- 2003 tax year, and Council recommends to the General Assembly that the specific classification shall be benevolent or charitable. 4. The City Clerk is directed to forward an attested copy of this Resolution to the Commissioner of the Revenue and the City Treasurer for purpose of assessment and collection, respectively, of the service charge established by this Resolution, and to Curtis A. Andrews, Executive Director, Unified Human Services Transportation System, Inc. 5. This Resolution shall be in full force and effect at such time as a copy, duly signed by an authorized officer of the Applicant, has been filed with the City Clerk. ATTEST: Transportation System, Inc., this __ City Clerk. ACCEPTED, AGREED TO and EXECUTED by the Unified Human Services day of ,2001. Unified Human Services Transportation System, Inc. By (SEAL) Title: ATTEST: Secretary RECEIVED CITY CLERKS OFFICE Office of the City Manager November 1'9 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable W. Alvin Hudson, Council Member Honorable William D. Bestpitch, Council Member Honorable William White, Sr., Council Member Honorable C. Nelson Harris, Council Member Honorable Linda F. Wyatt, Council Member Subject: Tax Exemption Request Dear Mayor Smith and Members of City Council: Background: The Unified Human Services Transportation System, Inc., which transacts business as RADAR, owns the property known as Tax Map #1311221, 2410101,2410301 through 2410306. This property includes housing the administrative offices and providing an efficient and cost effective transportation system to the elderly, disabled, indigent, and other persons who may require the provision of specialized transportation. Annual taxes due for 2001/2002 were $4,466.06 on an assessed value of $214,500 for the land and $154,600 for the building. RADAR petitioned City Council in November 2001, requesting adoption of a Resolution in support of the organization obtaining tax-exempt status from the General Assembly on property located in the City of Roanoke. Notification of a Public hearing to be held November 19, 2001, was advertised in the Roanoke Times on Sunday November 9, 2001. Considerations: Loss of revenue to the City will be $3,572.85, after a twenty percent service charge is levied by the City in lieu of real estate taxes. This service charge will be $893.21 Commissioner of Revenue, Sherman Holland, has determined the organization is not exempt from paying real estate taxes by classification or designation under the Code of Virginia. The IRS recognizes it as a 501(c)3 tax-exempt organization. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci. raanoke.va.us Hodorable Mayor and Members of Council November 19, 2001 Page 2 Recommendation: Support the RADAR exemption from taxation to the General Assembly pursuant to Article X, Section 6(a) 6 of the Constitution of Virginia. Respectfully submitted, Dadene L. Burcham City Manager DLB/vst Attachments C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Sherman A. Holland, Commissioner of Revenue Willard N. Claytor, Director of Real Estate Valuation David C. Anderson, City Treasurer Barry L. Key, Director of Management and Budget #CM01-00259 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 November 19, 2001, 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 a resolution pursuant to {}30-19.04, Code of Virginia (1950), as amended, on the request of Unified Human Services Transportation System, Inc., for designation of property to be exempted from taxation. The real property for which exemption is requested is owned by the Unified Human Services Transportation System, Inc., consists of Official Tax Nos. 1311221, 2410101, 2410301 through 2410306, inclusive, and currently has an assessed value of $369,100.00, and the current real estate tax assessment for this property is $4,466.10. If you are a person with a disability who needs accommodations for this public heating, contact the City Clerk's Office, 853-2541, by Thursday, November 15, 2001. Citizens shall have the opportunity to be heard and express their opinions on said matter. ' GIVEN under my hand this 31stclay of October ,2001. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on FrJ_day, November 9, 2001 Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 MARY F. PARKER, CMC City. Clerk 'CITY OF ROANOKE -OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-maih clerkc,~ci.roanoke.va.us November 8, 2001 File #79 STEPHANIE M. MOON Deputy City Clerk Wilburn C. Dibling, Jr., Attorney Gentry. Locke Rakes & Moore P. O. Box 40013 Roanoke, Virginia 24022-0013 Dear Mr. Dibling: A.public hearing has been advertised for Monday, November 19, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Unified Human Services TransportatiOn System, Inc., (RADAR), for designation of p~operty identified as Official Tax Nos. 1311221, 2410101, 2410301 - 2410306, inclusive, to be exempted from taxation. It will be necessary for you, or your representative, to be present at the November 19 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure The Roanoke Times Roanoke, Virginia Affidavit of Publication ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 1)1 NOV 16 P4:26 REFERENCE: 80023382 01793417 1311221, 2410101 State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this /~ day of N0~~/0/~./~t~ss m~ hand and ~ial sea~~~__~~~ , Notary Public My commission expires PUBLISHED ON: 11/09 TOTAL COST: 114.95 FILED ON: 11/15/01 ................................................... Not]ce is hereby given that the City Count# of the Cay of Roanoke Mil hold .a public hearing at Ire regular meeting to be held on November' 19, 2001, commencing at 7:00 p.m., in the Codncfi Chambers, 4th Floor, Noel C, Taylor Munic- hue., S.W., Rommke, Vlrglrda Unified Human Se~.i~ee Tran~ ~e~emptedatlon of property to .be exemption Is requested is Senace~ Transportation S~ys- 24~0~0~ through '24~0306, inclu~ive, and currently has an assessed value of real estate tax ~ for this property is $4,466.10. If you are a perso~ with a dis- 853-254'l, by Thursday, GIVTU4 under my hand this 31e~ day of October, 2001. Mar/F. Pali~l', ClL¥ Clo~ (179341?) Signature , Billing Services Representative 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 November 19, 2001, 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 a resolution pursuant to §30-19.04, Code of Virginia (1950), as amended, on the request of Unified Human Services Transportation System, Inc., for designation of property to be exempted from taxation. The real property for which exemption is requested is owned by the Unified Human Services Transportation System, Inc., consists of Official Tax Nos. 1311221, 2410101, 2410301 through 2410306, inclusive, and currently has an assessed value of $369,100.00, and the current real estate tax assessment for this property is $4,466.10. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by Thursday, November 15, 2001. Citizens shall have the opportunity to be heard and express their opinions on said matter. GIVEN under my hand this __ day of .,2001. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, November 9, 2001 Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:Lat MlSC~l-unifiedradar. 1 NOU-~B-20~l 10:41 ROANOKE TIMES CLASSIFIED 15409B13365 P.01×04 NOU-OB-2BO1 10:42 ROANOKE TIMES CLASSIFIED 15409813365 P.02/04 1793417 -- Thu, Nou I~lc~ le h~by W~ mez me Cl~y Co.ncfl ~ the cr~ of Roen~e ~11 hold a ~ at I~ ~1~ m~n~ ~o ~ held ~ N~m~r IpM ~ 225 ~th ~o., S.W., ~M, ~nle Sg.~, ~e ~ ~lm (/g~), l~nacl~ or pfopl~ lo ~* ~1 pm~ for e~mptiOn I~ req~ted ~d ~ me ~ Human t~, Inc., ~ ~ ~af 241~01 ~mu~ ~41~, ~,2~, ~d the ~ dona t~ m~ ~llo ~ ~ C~ ~k'e ~M, nl~ M .~ h~d W ~ m oMni~ ~ ~d ~, ~ undM ~ hand ~ 8, 2881 9:46 AM MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 2401 I-I 536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke,va,us November 8, 2001 STEPHANIE M. MOON Deputy City Clerk File #-24-51-79-166-221-421-538 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, the following matters are proposed to be advertised for public hearings on Monday, November 19, 2001, at 7:00 p.m., in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building: (1) Request of Boys and Girls Clubs of Roanoke Valley, Inc., for designation of property described as official Tax Nos. 4240101 and 4240105, to be exempted from taxation. (2) Request of Unified Human Services Transportation System, Inc., for designation of property identified as Official Tax Nos. 1311221, 2410101, 2410301 - 2410306, inclusive, to be exempted from taxation. (3) Request of the City of Roanoke to rezone properties located on Vinyard Avenue, N. E., composed of Official Tax Nos. 7040601- 7040606, inclusive, from LM, Light Manufacturing District, to RS-3, Residential Single Family District. (4) Request of AMVETS-Post #40, John Harvey Memorial, to rezone property located at 917 Tazewell Avenue, S. E., identified as Official Tax No. 4112106, from RM-2, Residential Multi-family, Medium Density District, to C-2, General Commercial District. (5) Request of A. Victor Thomas, Dorothy L. Thomas, Annie B. Dudley and TLC Properties, Inc., to rezone properties on Orange Avenue, N. E., identified as Official Tax Nos. 3210101, 3210105 - 3210119, inclusive, and an undeveloped portion of Light Street, N. E., frcm LM, Light Manufacturing District, to C-2, General Commercial District. The Honorable Mayor and Members of the Roanoke City Council November 8, 2001 Page 2 (6) Proposed ar~endments to the Roanoke Charter of 1952. (7) Proposed amendment of Section 36.1-397, Zoning, Code of the City of Roanoke (1979),. as amended, by adding a new subsection (11 ) manufacturing establishments an a permitted use in the IPUD, Institutional Planned Unit Development District. (8) Proposal of the City of Roanoke to convey City-owned property containing 0.858 acre, identified as Official Tax No. 4010205, to the Western Virginia Foundation for the Arts and Sciences for design, development and construction of a new building or complex to house the art museum and IMAX Theatre. For your review prior to the November 19 public hearings, I am enclosing copy ,of the applicable City Planning Commission reports and/or other reports/documents pertaining to the public hearings. With kindest personal regards, I am Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue, S. W., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager Willard N. Claytor, Director, Real Estate Valuation William M. Hackworth, City Attorney, transmitted electronically by e-mail Steven J. Talevi, Assistant City Attorney Philip C. Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission Stephanie M. Moon, Deputy City Clerk Cindy M. Ayers, Executive Secretary, City Manager's Office, transmitted electronically by e-mail MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 2401 I-I 536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke,va.u$ STEPHANIE M, MOON Deputy City Clerk November 20, 2001 File #51 James C. Joyce, Jr., Attorney Gentry Locke Rakes & Moore P. O. Box 40013 Roanoke, Virginia 241322-0013 Dear Mr. Joyce: I am enclosing copy of Ordinance No. 35669-111901 rezoning property located at 917 Tazewell Avenue, S. E., identified as Official Tax No. 4112106, from RM-2, Residential Multi-family, Medium Density District, to C-2, General commercial District, and dispensing with the second reading of the ordinance by title. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Enclosure pc: AMVETS-Post #40, John Harvey Memorial, 911 Tazewell Avenue, S. E., Roanoke, Virginia 24013 Margie Ellen Gibson and Earl E. Elkins, 921 Tazewell Avenue, S. E., Roanoke, Virginia 24013 Ellen V. Sanderson, 916 Stewart Avenue, S. E., Roanoke, Virginia 24013 Nut Kong and Sang A. Kong, 927 Wasena Avenue, S. W., Roanoke, Virginia 24015 H:~Agenda.01XNovember 19, 2001 corresp.wpd James C. Joyce, Jr. November 20, 2001 Page 2 pc: Tim McGuire, 2213 Beavers Lane, Vinton, Virginia 24179 Linda M. Greer, 906 Tazewell Avenue, S. E., Roanoke, Virginia 24013 Sarah F. Call, 908 Tazewell Avenue, S. E., Roanoke, Virginia 24013 D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue, S. W., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevj, Assistant City Attorney H:'xAgenda.01'xNovember 19, 2001 corresp.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2001. No. 35669-111901. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 411, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance. WHEREAS, AMVETS-Post #40, John Harvey Memorial, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multi-family, Medium Density District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting'a public heating on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on }qovember 19, 2001, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which heating all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public heating, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 411 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That parcel of land lying in the City of Roanoke known as Lot 6 and part of Lot 5, Section 4, Map of the Lands of Belmont Land Company, Official Tax No. 4112106, otherwise known as 917 Tazewell Avenue, S.E., be, and is hereby rezoned from RM-2, Residential Multi-family, Medium Density District, to C-2, General Commercial District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on October 1, 2001, and that Sheet No. 411 of the Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:\ORDINANCES\O-Ib~- AMVETS.wI:d Roanoke City Department of Planning Building and Development Room 166, Municipal Building 215 Church Avenue, S.W. t~"- RE~o'~jL~i~, Virginia 24011 -I'J" ~'(,~]-')l::~:~l~CFax) 853-1230 Email: ~'T'c~r~ r~ ~ C'~i'L ~oi~r'r~o k e. v a. u s A.3 November 19, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Request from AMVETS-Post #40, John Harvey Memorial, represented by James C. Joyce, Jr., and Wilburn C. Dibling, Jr., that property located at 917 Tazewell Avenue, S.E., identified as Official Tax No. 4112106, be rezoned from RM-2, Residential Multifamily, Medium Density District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. Planning Commission Action On October 18, 2001, the Planning Commission held a public hearing on the proposed request. By a vote of 4-3 (Messrs. Butler, Campbell, Dowe and Hill voting for the request and Messrs. Manetta, Rife and Chrisman voting against it), the Planning Commission recommended approval of the proposed rezoning subject to the proffered conditions. Planning staff recommended denial of the rezoning. Citizen comments were made both for and against the rezoning (see discussion below). Background: A Petition to Rezone the subject property from RM-2, Residential Multifamily, to C-2, General Commercial District was filed on July 5, 2001. A First Amended Petition for Rezoning the subject property from RM-2, Residential Multifamily, to C-2, General Commercial District was filed on October 1,2001. The petition is to rezone the property for use as a parking lot for the adjacent AMVETS post. The following conditions are proffered: 1. That the property will be developed in substantial conformity with the concept plan Roanoke City Planning Commission' Architectural Review Board Board of Zoning Appeals prepared by David A. Bess, L.L.C., dated August 29, 2001, a coPy of which is attached to this Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. 2. That there will be no curb cut where the property to be rezoned (Exhibit A) adjoins Tazewell Avenue, S.E. 3. That the Petitioner will retain the existing concrete retaining wall shown on Exhibit A near the northerly boundary of the property to be rezoned. The subject property (Official Tax No. 4112106) is a vacant lot east of the AMVETS properties (Official Tax Nos. 4112101 and 4112102). A portion of the adjacent parcel (Official Tax No. 4112102)was rezoned in 1991 from RM-2 to C-2, conditional. A development plan was proffered as a condition the rezoning in 1991. This condition applies only to a portion of Official Tax No. 4112102. The existing properties used by AMVETS (Official Tax Nos. 4112102 and 4112101 ) contain twenty-five (25) parking spaces. When the original petition was filed on July 5, 2001, the parking areas on the AMVETS property (Official Tax Nos. 4112101 and 4112102) had several zoning violations. Perimeter landscaping, setbacks, and border curbs required by the zoning ordinance were not installed. The petitioner corrected these violations in September, 2001, by installing landscaping in setback areas, planting two (2) trees, and installing an asphalt border curb. A white pine tree buffer along the eastern border of Official Tax No. 4112102 was a proffered condition of the 1991 rezoning, but is not currently in place. Staff recommends that the petitioner delay installation of this buffer pending the outcome of this rezoning request. If the rezoning is successful, the pine buffer should not be installed and a petition must be filed to amend the conditions of the 1991 rezoning to repeal the condition requiring the buffer. Planning Commission held a public hearing on the rezoning request on October 18, 2001. Mr. James Joyce, Esq., counsel for the petitioner, presented the request. Mr. Chris Chittum, City Planner, presented the staff report. Staff recommended denial because the request was not consistent with the Comprehensive Plan in that it would encourage more off-street parking in a village center, increase impervious surface, expand an excessively large surface parking lot, and would expand commercial uses beyond a defined village center. The Planning Commission opened the meeting for public comment. Mr. Earl Elkins of 921 Tazewell Avenue said that the petitioner had worked with him and he could live with the proposal. Planning Commission received a letter (attached) from the Southeast Action Forum, dated August 12, 2001, in opposition of the request, citing concerns about the amount and location of parking in an urban village. Considerations: The zoning to the north, south, and east of the subject property is RM-2. Zoning to the west is C-2. Land uses to the north, south, and east are residential. The original 15-space parking lot on the adjacent property owned by AMVETS was expanded to 29 spaces. Four spaces were lost when landscaping was installed in September, 2001, and the current number of spaces is 25. The requested rezoning would expand parking to 38 spaces. The proposed expansion of the surface parking lots into the residential area is an increasing problem in Belmont and other neighborhoods. There are no unused vacant lots zoned C-2 within 300 feet of the subject property and no reasonable opportunities for shared parking. However, staff estimates that there are over 80 on-street parking spaces available within 500 feet of the property that are not located in front of a residence. Development regulations in the zoning code require the new parking lot to be at least 5' from a side or rear property line and 8' from the street frontage, and bordered by a curb. In addition, deciduous tree landscaping at the street frontage is required. On the east side of the subject property, where it abuts a residential zone, a 10' wide landscape buffer screen would be required to provide a dense, year round visual and noise obstruction. In a letter dated July 17, 2001, the Historic Belmont Preservation Association indicated its concerns about the rezoning. In addition, two property owners objected to the rezoning request. Mr. Elkins of 921 Tazewell Avenue (Official Tax No. 4112107) lives adjacent to the property and also owns 925 Tazewell Avenue (Official Tax No. 4112108). He expressed a number of concerns about the proposal including buffering between the parking lot and his house. Mr. Elkins has contacted staff by phone on several occasions to discuss the request. In a letter received July 19, 2001, Ms. Greer, who lives at 906 Tazewell (Official Tax No. 4111115) directly across the street from the subject property, expressed opposition to the rezoning. Mr. Elkins and Ms. Greer advised staff by phone of problems with noise late at night. The petitioner has attempted to address buffering concerns by proffering the concept plan showing a solid wood fence along the length of the property and deciduous trees planted in the 10' landscape buffer along the fence. The Vision 2001 Comprehensive Plan contains the following adopted policies for land use and development: Economic Development: Village centers will be pursued as an economic develo,~ment strategy to strengthen neighborhoods and the City's economy. (The 9"' Street area is a village center in the Belmont neighborhood.) Housing and Neighborhoods: Neighborhoods will function as villages, offering opportunities to live, work, shop, play and interact in a neighborhood setting. Neighborhood-oriented commercial activity will be encouraged in well-defined village centers. Environmental quality: Limit the amount of impervious surfaces to reduce runoff. o Transportation: Roanoke will encourage on-street parking wherever possible and discourage excessive surface parking lots. Maximum parking standards for development outside of downtown should be established. Off-street parking should be encouraged to the side or rear of buildings. Carpooling, park & ride lots, and transit should be encouraged to reduce parking demand. In addition, the plan recommends the following design principles for land development: Parking in village centers should be located on the street or to the rear or side of principal buildings, and on-street parking should be encouraged. On-street parking is desirable on most streets as it provides a buffer between pedestrians and automobile traffic and reduces the amount of scarce land resources dedicated to parking. Recommendation: Planning Commission recommends that City Council approve the proposed rezoning subject to the proffered conditions. Respectfully submitted, D. Kent Chrisman, Chairman Roanoke City Planning Commission CC:mpf attachment cc: Darlene Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney James C. Joyce, Jr., and Wilburn C. Dibling, Jr., Counsel for Petitioner 4 FIRST AMENDED PETITION FOR REZONING IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA First Amended Petition for rezoning of a parcel of land lying in the City of Roanoke known as Lot 6 and part of Lot 5, Section 4, Map of the Lands of Belmont Land Company, Official Tax No. 4112106, otherwise known as 917 Tazewell Avenue, S. E., from RM-2, Residential Multi-family, Medium Density District, to C-2, General Commercial District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, AMVETS-Post #40, John Harvey Memorial, a Virginia corporation, owns land in the City of Roanoke containing 0.143 acres, more or less, located at 917 Tazewell Avenue, S.E., Official Tax Map No. 4112106. Said tract is currently zoned RM-2, Residential Multi-family, Medium Density District. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM-2, Residential Multi-family, Medium Density District, to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of providing additional parking for the membership and guests of AMVETS-Post #40, John Harvey Memorial. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan in that it will permit limited development of a small, narrow, difficult to develop lot that is a potential blighting influence on the neighborhood; enhance environmental quality and the appearance of the neighborhood; and promote the public convenience and safety of the neighborhood and members and guests of { W :\transact\ 16454\ I \00791594. DOC } AMVETS-Post #40, John Harvey Memorial, a veterans organization serving the needs of veterans in the Roanoke Valley. The Petitioner hereby proffers and agrees that if the said tract is rezoned, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: I. That the property will be developed in substantial conformity with the concept plan prepared by David A. Bess, L.L.C., dated August 29, 2001, a copy of which is attached to this Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. 2. That there will be no curb cut where the property to be rezoned (Exhibit A) adjoins Tazewell Avenue, S. E. .3. That the Petitioner will retain the existing concrete retaining wall shown on Exhibit A near the northerly boundary of the property to be rezoned. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across the street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described parcel be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 1st day of October, 2001. AMVETS-POST #40, JOHN HARVEY MEMORIAL 'Commander ///' By: Of Counsel._~--~ ,, { W :\transact\ 16454\ I \0079 ! 594. DOC } 2 James C. Joyce, Jr. (VSB No. 17891) Wilbum C. Dibling, Jr. (VSB No. 01188) Gentry Locke Rakes & Moore P. O. Box 40013 Roanoke, Virginia 24022-0013 Telephone: (540) 983-9370 Facsimile: (540) 983-9368 AMVETS-Post #40, John Harvey Memorial 911 Tazewell Avenue Roanoke, Virginia 24013 { W:\transact\ 16454\ I \00791594. DOC } 3 182.00' TO P.I. WiTH ,~ 23'/ N)NTH STREET ~ [~/ OLD 1'~2" ! 48.00' I IRON PIN /_l_'~.' I L' CONC. ~. ~ / .I - LOT 5 OLD RAILROAD SPIKE ~ TAZEWELL AVENUE, S.E. ,50' R/W N 74'50'45" E " CON CR ETE~'---~ WALKS VACANT LOT I' LOT 6 - I SECTION 4. ~0.145 ACRE -.~ I I I I I I I 48.oo' , S 74'30'45" W 5' CONCRETE SIDEWALK ~",--.OLD P.K. NAIL LOT 7 OLD IRON PIN 1 O' ALLEY LEGAL REFERENCE: TAX NO. 4112106 CITY ENGR. FILE 1 471 NOTES: THE SUBJECT PROPERTY IS LOCATED IN FLOOD INSURANCE ZONE "X" SO DESIGNATED 'BY F.E.M.A. THIS PLAT IS SUBJECT TO INFORMATION WHICH MAY BE DISCLOSED BY A TITLE REPORT BY A LICENSED ATTORNEY. SURVEY FOR AMVETS-POST t/.40, JOHN HARVEY MEMORIAL OF LOT 6 AND THE EASTERLY 8 FEET OF LOT 5, SECTION 4, MAP OF BELMONT R. OA N O KE , VIR C INIA SCALE 1" = 20' NOVEMBER 20, 2000 ADJOINING PROPERTY OWN-ERS TO AMVETS POST #40 TAZEWELL AVENUE ROANOKE, 'vIRGINIA TAX MAP NO. 4112106 TAX MAP NO. 4112107 PROPERTY OWNER and Mailine Address Mar~e Ellen Gibson Earl E. Elkins 921 Tazewell Avenue, SE 9 Roanoke, VA _401.~ 4112115 Ellen V. Sanderson 916 Stewart Avenue, SE Roanoke, VA 24013 4112116 Nut Kong Sang A. Kong 927 Wasena Avenue, SW Roanoke, VA 24015 4111114 Tim McOuire 2213 Beavers Lane Vinton, VA 24179 4111115 Linda M. Greer 906 Tazewell Ave, SE Roanoke, VA 24013 4111116 Sarah F. Call 908 Tazewell Avenue, SE Roanoke, VA 24013 ( W:\~'ansac t\ 16454\ 1 \00791155.DOC } C 917 Tazewell Avenue, SE N 192.00' TO P.l. W~TH NINTH STREET TAZEWELL 5o' PAVEtoT I I I I TAX ND. Il 4.112102 COT S OLD AVENUE, R/W / ®. - :".'"-I"" ' - ~' S.E. N 7,*'30'45" E a,8.oo' CONCRETE S IO EWALK l PROPOSED 4' HIGH STOCKADE FENCE FORI 11', THEN TRANSITION) TO 6' HIGH PROPOSED :ClDUOUS TREES LOT 7 SECTION 4. STOCKADE FENCE .0' LEGAL REFERENCE: TAX NO. 411210& CITY [N~. FILE 1471 48.00' OLD 1\2' I0' ALLEY ---- S 74'30'4.5' W ~eo~ ~ NOTES: THE SUBJECT PROPERTY tS LOCATED IN FLO00 INSURANCE ZONE "X" SO DESIGNATED BY F.£.Id.A. THIS PLAT IS SUBJECT TO INFORMATION WHICH MAY BE I~ISCLOS,[D BY A TITLE REPORT BY A LICENSED ATTORNEY. CONCEP? PLAN FOR AMVETS-POST #40 JOHN HARVEY MEMORIAL OF LOT 6 AND THE EASTERLY 8 Fg~T OF LOT SECTION 4. MAP OF BELMONT ROANOKE, VIRGINIA SCALE 1" =20' APRIL 30. 2001 * REVIS£D AUG. 29. 2001 DAVID A. BF~$, LL.C. LAND SURVEYING I OOA PETERS CREEK RD ROANOKE, VA 24019 IN.B. 118 0-0192 CITY OF ROANOKE 215 Church Avenue, SW Roanoke, VA 24011 August 12, 2001 1~: Amv~Post ~0 (JoimHanmyl~mmiai)roqu~ for Re~o~ofT~xNo. 4112106 City ~ l',l, 1471 ( 'xxinity of Tazewdl and 9th St.) 344-5357 Charles J. Weir Chairman Oakton Al G. Thomason Vice-Chairman Roanoke Waynard E. Caldwell Secreta~ Roanoke Claude V. Swanson Treasurer Gretna Mary F. "Beth" Brooks Roanoke Robert Cranston Huddleston Senator John S. Edwards Roanoke Simona J. Holloway-Warren Charlottesville Senator Kevin G. Miller Harrisonburg Bennie C. Slate Collinsville Duane A. Kavka Executive Director Joint Commission Accredit~l Organization CO O ALTI / VIR girginia Veterans Care Center Board of Trustees Post Office Box 6334 4550 Shenandoah Ave. NW Roanoke, Virginia 24017-0334 Duane A. Kavka Executive Director (540) 857-6974 (877) 248-4701 (VA) FAX (540) 857-6954 d.kavka@worldnet.att.net www. vaveteranscarecenter, org September 20, 2001 Commander Kenny Peggins AMVETS Post # 40 911 Tazewell Avenue Roanoke, VA 24013 Dear Commander Peggins: On behalf of all of the Veterans, family members and staff of Virginia Veterans Care Center, I would like to commend you and the members of Post 40 for the continual support you have given us. Post 40 members have shown theft dedication and concern for our Veterans by answering the call when there is a need. As of this date, we have pur- chased eleven new electric beds for our residents and AMVETS have contributed funds for six of them. I admire your efforts and those of Post 40 members in helping us with this campaign. The special events you host at the facility are great incentives for our 240 men and women Veterans. The ice cream socials, watermelon feasts, cook- outs and Bingo games are activities essential to the well being of our residents Again, we applaud the members of Post 40 and ask that you keep us utmost in your hearts and minds. Dfiane-A. Kavka" Executive Director October 9, 2001 DEPARTMENT OF VETERANS AFFAIRS Medical Center Salem VA 24153 In Reply Refer To: 658/135 Mr. Kenny Pagans Commander AmVets Post 40 911 Tazewell Avenue, SE Roanoke, Virginia 24014 Dear Mr. Pagans: I would like to take this opportunity to thank you and Post 40 for all you do fOr the Salem VA Medical Center. Your organization over the years has donated thousands of dollars and volunteer hours to our hospitalized veterans. Because of you our patients receive the extras they would not normally get. You know how much they look forward to the luncheons, socials, watermelon feasts and bingo games you sponsor. Again, thank you for your continued support in our efforts of putting veterans first. SUE PATTERSON Chief, Voluntary Section August 31, 2001 The Roanoke HAWKS 12 and Under Basketball Team c/o Ms. Vivian Brown 3413 Pittsfield Ave. NW Roanoke, VA 24017 Dear Zoning Board The Roanoke Hawks 12U boys' basketball team participated in the National AAU tournament held July 13-20, 2001 in Virginia Beach, VA. The Amvets Post 40 made that trip a reality. We received support and monetary assistance to help defray the cost of the accommodations and food for the team. The contribution was truly a blessing. Our team represented the Roanoke Valley in a positive manner and made it to the championship bracket, an honor that most team don't achieve. We feel that a community-oriented organization, Amvets Post 40, is a worthwhile resource for the city and the Roanoke Valley. We appreciate their support and their continued involvement in our youth programs. ,,. Sin rely, ' Family and Friends of The Roanoke Hawks Coach Keith Smith and Coach Aaron Webb ......... 'F st rcation Clut $ou t' :.i.,~., .,..~ ~. ~%.: ,~,, , -.,, ,!,.,,q,.,,! ....... , t ,.'~ ,?,~i ..... ."-,~i: ",'~!. ~/!i:'~,~ Address: P.O. Box 648 Vinton, Va. 240179 ~;~.'::~:-~ i,:~' ~"%'~::f-'=~= ~'~!: .' .~: ~ ~=: .~ ,?': ~,~' "..' ..,,f., .,. ., ~-3 ,,,,.... · ...... · -.,., ........ ;'~',~'~ ~''~t ~;',' ~-~t.;;2 '4"~ 7~'~:74~';':'~:¢'~,tt':~ ~'~;~t :'.Z~. , , , ' · , ' : , y~ for yow ~. ofyo~ ~ ~ ~ ~ ~~.~~~ yo~ ~ ~o~ we wo~d ~t ~ ~le ~ ~ ~vc ~ ~~~ ~ it ~ ~ ~k ~ g~ ~ ~ o~~ ~ ~ :"'~ '- '. ~ '- "" ~ .'~ ' ~ ' ~~ ~y. Yom ~~ ~1~ ~ m ~ ~ ~ ~ ~ ~ o~d m~~ wc w~d ~ ~ ~ ~ you f~ ~, ~p of~ ~ ~ ~ ~ pith t~*. ~ ~ ~joy~ ~ng ~le ~ ~ ~ ~i~ ~ ~ o~ ~'s ~, ~ o~ ~m ~ ~ ~ ~-e~ I wo~ m ~ ~ ~ ~ o~ of yo~ f~ ~ a ~on of yo~ ~e ~ ~f~ of God Bless You and Thanks, - " President Club The Roanoke Times Roanoke, Virginia Affidavit of Publication '01 16 4:26 ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01789039 Belmont Land Co. State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. /~ Sworn and su~cribed be/ore me this day of Nov~r/~0~A/~tn~ss my;hand and official seal ~~__,~J.~ , Notary Public My commission expires ~2_~_J~_~_~ ........ PUBLISHED ON: 11/02 11/09 TOTAL COST: 229.90 FILED ON: 11/15/01 TO WHOM IT MAY CONCERN: Article VII of M 36.1, Gocle of the CIt~. of ROanoke (~7~), ~ amended, the ~xm- ell of ~le ~ of Roanoke will hold n FUI~O H~,tn~ on Mon- ~7:00 p.m., in the' Council Chmmb~' In ~ Noel C. Municllml S.#dlng. 2~5 Avon.e, S.W., on t~e dentlol ' Multl-f~nlly, Medium · n,.t m,n~ of rand ~ In ~t~ and pm~t of Lot 5, Section 4 Map of the Lands of Belmont Land Conllmny,.Ofll~d T~x No. 9~.7 Taz~vell Avenue, S.W. par'de~ in Int~m~t may appear on the above dste end be Ifyou omo perlon v~.a dl~- 853.2S4't, by Thursday, November ~5, 200~.. day of October, 200:L MaM~ F; Parker, 'CRy Cler~ (~.789039) Authorized .,;~ ~ Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, November 19, 2001, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RM-2, Residential Multi-family, Medium Density District, to C-2, General Commercial District, the following property: That parcel of land lying in the City of Roanoke known as Lot 6 and part of Lot 5, Section 4, Map of the Lands of Belmont Land Company, Official Tax No. 4112106, otherwise known as 917 Tazewell Avenue, S.E. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by Thursday, November 15, 2001. GIVEN under my hand this __ day of ., 2001. Mary F. Parker, City Clerk. N:\CAPS\NOT1CES Pl~n-rezo amvets.wpd Note to Publisher: Please publish once in The Roanoke Times on Friday, November 2, 2001 and Friday, November 9, 2001. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 N:\CAPS~NOTICES PHXn-rezo anavets.wpd NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION CITY CLERKS OFFICE TO WHOM IT MAY CONCERN: 'or A9 '50 The Roanoke City Planning Commission will hold public hear, ng~on']~l-hur§C~ay, October 18, 2001, 1:30 p.m. or as soon as the matter may be heard, in the 2nd floor Main Conference Room of the Roanoke Higher Education Center, 108 North Jefferson Street, to consider the following: 1. Amendment to Section 36.1-397, Permitted Uses., Zoning, of the Code of the City of Roanoke (1979), as amended, to provide for an additional permitted use. 2. Request from Amvets-Post #40, John Harvey Memorial, represented by James C. Joyce, Jr., and Wilburn C. Dibling, Jr., that property located at 917 Tazewell Avenue, S.E., identified as Official Tax No. 4112106, be rezoned from RM-2, Residential Multifamily, Medium Density District, to C- 2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. 3. Request from the City of Roanoke to rezone properties on Vinyard Avenue, N.E., bearing Official Tax Nos. 7040601 through 7040606 and 7040701, from LM, Light Manufacturing District, to RS-3, Residential Single Family District. 4. Request from Sherman Chisom that an unused, unpaved and unimproved alleyway running in an east/west direction between 10 ½ and 11th Streets, S.E., between properties bearing Official Tax Nos. 4111317 and 4111303, for a distance of approximately 130 feet in a westerly direction from 11 th Street, S.E., be permanently vacated, 'discontinued and closed. A copy of said applications are available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W. Legals Staff <legals@roanoke.com 11/01/2001 11:51 AM To: stephanie_moon@ci.roanoke.va.us cc: Subject: Last ad for Nov. 2 & 9: Cost: $229.90 .... thanks.., martha INOTICE OF PUBLIC HEARINGI TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, November 19, 2001, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RM-2, Residential Multi-family, Medium Density District, to C-2, General Commercial District, the following property: That parcel of land lying in the City of Roanoke known as Lot 6 and part of Lot 5, Section 4, Map of the Lands of Belmont Land Company, Official Tax No. 4112106, otherwise known as 917 Tazewell Avenue, S.W. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by Thursday, NOveL%her 15, 2001. GIVEN under my hand this 31st day of October, 2001. IMary F. Parker, ICity Clerk. (1789039) MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 2401 I- 1536 lelephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerka,>ci.roanoke.va.us November 8, 2001 File #51 STEPHANIE M. MOON Deputy City Clerk Wilburn C. Dibling, Jr., Attorney Gentry Locke Rakes & Moore P. O. Box 40013 Roanoke, Virginia 24022-0013 Dear Mr. Dibling: Pursuant to provisions of Resolution ,No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 19, 2001, at 7:00 p.m,, or as soon thereafter as the matter may be heard, 'in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of AMVETS - Post #-40, John Harvey Memorial, that a tract of land located at 917 Tazewell Avenue, S. E., Official Tax No. 4112106, be rezoned from RM-2, Residential Multi-family, Medium Density District, to C-2, General Commercial District. For your information, I am enclosing copy of a report of the City Planning Commission, a notice of the public hearing and an Ordinance. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. It will be necessary for you, or your representative, to be present at the November 19 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerkOci.roanoke.va.us November 8, 2001 File #51 STEPHANIE M. MOON Deputy City Clerk Ms. Margie Ellen Gibson and Mr. Earl E. Elkins 921 Tazewell Avenue, S. E. Roanoke, Virginia 24013 Ms. Ellen V. Sanderson 916 Stewart Avenue, S. E. Roanoke, Virginia 24013 Mr. and Mrs. Nu T. Kong 927 Wasena Avenue, S. W. Roanoke, Virginia 24015 Mr. Tim McGuire 2213 Beavers Lane Vinton, Virginia 24179 Ms. Linda M. Greer 906 Tazewell Avenue, S. E. Roanoke, Virginia 24013 Ms. Sarah F. Call 908 Tazewell Avenue, S. E. Roanoke, Virginia 24013 Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 19, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Wilbum C. Dibling, Jr., Attorney, representing AMVETS - Post #-40, John Harvey Memorial, requesting that a tract of land located at 917 Tazewell Avenue, S. E., Official Tax No. 4112106, be rezoned from RM-2, Residential Multi-family, Medium Density District, to C-2, General Commercial District. If you would like to receive a copy of the report of the City Planning Commission, please contact the City Clerk's Office. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building, and Development at 540-853-1730. Mary F. Parker, CMC City Clerk MFP:mh MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: ($40) 853-2541 Fax: (540) 853-1145 E-mail: ¢lcrk@¢i.roanoke.va. us October 1,2001 File #51 STEPHANIE M. MOON Deputy City Clerk D. Kent Chrisman, Chairperson City Planning Commission 2319 Avenham Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Chrisman: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition received in the City Clerk's Office on October 1,2001, from Wilbum C. Dibling, Jr., Attorney, representing AMVETS - Post fl-40, John Harvey Memorial, requesting that a tract of land located at 917 Tazewell Avenue, S. E., containing 0.143 acre, more or less, identified as Official Tax No. 4112106, be rezoned from RM-2, Residential Multi-family, Medium Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosures N:\cksml\Rezoning.01 ~AMVETS-Post #40.w~:1 D. Kent Chrisman October 1, 2001 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Wilburn C. Dibling, Jr., Attorney, Gentry Locke Rakes & Moore, P. O. Box 40013, Roanoke, Virginia 24022-0013 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building C. gmmissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:~ksml\Rezo~ing.Ol~AMVETS-Post ~40.wlxt FIRST AMENDED PETITION FOR REZON1NG CITY CLERKS OFFICE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA'01 ~T '1 PI :43 IN RE: First Amended Petition for rezoning of a parcel of land lying in the City of Roanoke known as Lot 6 and part of Lot 5, Section 4, Map of the Lands of Belmont Land Company, Official Tax No. 4112106, otherwise known as 917 Tazewell Avenue, S. E., from RM-2, Residential Multi-family, Medium Density District, to C-2, General Commercial District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, AMVETS-Post #40, John Harvey Memorial, a Virginia corporation, owns land in the City of Roanoke containing 0.143 acres, more or less, located at 917 Tazewell Avenue, S.E., Official Tax Map No. 4112106. Said tract is currently zoned RM-2, Residential Multi-family, Medium Density District. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM-2, Residential Multi-family, Medium Density District, to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of providing additional parking for the membership and guests of AMVETS-Post #40, John Harvey Memorial. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan in that it will permit limited development of a small, narrow, difficult to develop lot that is a potential blighting influence on the neighborhood; enhance environmental quality and the appearance of the neighborhood; and promote the public convenience and safety of the neighborhood and members and guests of { W:\transact\ 16454\ 1 \00791594. DOC } AMVETS-Post #40, John Harvey Memorial, a veterans organization serving the needs of veterans in the Roanoke Valley. The Petitioner hereby proffers and agrees that if the said tract is rezoned, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. That the property will be developed in substantial conformity with the concept plan prepared by David A. Bess, L.L.C., dated August 29, 2001, a copy of which is attached to this Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. 2.That there will be no curb cut where the property to be rezoned (Exhibit A) adjoins Tazewell Avenue, S. E. 3. That the Petitioner will retain the existing concrete retaining wall shown on Exhibit A near the northerly boundary of the property to be rezoned. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across the street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described parcel be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 1st day of October, 2001. AMVETS-POST #40, JOHN HARVEY MEMORIAL By: , Commander [ t' By: ~ ',~~~ { W:\transact\ 16454\ 1 \00791594. DOC James C. Joyce, Jr. (VSB No. 17891) Wilbum C. Dibling, Jr. (VSB No. 01188) Gentry Locke Rakes & Moore P. O. Box 40013 Roanoke, Virginia 24022-0013 Telephone: (540) 983-9370 Facsimile: (540) 983-9368 AMVETS-Post #40, John Harvey Memorial 911 Tazewell Avenue Roanoke, Virginia 24013 { W:\transact\16454\l\00791594.DOC } 3 192.00' TO P.I. WITH NINTH STREET OLD 1\ IRON PIN TAZEWELL AVENUE, 50' R/W LOT 5 OLD RAILROAD SPIKE '-~ N 74'50'45" 48.00' CONC. WALL -- 5' CONCRETE SIDEWALK CONCRETE I WALKS VACANT LOT S.E. LOT 6 SECTION 4 0.145 ACRE ./,- 48.00' H 74'30'45" W 2.6~ )LD P.K. NAIL LOT 7 OLD 1X2" IRON PIN 1 O' ALLEY LEGAL REFERENCE: TAX NO. 4112106 CITY ENGR. FILE 1471 NOTES: THE SUBJECT PROPERTY IS LOCATED IN FLOOD INSURANCE ZONE "X" SO DESIGNATED 'BY F.E.M.A. THIS PLAT IS SUBJECT TO INFORMATION WHICH MAY BE DISCLOSED BY A TITLE REPORT BY A LICENSED ATTORNEY. SURVEY FOR AMVETS-POST //40: JOHN HARVEY MEMORIAL OF LOT 6 AND THE EASTERLY 8 FEET OF LOT 5, SECTION 4, MAP OF BELMONT ROANOKE, SCALE 1" = 20' VIRGINIA NOVEMBER 20, 2000 DA VID A. BESS, L.L.C. LAND SURVEYING I OOA PETERS CREEK RO ROANOKE, VA 24019 TAZEWELL AVENUE, 50' R/w 192.00' TO P.I. WITH NINTH STREET OLD IRON PIN / PAVEDLoFTARKi N Ojl I I I I TAX N0.!4112102 I LOT 5 OLD RAI I Lo'T 6. \ · BIT. ROLL CURB s.e. N 74'50'45" E 48.0,0' OLD P,K. NAI.L 5' CONCRETE SIDEWALK PRO'POSED 4' HtGH STOCKADE FENCE FOR 11', THEN TRANSITION TO 6' HIGH PROPOSED )UOUS TREES LOT 7 SECTION 4 PROPOSED 6' STOC'KADE FENCE I 48.00' OLD 1$2" ---- S 74'30'45" W IRON PIN 10' ALLEY LEGAL REFERENCE: TAX NO. 4112106 CItY ENG. FILE 1471 NOTES: THE SUBJECT PRO:PERTY IS LOCATED IN FLOOD INSURANCE ZONE "X" SO DESIGNATED BY F.E.M.A. THIS PLAT IS SUBJECT TO INFOiRMATI~ON WHICH MAY BE DISCLOSED BY A TITLE REPORT BY A LICENSED ATTORNEY. CONCEPT PLAN FOR AMVETS-POST #40 iJOHNHARVEY MEMORIAL OF LOT 6 AND THE EASTERLY 8 FEET OF LOT SECTION 4, MAP OF BELMONT ROANOKE, VIR CINIA SCALE 1"=20' APRIL 30, 2001 * REVISED AUG. 29, 2001 B DAVID A. BESS, L.L.C. LAND SURVEYtNG 3100A PETERS CREEK RD ROANOKE, VA 24019 ADJOINING PROPERTY OWNERS TO AMVETS POST//40 TAZEWELL AVENUE ROANOKE, VIRGINIA TAX MAP NO. 4112106 TAX MAP NO. 4112107 PROPERTY OWNER and Mailin~ Address Margie Ellen Gibson Earl E. Elkins 921 Tazewell Avenue, SE Roanoke, VA 24013 4112115 Ellen V. Sanderson 916 Stewart Avenue, SE Roanoke, VA 24013 4112116 Nut Kong Sang A. Kong 927 Wasena Avenue, SW Roanoke, VA 24015 4111114 Tim McGuire 2213 Beavers Lane Vinton, VA 24179 4111115 Linda M. Greer 906 Tazewell Ave, SE Roanoke, VA 24013 4111116 Sarah F. Call 908 Tazewell Avenue, SE Roanoke, VA 24013 {W:\transact\16454\1 \00791155.DOC } C Attorneys at Law 540-983.9300 Facsimile 540.983.9400 Direct Dial: ($40) 983-9389 Jim_joyce @ gentrylocke.com GENTRY LOCKE RAKES & M(3DRE A Limited Liability Partnership October 1, 2001 RECEIVED CITY Post Office Box 4001 wwwgentrylocke.com Mary F. Parker, City Clerk City of Roanoke Noel C. Taylor Municipal Building Roanoke, Virginia 24011 Re: Amended Petition to Rezone of AMVETS-Post #40 Dear Mary: We would appreciate you filing the attached Amended Petition to Rezone on behalf of AMVETS-Post #40, John Harvey Memorial. We have previously faxed this amended rezoning petition to Chris Chittum of the Planning Department, and we are simultaneously filing a copy of this Amended Petition with the Planning Department. Please contact us if you have any questions with respect to the petition. Thank you for your cooperation in processing the amended petition. Very truly yours, GENTRY LOCKE RAKES & MOORE James C. Jo r.~~' JCJjr/er Enclosures c: Ms. Martha Franklin Mr. Tommy Price { W :\transact\ 16454\ 1 \00813747.DOC } TO THE CITY CLERK OF THE CITY oF ROANOKE, VIRGINIA PERTAINING TO REZONING REQUEST OF: R[CEIY[0 CITY CLERICS OFFICE AMVETS at 917 Tazewell Avenue, S.E:,_.Ta2~.No,,4klA~106) AFFIDAVIT from RM-2 to C-2, ~ ~EP ZU r,~ ,l:a ) COMMONWEALTH OF VIRGINIA ) ) TO'WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 19th day of September, 2001, notices of a public hearing to be held on the 18th day of October, 2001, on the request captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 4112102 4112107 4112115 Owner's Name Petitioner Margie Ellen Gibson Earl E. Elkins Ellen V. Sanderson 4112116 Nu T. Kong Sang A. Kong 4111114 Tim McGuire 4111115 Linda M. Greer 4111116 Sarah F. Call Notices also mailed to: Mark Peterson, SEAF Cbxistine Proffitt, HBPA Bobby Meadows, HBPA Greg Muse (906 Tazewell) Mailing Address 921 Tazewell Avenue,S E Roanoke, VA 24013 916 Stewart Avenue, SE Roanoke, VA 24013 927 Wasena Avenue, SW Roanoke, VA 24015 2213 Beavers Lane Vinton, VA 24179 906 Tazewell Avenue, SE Roanoke, VA 24013 908 Tazewell Avenue, SE Roanoke, VA 24013 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 19th day of September, 2001. Notary Public ~ My Commission expires: TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINLA PERTAINING TO REZONING REQUEST OF: AMVETS at 917 Tazewell Avenue, S.E., Tax No. 4112106) AFFIDAVIT from RM-2 to C-2, .(] ) · · ~ ~ COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 22nd day of August, 2001, notices of a public hearing to be held on the 20th day of September, 2001, on the request captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name 4112102 Petitioner Mailing Address 4112107 4112115 Margie Ellen Gibson Earl E. Elkins Ellen V. Sanderson 4112116 Nu T. Kong Sang A. Kong 4111114 Tim McGuire 4111115 Linda M. Greer 4111116 Sarah F. Call Notices also mailed to: Mark Peterson, SEAF C WAkers, SEAF Christine Proffitt, HBPA Bobby Meadows, HBPA Greg Muse (906 Tazewell) 921 Tazewell Avenue,S E Roanoke, VA 24013 916 Stewart Avenue, SE Roanoke, VA 24013 927 Wasena Avenue, SW Roanoke, VA 24015 2213 Beavers Lane Vinton, VA 24179 906 Tazewell Avenue, SE Roanoke, VA 24013 908 Tazewell Avenue, SE Roanoke, VA 24013 artha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 22nd day of August, 2001. Notary Public My Commissionexpires:?')~. ~, ~,)kDO'~ NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION ~. · TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Thuisday, August 16, 2001, 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from Amvets-Post #40, John Harvey Memorial, represented by James C. Joyce, Jr., and Wilburn C. Dibling, Jr., that property located at 917 Tazewell Avenue, S.E., identified as Official Tax No. 4112106, be rezoned from RM-2, Residential Multifamily, Medium Density District, to C-2, General Commercial District. A copy of said application is available for review in the Department of Planning and Code Enforcement, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning and Code Enforcement at 853-2344 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, July 31 and August 7, 2001 Please Bill: .James C..Joyce, Jr. Wilburn C. Dibling, Jr. Gentry Locke Rakes & Moore P O Box 400'13 Roanoke, VA 24022-00'!3 (540) 983-9370 Send affidavit of publication to: Department of Planning Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO REZONING REQUEST OF: AMVETS at 917 Tazewell Avenue, S.E., Tax No. 4112106) AFFIDAVIT from RM-2 to C-2, '0'i .... ~. '~.,' :~:.~ :1 (~ ) COMMONWEALTH OF VIRGINIA ) CITY OF ROANOKE ) TO-WIT: ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 18th day of July, 2001, notices ora public heating to be held on the 16th day of August, 2001, on the request captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name Mailing Address 4112102 Petitioner 4112107 Margie Ellen Gibson Earl E. Elkins 921 Tazewell Avenue,S E Roanoke, VA 24013 4112115 Ellen V. Sanderson 916 Stewart Avenue, SE Roanoke, VA 24013 4112116 Nu T. Kong Sang A. Kong 927 Wasena Avenue, SW Roanoke, VA 24015 4111114 Tim McGuire 2213 Beavers Lane Vinton, VA 24179 4111115 Linda M. Greer 906 Tazewell Avenue, SE Roanoke, VA 24013 4111116 Sarah F. Call 908 Tazewell Avenue, SE Roanoke, VA 24013 Notices also mailed to: Mark Peterson, SEAF C WAkers, SEAF Christine Proffitt, HBPA Bobby Meadows, HBPA · [ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 18th day of July, 2001. Notary. Public (3' My Commission expires: (~c~ . '~, MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us July 6, 2001 File #51 STEPHANIE M. MOON Deputy City Clerk D. Kent Chrisman, Chairperson City Planning Commission 2319 Avenham Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Chrisman: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition received in the City Clerk's Office on July 5, 2001, from Wilburn C. Dibling, Jr., Attorney, representing AMVETS - Post #40, John Harvey Memorial, requesting that a tract of land located at 917 Tazewell Avenue, S. E., containing 0.143 acre, more or less, identified as Official Tax No. 4112106, be rezoned from RM-2, Residential Multi-family, Medium Density District, to C-2, General Commercial District. Sincerely, Stephanie M. Moon Deputy City Clerk Enclosures N :\cksm 1 \Rezoning.O 1 ~AMVETS-Post #40.wpd D. Kent Chrisman July 6, 2001 Page 2 pc~ The Honorable Mayor and Members of the Roanoke City Council Wilburn C. Dibling, Jr., Attorney, Gentry Locke Rakes & Moore, P. O. Box 40013, Roanoke, Virginia 24022-0013 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:~ksml\Rezoning.O I~AMVETS-Post #40.wpd IN THE COUNCIL OF THE CITY OF ROANOKE', VIRGINIA · - IN RE: ~ Rezoning of a parcel of land lying in the City of Roanoke known as Lot 6 and part of Lot 5, Section 4, Map of the Lands of Belmont Land Company, Official Tax No. 4112106, otherwise known as 917 Tazewell Avenue, S. E., from RM-2, Residential Multi-family, Medium Density District, to C-2, General Commercial District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, AMVETS-Post #40, John Harvey Memorial, a Virginia corporation, owns land in the City of Roanoke containing 0.143 acres, more or less, located at 917 Tazewell Avenue, S.E., Official Tax Map No. 4112106. Said tract is currently zoned RM-2, Residential Multi-family, Medium Density District. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM-2, Residential Multi-family, Medium Density District, to C-2, General Commercial District, for the purpose of providing additional parking for the membership and guests of AMVETS-Post #40, John Harvey Memorial. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan in that it will permit development of a small, narrow, difficult to develop lot that is a potential blighting influence on the neighborhood; enhance environmental quality and the appearance of the neighborhood; and promote the public convenience and safety of the neighborhood and members and guests of AMVETS-Post #40, John Harvey Memorial, a veterans organization serving the needs of veterans in the Roanoke Valley. { W:\transact\16454\1 \00791594.DOC } Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across the street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described parcel be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 5th day of July, 2001. Respectfully submitted, AMVETS-POST #40, JOHN HARVEY MEMORIAL By: , :t4~,J /'Commander 1 7 James C. Joyce, Jr. (VSB No. 17891) Wilbum C. Dibling, Jr. (VSB No. 01188) Gentry Locke Rakes & Moore P. O. Box 40013 Roanoke, Virginia 24022-0013 Telephone: (540) 983-9370 Facsimile: (540) 983-9368 AMVETS-Post #40, John Harvey Memorial 911 Tazewell Avenue Roanoke, Virginia 24013 { W:\transact\ 16454\ 1 \00791594.DOC } TAZEWELL AVENUE, S.E. 192.0~' TO P.I. WITH ~ , IRON PIN~,/ Z -- "LOT 5 OLD RAILROAD SPIKE -~ ,5' CONCRETE 50' R/W ,//'-- SIDEWALK CONCRETE-~------~ II .~ , VACANT >J~ ,~ / LOT .... LOT 6 SECTION 4 O. 145 ACRE -~---'~ 48.00' 74'30'45" W LOT 7 OLD 1X2" IRON PIN 1 O' ALLEY LEGAL REFERENCE: TAX NO. 4112106 CITY ENGR. FILE 1471 NOTES: THE SUBJECT PROPERTY IS LOCATED IN FLOOD INSURANCE ZONE "X" SO DESIGNATED BY F.E.M.A. THIS PLAT IS SUBJECT TO INFORMATION WHICH MAY BE DISCLOSED BY A TITLE REPORT BY A LICENSED ATTORNEY. SURVEY FOR AMVETS-POST #40: JOHN HARVEY MEMORIAL OF LOT 6 AND THE EASTERLY 8 FEET OF LOT 5, SECTION 4, MAP OF BELMONT ROANOKE, SCALE 1" = 20' VIRGINIA NOVEMBER 20, 2000 DA VID A. BESS, L.L.C. LAND SURVEYING 3 ! OOA PETERS CREEK RD ROANOKE, VA 24019 JN.B. 118 J D-OOSOOJ ADJOINING PROPERTY OWNERS TO AMVETS POST #40 TAZEWELL AVENUE ROANOKE, VIRGINIA TAX MAP NO. 4112106 TAX MAP NO. 4112107 PROPERTY OWNER and Mailing Address Margie Ellen Gibson Earl E. Elkins 921 Tazewell Avenue, SE Roanoke, VA 24013 4112115 Ellen V. Sanderson 916 Stewart Avenue, SE Roanoke, VA 24013 4112116 Nut Kong Sang A. Kong 927Wasena Avenue, SW Roanoke, VA 24015 4111114 Tim McGuire 2213 Beavers Lane Vinton, VA 24179 4111115 Linda M. Greer 906 Tazewell Ave, SE Roanoke, VA 24013 4111116 Sarah F. Call 908 Tazewell Avenue, SE Roanoke, VA 24013 { W:\transact\16454\1 \00791155 .DOC } B Attorneys at Law 540.983.9300 Facsimile 540.983.9400 Direct Dial: (540) 983-9370 will_dibling @ gentrylocke.com GENTRY LOCKE RAKES & MC RE A Limited Liability Partnership July 5, 2001 10 Franklin Road, SE. Post Office Box 40013 Roanoke, Virginia 24022-00l 3 www. gentrylocke.com Mary F. Parker, City Clerk City of Roanoke Noel C. Taylor Municipal Building Roanoke, Virginia 24011 We have previously Department, and we Department. Re: Petition to Rezone of AMVETS-Post//40 Dear Mary: We are pleased to file the attached Petition to Rezone on behalf of AMVETS-Post #40, John Harvey Memorial. The petitioners check in the amount of $310 is enclosed. discussed this rezoning petition with Chris Chittum of the Planning are simultaneously filing a copy of this petition with the Planning Please contact us if you have any questions with respect to the petition. Thank you for your usual fine cooperation in processing the petition. With kindest personal regards, I am Sincerely yours, GENTR~ LOCKE RAKES & MOORE Wilburn C. Dibling, Jr. WCDjr/bd Enclosures C.' Mr. Tom Price Mr. Chris Chittum James C. Joyce, Jr., Esq. { W:\transact\16454\1\00792502.DOC } ~IARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk(,~ci.roanoke.va.us November 20, 2001 File #51 STEPHANIE M. ,MOON Deputy City Clerk W. F. Mason, Jr., Attorney 302 Washington Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Mason: I am enclosing copy of Ordinance No. 35670-111901 rezoning properties on Orange Avenue, N. E., identified as Official Tax Nos. 3210101,3210105 - 3210119, inclusive, and an undeveloped portion of Light Street, N. E., from LM, Light Manufacturing District, to C-2, General Commercial District, and dispensing with the second reading of the ordinance by title. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Enclosure pc: Michelle C. Thomas and Ellis James Thomas, 1722 Ashley River Road, Charleston, South Carolina 29407 Thomas Aheron and Eva Aheron, P. O. Box 20751, Roanoke, Virginia 24018 Beatdce C. Caldwell and Annie B. Dudley, 1618 Grayson Avenue, N. W., Roanoke, Virginia 24017 H:'~Agenda.01XNovember 19, 2001 corresp.wpd W. F. Mason, Jr., Esquire November 20, 2001 Page 2 pc~ TLC Properties, Inc. c/o Ben R. Miller, Jr., P. O. Box 66338, Baton Rouge, Louisiana 70896 Rachel L. Greenwa.y, 1332 Purcell Avenue, N. E., Roanoke, Virginia 24017 Jerry Lee King, Jr., 1338 Purcell Avenue, N. E., Roanoke, Virginia 24017 Tobbie Bennie Russeau, 1348 Purcell Avenue, N. E., Roanoke, Virginia 24017 Blue Stone Block, Inc., 1510 Wallace Avenue, N. E., Roanoke, Virginia 24012 Marie L. Crawley, 428 Riverland Road, S. E., Roanoke, Virginia 24014 TKB, LLC, 3321 Countryside Road/N. W., Roanoke, Virginia 24017 C. R. Holland, c/o Vivian Gravely, 9606 Greenmeadow Circle, Glen Allen, Virignia 23060 Darlene L. Burcham, City Manager D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue, S. W., Roanoke, Virginia 24014 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney H:~Agenda.01XaNovember 19, 2001 corresp.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2001. No. 35670-111901. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 321 and 322, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading of this ordinance. WHEREAS, A. Victor Thomas, Dorothy L. Thomas, Annie B. Dudley and TLC Properties, Inc., have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and, after conducting a public heating on the matter, has made its recommendation to Council; and WHEREAS, a public heating was held by City Council on said application at its meeting on November 19, 2001, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which heating all parties in interest and citizens were given an (~ppormnity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 321 and 322 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That tract of land lying and being in the City of Roanoke, Virginia, known as Official Tax No. 3210101, Official Tax No. 3210105, Official Tax No. 3210114, Official Tax No. 3210115, Official Tax No. 3210116, Official Tax No. 3210117, Official Tax No. 3210118, Official Tax No. 3210119, Official Tax No. 3221309, Official Tax No. 3210110, Official Tax No. 3210111, Official Tax No. 3210112, Official Tax No. 3210113, Official Tax No. 3210106, Official Tax No. 321'0107, Official Tax No. 3210108 and Official Tax No. 3210109, and that portion of Light Avenue (undeveloped) located along Orange Avenue and lying between Official Tax No. 3210113 and Official Tax No. 3221309 be, and is hereby rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, as set forth in the Petition filed in the Office of the City Clerk on September 6, 2001, and that Sheet Nos. 321 and 322 of the Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. N:\CAPS\ORD[NANCES\0-Rez- Vic Thorr~.wpd ~CHARTERED 1 ~882~ Roanoke City Department of Plannin~''4'~ Building and Development RECE~EO CITY CLERKS OFFICE · November 1 ~, 2001 Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-1730 (Fax) 853-1230 Email: planning@ci.roanoke.va.us Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor William D. Bestpitch, Council Member C. Nelson Harris, Council Member W. Alvin Hudson, Council Member William White, Sr., Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Request from A. Victor Thomas, Dorothy L. Thomas, Annie B. Dudley and TLC Properties, Inc., the properties on Orange Avenue, N. E., designated as Official Tax Nos. 3210101, 3210105 through 3210119, inclusive, and an undeveloped portion of Light Street, N.E., be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District. Planning Commission Action: On October 18, 2001, the Planning Commission held a public hearing on the proposed request. By a vote of 6-0 (Messrs. Butler, Campbell, Chrisman, Dowe, Manetta and Rife voting in favor and Mr. Hill absent), the Planning Commission recommended approval of the proposed rezoning. One citizen asked a question regarding her adjacent residential property (see public hearing discussion below). No one was opposed to the rezoning request. Background: A petition to rezone property from LM, Light Manufacturing District, to C-2, General Commercial District was filed on September 6, 2001. The rezoning request does not include any proffered conditions. The purpose of the rezoning request is to place an existing convenience store in a conforming zoning district and allow for future expansion and development of the tract for additional commercial uses, which are undetermined at this time. Section 36.1-690(g) of the Zoning Code of the City of Roanoke (1979), as amended, provides that "except for the extension of existing zoning boundaries, no change in zoning classification to a C-1, C-2, C-3, LM or HM district shall be considered which involves an area of less than two acres and no separate C-1, C-2, C-3, LM or HM district of less than two acres shall be created." Consequently, the request for rezoning 1 Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals includes properties other than the convenience store property, which when they are combined, total 2.32 acres. At the Planning Commission public hearing on October 18, 2001, Mrs. Rachel Greenway, 1332 Purcell Avenue, N. E., appeared before the Commission and asked how her adjacent residential property would be affected by new commercial development. Mrs. Lander explained that although Mrs. Greenway's property was zoned for light manufacturing, that a landscape buffer and/or a fence would be required to be constructed between the commercial development and her residential property. The buffer or fence would be the responsibility of the developer. No other citizens spoke to the Commission regarding the rezoning request. Considerations: Zoning of the subject properties is LM, Light Manufacturing. Land uses on the properties include a convenience store and a vacant residential structure. Much of the property proposed for rezoning is vacant land. An undeveloped alley is located between Orange Avenue and Purcell Avenue. Adjacent land uses on Orange Avenue include industrial businesses (construction equipment, stone supplier) and commercial businesses (fast food restaurant, convenience store and other retail commercial uses). Residential uses are located on the north side of Orange Avenue (at a higher elevation). Neighborhood organization for this area is the Wildwood Civic Leaque. They have been notified of the request for rezoning, but have not provided staff witl~ any comments regarding the request. Water and sewer utilities are available to service the property. A portion of the property is located in the 100-year floodplain (elevation 925 msl). Development of any portion of the floodplain will require further study of floodplain impacts (i.e. downstream flooding) and any construction must meet flood-proofing requirements set forth in the Virginia Statewide Building Code (i.e. minimum of two feet above base flood elevation). The Roanoke Valley Regional Stormwater Management Plan (1997), adopted as part of the City's Comprehensive Plan, recommends improvements to the Tinker Creek culvert and the road to reduce the frequency of flooding. The plan recommends flood-proofing, relocation, and possible property acquisition for buildings in the flood plain and floodway. The Roanoke Valley Area 2020 Long Range Transportation Plan indicates widening of Orange Avenue/U.S. Route 460 to a possible eight lanes in the future. The existing right-of-way is presently 110 feet wide, which should allow for most future improvements. The widening project is not included in the Roanoke Valley Transportation Improvement Program (2001-03) and therefore is not a priority for the next six years. The proposed zoning change from industrial to commercial will result in increased traffic volumes on Orange Avenue. However, without knowledge of specific land uses and building sizes, future traffic volumes cannot be estimated and the impact 2 of these volumes on the traffic flow cannot be determined. A traffic signal presently exists at the intersection of Orange Avenue and 13th Street. Tinker Creek is located adjacent to the properties proposed for rezoning and has been identified as a priority greenway for the City and the Roanoke Valley. Vision 2001 Comprehensive Plan recommends the following development policies: Commercial development: Roanoke will encourage commercial development in appropriate areas (i.e. key intersections and centers) of Roanoke to serve the needs of citizens and visitors. 2. Industrial development: Underutilized and vacant industrial sites will be evaluated and redevelopment encouraged. 3. Greenways: Roanoke will develop a high quality network of regional greenways for recreation, conservation and transportation. Environment: Roanoke will protect the environment and ensure quality air and water for citizens of the region. Special emphasis will be placed on the Roanoke River and its tributaries. Storm water management will be addressed on a regional as well as a local level. Design principles for regional commercial centers: Regional commercial centers should maximize connectivity with existing collector and arterial streets. Streets should encourage pedestrian traffic and bicycle lanes. Site development should be maximized through reduced parking spaces, increased lot coverage, and parcels developed along street frontages. Visual clutter and excessive lighting should be discouraged. The proposed future development of the property is consistent with the commercial and industrial development recommendations of the Comprehensive Plan. Provisions for greenway connections, environmental protection, and design recommendations will be considered in the future when-a development plan is submitted for city review. Recommendation: Planning Commission recommends that City Council approve the proposed rezoning. The proposed zoning and future development is consistent with the Comprehensive Plan in that it will encoura.~e appropriate commercial redevelopment at the intersection of Orange Avenue and 13"' Street, N. E. Respectfully submitted, D. Kent Chrisman, Chairman Roanoke City Planning Commission 3 ESL:mpf attachment cc: Darlene Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William Hackworth, City Attorney Steve Talevi, Assistant City Attorney William Mason, Attorney for the Petitioner 4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a Tract of Land lying and being in the City of Roanoke, Virginia, known as Tax # 3210101, Tax #3210105, Tax #3210114, Tax #3210115, Tax #3210116, Tax # 3210117, Tax # 3210118,, Tax # 3210119, Tax #3221309, T~ax # 3210110, Tax # 3210111, Tax #3210112, Tax #3210113, Tax #3210106, Tax #3210107, Tax #3210108 and Tax #3210109, and that portion of Light Avenue (undeveloped) located along Orange Avenue and lying between Tax # 3210113 and Tax # 3221309, from LM - Light Manufacturing, to C-2 - General Commercial District TO THE HONORABLE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, A. Victor Thomas and Dorothy L. Thomas, own land in the City of Roanoke, Virginia, containing approximately 2.32 acres, more or less, located on Orange Avenue, Tax # 3210101, Tax #3210105, Tax # 3210110, Tax # 3210111, Tax #3210112, Tax #3210113, Tax #3221309 and Purcell Avenue, Tax #3210114, Tax #3210115, Tax #3210116, Tax #3210117, Tax # 3210118, Tax # 3210119 and that portion of land known as Light Avenue (undeveloped) along Orange Avenue between Tax # 3210113 and Tax # 3221309. Said Tracts are currently zoned LM - Light Manufacturing District. The Petitioner, Annie B. Dudley, owns land in the City of Roanoke, Virginia, containing approximately .42 acres, more or less, on Orange Avenue, Tax Map #3210106 and #3210107. The Petitioner, T.L.C. Properties, Inc., owns land in the City of Roanoke, Virginia, containing approximately. 184 acres, more or less, located on Orange Avenue, Tax #3210108 and Tax #3210109. The combined total of these continuous tracts is excess of two (2) acres of property. The tracts are currently zoned LM - Light Manufacturing. A map of the property to be rezoned is attached hereto as Ex_hi. bit A. Pursuant to Section 36.1, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said property be rezoned from LM- Light Manufacturing, to C-2 - General Commercial District for the purposes of placing the convenience store operation located at 1301 Orange Avenue, City of Roanoke, Virginia, in its existing use into a conforming district classification and for the potential of further expansion and development of the tract for other allowed commercial uses. There is no existing concept plan. The Petitioner believes the rezoning of the said Tracts of land will further the intent and purpose of the City and its comprehensive plan, in that it will conform the use of part of the Tract as a convenience store to the correct zoning district and allow the best use of all of the property. The convenience store has been in operation since 1967. Attached hereto as Exhibit "B" are the names, addresses and tax numbers of the owner or owners of all lots or property adjoining and immediately across the street or road from the- property to be rezoned. WHEREFORE, the Petitioners request that the above described Tracts be rezoned as requested in accordance with the provisions of the zoning code of the Cit~ of Roanoke. Respectfully submitted this ~?)[ day of "_~.(,ce.!'l/ ,~0001. Resl~ectfully Submitted, Of Counsel W. F. Mason, Jr., Esquire 302 Washington Avenue, SW Roanoke, Virginia 24016 (540) 344-2017 - telephone (540) 344-6039 - facsimile and David O. Williamson, Esquire (VSB#20806) DAVID O. WILLIAMSON, P.C. 302 Washington Avenue, S.W. Roanoke, Virginia 24016 (540) 345-9082 A. V[~t&"Thomas ~ Doro[h¥ L. Thoja~as Annie B. Dudley T.L.C. Properties, O~i~'~Ks,~its o~'icer and duly authorize~'~ent. CITY Page ! of 2 [ .. ROANOI(~; CiTY GIS Pamel: .3210111 Parce~l Address: LOT 13 B~ ~ G~ FALLS 0~ ~O~, A ~CTOK ~O~S, DOKO~ L ~ 3028 LO~GE ~ S~ KO~NO~, VA  :. .'..~ ~ ~-:, . .... · '- .~. Loc~ ~ http ://www.webgis.net/scn'pts/esr/map.dll~¢=KoacyPlus 1 & 06/05/2000 EXHIBIT "B" LIST OF ADJOINING AND AJACENT PROPERTY OWNERS' ADDRESSES AND TAX IDENTIFICATION NUMBERS Tax Map No Owner (s) Address: 3221101 Michelle C. Thomas 1722 Ashley River Rd Ellis James Thomas Charleston, SC 29407 3221102 Michelle C. Thomas 1722 Ashley River Rd Ellis James Thomas Charleston, SC 29407 3221107 Thomas Aheron P O Box 20751 Eva Aheron Roanoke, VA 24018 3221108 Thomas Aheron P O Box 20751 Eva Aheron Roanoke, VA 24018 3221109 Thomas Aheron P O Box 20751 ¢. Eva Aheron Roanoke, VA 24018 3221110 Thomas Aheron P O Box 20751 Eva Aheron Roanoke, VA 24018 3221111 Thomas Aheron P O Box 20751 Eva Aheron Roanoke, VA 24018 3221112 Thomas Aheron P O Box 20751 Eva Aheron Roanoke, VA 24018 3221113 Thomas Aheron P O Box 20751 Eva Aheron Roanoke, VA 24018 3210106 Beatrice C. Caldwell 1618 Gmyson Ave, NW Annie B. Dudley Roanoke, VA 24017 3210109 TLC Properties; Inc. P O Box 66338 c/o Ben R. Miller, Jr. : Baton Rouge, LA 70896 3210121 Rachel L. Greenway 1332 Purcell Avenue, NE Roanoke, VA 24017 3210123 Jerry Lee King, Jr. 1338 Purcell Avenue, NE Roanoke, VA 24017 3210125 Tobbie Bennie Russeau 1348 Purcell Avenue, NE Roanoke, VA 24017 3221301 Blue Stone Block, Inc. 1510 Wallace Avenue, NE Roanoke, VA 24012 3221302 Blue Stone Block, Inc. 1510 Wallace Avenue, NE Roanoke, VA 24012 3210201 Marie L. Crawley 428 Rivefland Road Roanoke, VA 24014 3210202 Marie L. Crawley 428 Riverland Road Roanoke, VA 24014 3210203 TKB, LLC 3'321 COuntryside Road, NW Roanoke, VA 24017 3210204 : Jerry Lee King, Jr. 1338 Purcell Avenue, NE Roanoke, VA 24017 3210205 TKB, LLC 3321 Countryside Road, NW Roanoke, VA 24017 3210206 TKB, LLC 3321 Countryside Road, NW Roanoke, VA 24017 3210207 TKB, LLC 3321 Countryside Road, NW Roanoke, VA 24017 3210208 TKB, LLC 3321 Countryside Road, NW Roanoke, VA 24017 3210209 TKB, LLC 3321 Countryside Road, NW Roanoke, VA 24017 3210210 TKB, LLC 3321 Countryside Road, NW Roanoke, VA 24017 3210211 TKB, LLC 3321 Countryside Road, NW Roanoke, VA 24017 3210212 TKB, LLC 3321 Countryside Road, NW Roanoke, VA 24017 3210213 TKB, LLC 3321 Countryside Road, NW Roanoke, VA 24017 3210214 C.R. Holland 9606 Greenmeadow Cir c/o Vivian Gravely Glen Allen, VA 23060 Grange Ave, NE 32; ~221; 322172; 3221721 · '~,,, 3221615 ~",,, 3~2.16'i'2~ '"'"., 3'2216;1'1 ? /./ 3~'216:~'0 '"',,, i 3210215 N The Roanoke Times Roanoke, Virginia Affidavit of Publication ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 '01 NOV16 P4:26 REFERENCE: 80023382 01789002 rezoning State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of,Roanoke, Commonwealth/State of Virginia. Sworn and s~scribed before me this Z~-~__ day of N~~/~0~.0~ ~i/~ess~ m~ hand an~-~ffi~al sea~~~__.~~ , Notary Public My commission expires ~-__~_~~j~'-_. PUBLISHED ON: 11/02 11/09 (1979), ~ amended, the Coun- Ilokl a Ptdollo Hemd~l~ o~ Mon- 7:~ p.m., In ~e Council ~ ~ ~ ~, U~t 1210105, Official Tax No. 1210114, Official Tax No. 1210115, Official Tax No. ~210116, Officlsl Tax :210117, Official Tax No. :210118, Offi©lal Tax No. 210119, Official Tax No. 221309, Officlsl Tax No. Official Tax No. 210111, Official Tax No. Official. Tax No. !10113, Offlcla .Tax No. Official Tax No. 3210107, Official Tax No. 3210108 and. Official T. ax No. 3210109 and that IXX'tlan of U~ht Avenu~ (undeveloped) located along Oran~e Avenue and lyln~ between Official Tax No. 32~01:L3 and Of~clal Tax No. 322:LSOg. A copy of this P~I Is avail,. able for public IrmpectJan In Omce oftha C~y ~ Room 456, Municipal Building. All  ln Interest may appear above date and pe If you ~re a per, on w#h a dl~. Uone for this ~ hearing, 853-2641, by Thursday, GIVEN ~nder my hand this 3~t TOTAL COST: 305.14 FILED ON: 11/15/01 Authorized Signature :__ , Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, November 19, 2001, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question ofrezoning from LM, Light Manufacturing District, to C-2, General Commercial District, the following property: That tract of land lying and being in the City of Roanoke, Virginia, known as Official Tax No. 3210101, Official Tax No. 3210105, Official Tax No. 3210114, Official Tax No. 3210115, Official Tax No. 3210116, Official Tax No. 3210117, Official Tax No. 3210118, Official Tax No. 3210119, Official Tax No. 3221309, Official Tax No. 3210110, Official Tax No. 3210111, Official Tax No. 3210112, Official Tax No. 3210113, Official Tax No. 3210106, Official Tax No. 3210107, Official Tax No. 3210108 and Official Tax No. 3210109, and that portion of Light Avenue (undeveloped) located along Orange Avenue and lying between Official Tax No. 3210113 and Official Tax No. 3221309. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by Thursday, November 15, 2001. GIVEN under my hand this __ day of ., 2001. Mary F. Parker, City Clerk. N:\CAPS\NOTICES PI-Bn-rezo vic thomas wpd Note to Publisher: Please publish once in The Roanoke Times on Friday, November 2, 2001 and Friday, November 9, 2001. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 N:\CAPS\NOTICES PI~n-rezovinyard wpd glARY F. PARKER. CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-maih clerk@ci.roanoke.va.us November 8, 2001 File #51 STEPHANIE M. MOON Deputy City Clerk W. F. Mason, Jr., Attorney 302 Washington Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Mason: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 19, 2001, at 7:00 p.m., or ag soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipa! Building, 215 Church Avenue, S. W., on the request of A. Victor and Dorothy L. Thomas, Annie B. Dudley, and T. L. C. Properties, Inc., that properties located on Orange Avenue, N. E., identified as Official Tax Nos. 3210101 and 3210105- 3210119, inclusive; and an undeveloped portion of land located on Light Avenue, N. E., be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District. For your information, I am enclosing copy of a report of the City Planning Commission, notice of the public hearing and an Ordinance. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. It will be necessary for you, or your representative, to be present at the November 19 Public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure MARY F. PARKER. CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) g53-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us November 8, 2001 File #51 STEPHANIE M. MOON Deputy City Clerk Mr. and Mrs. Ellis James Thomas, III 1722 Ashley River Road Charleston, South Carolina 29407 Ms. Marie L. Crawley 428 Riverland Road, S. E. Roanoke, Virginia 24014 Mr. and Mrs. Thomas Aheron P. O. Box 20751 Roanoke, Virginia 24018 TKB, LLC 2231 Countryside Road, N. W. Roanoke, Virginia 24017 Ms. Rachel L. Greenway 1332 Purcell Avenue, N. E. Roanoke, Virginia 24012 Mr. and Mrs. Jerry Dawn King 1313 Purcell Avenue, N. E. Roanoke, Virginia 24012 Mr. Jerry Lee King, Jr. 1338 Purcell Avenue, N. E. Roanoke, Virginia 24012 Mr. Tobbie Bennie Russeau 1348 Purcell Avenue, N. E. Roanoke, Virginia 24012 Blue Stone Block, Inc. 1510 Wallace Avenue, N. E. Roanoke, Virginia 24012 Mr. Alfred W. Wright c/o Mr. George E. Williams 3242 Forest Park Boulevard, N. W. Roanoke, Virginia 24017 Ms. Laurel Ann Berg 71 Windtree Point Drive Moneta, Virginia 24121 Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 19, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of W. F. Mason, Jr., Attorney, representing A. Victor and Dorothy L. Thomas, Annie B. Dudley, and T. L. C. Properties, Inc., that properties located on Orange Avenue, N. E., identified as Official Tax Nos. 3210101 and 3210105 - 3210119, inclusive; and an undeveloped portion of land located on Light Avenue, N. E., be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District. Interested Property Owner and/or Adjoining Property Owner November 8, 2001 Page 2 If you would like to receive a copy of the report of the City Planning Commission, please contact the City Clerk's Office. This letter is provided for y(:Jur information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building, and Development at 540-853-1730. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh NOTICE OF PUBLIC HEARING BEFORE THE ROANO~[~;~I~£'~i PLANNING COMMISSION CITY CLERKS OFFICE TO WHOM IT MAY CONCERN: '01 I~T-I A953 The Roanoke City Planning Commission will hold a~ public hearing on Thursday, October 18, 2001, 1:30 p.m. or as soon as the matter may be heard, in the 2® floor Main Conference Room of the Roanoke Higher Education Center, 108 North Jefferson Street, to consider the following: Request from A. Victor and Dorothy Thomas, Annie B. Dudley and T.L.C. Properties, Inc., represented by W. F. Mason, Jr., Esquire, to rezone properties on Orange and Purcell Avenues, N.E., designated as Official Tax Nos. 3210101,3210105 through 3210119, inclusive, 3221309, and an undeveloped portion of Light Street, N.E., from LM, Light Manufacturing District, to C-2, General Commercial District. A copy of said application is available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, October 2 and October 9, 2001 Please bill: W. F. Mason, Esquire 302 Washington Avenue, S.W. Roanoke, VA 24016 (540) 344-2017 Please send affidavit of publication to: Department of Planning Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: {311¥ gLERI4$ fll:l~lCE A. Victor Thomas and Dorothy L. Thomas, Annie,. 13~e~ma~I.~'~ Propeties, Inc., for property on Orange Avenue, N,~;, Tax Nos. 3210101, 3210105 -3210119, inclusive, 3221309 and an undeveloped portion of Light Street, NE, from LM to C-2 ) )AFFIDAVIT ) ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 19th day of September, 2001, notices of a public heating to be held on the 18th day of October, 2001, on the application captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name Mailing Address 3221101 3221102 Michelle C. Thomas Ellis James Thomas, m 1722 Ashley River Road Charleston, SC 29407 3221107 3221108 3221109 3221110 3221111 3221111 3221112 3221113 3221114 Thomas Aheron Eva Aheron P O Box 20751 Roanoke, VA24018 3221 3221 3221 103 104 105 Eva Aheron P O Box 20751 Roanoke, VA24018 3210121 Rachel L. Greenway 1332 Purcell Avenue, NE Roanoke, VA 24012 3210123 Jerry Lee King, Jr. 1338 Purcell Avenue, NE Roanoke, VA 24012 3210125 Tobbie Bennie Russeau 1348 Purcell Avenue, NE Roanoke, VA 24012 3221301 3221311 Blue Stone Block, Inc. 1510 Wallace Avenue, NE Roanoke, VA 24012 3210201 3210202 Marie L. Crawley 428 Riverland Road, SE Roanoke, VA 24014 3210203 3210205 3210206 3210207 3210208 TKB, LLC 2231 Countryside Road, NW Roanoke, VA 24017 3210204 Jerry Lee King Connie Dawn King 1313 Purcell Avenue, NE Roanoke, VA 24012 3210124 Petitioner 3210122 Alfred W. Wright c/o George E. Williams 3242 Forest Park Blvd., NW Roanoke, VA 24017 3051112 City of Roanoke 3050903 Laurel Ann Sykes Berg 71 Windtree Pt. Dr. Moneta, VA 24121 Notices also mailed to: Bobby Dillon, President, Wildwood Civic League Roy Stroop, Member, Neighborhood Development Review Team, Wildwood Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 19th day of September, 2001. Notary Public My Commission expires: MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk@ci.roanoke.va, us t STEPHANIE M. MOON Deputy City Clerk September 7, 2001 File #51 D. Kent Chrisman, Chairperson City Planning Commission 2319 Avenham Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Chrisman: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition received in the City Clerk's Office on September 6, 2001, from W. F. Mason, Jr., Attorney, representing A. Victor and Dorothy L. Thomas, Annie B. Dudley, and T. L. C. Properties, Inc., requesting that continuous tracts of land in excess of two acres of property located on Orange Avenue and Purcell Avenue, N. E., identified as Official Tax Nos. 310101,3210105,3210114 - 3210119, inclusive, 3221309, 3210110 - 3210113, inclusive, 3210107 - 3210109, inclusive; and an undeveloped portion of land located on Light Avenue, N. E., along Orange Avenue and lying between Official Tax Nos. 3210113 and 3221309, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District. Sincerely, Deputy City Clerk :sm Enclosures IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a Tract of Land lying and being in the City o~oanoke,V~rgini~,' ~'~ known as Tax # 3210101, Tax #3210105, Tax #3210114, Tax #3210115, Tax #3210116, Tax # 3210117, Tax # 3210118,, Tax # 3210119, Tax #3221309, Tax # 3210110, Tax # 3210111, Tax #3210112, Tax #3210113, Tax #3210106, Tax #3210107, Tax #3210108 and Tax #3210109, and that portion of Light Avenue (undeveloped) located along Orange Avenue and lying between Tax # 3210113 and Tax # 3221309, from LM - Light Manufacturing, to C-2 - General Commercial District TO THE HONORABLE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, A. Victor Thomas and Dorothy L. Thomas, own land in the City of Roanoke, Virginia, containing approximately 2.32 acres, more or less, located on Orange Avenue, Tax # 3210101, Tax #3210105, Tax # 3210110, Tax # 3210111, Tax #3210112, Tax #3210113, Tax #3221309 and Purcell Avenue, Tax #3210114, Tax #3210115, Tax #3210116, Tax #3210117, Tax # 3210118, Tax # 3210119 and that portion of land known as Light Avenue (undeveloped) along Orange Avenue between Tax # 3210113 and Tax # 3221309. Said Tracts are currently zoned LM - Light Manufacturing District. The Petitioner, Annie B. Dudley, owns land in the City of Roanoke, Virginia, containing approximately .42 acres, more or less, on Orange Avenue, Tax Map #3210106 and #3210107. The Petitioner, T.L.C. Properties, Inc., owns land in the City of Roanoke, Virginia, containing approximately .184 acres, more or less, located on Orange Avenue, Tax #3210108 and Tax #3210109. The combined total of these continuous tracts is excess of two (2) acres of property. The tracts are currently zoned LM - Light Manufacturing. A map of the property to be rezoned is attached hereto as Ex.b.l. bit ~ Pursuant to Section 36.1, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said property be rezoned from LM- Light Manufacturing, to C-2 - General Commercial District for the purposes of placing the convenience store operation located at 1301 Orange Avenue, City of Roanoke, Virginia, in its existing use into a conforming district classification and for the potential of further expansion and development of the tract for other allowed commercial uses. There is no existing concept plan. The Petitioner believes the rezoning of the said Tracts of land will further the intent and purpose of the City and its comprehensive plan, in that it will conform the use of part of the Tract as a convenience store to the correct zoning district and allow the best use of all of the property. The convenience store has been in operation since 1967. Attached hereto as Exhibit "B" are the names, addresses and tax numbers of the owner or owners of all lots or property adjoining and immediately across the street or road from the property to be rezoned. WHEREFORE, the Petitioners request that the above described Tracts be rezoned as requested in accordance with the provisions of the zoning code of the City of Roanoke. Respectfully submitted this re- ' day of ~:k,t-/e~ee,~ , 2001. Resl~ectfully Submitted, By ~~'~-~-'? Of Counsel W. F. Mason, Jr., Esquire 302 Washington Avenue, SW Roanoke, Virginia 24016 (540) 344-2017 - telephone (540) 344-6039 - facsimile and David O. Williamson, Esquire (VSB#20806) DAVID O. WILLIAMSON, P.C. 302 Washington Avenue, S.W. Roanoke, Virginia 24016 (540) 345-9082 A. -V~t& Th~'~as ~ ~ Annie B. Dudley _ " T.L.C. Properties, Irxc. By 0'all~a'd*~i~sQts o~ficer and duly authorizeiT~ent. ROANOKE CITY Page 1 of 2 I ROANOKE CITY GIS Parcel: 3210111 Parcel Address: LOT 13 BLK23 GLEN FALLS Owner:. THOMAS, A VICTOR THOMAS, DOROTHY L , c_~.~ ,- 3028 LOCKRIDGE RD SW ROANOKE, VA Instr. No.: 12890727 Acres: 3,630,523 ?..!?i,~+.:.j,,~ ! :ii 'i"i':~q-~ ":;?~':' ~'~:,:'~ .... ¢, :'. .... r.::?:.!` ~::-'.? ".:.'q..: -.'... . '. : ;.~.~;::::~¢ 7'~' .i~ .::'::' ~:::~:~n- f. .ff ":.7 =.~ ../~ 3,629,816 ~'~' s '. :~: 11,~0,078 ~ ~7~ 11,070,785 Loc~on M~  D~~ ~ ~o~on mn~ on ~ ~ ~ NOT m ~ m~ ~ ~ ~ a '1~ ~p~on'. ~ i~o~on ~ ~ m ~ ~ b~ ~ is not ~ or o~io~ ~d ~ ~ m ~ Ci~ of ~o~e ~ ~ Ci~ of~o~ ~ l~ie for ~ ~, ~cl~ lo~ of~ 1~ ~fi~ b~ ~o~ loss ofb~in~ ~o~a~on or o~ ~ lo~ ~ mi~ ~ ~m ~ ~ of~ ~on it ~. ~ ~ D~ off ~ 2~ Pag~ g~ea'at~d on 615100 11:39:06 AM http://www.web~s.n~scfipts/esrimap.dll?name=RoacyPlusl & 06/05/2000' EXHIBIT "B" LIST OF ADJOINING AND AJACENT PROPERTY OWNERS' ADDRESSES AND TAX IDENTIFICATION NUMBERS Tax Map No Owner (s) Address: 3221101 Michelle C. Thomas 1722 Ashley River Rd Ellis James Thomas Charleston, SC 29407 3221102 Michelle C. Thomas 1722 Ashley River Rd Ellis James Thomas Charleston, SC 29407 3221107 Thomas Aheron P O Box 20751 Eva Aheron Roanoke, VA 24018 3221108 Thomas Aheron P O Box 20751 Eva Aheron Roanoke, VA 24018 3221109 ¢ Thomas Aheron P O Box 20751 Eva Aheron Roanoke, VA 24018 3221110 Thomas Aheron P O Box 20751 Eva Aheron Roanoke, VA 24018 3221111 Thomas Aheron P O Box 20751 Eva Aheron Roanoke, VA 24018 3221112 Thomas Aheron P O Box 20751 Eva Aheron Roanoke, VA 24018 3221113 Thomas Aheron P O Box 20751 Eva Aheron Roanoke, VA 24018 3210106 Beatrice C. Caldwell 1618 Grayson Ave, NW Annie B. Dudley Roanoke, VA 24017 3210109 TLC Properties, Inc. P O Box 66338 c/o Ben R. Miller, Jr. Baton Rouge, LA 70896 3210121 Rachel L. Greenway 1332 Purcell Avenue, NE Roanoke, VA 24017 3210123 Jerry Lee King, Jr. 1338 Purcell Avenue, NE Roanoke, VA 24017 3210125 Tobbie Bennie Russeau 1348 Purcell Avenue, NE Roanoke, VA 24017 3221301 Blue Stone Block, Inc. 1510 Wallace Avenue, NE Roanoke, VA 24012 3221302 Blue Stone Block, Inc. 1510 Wallace Avenue, NE Roanoke, VA 24012 3210201 Marie L. Crawley 428 Riverland Road Roanoke, VA 24014 3210202 Marie L. Crawley 428 Riverland Road Roanoke, VA 24014 3210203 TKB, LLC 3321 Countryside Road, NW Roanoke, VA 24017 3210204 Jerry Lee King, Jr. 1338 Purcell Avenue, NE Roanoke, VA 24017 3210205 TKB, LLC 3321 Countryside Road, NW Roanoke, VA 24017 3210206 TKB, LLC 3321 Countryside Road, NW Roanoke, VA 24017 3210207 TKB, LLC 3321 Countryside Road, NW Roanoke, VA 24017 3210208 TKB, LLC 3321 Countryside Road, NW Roanoke, VA 24017 3210209 TKB, LLC 3321 Countryside Road, NW Roanoke, VA 24017 3210210 TKB, LLC 3321 Countryside Road, NW Roanoke, VA 24017 3210211 TKB, LLC 3321 Countryside Road, NW Roanoke, VA 24017 3210212 TKB, LLC 3321 Countryside Road, NW Roanoke, VA 24017 3210213 TKB, LLC 3321 Countryside Road, NW Roanoke, VA 24017 3210214 C.R. Holland 9606 Greenmeadow Cir c/o Vivian Gravely Glen Allen, VA 23060 I)ONNA ~). KNOX OF (~OUNSEL W. F. M2~SON, JR. ~kTTORNEY AND ~0UNSELLOR ~kT LAW 302 W~kSHINO~ON AVENUE, S.W. RO~NOKE, VrRGL~qIA 24016 ~rELEPHONE (540) 344-2017 FA~SLMILE (540) 344-6O39 Roanoke City Council Municipal Building, Room 166 215 Church Avenue, S.W. Roanoke, VA 24011 September 6, 2001 RE: Rezoning of portion along Orange Avenue Dear Sirs: I represent A. Victor Thomas and Dorothy L. Thomas who would like to have their land along Orange Avenue rezoned. I have enclosed herewith a Petition to re-zone portions of Orange Avenue from Light Manufacturing to General Commercial Districts along with seven (7) copies. I have also enclosed a check in the amount of $330.00 payable to the Clerk of the City of Roanoke for filing fees. If you have any questions, please do not hesitate to contact me. Very tm CC: A. Victor Thomas Evie Lander, Director, Dept. of Planning, Building & Development MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~¢i.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk November 20, 2001 File #51 D. Kent Chrisman, Chair City Planning Commission 2319 Avenham Avenue, S.W. Roanoke, Virginia 24014 Dear Mr. Chrisman: ~ I am attaching copy of Ordinance No. 35671-111901 rezoning properties located on Vinyard Avenue, N. E., described as Official Tax Nos. 7040601 - 7040606, inclusive, from LM, Light Manufacturing District, to RS-3, Residential Single Family District, and dispensing with the second reading of the ordinance by title. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment pc: Joseph L. and Elva M. McAlister, 2902 Vinyard Avenue, N. E., Roanoke, Virginia 24012 Kenneth and Katherine Keesee, 2912 Vinyard Avenue, N. E., Roanoke, Virginia 24012 Jimmy D. and Flora M. Smith, 2922 Vinyard Avenue, N. E., Roanoke, Virginia 24012 R. Mark and Deanna P. Munsey, 2932 Vinyard Avenue, N. E., Roanoke, Virginia 24012 H:~Agenda. O 1 hNovember 19, 2001 corresp.wpd D. Kent Chrisman November 20, 2001 Page 2 pc~ Willard D. and Jeannette M. Hamill, 3121 King Street, N. E., Roanoke, Virginia 24012 Jean Mearns Comer, et al., 224 Berkley Road, N. E., Roanoke, Virginia 24012 Walter Darnell Vinyard, P. O. Box 295, Vinton, Virginia 24179 Roger D. Cannaday, 2610 Forest Oak Drive, Roanoke, Virginia 24102 Thomas William Jones, 2923 Idlewild Boulevard, N. E., Roanoke, Virginia 24012 David L. and Diane W. Hopkins, 207 Berkley Road, N. E., Roanoke, Virginia 24012 Warren G. and Louise B. Light, 2829 Idlewild Boulevard, N. E., Roanoke, Virginia 24012 Howard K. Walters, 2820 Vinyard Avenue, N. E., Roanoke, Virginia 24012 Russell L. Short, 101 Irene Circle, Vinton, Virginia 24179 Norfolk Southern Corporation, 110 Franklin Road, S. W., Roanoke, Virginia 24011 Darlene L. Burcham, City Manager Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer ' Steven J. Talevi, Assistant City Attorney Christopher L. Chittum, City Planner HAAgenda.01~November 19, 2001 corresp.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2001. No. 35671-111901. AN ORDINANCE to amend {}36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 704, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading of this ordinance. WHEREAS, the City of Roanoke has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District to RS-3. Residential Single Family District; and WHEREAS, the City Planning Commission, which after giving proper notice ,to all concerned as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on November 19, 2001, after due and timely notice thereof as required by {}36.1-693, Code of the City o~Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the Ci~s Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 704 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain tract of land on the northeast quadrant of the City, and located on Vinyard Avenue, N. E., and designated on Sheet No. 704 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No.7040601 through 7040606, inclusive, be, and is hereby rezoned from LM, Light Manufacturing District, to RS-3, Residential Single Family District, as set forth in the First Amended Petition filed in the Office of the City Clerk on October 24, 2001, and that Sheet No. 704 of the Zone Map be changed in this respect. 2. - Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with... ATTEST: City Clerk. N: \CAP S\O RDl~lANCESXo-re. zcit3~nyardLlv[l~ 1 .wpd Roanoke City Department of Planning Building and Development ,Room 166, Municipal Building 215 Church Avenue, S.W. RECEIVED Roanoke. Virginia 24011 (540) 853-1730 (Fax) 853-1230 CITY CLERKS OFFICE Er-nail: planning@ci.roanoke.va.us '01 00T 31 ~11:45 A.5, November 19, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Request from the Roanoke City Planning Commission, pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, that properties located on Vinyard Avenue, N.E., designated as Official Tax Nos.7040601, 7040602, 7040603, 7040604, 7040605, 7040606 be rezoned from LM, Light Manufacturing District, to RS-3, Residential Single Family District. Planning Commission Action: On October 18, 2001, the Planning Commission held a public hearing on the proposed request. By a vote of 7-0 (Messrs. Butler, Campbell, Chrisman, Dowe, Hill, Manetta and Rife voting in favor), the Commission voted to amend the original request to rezone by removing Official Tax No. 7040701 and to approve the rezoning of Official Tax Nos. 7040601 through 7040606, inclusive, from LM, Light Manufacturing District, to RS-3, Residential Single Family District. Background: The properties proposed for rezoning are located on the 2900 block of Vinyard Avenue, N.E. The subject properties are bounded by Berkley Road to the east, Atherly Street to the west and the Norfolk and Western Railroad to the south. A petition to rezone the properties from LM, Light Manufacturing District to RS-3, Residential Single Family District was filed on September 7, 2001. An amended petition to rezone Official Tax Nos. 7040601 through 7040606, inclusive, was filed with the City Clerk on October 24, 2001. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals The purpose of the application is to rezone the lots to their existing residential use. The properties are currently used as single-family dwellings, but are zoned for light manufacturing purposes. Tax Number 7040701 is vacant land. On February 19, 2001, the owners of properties designated as Official Tax Nos. 7040601 through 7040606 requested that the Planning Commission submit the rezoning on their behalf (see Exhibit B). On August 16, 2001, the Planning Commission authorized the filing of a petition to rezone. At the Planning Commission hearing on October 18, 2001, Mr. David Diaz presented the staff report. Mr. Diaz said that after talking with Mr. Todd Ross, a representative of the owner of the parcel bearing 7040701, the representative desired to have the property zoned RM-1, Residential Multifamily, Low Density District rather than single family. He recommended that the Planning Commission amend the rezoning request to exclude 7040701 and to consider a zoning change to RM-1. Five residents, who live in four of the properties to be rezoned, attended the meeting and spoke in support of the rezoning (Ms. Diane Munsey, Mr. Jimmy Smith, Mr & Mrs. Kenneth Kessee and Mr. Willard Hamill). The Planning Commission voted to approve the amended request and authorized the filing of a new rezoning petition for Tax No. 7040701. Considerations The existing zoning of the surrounding area consists of RS-3, Residential Single Family District, to the north, RM-1, Residential Multifamily, Low Density District, to the west and LM, Light Manufacturing District, to the east. The land use pattern is predominantly residential, to the west of Berkley Road and a mixture of vacant land and manufacturing uses to the east of Berkley Road. The Wildwood Civic League is the neighborhood organization for the subject area and supports the rezoning. Mr. Roy Stroop, a neighborhood leader, contacted staff and advised that the matter was discussed at a neighborhood meeting and the organization supported the rezoning request. A representative of the executor of Tax No. 7040701 met with staff and advised of their desire to rezone the property toRM-1, which would allow for two-family dwellings as an option. The City Traffic Engineer anticipates that there will be no traffic impacts foreseen for this rezoning. A reduction in trip generation is expected because residential uses generate less traffic than a manufacturing use. While the Economic Development Director is concerned about the loss of light manufacturing land that is accessible by railroad, the subject property is not considered viable industrial land because of the lack of traffic access and the predominant residential land use pattern in the area. 2 The Vision 2001 Comprehensive Plan recommends that: Housing Choice: The City will have a balanced, sustainable range of housing choices in all price ranges and design options that encourage social and economic diversity throughout the City. Sustainable Population: Roanoke will have a balanced, sustainable population. Roanoke will promote its urban assets, diversity, convenience and affordability to retain existing residents and attract new ones to our City. The rezoning request is consistent with the comprehensive plan. Recommendation: Planning Commission recommends that City Council approve the proposed rezoning of Official Tax Nos. 7040601 through 7040606, inclusive. This area is inappropriately zoned for light manufacturing and should be zoned residential to reflect its existing land use. Respectfully submitted, D. Kent Chrisman, Chairman Roanoke City Planning Commission CC.' Darlene L. Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA In Re: Rezoning of properties in the northeast quadrant of the City, identified as Official Tax Nos. 7040601, 7040602, 7040603, 7040604, 7040605, and 7040606 and located on Vinyard Avenue, N.E., from LM, Light Manufacturing District, to RS-3, Residential Single Family District. ) ) First Amended ) Petition to Rezone ) ) To: The Honorable Mayor and Members of Council of the City of Roanoke The petitioner, the Roanoke City Planning Commission, pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, requests that the properties set out below be rezoned from LM, Light Manufacturing District, to RS-3, Residential Single Family District. The purpose of this rezoning is to extend the existing RS-3 zoning line in the neighborhood to Vinyard Avenue. A map outlining the area proposed to be rezoned is attached to this petition as Exhibit A. Properties to be rezoned are more specifically identified below: Official Tax No. 7040601 Official Tax No. 7040602 Official Tax No. 7040603 Official Tax No. 7040604 Official Tax No. 7040605 Official Tax No. 7040606 2902 Vinyard Avenue, N.E. 2912 Vinyard Avenue, N.E. 2922 Vinyard Avenue, N.E. 2932 Vinyard Avenue, N.E. 2942 Vinyard Avenue, N.E. acreage on Vinyard Avenue, N.E. The Petitioner believes that the rezoning of the above parcels of land will further the intent and purposes of the City's zoning ordinance and its comprehensive plan by rezoning lots currently zoned for lig~ht manufacturing, but used for residential purposes, to reflect their current land use as single family. Owners of the subject property are in support of this rezoning request and have provided that the Planning Commission with a written statement to that effect (Exhibit B). Wherefore, the Petitioner requests that the above-described properties be rezoned from LM, Light Manufacturing District, to RS-3, Residential Single Family District. Attached as Exhibit C is a list of current owners of the above-mentioned properties. Attached as Exhibit D is a list of current adjoining property owners of the above- mentioned properties. Respectfully submitted this 24t~ day of October, 2001. Respectfully submitted, D. Kent Chrisman, Chairman Roanoke City Planning Commission EXHIBIT B February 19, 2001 Mr. Melvin Hill Chairman of the Planning Commission Municipal Building 215 Church Avenue Room 166 Roanoke, VA 24011 Dear Mr. Hill: We are writing your office to request your assistance in rezoning the 2900 block of Vinyard Avenue, Idlewild Subdivision, Roanoke City, VA, 24012. There are 6 families currently living within the Light Manufacturing (LM) zone of this block. Three of these families are either related to original owners or have been residents themselves for the last 40+ years. It was recently brought to our attention that our block had been rezoned to Light Manufacturing (LM) back in the early 1970's without any written or verbal notification to the residence. The homes currently standing were grandfathered into the zone because they were i:)re-standing. VVhen our families recently gained knowledge of this current zoning and the restrictions that this places on our homes, we began to pursue having this block rezoned back to the original Residential Single Family (RS-3). However, after checking with many local lawyers, we realized that together our families would not be able to finance the $1500-2000 begin requested to submit the rezoning documents on our behalf. · Because of the extraordinary legal expenses beyond our current abilities and after checking with Mr. David Diaz in your offices, we have agreed together to write this letter requesting your offices to submit a rezoning request on our behalf to City Council to rezone our street back to RS-3. We all agree on this need as stated by our signatures found below. We feel that this is vitally needed in order for our families to be able to sell, make additions to, or even refinance our homes. Things that we are unable to do under the current zoning of our -.land. We look forward to hearing from you at your earliest convenience. Please feel free to contact us for any additional information or anyway that we may be of assistance to expidite this procedure. Sincerely, Mr. & Mrs. R. Mark Munsey ~ 2932 Vinyard Avenue, Roanoke, VA 2401 munsey@rbnet, com 540-985-0595 signature printed name Mr. & Mrs. Willard Hamill original family and current owner of 2942 Vinyard Avenue, Roanoke, VA, 24012 3121 King Street, Roanoke, VA 24012 signature printed name 540-343-9701 / Mr. & Mrs. James Smith 2922 Vinyard Avenue, Roanoke, VA, 24012 ~re / pd~ name / 540-345-6286 Mr. & Mrs. Kenneth Kessee ?~ ¢0 2912 Vinyard Avenue, Roanoke, VA 2401 540-345-0217 signature -p~c=;d'r~;;~ · " Mr. Danny McCallister '7 D~/D ~ o/ 2902 Vinyard Avenue, Roanoke, VA 2401/~ 540-343-3173 s~gnat-ure ._,,J ' printed-name -'/ - ' Ms. Jean Commer '~o ~/o 4 ~ ~ 224 Berkley Road, Roanoke, VA 24012 540-342-7593 Com , printed name Tax No. 7040601 7040602 7040603 7040604 7040605 7040606 EXHIBIT C PROPERTY OWNER LISTING Property Address Owner's Name and Mailing Address 2902 Vinyard Avenue, NE Joseph L. and Elva M. McAlister 2902 Vinyard Avenue, NE Roanoke, VA 24012 2912 Vinyard Avenue, NE Kenneth and Katherine Keesee 2912 Vinyard Avenue, NE Roanoke, VA 24012 2922 Vinyard Avenue, NE Jimmy D. and Flora M. Smith 2922 Vinyard Avenue, NE Roanoke, VA24012 2932 Vinyard Avenue, NE R. Mark and Deanna P. Munsey 2932 Vinyard Avenue, NE Roanoke, VA24012 2942 Vinyard Avenue, NE Willard D. and Jeannette M. Hamill Revocable Trust 3121 King Street, NE Roanoke, VA 24012 Vinyard Avenue, NE Jean Meatus Comer, et al 224 Berkley Road, NE Roanoke, VA 24012 EXHIBIT D ADJOINING PROPERTY OWNERS Tax No. Property Address Owner's Name and Mailing Address 7040701 8.33 acres on Vinyard Avenue, NE Walter Damell Vinyard P O Box 295 Vinton, VA 24179 7040607 Idlewild Boulevard, NE Roger D. Cannaday ~ 2610 Forest Oak Drive .. Roanoke, VA 24102 7040608 2923 Idlewild Boulevard, NE Thomas William Jones 2923 Idlewild Boulevard, NE Roanoke, VA 24012 7040601 Idlewild Boulevard, NE Willard and jeannette Hamitl 7040611 Revocable Trust -- .- "' -. '~" 3121 King Street, NE Roanoke, VA 24012 7040612 224 Berkley Road, NE Jean Meatus Comer, et als 224 Berkley Road, NE Roanoke, VA 24012 7040613 Idlewild Boulevard, NE Jimmy D. and Flora M. Smith 2922 Vinyard Avenue, NE Roanoke, VA 24012 7050101 207 Berkley Road, NE David L. and Diane W. Hopkins 207 Berkley Road, NE Roanoke, VA 24012 7050111 Berkley Road, NE Walter Damall Vinyard P O Box 295 Vinton, VA 24179 3410904 2829 Idlewild Boulevard, NE Warren G. and Louise B. Light 2829 Idlewild Boulevard, NE Roanoke, VA 24012 3410911 2820 Vinyard Avenue, NE Howard K. Walters 2820 Vinyard Avenue, NE Roanoke, VA 24012 3411008 Vinyard Avenue, NE Russell L. Short 101 Irene Circle Vinton, VA 24179 Norfolk Southern Railway Line Norfolk Southern Corporation 110 Franklin Road, SW Roanoke, VA 24011 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, November 19, 2001, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question ofrezoning from LM, Light Manufacturing District, to RS-3, Residential Single Family District, the following property: That certain tract of land containing properties in the northeast quadrant of the City identified as Official Tax Nos. 7040601 through 7040606, inclusive, located on Vinyard Avenue N. E. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by Thursday, November 15,2001. GIVEN under my hand this __ day of ,2001. Note to Publisher: Mary F. Parker, City Clerk. Please publish twice in The Roanoke Times on Sunday, November 4, 2001, and again on Saturday, November 10, 2001. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:~AMISC~n-rezovinyard I 11901.2 The Roanoke Times Roanoke, Virginia Affidavit of Publication RECEIVED The .................................................. ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 '01 NOV 16 P4:26 REFERENCE: 80023382 01790370 VINYARD State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn an~ subscribed b~fore me this __~_~_/_~_ day of N.~~/~0~i~ess my hand and official / ~_~ ~ My commission expires PUBLISHED ON: 11/04 11/10 TOTAL COST: 236.60 FILED ON: 11/15/01 TO WHOM IT MAY CONCERN: Pummnt to the pro~m~ns of Agd~e VII Of Cl~Ipter 36.1, Code of the City of Roanoke (1979), a~ amended, ttm Court- hold ',, Public I.m~ltng on Mon- day, Nov~mbe~ 19, 2001, at 7:00 p.m., In the Council Chamber In the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on ~he quest]on of m~onlng from LM, Ui~t Manufacturing District, to RS-3, Rmddm~al SIn~le Family 11~it ce~iIn tract of land con- tiffed ai Ofllclel Tax Nos. 7040601 through 7040606, IneluMve, located on VIny~rd Avenue N. E. A ~opy of this propo~ll is avail- ~ In Intemit may appear tllrd on the ClUeStlon. If ~mu lea pemon v/Ith a d~s- ~3ontaot the C~ Clinic'- Office 853-2541, by Thureday, November ~5, 2001. GIVEN under my hand this 2nd Ma~ F. Padcer, (1790370i City ~ Billing Services Representative MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-maih clerkc~ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk November 6, 2001 File #51 Mr. and Mrs. Joseph L. McAlister Mr. and Mrs. Kenneth Keese Mr. and Mrs. Jimmy D. Smith Mr. and Mrs. R. Mark Munsey Mr. and Mrs. Willard D. Hamill Ms. Jean Mearns Comer, et al Mr. Walter Darnell Vinyard Mr. Roger D. Cannaday Mr. Thomas William Jones Mr. and Mrs. David L. Hopkins Mr. and Mrs. Warren G. Light Mr. Howard K. Walters Mr. Russell L. Short Norfolk Southern Corporation Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 19, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on an application of D. Kent Chrisman, Chair, City Planning Commission, that properties located on Vinyard Avenue in the northeast quadrant of the City, identified as Official Tax Nos. 7040601 - 7040606, inclusive, and 7040701, be rezoned from LM, Light Manufacturing District, to RS-3, Residential Single Family District. If you would like to receive a copy of the report of the City Planning Commission, please contact the City Clerk's Office. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building, and Development at 540-853-1730. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh MARY F. PARKER. CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: ¢lerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk October 24, 2001 File #51 Evelyn S. Lander, Agent City Planning Commission Roanoke, Virginia Dear Ms. Lander: Pursuant to Section 36.1-690(e).of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition received in the City Clerk's Office on Wednesday, October 24, 2001, from D. Kent Chrisman, Chair, City Planning Commission, requesting that properties located on Vinyard Avenue, N. E., identified as Official Tax Nos. 7040601 - 7040606, inclusive, be rezoned from LM, Light Manufacturing District, to RS-3, Residential Single Family District. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosures H:~J~-':--~.01~ I~lanmng C.~mmi~n. Rezontng.w~d Evelyn S. Lander 'October 24, 2001 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue, S. W., Roanoke, Virginia 24014 Willard N. Claytor, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA REC£1¥E0 CITY CLERKS OFFICE In Re: Rezoning of properties in the northeast quadrant of the City, identified as Official Tax Nos. 7040601, 7040602;0~ 7040603, 7040604, 7040605, and 7040606 and located bn Vinyard Avenue, N.E., from LM, Light Manufacturing District, to RS-3, Residential Single Family District. To: ) ) Petition to Rezone ) ) The petitioner, the Roanoke City Planning Commission, pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, requests that the properties set out below be rezoned from LM, Light Manufacturing District, to RS-3, Residential Single Family District. The purpose of this rezoning is to extend the existing RS-3 zoning line in the neighborhood to Vinyard Avenue. A map outlining the area proposed to be rezoned is attached to this petition as Exhibit A. Properties to be rezoned are more specifically identified below: Official Tax No. 7040601 Official Tax No. 7040602 Official Tax No. 7040603 Official Tax No. 7040604 Official Tax No. 7040605 Official Tax No. 7040606 2902 Vinyard Avenue, N.E. 2912 Vinyard Avenue, N.E. 2922 Vinyard Avenue, N.E. 2932 Vinyard Avenue, N.E. 2942 Vinyard Avenue, N.E. acreage on Vinyard Avenue, N.E. The Petitioner believes that the rezoning of the above parcels of land will further the intent and purposes of the City's zoning ordinance and its comprehensive plan by rezoning lots currently zoned for light manufacturing, but used for residential purposes, to reflect their current land use as single family. Owners of the subject property are in support of this rezoning request and have provided that the Planning Commission with a written statement to that effect (Exhibit B). Wherefore, the Petitioner requests that the above-described properties be rezoned from The Honorable Mayor and Members of Council of the City of Roanoke LM, Light Manufacturing District, to RS-3, Residential Single Family District. Attached as Exhibit C is a list of current owners of the above-mentioned properties. Attached as Exhibit D is a list of current adjoining property owners of the above- mentioned properties. Respectfully submitted this 24th day of October, 2001. Respectfully submitted, D. Kent Chrisman, Chairman Roanoke City Planning Commission '' i ~ X EXlllOlt A EXHIBIT B February 19, 2001 Mr. Melvin Hill Chairman of the Planning Commission Municipal Building 215 Church Avenue Room 166 Roanoke, VA 24011 Dear Mr. Hill: We are writing your office to request your assistance in rezoning the 2900 block of Vinyard Avenue, ldlewild Subdivision, Roanoke City, VA, 24012. There are 6 families currently living within the Light Manufacturing (LM) zone of this block. Three of these families are either related to original owners or have been residents themselves for the last 40+ years. It was recently brought to our attention that our block had been rezoned to Light Manufacturing (LM) back in the early 1970's without any written or verbal notification to the residence. The homes currently standing were grandfathered into the zone because they were i~re-standing. When our families recently gained knowledge of this current zoning and the restrictions that this places on our homes, we began to pursue having this block rezoned back to the original Residential Single Family (RS-3). However, after checking with many local lawyers, we realized that together our families would not be able to finance the $1500-2000 begin requested to submit the rezoning documents on our behalf. Because of the extraordinary legal expenses beyond our current abilities and after checking with Mr. David Diaz in your offices, we have agreed together to write this letter requesting your offices to submit a rezoning request on our behalf to City Council to rezone our street back to RS-3. We all agree on this need as stated by our signatures found below. We feel that this is vitally needed in order for our families to be able to sell, make additions to, or even refinance our homes. Things that we are unable to do under the current zoning of our -.land. We look forward to hearing from you at your earliest convenience. Please feel free to contact us for any additional information or anyway that we may be of assistance to expidite this procedure. Sincerely, Mr. & Mrs. R. Mark Munsey ?~ 5/ O ~, O z~ 2932 Vinyard Avenue, Roanoke, VA 24012 munsey@rbnet.com 540-985-0595 signature printed name Mr. & Mrs. Willard Hamill original family and current owner of 2942 Vinyard Avenue, Roanoke, VA, 24012 3121 King Street, Roanoke, VA 24012 signature printed name 540-343-9701 Mr. & Mrs. James Smith 2922 Vinyard Avenue, Roanoke, VA, 24012 §ijg~ature / pd~ ~me / 540-345.-6286, Mr. & Mm. Kenneth Kessee ?O ¢0 2912 Vinyard Avenue, Roanoke, VA 2401 540-345-0217 signature -- 'p~ n~'cgd' ~m~" -- Mr. Danny McCallister '7 O~ ~, 0 ! 2902 Vinyard Avenue, Roanoke, VA 2~4C)1~ 540-343-3173 Ms. Jean Commer 2~ ~/~ 4 ~ G 224 Berkley Road, Roanoke, VA 24012 si--'~ure~ ' , . ~ _ 540-342-7593 printed name Tax No. 7040601 7040602 7040603 7040604 7040605 7040606 EXHIBIT C PROPERTY OWNER LISTING Property Address Owner's Name and Mailing Address 2902 Vinyard Avenue, NE Joseph L. and Elva M. McAlister 2902 Vinyard Avenue, NE Roanoke, VA 24012 2912 Vinyard Avenue, NE Kenneth and Katherine Keesee 2912 Vinyard Avenue, NE Roanoke, VA 24012 2922 Vinyard Avenue, NE Jimmy D. and Flora M. Smith 2922 Vinyard Avenue, NE Roanoke, VA 24012 2932 Vinyard Avenue, NE R. Markand Deanna P. Munsey 2932 Vinyard Avenue, NE Roanoke, VA24012 2942 Vinyard Avenue, NE Willard D. and Jeannette M. Hamill Revocable Trust 3121 King Street, NE Roanoke, VA 24012 Vinyard Avenue, NE Jean Meatus Comer, et al 224 Berkley Road, NE Roanoke, VA 24012 EXHIBIT D ADJOINING PROPERTY OWNERS Tax No. Property Address Owner's Name and Mailing Address 7040701 8.33 acres on Vinyard Avenue, NE Walter Damell Vinyard P 0 Box 295 Vinton, VA 24179 7040607 Idlewild Boulevard, NE Roger D. Cannaday 2610 Forest Oak Drive Roanoke, VA 24102 7040608 2923 Idlewild Boulevard, NE Thomas William Jones 2923 Idlewild Boulevard, NE Roanoke, VA 24012 7040601 Idlewild Boulevard, NE Willard and Jeannette Hamill 7040611 Revocable Trust 3121 King Street, NE Roanoke, VA 24012 7040612 224 Berkley Road, NE Jean Meams Comer, et als 224 Berkley Road, NE Roanoke, VA 24012 7040613 Idlewild Boulevard, NE Jimmy D. and Flora M. Smith 2922 Vinyard Avenue, NE Roanoke, VA 24012 7050101 207 Berkley Road, NE David L. and Diane W. Hopkins 207 Berkley Road, NE Roanoke, VA 24012 7050111 Berkley Road, NE Walter Damall Vinyard P O Box 295 Vinton, VA 24179 3410904 2829 Idlewild Boulevard, NE Warren G. and Louise B. Light 2829 Idlewild Boulevard, NE Roanoke, VA 24012 3410911 2820 Vinyard Avenue, NE Howard K. Walters 2820 Vinyard Avenue, NE Roanoke, VA 24012 3411008 Vinyard Avenue, NE Russell L. Short 101 Irene Circle Vinton, VA 24179 Norfolk Southern Railway Line Norfolk Southern Corporation 110 Franklin Road, SW Roanoke, VA 24011 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA TO ZON O OF: City of Roanoke for properties on Viny~d Avenue, ~. ~ ~0 ~3 It5 Tax Nos. 7040601 t~ou~ 7040606 ~d 7040701, ff~ ~~AVIT LM to RS-3 ) COMMO~ALTH OF V~G~ ) ) TO-~T: .. CITY OF ROANO~ ) The affiant, Maaha Pace Fra~lin, first being duly sworn, states that she is Secret~ to the Ro~oke City Plying Co~ission, ~d as such is competent to m~e this affidavit of her o~ personal ~owledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as ~ended, on behalf of the Plying Co~ission of the City of Ro~oke, she has sent by first-class mail on the 19th day of September, 2001, notices of a public he~ng to be held on the 18th day of October, 2001, on the request captioned above to the o~er or agent of the p~cels listed below at their last ~o~ address: PROPERTY OWNER LISTING Tax No. Property Address 7040601 2902 Vinyard Avenue, NE 7040602 2912VinyardAvenue, NE 7040603 2922 Vinyard Avenue, NE 7040604 2932 Vinyard Avenue, NE 7040605 2942 VinYard Avenue, NE 7040606 Vinyard Avenue, NE 7040701 Vinyard Avenue, NE Owner's Name and Mailing Address Joseph L. and ElvaM. McAlister 2902 Vinyard Avenue, Roanoke, VA24012 NE Kenneth and Katherine Keesee 2912 Vinyard Avenue, NE Roanoke, VA 24012 Jimmy D. and Flora M. Smith 2922 Vinyard Avenue, NE Roanoke, VA24012 R. Mark and Deanna P. Munsey 2932 Vinyard Avenue, NE Roanoke, VA 24012 Willard D. and Jeannette M. Hamill Revocable Trust 3121 King Street, NE Roanoke, VA 24012 Jean Meatus Comer, et al 224 Berkley Road, NE Roanoke, VA 24012 Walter Damell Vinyard P O Box 295 Vinton, VA 24179 ADJOINING PROPERTY OWNERS Tax No. Property Address Owner's Name and Mailing Address 7040607 Idlewild Boulevard, NE Roger D. Cannaday 2610 Forest Oak Drive Roanoke, VA 24102 7040608 2923 Idlewild Boulevard, NE Thomas William Jones 2923 Idlewild Boulevard, NE Roanoke, VA 24012 7040601 Idlewild Boulevard, NE Willard and Jeannette Hamill 7040611 Revocable Trust 3121 King Street, NE Roanoke, VA 24012 7040612 224 Berkley Road, NE Jean Meams Comer, et als 224 Berkley Road, NE Roanoke, VA 24012 7040613 Idlewild Boulevard, NE Jimmy D. and Flora M. Smith 2922 Vinyard Avenue, NE Roanoke, VA 24012 7050101 207 Berkley Road, NE David L. and Diane W. Hopkins 207 Berkley Road, NE Roanoke, VA 24012 7050111 Berkley Road, NE Walter Damall Vinyard P O Box 295 Vinton, VA 24179 3410904 2829 Idlewild Boulevard, NE Warren G. and Louise B. Light 2829 Idlewild Boulevard, NE Roanoke, VA 24012 3410911 2820 Vinyard Avenue, NE Howard K. Walters 2820 Vinyard Avenue, NE Roanoke, VA 24012 3411008 Vinyard Avenue, NE Russell L. Short 101 Irene Circle Vinton, VA 24179 Norfolk Southern Railway Line Norfolk Southern Corporation 110 Franklin Road, SW Roanoke, VA 24011 Also Notified: Bobby Dillon, President, Wildwood Civic League Roy Stroop, Neighborhood Development Team Member, Wildwood Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 19th day of September, 200i. Notary Public My Commission expires: MARY F. PARKER, CMC City Clerk CITY OF RO3 OFFICE OF CIT~, 215 Church Avenue~ S.W., 45 Roanoke, Virgin/a 2401 Telephone: {540) Fax: (540) 853-1 ! E-mail: ¢}erk~¢i.roan, STEPHAn'. Deputy MOON ~k September 7, 20i File #51 Evelyn S. Lander, Agent City Planning Commission Roanoke, Virginia Dear Ms. Lander: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition received in the City Clerk's Office on September 7, 2001, from D. Kent Chrisman, Chair, City Planning Commission, requesting that propertie~: located on Vinyard Avenue in the northeast quadrant of the City, identified as Official T~' Nos. 7040601 7040606, inclusive, and 7040701, be rezoned from LM, Ligl~t Manufacturing District, to RS-3, Residential Single Family District. Sincerely, Stephanie M. Moon Deputy City Clerk :sm Enclosures N:~sml~Rezoning. Ol\City Planning Commiss~n. Rezoning.w~d Evelyn S. Lander September 7, 2001 Page 2 pc~ The Honorable Mayor and Members of the Roanoke City Council D. Kent Chrisman, Chairman, City Planning Commission, 2319 Avenham Avenue, S. W., Roanoke, Virginia 24014 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:~.s~nl~Rezoclirlg,Ol\City Planning Commission. Rezoning.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA In Re: Rezoning of properties in the northeast quadrant of the City, identified as Official Tax Nos. 7040601, 7040602, 7040603, 7040604, 7040605, 70406060~. d 704~701,'~'i ~ located on Vinyard Avenue, N.E., from LM, Light Manufacturing District to RS-3, Residential Single Family District. To: The Honorable Mayor and Members of Council of the City of Roanoke The petitioner, the Roanoke City Planning Commission, pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, requests that the properties set out below be rezoned from LM, Light Manufacturing District, to RS-3, Residential Single Family District. The purpose of this rezoning is to extend the existing RS-3 zoning line in the neighborhood to the Norfolk and Western Railroad line. A map outlining the area proposed to be rezoned is attached to this petition as Exhibit A. Properties to be rezoned are more specifically identified below: Official Tax Official Tax Official Tax Official Tax Official Tax Official Tax Official Tax No. 7040601 No. 7040602 No. 7040603 No. 7040604 No. 7040605 No. 7040606 No. 7040701 2902 Vinyard Avenue, N.E. 2912 Vinyard Avenue, N.E. 2922 Vinyard Avenue, N.E. 2932 Vinyard Avenue, N.E. 2942 Vinyard Avenue, N.E. acreage on Vinyard Avenue, N.E. 8.33 acres, more or less, on Vinyard Avenue, N.E. The Petitioner believes that the rezoning of the above parcels of land will further the intent and purposes of the City's zoning ordinance and its comprehensive plan by rezoning lots currently zoned for light manufacturing and used for residential purposes to the appropriate residential zoning district. Owners of all properties, with the exception of Official Tax No. 7040701, have provided the Planning Commission with a written statement of their support of the proposed rezoning (Exhibit B). Wherefore, the Petitioner requests that the above-described properties be rezoned from LM, Light Manufacturing District to RS-3, Residential Single Family District. Attached as Exhibit C is a list of current owners of the above-mentioned properties. Attached as Exhibit D is a list of current adjoining property owners of the above- mentioned properties. Respectfully submitted this day of ./~. , 2001. Respectfully submitted, D. Kent Chrisman, Chairman Roanoke City Planning Commission EXHIBIT A EXHIBIT B February 19, 2001 Mr. Melvin Hill Chairman of the Planning Commission Municipal Building 215 Church Avenue Room 166 Roanoke, VA 24011 Dear Mr. Hill: We are writing your office to request your assistance in rezoning the 2900 block of Vinyard Avenue, Idlewild Subdivision, Roanoke City, VA, 24012. There are 6 families currently living within the Light Manufacturing (LM) zone of this block. Three of these families are either related to original owners or have been residents themselves for the last 40+ years. It was recently brought to our attention that our block had been rezoned to Light Manufacturing (LM) back in the early 1970's without any written or verbal notification to the residence. The homes currently standing were grandfathered into the zone because they were ~re-standing. When our families recently gained knowledge of this current zoning and the restrictions that this places on our homes, we began to pursue having this block rezoned back to the original Residential Single Family (RS-3). However, after checking with many local lawyers, we realized that together our families would not be able to finance the $1500-2000 begin requested to submit the rezoning documents on our behalf. · Because of the extraordinary legal expenses beyond our current abilities and after checking with Mr. David Diaz in your offices, we have agreed together to write this letter requesting your offices to submit a rezoning request on our behalf to City Council to rezone our street back to RS-3. We all agree on this need as stated by our signatures found below. We feel that this is vitally needed in order for our families to be able to sell, make additions to, or even refinance our homes. Things that we are unable to do under the current zoning of our ,.land. We look forward to hearing from you at your earliest convenience. Please feel free to contact us for any additional information or anyway that we may be of assistance to expidite this procedure. Sincerely, Mr. & Mrs. R. Mark Munsey ~ ~ /-/ /2 /_,, O ~ 2932 Vinyard Avenue, Roanoke, VA 24012 munsey@rbnet.com 540-985-0595 signature /' pdnted name Mr. & Mrs. Willard Hamil I /7 ~ 5/ o 4, b-5' original family and current owner of 2942 Vinyard Avenue, Roanoke, VA, 24012 3121 King Street, Roanoke, VA 24012 signature pdnted name 540-343-9701 Mr. & Mrs. James Smith 2922 Vinyard Avenue, Roanoke, VA, 24012 §j~ature / -- pdnted name / 540-345-6286 Mr. & Mrs. Kenneth Kessee ?0 ¢o & d .~ 2912 Vinyard Avenue, Roanoke, VA 24012 540-345-0217 signature Mr. Danny McCallister "] DC/~ ~, O/ 2902 Vinyard Avenue, Roanoke, VA 2401~ 540-343-3173 signature J pdnted name Ms. Jean Commer '~o ~ e 4 o & 224 Berkley Road, Roanoke, VA 24012 540-342-7593 pdnted name Tax No. 7040601 7040602 7040603 7040604 7040605 7040606 7040701 EXHIBIT C PROPERTY OWNER LISTING Property Address Owner's Name and Mailing Address 2902 Vinyard Avenue, NE Joseph L. and Elva M. McAlister 2902 Vinyard Avenue, NE Roanoke, VA 24012 2912 Vinyard Avenue, NE Kenneth and Katherine Keesee 2912 Vinyard Avenue, NE Roanoke, VA 24012 2922 Vinyard Avenue, NE JimmyD. and Flora M. Smith 2922 Vinyard Avenue, NE Roanoke, VA24012 2932 Vinyard Avenue, NE R. Markand Deanna P. Munsey 2932 VinyardAvenue, NE Roanoke, VA24012 2942 Vinyard Avenue, NE Willard D. and Jeannette M. Hamill Revocable Trust 3121 King Street, NE Roanoke, VA 24012 Vinyard Avenue, NE Jean Meatus Comer, et al 224 Berkley Road, NE Roanoke, VA 24012 Vinyard Avenue, NE Walter Damell Vinyard P O Box 295 Vinton, VA 24179 EXHIBIT D ADJOINING PROPERTY OWNERS Tax No. Property Address Owner's Name and Mailing Address 7040607 Idlewild Boulevard, NE Roger D. Cannaday 2610 Forest Oak Drive Roanoke, VA 24102 7040608 2923 Idlewild Boulevard, NE Thomas William Jones 2923 Idlewild Boulevard, NE Roanoke, VA 24012 7040601 Idlewild Boulevard, NE Willard and Jeannette Hamill 7040611 Revocable Trust 3121 King Street, NE Roanoke, VA 24012 7040612 224 Berkley Road, NE Jean Meams Comer, et als 224 Berkley Road, NE Roanoke, VA 24012 7040613 Idlewild Boulevard, NE Jimmy D. and Flora M. Smith 2922 Vinyard Avenue, NE Roanoke, VA 24012 7050101 207 Berkley Road, NE David L. and Diane W. Hopkins 207 Berkley Road, NE Roanoke, VA 24012 7050111 B erkley Road, NE Walter D amall Vinyard P O Box 295 Vinton, VA 24179 3410904 2829 Idlewild Boulevard, NE Warren G. and Louise B. Light 2829 Idlewild Boulevard, NE Roanoke, VA 24012 3410911 2820 Vinyard Avenue, NE Howard K. Walters 2820 Vinyard Avenue, NE Roanoke, VA 24012 3411008 Vinyard Avenue, NE Russell L. Short 101 Irene Circle Vinton, VA 24179 Norfolk Southern Railway Line Norfolk Southern Corporation 110 Franklin Road, SW Roanoke, VA 24011 CITY OF ROANOKE Office of the City Clerk Mary F, Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartrnan Assistant City Clerk November 20, 2001 File #24-51 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35672-111901 amending and reordianing §36.1-397, Permitted uses, Subdivision H, INPUD, Institutional Planned Unit Development District, Division 5, Special District Regulations, Article III, District Regulations, Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, by the addition of a new subsection (11) to allow manufacturing establishments as a permitted use in the INPUD, Institutional Planned Unit Development District. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment pc: The Honorable Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia H:~genda.01~lovember 19, 2001 corresp.wpd Darlene L. Burcham November 20, 2001 Page 2 pc: The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable District Court The Honorable District Court Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia Julian H. Raney, Jr., Chief Judge, General District Court George W. Harris, Jr., Judge, General District Court Vincent A. Lilley, Judge, General District Court William D. Broadhurst, Judge, General District Court Jacqueline F. Ward Talevi, Judge, General District Court John B. Ferguson, Chief Judge, Juvenile and Domestic Relations Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations The Honorable.Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court The Honorable Donald S. Caldwell, Commonwealth's Attorney D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue, S. W., Roanoke, Virginia 24014 Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Michael R. Meise, Law Librarian James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney A. L. Gaskins, Chief of Police Martha P. Franklin, Secretary, City Planning Commission H:~a, genda.01~qovember 19, 2001 corresp.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2001. blo. 35672-111901. AN ORDINANCE amending and reordaining §36.1-397, Permitted uses, Subdivision H, INPUD, Institutional Planned Unit Development District, Division 5, Special District Regulations, Article III, District Regulations, Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, by the addition of a new subsection (11) to allow manufacturing establishments as a permitted use in the INPUD, Institutional Planned Unit Development District; and dispensing with the second reading of the title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 36.1-397, Permitted uses., Subdivision H, INPUD, Institutional Planned Unit Development District, Division 5, Special District Regulations, Article III, District Regulations, Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 36.1-397. Permitted Uses. The following uses shall be permitted in the INPUD district: (11) Manufacturing establishments primarily engaged in the manufacture, assembly, mixing, processing or other processes related to the creation of products, where all such manufacturing, assembly, processing or other processes related to the creation of new products are wholly enclosed in a building. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. l:\o-aminpudmanu fact uring 101201 A. 6 Roanoke City Department of Planning Building and Development Room 166, Municipal Building 215 Church Avenue, S.W. RECEIVED Roanoke. Virginia 24011 (.'.ITY DLERKS OFFICE (5~0) 853-1730 (Fax) 853-1230 Email: planning@ci.roanoke.va.us '01 00T .31 At1:45 November 19, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: An ordinance amending and reordaining of Chapter 36.1-397, Permitted uses, Subdivision H, INPUD, Institutional Planned Unit Development District, Division 5: Special District Regulations, Article III, District Regulations, Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, by the addition of a new subsection (11 ) to allow manufacturing establishments primarily engaged in the manufacture, assembly, mixing, processing or other processes related to the creation of new products, where all such manufacturing, assembly, processing or other processes related to the creation of new products are wholly enclosed in a building. Planning Commission Action: On October 18, 2001, the Planning Commission held a public hearing on the proposed ordinance. By a vote of 6-0 (Messrs. Butler, Campbell, Chrisman, Dowe, Manetta and Rife voting for the amendment and Mr. Hill absent), the Planning Commission recommended approval of the proposed amendment. Background The purpose of the proposed amendment is to allow for manufacturing establishments as a permitted use in the Institutional Planned Unit Development District (INPUD). On May 21, 2001, by Ordinance No. 35369-052101, City Council amended the zoning ordinance to provide for a new planned unit development district: the INPUD. Planned Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals unit development districts are used to encourage flexibility and quality design by allowing for mixed uses and requiring detailed development plans. The INPUD was developed to encourage expansion or development of medical facilities, schools, hospitals and other institutional uses. Medical facilities are increasingly involved in the manufacturing of biomedical products such as computer microchips that can store voluminous amounts of medical data. However, the INPUD district does not allow for manufacturing establishments as a permitted use. On September 20, 2001, the Planning Commission authorized the filing of such an amendment. At the Planning Commission hearing on October 18, 2001, Mr. David Diaz presented the staff report and recommended approval of the requested amendment. Mr. Bill Merkt, representing the Carilion Biomedical Institute, said that he supported the amendment. Considerations Allowing manufacturing establishments in the INPUD would provide greater flexibility in the zoning ordinance. Applicants considering using the INPUD would have more choices when developing their plans by virtue of having available another permitted land use. Additionally, the amendment would facilitate development for medical institutions involved in the manufacturing of biomedical products. The development standards in the INPUD provide a petitioner with greater flexibility with respect to uses, yards, height, and minimum area requirements. In return for relaxing such requirements, the petitioner must dedicate a minimum of ten (10) percent of the gross area to open space, a minimum of twenty (20) percent of gross area to open space when residential uses exist or are proposed and submit an approved institutional development plan with the rezoning. The institutional development plan requires the following information: location and use of existing and proposed buildings boundaries of development parking proposed changes in streets, alleys, or easements proposed pedestrian routes open space infrastructure compatibility with character and appearance of surrounding neighborhood in terms of height, bulk, and location on lot The Vision 2001 Comprehensive Plan recommends that: 2 the zoning regulations should be revised to encourage increased use of planned unit developments. the zoning ordinance should be revised to permit mixed use development. Recommendation Planning Commission recommended that City Council approve the amendment to Section 36.1-397 of the Code of the City of Roanoke (1979) to allow for manufacturing establishments as a permitted use in the INPUD. The proposed amendment is consistent with the Vision 2001 Comprehensive Plan and would provide greater flexibility for applicants considering using the INPUD and address technological changes in the medical field. Respectfully submitted, D. Kent Chrisman, Chairman Roanoke City Planning Commission attachment cc: Darlene L. Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney 3 The Roanoke Times Roanoke, Virginia Affidavit of Publication ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 '01 NOV16 P4:26 REFERENCE: 80023382 01788933 Permitted uses, etc. State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. ~_. _~__ Sworn and subscribed be~re me this day of Novem~r/2001_./~tr~e~s my hand an~--~f~i~l seal~_~._~_-~z~. , Notary Public My commission expires ~-~j- ~ PUBLISHED ON: 11/02 11/09 TOTAL COST: 259.16 FILED ON: 11/15/01 TO WHOM IT MAY CONCERN: The Coundl of the City of Roanoke wtll hold a public he~n~ on Monde, Nevember ~.9, 20~., et ?:00 ~.m., or rne~ be heerd, ~o emendment of SPECIAL DI~I~9' RE~ULA. ?ION~, A~i~le III, DISTRI~I' REGULA?ION$, of Chepter the ~ of Roanoke (~79), amenck~, by addln~ 8 new · ul0eec~ (~.) to allow rnanu* ~ u~ In the INPUD, I1~ Pt~NNED UNIT and Ix~ ~ I~ t~e ~ourl~l on Goples of the pro~m~KI amend~ ¢. Ta~or Mun~lpal ~BuIIclln~, 2:~q iGhu~h Aw~ue~ $., W., que~ about the proposed Building and Development (540) ~53-~?03. If yo~ are a person w~ a dls- (~55-254~.), before ~5, 200~.. IVlmy F. Park®r, (1788933) Authorized ~ Signature: Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a public heating on Monday, November 19, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider amendment of §36.1-397, Permitted Uses, Division 5, Special District Regulations, Article III, District Regulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, by adding a new subsection (11) to allow manufacturing establishments as a permitted use in the INPUD, Institutional Planned Unit Development District. Citizens of the City shall be given an opportunity to appear and be heard by the Council on the subject of the proposed amendment. Copies of the proposed amendment to be considered by City Council are available for review in the Office of the City Clerk, Room 456, located in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Any questions about the proposed amendment should be directed to the Department of Planning, Building and Development (540) 853-1703. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, November 15, 2001. GIVEN under my hand this day of ,2001. Mary F. Parker, City Clerk. Note to Publisher: Please publish twice in The Roanoke Times on Friday, November 2, 2001, and November 9, 2001. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk Room 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:LtxM/S CXn-amzoninginpud. 1 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk November 20, 2001 File #32-166-427-538 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35673-111901 authorizing the City Manager to execute the necessary documents providing for conveyance for a nominal consideration to Western Virginia Foundation for the ,Arts and Sciences that property owned by the City, bearing Official Tax No. 4010205, containing 0.858 acre, located between Norfolk Avenue and Salem Avenue west of Market Street, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment pc: James C. Seam, President, Western Virginia Foundation for the Arts and Sciences, 1 Market Square, S. E., Roanoke, Virginia 24011 James D. Grisso, Director of Finance Willard N. Claytor, Director of Real Estate Valuation Phillip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator H:'~Agcnda. Ol'uNovember 19, 2001 corresp.wpd RECEIVED CITY CLERKS OffiE~f the City Manager November 19, 200101 N[1V 13 P4:50 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Surplus City-owned Property Art Museum-IMAX Theatre An Agreement between the City and the Art Museum of Western Virginia for the design, development and construction of a new building or complex to house the art museum and IMAX Theatre was entered into on October 4, 2000. The City desires to convey property containing 0.858 acres identified by Tax Number 4010205 to the Western Virginia Foundation for the Arts and Sciences for construction of the Project. See Attachment 1. The actual conveyance would not be made until such time as the Foundation certifies to the City that the Art Museum has a binding contract with a contractor to commence construction of the project, and that the property is needed for such purpose. Recommended Action(s): Following a public hearing, authorize the City Manager to execute the appropriate documents to donate the property to the Western Virginia Foundation for the Arts and Sciences, such documents to be approved as to form by the City Attorney. Grantee will be responsible for all title work, surveying, plat preparation, and preparation of legal documents. City Manager DLB/SEF c: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator #CM01-00250 Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us Attachment 1 NOTICE OF PUBLIC H~ARING The City of Roanoke proposes to convey for nominal consideration to Western Virginia Foundation for the Arts and Sciences certain City-own~i prop~xy identified by Official Tax Map No. 401020:~, contaiain$ 0.858 acr~, located between Norfolk and Salem Avenues, and west of Matter Sneer, in the City of Roanoke. " Pummnt to the requirements of §§11f.2-1800(B) md 1813, Code of Virginia (19~0), as amended, notice is hereby given that the .City Council oftbe City of Roanoke will hold public heatins on the above maiIe~ a~ its regular tneefin$ to be held on Monday, November 19, 200l, conv~enciu$ aS 7:00 p.u~, in the Council Chambers,.4th Floor, Noel C. Taylor Municipal Building, 215 Chu~:h Avenua, $.W., Roanok~ Vir~d~ Further information is available flx~ th~ Office o! gexnamfic Ik, velopment fo~ th~ City of Roanok~ 271~, Ciiim~ ~ ~ t~ om~m~ ~o ~ h~t ~d ~xpm~ ~ opi~io~ On such Igyom ~ · penoak ~ a ~ wis) ~ ,~nmod~tons for this.~ubli~ tbs city Cb~s ~ (ss~.2~4t) t)ta~B t2:00 noom om ~~ H'ovmnl)~ l~r. 20OL. OrVl~~m,/Im~tM~31~,t. da'/o~: October , 2ooL. Please publish in The Roanoke Times once on Friday, November 9, 2001. Send bill and affidavit to: Mary F. Parker, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication RECEIVED The Roan~Y~S OFFICE .................................................. + ........................... ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 '0t NDV16 "!6 P4., REFERENCE: 80023382 01793439 4010205 State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. ~_ _~__ Sworn and subscribed before me this day of ~c~/~~t~ss my~ hand an~-o~f~al seal~_~__~_~.~_~. , Notary Public My commission expires PUBLISHED ON: 11/09 TOTAL COST: 114.95 FILED ON: 11/15/01 to convey for nominal m~mlder- ~lon to We~ern V~r~nla Foun- encee certain City-owned Tax Ivlap No. 40'm0205, ,eon- Avenues, end. west of Market St~ont, in the City of Roanoke. PurmJeflt ~o ~he requb'eme~ of JJ~S.2-:LSO0(8) end ~8~, ~ .of VIr~lnle (1950), os · amended, floUon l$ hereby the City of Roanoke will hold a public hearing on the above mat~er at itm regular meeting to be held on Monday, November p.m;, in the Council Chamber, 4th Floor; Noe~ C. Tayk)r munlc.. ipal Building, 2/5 Church Ave- flue, $.W., Roanoke, Virginia. Further In--Ion is available f~bm the Ofl~e of. E~onomic Roanoke at (540) 853-2.715. nlty to be heard and express their opinions ~ suc~ matter. If you are a person with a dis- ability who needs accommoda~ contact the City Clerk's Off~ce, (853-2541) before/2:00 noon on lhufsday, November 15, 2001. GIVEN under my hand this 3/st day of October, 2001. Mmy F. Parker, C~ C4e,'k (1793439) Authorized ~ ~, /~¥'"~ ~ Signature: __/_~:~__~__~_~Y ~ Billing Services Representative RECEIVED CITY CLERKS OFFICE Office of the City Manager November 5, 2001 '01 or. fl 24 p3:50 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Surplus City-owned Property Art Museum-IMAX Theatre Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing on the proposed conveyance or vacation of property rights. This is to request that a public hearing be advertised on the above matter for Council's regular meeting to be held on Monday, November 19, 2001. A full report will be included in the November 19, 2001, agenda material for your consideration. Respectfully submitted, City Manager DLB/SEF C: /'Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us 11/08/2o01 Acct:8532541 Roan Ph: 5408532541 A'CF: MARY PARKER, CL 215 CHURCH AVE SW RM ROANOKE Paytype BL Source FX Start 11/9/01 The Roanoke Times Name: ROANOKE CITY CLERK'S Class Rate: Disp Rate: Cred!! Status: LM VA 24011 Rate LE Legals Class 10 Legals Days 1 Rate is,, 0.00 0.00 0.00 0.00 O.OO Free Day 0 Copy Line 4010205 Sort String On Hoid Check Phone Product Co J~ Ad Killed Comments Words ...... ~ Lines ....... 55 Depth ..... 55.00 Columns.. 1 Graphic .... 0 St Words. 4 Boxed Ad Tear Reason EdJtions Mad( Pa~ker Reply Request A Rep:37 r-~ TFN I Stop 11/9/01 Price Discount Commis Net St Tax Fed Tax Total Payment App Cr. Balance 114.95 0.00 0.00 114.9~ 0.0( 0.0( 114.95 0.00 0.00 0.00 Sheets PO # for Discount ~ff~ f~ 1hi A~ ~ Sci- of I~JS~-~B) and ~, CAy of ~ ~k. vJll hoU a ~h~r, ~lM C. T~f ~ hb~on fm~ ~ ~ee of ~p~t Mr ~ C~ of llb qkbm ~h m~ef. ~m bi ~b p~ib m~l t~ ~ c~6b O~ Q~ u~er ~ ~dthb3~ d~ M ~ (abm, ~ Adld: 1793439 10:05 AM Z I I 00 Z 0 m m m NOU-OB-2~O1 10:42 ROANOKE TIMES CLASSIFIED 15409B1336S P.04×04 1793439 -- Thu, Nov 8, 2881 i071~ OF P~BUC The *'i~ ~ R~ pr~ ences certain Cl~-ow~ed ~ fdenufl~ by ~ T~ M~ NO. ~20205. coa. taifl~ff 0.8~ 8~, Io~od ~ ~dolk ond ~alem Aw~, 8fid ~9t Of ~ JJ~5.2-~) ~ ~, ]meflgod. notl~ ~ ~uMle he~ ~ ~ n~ I~ ~l~nt 2~ Chu~h ~l, 5.W.. R~nO~ V~wma. Fu~Ir I~1~ ~ M~i~  en~ ~r ~ C~ of ~ (~0) ~-27~6. ~ ~o n~ ~m~. ~.2~) ~ ~:~ n~ 2~. ~ ~ my ~ ~ 3~ (17~9) 18:65 AM TOTAL P.04 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke, Virginia 24011-1536 lelephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us November 28, 2001 File #50-137 STEPHANIE M. MOON Deputy City Clerk The Honorable John S. Edwards Member Senate of Virginia P. O. Box 1179 Roanoke, Virginia 24006 The Honorable A. Victor Thomas Member House of Delegates 1301 Orange Avenue, N. E. Roanoke, Virginia 24012 The Honorable Clifton A. Woodrum, III Member House of Delegates P. O. Box 990 Roanoke, Virginia 24005 Gentlemen: I am enclosing copy of Resolution No. 35674-111901 requesting the 2002 Session of the General Assembly of Virginia to amend various sections of the existing Roanoke Charter of 1952 in order to modernize it, remove certain provisions and language therefrom and to provide in general for more efficient and effective legislative processes and municipal operations in the City of Roanoke. I am also enclosing copy of the requested amendments to the City Charter, the publisher's affidavit that the public hearing was advertised, and an extract of the minutes of the November 19, 2001, public hearing showing the action taken by Council. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 19, 2001. It is requested that you introduce a bill in the 2002 Session of the General Assembly to amend the Roanoke Charter of 1952. With kindest regards, I am MFP:jms Sincerely, Mary F. Parker, CMC City Clerk The Honorable John S. Edwards The Honorable A. Victor Thomas The Honorable Clifton A. Woodrum, III November 28, 2001 Page 2 Enclosure pc; Darlene L. Burcham, City Manager William M. Hackworth, City Attorney James D. Grisso, Director of Finance Thomas A. Dick, Legislative Liaison IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2001. No. 35674-111901. A RESOLUTION requesting the 2002 Session of the General Assembly to amend various sections of the existing Roanoke Charter of 1952 in order to modernize it, remove certain provisions and language therefrom and to provide in general for more efficient and effective legislative processes and municipal operations in the City. WHEREAS, pursuant to the provisions of {}15.2-202, Code of Virginia (1950), as amended, at least ten days' notice and an informative summary of the amendments desired has been published in a newspaper of general circulation in the City, of the time and place of a public hearing for citizens to be heard to determine if they desire that City Council request the 2002 Session of the General Assembly to amend the existing Roanoke Charter of 1952; and WHEREAS, the required public hearing was conducted on November 19, 2001; and WHEREAS, after considering the matter and the comments made during the public hearing, Council desires to request the General Assembly to amend its existing Roanoke Charter of 1952. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council hereby requests that the 2002 Session of the General Assembly amend various sections of the Roanoke Charter of 1952. H:\CIm~'~-mqam~d.2 2. The City Clerk is directed to send two attested copies of this resolution, a copy of the requested amendments to the Roanoke Charter of 1952, a publisher's affidavit.showing that the public hearing on this request was advertised, and a certified copy of Council's minutes showing the action'taken at the advertised public hearing to the Honorable John S. Edwards, Member, Senate of Virginia, the Honorable A. Victor Thomas, Member, House of Delegates, and the Honorable Clifton A. Wo~dmm, III, Member, House of Delegates, with the request that they introduce a bill in the 2002 Session of the General Assembly to amend the Roanoke Charter o£ 1952. ATTEST: City Clerk. A-8 - CITY OF ROANOKE l '~~l CITY COUNCIL R~CEIV£o ~,,~:~~'~ 215C hu rca Avenue, S.W.,R oom 456 . ~ Ro~oke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 November 19, 2001 RALPH K. SMITH Mayor ~t 15 ~/2:~uncil Members: William D. Bestpitch William H. Carder C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Linda F. Wyatt The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Amendments to Roanoke Charter of 1952 Dear Mayor Smith and Members of Council: Attached for your consideration is a resolution requesting the 2002 Session of the General Assembly to amend various sections of the present Roanoke Charter of 1952, in order to modernize it, remove from it certain archaic and outdated provisions and language, and in general to provide for more efficient and effective legislative processes in municipal operations in the City. Also attached is a copy of the Charter showing the proposed amendments to it. As required by § 15.2-202, Code of Virginia (1950), as amended, at least ten days notice and an informative summary of the amendments desired has been published in a newspaper of general circulation in the City advising of the time and place of the public hearing which is on your agenda for your evening meeting on November 19, 2001. The City's Legislative Committee has reviewed the proposed amendments to the City Charter and it concurred in scheduling this public hearing in order to obtain the views of the citizens of the City as to the proposed amendments. The City's Legislative Committee recommends that Council adopt the attached resolution requesting the proposed amendments to the City Charter. If Council concurs, and adopts the attached resolution, the State Code requires that the City forward the resolution and certain other documents to the City's legislative delegation, with the request that a bill be introduced in the 2002 Session of the General Assembly to amend the Charter as proposed. H:~LEGIS\l-hmchat2002.1 The Honorable Mayor and Members November 19, 2001 Page 2 On behalf of the Legislative Committee, I would like to thank the various citizens and officers and employees of the City who have proposed changes to the Charter which are reflected in the proposal which you have before you. The proposed amendments have been drafted by our City Attorney, Mr. Hackworth, and I am sure that he would be pleased to respond to any questions the members of Council may have with regard to these amendments. WWSr/f Attachments Respectfully submitted, William White, Sr., Chair Legislative Committee CC' Darlene L. Burcham, City Manager James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Thomas A. Dick, Legislative Liaison H:',LEGIS~l-hmchar2002.1 REVISED ROANOKE CHARTER OF 1952 § 1.1. The city and its boundaries. The inhabitants of the territory comprised within the present limits of the city of Roanoke, as hereinafter described, or as the same may be hereafter altered and as provided by law, shall continue to be a body politic and corporate, to be known and designated as the city of Roanoke, and as such shall have and may exercise all powers which are now, or hereafter may be, conferred upon, or delegated to, cities under the Constitution and laws of the Commonwealth of Virginia, as fully and completely as though aa~d such powers were specifically enumerated herein, and no enumeration of particular powers by this charter shall be held to be exclusive; and the aa~d city of Roanoke as such shall have perpetual succession, may sue and be sued, contract and be contracted with, and may have a corporate seal which it may alter, renew, or amend at its pleasure. The present boundaries of the said city shall be as described in Chapter 216, Acts of Assembly, nineteen hundred fifty-two, as enlarged by orders of the Circuit Court of Roanoke County, Virginia, as follows: (a) Order of Annexation entered September fourteen, nineteen hundred sixty-four, recorded in Deed Book 984, Page 539, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and in Deed Book 1166, Page 161, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia (formerly Hustings Court); and (b) Order of Annexation entered September thirty, nineteen hundred sixty-six, recorded in Deed Book 984, Page 549, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and in Deed Book 1207, Page 618, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, (formerly Hustings Court); and H:\Charter\chart~"1952.1 (c) Order of Annexation entered May sixteen, nineteen hundred sixty-seven, recorded in Deed Book 827, Page 492, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and in Deed Book 1220, Page 291, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia (formerly Hustings Court); and (d) Order of Annexation entered May ten, nineteen hundred seventy-five, recorded in Deed Book 1017, Page 516, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, and in Deed Book 1361, Page 548, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia. {}2. Powers of the city. In addition to the powers mentioned in the preceding section, the aaid city shall have power: 0-') (a) To raise annually by taxes and assessments in the city such sums of money as the council hereinafter provided for shall deem necessary for the purposes of the city and in such manner as the council shall deem expedient, in accordance with the Constitution and laws of this Commonwealth and of the United States; provided, however, that it shall impose no tax on the bonds of aaPri the city. ~-) (b) To impose special or local assessments for local improvements and enforce payment thereof, subject, however, to such limitations prescribed by the Constitution of Virginia as may be in force at the time of the imposition of such special or local assessments. Q3-) (c) Subject to the provisions of the Constitution of Virginia and of § 47 of this charter, to contract debts, borrow money and make and issue evidence of indebtedness. (-4-) (d) To expend the money of the city for all lawful purposes. H:\Charter\charter 1952.1 2 (--5-) (e) To acquire by purchase, lease, lease purchase, girl, bequest, devise, condemnation or otherwise, property, real or personal, or any estate or interest therein, within or without the city or Commonwealth and for any of the purposes of the city; and to hold, improve, sell, lease, mortgage, pledge or otherwise dispose of the same or any other part thereof. (-6-) (fl To acquire, in any lawful manner, for the purpose of encouraging commerce~ and manufacture, and economic development, lands within and without the city not exceeding at any one time five thousand acres in the aggregate, and from time to time to sell or ~ lease~ or otherwise dispose of the same or any part thereof for industrial, or commercial or economic development uses and purposes. (-7-) Lg, l To make and maintain public improvements of all kinds, including municipal and other public buildings, armories, markets, comfort stations or rest rooms and all buildings and structures necessary or appropriate for the use of the departments of fire and police; and to establish a market or markets in and for said the city, and to appoint proper officers therefor; to prescribe the time and place for holding the same; to provide suitable buildings and grounds therefor and to make and enforce such rules and regulations as shall be necessary to restrain and prevent huckstering, forestalling and regrading, and for the purpose of regulating and controlling the sale of fresh meats, fresh fish, farm and domestic products in said the city the council shall have authority to continue the sale of such articles or products to the public markets and public squares provided by the city for that purpose, and shall have full power and authority to use such streets, avenues or alleys in the city around the public market and public squares as may be necessary to provide for vehicles fi'om which farm and domestic products are offered for sale, and may by resolution or ordinance designate the · -- ~.3,.~1~--~ streets or other public places on or in which all hcensed v ....... sellers may sell or offer for sale H:\Chall~-r~hat'ler 1952. I 3 o,,,.~'~ ,,.-" e.._.,_.,,~o, ,,,,~,,,o ....... ,,.,,,,~ .,,~o,,C"^-~' .o.,':' ~' and may impose a curbage tax for each vehicle containing farm and domestic products brought into said th__~e city and sold or offered for sale on the market, and to acquire by condemnation or otherwise all lands, riparian and other rights and easements necessary for such improvements, or any of them. (gal--) (h) To own, manage and operate a city auditorium, civic center, coliseum, convention hall, stadium, theater, exhibition hall, or combination thereof, or other place of public assembly, and to permit the use of the same by others upon such terms and for such charges as the council may prescribe; and in order to further the best interests of the public and lead to greater use of any such facilities, to do all things necessary and proper to encourage the use thereof by arranging or engaging shows, plays, exhibitions, performances and all other entertainments of whatsoever nature. Such encouragement may, without limitations as to other permissible activities, include the expenditure of city funds to promote such activities and to bring notice to the public of entertainments at such public facilities, engaging persons to bring entertainments thereto fi.om which the city may derive income, and the payment of funds to such persons in advance or out of proceeds derived therefi.om in connection therewith; and may include entering into agreements with such other persons guaranteeing minimum sums to be payable to such persons for future performances, provided that at no time shall the aggregate amount of all outstanding guarantees be more than such sum as may be fixed by the council. Notwithstanding any other provisions of this charter, the council may appropriate funds to a special or revolving account in order to engage, advertise and promote any such entertainment and to operate any of the foregoing facilities, and when such fund is created such person or persons as may be designated by ordinance of the council, after providing fidelity bond with corporate surety payable to the city in a penalty not less than the authorized amount of H:\Chart~chaner 1952.1 4 such special or revolving fund, may sign checks against said such fund and expend cash therefrom for any of the foregoing purposes. (8-) (i) To fumish all local public service, to purchase, hire, construct, own, lease, maintain and operate local public utilities, [and~ to acquire by condemnation or otherwise, within or without the corporate limits, lands and property necessary for any such purpose. (9-) ~ To acquire in any lawful manner in any county of the state, or without the state such water lands, and lands under water as the council c,f said city may deem necessary for the purpose of providing an adequate water supply for 3aid the city and of piping or conducting the same; to lay all necessary mains; to erect and maintain all necessary dams, pumping stations and other works in connection therewith; to process, filter, or purify such water supply and to add thereto mineral or other substances to make the water more potable or more healthful, or to promote the public welfare; to make reasonable rules and regulations for promoting the purity of its said water supply and for protecting the same from pollution; and for this purpose to exercise full police powers and sanitary patrol over all lands comprised within the limits of the watershed tributary to any such water supply wherever such lands may be located in this state; to impose and enforce adequate penalties for the violation of any such rules and regulations; and to prevent by injunction any pollution or threatened pollution of such water supply and any and all acts likely to impair the purity thereof; and to acquire lands or material for any such use. For any of the purposes aforesaid ~aid city may, if the council shall so determine, acquire by condemnation, purchase or otherwise, any estate or interest in such lands or any of them, or any fight or easement therein, or may acquire such lands or any of them in fee, reserving to the owner or owners thereof such fights or easements therein as may be prescribed in the ordinance providing for such condemnation or purchase. The ~aid city may sell or supply to H:\Charter~chatt~ 1952.1 5 persons, firms or industries residing or located outside of the city limits any surplus of water it may have over and above the amount required to supply its own inhabitants. (t-0-) ~ To establish and enforce water rates and rates and charges for public utilities, or other service products, or conveniences, operated, rendered or furnished by the city:; to c,-nploy ...... * ....... 1'' -"'1-- -:' .... :'- :-1--'-:'--' ......... '"' '1- .... ",3 .............. ":' be ....,3 fo a_._,.: .................. ~ ,3 ..... : ........... a .......:__ dy --~,..*:-..1 .... .- -- .1.: ...... t.:_1- ........ .'--,3 .~ 1._ .-1___ by ........ 1. .... * ............... H:\Chaner~ha~er 1952.1 6 H:\Chaner~charter 1952. I 7 O'Jr)/.!) To acquire in the manner provided by the general laws any existing water, gas or electric plant, works or system or any part thereof. (-1-2-) i...~_)To establish, open, widen, extend, grade, improve, construct, maintain, light, sprinkle and clean, public highways, streets, alleys, boulevards and parkways, and to alter, or close the same; to establish and maintain parks, playgrounds and other public grounds; to construct, maintain and operate bridges, viaducts, subways, runnels, sewers and drains, and to regulate the use of all such highways, parks, public grounds and works; to plant and maintain shade trees or other vegetation along the streets and upon such public grounds; to prevent the obstruction of such streets and highways, and abolish and prevent grade crossings over the same by railroads in the manner provided by law; regulate the operation and speed of all cars and vehicles using the same, as well as the operation and speed of all engines, cars and trains on railroads within the city; to provide by ordinance for the removal fi.om such streets, highways, alleys, boulevards, parkways and other public places of vehicles and other objects abandoned thereon or left or placed thereon in violation of law or of an ordinance of the city, and to take charge of, impound and thereafter dispose of by sale or otherwise, such vehicles or other objects, any .... H:\C"harterkchar~ 1952.1 8 '~u~y' ....... ~.-1 ....... ...1:1~--:.-i_~-: ..........."'-- ---.-1 : ..... ,l--L1- --1:"----- ' . , ......,, ......~ ...... ,,p ........ , ....... ,. ........ ~, ...... ,,,, ..... ,.~,au, to regulate the service to be rendered and rates to be charged by buses, motorcars, cabs and other vehicles for the carrying of passengers and by vehicles for the transfer of baggage; to require all telephone~ and telegraph telecommunication, cable, television, or similar wires and all wires and cables carrying electricity to be placed in conduits underground and prescribe rules and regulations for the construction and use of such conduits; and to do all other things whatsoever adapted to make aaid the streets and highways safe, convenient and attractive. (i-2-vt-) Lal To acquire, construct, own, maintain and operate, within and without the city, places for the parking or storage of vehicles by the public, which shall include, but shall not be limited to parking lots, garages, buildings and other land, structures, equipment and facilities, any of which may be provided in areas or space above or below public streets, sidewalks, or other public places, when in the opinion of the council they are necessary to relieve congestion in the use of streets and to reduce hazards incident to such use; provide for their management and control by a department of the city government or by a board, commission or agency specially established by ordinance for the purpose or to provide, by lease or franchise granted by the council, for their management and control by others than the city, authorize or permit others to use, operate or maintain such places or any portions thereof, pursuant to lease or agreement, upon such terms and conditions as the council may determine by ordinance; and charge or authorize the charging of compensation for the parking or storage of vehicles or other services at or in such places. H:\Chaner~chaner 1952.1 9 (-1--2-.-~ (o) To acquire, in any lawful manner, in fee simple or by easement, land and other property and to construct thereon and own, equip, maintain and operate, within and without the city, airports and all the appurtenances thereof and approach zones and clear zones reasonably necessary therefor, including all facilities deemed necessary for the landing, depamare, storage and servicing of aircraft; provide for their management and control by a department of the city government or by a board, commission or agency specially established by ordinance for the purpose; to charge or authorize the charging of compensation for the use of any such airport or any of its appurtenances; lease any appurtenance of any such airport or any concession incidental thereto or, in the discretion of the council, lease any such airport and its appurtenances with the right to all concessions thereon to, or enter into a contract or contracts for the management and operation of the same or any one or more of them with any person, firm or corporation on such terms and conditions as the council may determine by ordinance; and to have and exercise all other power and authority with respect to aviation and airports accorded to cities under general law. (t--2-:3-) (p) To acquire, construct, own, maintain and operate, within and without the city, stadia, arenas, golf courses, swimming pools and other athletic or recreational facilities; provide for their management and control by a department of the city government or by a board, commission or agency specially established by ordinance for the purpose, charge or authorize the charging of compensation for the use of or admission to any such facility, including charges for any services incidental thereto; to regulate the use of the same; to lease, subject to such regulations as may be established by ordinance, any such aforesaid facility or any concession incidental thereto, or enter into a contract with any person, firm or corporation for the management and operation of any such facility, including the right to all concessions incident to the subject of such contract, on such terms and conditions as the council may determine by ordinance. (-1-3-) Lq.l To construct and maintain, or aid in constructing and maintaining, public roads, sidewalks, boulevards, parkways, tunnels and bridges beyond the limits of the city, in order to facilitate public travel to and from said th._~e city and its suburbs and to and from said the city and any property owned by said the city and situated beyond the corporate limits thereof, and to acquire land necessary for such purpose by condemnation or otherwise. (ac4) ~ Subject to the provisions of the Constitution of Virginia to grant franchises for public utilities. (-1-5-) ~l To regulate, collect and dispose of sewage, offal, ashes, garbage, carcasses of dead animals and other waste and. refuse, and to acquire and operate reduction or other plants for the utilization or destruction of such materials, or any of them; or to contract for and regulate the collection and disposal thereof. To compel the abatement of smoke, dust and fly-ash; to regulate and control the installation, alteration and repair of all combustion equipment, and to control and prohibit pollution of the air. To compel the abatement and removal of all nuisances within the city, or upon property owned by the city, beyond its limits; to require all lands, lots and other premises within the city to be kept clean, sanitary and free from weeds; to regulate or prevent slaughterhouses or other noisome or offensive business within a~,~d the city; the keeping of animals, poultry and other fowl therein, or the exercise of any dangerous or unwholesome business, trade or employment therein; to regulate the transportation of all articles through the streets of the city; to compel the abatement of smoke and dust, and prevent unnecessary noise therein; to regulate the location of buildings or lots where animals or fowls are kept and the manner in which such shall be kept and constructed, and generally to define, prohibit, abate, suppress and prevent all things detrimental to the health, morals, comfort, safety, convenience and welfare of the inhabitants of the city. H:\Charter~:harter 1952. I 1 1 (-1--7-) ~ If any ground in the said city shall be subject to be covered by stagnant water or if the owner or occupant thereof shall permit any offensive or unwholesome substance to remain or accumulate thereon, thc said council may cause such ground to be filled up, raised or drained, or may cause such substance to be covered or removed therefrom, provided, that reasonable notice shall be first given to the said owner or occupant or his agent. In case of nonresident owners who have no agent in said the city, such notice may be given by publication; in which event two insertions of such notice on separate days, in any newspaper published in said the city, at least ten days before the first day any action is to be taken shall be sufficient notice. (38-) (v) To direct the location of all buildings for storing gunpowder or other explosive or combustible substances, to regulate or prohibit the sale and use of dynamite, gunpowder, firecrackers, kerosene oil, gasoline, nitroglycerine, camphene, burning fluid, and all explosive or combustible materials, the exhibition of fireworks, the discharge of firearms, the use of candles and lights in barns, stables and other buildings, the making of bonfires and the carrying of concealed weapons, and to regulate the movement over its streets of dangerous, explosive, or highly combustible materials. (-1-¢) (w) To regulate or prohibit the running at large in said the city of any or all animals and fowl; to regulate or prohibit the keeping or raising of same within said the city, and to subject the same to such levies, regulations and taxes as it may deem proper; to prohibit or regulate the keeping or raising of pigeons or other birds; and to provide for the seizure, impounding, destruction or disposition of any such animal or fowl found running at large or raised or kept in violation of such regulation. H:\Chmler~harter 1952.1 12 (~tt~) (x) To restrain and punish drunkards, vagrants, mendicants and street beggars, and to provide for the treatment of drunkards, alcoholics and drug addicts. (~--) (y) To prevent vice and immorality; to preserve public peace and good order, to prevent and quell riots, disturbances and disorderly assemblages; to suppress houses of ill fame, gambling houses and gambling devices of all kinds, to prevent lewd, indecent or disorderly conduct or exhibitions in the city. (L~2--) (z) To inspect, test, measure and weigh any commodity or article for consumption or use, manufactured, stored, processed or offered for sale within the city, and to establish, regulate, license and inspect weights, meters, measures and scales. (-2-3-) (aa) To extinguish and prevent fires and compel citizens to render assistance to the fire department in case of need, and to establish, regulate and control a fire department or division; to regulate the size, materials and construction of buildings, fences, and other structures hereafter erected in such manner as the public safety and convenience may require; and to remove, or require to be removed, any building, structure or addition thereto which by reason of dilapidation, defect of structure, or other causes, may have become dangerous to life or property, or which may be erected, contrary to law~; ......~-~:-~- --~ ~--: .... "----- -: ..... :-~ ~--~ ,:--: ..... :-~-: .... ,-:~- ~:~:, ...... (-24-) (bb) To provide for the care, support and maintenance of children and of sick, aged, insane, disabled or poor persons and paupers. H:\Chartcr~harter 1952. I 1 3 (cc) subject to the general laws establishing a standard of education for the state. (~-6-) (dd) To provide and maintain, either within or without the city, charitable, recreative, curative, corrective, detentive, or penal institutions. (, -/\ v,,,* ,,~,, -,,, -,,, ,,,-,,,,-, ,-,, v,,-~,,-, o -,, ,,,,v,-,,,~,,,- pcr$ona ..... +1 ......:-.- (~-8-) (ee) To provide for the preservation of the general health of the inhabitants of aaid the city, make regulations to secure the same, inspect all food and foodstuffs and prevent the introduction and sale in .;aid the city of any article or thing intended for human consumption, which is adulterated, impure or otherwise dangerous to health, and to condemn, seize and destroy or otherwise dispose of any such article or thing without liability to the owner thereof, to prevent the introduction or spread of contagious or infectious diseases; and prevent and suppress diseases generally; to provide and regulate hospitals within or without the city limits, and to enforce the removal of persons afflicted with contagious or infectious disease to hospitals provided for them, To establish, organize and administer public schools, colleges and libraries H:\Charm~charm'lg~2,1 14 (Lu:)-) (fl) To acquire by purchase, girl, devise, condemnation or otherwise, lands, either within or without the city, to be used, kept and improved as a place for the interment of the dead, and to make and enforce all necessary rules and regulations for the protection and use thereof; and generally to regulate the burial and disposition of the dead. (30-) (gg) To exercise full police powers, and establish and maintain a department or diviaic, n of police. (3-1-) (hh) To do all things whatsoever necessary or expedient for promoting or maintaining the general welfare, comfort, education, morals, peace, government, health, safe _ty, trade, commerce or industries of the city or its inhabitants. (3+ri--) (ii) To enact an ordinance, arler a public hearing, to define places of public accommodation and to prohibit discrimination in such places of public accommodation on the basis of race, creed, color, national origin or sex. (3-E-) (jj) To make and enforce all ordinances, rules and regulations necessary or expedient for the purpose of carrying into effect the powers conferred by this charter or by any general law, and to provide and impose suitable penalties for the violation of such ordinances, rules and regulations, or any of them, by fine not exceeding two thousand five hundred dollars or confinement not exceeding twelve months, or both, or such greater penalty as may otherwise be permitted by law, the city may maintain a suit to restrain by injunction the violation of any ordinance notwithstanding such ordinance may provide punishment for its violation. (kk) The enumeration of particular powers in this charter shall not be deemed or held to be exclusive, but in addition to the powers enumerated herein implied thereby, or appropriate to the exercise thereof, the aaid city shall have and may exercise all other powers which are now or may herearler be possessed or enjoyed by cities under the Constitution and general laws of this state. H:\Charler~harter 1952.1 1 5 {}2.1 Differences in rate of taxation {~on real estate within areas added to city limits~}; taxing districts. Pursuant to Article X, Section 1 of the Constitution of Virginia, the council may, from time to time, provide for differences in the rate of taxation to be imposed upon real estate by the city within all or parts of areas added to its territorial limits. Such differences in the rate of taxation shall bear a reasonable relationship to differences between nonrevenue producing governmental services giving land urban character which are furnished in one or several areas in contrast to the services furnished in other areas of the city. In so doing, the council may, from time to time, establish such taxing districts as may be necessary to reasonably differentiate between those areas added to the territorial limits of the city receiving contrasting services as hereinabove provided, and having once established such taxing districts the council may, from time to time thereafter alter, amend or abolish the same as the character or extent of such services are changed. {}2.2 Transit system. The city shall have the power to: 0-') (a) Acquire, own, operate, maintain or otherwise provide for a transit system and transit facilities; (-2-) (b) Enter into agreements or leases with private companies for the operation of a transit system or operate such system itself; (-3-) (c) Make application for and accept loans and grants of money or materials or property at any time from the United States of America and the Commonwealth of Virginia or any agency or instrumentality of either; and (4-) (d) Enter into contracts with cc, untk$, -:': .... " ....... ........ ,' ,,'"",,o -w ....... ~ .... city other localities to provide or cause to be provided transit facilities and services to such cc, unfics, localities. §3. Creation and [general{ powers of council. There is hereby created a council, which shall have full power and authority, except as herein otherwise provided, to exercise all of the powers conferred upon the city, and to pass all laws and ordinances relating to its municipal affairs, subject to the Constitution and general law of the State and of this charter. It shall by ordinance fix thc sr, k~cs establish a system of compensation for all officers and employees of the city, and may, so far as is not inconsistent with the provision of this charter, define the powers and prescribe the duties of all such officers and employees. §4. Composition of council; [terms of members; designation of vice-mayor;~]-vacancies. The council as presently composed shall continue and shall consist of seven members, one of which shall be the mayor, alt of whom shall be elected at large and shall serve for the respective terms as hereinafter provided. The members of council shall serve for terms of four years, from the first day of July next following the date of their election and until their successors shall have been elected and qualified. The mayor shall serve for a term of four years from the first day of July next following the date of election and until a successor shall have been elected and qualified; provided, however, that on the first Tuesday in May, nineteen hundred seventy-two, and on aaid such day each four years thereafter, three co",~ncihncn council members and a mayor shall be elected for a term of four years, and on the first Tuesday in May, nineteen hundred seventy-four, and each four years thereafter, three councflmcn council members shall be elected for a term of four years. H:\Chart~r~charter 1952. I 17 The member of council receiving the largest number of votes in each regular councilmanic election shall be the vice-mayor of the city, for a term of two years, to commence on the first day of July next following the date of such election and until h~a the vice-mayor's successor shall have been elected and quahfie,~, pro The council shall be a continuing body, and no measure pending before such body shall abate or be discontinued by reason of the expiration of the term of office or removal of the members of ....... ~ council, or any of them. No person may be a candidate for the office of mayor and for the office of ............council member in the same election. H:\Chaa~crXchartcr I ~2.1 18 Vacancies in the council or vacancy in the office of mayor shall be filled within thirty days, and until the day upon which the terms of office ofeo'anei/men council members elected in the next following regular councilmanic election shall commence, by a majority vote of the remaining members of council, and if as much as two years of any such unexpired term of a member of council or of the mayor remains at the time of such next regular councilmanic election, a eourteitm,~ council member or a mayor, as the case may be, shall be elected at aa~d such election for the remaining portion of such unexpired term. {}5. Qualification of members--[-of council]; conduct of candidates. Any person qualified to vote in aa~d the city shall be eligible to the office of eourteitm~ council member or mayor therein. No candidate for the office of councilman or mayor shall promise any money, office, employment or other thing of value, to secure a nomination or election, or accept in connection with his candidacy any money except as permitted by the general laws of the State; and any such candidate violating this provision shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or imprisonment for a term not exceeding six months, or both, in the discretion of the court or jury, and shall forfeit his office, if elected; in which event, the person receiving the next highest number of votes, who has not violated ,~.A~,,,, o,~,~-:" these provisions shall be entitled too,,,~:'~ such office. {}6. Compensation of the mayor, vice-mayor and of cc, uncih'ucn council members. The salary of the mayor, vice-mayor and each council member shall be such as is fi.om time to time fixed by ordinance of city council within the limits established by general law. Such salaries shall be payable no less frequently than monthly. H:\Charter\charter 1952. I 19 §7. Limitations of the powers of the council. Neither the mayor, the council, nor any of its members, shall dictate, urge or suggest the appointment of any person to office or employment by the city manager, or in any manner interfere with the city manager, or prevent him the city manager fi.om exercising his or her judgement in the appointment of officers or employees in the administrative service; provided, however, that the city manager's appointments of ......... A,-.,: ....... , ............ ea depu _ty or assistant city managers, but not of department heads, shall be subject to confirmation by a majority of the members of the council. Except for the purpose of inquiry, the mayor, the council and its members shall deal with the administrative service solely through the city manager, and neither the mayor, the council, nor any member thereof, shall give orders to any of the subordinates of the city manager either publicly or privately. §8. Officers elective by council; rules{~; journal of council proceedings; quorum of council!]. The council shall elect a city manager, a city clerk, a director of finance, a municipal auditor, and a city attorney, none of whom need be a resident of the city at the time of their election or during -,~- ,~,-,,,. -~ o,,.- ,,.,.,. but who shall take up residence within the city_ within three (3). months of their election if not already a resident. Unless herein otherwise specifically provided, the council shall also appoint the members of such boards and commissions as are hereafter provided for. All elections by the council shall be viva voce and the vote recorded in the journal of the council. The council may determine its own rules of procedure; may punish its members for misconduct and may compel the attendance of members in such manner and under such penalties as may be prescribed by ordinance. It shall keep a journal of its proceedings. A majority of all of the members of the council shall constitute a quorum to do business, but a smaller number may adjourn from time to time. Upon a vacancy occurring in any such office the council shall elect a person to fill the unexpired portion of any term created by such vacancy; or, in the council's discretion, it may elect a person as an acting city manager, city clerk, director of finance, municipal auditor, or city attorney to hold such office for such lesser term and for such compensation as the council shall then determine; and any person so elected shall have, during the term for which he was elected, all of the authority and shall be charged with all of the duties and responsibilities of the office for which he was elected. §9. Elections by council, when held, terms, et cetera[; ..... ;1'1 During the month of September, nineteen hundred seventy-four and during the month of September of every second year thereafter, the council shall elect a city clerk, a director of finance, a municipal auditor, and a city attorney, each of whom shall serve for a term of two years from the first day of October next following the date ofkAa their election and until h';a their successor shall have been elected and qualified n_. ..... ~.. ~.__..~ .... ce .....u__ _: ......u.._a__n ........c .... .1,.~11 1,. .... 1. .... 1__~1_.,1 __A .... H: \C"h ar..cr~ch ar t ~r 1952. I 21 § 10. Meetings of council {~generally]. At two o'clock post meridian on the first Monday of July next following each regular municipal election, or if such day be a city holiday, then on the day following, the council shall meet at the usual place for holding meetings of the legislative body of the city, at which time the newly elected eoaneiimen council members shall assume the duties of their offices. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, provided, that it shall hold at least two regular meetings each calendar month, and it shall so order and schedule meetings as to promptly and orderly attend to the business and legislative affairs of the city. The mayor, any member of the council, or the city manager, may call special meetings of the council at any time upon at least twelve hours written notice to the mayor and each member, served personally or left at his usual place of business or residence; or such meeting may be held at any time without notice, on the call of the mayor or the city manager provided at least five members of the council attend such meeting. All meetings of the council shall be public, and any citizen may have access to the minutes and records thereof at all reasonable times, except where the public interest may require ......... ~ca$~ons closed meetings § 11. Penalty for absence ffrom council meetings]. Absence from five consecutive regular meetings shall operate to vacate the seat ora member t~ofthe council], unless the absence is caused by his the member being incapacitated by sickness or H:\C'harter\charter 1952.1 22 is excused by the council by a resolution setting forth the reason thereof and entered upon the journal. § 12. Legislative procedure {generally]. Except in dealing with questions of parliamentary procedure the council shall act only by ordinance or resolution, and all ordinances except ordinances making appropriations, or authorizing the contracting of indebtedness or issuance of bonds or other evidence of debt, shall be confined to one subject, which shall be clearly expressed in the title. Ordinances making appropriations or authorizing the contracting of indebtedness or the issuance of bonds or other obligations and appropriating the money to be raised thereby shall be confined to those subjects respectively. The enacting clause of all ordinances passed by the council shall be, "be it ordained by the council of the city of Roanoke." No ordinance, unless it be an emergency measure, shall be passed until it has been read by title at two regular meetings or the requirement of such reading has been dispensed with by the affirmative vote of five-sevenths of the members of the council. Any ordinance introduced and adopted on its first reading at one meeting of the council may be amended and adopted as amended at the next such meeting or subsequent meeting provided that the amendment does not materially change the purpose and character of the proposed ordinance. No ordinance or section thereof shall be revised or amended by its title or section number only, but the new ordinance shall contain the entire ordinance, or section or subsection as revised or amended. The ayes and nays shall be taken upon the passage of all ordinances or resolutions and entered upon the journal of the proceedings of the council and every ordinance or resolution shall require, on final passage, the affirmative vote of a majority of the members. No member shall be excused from voting except on matters involving the consideration of his own official conduct, or where his financial or personal interests are involved. In authorizing the making of any public improvements, or the acquisition of real estate or any interest therein; or authorizing the contracting of indebtedness or the issuance of bonds or other evidences of indebtedness (except temporary loans in anticipation of taxes or revenue or of the sale of bonds lawfully authorized); or authorizing the sale of any property or fights in property of the city o fRoanoke, or granting any public utility franchise, privilege, lease or right of any kind to use public property or easement of any description or any renewal, amendment or extension thereof, the council shall act only by ordinance unless otherwise permitted by law; provided, however, that after any such ordinance shall have taken effect, all subsequent proceedings incidental thereto and providing for the carrying out of the purposes of such ordinance may, except as otherwise provided in this charter, be taken by resolution of the council. § 13. Effective date of ordinances and resolutions; emergency measures. by .................... J ................ All ordinances passed the council shall be in effect" .... " e,f upon their passage, except that council may, by the affirmative vote of five-sevenths of its members, pass emergency measures to take effect at the time indicated therein. An emergency measure is an ordinance or resolution immediately necessary, in the discretion of council, for the preservation of the public peace, property, health or safety, or providing for the usual daily operation of the municipal government or of a municipal department, in which measure the emergency shall be set forth and defined in a preamble thereto, or in which measure there is contained a statement of such immediate necessity. Ordinances appropriating money for any such emergency may be passed as emergency measures, but no measure providing for the sale or lease of city property, or 24 H:\Chartet~cha~t~' 1952. I making a grant, renewal or extension of a franchise or other special privilege, or regulating the rate to be charged for its service by any public utility, shall be so passed. All resolutions of the council shall be effective upon passage. § 14. Record{~, authentication and numbering of ordinances and resolutions; admission of ordinances and resolutions in evidence-]. Every ordinance or resolution upon its final passage shall be recorded in a book kept for the purpose, and shall be authenticated by the signature of the presiding officer and the city clerk. Lack of authentication of any such ordinance or resolution by signature of the presiding officer and the city clerk aa ..... :~-" :- '~-~ ~- ............ ~'"-:- If, v,,, ............... o ......... ,.,. ...... ac. trio,, shall not, ofitse affect the validity of any such measure heretofore or hereinafter duly adopted by the council. The city clerk shall assign every ordinance and resolution adopted by the council a permanent serial number. A record of entry made by the city clerk or a copy of such record or entry duly certified by him the city clerk shall be prima facie evidence of the terms of the ordinance or any amendment thereof and its due publication, or its receipt in quantity as a printed code of ordinances. All ordinances and resolutions of the council may be read in evidence in all courts and in all other proceedings in which it may be necessary to refer thereto, either from a copy thereof certified by the clerk or from the volume or code of ordinances printed by authority of the council. § 15. [-General powers and duties of] the mayor. The mayor shall preside at meetings of the council, and perform such duties as are imposed upon him the mayor by this charter and such other duties consistent with his the mayor's office as may be imposed by the council, tie The mayor shall be entitled to a vote, but shall possess no veto H:\Ch~'~f~h~w~' 19 ~2. I 25 power, t-I-e The mayor shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the governor for military purposes, tie ,,-nay, a~ mayor, The mayor may execute all requisite contracts or other legal instruments in writing for and on behalf of the city and aa .... '- ...... ........ ,,.~,,, perform all other functions or requirements arising from federal or State law, procedure, rules or regulations but these authorizations shall not be construed as conferring upon,'-/in the mayor thc administrative or judicial functions., .... ............. , ....... :,.,..., ......... ~ .................. o,,,te. In time o ublic dangers or emergency, he the mayor may, with the consent of the council, take command of the police and maintain order and enforce the laws, and for this purpose may deputize such special policcrncn as may be necessary. During hia the mayor's absence or disability hi~ the mayor's duties shall be performed by the vice-mayor of the city. The powers and the duties of the mayor shall be such as are conferred upon k, kn the mayor by this charter, together with such others as may be conferred by the council in pursuance of the provisions of this charter, and no others. § 16. Time of holding municipal elections. A municipal election shall be held on the first Tuesday in May in nineteen hundred seventy-two, and every second year thereafter which shall be known as the regular election for the election of ............. council members. § 17. Method of conducting municipal elections. The candidates at any regular municipal election for the election of co"~.~c~l~cn council members, equal in number to the places to be filled, who shall receive the highest number of votes at such election, shall be declared elected to the council, and the candidate receiving the highest number of votes for the office of mayor shall be declared elected mayor. In any such election each elcctc, r voter shall be entitled to vote for as many persons as there are vacancies to be filled, and no more; and no elcctc, r voter shall in such elections cast more than one vote for the same person. § 18. Election land terms for Commonwealth's attorney, commissioner of revenue, city treasurer, city sheriff and circuit court clerk~}. The attorney for the Commonwealth, commissioner of revenue, city treasurer and city sheriff elected at the general election held in November of nineteen hundred seventy-three, shall hold office until their respective terms expire; thereafter, there shall be elected by the qualified voters of aa-ld the city, on the Tuesday after the first Monday in November, nineteen hundred seventy-seven and quadrennially thereafter, the following officers: one attorney for the Commonwealth, one commissioner of revenue, one city treasurer, and one city sheriff, who shall hold their offices for the term of four years from the first day of January ensuing their election and until their successors are duly elected and qualified. Thc ................... p .... _.,__., c ...... ,_ _, ~_,._ ,_.. ,,._ ,~ ..... , ^ ....,.,.. ~e, r:__:--'- -~--- .... : .... ~- .... '"-- tThere shall be elected by the qualified voters of sa-id th__~e city on the Tuesday after the first Monday in November, nineteen hundred seventy-nine, and every eight years thereafter, one clerk of the Circuit Court of the City of Roanoke, who shall be clerk of all courts of record in this city, whose tel shall begin and end as is now, or may hereafter be prescribed by the General Assembly of Virginia. 27 H:\Chart~r\cha,-~r 1952.1 § 19. General provisions relating to elections; how elections conducted. All elections provided for in this charter, except as otherwise provided herein, shall be conducted, and the result canvassed and certified by the regular election officials provided for by the general election laws of the state and all such elections shall be governed by the general election laws. {}20. The city manager; appointment, qualifications, ct cctcra. The city manager shall be the administrative head of the municipal government, tie The city manager shall be chosen by the council without regard to his or her political beliefs and solely upon the basis of his executive and administrative qualifications. The choice shall not be limited to inhabitants of the city or State. tie The ci_ty manager shall be appointed for an indefinite period and shall hold office during the pleasure of the council, tie The city manager shall receive such compensation as shall be provided by the council by ordinance-tam and shall be bonded as the council may deem necessary. During the,~,o,,,,,,,,,-'- ..... disqualification or disability of the city manager the council may designate some properly qualified person to perform the duties of the office. {}21. Same--Powers and duties of ci_ty manager. The city manager shall be responsible to the council for the efficient administration of all offices of the city. t-Ie The ci_ty manager shall have the power, and it ahall bc ?,~a the duty: (a) To see that all laws and ordinances are enforced. (b) Subject to the limitations contained in § 7 of this charter and except as otherwise provided in this charter, the city manager or his or her designees shall appoint such city officers and employees as the council shall determine are necessary for the proper administration of the affairs of the city, and the city manager or his or her designees shall have the power to discipline and remove any such officer and employee. (c) To attend all meetings of the council, with the right to take part in the discussion, but having no vote. (d) To recommend to the council for adoption such measures as he the city manager may deem necessary or expedient. (e) To make reports to the council from time to time upon the affairs of the city and to keep the council fully advised of the city's financial condition and its future financial needs. Lj.~_l., ,., ,~u. j (f) To be responsible for the day to day operation of the ci _ty, and to execute such documents as may be necessary_ to accomplish the same, (-fl-) (g) To appoint in writing a city officer reporting to the city manager as acting city manager for a time period not to exceed thirty days when the city manager will be absent from the city. (-i:2-) Lb.) To acquire on behalf of the city easements, licenses, permits, privileges or other rights of any kind to use property for nominal consideration. (-g-) (i) To perform such other duties as are prescribed by this charter or as may be prescribed by the council. §21.1 Deputy and Assisea~ assistant city managers. The city manager may appoint an a deputy and one or more assistant city managers subject to confirmation by a majority of the members of council. The ~assistant city managers shall hold office at the pleasure of the city manager making the appointment. He They shall be 29 H:\Cha.qe~harter 1952.1 responsible to the city manager for the administration of all city affairs placed in his their charge by the city manager or under this charter. During the absencc, d~$qual~fication ar d~sab'~lity of the city manager, he the deputy or an assistant city manager shall perform the duties of that office unless the city manager has designated in writing some other city officer to serve as acting city manager. §22. Investigations. The council, the city manager, and any other officer, board or commission authorized by them, or either of them, shall have power to make investigations as to city affairs, and for that purpose to subpoena witnesses, administer oaths, and compel the production of books and papers. Any person refusing or failing to attend, or to testify or to produce such books and papers, may by summons issued by such board or officer be summoned before thc hnun~c~pal general district court of the city by the board or official making such investigation, and upon failure to give satisfactory explanation of such failure or refusal, may be fined by a n~'~h-~c~pal judge not exceeding one hundred dollars or imprisoned not exceeding thirty days, such person to have the right to appeal to the ~' .... :--- ........ so circuit court of the city. Any person who shall give false testimony under oath at any such investigation shall be liable to prosecution for perjury. §23. Creation of departments and department heads; ": -': ........ deputies and assistants. The council may by ordinance provide for administrative departments, and when such departments are created may define the functions which such departments are to administer, may provide for the appointment of heads for such departments and define their duties and respons es._, .-lu. t~,.t.,,t. ;.,, ,.,,uti,,. l.aj ~,xuvlu,, l,,l ~ll,, H:\Chal't~harter 1922.1 30 {The council may by ordinance provide for the appointment of one or more assistants or deputies in the offices of the city attorney, the director of finance, the municipal auditor and the city clerk and may define their duties and responsibilities. Such assistants or deputies, when acting in such official capacity, shall possess all of the power and authority and shall be subject to all of the duties and responsibilities given to or imposed upon their respective superiors under this charter. {}24. City clerk. The city clerk shall be elected at the time, in the manner, and for the term provided by section nine of this charter, tie The ci_ty clerk may by and with the consent of the council appoint one deputy and such number of assistants as may be provided for by ordinance, tie The ci_ty clerk shall be the clerk of the council; shall keep a record of its proceedings, and either hc c,r h/a the ci_ty clerk or the deputy city clerk shall attend all meetings thereof. ~ The city clerk shall keep all books and papers which by the provisions of this charter or by direction of the council, are required to be kept by or filed with h~in the ci_ty clerk, llc The city clerk shall be the keeper of the city seal, and shall affix and attest the same when so directed by the council, tie The ci_ty clerk shall transmit copies of all ordinances or resolutions to such officers and persons as are affected thereby, llc The ci_ty clerk shall give information to persons presenting communications or petitions to the council of the final action of the council thereon. ~ The city clerk shall, except as otherwise expressly provided in this chapter, publish or cause to be published, all reports, ordinances, and other documents required by this charter to be published, and also such other reports as the council may by ordinance or resolution direct, t-te The ci_ty clerk shall perform such other duties as are required by this charter, and in general shall perform such acts and duties as the council shall by ordinance or resolution require of ,hi,,-n the city clerk. Any of the duties of said the city clerk may be performed by FAs the deputy city clerk. The city clerk and ~ deputy ci_ty clerk shall receive such compensation and give such bond as the council may by ordinance provide. §25.1 Director of finance. The director of finance shall be elected by the council at the time, in the manner, and for the p idedby§9 fthi harte ..... :"~ term rov o s c r; v,,~,~,~,,-, -~,,,,-,,~,, (a) The director of finance shall have charge and shall maintain control of the keeping of all accounts and financial records of the "': .... ,_,,,.~ ,, ......... ci _ty, in accordance with generally accepted principles of accounting, wherein shall be stated, among other things, the appropriations for the year for each distinct object and branch of expenditures, and also the receipts from each and every source of revenue, so far as it can be ascertained. All such accounts and financial records shall be public records, and shall be subject to the examination of the city manager and members of the city council, or other person or persons required by order of the city manager or ordinance of the council to make such examination. (b) The director of finance shall be charged with and shall exercise a general fiscal supervision over all the officers, departments, offices, agencies and employees of the city charged in any manner with the assessment, receipt, collection or disbursement of the city revenues, and with the collection and return of such revenues into the city treasury; and he the director shall prescribe H:\Chartcr\charter 1952. ] 32 such system and regulation as is necessary for the proper reporting and accounting for all city revenues and receipts. (c) The director of finance shall have the power to and shall examine and audit all accounts, claims and demands for or against the city; and, unless otherwise provided by law or by this charter, no money shall be drawn from the treasury or be paid by the city to any person unless the balance due and payable by the city be first settled and adjusted by the aa~d director of finance. (d) The director of finance shall draw a warrant check on the treasury for such money as is determined by him the director to be due and payable to any person, stating the particular fund or appropriation to which the same is chargeable and the person to whom payable; and no money shall be drawn from the treasury except on the --,~'-~-rz, nt check of the director of finance as aforesaid, countersigned by the city manager. The director of finance is forbidden to issue h~a warrz~nt a check for the payment of any money in excess of the appropriation on account of which such money is drawn. (e) It shall be the duty of the director of finance to charge all officers in receipt of revenues or moneys of the city with the whole amount, from time to time, of such receipts, t-te The director shall also require of all officers in receipt of city moneys that they submit reports thereof, with vouchers and receipts of payment therefor into the city treasury, daily, weekly or monthly, or at such times as may be otherwise provided by ordinance of the council; and if any such officer shall neglect to make adjustment of his accounts, when required,,~n~ ,,~-,~,~o-,,~,-" ..... :'~ and to pay over such moneys as received, it shall then be the duty of sa~d the director of finance to issue notice in writing, directed to such officer and t~ such officer's surety or sureties, requiring him or them within ten days to make settlement of his aa~d or their accounts with the director of finance, and to pay over the balance of moneys found to be due and in his or their hands belonging to saSd the city, according .:~Ch~-~-~h~'~1952.~ 33 to the books of aaid the director of finance; and in case of the refusal or neglect of such officer to adjust his aaid accounts or to pay over such balance into the treasury of the city, as required, it shall be the duty of the director of finance to make report of the delinquency of such officer to the council, the city manager, the municipal auditor and th.e city attorney. For good cause appearing, the city attorney shall at once take action to have such officer suspended from office, and shall proceed forthwith to institute the necessary proceedings for the removal of such officer from office, and shall institute suit in the name of the city against such officer and his surety or sureties to recover the .......... belonging to balance of moneys so found by the director of finance to be due --~ :- ~':~ ~'~-"~ ' ~:-~ the city. (0 each fiscal year, giving full and detailed statement of all the receipts and expenditures during the year, which statement he the director shall forthwith file with the city manager mud hc shall lay the same before the next meeting of the council. When required by the council, such annual statement shall be certified by independent certified public accountants. (g) It shall be the duty of the director of finance, each and every month, to prepare a monthly statement, giving a full and detailed account of all moneys received, from what sources and on what account received, and of all moneys ordered to be paid or drawn by warrant check by h~r,,, the director, and on what account the same have been paid; and he the director shall deliver said such statement to the city manager, and shall lay the same before the council at its next meeting. (h) No contract, agreement or other obligation involving the expenditure of money shall be entered into nor shall any ordinance of the council or order of any officer of the city authorizing the city's obligation for expenditure of money be effective until and unless the director of finance shall have certified in writing that the money required for such contract, agreement, obligation or H:\Chartet~chi~ler 1952.1 34 The director of finance shall prepare an annual statement, promptly after the end of expenditure is in the city treasury to the credit of the fund from which it is to be drawn, and not appropriated for any other purpose, which certification may be endorsed on or recited in such ordinance, endorsed upon the contract, agreement or other instrument creating such obligation or upon such order, or may be contained in separate certification filed and preserved in the office of the city clerk; provided, however, that requirement of such certification shall not be applicable to the city's execution or issuance of bonds or notes under {}47 of this charter. The sum so certified shall not thereafter be considered unencumbered, until the city is discharged from the contract, agreement or obligation. (i) For the purpose of the certification required in subsection (h), vapra;, of this section, all moneys actually in the treasury to the credit of the fund from which they are to be drawn and all moneys applicable to the payment of the obligation or appropriation involved that are anticipated to come into the treasury before the maturity of such contract, agreement or obligation from taxes, assessments, license fees or from sales of property or of services, products, or by-products of any city undertaking and all moneys to be derived from lawfully authorized bonds or from other sources, shall be deemed in the treasury to the credit of the appropriate fund and subject to such certification. (j) Unless otherwise provided in this charter, the director of finance shall have all of the duties, responsibilities, powers and authority heretofore imposed upon or lodged in the city auditor by this charter or by the ordinances and resolutions of the council heretofore or hereafter adopted prior to the council's election of a director of finance. (k) The director of finance shall have the power and the authority to use any and all collection methods available to the treasurers of the counties and cities under general law to collect delinquent real estate taxes, provided the responsibility for such collection has been transferred to the director of finance by ordinance adopted by city council. §25.2. Municipal auditor. The municipal auditor shall be elected by the council at the time, in the manner and for the fthi Chart ..... :"-'=" .......... term provided by §9 o s er_.; v ........ · ........ , (a) The municipal auditor shall have such qualifications as the council shall fi.om time to time establish. (b) It shall be hia the duty of the municipal auditor: (1) To examine and audit all accounts, books and records of the city that reflect transactions involving financial activities of the city, including those for which the city has a responsibility as an agent, custodian or trustee, aaid such audit to be made in a timely manner or as prescribed by ordinance. s ........... ,,,,., T__o work closely with the director of finance in (¢-)~ It '--" '-- ":- " promulgation of systems and procedures employed in the accounting for revenue received and expenditures made by the city. (et) (3} When so directed by the council, it .............. .x --, see to implementation of and to supervise all systems recommended to be established by independent public accountants making audits for city functions. .............. ,.., T_9.o report to the council within sixty days after the close of the fiscal year a summary of the activities of his the auditor's office during the preceding fiscal year.. Ito...-~--" '--,,,. ":-.-o ,~,.,v '= ..... and to report to the council in writing within sixty days after the completion of an examination of any department, agency or activity of the city, a summary of all findings resulting from h-is the auditor's examination. A copy of each audit report shall be submitted to the council, the city manager and to the department, agency or office audited. (-0 5~ It '--" '-- '-:- duty t To report immediately in writing to the city manager and to the council any unauthorized, illegal or irregular act or practice he di~covcr3 discovered affecting or involving public funds or the financial affairs of the city. (-g-) (c) In the performance ofhi~ afc, rcsaid the auditor's duties, he the auditor shall have access at any and all times to all books, records and accounts of each department, office, officer, employee or agency of the city subject to examination or audit by him the auditor. (-h) (d) Subject to the provisions of {}9 of this charter, he the auditor shall have power to appoint such assistants and employees as the council shall authorize and appropriate funds to provide for. (4) ~.l The municipal auditor shall devote his full time and effort to post-audit examinations and reporting and shall receive only such compensation as may be fixed for the position by ordinance of the council, t-te The auditor shall not serve in any capacity on any administrative board, commission, district, or agency of the city, county, or the State nor shall he the auditor have a material direct or indirect financial or other economic or personal interest in the transactions of any officer, department, board, commission, district, or other organization for which he the auditor is responsible to audit or cause to be audited. ;lc The auditor shall not be directly responsible for the collection of any money belonging to the Commonwealth of Virginia, the city of Roanoke, or other political subdivisions of the State or the city, nor shall he the auditor be directly responsible for the handling or custody of state or local public funds. Neither he the auditor nor any member of his the auditor's staff shall engage in or be associated with any partisan political activity or hold any other public office. ,:~c~-~h.,~,9~2., 37 tie The auditor shall neither conduct nor supervise an audit or post-audit of any office, department, program or activity of the city c,f Rc, a~nc~kc for which-he the auditor was responsible or in which he the auditor may have participated or been employed during any preceding two years. The council shall provide otherwise for any necessary audit or post-audit of any such office, department, program and activity falling within the proscription of this provision. The council shall assign to karo the auditor no administrative or other duties, except such as may be incidental to the objectives and functions of post-auditing or such as do not act to impair the independence of hi~ the auditor's audits. §26. City attorney. The city attorney shall be elected at the time, in the manner, and for the term provided by section nine of this charter, hre The ci_ty attorney shall be the legal advisor of and attorney and counsel for the city and the school board of the city and for all officers, and departments thereof, in matters relating to their official duties, t-te The ci_ty attorney shall prosecute all suits, actions and proceedings for and on behalf of the city and the school board of the city, and defend all suits, actions and proceedings against the same, and shall prepare all contracts, bonds and other instruments in writing, in which the city or the school board of the city are interested or concerned, and shall endorse on each his or her approval of the form and correctness thereof, provided that in the case of bonds to be issued by the city, it shall be sufficient if he the city attorney certify certifies to the council his or her approval thereof as to form in a separate writing, to be filed and preserved with the records of the council. The council, the city manager, or any officer, board or commission may require the opinion of the city attorney upon any question of law involving their respective powers and duties. The city attorney shall apply in the name of the city to a court of competent jurisdiction for such injunction or injunctions as may be necessary to restrain and prevent the misapplication of the funds of the city, or the invasion or abuse of its corporate powers, or the usurpation of authority by any city official, or the execution or performance of any contract made in behalf of the city in contravention of law, or which was procured by fraud or corruption. When an obligation or contract made on behalf of the city granting a right or easement or creating a public duty is being evaded or violated, the city attorney, when directed by council, shall institute and prosecute such suit or suits as may be necessary to enforce the forfeiture thereof, or the specific performance thereof, as the nature of the case may require. In case any officer, board or commission shall fail to perform any duty required by law, the city attorney shall apply to a court of competent jurisdiction for a writ of mandamus to compel the performance of such duty. Whenever the city or school board shall purchase or otherwise acquire real estate or any interest therein, unless other provision is made by the council, the city attorney shall conduct such title examination as he or she deems appropriate before the purchase price thereof shall be paid. The aa~d city attorney shall perform such other duties as may be required of him or her by ordinance or resolution of the council. H:\ChartmSchar~'1952. I 39 4O H:\Ch~t~'~ch ar~' 19 $ 2.1 §31. Police department. The police department shall be composed of a ..... -' .... "--' or chief of police and of such officers, patrolmen and other employees as the council may determine. The or chief of police shall have the immediate direction and control of the said department, subject, however, to the supervision of the city manager and to such rules, regulations and orders as the said city manager may prescribe. The ---' .... ~' .....chief of police shall issue all orders, rules and regulations for the government of the whole department. I ...:,1. ..... ., ~:,: ___1 con,pcnsation. The members of the police department shall be appointed and may be removed by the city manager or Pis the city_ manager's designee. The council may by ordinance prescribe rules and regulations governing the residence or nonresidence of any or all members of the police department ~ .... :~ part 1- ...... ~ ~-~ ....1- ......... 1--" 1-- 1-:- ¢o~,.r...;aaon. Each member of the o-,,-, de ment shall, before entering upon the duties oft~s office, take and subscribe an oath before the city clerk that he will faithfully without fear or favor perform the duties of his or her office, and such oath shall be filed with the city clerk and preserved with the records ofkis the clerk's office. ;md in addition, the sc,'cral officers of the aaid d~partment shall, if so required by the council, give bond in such penalty and with such security as the council may by ordinance prescribe. No person except as otherwise provided by general law or by this charter shall act as special police, special detective or other special police officer for any purpose whatsoever except upon 41 H:\Chaner~harter 1952. I written authority from the city manager. Such authority, when conferred, shall be exercised only under the direction and control of the .....-' o~'v ................ chief of police and for a specified time; provided, however, that the council may from time to time designate the maximum number of such special police, special detective or other special police officers. The officers and prlvatc$ constituting the police department of said the city shall be, and they are, hereby invested with all of the power and authority which pertains to the office of constable at common law in taking cognizance of and in enforcing criminal laws of the State and the ordinances and regulations of sa'~d the city, and it shall be the duty of each such officer and private to use his or her best endeavors to prevent the commission within the ,;aid city of offenses against the laws of said the State, and against the ordinances and regulations of aa'~d the city; to observe and enforce all such laws, ordinances and regulations; to detect and arrest offenders against the same; to preserve the good order of said the city, and to secure the inhabitants thereof from violence and the property therein from injury. Except as provided by general law, ~ such officers shall have no power or authority in civil matters, but shall execute any criminal warrant or warrant of arrest that may be placed in his their hands by any judge or .........~,,,, j,,,~,,, of the city, and shall make due return thereof. The city manager chief of police shall prescribe the uniforms and badges for the members of the police department, and direct the manner in which the members of said the department shall be armed. Any person other than a member of said th__~e department who shall wear such uniform or badge as may be prescribed,,.,~ ,,.,,,,,0,,,..,~" ..... :'~ may be subjected to such fine or imprisonment, or both, as may be prescribed by the council by ordinance. H:\Charm'\charmr 1952. I 42 §32. Fire department. The fire department shall be composed of a chief and such other officers, firefighters and employees as the council may determine. The fire chief shall have immediate direction and control of the aaid department, subject, however, to the supervision of the city manager, and to such rules and regulations and orders as the aa-;d city manager may prescribe. The city manager shall issue all orders, rules and regulations for the government of the whole department. The members of the fire department shall be appointed and removed by the city manager or his or her designee. In case of riot, conflagration or emergency, the city manager or his or her designee may appoint additional fire fighters and officers for temporary service. The chief of the fire department and hia the chief's assistants are authorized to exercise the powers of police officers while going to, attending or returning fxom any fire or alarm of fire. Thc · ty : .... 1_:_~. +~._ J .... *"-:- appc, intr,¢nt o,,-,-1--' ,_,,,~ ...... o,,,,,~,,,J ,,,,,~--J h-ei-q~/~. The e'itTmaa~ger fire chief shall prescribe the uniform and badges for the members of the fire department. Whenever any building in aaid th__e city shall be on fire it shall be lawful for the chief of the fire department to order and direct such building or any other building which he they may deem hazardous and likely to communicate fire to other buildings, or any part of such buildings, to be pulled down or destroyed; and no action shall be maintained against .,.aid th__e chief or any person fity ity ~,,,, _ ......... : ........ ~ :_ .1._ acting under ":-,~,o the chief's autho or against the c therefor. ~"' ,,~,~ property ..... ,,,.~,~,, .... j ............ >-car ............ v}"J ........... 43 H:\Chaner~chartcr 1952.1 appca~ng ..................... ~ ....~ ..... , Thc council may establish, wit~n ~e fire dep~ent, ~,~ ............... ,j ......... ~ emergency mc cal sc~ice. §33. The annual budget. The city manager, at least sixty days prior to the beginning of each fiscal year, shall submit to the council a budget for the ensuing fiscal year. It shall be the duty of the head of each department, the judge of each court, each board or commission, including the school board, and each other office or agency supported in whole or in part by the city, including the commissioner of the revenue, the city treasurer, the sheriff, the attorney for the Commonwealth and clerk of courts to file with the director of finance by March 15 of each year estimates of revenue and expenditure for that department, court, board, commission, office or agency for the ensuing fiscal year. Such estimates shall be submitted on forms furnished by the director of finance and it shall be the duty of the head of each such department, judge, board, commission, office or agency to supply all the information required to be submitted thereon. The director of finance shall assemble and compile all such 44 H:\Chanc~char~er 1952.1 estimates and supply such additional information relating to the financial transactions of the city as may be necessary and present them to the city manager for the timely preparation of the budget. The city manager, with the assistance of the director of finance, shall review the estimates and other data pertinent to the preparation of the budget and make such revisions in such estimates as he the ci_ty manager may deem proper subject to the laws of the Commonwealth relating to obligatory expenditures for any purpose, except that in the case of the school board budget he the city manager may recommend a revision in category totals only. The budget submitted to the council shall contain the following: (a) An itemized statement of the appropriations recommended with comparative statements showing appropriations made for the current and next preceding year. (b) An itemized statement of the taxes required and of the estimated revenues of the city from all other sources for the ensuing fiscal year, with comparative statements of the taxes and other revenues for the current and next preceding year, and of the increases or decreases estimated or proposed. (c) A fund statement showing a condition of the various appropriations, the amount of appropriations remaining unencumbered, and the amount of revenues remaining unappropriated. (d) '~"v .......~ ............ ' ................ '.' ........ " ....... ' ................ explanation of the estimates for the ensuing year; also a work program showing the undertakings to be begun and those to be completed during the next year and each of several years in advance. (e) (f) (g) A statement of the financial condition of the city. Such other information as may be required by the council. Such other information as the city manager deems appropriate or advisable. In no event shall the expenditures recommended by the city manager in the budget exceed the receipts estimated, unless the city manager shall recommend new or increased revenues within the power of the city to levy and collect in the ensuing fiscal year. The city manager shall submit to the council with the budget a budget message which shall incorporate the most current statement of the financial condition of the city, shall bc,.,,v,,~,,,,~,.~' ........ ,,.~' explain the budget and shall describe the its important features. -"'~-- ~-"~ .... '-- __ ,-, ........ ~,-, t-, .... It shall set forth the reasons for salient changes from the previous year in cost and revenue items. As a part of the budget message, with relation to the proposed expenditures for capital projects included in the budget, the city manager shall include a statement of pending capital projects and proposed new capital projects, relating the respective amounts proposed to be raised therefor by appropriations in the budget and the respective amounts, if any, proposed to be raised therefor by the issuance of bonds during the budget year. {}34. The annual appropriation. Before the end of each fiscal year, the council shall pass an annual appropriation ordinance which shall be based on the proposed budget submitted by the city manager, and shall levy such tax for the ensuing fiscal year as in its discretion shall be sufficient to meet all just demands against the city on any account, subject, however, to the provisions and limitations contained in section 2 and section 33 of this charter. H:\CharterXchar~ 1952.1 46 §35. Fiscal yearly; determination of when licenses and taxes payable-]. The council may determine when the fiscal year of the city shall begin and end, and may change the same from time to time. The council may also determine when city licenses and taxes shall be payable. §36. Unencumberedbalancest!; money not to be withdrawn or obligations incurred except pursuant to appropriations]. At the close of each fiscal year, or upon the completion or abandonment at any time within the year of any work, improvement or other object for which a specific appropriation has been made, the unencumbered balance 0feach appropriation shall revert to the respective fund from which it was appropriated and shall be subject to further appropriation. No money shall be drawn from the treasury of the city nor shall any obligation for the expenditure of money be incurred except pursuant to the appropriations made by the council. §37. City treasurer. The city treasurer shall be elected at the time, in the manner and for the term provided in section eighteen of this charter, t-Ie The treasurer shall give bond in such sum as the council may prescribe with surety to be approved by the council, conditioned for the faithful discharge ofhia th.._~e treasurer's official duties in relation to the revenue of the city, and of such other official duties as may be imposed upon h~m the treasurer by this charter and the ordinances of the city. tie The treasurer shall collect and receive all city taxes, levies, assessments, license taxes, rents, school funds, fees and all other revenues or moneys accruing to the city, except such as council shall by ordinance make it the duty of some other officer or persons to collect, and for that purpose shall be vested with any and all powers which are now or may hereafter be vested in such city treasurer as 47 H:\Chart~r~char~'l 9~2. I collector of State taxes. ~re The treasurer shall be the custodian of all public money of the city, and all other money coming into his hands as city treasurer. The city treasurer shall keep and preserve such moneys in such banks or trust companies as may be determined by ordinance or by the provisions of any law applicable thereto, and may permit securities pledged by the depositories of city funds to be held in custody by the Federal Reserve Bank of Richmond, Virginia, in accordance with any operating circular or circulars of such bank. t-I-e The treasurer shall perform such other duties, have such powers and be liable to such penalties as are now or may hereafter be prescribed by law or ordinance. For such services the city treasurer shall receive such compensation as the council may from time to time prescribe by ordinance in conformity with general law. §38. Commissioner of revenue. The commissioner of the revenue shall be elected at the time, in the manner and for the term provided in section eighteen of this charter. Fte The commissioner shall give bond in such sum as the council may by ordinance prescribe, with surety to be approved by the council, conditioned for the faithful performance of all hi~ the commissioner's duties under this charter, and under any ordinance of the city. tie The commissioner shall perform such duties not inconsistent with the laws of the State in relation to the assessment of property and licenses as may be required by the council for the purpose of levying city taxes and licenses. ~ The commissioner shall have power to administer such oaths as may be required by the council in the assessment of license taxes or other taxes for the city. h*-e The commissioner shall make such reports in regard to the assessment of both property and licenses, or either, as may be required by the council. The council may by ordinance require that all tax bills shall be made out by the commissioner of the revenue and delivered in such manner as o,~,,~ the ordinance may prescribe. For all such services the ~,,~,~ commissioner of the 48 H:\Cha~e*~cha~a' 19 5 2.1 revenue shall receive such compensation as the council may from time to time prescribe by ordinance in conformity with general law. {}39. Vacancies in the office of city treasurer.or commissioner of revenue. In case of any vacancy in the office of the city treasurer or commissioner of the revenue, the council shall select a qualified person to fill the office in which such vacancy occurs for the unexpired term; provided that if the term of office so filled does not expire for two years or more after the next regular municipal election for the election of cc;,a'ac~Irncn council members following such vacancy, and such vacancy occurs in time to permit it, a city treasurer or commissioner of the revenue, as the case may be, shall then be elected and shall from and after the date of his qualification succeed such appointee and serve the unexpired term. §40. Contracts for public improvements; purchases. Any purchase, public work, or improvement, costing more than thirt~y fif~_ thousand dollars, except as provided in the next succeeding section, shall be executed by contract. All contracts for more than ~ fifty thousand dollars shall be awarded after public advertisement and competition, as may be prescribed by general law. The city council shall have the power to reject any and all bids, and all advertisements shall contain a reservation of this right. §41. Improvement by direct labor; emergency work. After bids shall have been advertised for and received for making any public improvement or doing any public work, the council may authorize the making of such improvement or doing such work by the direct employment of the necessary labor and purchase of the necessary materials and supplies on the basis of detailed estimate submitted by the city manager; provided the probable cost of such work or improvements as shown by such estimate is less than the bid of the lowest responsible bidder for the same work or improvement; and provided, further, that the city manager shall certify to the council that in his or her opinion the cost of making such improvement or doing such work will not exceed thc, said such estimate. Separate accounts shall be kept of all work and improvements so done or made. In an emergency requiring immediate action, the city manager may make any purchase or cause any such improvements to be made or other public work to be done by direct employment of the necessary labor and purchase of the necessary material and supplies without previously advertising for or receiving bids therefor. Every such case shall be reported by P.~m the city manager in writing to the council at its next regular meeting with a statement of the facts constituting such emergency. Separate accounts shall be kept of all such work; provided that nothing in this or the next preceding section shall prevent the said city from doing maintenance and repair work by direct labor and from maintaining a reasonable work force c,f mcn for that purpose. {}42. Alterations or modifications of contracts. When it becomes necessary in the prosecution of any work or improvement under contract to make alterations or modifications of such contract, such alterations or modifications shall be made on order of the city council. However, when the amount involved in the proposed alterations or modifications does not exceed twenty-five percent of the amount of the contract or twcnty-fivc fifty thousand dollars, whichever is greater, such alterations or modifications may be made on the order of the city manager, if the funds necessary_ therefor have been appropriated. No such order shall be effective until the price to be paid for the work and material, or both, and the credits, if any, to be H:\Char~'Xcha~t~r1952.1 5 0 allowed the city, under the altered or modified contract, shall have been agreed upon in writing and signed by the contractor and by the city manager. §43. Public advertising. All public advertising or publications necessary under this charter shall be in a newspaper of general circulation, published in the city; provided, however, that when the city provides for the regular periodic publication of an official bulletin of general circulation independent of any newspaper, advertising or publication therein shall be sufficient except where otherwise required by law. §44. Actions against the city for damages. No action shall be maintained against the city for injury to any person or property or for wrongful death alleged to have been sustained by reason of the negligence of the city or of any officer, agent or employee thereof, unless a written statement by the claimant, his agent, attorney or representative, of the nature of the claim and of the time and place at which the injury is alleged to attorney~ have occurred or been received, shall have been filed with the city ,, ....... the mayor, or city manager, within six months after such cause of action shall have accrued, except if the complainant during such six-month period is able to establish by clear and convincing evidence that due to the injury sustained for which a claim is asserted that he was physically or mentally unable to give such notice within the six-month period~ then the time for giving notice shall be tolled until the claimant sufficiently recovers from said such injury so as to be able to give such notice. ~45. Laying out of streets. city o ......... or within three miles of said No property within the corporate limits of the ' such limits, as now or hereafter established, shall be laid out with streets, alleys or public easements or ways thereon, except in accordance with such rules, regulations and provisions which may have been or hereafter be established, from time to time, by ordinance of the city council. To provide for the proper and orderly development of the city and its environs the council shall have the power, by ordinance, to make and enforce rules, regulations and provisions for the laying out of such streets, alleys, public ways or easements and shall have power to require, by the recordation of plats or otherwise, that the title to land so laid out shall thereby vest in the sa~d city or in such county as the land may be situate. Notwithstanding anything in this section contained, the city shall not be liable for any accidents or injuries which may occur or be sustained upon any street, alley, boulevard or way, heretofore or hereafter laid out, until and unless the aa'id street, alley, boulevard or way shall have been accepted by the city, and the approval of any plan or plat shall not be taken as an acceptance by said the city of any street, alley, boulevard, way or public place shown on such plan or plat. §47. Bond issues; borrowing in anticipation of issuance of bonds. (a) The council may, in the name and for the use of the city, cause to be issued bonds for any one or more of the following purposes,-namel-y: To provide for parks and other recreational purposes, water supply, water works, electric lights or other lighting system, suitable equipment against fire, or for erecting or improving bridges, viaducts, school buildings, j ails, city H:\Chatlet~hat~ 1952.1 52 halls, fire houses, libraries, museums; and other public buildings, incinerators, auditoriums, armories, airports and equipment and furnishings for same; to provide for hospitals and clinics; to provide for a local bus transportation system to operate on regular schedules; grading, paving, repaving, curbing; or otherwise improving any one or more of the streets or alleys, or widening existing ones; or to provide for locating, instituting and maintaining sewers, drains and culverts; or for any other permanent public improvement; to provide for the acquisition of automobiles, trucks and other ip o automotive and movable equ ment or a revolving fund do ....~..,.,.,,,,,,.,..,.,j for the establishment of a pool of automobiles, trucks and other automotive and movable eqmpment, ~, ....... , ...................................... _J:'+1-_ ~.',,... --'CAll 1- .... ~1- ...... .4:' .... 1. .....' .... * ......'11 ....... ~-1,~-- .~-'..1 .C..__.../ ....'.4.1-.'-- ,,.1--- ~...'__ ~.~.-,1 1.' J:'~ ,~ ..........,-,,~ ,.~v ......... ,~-.t~ ....... , t-, ..................... No bonds shah be issued under this Charter except by an ordinance or a resolution adopted by a recorded affirmative vote of a majority of all members ............. , ................ v ............... --..3: ......,.,1 ----~-~ J 1- ..... :_.~'*.. --~"~11 ~ ..... L _.4:' ...... :1. L..* £or a ---'-~ ....... 1--- '~':-"' ~ .........elected to the council. Any bonds issued under this Charter may be dated~ may mature at such time or times not exceeding £orty years from their date or dates, may be subject to redemption or repro'chase at such price or prices and under such terms and conditions and may cont~n such other provis~ons~ all as determined before their issuance by the council or in such m~nner as thc council shall provide. Any such bonds may bear interest payable at such time or times and at such rate or rates as determined by the council or in such manner as the council may provide, including the determination by reference to indices or formulas or by agents designated by the council under guidelines established by it. The council may fix the denomination or denominations of the bonds and the place or places ofpayrnent. Any such bonds may be issued in registered or book entry_ form, or any combination of such forms, as the council may determine. The council may sell any bonds authorized under the provisions of this Charter in such manner, either at public or private sale, and for such price as the council may determine. All proceeds received by the city from the sale of bonds issued under this Charter shall be deposited and invested in accordance with the provisions of the Public Finance Act of 1991, as from time to time amended. (b~ The council, in its discretion, may require that an ordinance or a resolution adopted by the council authorizing the issuance of general obligation bonds, as defined by the Public Finance Act of 1991, as from time to time amended, be approved by the affirmative vote of the majority of the qualified voters of the city voting on the question at an election for such purpose to be called, held and conducted in accordance with an ordinance or a resolution adopted by the council idi gfo h 1 ti o,,~-___:..:__~ ...... ~.1:_: ..... ~. ....... .~, .......:.~:__~. ..... ~. ....~, the provisions of the Public Finance Act of 1991, as from time to time, applicable to the ordering and conduct of special elections on the question of the issuance of bonds. (c) In no case shall the city issue any bonds or other interest-beating obligations which, including existing indebtedness, shall at any time exceed ten percent of the assessed valuation of the real estate in the city subject to taxation, as shown by the last preceding assessment for taxes. In determining the limitation for the city, there shall not be included the classes of indebtedness described in paragraphs (1), (2), (3) and (4) of subsection (a) of Section 10 of Article VII of the Constitution of Virginia. (d) The council shall determine the form and the manner of execution of the b ds :--'"": ...... : .............. ' ' -'- ...... "~'"- ..... Anyb d i ed d th p ii of this Charter and any intcrcat ............."-'~ '" ..... :~' ...... '---'--~ '-" "-~ -~:'~ ...... :' may bear or be executed with the facsimile signature of any official authorized to sign or to execute such bonds or coupona .... caa¢. I_f any law shall provide for the sealing of ..... bonds with the official or corporate seal of the city or -""-- --:-' ...... :' .......,,~--:-, .,- .... r ..................... j .............,~,,~, a facsimile of such seal may be imprinted on the bonds, :~' o,, ...... ,-,-,,,-,~,~,."--'--" '-~,.~ .... o,,,~:'~ ,~,,~,~.,:' and it shall not be necessary in such case to impress such seal physically upon such bonds. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupona shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as ift~ such officer had remained in office until such delivery, and a~ny. Any_ such bond may bear the facsimile signature of, or may be signed by, o~,,~--'-" ....... v,~, .... o aa any person who at the actual time of the execution of such bonds shall be the proper officcra officer to sign such ~,.,,~,~,o. officer. bond although at the date of such bond such persons person may not have been such -"~' .... When all signatures on bonds are facsimiles, the bonds must be authenticated by an agent appointed by the council or in such manner as the council may provide. H:\Charte~hart~r 1952.1 55 L~I In anticipation of the issuance of bonds under the provisions of this section or under the provisions of the Public Finance Act of 1991, as from time to time amended, and of the receipt of the proceeds of sale of such bonds, the council may, in the name and for the use of the city, by an ordinance or a resolution adopted by the council, cause to be borrowed money for the purpose for which such bonds have been authorized and within the maximum authorized amount of the bond issue. Thc. Negotiable notes shall be issued for all moneys borrowed in anticipation of the issuance of bonds under this section or of the Public Finance Act of 1991, as from time to time amended. The ordinance or resolution authorizing any such borrowing shall specify the maximum rate of interest to be paid by the city on such '-~-,,,,,,, notes and ,.,,..-~-t' such loan notes shall mature and be paid within five years from the date of~ their original issuance. Any such notes may be extended or refinanced from time to time;provided that no note issued upon any such extension or refinancing shall mature later than five years from the date of the original issuance of such notes. The city may, in its discretion, retire any such loans by means of current revenues, special assessments; or other funds, in lieu of retiring them by means of bonds, and may, thereafter, provide for the issuance of the maximum amount of bonds that has been authorized without reduction by the amount of such loans retired in such manner .... · '-- *:--- ':--:'--' '--' "-: .... ':-- The issuance of such notes and other details thereof shall be H:\Chmer\chaner 1952.1 5 6 govemed by provisions of the ordinance or the resolution c,r c, rdin~cc of the council authorizing such borrowing, not inconsistent with the provisions contained in this paragraph, section. ~ Notwithstanding any other provision of law, the council is authorized and required to levy_ and collect annually, at the same time and in the manner as other taxes of the city are assessed, levied and collected, a tax upon all taxable property_ within the city, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on any general obligation bonds or notes of the city issued under the provisions of this Charter to the extent other funds of the city are not lawfully available and appropriated for such purpose. All such bonds shall be deemed to be negotiable instruments under the laws of the Commonwealth and are made securities in which public officers and bodies of the Commonwealth, counties, cities and towns and municipal subdivisions of the Commonwealth, insurance companies and associations, savings banks, savings institutions, savings and loan associations, trust companies, beneficial and benevolent associations, administrators, guardians, executors, trustees and other fiduciaries in the Commonwealth may properly and legally invest funds under their control. H:\Charter~:harter 1952.1 5 7 {}50. Special assessments. All local or special assessments shall be made and collected as council shall prescribe by ordinance and in accordance with law, and such special assessments shall have priority over all other claims or liens, whether prior or subsequent thereto. §51. Lien of taxes, ct cetera. There shall be a prior lien on all real estate and on each and every interest therein for the city taxes as assessed thereon, from the commencement of the year for which they were assessed, and also for all local assessments which may be made thereon according to law. There shall also be a lien on any land or premises for the amount of expense incurred by said the city in abating any nuisance thereon or cutting or removing weeds therefrom, after notice to the owner thereof by publication or U:\ChanerXcharter 1952. otherwise as may be provided by ordinance; provided, however, that the lien for the amount of any such local assessment or for the expense of abating any nuisance or cutting or removing weeds from any premises shall not be good against a purchaser of land or premises for value without notice except and until fi.om the time that the same shall be recorded in records or books kept for that purpose in the office of the city clerk and recorded and indexed in the office of the clerk of the circuit court in the name of the person or persons owning such estate or land at the time the said lien accrued. The council may require such real estate in the city delinquent for the non-payment of taxes, or assessments or expenses incurred as above provided, to be sold for said taxes or assessments or expenses, with interest thereon at the maximum rate authorized by general law of the Commonwealth, and such percentage as may be prescribed for charges; and the council may regulate the terms on which the real estate so delinquent may be sold or redeemed. §52. t~Distraint and sale of goods and chattels for unpaid taxes; payment of taxes by tenants or fiduciaries.] All goods and chattels of any person against whom taxes for the city are assessed may be distrained and sold for said taxes when due and unpaid in the same manner and to the same extent that goods and chattels may be distrained and sold for State taxes. A tenant by whom payment is made or fi.om whom payment is obtained, by distress or otherwise, of taxes or levies due the city, by a person under whom he holds, shall have credit for the same against such person out of the rents he may owe him, except when the tenant is bound to pay such taxes and levies by an express contract with such persons. And where taxes or levies are paid to the city by any fiduciary on any estate in his hands or for which he may be liable, such taxes and levies shall be refunded out of the aa'~d estate. H:\CharterXehart~r 1952.1 59 {}53. License taxes. (a) License taxes may be imposed by ordinance on businesses, trades, professions, and callings and upon the persons, firms, associations and corporations engaged therein and the agent thereof, except in cases where taxation by the localities shall be prohibited by the general law of the State, and nothing herein shall be construed to repeal, or amend any general law of the State with respect to taxation. (b) The council may require every person, firm or corporation using or operating a cart, ,~.~.,., ,-,,~, o~,~, ........ ~,.,,., ............ , .,, motor ..... , ,.,,,.,.,,., vehicle, on the streets of the city to secure a license and to pay a tax therefor, whether such vehicle is used or operated for compensation or not. (c) The council may subject any person, firm or corporation who or which without having obtained a license therefor, shall follow any business, occupation, vocation, trade, pursuit, calling, or shall do any other act for which a license is required by this section, to such fine or penalty as it is authorized to impose for any violation of its laws. (d) The council may, in its discretion, determine whether or not the commissioner of the revenue shall receive fees for issuing and transferring city licenses, and it may fix the amount of such fees and change the same from time to time; provided, however, that no such fees shall be payable out of the city treasury, but shall be paid by the person obtaining the license or transfer, and such license or transfer may be withheld by the commissioner of the revenue until such fees are paid. (e) Council may provide by ordinance for revoking any license for failure to comply with conditions upon which same is granted. H:\Chm'ter~¢hasx~' 19 5 2.1 60 §53.1. Rehabilitation incentive program. Council shall be authorized to establish by ordinance a grant program to encourage the rehabilitation and use of older residential, commercial and industrial buildings, for the improvement and revitalization of the city. Such ordinance shall specify the age of buildings and type and extent of rehabilitation qualifying for rehabilitation grants, shall establish a formula for determining the amounts of such grants, which shall be related to the value added to the buildings by renovation, and shall set the time and procedure for payment, which may be in one lump sum or in installments. §54. School,.,o~.,~o~:-'-'-'- board members. The city of Ro-,~nokc shall not be subdivided into school districts, but for the purpose of the election and qualification of school ti'ust¢ca board members of the School Board of the Ci_ty of Roanoke shall be considered as one district. Seven (7) members shall be elected by council as prescribed by ordinance, and they shall serve the city at large. The members of the school ~a~tcc$ board now in office shall continue until the end of the terms rw c eywere eecte, §56. Powers and duties of the school board. The school traat¢ca c,f aaid board members of the city school board shall be a body corporate under the name and style of the School Board of the City of Roanoke, and shall have all of the powers, perform all of the duties and be subject to all of the limitations now provided, or which may hereafter be provided by law in regard to school boards of cities and except that all real estate with H:\Ch~h-t~'~ch al'~r 19 5 2.1 61 the buildings and improvements thereon heretofore or hereafter purchased with money received from the sale of bonds of this city, appropriated by the council or received from any other source for the purpose of public education, shall be the property of the said city of Roanoke, unless such money so received from any other source be received on other conditions. The school board shall transmit to the council and to the city director of finance a detailed statement of all moneys received by said the board or placed to its credit. Separate accounts shall be kept by the said board of moneys appropriated by the council, and moneys received from other sources, and every such statement shall show the balance of each class of funds on hand or under control of said the board as of the date thereof. The school board shall on or before March 15 of each fiscal year prepare and submit to the council or its designee for its information in making up its proposed annual budget a detailed estimate, in such form as said the council or its designee shall require, of the amount of money required for the conduct of the public schools of the city for the ensuing fiscal year, with an estimate of the amount of all funds which will probably be received by aaid the board for the purpose of public education from sources other than appropriations by the council. The council may, at its discretion, by ordinance provide for an audit of the affairs and records of the school board by the municipal auditor or by any other competent person or firm selected by the council. §57. t~-,~f"' ...... ,o ,,.~',.,~,,.,~" ,.,,.,.,,.,~,: .... '~' Extraterritorial jurisdiction of city and general district ¢ourt~. H:\Chal'ter\¢harter 1952. I 62 The city shall have and may exercise all police power granted by general law or this charter with respect to city-owned land and property lying beyond the corporate limits of the city. The general district court of the city shall have jurisdiction of all offenses committed within one mile from the corporate limits of the city against its ordinances prescribing rules and regulations, and penalties for violation of such rules and regulations, relating to city-owned land and property beyond its corporate limits. Beyond aa'~d such one mile limit, the general district court having criminal jurisdiction in the municipal corporation wherein the offense was committed, or the general district court of the county wherein such offense was committed shall have jurisdiction of offenses against the aforesaid ordinances of the city committed more than one mile from its corporate limits; and appeals may be taken in such cases to the court of record having jurisdiction in said such other municipality, or county. All fines and costs assessed upon conviction in said such other jurisdictions shall be paid into the treasury of the county or municipality wherein the offense was committed and tried. §57A. Clerks of court. Notwithstanding any provision of general law, the clerk of the circuit court of the city shall be paid a salary as provided by law, which salary shall be in full compensation for services and shall be in lieu of the retention by such clerk of any and all official fees and commissions of whatever kind or character, and from whatever source derived, and the council shall provide for the payment of such salary out of the treasury of the city. The expenses of the office of such clerk, including compensation of deputies and employees, shall be likewise paid out of the treasury of the city on duly authenticated vouchers, when and as such expenses are incurred, or may become due and payable. 63 H:\Char~r~chart~r 1952.1 All fees and commissions of every kind or character received or collected by such clerk, and from whatever source derived, shall be paid into the treasury of the city. All fees and commissions of every kind and character, whether payable by the State, the United States, or by private persons, firms or corporations, now or hereafter receivable'by law or ordinance by such clerk, shall continue to be paid to and collected by him, and shall be paid into the treasury of the city. The city shall not be required to pay any such clerk any fees or commissions for services performed for such city. §58. [Ownership and custody of] books, records, et cetera. All books, records and documents used by any city officer, or employee, attorney for the commonwealth, commissioner of the revenue, clerk of court, or treasurer for this city, in his office or pertaining to his duties shall be deemed the property of aa'id th__~e city, and the chief officer in charge of such office shall be responsible therefor. Any such officer or person made by this section responsible for the keeping of such books, records and documents shall, within ten days after the end of his term of office, or within ten days after the date of his resignation or removal from office, as the case may be, deliver to his successor or the city clerk, as may be proper, all such records and documents. Any such officer or person failing to deliver such books, records or documents, as required by this section, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars, or imprisoned not exceeding six months, or both, in the discretion of the court or jury before whom the case is tried. §59. Qualification of members of the council and other officials. The members of the council before entering upon the duties of their respective offices shall each take the oaths prescribed by the laws of this State for State officers. Such oaths may be 64 H:\Chat~-~hartet 1952. I administered by any judge of a court of record within said the city, and the certificate thereof shall be filed with the city clerk and entered upon the journal of the council. Every other person elected or appointed to any office under this charter or under any ordinance of the council, - ....... '--' .... '~ 1,~,,, .... , shall before entering upon the duties of his office take and subscribe --:" oaths together with such other oaths as may be required by ordinance, before any person authorized to administer an oath, and the certificate of the same shall be filed in the office of said the city clerk. The clerk of the circuit court of said the city shall notify all persons elected by the people under this charter of their election, and the city clerk shall notify all persons elected by the council of their election. If any person elected to any office in the sa';d city shall after receiving notice of election fail to take such oaths and give such bonds, with surety, as may be required by law or ordinance, he shall be considered as having declined said such office, and the same shall be deemed vacant, and such vacancy shall be filled according to the provisions of this charter. §60. Bonds of officers t~and employees~. Except in the case of officers whose bonds are specially provided for by this charter, the council in fixing the salary of any officer, clerk or employee of the city, shall determine whether such officer, clerk or employee shall give bond and the amount or penalty thereof. All officers required by this charter to give bond, and all officers, clerks and employees of whom bond is required by the council shall, before entering upon their respective duties, give bond with surety to be approved by the council, conditioned for the faithful performance of the duties of their respective offices, which bond, unless otherwise specially provided by this charter, shall be payable to the sa~d city, and in such penalty as the council may by ordinance prescribe. The council shall accept as surety on any such official bond only a good solvent surety or fidelity company authorized to do business in this State. The council may provide that the premium on any such bond shall be paid by the city. The sureties on the bond of any such officer shall be equally liable for the acts of any deputy or deputies of such officer as for those of such officer himself. Unless otherwise specially provided in this charter, all such bonds shall be filed with and preserved by the city clerk. The parties to bonds taken in pursuance of this section shall be subject to the same proceedings on aaid such bonds for enforcing the conditions and terms thereof by motion or otherwise before the circuit court of said the city, as are now or may hereafter be provided by law in the case of collectors of the county levy and the sureties on their bonds for enforcing payment of the county levies. § 61. [Reserved]. Editor's note--Acts 1989, Ch. 129, § 2, approved March 6, 1989, repealed § 61, which pertained to general disqualifications (conflicts of interest), and derived fi.om Acts 1976, Ch. 573, § 1. {}62. Zoning. (4-) (a) For the promotion of health, safety, morals, comfort, prosperity, or general welfare of the general public, the C-council A~,,~.~ ,~: .... ~,-, .... ~r .......... .~ ....... ,,~c may, by ordinance, divide the area of the city into one or more districts of such shape and area as may be deemed best suited to carry out the purposes of this act, and in such district or districts may establish, set back building lines, regulate and restrict the location, erection, construction, reconstruction, alteration, repair or use of buildings and other structures, their height, area and bulk, and percentage of lot to be occupied by buildings or other structures, the size of yards, courts and other open spaces, and the trade, industry, residence and other specific uses of the premises in such district or districts. Any ordinance enacted under the authority of this act may exempt fi.om the operation thereof any building or structure used or to be used by a public service corporation (not otherwise exempted) as to which proof shall be presented to the ~--~-'~ _c ~--: ....... 1~ ............. ~ "~'v ....city that the exemption of such building or structure is reasonably necessary for the convenience or welfare of the public. (-2) (b) All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts. (--3-) c~ Such regulations shall be made in accordance with a comprehensive plan, and designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such regulations shall be made with reasonable consideration among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city. _ o~ .... ~,,j ....,, .....shall provide for the manner in which such (-4-) (d) The t~council ~,~.A ,~:,. A~-~, .... 1.A regulations and restrictions and the boundaries of such districts shall be determined, established and enforced, and from time to time amended, supplemented or changed. However, no such regulation, restriction or boundary shall become effective until after a public hearing in relation thereto, conducted in conformity with state law, at which parties in interest and citizens shall have an rmnity b h d At ' .... e.,,_~_ .~ ...... ,:_~ A~-,u~ ,: .... ., _, .... c .... ~. ~.---.-- -,-~,, ~.~ oppo to e ear . ,,,,~, -,,,,,,- ,,,,jo -,,-,,~ ,,- -,,~ --,,, -,,,~ t-,-,,-,, ,,, o,-'-- -','~-'~ o""" ~"~ (5-) (e) Such regulation, restrictions, and boundaries may from time to time be amended, d h d difi d 1 d T ..... 1. .......... ,' ...........: ....... 1. _1. .... supplemente , c ange , mo e , or repea e .... ,~,,, ......... , ,_,, ,, ~, .... o, ,,s ................ s,, H:\Charte~charter 1952.1 67 (-Srt-) (-0 In order to facilitate the creation of a convenient, attractive and harmonious community, the '~ ..... :' council -" · ~ ................ .~ ~,, Roa~-iokc may, after recommendation from the planning commission and public notice and hearing pursuant to ~3-1-5r1434- State law, establish design overlay districts to encourage compatible development in areas of the city identified on an adopted comprehensive plan as having historic value or unique architectural value and located within an area designated on an adopted plan for conservation, rehabilitation or redevelopment. In such areas, city council shall adopt specific standards as to new construction or rehabilitation within view from the public streets and provide for a design review process. City council may establish a fee applicable to such design review process which shall not exceed the actual cost of such review process or two hundred dollars, whichever is less. (6) (g) The "' ..... "' council -*' "-- '": .... "~' ...."- ............. ~.., .......... shall appoint a conu'nission to be known as the planning couu'nission to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. °"-'- .... :--:-- -'--" --' ...... ':-: ...... ~: .... ,-n ....'-- -'--" +-' ...... '- --': .... ....... :-' ---':-: ......- ....... a~d -' ..... '-- .~na] [Present subsections 7 through 21 moved to new ~d2.1, Board of Zoning Appeals/ (-2:2-) (h) In case any building or structure is erected, constructed, reconstructed, altered, repaired, or converted; or any building, structure or land is used in violation of this act charter or of H:\Chat~r~charter 1952. I 6 8 any ordinance or other regulation made under authority conferred hereby, the proper authorities of the city, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, to restrain, correct or abate such violation, to prevent the occupancy of said such building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises. ~ (i) Said Such regulations shall be enforced by the division of building inspection which is empowered to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made under authority of this or the preceding paragraph. The owner or general agent of the building or premises where a violation of any provision of said such regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such guilty puni by violations shall exist shall be of a misdemeanor, shable ............ ,,.oo ,,,~. teii ....................................... a. as permitte_ tate law. In any case of the existence of a violation of any provision of aaid such regulations the owner, lessee, tenant or agent shall be subject to a civil penalty ef--fat~e~h~dt~ as permitted by State law. 2~-iy such pcrac, n ........... g H:\Charte~harter 1952. I 69 §62.1 Board of Zoning Appeals. (--7-) (a) The "' ..... :' ' · ~,u,,,~,, council Ae,u ...... ~,~j .........c may appoint a bo~d of zoning appeals, ~d in the regulations ~d restrictions adopted p~su~t to the authority of this act may provide that the aa~d board of zoning appeals may, in appropriate cases ~d subject to approphate conditions ~d safegu~ds, va~ the application of the te~s of the ordin~ce in h~ony with its general pu~ose ~d intent ~d in accord~ce with general or specific roles therein contained. ~ ~ The bo~d of zoning appeals shall consist of fivc seven members, each to be appointed for a te~ of t~ee ye~s ~d removable for cause by the appointing ......... : council, upon written ch~ges ~d a~er public he~ng .................... vv ...................... ~ ~ ~ cach. Vac~cies shall be filled for the ~expired tern of~y member whose te~ becomes vac~t. ~ (c) The bored shall adopt roles in accord~ce with the provisions of ~y ordin~ce adopted pursuit to t~s act. Meet~gs of the bored shall be held at ~e call of the chai~ ~d such other times ~ the bored may dete~ine. Such chai~, or in ~s absence, the acting chai~, may a~inister oaths ~d compel the attend~ce of witnesses. All meetings of the bo~d shall be open to the public. ~e bored shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, ~d shall keep records of its exminations ~d other official actions, all ofw~ch shall be i~ediately filed in the office of the bored, ~d shall be a public record. H:\Charter~charter 1952. l 70 ~ (d) Appeals to the board of zoning appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the administrative officer. Such appeal shall be taken w~th~n ........~-' ~ ':-- ~ ~ ' · .................. .o ~n the manner provided : ....... ,~o ,, ........ ,, state law by filing with the officer from whom the appeal is taken and with the board of zoning appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken. 0-t--) LO.) An appeal shall stays all proceedings in furtherance of the action appealed from, unless the officer fi'om whom the appeal is taken certifies to the board of zoning appeals after the notice of appeal shall have been filed ~ that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of zoning appeals or by a court of record on application therefor, ~,~nd following notice to the officer from whom the appeal is taken and on due cause shown. (-~ LQ The board of zoning appeals shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any Party may appear in person or by agent or by attorney. (-1-3-) Lg.l The board of zoning appeals shall have the following powers: (nv) (1) To hear and decide appeals ........is .... ~ ...............~. from. any order, requirement, decision, or determination made by an administrative officials in the administrative enforcement of this ae~ charter or of any ordinance adopted pursuant thereto. H:~Ch~-~h~-,952.~ 71 (2) To hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance. (-b-) 3f~ To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest where~ owing to special conditions~ a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, provided that the spirit of the ordinance shall be observed and substantial justice done. ~ ~ In exercising the above-mentioned powers such board may, in conformity with the provisions of this act, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. ~/.~ The concurring vote of t,~cc four members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance. (-t4-) ~j) Any person or persons, jointly or severally, aggrieved by any decision of the board of zoning appeals, or any officer, department, board or bureau of the municipality, may present to a court of record of the "': · .,,~j ....... ,,kc ci_ty a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the board. 0-7-) (k) Upon the presentation of such petition, the court may allow a writ of certiorari directed to the board of zoning appeals to review such decision of the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order. (-t-8-) ~ The board of zoning appeals shall not be required to remm the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. (--1-9-) (m) If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceeding upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. (-:2-0) (n) Costs shall not be allowed against the board, unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from. ~ ~ All issues in any proceeding under this section shall have preference over all other civil actions and proceedings, except where otherwise provided by general law. §62.2. Architectural Review Board. (-24-) The "' ..... :' ~"~'- "':'--- ~*' '" .... '- ,-,,, .... · ,, ..... ,.,,~.~ ......... c council shall appoint an architectural review board. Such board may be authorized to delegate to an agent its authority to issue any certificate of H:\Charter~harter 1952.1 73 appropriateness. The agent, pursuant to such delegation, shall act only upon an application completed pursuant to the applicable city ordinance, and shall apply the same guidelines and review standards applicable to the board. Any person aggrieved by any decision of the agent made pursuant to this delegation may appeal to the board within a reasonable time as provided by city ordinance by filing with the board a notice of appeal specifying the grounds thereof. A decision of the board may be appealed to the city council and thereafter to the circuit court pursuant to § 15.1-5¢3.2 th.__~e provisions of the Code of Virginia. §62.3 Authority of city council to impose civil penalties for wrongful demolition of historic buildings. -1-. (a) Notwithstanding the provisions of any state law which authorizes civil penalties for the violation of a local zoning ordinance, the ci_ty council A,. ..... ~,L.~ .......... may adopt an ordinance which establishes a civil penalty for the demolition, razing or moving of a building or structure without obtaining any required demolition permit and certificate of appropriateness when such building or structure is located within any historic zoning district of the city~ The penalty established by the ordinance shall be imposed on the party deemed by the court to be responsible for the violation and shall not exceed twice the fair market value of the building or structure, as determined by the city real estate tax assessment at the time of the demolition. 3. ~) An action seeking the imposition of such a penalty shall be instituted by petition filed by the city in circuit court, which shall be tried in the same manner as any action at law. It shall be the burden of the city to show the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose. The filing of any action pursuant to this section shall preclude a criminal prosecution for the same offense, except where the demolition, razing or moving has resulted in personal injury. H:\C'hart~chart~r 1952. I 74 3:. (e-) The defendant, within twenty-one days after the filing of the petition, may file an answer and, without admitting liability, agree to restore the building or structure as it existed prior to demolition. If the restoration is completed within the time agreed upon by the parties, or as established by the court, the petition shall be dismissed from the court's docket. 4:. (d) Nothing in this section shall preclude any other action by the zoning administrator "-"-- § '~ ' ~"'"' -~"~'- '~^~ ~'":--:-: by the ity~ ---"~- ~ ~c , ~,,~, ~,~,~.~ ,~,,~ ~c Virginia, as authorized by law, either by separate action or as a part of the petition seeking civil penalty. §63. Power to appoint boards or commissions of citizens. The council may provide for the appointment of boards or commissions, to be composed of such number of citizens as the council may deem expedient to act in an advisory capacity in conjunction with any one or more of the officers of the city. The members of all such commissions shall serve without compensation, unless otherwise provided by law. §64. Working prisoners and other persons convicted of offenses. Subject to the general laws of the State regulating the working of those convicted of offenses against the State, the council shall have the power to provide by ordinance for the supervision, management, and control of persons convicted of violating the laws of the Commonwealth of Virginia or the ordinances of the city of Roanoke who are referred to the city for public service work by courts of record and not of record. H:\Charter\ch~'tg 1952. I 75 §65. Pensions, relief and retirement funds. The council shall maintain and preserve the systems for the pension, relief and/or retirement of employees of the city existent on the effective date of this charter and none of the privileges and benefits provided for or available to the members of such systems shall be curtailed or lessened; provided, however, that the council shall, from time to time, by ordinance, make such reasonable changes in said such systems as will keep them actuarially sound and may, likewise, increase the privileges and benefits provided for or available thereunder to the members thereof; and provided, further, that the council may, at any time, limit the operation of such systems to those employees who are members thereof on the effective date of such limitation. The council of said the city shall continue to have authority to establish and maintain a fund or funds for the pension, relief and/or retirement of persons in the service of the city; to receive gifts, devises and bequests of money or property for the benefit of such fund or funds; to make contributions of public moneys thereto on such terms and conditions as it may see fit; and to make rules and regulations for the management, investment and administration of such fund or funds not inconsistent with this charter. In addition, the council shall have authority, by ordinance, to provide for the participation of the city and its employees, the employees of the school board and the employees of any board or commission established by the council, in any welfare, relief, retirement, or security program established by the Congress of the United States or by the General Assembly of Virginia. The council may, in its discretion, provide for participation in any pension or retirement fund by any deputies or employees of the commissioner of the revenue, treasurer, Commonwealth's attorney, the clerk of courts or city sergeant, whose salaries are paid in whole or in part by the city, and allow them to participate in any such welfare, relief, retirement or security program. {}66. General laws to apply. All general laws of the State applicable to municipal corporations now in existence or hereafter enacted and which are not in conflict with the provisions of this charter or with ordinances or resolutions ---'- .... '~-- ............ hereafter enacted by the council pursuant to authority conferred by this charter shall be applicable to the aaid city; provided, however, that nothing contained in this charter shall be construed as limiting the power of the council to enact any ordinance or resolution not in conflict with the Constitution of the State or with the express provisions of this charter. {}67. Attorney for Commonwealth to prosecute violations of ordinances. The aaid attorney for the Commonwealth shall prosecute the violations of all city ordinances, both in the general district court and upon appeal, and shall notify the city attorney in all such prosecutions in which the validity of a city ordinance is attacked. §68. Present ordinances and rules and regulations continued in effect. All ordinances and resolutions of the city and all rules, regulations and orders legally made by any department, board, commission or officer of the city, in force at the effective date of this charter, insofar as they or any portion thereof are not inconsistent therewith, shall remain in force until amended or repealed. §69. Continuance of officials and officers. Except where this charter may otherwise provide, all officials and officers of the city holding office immediately prior to the effective date of this charter, whether such office be elective or appointive, shall continue in such office until the expiration of their respective current term of office or until their respective successors shall have been elected or appointed and qualified or until such office may be lawfully terminated. {}70. Continuance of internal organization of the city. Except where this charter may otherwise provide, the several departments, commissions, boards and other administrative units of the city functioning at the effective date of this charter are hereby continued until otherwise provided by ordinance. §71. Continuance of contracts. All contracts entered into by the city or for its benefit prior to the taking effect of this charter shall continue in full force and effect. All public works begun prior to the taking effect of this charter shall be continued and completed hereunder. Public improvements for which legislative steps shall have been taken under laws in force at the time this charter takes effect may be carded to completion in accordance with the provisions of such laws. §72. Partial invalidity. If any clause, sentence, paragraph, or part of this ~ [charter] shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of ~ the charter, but shall be confined in its operations to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. §73. Citation of charter. This charter may for all purposes be referred to or cited as the Roanoke Charter of Nineteen Hundred and Fifty-two. H:\Charter~harler 1952. I 79 The Roanoke Times / Roanoke, Virginia Affidavit of Publication RECEIVED The Roanoke~m~ERKs OFFICE 'O1 NDV 16 P4:26 ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01792647 Charter Amendments State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. ~ Sworn and s~bscribed before me this /_~__ day of Nove~e/~.~/~i~ess~y hand and off~l 2e a~~:~_i_..~.._ ANco t a ry Public PUBLISHED ON: 11/08 TOTAL COST: 171.38 FILED ON: 11/15/01 ............................................................................. Authorized ~ ~~~ Signature: /~_~ , Billing Services Representative RALPH K. SMITH Mayor CITY OF ROANOKE CITY COUNCIL RECEIV£D 215 Church Avenue, S.W., ~I~(4~ERIES OFFICE Roanoke, Virginia 24011-1536 Telephone: (540) 853-~1 Fax: (540) 853-114~,t' [~1 29 P3:t6 October 25, 2001 Council Members: William D. Bestpitch William H. Carder C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Linda F. Wyatt The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: This is to advise that the City's Legislative Committee has authorized the City Clerk to advertise a public hearing at City Council's meeting on November 19, 2001, for City Council to consider requesting that the Roanoke Charter of 1952 be revised and updated. Such a hearing is required by State law. The proposed Charter amendments are essentially those which Council sought last year. Because of the filing requirements for charter bills, the November 19th meeting is the last meeting at which Council regularly conducts public hearings for this matter to be timely considered for the next legislative session of the General Assembly. Sincerely yours, William White, Sr., Chair Legislative Committee WWSr:f cc: Darlene L. Burcham, City Manager M. Hackworth, City Attorney Parker, City Clerk H:~LEGISXl-lunpublichearingcharter. 1 NOTICE OF PUBLIC HEARING TO CITIZENS OF THE CITY OF ROANOKE: NOTICE IS HEREBY GIVEN that the Council of the City of Roanoke will, pursuant to {}15.2-202, Code of Virginia (1950), as amended, hold a public hearing on Monday, November 19, 2001, at 7:00 p.m., in the Council Chamber of the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., in the City of Roanoke, Virginia, at which time citizens of the City of Roanoke shall have an opportunity to be heard to determine if such citizens desire Council to request the General Assembly of Virginia to make certain amendments to the Roanoke Charter of 1952, as amended, which amendments are informatively summarized as follows: Amendments are proposed to the various sections of the Charter in order to remove archaic language and outdated, outmoded and unnecessary provisions therein, to conform certain provisions in the Charter to current State enabling laws, to streamline the City's legislative process, to require that certain Council-appointed officers reside within the City, to provide for the appointment of a deputy and assistant city managers, to increase the threshold for bidding and contracts for public improvements from thirty to fifty thousand dollars, to increase the threshold for change orders that must be approved by City Council from twenty-five thousand dollars to fifty thousand dollars or twenty-five percent of the contract, whichever is greater, to increase the size of the City's Board of Zoning Appeals to seven members and delete the requirement that this Board authorize special exceptions to the City's zoning ordinance, and in general to make more efficient the operation of the City government. The full text of the proposed amendments to the Charter is on file in the office of the City Clerk, Municipal Building, Room 456, 215 Church Avenue, S. W., Roanoke, Virginia. GIVEN under my hand this _la_r____ day of November, 2001. Mary F. Parker, City Clerk Note to Publisher: Please publish in full once on Thursday, November 8, 2000, in The Roanoke Times. Please send bill and Publisher's Certificate to: Mary F. Parker, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL November 19, 2001 2:00 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, November 19, 2001, at 2:00 p.m., with Mayor Ralph K. Smith presiding, pursuant to Rule 1, Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members W. Alvin Hudson, Jr., Linda F. Wyatt, William D. Bestpitch, William White, Sr., C. Nelson Harris, William H. Carder, Mayor Ralph K. Smith .................................................................................................. 7. ABSENT: None ........................................................................................ -0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend Charles H. Ward, Associate Pastor, First Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. XXXXXXXXXXXXXX~~~XXXXX~XXX On Monday, November 19, 2001, at 7:00 p.m., the Roanoke City Council reconvened in regular session in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Smith presiding. PRESENT: Council Members W. Alvin Hudson, Jr., Linda F. Wyatt, William D. Bestpitch, William White, Sr., C. Nelson Harris, William H. Carder, Mayor Ralph K. Smith .................................................................................................. 7. ABSENT: None ......................................................................................... 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney, James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Council Member C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX PUBLIC HEARINGS: CITY CODE-LEGISLATION-ZONING: Pursuant to action of the Legislative Committee, the City Clerk having advertised a public hearing for Monday, November 19, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of the City of Roanoke that the General Assembly of Virginia make certain amendments to the Roanoke Charter of 1952, as amended, in order to remove certain archaic language and outdated, outmoded and unnecessary provisions therein, to conform certain provisions in the Charter to current State enabling laws, to streamline the City's legislative process, to require that certain Council-Appointed officers reside within the City, to provide for the appointment of a deputy and assistant city managers, to increase the threshold for bidding and contracts for public improvements from thirty to fifty thousand dollars, to increase the threshold for change orders that must be approved by City Council from twenty-five thousand dollars to fifty thousand dollars or twenty-five per cent of the contract, whichever is greater, to increase the size of the City's Board of Zoning Appeals to seven members and to delete the requirement that the Board authorize special exceptions to the City's zoning ordinance, and, in general to make more efficient the operation of City government, the matter was before the body. Legal advertisement of the public hearing The Roanoke Times on Thursday, November 8, 2001. was published in (See publisher's affidavit on file in the City Clerk's Office.) A report of the Legislative Committee advising that the Committee reviewed the proposed amendments to the City Charter and concurred in the scheduling of a public hearing in order to obtain the views of citizens on proposed amendments, was before Council. The Legislative Committee recommended that Council adopt a resolution requesting the proposed amendments to the City Charter. It was noted that if Council concurs in and adopts the proposed resolution, State Code requires that the City forward the resolution and certain other documents to the City's legislative delegation, with the request that a bill be introduced in the 2002 Session of the General Assembly to amend the City Charter as proposed. 2 Mr. White offered the following resolution: (#35674-111901) A RESOLUTION requesting the 2002 Session of the General Assembly to amend various sections of the existing Roanoke Charter of 1952 in order to modernize it, remove certain provisions and language therefrom and to provide in general for more efficient and effective legislative processes and municipal operations in the City. (For full text of Resolution, see Resolution Book No. 65. ) Mr. White moved the adoption of Resolution No. 35674-111901. The motion was seconded by Mr. Bestpitch. The Mayor inquired if there were persons present who would like to address the matter; whereupon, Joel M. Richert, Member, Board of Zoning Appeals, spoke in connection with deleting the requirement that the Board of Zoning Appeals authorize special exceptions to the City's Zoning Ordinance (page 72 of the proposed City Charter amendments), which, in effect, would abolish the authority of the Board to rule on special exceptions. She advised that members of the Board of Zoning Appeals are required by Council to participate in an intensive training course consisting of four days with 12 weeks of homework assignments on zoning cases. She stated that Board members understand the intent of the Zoning Ordinance and are qualified to hear requests for special exceptions; and each zoning classification has certain permitted uses by law, however, special exceptions are sometimes permitted with a hearing and may be subject to certain conditions, or rejected as inappropriate. She explained that in order to protect adjacent property owners, a thorough knowledge of the City's Comprehensive Plan is important; in the year 2000, the Board of Zoning Appeals heard 53 special exception cases and each case lasted approximately 30 minutes; and there are instances when a special exception and a variance are both needed in the same case; therefore, it is appropriate that such cases be heard at the same time. She requested that her concerns be considered as a part of proposed City Code revisions which are currently in progress and in conjunction with a consultant's study of the Zoning Ordinance which is intended to address archaic language and recommend revisions. There was discussion in which it was pointed out that the recommendation was the result of a report of a subcommittee composed of Vice-Mayor Carder, Council Member Wyatt, the City Manager, City Attorney and City Clerk with regard to restructuring of certain Council-Appointed authorities, boards, commissions and committees. The City Manager advised that a survey conducted by City staff revealed that in a majority of communities, members of the Board of Zoning Appeals are appointed by the Circuit Court; however, the Roanoke City Charter allows appointments to be made by City Council. She spoke in support of the abovereferenced proposed Charter amendment. 3 Following further discussion of the matter, Mr. Harris moved that the proposed City Charter amendments be amended on page 72 to retain the following language, thereby allowing the Board of Zoning Appeals to continue to hear special exceptions: "To hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance." The motion was seconded by Mr. Carder and adopted, Mayor Smith voted no. No other persons wishing to address Council, Resolution No. 35674-111901 was adopted by the following vote: AYES: Council Members Hudson, Wyatt, Bestpitch, White, Harris, and Carder .............................................................................................................. 6. NAYS: Mayor Smith .................................................................................. 1. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX There being no further business, the Mayor declared the meeting adjourned at 8:45 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 4