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HomeMy WebLinkAboutCouncil Actions 08-17-09 38564-081709 PRICE ROANOKE CITY COUNCIL REGULAR SESSION AUGUST 17, 2009 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. All Present. The Invocation was delivered by The Reverend James D. Thomas, Pastor, Raleigh Court United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, August 20 at 7:00 p.m., and Saturday, August 22 at 4:00 p.m. Council meetings are 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. 1 L:\CLERK\DA T A \CKCT I \Agenda 2009\August\August 17,2009 Action Agenda.doc THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE' AT WWW.ROANOKEVA.GOV.CLlCKONTHESERVICEICON.CLlCK ON COUNCIL AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING. IF ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. 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, OR ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 3. 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 RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. The following individuals appeared before the Council: Chris Craft, Evelyn Bethel, Helen Davis, Robert Gravely, Colonel Robert Craig, and Clay Dawson. 2 L:\CLERK\DA T A \CKCT I \Agenda 2009\August\August 17,2009 Action Agenda.doc A Freedom of Information Act request from Colonel Craig was referred to the City Manager. 4. CONSENT AGENDA (APPROVED 7-0) 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 Minutes of the regular meeting of Council held on Monday, May 4, 2009, recessed meeting held on Thursday, May 7,2009 and continued recessed meeting held on Monday, May 11,2009. RECOMMENDED ACTION: Dispensed with the reading ofthe minutes and approved as recorded. C-2 ! A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-3 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss of the award of a public contract involving the expenditure of public funds, and to discuss of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(29), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-4 A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel on a specific legal matter requiring the provision of legal advice by such counsel, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. 3 L:\CLERK\DA T A \CKCTl \Agenda 2009\August\August 17,2009 Action Agenda.doc C-5 A communication from the Director of Finance requesting that Council schedule a public hearing for Tuesday, September 8,2009, at 2:00 p.m., or as soon thereafter as the matter may be heard, authorizing the issuance of General Obligation Public Improvement Bonds for various public improvement projects. RECOMMENDED ACTION: Concurred in the request. C-6 Reports of qualification of Thomas L. McKeon as a member of the Roanoke Arts Commission, to fill the unexpired term of Kris Pedelty ending June 30, 2010; and Gilbert E. Butler, Jr., as a Commissioner of the Roanoke Redevelopment and Housing Authority, Board of Commissioners, for a term of three years ending August 31, 2012. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. A joint communication from Mayor David A. Bowers and Council Member M. Rupert Cutler requesting authorization for the City Manager to reinstate funds to the Greenway Commission; and to provide $25,000.00 in support of the Norfolk Southern challenge grant for the Virginia Museum of Transportation. The City Manager was directed to disburse $31,720.00 in connection with the items as noted above. b. A communication from the Commonwealth's Attorney recommending acceptance of the Victim/Witness Program Grant; a communication from the City Manager concurring in the recommendation; and transfer and appropriation of funds. Adopted Resolution No. 38564-081709 and Budget Ordinance No. 38565-081709. (7-0) 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. 4 L:\CLERK\DA T A\CKCT 1 \Agenda 2009\August\August 17, 2009 Action Agenda.doc ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of the Western Virginia Workforce Development Board's Workforce Investment Program funding; and appropriation of funds. . Adopted Resolution No. 38566-081709 and Budget Ordinance No. 38567-081709. (7-0) I 2. Acceptance of Virginia Department of Historic Resources Certified Local Government Grant to support a three-day Window Restoration College Workshop. Adopted Resolution No. 38568-081709. (7-0) 3. Acceptance of the National Trust for Historic Preservation Grant to support a three-day Window Restoration College Workshop. Adopted Resolution No. 38569-081709. (7-0) 4. Acceptance and appropriation of funds in connection with the Office of Community Oriented Policing Services (COPS) Hiring Recovery Program. Adopted Resolution No. 38570-081709 and Budget Ordinance No. 38571-081709. (7-0) 5. Acceptance and appropriation of funds in connection with the "Virginia Services, Training, Officers, Prosecution Violence Against Women" (V-STOP) Grant. Adopted Resolution No. 38572-081709 and Budget Ordinance No. 38573-081709. (7-0) 6. Execution of Amendment No.3 to the Intergovernmental Agreement between the City of Roanoke and Roanoke County for the joint Public Safety Radio System. Adopted Ordinance No. 38574-081709. (7-0) 7. Authorization to file an application to amend the Institutional Planned Unit Development District (INPUD) Plan for property located at 2815 Spessard Avenue, S. W., to allow for construction of a gymnasium at Grandin Court Elementary School. Adopted Ordinance No. 38575-081709. (7-0) 8. Execution of a Memorandum of Understanding between the City of Roanoke and the Roanoke City School Board for purchase of motor fuels from the City. Adopted Ordinance No. 38576-081709. (7-0) 5 L:\CLERK\DA T A \CKCT 1 \Agenda 2009\August\August 17,2009 Action Agenda.doc 9. Execution of a School Playground Maintenance and Inspection Agreement between the City of Roanoke and the Roanoke City School Board. Adopted Ordinance No. 38577-081709. (7-0) COMMENTS BY CITY MANAGER. The City Manager commented about the celebration of diversity by ethnic groups in Century Plaza. b. CITY ATTORNEY: 1. Amendment of the City Code with regard to a graffiti abatement ordinance. Adopted Ordinance No. 38578-081709. (7-0) 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation offunds to various program accounts; and a report of the Director of Finance recommending that Council concur in the request. Vivian Penn- Timity, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 38579-081709. (7-0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution in opposition of the closing or consolidation of post offices in the Roanoke area. Adopted Resolution No. 38580-081709. (7-0) 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Vice-Mayor commented about the annual "Pep Rally" celebration of the Western Virginia Football Classic which was held on Friday, August 14 in Elmwood Park. 6 L:\CLERK\DA T A \CKCT I \Agenda 2009\August\August 17,2009 Action Agenda.doc Council Member Price announced the upcoming of Blessing of Schools on August 30 at Patrick Henry High School at 4:00 p.m. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. None. The Council meeting was declared in recess at 3:55 p.m., for Closed Meeting in the Council's Conference Room, Room 451. The Council meeting reconvened in the Council Chamber, Room 450, at 6:01 p.m. CERTIFICATION OF CLOSED MEETING. (7-0) THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 7 L:\CLERK\D AT A \CKCT I \Agenda 2009\August\August 17, 2009 Action Agenda.doc ROANOKE CITY COUNCIL REGULAR SESSION AUGUST 17, 2009 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--RolI Call. Vice-Mayor Lea, and Council Members Price and Trinkle arrived late. The Invocation was be delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. NOTICE: Tonight's Council meeting will be televised live and replayed on Channel 3 on Thursday, August 20 at 7:00 p.m., and Saturday, August 22 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PUBLIC HEARINGS: 1. Proposal of the City of Roanoke to grant a conservation easement to the Virginia Outdoors Foundation and the Western Virginia Land Trust covering approximately 5,178 acres at the Carvins Cove Natural Reserve. Darlene L. Burcham, City Manager. Adopted Ordinance No. 38581-081709. (7-0) 8 L:\CLERK\DA T A \CKCT I \Agenda 2009\August\August 17,2009 Action Agenda.doc B. OTHER BUSINESS: J Petition for Appeal filed by Kinzer and Carolyn Otterman appealing the decision of the Architectural Review Board in connection with property located at 601 Allison Avenue, S. W. Reversed decision of the Architectural Review Board. 1. C. 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 RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. The following individuals appeared before the Council in connection with the merger of Inner-City Athletic Association (ICAA) with Region I: Cynthia Allen, Jerome Stephens, Joe Ferrell, Kiann Trent, Howard Highlander, Robert Gravely, Sandra Bond, Howard Tucker, Geraldine Reid, and Clay Dawson. Council voted for ICAA to merger with Region I. (5-1, Mayor Bowers voting no; and Council Member Price abstaining from voting.) 9 L:\CLERK\DA T A \CKCT I \Agenda 2009\August\August 17,2009 Action Agenda.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www,roanokeva.gov August 17, 2009 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 92.2-3711.A.3, Code of Virginia (1950), as amended. Respectfully submitted, Darlene L. Burc City Manager DLB/lsc c: William M. Hackworth, City Attorney Ann Shawver, Director of Finance Stephanie M. Moon, City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov August 17, 2009 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting for the discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 9 See. 2.2-3711.A.29, of the Code of Virginia (1950), as amended. Respectfully submitted, Darlene L. Burc City Manager DLB/lsc c: William M. Hackworth, City Attorney Ann Shawver, Director of Finance Stephanie M. Moon, City Clerk CITY OF ROANOKE OFFICE OF CITY ATIORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY ATTORNEY TELEPHONE: 540-853-2431 FAX: 540-853-1221 EMAIL: cilyatly@roanokeva.gov TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHERP. FERGUSON ASSISTANTCJTY AlTORNEYS August 17, 2009 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting for consultation with legal counsel on a specific1egal matter requiring the provision oflega1 advice by such counsel, pursuant to S2.2-371 LA.7, Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, ~~.~ William M. Hackworth City Attorney WMH/1sc c: Darlene L. Burcham, City Manager Ann Shawver, Director of Finance Stephanie Moon, City Clerk CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER, CPA Director of Finance August 17, 2009 Honorable David A. 'Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Subject: Public Hearing Request Dear Mayor Bowers and Members of City Council: Pursuant to the requirements of the Code of Virginia, the City of Roanoke is required to hold a public hearing on the issuance of general obligation public improvement bonds for various public improvement projects. To provide funding for projects included in the City's Capital Improvement Program, a public hearing is requested on the amounts as listed below: Purpose Amount Public Schools Roanoke River Flood Reduction Project Parks and Recreation Amphitheater Public Bridges Curbs, Gutter and Sidewalk Improvements $2,500,000 1,455,000 6,740,000 1 ,200,000 1,050,000 1 ,000,000 $13,945,000 j'; ; : ~~li?'~-i!-!:: oe - __ Honorable Mayor and Members of Council August 17, 2009 Page 2 Recommendation: City Council approve that a public hearing be 'advertised on this matter for Council's regular meeting to be held on Tuesday, September 8, 2009 at 2:00 p.m. A full report will be included in the September 8, 2009 agenda material for your consideration. Respectfully submitted, fQJ6~ Ann H. Shawver Director of Finance c: Stephanie M. Moon, City Clerk Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director of Management and Budget CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk August 19, 2009 Susan Jennings Public Arts Coordinator Roanoke, Virginia 24015 Dear Ms. Jennings: This is to advise you that Thomas L. McKeon has qualified as a member of the Roanoke . Arts Commission to fill the unexpired term of Kris Pedelty ending June 30, 2010. Sincerely, ~h1. hJOo...J Stephanie M. Moon, CMC City Clerk pc: Mr. Thomas L. McKeon, 3350 One Oak Road, S. W., Roanoke, Virginia 24018 Melissa Murray, Recording Secretary, Roanoke Arts Commission Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Thomas L. McKeon, do solemnly 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 Arts Commission, to fill the unexpired term of Kris Pedelty ending June 30, 2010, according to the best of my ability (So help me God). ~ <J[ 'ttAc(~ Subscribed and sworn to before me this 3~ day of ~ 2009. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY~~~ , CLERK K:\oath and leaving service\Arts Commission\Thomas L. McKeon oath JW1e 30 20 I O.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-II45 . E-mail: clerk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk August 19, 2009 Mr. Gilbert E. Butler, Jr. 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: At a regular meeting of the Council of the City of Roanoke, which was held on Monday, August 3,2009, you were reappointed as a Commissioner of the Roanoke Redevelopment. and Housing Authority, Board of Commissioners, for a term of four years ending August 31,2013, instead of a three year term. Enclosed you will find another Certificate of your reappointment and an Oath or Affirmation of Office which should be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were . reappointed. Sincerely, ~11t, mhlNJ Stephanie M. Moon, CMC "- City Clerk Enclosures pc: Glenda Edwards, Executive Director, Roanoke Redevelopment and Housing Authority, P. O. Box 6459, Roanoke, Virginia 24017-0359 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, Acting City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of the Council of the City of Roanoke, which was held on the third day of August 2009, GILBERT E. BUTLER, JR., was reappointed as a Commissioner of the Roanoke Redevelopment and Housing Authority, Board of Commissioners, for a term of four years ending August 31, 2013. Given under my hand and the Seal of the City of Roanoke this nineteenth day of August 2009. ~.~ City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK . 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk August 19, 2009 Katie L. Drewery, Secretary Roanoke Redevelopment and Housing Authority Board of Commissioners P. O. Box 6459 Roanoke, Virginia 24017-0359 Dear Ms. Drewery: This is to advise you that Gilbert E. Butler, Jr., has qualified as a Commissioner of the Roanoke Redevelopment and Housing Authority, Board of Commissioners, for a term of three years ending August 31,2012. Sincerely, ~~m. Yr]o~ Stephanie M. Moon, CMC City Clerk pc: Glenda Edwards, Executive Director, Roanoke Redevelopment and Housing Authority, P. O. Box 6459, Roanoke, Virginia 24017-0359 Gilbert E. Butler, Jr., 3406 Exeter Street, S. W., Roanoke, Virginia 24014 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Gilbert E. Butler, Jr., do solemnly 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 Commissioner of the Roanoke Redevelopment and Housing Authority, Board of Commissioners, for a term of three years ending August 31,2012, according to the best of my ability (So help me God). Subscribed and sworn to before me this Ji!!day of ~. 2009. BRENDA S. HAMILTON, CLERK OF CIRCUIT COURT CLERK CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk August 19, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of a joint communication from Mayor David A. Bowers. and Council Member M. Rupert Cutler directing the City Manager to disburse $31,720.00 in connection with $6,720.00 for the City's share of payments to the Greenway Commission for FY09-10; and $25,000.00 in response to the Norfolk Southern challenge grant for the Virginia Museum of Transportation. On motion, duly seconded and unanimously adopted, the Council concurred in the recommendation. Sincerely, ~t'r7. hJu,w Stephanie M. Moon, CMC City Clerk Attachment pc: Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S. w., SUITE 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 DAVID A. BOWERS Mayor August 17,2009 Honorable Sherman P. Lea, Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Vice-Mayor Lea and Ladies and Gentlemen: The City Manager reports that there remains in the budget balancing contingency for this present fiscal year 2009-10 the sum of $66,133.00 as of August 5, 2009. You may recall that the figure was over $269,000.00, but much of that was used in the opening of the two pools this summer. . Of the remaining $66,133.00, we would suggest disbursements' of the following: 1. $6,720.00 for the City's share of payments to the Greenway Commission for FY09-1 O. 2. $25,000.00 in response to the Norfolk Southern challenge grant for the Virginia Museum of Transportation. This leaves $34,413.00 for which Council has yet to designate its use. Dr. Cutler will move that the City Managerbe directed to disburse $31,720.00 as noted above these appropriations at,the upcoming meeting of Council on August 17, 2009. Accordingly, we ask that this letter be placed in the appropriate part of the agenda for your consideration. Sincerely, Sj)'X~ David A. Bowers Mayor M. Rupert Cutler Council Member DAB:MRC:ew CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov CECELlA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk August 19, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38565-081709 appropriating funding from the. Commonwealth of Virginia for the Victim Witness Program Grant, and amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 17, 2009; and is in full force and effect upon its passage. Sincerely, ~tn. httJ~ Stephanie M. Moon, CMC City Clerk Attachment pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget tf IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of August, 2009. No. 38565-081709. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Victim Witness Program Grant, amending and reordaining certain sections of the 2009- 2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries City Retirement ICMA Retirement FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Telephone Administrative Supplies Dues and Memberships Training and Development Travel Postage Revenues Victim Witness FY10 - State Victim Witness FY10 - Local Match 35-150-5126-1002 35-150-5126-1105 35-150-5126-1115 35-150-5126-1120 35-150-5126-1125 35-150-5126-1126 35-150-5126~1130 35-150-5126-1131 35-150-5126-2020 35-150-5126-2030 35-150-5126-2042 35-150-5126:2044 35-150-5126-2144 35-150-5126-2160 35-150-5126-5126 35-150-5126-5127 $ 97,949 9,356 3,355 7,750 15,120 843 804 275 850 2,532 75 2,335 359 2,900 115,117 29,386 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: . Q+-t A fA ,yYj. M6~ 1~~YClerk. "- STEPHANIE M. MOON, CMC City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov August 19, 2009 CECELIA T. WEBB Assistant Deputy City Clerk I am attaching copy of Resolution No. 38564-081709 authorizing acceptance from the Virginia Department of Criminal Justice. Services, the VictimlWitness Program Grant #10-P8554VW09, in the amount of $115,117.00, with a local match of $29,386.00, to allow the VictimlWitnessAssistance Program to continue from July 2009 through June 2010. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 17, 2009. Attachment Sincerely, ~h1.~ Stephanie M. Moon, CMC City Clerk pc: The Honorable Donald M. Caldwell, Commonwealth's Attorney William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget --'1/' ~..~; t/I;::::> IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of..August, 2009. No. 38564-081709. A RESOLUTION authorizing .acceptance of the Victim/Witness Program Grant #10- P8554VW09 to the City of Roanoke by the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council ofthe City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Criminal Justice Services, the Victim/Witness Program Grant #10- P8554VW09 in the amount of $115,117, with a local match of $29,386, to allow the Victim/Witness Assistance Program to continue from July 2009, through June 2010. The grant is more particularly described in the letter of the City Manager to Council, dated August 17, 2009. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing grant. ATTEST: ~ rr,. Y1jb/JnJ City Clerk K\Timlmeasures\R-Victim Witness grant.8-1O-09.doc 0r4r40NWEALTI+ OF VIRGINI G ~'O, J\. ..~~~ AREA CODE 540 TEL No. 853-2626 FAX 853-1201 DONALD S. CALDWELL COMMONWEALTH'S ATTORNEY CITY OF ROANOKE OFFICE OF THE COMMONWEALTH'S ATTORNEY 315 CHURCH AVENUE ROANOKE, VIRIGNIA 24016 August 17, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Acceptance of the Victim Witness Program Grant Background: The Victim/Witness Assistance Program has been awarded a twelve month $115,117 grant (#1 0-P8554VW09) for July 2009, through June 2010. The grant from the Department of Criminal Justice Services (DCJS) will allow the Victim/Witness Assistance Program to continue to provide comprehensive information and direct services to crime victims and witnesses in accordance with the Virginia Crime Victim and Witness Rights Act. The VictimlWitness Program continues to operate with a full-time coordinatorforthe Circuit Court, as well as one full-time assistant for the Juvenile and Domestic Relations Court and one full-time assistant for the General District Court. The Victim/Witness Program is coordinated by the Office of the Commonwealth's Attorney. ~ Considerations: The cost to the City for the grant would be $29,386 as a local cash match for a total grant budget of $144,503. The local cash match is equal to that of FY 2008-2009. This local cash match is included in the General Fund FY 2009-201 0 adopted budget in the Transfer to Grant Fund account (01-250-9310-9535). Recommendations: Accept the VictimlWitness Grant #1 0-P8554VW09 of $115,117 with the City of Roanoke providing $29,386 as a local cash match from the funding provided in the Transfer to Grant Fund account. Authorize the City Manager to sign and execute all appropriate documents, approved as to form by the City Attorney, to obtain Grant #1 0-P8554VW09. Adopt the accompanying budget ordinance to establish revenue estimates of $115,117 in state grant funds and $29,386 in local match in the Grant fund, to transfer local match totaling $29,386 from the General Fund and to appropriate funding totaling $144,503 as outlined on Attachment A in accounts to be established in the Grant Fund by the Director of Finance. Donald S. Caldwell Commonwealth's Attorney DSC:jsl c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Stephanie M. Moon, City Clerk Victim Witness Coordinator ATTACHMENT A PROGRAM BUDGET 1002 . Regular Employee Salaries $ 97,949 1105 City Retirement $ 9,356 1115 ICMA Retirement $ 3,355 1116 ICMA Match $ 0 1120 FICA $ 7,750 1125 Medical Insurance $ 15,120 1126 Dental Insurance $ 843 1130 Life Insurance $ 804 1131 Disability Insurance $ 275 2020 Telephone $ 850 2030 Administrative Supplies $ 2,532 2042 Dues/Membership $ 75 2044 Training and Development $ 2,335 2144 Travel $ 359 2160 Postage $ 2,900 TOTAL $144,503 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov August 17, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Acceptance of the Victim Witness Prog ram Grant I concur with the recommendation from Donald S. Caldwell, Commonwealth's Attorney for the City of Roanoke, with respect to the subject reference above. I recommend that City Council accept the Victim/Witness Grant #1 0-P8554VW09 of $115,117 with the City of Roanoke providing $29,386 as a local cash match from the funding provided in the Transfer to Grant Fund account. Respectfully submitted, Darlene L. Burc City Manager DLB:jb c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance C009-00003 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., SUite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk August 20, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38567-081709 appropriating funding from the Federal government's American Reinvestment and Recovery Act (ARRA) through the Commonwealth of Virginia for the Workforce Investment Act (WIA); and amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 17,2009; and is in full force and effect upon its passage. Sincerely, ~m,.~ Stephanie M. Moon, CMC City Clerk Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Jane R. Conlin, Director, Human Services o IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of August, 2009. No. 38567-081709. AN ORDINANCE to appropriate funding from the Federal government's American Reinvestment and Recovery Act (ARRA) through the Commonwealth of Virginia for the Workforce Investment Act (WIA), amending and reordainingcertain sections of the 2009- 2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: . Appropriations ARRA WIA FY09 Administrative - Reg Wages ARRA WIA FY09 Administrative - Retirement ARRA WIA FY09 Administrative - FSA Match ARRA WIA FY09 Administrative - FICA ARRA WIA FY09 Administrative - Medical Ins ARRA WIA FY09 Administrative - Dental Ins ARRA WIA FY09 Administrative - Life Ins ARRA WIA FY09 Administrative - Disability Ins ARRA WIA FY09 Administrative - Training ARRA WIA FY09 Administrative - Marketing ARRA WIA FY09 Administrative - Supplies ARRA WIA FY09 Administrative - Contract Svcs ARRA WIA FY09 Administrative - Equipment ARRA WIA FY09 Adult - Reg Wages ARRA WIA FY09 Adult - Retirement ARRA WIA FY09 Adult - FICA ARRA WIA FY09 Adult - Medical Ins ARRA WIA FY09 Adult - Dental Ins ARRA WIA FY09 Adult- Life Ins ARRA WIA FY09 Adult - Disability Ins ARRA WIA FY09 Adult - Marketing ARRA WIA FY09 Adult -Contract Svcs ARRA WIA FY09 Adult - Equipment ARRA WIA FY09 Dislocated - Reg Wages ARRA WIA FY09 Dislocated - Retirement 35-R09-0943-1002 35-R09-0943-1105 35-R09-0943-1118 35-R09-0943-1120 35-R09-0943-1125 35-R09-0943-1126 35-R09-0943-1130 35-R09-0943-1131 35-R09-0943-2044 35-R09-0943-8053 35-R09-0943-8055 35-R09-0943-8057 35-R09-0943-8059 35-R09-0944-1002 35,.R09-0944-1105 35-R09-0944-1120 35-R09-0944-1125 35-R09-0944-1126 35-R09-0944-1130 35-R09-0944-1131 35-R09-0944-8053 35-R09-0944-8057 35-R09-0944-8059 35-R09-0945-1002 35-R09-0945-1105 $51,685 7,959 140 3,954 . 5,389 302 837 146 2,000 2,000 500 26,595 500 1,758 271 135 120 7 15 5 2,000 153,485 686 1,758 271 ARRA WIA FY09 Dislocated - FICA ARRA WIA FY09 Dislocated - Medical'ns ARRA WIA FY09 Dislocated - Dental Ins ARRA WIA FY09 Dislocated - Life Ins ARRA WIA FY09 Dislocated - Disability Ins ARRA WIA FY09 Dislocated - Marketing ARRA WIA FY09 Dislocated - Contract Svcs, ARRA WIA FY09 Dislocated - Equipment ARRA WIA FY09 Youth In School- Reg Wages ARRA WIA FY09 Youth In School- Retirement ARRA WIA FY09 Youth In School- FICA ARRA WIA FY09 Youth In School- Medical Ins ARRA WIA FY09 Youth In School- Dental Ins ARRA WIA FY09 Youth In School- Life Ins ARRA WIA FY09 Youth In School- Disability Ins ARRA WIA FY09 Youth In School- Marketing ARRA WIA FY09 Youth I n School - Contract Svcs ARRA WIA FY09 Youth In School- Equipment ARRA WIA FY09 Youth Out of School- Reg Wages ARRA WIA FY09 Youth Out of School- Retirement ARRA WIA FY09 Youth Out of School - FICA ARRA WIA FY09 Youth Out of School- Medical'ns ARRA WIA FY09 Youth Out of School- Dental Ins ' ARRA WIA FY09 Youth Out of School- Life Ins ARRA WIA FY09 Youth Out of School- Disability Ins ARRA WIA FY09 YOl.Jth Out of School- Marketing ARRA WIA FY09 Youth Out of School - Contr Svcs ARRA:WIA FY09 Youth Out of School- Equipment Revenues ARRA WIA Grant FY09 35-R09-0945-1120 35-R09-0945-1125 35-R09-0945-1126 35-R09-0945-1130 35-R09-0945-1131 35-R09-0945-8053 35-R09-0945-8057 35-R09-0945-8059 35-R09-0946-1002 35-R09-0946-1105 35-R09-0946-112G 35-R09-0946-1125 35-R09-0946-1126 35-R09-0946-1130 35-R09-0946-1131 35-R09-0946-8053 35-R09-0946-8057 35-R09-0946-8059 35-R09-094 7 -1002 35-R09-094 7 -1105 35-R09-0947-1120 35-R09-0947-1125 35-R09-0947-1126 35-R09-0947-1130 35-R09-094 7 -1131 35-R09-094 7 -8053 35-R09-0947-8057 35-R09-094 7-8059 135 120 7 15 5 2,000 380,557 1 ,400 3,339 424 256 229 13 27 10 2,000 184,556 467 1 ,431 182 110 98 6 12 4 2,000 77,959 192 35-R09-0943-2914 920,072 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: i-I- I.. '., m. rnCXMJ 1~~YClerk. ./ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk August 20,2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38566-081709 accepting funding, in the amount of $920,072.00, for the purpose of administering the Workforce Investment Act (WIA) funding for certain WIA client populations; and authorizing the City Manager to execute the requisite documents necessary to accept the funding. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 17,2009. Sincerely, ~h,~ Stephanie M. Moon, CMC City Clerk Attachment pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Jane R. Conlin, Director, Human Services r;;pu IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 2009. No. 38566-081709. A RESOLUTION accepting the funding for the Western Virginia Workforce Development Board's Workforce Investment Act (WIA) program, and authorizing the City Manager to execute the requisite documents necessary to accept the funding. BE ITRESOLVED by the Council of the City of Roanoke as follows: 1. Funding in the amount of $920,072, for the purpose of administering the Workforce Investment Act ("WIA") funding for certain WIA client populations, as more particularly set out in the City Manager's letter dated August 17,2009, to City Council, is hereby ACCEPTED. 2. The City Manager is authorized to execute and file, on behalf of the City, any documents required to accept such funding, in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the a~ceptance of the foregoing funding. ATTEST: ~m.dhn/fY\.J City Clerk. - l K:\David\Council W ork\western va workforce developmentlresolution-8-17 -09 .doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov August 17, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Funding for Western Virginia Workforce Development Board Work-Force Investment Act (WIA) Programs Background: The City of Roanoke is the grant recipient for Workforce Investment Act (WIA) funding, thus, City Council must appropriate the funding for all grants and other monies received in order for the Western Virginia Workforce Development Board to administer WIA programs. The Western Virginia Workforce Development Board administers the federally funded Workforce Investment Act (WIA) for Area 3, which encompasses the counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the cities of Covington, Roanoke, and Salem. WIA funding is for four primary client populations: · Dislocated workers who have been laid off from employment through no fault of their own; · Economically disadvantaged individuals as determined by household income guidelines defined by the U.S. Department of Labor; · Youth who are economically disadvantaged, or who have other barriers to becoming successfully employed adults; and · Businesses in need of employment and job training services. Honorable Mayor and Members of City Council August 17, 2009 Page 2 The Western Virginia Workforce Development Board has received a Notice of Obligation (NOO) for the American Recovery & Reinvestment Act, from the Virginia Community College System, allocating $176,091 for the Adult Program which serves economically disadvantaged adults, allocating $429,186 for the Dislocated Worker Program which serves workers laid off from employment through no fault of their own, and allocating $414,795 for the Youth Program (of which $100,000 of the allocation was previously voted on at the May 18,2009 Roanoke City Council meeting) which serves economically disadvantaged youth for the period of February 17, 2009 - June 30, 2011. At the June 12, 2009 Western Virginia Workforce Development Board Meeting the board voted to allocate $920,072, of the American Recovery & Reinvestment Program funding as required. Ten percent of the aforementioned totals are to be allocated to the administrative function of the Western Virginia Workforce Development Board. Considerations: · Program Operations - Existing activities will continue and planned programs will be implemented. · Funding - Funds are available from the Grantor agency and other sources as indicated, at no additional cost to the City. Recommendations: Accept the Western Virginia Workforce Development Board American Recovery & Reinvestment Act Workforce Investment funding. Establish a revenue estimate in account 35-R09-0943-2914 in the amount of $920,072 and appropriate the same amount in accounts to be established in the Grant Fund by the Director of Finance (see attached for unit/object code allocations). Respectfully submitted, Darlene L. Burc City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget R. Brian Townsend, Assistant City Manager for Community Development Jane R. Conlin, Director of Human Services CM09-00 142 Workforce Investment Act ARRA Grant Funding Summary: Allocation Summary Administrative Adult Dislocated Worker Youth In-School Youth Out-ot-School Total Total Grant Amount 102,007.00 158,482.00 386,268.00 261,321.00 111,994.00 1,020,072.00 Council Vote Complete May 18, 2009 70,000.00 30,000.00 100,000.00 July Council Letter Amounts 102,007.00 158,482.00 386,268.00 191,321.00 81,994.00 920,072.00 Coding see below see below see below see below see below I Administrative Allocation Unit Fund/DepartmenU Object Account Name Unit Code Name Allocation Admininstrative 35-R09-0943 1002 Regular Employee Salaries $ 51,685 1120 Fica $ 3,954 1105 City Retirement $ 7,959 1118 FSA Match $ 140 1125 Medical Insurance $ 5,389 1130 Lite Insurance $ 837 1131 Disability Insurance $ 146 1126 Dental Insurance $ 302 8053 Marketing $ 2,000 8055 Supplies $ 500 8059 Equipment $ 500 2044 Training & Development $ 2,000 8057 Contract Services $ 26,595 Total $ 102,007 Adult Allocation Unit Fund/DepartmenU Object Account Name Unit Code Name Allocation Adult 35-R09-0944 1002 Regular Employee Salaries $ 1,758 1120 Fica $ 135 1105 City Retirement $ 271 1125 Medical Insurance $ 120 1130 Lite Insurance $ 15 1131 Disability Insurance $ 5 1126 Dental Insurance $ 7 8053 Marketing $ 2,000 8059 Equipment $ 686 8057 Contract Services $ 153,485 Total $ 158,482 Dislocated Worker Allocation Unit Name Dislocated Worker Total Fund/Department! Unit 35-R09-0945 Youth In-School Allocation Unit Name Youth In School Total FundlDepartment! Unit 35-R09-0946 Youth Out-Of-School Allocation Unit Name Youth Out School Total FundlDepartment! Unit 35-R09-0947 Object Code Object Code Account Name 1002 Regular Employee Salaries 1120 Fica 1105 City Retirement 1125 Medical Insurance 1130 Life Insurance 1131 Disability Insurance 1126 Dental Insurance 8053 Marketing 8059 Equipment 8057 Contract Services $ $ $ $ $ $ $ $ $ $ $ Allocation 1,758 135 271 120 15 5 7 2,000 1 ,400 380,557 386,268 Account Name 1002 Regular Employee Salaries 1120 Fica 1105 City Retirement 1125 Medical Insurance 1130 Life Insurance 1131 Disability Insurance 1126 Dental Insurance 8053 Marketing 8059 Equipment 8057 Contract Services $ $ $ $ $ $ $ $ $ $ $ Allocation 3,339 256 424 229 27 10 13 2,000 467 184,556 191,321 Object Account Code Name Allocation 1002 Regular Employee Salaries $ 1 ,431 1120 Fica $ 110 1105 City Retirement $ 182 1125 Medical Insurance $ 98 1130 Life Insurance $ 12 1131 Disability Insurance $ 4 1126 Dental Insurance $ 6 8053 Marketing $ 2,000 8059 Equipment $ 192 8057 Contract Services $ 77,959 $ 81,994 All Units Grand Total $ 920,072 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk August 20,2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching' copy of Resolution No. 38568-081709 accepting from the Virginia Department of Historic Resources a Certified Local Government Grant, in the amount of $2,000.00, with no local matching funds required by the City, to support a three-day Window Restoration College workshop; and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 17,2009.' , Sincerely, ~'m.~l)~ Stephanie M. Moon, CMC ~ City CI erk Attachment pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Tom Carr, III, Director, Planning Building and Development ';)~~, IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 11th day of August, 2009. No. 38568-081709. A RESOLUTION authorizing the acceptance of a Certified Local Government Grant from the Virginia Department of Historic Resources and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Historic Resources a Certified Local Government Grant in the amount of $2,000, with no local matching funds required by the City, such funding being used to support a three-day Window Restoration College workshop, all ofwhich is more particularly described in the City Manager's letter dated August 17,2009, to City Council. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, any and all requisite documents pertaining to the City's acceptance of the grant, such documents to be approved as to fonn by the City Attorney, and to furnish such additional information as may be required by the Virginia Department of Historic Resources in connection with the grant. ATTEST: ~ht. hJ~ryJ City Clerk. R-CLG gt"ant-historic resollrces2.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov August 17, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Acceptance of DHR Certified Local Government Grant Background: Virginia's Department of Historic Resources (DHR) is required by provisions of the National Historic Preservation Act to grant at least 10% of its annual Historic Preservation Fund monies to Certified Local Governments (CLG) in the state. The CLG Grant Program can be used for a variety of projects including surveys, National Register nominations, preparation of preservation plans, and educational events. In response to DHR's 2009-2010 Request for Applications, the City of Roanoke's Department of Planning Building and Development applied for funds to support a three-day Window Restoration College workshop taught by well-know preservation speaker and craftsman, Bob Yapp. The Window Restoration College is a tuition-based class that will be open to up to 12 participants. The participants will learn cost-effective methods behind the rehabilitation of original, double-hung wooden windows through the hands-on restoration of three to six double-hung window units from beginning to end. Students will learn safe paint and glass removal, epoxy repair, glazing putty application, weather-stripping and sash installation. Additionally, the class is intended to develop window restoration skills among local contractors, create an opportunity for participant learning, and to help a deserving homeowner save original windows in a historic residential property. Honorable Mayor and Members of City Council August 17, 2009 Page 2 This effort continues to b_uild on the Renovate Roanoke preservation fairs held in 2007 and 2008 and advances goals of the City's Comprehensive Plan emphasizing strong, sustainable neighborhoods; DHR has awarded the City of Roanoke a CLG Grant in the amount of $2,000. No City matching funds are required. Considerations: City Council action is needed to formally accept and appropriate the grant funds to support the workshops. Recommended Action: Authorize the City Manager to execute any required grant agreements or documents necessary to accept the CLG grant, such to be approved as to form by the City Attorney, and to take any necessary actions to revise, implement and administer such grant. Respectfully submitted, Darlene L. Burcham City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance . R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Tom Carr, Director of Planning Building and Development Erica Taylor, City Planner II CM09-00 141 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk August 20,2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38569-081709 accepting from the National Trust for Historic Preservation a Certified Local Government Grant, in the amount of $2,000.00, with no local matching funds required by the City, to support a three-day Window Restoration College workshop; and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 17, 2009. Sincerely, - drl. ~bM.J ephanie M. Moon, CMC \.. City Clerk Attachment pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Tom Carr, III, Director, Planning Building and Development ~~~'" IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 17th day of August, 2009. No. 38569-081709. A RESOLUTION authorizing the acceptance of a Certified Local Government Grant from the National Trust for Historic Preservation and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council ofthe City of Roanoke that: 1. The City Manager is hereby authorized on behalf of the City to accept from the. National Trust for HIstoric Preservation a Certified Local Government Grant in the amount of $2,000, with no local matching funds required by the City, such funding being used to support a three-day Window Restoration College workshop, all of which is more particularly described in the City Manager's letter dated August 17,2009, to City CounciL 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, any and all requisite documents pertaining to the City's acceptance of the grant, such documents to be approved as to fonn by the City Attorney, and to furnish such additional information as may be required by the National Trust for Historic Preservation in connection with the grant. ATTEST: ~h1. Yl1bW City Clerk. l R-National Trust grant.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov August 17, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Acceptance of National Trust for Historic Preservation Grant Background: The National Trust for Historic Preservation (NTHP) is a private, nonprofit membership organization dedicated to saving historic places and revitalizing America's communities. Founded in 1949, the Trust provides leadership, education, advocacy, and resources to protect the irreplaceable places that tell America's story. Grants from National Trust Preservation Funds (NTPF) are intended to encourage preservation at the local level by providing seed money for preservation projects. The Preservation Funds provide two types of assistance to nonprofit organizations and public agencies: matching grants for planning and educational efforts and intervention funds for preservation emergencies. The matching grants are awarded annually in three competitive grant rounds (February 1 , June 1, and October 1) and may be used to obtain professional expertise in such areas as architecture, archeology, engineering, preservation planning, land-use planning, fund raising, organizational development, and law, as well as preservation activities to educate the public. With the intent to match the $2,000 in funding received from Virginia Department of Historic Resources, the City of Roanoke's Department of Planning Building and Development applied to the National Trust for Historic Preservation for funds in the matching grants category to support a three-day Window Restoration College workshop taught by well-known preservation speaker and craftsman, Bob Yapp. Honorable Mayor and Members of City Council August 17, 2009 Pag e 2 The Window Restoration College is a tuition-based class that will be open to up to 12 participants. The participants will learn cost-effective methods behind the rehabilitation of original, double-hung wooden windows through the hands-on restoration of three to six double-hung window units from beginning to end. Students will learn safe paint and glass removal, epoxy repair, glazing putty application, weather-stripping and sash installation. Additionally, the class is intended to develop window restoration skills among local contractors, create an opportunity for participant learning, and to help a deserving homeowner save original windows in a historic residential property. ,I This effort continues to build on the Renovate Roanoke preservation fairs held in 2007 and 2008 and advances goals of the City's Comprehensive Plan emphasizing strong, sustainable neighborhoods. The NTHP has awarded the City of Roanoke a CLG Grant in the amount of $2,000. No City matching funds are requited. Considerations: City Council action is needed to formally accept and appropriate the grant funds to support the workshops. Recommended Action: Authorize the City Manager to execute any required grant agreements or documents, such to be approved as to form by the City Attorney, and to take any necessary actions to revise, implement and administer such grant. Respectfully submitted, ~ Darlene L. Burc City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director of Management and Budget Tom N. Carr, Director, Planning Building and Development Erica J. Taylor, City Planner II CM09-00 140 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk August 20,2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: CECELIA T. WEBB Assistant Deputy City Clerk I am attaching copy of Budget Ordinance No. 38571-081709 appropriating funding from the Federal government's American Recovery and Reinvestment Act (ARRA) for the Office of Community Oriented Policing Services (COPS) COPS Hiring Recovery Program (CHRP) to provide funding for five police officers for a period of three years; and amending and' reordaining certain sections of the 2009-2010 . Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular me~ting held on Monday, August 17, 2009; and is in full force and effect upon its passage. Sincerely, ~Jr" ~-vJ Stephanie M. Moon, CMC City Clerk Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget A. L. Gaskins, Chief of Police \l! IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of August, 2009. No. 38571-081709. AN ORDINANCE to appropriate funding from the Federal government's . American Recovery and Reinvestment Act (ARRA) for the Office of Community Oriented Policing Services (COPS) COPS Hiring Recovery Program (CHRP) to provide funding for five (5) police officers for a period of three (3) years, amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations ARRA COPS CRHP - .Regular Wages ARRA COPS CRHP - Retirement ARRA COPS CRHP - FICA ARRA COPS CRHP - ICMA Match ARRA COPS CRHP - Medical Insurance ARRA COPS CRHP - Dental Insurance ARRA COPS CRHP - Life Insurance ARRA COPS CRHP - Disability Insurance Revenues ARRA COPS CRHP Grant FY1 0 35-R09-0958-1 002 35-R09-0958-1105 35-R09-0958-1120 35-R09-0958-1116 35-R09-0958-1125 35-R09-0958-1126 . 35-R09-0958-1130 35-R09-0958-1131 . $ 523,535 80,730 40,050 9,750 84,480 4,110 4,375 145 35-R09-0958-2919 747,175 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~fr). rnb~ City Clerk. l CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov CECELlA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk August 20, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38570-081709 authorizing acceptance from the American Recovery and Reinvestment Act of 2009 (ARRA), the COPS Hiring Recovery Program funding, in the amount of $747,175.00, with no local match required, to pay for salary and benefits of five police officers for a three-year period; and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 17,2009. Sincerely, . ~m. "'bb'u Stephanie M. Moon, CMC C City Clerk Attachment pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget A. L. Gaskins, Chief of Police cJV1{ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of August, 2009. No. 38570-081709. A RESOLUTION authorizing acceptance of the COPS Hiring Recovery Program funding made to the City of Roanoke by the American Recovery and Reinvestment Act of2009 (ARRA), and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council ofthe City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the American Recovery and Reinvestment Act of2009 (ARRA), the COPS Hiring Recovery Program funding in the amount of$747, 175, with no local match required, to pay for the salary and benefits of five police officers for a three year period. The funding is more particularly described in the letter of the City Manager to Council dated August 17,2009. 2. The City Manager is hereby authorized to execute and file, on behalf ofthe City, any documents setting forth the conditions of the funding in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding. ATTEST: ~~ht.h1olYv City Clerk. . . / K:\Tim\measmes\R-COPS Hiring Recovery Program.8-17-09.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov August 17, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: COPS Hiring Recovery prog ram The American Recovery and Reinvestment Act of 2009 (ARRA) provided funding to local governments for strengthening and enhancing law enforcement services. The Office of Community Oriented Policing Services (COPS), a division of the United States Department of Justice is administering a portion of the ARRA funding through the COPS Hiring Recovery Program (CHRP). The funding allows for the hiring of full time sworn police officers. On July 28, 2009, the police department was awarded $747,175 in ARRAjCHRP program funding. This award will pay the salary and benefits of five police officers for a three year period. At the conclusion of the third year, the City must adopt the salary and benefits of the officers into the general budget and continue their employment for a minimum of 12 additional months. There is no other required local match. The officers hired as a result of this grant award will be used within our Southside enforcement team for on-going efforts to address recurring issues in identified areas of the City. The officers will be deployed to areas that have been identified through crime analysis as experiencing increases in crime such as larceny, burglary and drug offenses. Honorable Mayor and Members of City Council August 17, 2009 Pag e 2 Recommended Action Accept the COPS Hiring Recovery Program funding described above and authorize the City Manager and Police Chief to execute the grant agreement and any related documents; such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $747,175 and to appropriate the same in accounts to be established in the Grant Fund by the Director of Finance. Appropriation Regular Employee Salary FICA Retirement ICMA Match Medical'nsurance Dental Insurance Life Insurance Disability Insurance 1002 1120 11 05 1116 1125 1126 1130 11 31 $523,535 $ 40,050 $ 80,730 $ 9,750 $ 84,480 $ 4,110 $ 4,375 $ 145 $747,175 Total /' Respectfully submitted, Darlene L. Burc City Manager DLB:gws c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney' Ann H. Shawver, Director of Finance R. Brian Townsend, Asst. City Manager, Community Development A. L. Gaskins, Chief of Police Sherman M. Stovall, Director of Management and Budget CM09-00147 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk August 20,2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38572-08.1709 authorizing, on behalf of the City, acceptance from the Virginia Department of Criminal Justice Services (DCJS), the V-STOP/ARRA Grant, in the amount of $70,657.00, with a local match of $23,552.00, to employ in the Police Department a part-time evening shift Domestic Violence Specialist and elevate the civilian Sexual Violence Coordinator's position from part time to full time status; and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 17,2009. Sincerely, ~l'r1. Yrjr0-0 Stephanie M. Moon, CMC City Clerk Attachment pc: William M. Hackworth, City Attorney AnnH. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget A L. Gaskins, Chief of Police ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of August, 2009. No. 38572-081709. A RESOLUTION authorizing acceptance of the V-STOP/ARRA Grant made to the City of Roanoke by the Virginia Department of Criminal Justice Services (DCJS), and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Criminal Justice Services (DCJS), the V-STOP/ARRA Grant in the ~ount of $70,657, with a local match of$23,552, to employ in the Police Department a part time evening shift Domestic Violence Specialist and elevate the civilian Sexual Violence Coordinator's position from part time to full time status. The grant is more particularly described in the letter of the City Manager to Council dated August 17,2009. 2. The City Manager is hereby authorized to execute and file; on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing grant. ATTEST: ~ InlYJDhV City Clerk. K\Tim\measures\R-VSTOP ARRA GRANT.8-17-09.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov CECELlA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk August 20, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38573-081709 appropriating funding from the Federal government's American Recovery and Reinvestment Act (ARRA) through the Commonwealth of Virginia Department of Criminal Justice Services (DCJS) for their Virginia Services, Training, Officers, Prosecution Violence Against Women (V-STOP) program; and amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 17, 2009; and is in full force and effect upon its passage. Sincerely, ~'r<\,::t~~ Stephanie M. Moon, CMC City Clerk Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget A. L. Gaskins, Chief of Police ) ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of August, 2009. No. 38573-081709. AN ORDINANCE to appropriate funding from the Federal government's American Recovery and Reinvestment Act (ARRA) through the Commonwealth of Virginia Department of Criminal Justice Services (DCJS) for their Virginia Services, Training, Officers, Prosecution Violence Against Women (V-STOP) program, amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations ARRA VSTOP EDVS - Temp Wages ARRA VSTOP EDVS ~ FICA ARRA VSTOP FTSVC - Reg Wages ARRA VSTOP FTSVC - Retirement ARRA VSTOP FTSVC - FICA ARRA VSTOP FTSVC - Medical Ins ARRA VSTOP FTSVC - Dental Ins ARRA VSTOP DDVS - Reg Wages Revenues ARRA VSTOP Grant FY10 35-R09-0955-1004 35-R09-0955-1120 35-R09-0956-1002 35-R09-0956-1105 35-R09-0956-1120 35-R09-0956-1125 35-R09-0956-1126 35-R09-0957 -1002 35-R09-0955-2918 $ 39,312 3,007 7,4 75 7,938 572 6,750 411 5,192 70,657 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: U-f~M. hi~ ~~ City Clerk. C CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov August 17, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: V-STOP/ ARRA Grant Background: The Virginia Department of Criminal Justice Services (DCJS) provides grant funding for programs and activities which increase the apprehension, prosecution and adjudication of persons committing violent crimes against women. The program, "Virginia Services, Training, Officers, Prosecution Violence Against Women" (V-STOP) is one of these programs. The American Recovery and Reinvestment Act of 2009 (ARRA) provided increased funding to the DCJS, V-STOP program. On July 20, 2009, DCJS awarded the Police Department $70,657 in V-STOP/ ARRA funding to leverage other grant funding which will enhance our efforts to protect women from violent criminal activity. Specifically, the granted funds will be used to cover anticipated program cuts to our on-going V-STOP grant projects, allow for the staffing of a part time evening shift Domestic Violence Specialist and elevate the civilian Sexual Violence Coordinator's position from part time to full time status. A required local match of $23,552 will be met through in-kind services. Recommended Action: Accept the V-STOP/ ARRA grant funding described above and authorize the City Manager to execute the grant agreement and any related documents, in such form as is approved by the City Attorney. Honorable Mayor and Members of City Council August 17, 2009 Pag e 2 Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $70,657 and to appropriate the same in accounts to be established in the Grant Fund by the Director of Finance. Appropriation: Domestic Violence Specialist Regular Employee Salaries 1002 $ 5,192 Evening Domestic Violence Specialist Temporary Wages 1004 FICA 1120 $39,312 $ 3,007 Sexual Violence Coordinator Regular Employee Salaries FICA Medical Insurance Dental Insurance Retirement 1002 1120 1125 1126 11 05 $ 7,475 $ 572 $ 6,750 $ 411 $ 7,938 $ 70,657 TOTAL Respectfully submitted, \ Darlene L. Bu~ ham City Manager DLB:gws c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Asst. City Manager for Community Development A. L. Gaskins, Chief of Police Sherman M. Stovall, Director of Management and Budget CM09-00 148 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.goy CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk August 20, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38574-081709 authorizing the City Manager to execute Amendment No.3 to an Intergovernmental Agreement dated December 17, 1997, with Roanoke County concerning the Regional 800 MHz Trunking Radio System, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 17,2009; and is in full force and effect upon its passage. Sincerely, JftM~ ar,. mlAW Stephanie M. Moon, CMC ~ City Clerk Attachment pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Roy M. Mentkow, Director of Technology f:':' r ' D1L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of August, 2009. No. 38574-081709. AN ORDINANCE authorizing the City Manager to execute Amendment No.3 to an Intergovernmental Agreement ("Agreement"), dated December . 17, 1997, with' Roanoke County ("County") concerning the Regional 800 MHz Trunking Radio System ("System"), upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke ("City") entered into an agreement with Roanoke County on December 17, 1997, for the installation and maintenance of the System; WHEREAS, the Agreement has been amended twice by amendments dated October 1, 2001, and September 19, 2005, for the purpose of providing further details governing the operation of the joint System and the relationship between the City and County, and to authorize the City to work jointly with the County in hiring a consultant in, connection with the FCC rebanding ofcertain radio frequencies; .and WHEREAS, the Agreement needs to be further amended to provide a clear, concise and measurable description of the services, responsibilities, duties and costs of such services to maintain the System provided by the County to the City under the Agreement. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute an amendment to the existing Agreement with Roanoke County to provide a clear, concise and measurable f. 4'.~ . " description of the services, responsibilities, duties and costs of such services to maintain the System provided by the County to the City under the Agreement, as more particularly stated in the City Manager's letter to Council dated August 17,2009, such amendment to be in form as approved by the City Attorney. 2. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading ofthis ordinance by title is hereby dispensed with. ATTEST ~~.InDtMJ City Clerk I K:\David\Council W ork\O-Radio Maintenance-3rd amendment-8- I 7-09.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov August 17, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable M. Rupert Cutler, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Service Level Agreement for Radio Maintenance with Roanoke County Background: I An Intergovernmental Agreement dated December 17, 1997, between the City of Roanoke and the County of Roanoke established a joint Public Safety Radio System ('System'). Since the creation of this partnership the City and County have effectively operated their E-911 public radio systems as a joint, unified system for the protection and benefit of the citizens of both localities. The original Intergovernmental Agreement has been amended twice previously. The first amendment in 2001 provided further details governing the operation of this joint system and the relationship between the City and County. The second amendment in 2007 authorized the County and City to act jointly through the Roanoke County Purchasing Department to obtain a qualified consultant to provide expertise and guidance in the planning of the 'rebanding' or migration of frequencies per a Federal Communications Commission's (FCC) mandate. The City of Roanoke and Roanoke County desire to further amend the Agreement to provide a clear, concise, and measurable description of the services, responsibilities, duties and costs of such services to maintain the System provided by the County to the City under the Agreement. Honorable Mayor and Members of City Council, August 17, 2009 Page 2 Considerations: The Service Level Agreement with Roanoke County will provide the City of Roanoke with enhanced support services on the joint 800MHz trunking system at no additional cost to the City. The City will pay the County $102,104.50 per year for services, and a total of $1 7,100 a year for maintenance services. Recommended Action: Approve Amendment No.3 to the Agreement between Roanoke County and the City of Roanoke for the joint Public Safety Radio System, in the form that such proposed Amendment is attached to this letter, including the attached Service Level Agreement between the City of Roanoke and the County of Roanoke dated July 1, 2009; such amendment to be approved as to form by the City Attorney. Respectfully submitted, Darlene L. B rcham City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget James Grigsby, Assistant City Manager for Operations Roy M. Mentkow, Director of Technology CM09-00146 AMENDMENT THREE TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ROANOKE AND THE COUNTY OF ROANOKE This Amendment Three to "Intergovernmental Agreement for the Establishment of a Joint Public Radio Safety Agreement ("Agreement")" dated between the City of Roanoke ("City") a political subdivision of the Commonwealth of Virginia, and the County of Roanoke ("County") a political subdivision of the Commonwealth of Virginia, is dated this , day of 2009, WITNESSETH: WHEREAS, the City and County entered into an Agreement dated December 17, 1997, that caused the County's existing 800 MHZ trunked radio communications system ("System") to be expanded and to serve both the City and the County's fire, police, emergency and other radio communication needs pursuantto Section 15.2-1300 of the Code of Virginia (1950) as amended; WHEREAS, the Agreement was amended by subsequent agreement dated October 1, 2001, for the purpose of providing the details relating to the operation of the System and the relationship among the City and County; WHEREAS, the Agreement was amended by subsequent agreement dated for the purpose of providing details related to the operation and implementation of the required reconfiguration of the 800 MHZ band and to authorize the issuance of a joint RFP between the City and the County for the purpose of hiring a consultant and/or legal counsel to assist with contract negotiations with Nextel in connection with such reconfiguration. WHEREAS, the parties desire to further amend the Agreement to provide a clear, concise and measurable description of the services, responsibilities, duties and costs of such services provided by the County to the City under the Agreement. NOW, THEREFORE, in consideration of the agreements and mutual promises contained in the Agreement, the parties agree as follows: 1. The City and the County acknowledge and agree that the services the County provides the City under the terms of the Agreement shall be governed by the terms and conditions contained with the attached SerVice Level Agreement between the City of Roanoke and the County of Roanoke dated July 1, 2009, which is hereby incorporated into the Agreement and made a part hereof. To the extent there is any conflict between the Agreement and the attached Service Level Agreement, the Service Level Agreement shall control. 1 2. The remaining terms and conditions to the Agreement, including its Amendments One and Two, and except as modified as stated herein, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have signed this Amendment One by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA Title: By Darlene L. Burcham, City Manager ATTEST: COUNTY OF ROANOKE, VIRGINIA Title: By Name: Title: Approved as to Form: Approved as to Execution Assistant City Attorney Assistant City Attorney Assistant County Attorney Assistant County Attorney Certification of Funds Required For this Amendment Three Certified 2 Roanoke City Director of Finance Acct. No. 3 Roanoke Coun~." INFORMATION ~CHNOLOGY Service Level Agreement (SLA) . . Service Name: Radio Communications Maintenance and Support Designated Customer: City of Roanoke . . Prepared By '.'[)OCI,I.nel'1tp\Nl'1~r(~) Bill Greeves Pt()jectlprganiz,ti<m.Rcjie Director, Information Technology Manager, IT Infrastructure Services Supervisor, Communications Shop Bill Hunter Rodney Thompson Version Ver.;ion Date Author ..... Ch"ngf!D~crip~i()1l .. 3 7/1/09 Bill Hunter Addition of 800 MHZ Radio Repair TABLE OF CONTENTS 1 G EN ERAL OVERVI EW .... ................ .......... ....................................... ....................... ................3 2 SERVI C E D ESC RI PTI 0 N......................................................................................................... 3 3 ROLES AN D RES PO NSI BILITIES ................. ...................... ................ .............. .............. ........4 4 REQUESTING SERVIC E . .... ... ............ ....... .... ... ................................... ....... .................. ... ........5 5 HOURS OF COVERAGE, RESPONSE TIMES & PRIORITIZATION .....................................5 6 MAINTENANCE AND SERVICE CHANGES ...........................................................................6 7 P RI C I N G ............ ...................................... ......................... .............. .......................................... 7 8 REPO RTI NG, REVI EWING AND AUDITING...................... ................ ....... ........ ........ ...: ..........8_ 9 APP ROV ALS. ... .......... ................. ...... ...... .... ... ............ ............................................. ........... ......8 Page 2 1 General Overview This is a Service level Agreement (USLA") between Roanoke County, Information Technology Department (County IT) and the City of Roanoke Department of Technology (City DOT). This agreement is written under the authorization of the Intergovernmental Agreement between the City and County of Roanoke dated December 17, 1997. Radio system management and dispute resolution shall follow those outlined in Section VII of the Intergovernmental Agreement. The objective of the SlA is to present a clear, concise and measurable description of the services provided. Below this document will define the following: · The technology service County IT provides to the designated customer. · The general levels of roles and responsibilities; requesting service, hours of coverage, response times and prioritization. · The responsibilities of County IT and it's Communication Shop, as a provider of these services and of the customer receiving services for maintenance & charges, pricing, reporting, reviewing and auditing. While the County IT Communications Shop will make every effort to provide the same high quality service and repairs the City DOT is used to receiving from Motorola Inc., the following should be noted; we are not a multinational company, but rather a local government committed to meeting the needs of our radio systems partner. There will be a period of adjustment as the City DOT and County IT Communications Shop move from Nationally Contracted Maintenance and Repair Services to local Service. We invite you to work closely with us as we refine our procedures, where possible, to meet your needs. We will plan Monthly service meetings to discuss current maintenance/repair issues and work order response/prioritization. This SLA covers the period from July 1, 2009 to June 30, 2010 and will be reviewed and revised at the end of this period. Either party may terminate this agreement at any time; however every effort will be made to give 180 days notice, delivered to the appropriate director, in writing prior to the termination of this agreement. . . 2 Service Description 2.1 Service Scope Microwave Radio Communications System Maintenance Microwave Radio Communications System Repair 800 MHZ Analog Radio Communications System Maintenance 800 MHZ Analog Radio Communications System Repair Emergency Dispatch 800 MHZ Radio Console Communications Maintenance * Emergency Dispatch 800 MHZ Radio Console Communications Repair * *This does not include Computer Aided Dispatch Systems, Emergency Telephone, or non- Emergency telephone systems. 2.2 Assumptions · Major upgrades will be treated as projects outside of the scope of this Agreement. · Funding for major updates will be negotiated on a service-by-service basis. Page 3 · Changes to services will be communicated and document to all stakeholders via Email and updated SLA · Scheduling of all service related requests will be conducted in accordance with : descriptions listed in Section 4. . All current equipment and in-house wiring is in operational condition, . . 3 Roles and Responsibilities 3.1 Parties Communication Shop Title/Role Owner of SLA and County of Roanoke Infrastructure Services Mana er City of Roanoke Radio Technolo Administrator Service to Customer Contact Information 540fl77 -8530 or Emai/ Bhunter@.RoanokeCountvVA.aov City of Roanoke ECG Gi of Roanoke Radio Sho ~ Lead Dispatcher Communications Technician ov Earl Linkous 3.2 County IT Communications Shop Responsibilities County IT Communications responsibilities and/or requirements in support of this Agreement include: · Meet response times associated with the priority assigned to incidents and service requests. (Section 5.1) . · Generating quarterly reports on service level performance. · Appropriate notification to Customer for all scheduled maintenance via the Tracklt system or by email notification. · IT will implement defined processes to deliver these service levels. · Schedule and conduct monthly service meetings. Recommend that these meetings be scheduled immediately prior to monthly Motorola Service meetings. 3.3 Customer Responsibilities Customer responsibilities and/or requirements in support of this Agreement include: · Properly prioritize a service related incident or request (Section 5.3). · Identify the Technical Contacts (TC's) who are authorized to open/close work orders · Communicate specific service needs and requirements. · Attend and participate in monthly service meetings. . . Page 4 I' 4 Requesting Service 4.1 Request for service will be routed through the Track IT Work Order request system. County staff will answer calls for service and support as soon as possible, prioritized in the order they are received. Normal business hours are Monday through Friday 8:00 am until 5:00 pm. The work order system will respond to all requests with an e-mail from radiocall@roanokecountyva.gov that will supply the work order tracking number. This is not an e-mail address that can be communicated with directly. 4.2 The County IT Communication shop will provide 24 hours a day 365 days per year service response on all radio and microwave equipment as needed. After-hours, weekends, and County holidays a technician will communicate with City Dispatch Center within established response times. When a problem is discovered, Technical Contact will decide the priority (5,3) and submit a ticket as described above. Request, determined to be emergency, will page the County Communication Shop personnel at (540) 201-2129 immediately for response. . . 5 Hours of Coverage, Response Times & Prioritization 5.1 Hours of Coverage \ County staff will answer calls for service and support as soon as possible and will contact the City of Roanoke representative to schedule needed repairs or support. Every effort will be made to respond to emergency calls for service on critical systems within the designated response times. 5.2 Response The County IT Communication Shop will provide 24 hours a day, 365 days per year service response on all analog radio and microwave equipment as needed. After-hours, weekends and County holidays a technician will communicate with City Dispatch within established response times. When a problem is discovered, the technical Contact will decide if the problem requires immediate response and will page the standby personnel at (540) 201-2129. Severity 1 Severity 2 Severity 3 Within 2 Hours from receipt of Notification, 24/7 Within 6 Hours from receipt of Notification, Standard Business Day Within next Business Day, Standard Business Day 5.3 Prioritization The City of Roanoke Radio Technology Administrator will serve as the IT Liaison for issues concerning this agreement. The City of Roanoke Director of Technology will appoint two Technical Contacts for operational purposes and they will make all requests for service and will determine the priority level the requests are to be submitted as. Priority levels are assigned as follows: Page 5 Seventy 1 Severity 2 Severity 3 . · ReSponse is providedcoIltinuously · Maj or SystCJn failure · 33% ofSystcin down · 33% of Site channels down · Site Environttient alarms <(smoke, access1 temp, ACpower. · This level is meant tor~esenta major issue that resUlts in an unusable system,. sub.-system.,Product1 or critical features from the Customer's perspective; No Work-around or immediate solution is available. · R~sponse' during Stan,dard BU$ines$ Day . · SignificantSystem Impairment not to exceed 33% of system down · System problems. presently being monitored · This levelismeanftorepresenta'Ii1oderateisstie that limits a Customer's normal use of :the system, sub-system1 product, or ma'or non~critica.l featiires from a. Customer's ers eCtive · Response during Standard Business Day · Intermittent system issues · hlformatiOJ1questions · Upgrades/Preven.ta1ive. :maintenance · ThisJevelis 1l1eant to represent a Illinorjssuethat doesJ;lot preclude use of the syslemt sub-System, product~orcritical . {eatures from a Customer'spc:rspeclive. It znayalso represen.t a. cosmetic issue, including documen1ationerrors,generalusage qUeStions, recoimnendations for product enhancements or modifications, and scheduled events such as preventative maintenance or roductJs stemu ades. . 6 Maintenance and Service Changes 6.1 Maintenance The County IT Communications Shop will provide Quarterly maintenance inspections on the 800 MHZ simulcast radio system components located at Poor, Fort Lewis, Mill Mountains, and Crowell's Gap. County staffs will also verify GPS and High Stability Oscillator, check and clear the station error log as necessary. Semi-Annually; verify transmit and receive audio levels end to end. Verify transmit deviation levels on all channels and perform preventive maintenance on the transmitters. Clean ECC Dispatch equipment as covered in the previous Motorola contract. Inspect all sites for compliance with current radio standards. Page 6 6.2 Designated Customer Responsibilities o Maintain proper care of equipment o Use the equipment only for the intended purpose o Report equipment problems in a timely manner 6.3 Communication to customers on planned outages The County IT Communication Shop will notify the City Radio System Liaison and Technical Contacts by Email prior to removing equipment from service for maintenance or repairs, 6.4 Communication about emergency maintenance The County IT Communication Shop will notify the City Emergency Communications center by phone prior to performing emergency maintenance or repairs. . . . 7 Pricing 7.1 Hourly Rates The current agreed upon hourly rates are: Hourly labor rates for Communications support will be $37.00 per hour. These rates may be adjusted annually on July 1st, Notice of a rate change will be sent to the City of Roanoke DOT prior to December 15th for consideration in the City of Roanoke's annual budget. For service that is performed on nights, weekends or holidays the City of Roanoke DOT agrees to pay 1 Y:. times the agreed upon rate for service and support. The City of Roanoke DOT will pay annual maintenance fee of $9000.00 ($225.00 per radio) for mountaintop radio systems The City of Roanoke will pay annual maintenance fees of $8100.00 (1350.00 per link) for the microwave system repair and maintenance. Parts not covered by warranty will be charged separately. The City of Roanoke DOT wjll pay annual service contract fees of $102,104.50 for the 800 MHZ simulcast radio system and the associated City Dispatch Center equipment. This figure will be evaluated quarterly for sufficiency and will be the base point for future Service Level Agreements. Should it be determined that this figure is not sufficient for the County to continue maintenance of the system the City/County Directors will meet and determine an alternative course of action. 7:2 Billing The County IT may bill the City of Roanoke DOT "as needed" or monthly for IT services and materials for microwave materials and parts. The bills will include the following information: Date and time the service was performed, location where service was performed, description of the service performed, list of parts and materials used and the cost per unit, number of hours of labor charged and the rate. Normally, these bills will be in quarterly reconciliation documentation against the' annual service contract fees. Bills will be sent to the attention of Radio Technology Administrator. Any charges not included in the annual fees will be approved in advance by the Radio Technology Administrator. Page 7 8 Reporting, Reviewing and Auditing This Agreement is valid from the July 1, 2009 outlined herein and is valid until June 30, 2010. The Agreement should be reviewed at a minimum once per fiscal year; however in lieu of a review during any period specified, the current Agreement will remain in effect. In December of each year this agreement will be updated for the next budget year. The County Infrastructure Services Manager is responsible for facilitating regular reviews of this document. Contents of this document may be amended as required. Designed Review Owner: County Infrastructure Services Manager Review Period: Annually Previous Review Date: June 2009 Next Review Date: December 2009 . . 9 Approvals .,' e Prepared by .. Approved by County IT Director City DOT Director Page 8 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk August 20, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38575-081709 authorizing the filing of an application to amend the INPUD, Institutional Planned Unit Development plan on property, which is located at 2815 Spessard Avenue, S. W., owned by the City of Roanoke, and is designated as Official Tax No. 1640317, for the purpose of permitting construction of a gymnasium/indoor play area for the students. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 17, 2009. Sincerely, ~ rn '::::Jb1loV Stephanie M. Moon, CMC City Clerk Attachment pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Tom Carr, III, Director, Planning Building and Development /~~ 27~ 101 ([,{~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 11th day of August, 2009. No. 38515-081109. A RESOLUTION authorizing the filing of an application to amend the INPUD, Institutional Planned Unit Development, plan on property which is located at 2815 Spessard Avenue, S.W., owned by the City of Roanoke, and is designated as Official Tax No. 1640317. WHEREAS, the City of Roanoke owns certain property located at 2815 Spessard Avenue, S.W., which is designated as Official Tax No. 1640317, comprising the Grandin Court Elementary School campus; WHEREAS, such property is currently zoned INPUD, Institutional Planned Unit Development; WHEREAS, currently, Grandin Court Elementary School has no gymnasium or indoor play area for the students, and an amendment of the INPUD plan would be necessary . to provide for this structure; arid WHEREAS, it is the desire of City Council to consider the amendment of the INPUD, Institutional Planned Unit Development, plan. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That public necessity, convemence, general welfare and good zoning' practice require the filing of an application to amend the INPUD, Institutional Planned Unit Development, plan for the purpose of permitting the construction of a gymnasium/indoor play area for the students. R-City-application to amend INPUD-Gl'andin Court Elem.doc 1 2. That the City Manager is authorized to file an application, similar in form and content to the application attached to the letter dated August 17, 2009, to this Council, approved as to form by the City Attorney, to amend the INPUD, Institutional Planned Unit Development, plan for the purpose of permitting the construction of a gymnasium/indoor play area for the students. ATTEST: ~~~~Utw R-City-application to amend INPUD-Grandin Court Elem.doc 2 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov August 17, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anitaj. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Amendment of the Planned Unit Development Plan for Grandin Court Elementary School The City of Roanoke owns the property at 2815 Spessard Avenue, S.W., comprising the Grandin Court Elementary School campus. The property is zoned INPUD, Institutional Planned Unit Development District. Currently the school has no gymnasium or indoor play area for the students and an amendment of the INPUD plan would be necessary to provide for this structure. Recommended Action: Authorize the City Manager to file an application, and any necessary amended applications, to amend the INPUD plan for the property at 2815 Spessard Avenue, S.W., as reflected in the attached application. Respectfully submitted, Darlene L. Bur ham City Manager Attachments c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development CM09-00 1 51 Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, SW. Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 AUG - 6 2009 CITY OF ROANOKE '\ ANNING BU!U)l~\!:.: I\fWI '}'=\fr:l nmrr' Submittal Number: ]original Application Date: IAU9 6, 2009 I i!!:&@!!!r!!!~!!~!l@~ D Rezoning, Not Otherwise Listed D Rezoning, Conditional D Rezoning to Planned Unit Development D Establishment of Comprehensive Sign Overlay District ~@.~MfCiifffl:i!~~f$"~" Address: 12815 Spessard Ave. Roanoke, VA 24015 Official Tax No(s).: 11640317 D Amendment of Proffered Conditions [8J Amendment of Planned Unit Development Plan D Amendment of Comprehensive Sign Overlay District I I D With Conditions [8J Without Conditions Phone Number: I + 1 (540) 853-2333 E-Mail: IDarlene.Burcham@roanokeva.gOv I I Phone Number: I E-Mail: I I I Name: Address: Applicant's Signature: Phone Number: I + 1 (540) 982-0800 I E-Mail: !nhall@c1arknexsen.com I CLARK. NEXSEN Architecture & Engineering August 6, 2009 To: Roanoke City Planning Commission From: Clark Nexsen Architecture & Engineering, agent for Roanoke City Public Schools RE:. Amendment Application No.1 Amendment to INPUD for Addition to Grandin Court Elementary School Background: Grandin Court Elementary is located in southwest Roanoke City and was constructed in 1950 with additions/renovations added in 1956, 1993, and 2000. The property is currently zoned INPUD, Institutional Planned Unit Development and sits on 11.5 acres of land. Currently the school has no gymnasium or indoor play area for students during times of inclement weather. The need for such an area is even more crucial for the reasons that the population of the school expanding due to redistricting and the school serves as the main hub for the REACH program, which is a City School program for preschoolers with disabilities. Proposed Change: The proposed amended design is the addition of an architectural membrane structure approximately 4000 square feet in size that will serve as a gymnasium and indoor play area for the students. See attached drawing for the location of the proposed addition. The addition of the gymnasium will allow the school system to better serve the needs of its students at Grandin Court Elementary by providing a place for them play and exercise in a safe environment when they are unable to go outside. It will also serve as a great benefit to those students with disabilities whose learning environment is benefited by the action of play and exercise. The proposed structure itself was chosen for its durability, functionality, speed of construction, and affordability. While many of these structures in the past have been built in white the school system will be choosing a colored membrane surface that will blend with the existing structures and surrounding neighborhood. The benefit of such a system is that it allows the school system to provide a much needed service for Grandin Court Elementary School in a quick time frame. For information on shape and dimensions of the proposed structure please refer to the attached manufacturer's information. 213 S. JeJfersonStrret, Suite 1011, Ro::trzdee, Viryjnia 24011 5401982-0800 Fax 5401982-1183 A Professional Corporation Offia:s in Narfdk, RUhrmnd, Alexandria, Ro::trzdee, ClJarlotte andRdeigfJ http://uxiJWdarkrK?Xsen mm '. ~.~ "'~\ }L .' ~ V~).~l.:?~\ \ .,/ ..'~: ///0\' '.~. ~f~~r~N\ ~r~~,.,~ \ (. ~\~ .~?y /l~ " ~~~.::.A~\ 1'\'.li,l.i-.\.. '~.~~V,~~' ~~'~~ ~~l\fl;~. jl~ 17d' ~\i:) \ \ \ \~,\\ .~J~) OJ '. .'~c. .~~.. \iJ."0l'. . '.~. ~\ \ \\ ~.. .,-","'-~ '. "'\ ( ~ ~ :>\ '{"', ~. \ . \ \ l~ '"'"RdSJ!-'0 . 0 :>. \ ') \ \~~, .~~~ \\"'~(~>"._::::: J~\ \ .\.\\ '-'6S.~~) ..~ ~. '. 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Willard 3108 Spring Rd S",! Annie E. Roanoke,VA 24015 1560119 Lynn D. Cyphers 3030 5pring Rd Carolyn L. Roanoke, VA 24015 1560117 Joseph A. Rains 3020 Spring Rd Deborah H. Roanoke, VA 24015 1560115 David C. Key 3012 Spring Rd Roanoke,VA 24015 1560136 George A. Hubbard 3004 Spring Rd Lois H. Roanoke, VA 24015 1641115 Roger A. Jones 2792 Beverly BLVD Virginia L. Roanoke, VA 24015 1641114 Patrick T. Kennerly 2786 Beverly BLVD Patricia M. RO?lnoke,VA 24015 1641112 Owner 1 Donna M. Byrd 2774 Beverly BLVD Owner 2 Christopher A. Lewis Roanoke, VA 24015 1641111 Laurie A. 5cogin 2768 Beverly BLVD Roanoke, VA 24015 1641110 Dallas C. Shelton 2762 Beverly BLVD Agnes J. Roanoke, VA 24015 1641109 Alfred L. Ronk 2758 Beverly BLVD Mary V. Roanoke, VA 24015 1641108 Owner 1 Robert H. Young 2752 Beverly BLVD Owner 2 Joyce M. Young Roanoke, VA 24015 1641107 John W. Shepherd 2742 Beverly BLVD Margaret M. Roanoke, VA 24015 1641307 Dawn E. Craft 2745 Beverly BLVD Roanoke, VA 24015 1650320 H R Group LLC Physical 3237 Wood Lawn Ave Owner's 3618 Brambleton Ave. Ste. E Roanoke VA 24018 1650327 Donald J. Stefl Physical 2705 Brambleton Ave Owner's 3318 One Oak Rd Roanoke, VA 24018 1650328 David M. Arthur Physical 2711 Brambleton Ave. Mollie Owner's 2709 Brambleton Ave Roanoke, VA 24015 1650329 . Tommy Joe Williams 2721 Brambleton Ave Kathy A. Roanoke, VA 24015 1650330 Owner 1 Robert H. Burton Physical 2826 Spessard Ave Owner 2 Robert C. Burton Owner's 4770 Clippellam Dr Roanoke, VA 24018 1650322 Joseph A. Lynch 2830 Spessard Ave. Carolyn N. Roanoke,VA 24015 1650321 Julia Kay Woodard 2836 Spessard Ave Roanoke, VA 24015 1650324 Barabra L. Huff Physical 2840 Spessard Ave Owner's 6925 Shaver Rd SW Roanoke Va, 24018 1650323 Paul E. Jones Physical 2844 Spessard Ave. Cindy D. Owner's 351 Moses Ln Salem, Va 24153 1650126 Daniel Burch 2903 Oak Crest Ave Roanoke, VA 24015 1650125 Arlene W. Stoller 2907 Oak Crest Ave Roanoke, VA 24015 1650124 Owner 1 Leigh O. Atkinson Jr Physical 2911 Oak Crest Ave. Owner 2 Leigh O. Atkinson Jr Owner's 205 Abbey PL. Boulder, CO 80302 1650123 Charlotte A. Leathers 2917 Oak Crest Ave Roanoke, VA 24015 1650122 Brian R. Noe 2921 Oak Crest Ave Roanoke, VA 24015 1650109 Ellen A. Battle 2927 Oak Crest Ave Roanoke, VA 24015 1650108 Carolyn C. Michelman 2931 Oak Crest Ave Roanoke, VA 24015 165010J Owner 1 Edward C. Moomaw Jr. Physical Spessard Owner 2 Sandra S. Hawthorn Owner's 4076 South Mount Dr Sw Roanoke, VA 24014 1650106 Elizabeth Holliday Blankemeyer 2943 Oak Crest Ave ,Roanoke,VA ,24015 1650105 B J King 3512 Brambleton Ave Roanoke, VA 24015 1650104 Suzanne H. Casey 2949 Oak Crest Ave " Roanoke,VA 24015 1650103 Cara P. Hubbard 4230 Elm Park Estates #214 Roanoke, VA 24014 1650101 Cara P. Hubbard 4230 Elm Park Estates #214 Roanoke, VA 24014 c...= c:: == J~ ~ ~ "C .2 '0 Ol en 11l 11l (ij (ij e SSU 00-0 .e ~ ~ :c:c'S ~ ~ UJ <(<(.E ~;1;:< ~ .1:) :Q~ :l: Ol e ~ .a c:s . o ::l 2 ~ Ci5~ 08 (ON y- o 00 C')t: 0. c.. <( I:: g .:; "ctll 11l D- Ol Ol o 11l .~ 8- ~ 5' u g.- &~ c c ... Ol Q. E Q) ~ - - co en ... I:: o 0 0. '(i; ... 11l 8 ~ 11l ~. 11l '0 E If' ::l .J:; '(jj ~ ~ tll E 5l >. Ol (!)o: 11l o :c c. e (!)~ "0 I:: ~ (I) c o :;:; co (,) '" Q) (,) c Q)' 11.,;,;:' Q) - Q) a:: .!!l ;(ij ::t l!:! ::l '0 j - (,) ::I "C o ... Q. 11l ... ,I:: .g .2 Ol '5.': >< ,Ow :;15'0>,. -,.t:- 0' . (5;: '","0 c" o .J:;' ... 0 tll en ,,~~,~~~ >~ ",~. c. ~; ,~ .~~.~ "0 I::,F,::;) Ol :J I::Qi' ~.!!ll!:!1:: e .g> ~. ~ 00::>1"'- en ,Q) ,"," ''c > o ... ' Q:.; en c ::I ... .0. ,en' _. co .s::: ;: o <( u.:. ~''''......... ,~' :C\I 1-.;; '-'r::: :i~;; ".':g' . i,;;, , .... ":0' "" lE;lttt~ ...... ::J.',:;= _. , af'Eg:.~~:;E. 'a:<D'.~':' <DC CJ).' ".C! .- ';IE '.'~;~". ~;'iIit1t' ..~~ .,,', i~. ~,., 2:~~~ '();;Q5<D ,:~,;l~ '6':0 C ~!:ii~~~~~ 1., ,"'\f- ;':': .:,: j-,,~ ";';, ,,),~, < '.,' ,'.;: '-"<'~"-' .,. ;;;:E,~'; '- ~;jU: ..;~j!fJ ,_:-'1',""" "-.J iU ,U J~ji (I)tll iJtt)i.'~ ;fit'Cltll.~ +,.;" .....',(I)~";(I)..(/) ~;;~,;~"~~~f 1JI'11 '^"..,o' en ctl,Q).. W"'ctl .:::l',C' . ~'c: .' Q),..... '3: . I- . 'c.g" el. .~~l.. """l' , -,-:-',:j'_:-.-; "--,; <.< CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk August 20,2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38576-081709 authorizing the City Manager to enter into a Memorandum of Understanding between the City of Roanoke and the City of Roanoke School Board pertaining to the Roanoke City Public Schools purchase of its motor fuels from the City at dispensing facilities provided by the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 17, 2009; and is in full force and effect upon its passage. Sincerely, ~0i .~t>v\) Stephanie M. Moon, CMC . City Clerk Attachment pc: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Kenneth R. Bernard, Fleet Manager ~ . ~~~~'1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of August, 2009. No. 38576-081709. AN ORDINANCE authorizing the City Manager to enter into a Memorandum of Understanding between the City of Roanoke and the City of Roanoke School Board pertaining to the Roanoke City Public Schools purchase of its motor fuels from the City at dispensing facilities provided by the City; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council ofthe City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attomey, a Memorandum of Understanding between the City of Roanoke and the City of Roanoke School Board pertaining to the Roanoke City Public Schools purchase of its motor fuels from the City at dispensing facilities provided by the City, such Memorandum of Understanding to be upon such terms and conditions as are more particularly described in the City Manager's letter dated August 17, 2009, to this 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: ~h1.tv;nvw City ClerIc O-MOU-motor fuels with Schools.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov August 17, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Memorandum of Understanding for Purchase of Motor Fuels by Roanoke City Public Schools (RCPS) from the City Background: Due to the unpredictable nature of fuel pricing and because RCPS does not have sufficient on-site storage capacity to purchase its motor fuels in large enough bulk purchases to realize volume discounts, RCPS and the City desire to enter into a memorandum of understanding wherein RCPS purchases its motor fuels from the City at dispensing facilities provided by the City. Considerations: RCPS will be billed the price the City pays for the products plus an administration and storage fee of ten cents per gallon (10<t/gallon); RCPS guarantees to purchase a minimum of 250,000 gallons of ultra low sulfur diesel fuel during the FY10 period, as part of this agreement. A copy of the agreement is attached. Honorable Mayor' and Members of City Council August 17, 2009 Page 2 Recommended Action: Authorize the City Manager to execute the attached memorandum of understanding with RCPS implementing this agreement; such memorandum to be approved as to form by the City Attorney's office. Respectfully submitted, Darlene L. Bu City Manager DLB:kb c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget James Grigsby, Assistant City Manager for Operations Kenneth R. Bernard, Fleet Manager Rita D. Bishop, Superintendent, Roanoke City Public Schools Curtis D. Baker, Deputy Superintendent of Operations, Roanoke City Public Schools CM09-00 1 35 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ROANOKE AND THE SCHOOL BOARD OF THE CITY Of ROANOKE THIS MEMORANDUM OF UNDERSTANDING ("Memorandum") is dated July 1, 2009, by and between the CITY OF ROANOKE, VIRGINIA ("City"), and the SCHOOL BOARD FOR THE CITY OF ROANOKE ("School Board"). WITNESSETH WHEREAS, the City has capacity to store and distribute motor fuel within its Fleet Management facility; WHEREAS, the School Board has a need to store and distribute approximately 450,000 gallons of motor fuel to its vehicles each budget year; and WHEREAS, the parties to this Memorandum recognize the benefits to each party for the City to provide storage and administrative services to the School Board for the storage and distribution of motor fuel to vehicles ofthe School Board. THEREFORE, in consideration of the mutual promises, benefits and covenants, the City of Roanoke, Virginia and the School Board for the City of Roanoke do hereby agree to the following terms and conditions: ARTICLE I PURPOSE The purpose of this Memorandum is to memorialize an agreement- between the City and the School Board for the City to purchase, store, and distribute approximately 450,000 gallons of motor fuel for use by the School Board for its vehicles in exchange for reimbursing the City for the cost of the motor fuel plus an Administration and Storage Fee often cents per gallon of motor fuel purchased by the School Board. ARTICLE II DEFINITIONS As used in this Memorandum, the following terms shall have the meaning ascribed to them: "Administration and Storage Fee" shall be defined as a surcharge often cents per gallon over the base price of the motor fuel provided by the City and used by the School Board. The Administration and Storage Fee shall be charged for only that motor fuel dispensed to the School Board or its third party private vendor from the City's fuel depot. MOU- City and Schools-Motor Fuel-7-2-09.DOC 1 "Base price" shall be defined as the price for motor fuel paid by the City. "Fiscal year" shall be defined as being from July I until June 30 of each year. "Motor fuel" or "fuel" shall be defined as any liquid product for the generation of power in an internal combustion or turbine engine and includes, but is not necessarily limited to, gasoline, diesel fuel, and gasoline-alcohol blends. "School Board vehicles" or."School Board's vehicles" shall be defined as any vehicles owned or used by the School Board, or any vehicle used by an agent or third party contractor of the School Board in the service of the School Board. ARTICLE III OBLIGATIONS OF THE PARTIES The parties to this Memorandum agree that the following represents their respective obligations: A. The City's obligations: I. Purchase and storage of motor fuel. The City, upon receiving the motor fuel needs from the School Board, shall purchase the motor fuel requested by the School Board for the School Board vehicles, provided the City has sufficient storage capacity available for such amount. If sufficient storage capacity is not available, the City will obtain only the amount the City deems the City storage facilities can reasonably handle, and the School Board shall be responsible for obtaining any additional motor fuel the School Board might need. The City shall then store such motor fuel at its fleet management facility so that School Board vehicles can obtain such fuel. 2. Administration of motor fuel usage. The City shall administer the School Board's usage of motor fuel for the School Board's vehicles. The City shall allow the School Board access to the City's distribution equipment at the City's fleet maintenance facility located at 1802 Courtland Avenue, N.E., 24012 for the purpose of refueling the School Board's vehicles. The City shall track the amount of fuel used by the School Board's vehicles and shall prepare a monthly bill to the School Board for the cost of the motor fuel purchased plus the Administration and Storage Fee. The City shall send such monthly billto the School Board's, Finance Division, for payment. MOU- City and Schools-Motor Fuel-7-2-09.DOC 2 3. Access to records. The City shall make available the City's records regarding the City's motor fuel purchases and billing related to the School Board's motor fuel purchases. B. School Board's obligations: 1. Damages. The School Board shall be responsible for any and all damages resulting from or arising out of the School Board's or its agents, employees, or representatives actions, activities, or omissions, negligent or otherwise, whether or not caused by the School Board or any of its employees, agents, volunteers, or representatives, while on the City's property or arising out of or resulting from the activities provided for by this Memorandum, including but not limited to any fuel spills or leakage offluids from School Board vehicles, failure of School Board personnel to follow City procedures, as well as any vehicle accidents caused by School Board personnel. 2. City procedures. The School Board and all School Board personnel shall follow all of the City's procedures for fueling vehicles, a copy of which is attached to and made a part of this Memorandum. 3. Billing and payment. The School Board shall pay the cost of all fuel purchased for all School Board vehicles, including the Administration and Storage Fee and any fuel tax levied by any entity and paid in connection with the purchase, delivery or resale by the School Board of such fuel. Any such costs paid by the City shall be paid by the School Board to the City within 30 days of the City issuing a bill to the School Board. If the School Board fails to pay its bill from the City within 30 days, then the School Board agrees that it will pay the City a late fee of five percent (5%) of the amount due on such bill. Under no circumstances will the City be responsible for any taxes that may. be levied or assessed in connection with the purchase, delivery or resale by the School Board of fuel for School Board vehicles. 4. Notice of fuel needs. The School Board shall communicate to the City its motor fuel needs at least thirty (30) days prior to needing such motor fuel. The School Board shall also inform th~ City ofthe type of fuel ~eeded for its vehicles. MOU- City and Schools-Motor Fuel-7-2-09.DOC 3 5. , During the 2009/2010 fiscal year, the School Board shall purchase at least 250,000 gallons of Ultra Low Sulfur Diesel fuel ("ULSD") from the City. Articles II, III, IV and VII shall survive the termination of this Memorandum. ARTICLE IV INSURANCE The School Board agrees to name the City as an additional insured on School Board's insurance policies as outlined in this Article and to provide proof of such insurance coverage to the ,City's Risk Management Office. Such insurance policies must meet the following coverage standards: 1. Commercial General Liability. Commercial General Liability insurance, written on an occurrence basis, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the School Board's actions under this Memorandum. The minimum limits of liability for this coverage shall be $1,000,000 combined single limit for anyone occurrence. 2. Automobile Liability. The mmnnum limit of liability for automobile liability insurance shall be $1,000,000 combined single limit applicable to owned or non- owned vehicles used in the performance of any work under this Memorandum. . 3. Workers' Compensation. Workers' Compensation insurance covering the School Board's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be l?aintained for all its employees engaged in work on behalf of the School Board. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). The School Board's insurance company shall waive rights of subrogation against the City, its employees, agents, and representatives. 4. The insurance coverages and amounts set forth in subsections (1), (2) and (3) of this Article may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $1,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by subsections (1), (2) and (3) and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by. the School Board to the City. MOU- City and Schools-Motor Fuel-7-2-09.DOC 4 ARTICLE V TERM OF MEMORANDUM The term of this Memorandum shall be for one year beginning on July 1, 2009 and ending June 30, 2010 subject to the termination rights of the parties as set forth in this Memorandum or by law. ARTICLE VI TERMINATION This Memorandum may be terminated by either party at any time for any cause, or no cause, by giving sixty (60) days written notice signed by the party terminating the Memorandum and being sent to the other party. ARTICLE VII NOTICE Any notice, request, or demand given or required to be given under this Memorandum shall, except as otherwise expressly provided herein, be in writing and shall be dee~ed duly given only if delivered personally or sent by certified mail, return receipt requested to the addresses stated below. To the City: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Copy to: Fleet Division Attn: Fleet Manager 1802 Courtland Avenue, N.E. Roanoke, VA 24012 To the School Board: Superintendent Roanoke City Public Schools 40 Douglass Avenue, NW Roanoke, VA 24012 MOU- City and Schools-Motor Fuel-7-2-09.DOC 5 Notice shall be deemed to have been given, if delivered personally, upon delivery, and if mailed, upon the third business day after the mailing thereof ARTICLE VIII MISCELLANEOUS Compliance with the Law. The parties agree to comply with all local, state and federal laws as they currently exist or may exist in the future during the term ofthis Memorandum. Limitation of Assignment and Third Party Beneficiary. The provisions of this Memorandum may not be assigned to any third party without the express written authorization of the City. However, the parties acknowledge that the School Board has contracted with a third party private vendor to provide transportation services on behalf of the School Board. The parties agree and understand that this tJ:rird party private vendor may utilize and benefit from the services provided under this Memorandum when the third party private vendor is providing transportation services for the benefit of the School Board after such assignment Force Maieure. A delay in or failure of performance by any party shall not constitute a default, nor shall the City or the Schools be held liable for loss or damage, or be in breach of this Memorandum, if and to the extent that such delay, failure, loss, or damage is caused by an occurrence beyond the reasonable control of such party and its agents, employees, contractors, subcontractors and consultants, which results from Acts of God or the public enemy, compliance with any order of or request of any governmental authority or person authorized to act therefor~, acts of declared or undeclared war, public disorders, rebellion, sabotage, revolution, earthquake, floods, riots, strikes, labor or employment difficulties, delays in transportation, inability of party to obtain necessary materials or equipment or permits due to existing or future' laws, rules, or regulations or governmental authorities or any other causes, whether direct or indirect, and which by the exercise of reasonable diligence said party is unable to prevent. Any party claiming a force majeure occurrence shall give the other parties written notice ofthe same within 30 days after the date such claiming party learns of or reasonably should have known of such occurrence, or any such claim of force majeure shall be deemed waived. Captions and Headings. The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Memorandum. Severability. The invalidity, illegality or unenforceability of any provision ofthis Memorandum as determined by a court of competent jurisdiction shall in no way affect the validity, legality or enforceability of any other provision hereof. MOU- City and Schools-Motor Fuel-7c2-09.DOC 6 Waiver. No failure of any party to insist on strict observance of any provIsIon of this Memorandum, and no custom or practice of the parties at variance with the terms hereof, shall be deemed a waiver of any provision of this Memorandum in any instance. Governing Law. This Memorandum shall be governed by and construed in accordance with the laws ofthe Commonwealth of Virginia. . Entire Agreement: This Memorandum represents the entire integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Memorandum shall not be am~nded or modified except by written instrument signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed the same as of the day and year first hereinabove written: Attest By: Stephanie M. Moon, City Clerk Attest By: Cindy H. Poulton, School Board Clerk Approved as to Form for the City: Assistant City Attorney Approved as to Form for the School Board: Assistant City Attorney " MOU- City and Schools-Motor Fuel-7-2-09.DOC City of Roanoke, Virginia . By: Darlene L. Burcham City Manager School Board ofthe City of Roanoke By: Dr. Rita D. Bishop Superintendent of Schools Approved as to Execution for the City: Assistant City Attorney Approved as to Execution for the School Board: Assistant City Attorney 7 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk August20,2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38577-081709 authorizing the City Manager to execute a playground maintenance and inspection agreement dated July 1, 2009, which will supersede the Playground and Maintenance Inspection Agreement dated September 1, 2008, between the City of Roanoke and the School Board of the City of Roanoke, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 17,2009; and is in full force and effect upon its passage. Sincerely, ~'(Y).'~U'v0 Stephanie M. Moon, CMC ~ City Clerk Attachment pc: Cindy H. Poulton, Clerk, Roanoke City School Board William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Steven C. Buschor, Director, Parks and Recreation ~(~~O, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of August, 2009. No. 38577-081709. AN ORDINANCE authorizing the City Manager to execute a playground maintenance and inspection agreement dated July 1, 2009, which will supercede the Playground and Maintenance Inspection Agreement dated September 1, 2008, between the City of Roanoke and the School Board of the City of Roanoke, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke and the School Board of the City of Roanoke have requested to amend certain terms and conditions contained in the Playground and Maintenance Inspection Agreement dated September 1,2008, between the City and the School Board and to have such terms and conditions set forth in a new agreement between the parties. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authoriz~d to execute and attest, respectively, in form approved by the City Attorney, a playground maintenance and inspection agreement dated July 1, 2009, which will supercede the Playground and Maintenance Inspection Agreement dated September 1,2008, between the City of Roanoke and the School Board of the City of Roanoke, upon the terms and conditions as more particularly set forth in the City Manager's letter dated August 17,2009, to this Council, and the copy of the playground maintenance and inspection agreement attached thereto. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading ofthis ordinance by title is hereby dispensed with. ATTEST: ~m. fY]juvJ City Clerk. O-First Revised-Playground Agreement with Schools.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov August 17, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: School Playground Maintenance and Inspection Agreement Background: On August 18, 2008, by Ordinance Number 38191-081808, City Council authorized an Agreement between the City of Roanoke ("City") and the City of Roanoke School Board ("School Board") pertaining to the maintenance and inspection of the playgrounds of the public schools within the City of Roanoke. The previous Agreement expired June 30, 2009, and a new Playground Maintenance and Inspection Agreement has been drafted for .a term commencing July 1, 2009, through June 30, 2010, retroactive to July 1, 2009. Considerations: Subsequent to the original agreement, it has been deemed in the best interest of both parties to make changes which would include, but are not limited to, a change in the playground maintenance and inspection service fee, changes in the specific inspection and maintenance services to be provided by the City, and clarification of schedules. A copy of the proposed Playground Maintenance and Inspection Agreement, as it was approved by the School Board on August 11, 2009, is attached to this report for Council's information and review. The City's FY 2010 adopted budget includes proper revenue and expenditure amounts to reflect the fact that the City will provide these services to Roanoke Schools and that the Schools will be billed by the City for such services. Honorable Mayor and Members of City Council August 17, 2009 Page 2 Recommended Action: Authorize the City Manager to execute the Playground Maintenance and Inspection Agreement on behalf of the City, such Agreement be approved as to form by the City Attorney. Respectfully submitted, Darlene L. Bu City Manager DLBjld Attachment c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Steven C. Buschor, Director of Parks and Recreation Gary Hegner, Superintendent of Parks and Facilities CM09-00150 FIRST REVISED PLAYGROUND MAINTENANCE AND INSPECTION AGREEMENT THIS AGREEMENT made this 1st day of July, 2009, by and between the School Board of the City of Roanoke (hereinafter "School Board") and the City of Roanoke, Virginia (hereinafter "City"). WHEREAS, the School Board contracted with the City in fiscal year 2008-09 to maintain the plaYgfounds ofthe public schools within the City of Roanoke; and WHEREAS, the City maintains the playgrounds for all ofthe municipal parks within the City of Roanoke; and WHEREAS, in order to protect the health, safety and welfare of citizens using playgrounds of the public schools and to achieve the safety benefits within our local governments, the School Board desires to contract with the City to provide Playground Maintenance and Inspection Services to all of its playgrounds; and WHEREAS, the City and the School Board executed an Agreement dated September I, 2008 (hereinafter "Agreement"), in which the parties addressed playground maintenance and inspection services between the parties; and WHEREAS, the parties wish to supercede such Agreement dated September 1, 2008, with a First Revised Playground Maintenance and Inspection Agreement dated July 1, 2009, to memorialize the parties' previous practices and future intent. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: ARTICLE I PURPOSE The purpose of this Agreement is to memorialize an agreement between the City and the School Board for the City to maintain and inspect the School Board's playgrounds. ARTICLE II DEFINITIONS As used in this Agreement, the following terms shall have the meaning ascribed to them: First Revised Playground Agreement-8-l7-09.doc 1 "Playground Maintenance and Inspection Services" shall be those services to be performed by the City on behalf ofthe School Board and as described further in the attached Schedule A. "Playgrounds" shall be defined as the facilities described and set forth in the attached Schedule B. ARTICLE III OBLIGATIONS OF THE PARTIES The parties agree that the following represents their respective obligations: I. SERVICES PROVIDED BY THE CITY OF ROANOKE: (A) The City agrees to provide the following services to the School Board: (i) The City shall maintain and inspect the School Board's Playgrounds during the term of this Agreement. (ii) The PI~ygrounds to be maintained and inspected by the City under this Agreement are set forth in Schedule B attached hereto. Any additions and/or deletions to Schedule B shall be approved in writing by both parties. (iii) The City shall be responsible for all supplies, materials, repair parts and equipment necessary to maintain and inspect all Playgrounds described in Schedule B ofthis Agreement. (iv) With approval of the School Board, the City shall have the authority to remove any or all play equipment that it deems is unsafe or unsuitable. In the event the School Board does not approve within two (2) business days of notice from the City the removal of any play equipment that the City deems is unsafe or unsuitable, the School Board shall immediately be responsible for all maintenance, including removal or replacement of such equipment, and inspection of the same. Any removal or replacement of play equipment deemed by the City to be unsafe or unsuitable, but which is not approved by the School Board, shall be at the expense of the School Board. (v) The City may, as part of the routine maintenance, retain the services of a subcontractor to install any replacement as mutually agreed with the City School contact. The cost of such services shall be as paid for by the school system. First Revised Playground Agreement-8-l7-09.doc 2 (B) The parties agree that the City shall perform the Playground Maintenance and Inspection Services in a good and workmanlike manner consistent with the manner in which the City's playgrounds are maintained. (C) The parties agree that the City will address the initial playground maintenance and inspection needs of the School Board as set forth in Schedule A in an expedited manner as time and manpower reasonably permit. (D) To the extent that the Deputy Superintendent of the School Board is not reasonably satisfied with any aspect of the City's perfo'rmance hereunder, the Deputy Superintendent will notify the City in writing, and the City shall take reasonable steps in a reasonably timely manner, as funding and manpower permit, to respond in a positive and effective manner to address the concerns of the School Board. Failure to attempt to take such reasonable steps shall be deemed to be an event of default on the part of the City. Failure by the Deputy Superintendent to notify the City of any alleged breach of this Agreement within ten (10) business days shall constitute a waiver of any such alleged breach of this Agreement. (E) During the term of this Agreement, the City will train, manage and direct all City employees engaged in the Playground Maintenance and Inspection Services. The City will perform all administrative responsibilities which relate to the employment of such employees during the term of this Agreement. II. FEES TO BE PAID BY, AND OBLIGATIONS OF, THE SCHOOL BOARD (A) The School Board shall make a payment to the City of One Hundred Fourteen Thousand Six Hundred Forty Nine Dollars ($114,649.00) for playground maintenance and inspection services from July 1, 2009 through June 30,2010, by July 31,2009. After the 2009/2010 fiscal year, a mutually agreed upon annual playground maintenance and inspection fee shall be established by the parties for all subsequent fiscal years of this Agreement by the fifteenth day of March preceding the first day of the next term to be paid by the School Board. Payment of the playground maintenance and inspection fee shall be made no later than the thirty-first day of July of each successive one-year term this Agreement is in force. (B) The parties expect to meet at least once per quarter to review and analyze the cost . of the Playground Maintenance apd Inspection Services provided by the City and whether such services for the preceding' quarter were of an adequate quality. These meetings shall also determine the playground maintenance needs of the School Board for the next quarter. (C) The School Board will notify the City, in writing, within two (2) business days of any personal injury, or claim for such injury, occurring on any Playground. First Revised Playground Agreement-8-l7-09.doc 3 ARTICLE IV TERM, TERMINATION, RENEWAL AND DEFAULT (A) Initial Term and Renewal: After the Initial Term from July 1, 2009, until June 30, 2010, this Agreement may be renewed for successive one (1) year terms, beginning July 1 of each year, up to a total of three (3) successive additional one-year terms. Each successive term shall be from the first day of July through the thirtieth day of June for each one year term. Each one year term will renew automatically, provided there is agreement between the parties by the fifteenth day of March preceding the next term, establishing the amount of the annual Playground Maintenance and Inspection fee and provided neither party has delivered a notice of termination as provided by this Agreement. Such amounts may include reimbursement for funds properly spent by the City under this Agreement but not yet charged to the School Board, or expenses charged to the School Board under this Agreement but not incurred by the City. (B) Termination: Either the City or the School Board may terminate this Agreement if there is a material default (non-compliance) under the terms of this Agreement, and should the defaulting party fail to cure such non-compliance within ninety (90) days after receipt of written notice from the non-defaulting party specifying: (i) the act(s) or omission(s) that constitute the breach, and (ii) stating that this Agreement shall terminate on a date not less than ninety (90) days after the defaulting party's receipt of such notice of the breach, if the breach is not cured within such (90) day period. If the breach is cured within the specified time period, this Agreement shall not terminate. Failure of a party to provide additional notice of default within ten (10) business days after a party's attempt to cure a breach shall constitute acceptance of the attempt to cure. Notwithstanding the foregoing termination provision, either party may terminate this Agreement, for any reason or for no reason, without cause, by giving written notice six (6) months in advance of the effective date of termination. Any party providing notice of termination of this Agreement for no cause shall not be responsible for costs incurred by the other party as a result of such termination. First Revised Playground Agreement-8-l7-09.doc 4 ARTICLE V NOTICE Any notice, request, or demand given or required to be given under this Agreement shall, except as otherwise expressly provided herein, be in writing and shall be deemed duly given only if delivered personally or sent by certified mail, return. receipt requested to the addresses stated below. To the City: Darlene L. Burcham, City Manager 215 Church Ave SW # 364 Roanoke, VA 24011 Phone: 540-853-2333 To the School Board: Dr. Rita D. Bishop, Superintendent Roanoke City Public Schools 40 Douglass A venue, NW Roanoke, VA 24012 Phone: 540-853-2381 Notice shall be deemed to have been given, if delivered personally, upon delivery, and if mailed, upon the third business day after the mailing thereof ARTICLE VI ADDITIONAL TERMS Compliance with the Law. The parties agree to comply 'with all local, state and federal laws as they currently exist or may exist in the future during the term of this Agreement. Compliance with Virginia Code Section 22.1-296.1. The Director of Parks and Recreation ("Director") shall execute the attached certification (Schedule C ). Records. The City shall maintain complete and accurate records, in a form mutually agreeable to the parties, to substantiate its charges for the services hereunder. Upon request, the School Board shall have the right to inspect and copy such records. Assignment. The provisions of this Agreement may not be assigned and are for the exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Agreement be deemed to have conferred any rights, express or implied, upon any third person unless otherwise expressly provided for herein. Force Maieure. A delay in or failure of performance by any party shall not constitute a default, nor shall the City or the School Board be held liable for loss or damage, or ,be in breach of this Agreement, if and to the extent that such delay, failure, loss, or damage is caused by an occurrence beyond the reasonable control of such party and its agents, employees, contractors, First Revised Playground Agreement-8-l7-09.doc 5 subcontractors and consultants, which results from Acts of God or the public enemy, compliance with any order of or request of any governmental authority or person authorized to act therefore, acts of declared or undeclared war, public disorders, rebellion, sabotage, revolution, earthquake, floods, riots, strikes, labor or employment difficulties, delays in transportation, inability of party to obtain necessary materials or equipment or permits due to existing or future laws, rules, or regulations or governmental authorities or any other causes, whether direct or indirect, and which by the exercise of reasonable diligence said party is unable to prevent. Any party claiming a force majeure occurrence shall give the other parties written notice of the same within 30 days after the date such claiming party learns of or reasonably should have known of such occurrence, or any such claim of force majeure shall be deemed waived, unless such delay is due to the weather or equipment failure or breakdown. Independent Contractor. Neither the City nor any of its employees shall be deemed to be employees of the School Board for any purpose. Captions and Headings. The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation ofthis Agreement. Severability. The invalidity, illegality or unenforceability of any provision ofthis Agreement as determined by a court of competent jurisdiction shall in no way affect the .validity, legality or enforceability of any other provision hereof Waiver. No failure of any party to insist on strict observance of any provISIon of this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall be deemed a waiver of any provision of this Agreement in any instance, unless otherwise indicated in this Agreement. Governing Law. This Agreement shall be governed by and construed in accordance with the laws ofthe Commonwealth of Virginia. Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement shall not be amended or modified except by written instrument signed by the parties. SIGNATURE PAGE TO FOLLOW fOirst Revised Playground Agreement-8-l7-09odoc 6 IN WITNESS WHEREOF, the parties hereto have executed the same a~ of the day and year first hereinabove written: Attest By: Stephanie M. Moon, City Clerk Attest By: Cindy H. Poulton, School Board Clerk Approved as to Form for the City: Assistant City Attorney Approved as to Form for the School Board: Assistant City Attorney First Revised Playground Agreement-8-l7-09.doc City of Roanoke, Virginia By: Darlene L. Burcham City Manager School Board of the City of Roanoke By: Dr. Rita D. Bishop Superintendent of Schools Approved as to Execution for the City: Assistant City Attorney Approved as to Execution for the School Board: Assistant City Attorney 7 SCHEDULE A PLAYGROUND MAINTENANCE AND INSPECTION SERVICES The City's maintenance of playgrounds will consist of inspection of all of such playgrounds on an approximately monthly basis, repair of such playgrounds as needed, installation of new borders at locations mutually agreed upon, and installation and maintenance of fall zone safety surfacing at locations mutually agreed upon. First Revised Playground Agreement-8-l7-09.doc 8 SCHEDULE B PLAYGROUNDS PlaV2round Service Locations Preston Park Elementary School Lincoln Terrace Elementary School Round Hill Elementary School Fairview Elementary School Westside Elementary School Roanoke Academy of Math and Science (RAMS) Morningside Elementary School Fallon Park Elementary School Garden City Elementary School Monterey Elementary School Noel C. Taylor at Oakland* Wasena Elementary School Crystal Spring Elementary School Hurt Park Elementary School Grandin Court Elementary School Fishburn Park Elementary School Virginia Heights Elementary School Raleigh Court Elementary School Address 3142 Preston Avenue NW 1802 Liberty Road NW 2020 Oakland Blvd NW 648 Westwood Blvd NW 1441 Westside Blvd NW 1122 I 9th Street NW 1716 Wilson StreetSE 502 19th Street SE 3710 Garden city Blvd. SE 4501 Oliver Road NE . 3229 Williamson Road NE 1115 Sherwood Avenue S W 2620 Carolina Avenue SW 1525 Salem Avenue SW 2815 Spessard Avenue SW 3057 Colonial Avenue SW 121O Amherst Street SW 2202 Grandin Road SW *School status changed for 2009-10,. however, until the playground equipment is removed, services under this Agreement will continue. First Revised Playground Agreement-8-l7-09.doc 9 SCHEDULE C ROANOKE CITY PUBLIC SCHOOLS CERTIFICATION OF COMPLIANCE WITH VA CODE 22.1-296.1 A sworn statement or affIrmation disclosing whether based upon a criminal background check, the persons identified below have been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child, or are known to the Director of Parks and Recreation to be the subject of any pending criminal charges within or outside the Commonwealth involving a felony or any offense involving the sexual molestation or physical or .sexual abuse or rape of a child. List of employee(s) assigned to the Agreement: Gary Hegner Michelle Phoenix Jerry Bohannon Kenneth Hylton Brian Harris James Flinchum Clifford Gunn John Henderson William Allen By signature below, I hereby affrrni and certify that a criminal background check has been performed as part of the employment process for the above listed persons and that to the best of my information and belief, and based upon the results of such background check, these individuals have never been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child. Further, to the best of my actual knowledge and belief, none of these individuals is currently the subject of any pending criminal charges involving a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child. If the employees assigned to this Agreement change, an updated copy of this form must be submitted to the Director of Purchasing & Contract Office, 40 Douglass Avenue, Roanoke, VA 24012, before an added employee can begin work pursuant to the Agreement. Only employees on this list will be allowed on campus during regular school hours, during school sponsored activities or be allowed to interact with students. Name of Company OffIcer Date Signature of Company Officer First Revised Playground Agreement-8-l7-09.doc 10 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk August 20, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38578-081709 amending Section 21-25, Willful damaqe to or defacement of public private facilities, of Article I, In General, of Chapter 21, Offenses-Miscellaneous, to conform the provisions of Section 21-25 with changes in state enabling legislation. . The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 17, 2009; and is in full force and effect upon its passage. Sincerely, ~h,. ~Uv0 Stephanie M. Moon, CMC City Clerk Attachment pc: The Honorable Brenda S. Hamilton, Clerk of Circuit Court The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, City Treasurer Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 (electronic version) Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Raymond F. Leven, Office of the Magistrate William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Lora A. Wilson, Law Librarian Cecelia T. Webb, Assistant Deputy City Clerk A. L. Gaskins, Chief of Police ~'v\(. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of August, 2009. No. 38578-081709. AN ORDINANCE amending Section 21-25, Willful damage to or defacement of public private facilities, of Article I, In General. of Chapter 21, Offenses-Miscellaneous, to conform the provisions of Section 21-25 with changes in state enabling legislation; 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. Section 21-25, Willful damage to or defacement of public private facilities, of Chapter 21, Offenses-Miscellaneous is hereby amended and reordained to read-and provide as follows: Sec. 21-25. Willful damage to or defacement of public or private facilities. (a) Graf11ti Defacement defined. GraffitiD~racement means the unauthorized application by any means of any writing, painting, drawing, etching, scratching, or marking of an inscription, workd, mark; figure or design of any type. on any pHbfle buildings, fa~ilities Ul'ld-personal propelty or any private buildings, facilities and personal property. (b) VIolation and penalty. It shall be unlawful and a Class 1 misdemeanor for any person to willfully and maliciously damage or deface, by application of graffiti or otherwise, any public buildings, facilities and personal property or any private buildings, facilities and personal property. The punishment for any such violation in which the defacement is (i) more than 20 feet off the ground, (ii) on arailroad or highway overpass, or (iii) committed for the benefit of, at the direction of, or in association with any criminal street gang, as that term is defined by section 18.2-46.1, Code of Virginia, shall incl}lde a mandatory minimum fine of five hundred dollars ($500.00). (c) Community service. (1) Upon a finding of guilt in any case tried before the court without a jury,- if the violation of this section constitutes a first offense which results in property damage or loss, the court, without entering a judgment of guilt, upon motion of the defendant, may defer further proceedings and place the defendant on probation pending completion of a plan of community service work. If the defendant. fails or refuses to complete the community service as ordered by the court, the court may make final disposition of the case and proceed as otherwise provided. If the community service work is completed as the court prescribes, the court may discharge the defendant and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying' this section in subsequent proceedings. K:\Measures\Code Amendment 21-25 Defacement of public private facilities.doc 1 (2) Any community service ordered or directed for a violation of subsection (b) shall, to the extent feasible, include the repair, restoration or replacement of any damage or defacement to property within the city and may include clean-up, beautification, landscaping or other appropriate community service within the city. A designee of the city manager shall supervise the performance of any community service work required and shall report thereon to the court imposing such requirement. At or before the time of sentencing, the court shall receive and consider any plan for making restitution or performing community service submitted by the defendant. The court shall also receive and consider the recommendations of the supervisor of community service in the city concerning the plan. (3) Notwithstanding any otheLprovision of law, no person convicted of a violation of this section shall be placed on probation or have his sentence suspended unless such person shall make at least partial restitution for such property damage or is compelled to perform community services, or both, as is more particularly set forth in Code of Virginia section 19.2-305.1. (d) Authority of city to remove or repair. (1) The city manager is authorized to undertake or contract for the removal or repair of the defacement, including but not lin-:.ited to defacement by application of graffiti, of any public building, wall, fence .or other structure or any private building, wall, fence or other structure where such defacement is visible from any public right-of-way. (2) Prior to such removal, the city manager shall give notice to the owner and lessee, . if any, of any private building or facility that has been defaced that, within fifteen (15) days' of receipt of such notice, if the .owner or lessee does not clean or cover the defacement or object to the removal of the defacements, the city may clean,-eF cover, or repair the defacement. (3) Except as provided herein, Aall such removal or repair, unless undertaken by the property owner, shall be at the expense of the city; provided however, that the removal or repair work may be undertaken by volunteers or individuals required to perform community service by order of any court, under appropriate city supervision. (4) If the defacement occurs on a public or private building, 'vvall, fence, or other structure located on an unoccupied property, and the city, through its own agents or employees, removes or repairs the defacement and after complying with the notice provisions of this section; the actual cost or expenses thereofshall be chargeable to and paid by the owners of such property and may be collected by the city as taxes are collected. (5) EVel)! charge authorized by this section with which the owner of any such property shall have been assessed and that remains unpaid shall constitute a lien against such property, ranking on a pari~y with liens for unpaid local taxes and enforceable in the same manner as provided in Articles 3 (.~'58.1-3940 et seq.) and 4 (9'58.1-3965 et seq.) of Chapter 39 of Title 58.1, Code of Virginia. The director of finance may waive and release such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser 1,.v/1o is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed. (6) The court may order any person convicted of unlartfully defacing property described in subsection (b) to pa.y full or partial restitution to the city for costs incurred by the cizv in removing or repairing the defacement. K:\Measures\Code Amendment 21-25 Defacement of public private facilities.doc 2 (7) An order of restitution pursuant to this section shall be docketed as provided in ,~'8. 01- 446, Code of Virginia, 1then so ordered by the court or upon written request of the city and may be enforced by the city in the same manner as ajudgment in a civil action. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is dispensed with. ATTEST: ~h1. ro; 6>MJ City Clerk. K:\Measures\Code Amendment 21-25 Defacement of public private facilities.doc 3 CITY OF ROANOKE OFFICE OF CITY ATIORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE. VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY ATrORNEY TELEPHONE: 540-853-2431 FAX: 540-853-\22\ EMAIL: cilyaltY@TOanokeva.gov August 17, 2009 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: "Graffiti" ordinance Dear Mayor Bowers and Members of Council: TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS REAmER P. FERGUSON ASSISTANTCrrv ATrORNEYS During its last session, the General Assembly comprehensively amended Sections 15.2- 1812.2 and 15.2-908, Code of Virginia, the enabling statutes for localities to enact what are commonly referred to as "graffiti" abatement ordinances. I have prepared for your consideration the attached ordinance which amends Section 21-25 of the City Code to incorporate the changes in State enabling legislation. Of importance to localities is a new provision authorizing localities to place liens on certain unoccupied property, if the locality, after having given the property owner and the lessees proper notice, has to abate the "graffiti." Please let me know if you have any questions about this matter. With kindest personal regards, I am Sincerely yours, W~ M,~ William M. Hackworth City Attorney WMH/lsc Enclosure c: Darlene L. Burcham, City Manager (w/encl.) Chief A. L. Gaskins, Police (w/encl.) Thomas Carr, ill, Director, Planning Building and Development (w/encl.) Stephanie Moon, City Clerk (w/encl.) STEPHANIE M. MOON, CMC City Clerk -Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 . Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov CECELIA T. WEBB Assistant Deputy City Clerk August 20,2009 I am enclosing copy of Budget Orqinance No. 38579-081709 appropriating funding from the Federal and Commonwealth governments for various educational programs; and amending and reordaining certain sections of the 2009-2010 School Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 17, 2009; and is in full force and effect upon its passage. Enclosure Sincerely, ~m.1rtOl1hJ Stephanie M. Moon, CMC City Clerk pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of August, 2009. No. 38579-081709. AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments for various educational programs amending and reordaining certain sections of the 2009-20.10 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Materials and Supplies Technical Hardware Capital Equipment Supplemental Pay Social Security Coordinator Salary Clerical Social Security Teacher Salary Supplemental Pay State Group Life Insurance Social Security Retirement Mileage Professional Development Materials & Supplies Technology Hardware Teachers Professional Services Instructional Supplies Revenues State Grant Receipts State Grant Receipts Federal Grant Receipts State Grant Receipts Federal Grant Receipts 302-170-3000-1160-3060-61100-46614-3-03 302-170-3000-1160-3060-61100-46650-3-03 . 302-170-3000-1160-3060-611 00-48821-3-03 302-110-0000-1304-3090-61100-41129-3-01 302-110-0000-1304-3090-61100-42201-3-01 307 -140-0000-1 000-145S-6121 0-41138-9-:08 307 -140-0000-1 000-145S-6121 0-41151-9-08 307 -140-0000-1 000-145S-6121 0-42201-9-08 302-120-0000-1050-3300-61100-41121-3-02 302-120-0000-1050-3300-61100-41129-3-02 302-120-0000-1050-3300-61100-42200-3-02 302-120-0000-1050-3300-61100-42201-3-02 302-120-0000-1050-3300-61100-42202-3-02 302-120-0000-1050-3300-61100-45551-3-02 302-120-0000-1050-3300-61100-45554-3-02 302 -120-0000-1 050-3300-61100-46614-3-02 302-120-0000-1050-3300-61100-46650-3-02 302-120-0000-0000-1110-61100-41121-9-02 302-120-0000-0000-1110-61100-43311-9-02 302-120-0000-0000-1110-61100-46614-9-02 302-000-0000-0000-3060-00000-32252-0-00 302-000-0000-0000-3090-00000-32418-0-00 307 -000-0000-0000-145S-00000-38196-0-00 302-000-0000-0000-3300-00000-32295-0-00 302-000-0000-0000-1110-00000-38027 -0-00 $ 6,000.00 4,000.00 2,459.80 19,507.66 1,492.34 5,544.79 7,000.00 1,405.21 13,176.00 2,840.00 126.10 1,225.23 1,819.60 (1,250.00) (250.00) (250.00) (250.00) 93,758.00 10,000.00 15,000.00 12,459.80 21,000.00 13,950.00 17,186.93 118,758.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~h1. "10~ City Clerk. August 12, 2009 The Honorable David Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official School Board action on August 11, 2009, the Board respectfully requests City Council approve the following appropriations: New: Career and Technical Education Equipment 2009-10 Project Graduation Summer Academy 2009-10 $12,459.80 $21,000.00 $13,950.00 ARRA - Title X Homeless Assistance Program 2009-10 Revised: Special Education in the Jail 2009-10 IDEA Part B, Section 611 Flow Through 2009-10 $17,186.93 $118,758.00 The School Board thanks you for your approval of the appropriation requests as submitted. Sincerely, ~~~~~ Cindy ~ton, Clerk pc: David B. Carson Rita D. Bishop Curtis D. Baker Margaret A. Lindsey William M. Hackworth Ann H. Shawver Yen Ha (with accounting details) Darlene L. Burcham p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. Strong City. School Board David B. Carson Chairman Jason E. B;ngham Vice Chairman Mae G. Huff Suzanne P. Moore Courtney A. Penn Todd A. Putney Lori E. Vaught Dr. R;ta D. B;shop Superintendent Cindy H. Poulton Clerk of the Board CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER, CPA Director of Finance August 1 7, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: School Board Appropriations As a result of official School Board action on August 11, 2009, the Board respectfully requests City Council approve the following appropriations: New: Career and Technical Education Equipment 2009-10 Project Graduation Summer Academy 2009-10 ARRA - Title X Homeless Assistance Program 2009-10 $12,459.80 $21,000.00 $13,950.00 Revised: Special Education in the Jail 2009-10 IDEA Part B, Section 611 Flow Through 2009-10 $ 17,186.93 $118,758.00 We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined. Sincerely, .!(J6~ Ann H. Shawver Director of Finance c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman M. Stovall, Direct9r of Management and Budget Rita D. Bishop, Superintendent; Roanoke City Public Sch'ools Curtis D. Baker, Deputy Superintendent, Roanoke City Public Schools CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk August 20, 2009 The Honorable Robert Goodlatte The Honorable Jim Webb The Honorable Mark Warner Edward Schaben, Postmaster-Roanoke John Potter, Postmaster General Gentlemen: I am enclosing copy of Resolution No. 38580-081709 requesting the U. S. Postal Service not to close or consolidate post offices in the City of Roanoke. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 17,2009; Sincerely, ~'rY), ?:rtvV Stephanie M. Moon, CMC City Clerk Enclosure pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance ~~ IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 17th day of August, 2009. No. 38580-081709. A RESOLUTION requesting the U. S. Postal Service not to close or consolidate post offices in the City of Roanoke. WHEREAS, the independent U. S. Government Postal Regulatory Commission has completed a study, called "Making Sense ofIt All: An Examination of US PC's Station and Branch Optimization Initiative and Delivery Route Adjustments," which'projects that the U. S. Postal Service is expected to lose approximately $7.1 billion by the end of the 2009 fiscal year; WHEREAS, the U. S. Postal Service, accordingly, is exploring ways to trim its costs of operation, and is considering closing or consolidating at least 677 post offices throughout the country, including the downtown, Grandin Road, Hollins College, Melrose, and Williamson Road branches in the Roanoke area; WHEREAS, the U. S. Postal Service currently operates 32,741 post offices throughout the country, and it appears that the five stations selected for study in the Roanoke area reflect a disproportionate number of localpostal stations being studied for possible closure or consolidation with other offices; and WHEREAS, each of the eleven post offices in the Roanoke area is important to local residents, and should remain .open; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: . 1. The U. S. Postal Service is respectfully requested not to close or consolidate any of the post offices in the City of Roanoke. . K:\Measures\Post Office Closure 2009.doc 2. The City Clerk is directed to forward certified copies ofthis Resolution to Congressman Bob Goodlatte, Edward Schaben, Postmaster, Roanoke, and Postmaster General John Potter. ATTEST: m. ~DbvV City Clerk. K:\Measures\Post Office Closure 2009.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk August20,2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38581-081709 authorizing the proper City officials to execute a Deed of Gift of Easement from the City of Roanoke to the Virginia Outdoors Foundation, and the Western Virginia Land Trust, granting to the Foundation and the Trust, a conservation easement covering approximately 5,178 acres at the Carvins Cove Natural Reserve, such easement covering all the portion of the Reserved owned by the City between the 1,500 and 1,200 foot elevation contour lines as depicted on the Daleville, Catawba, Roanoke and Salem USGS Topographic Quadrangle Maps. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 17,2009; and is in full force and effect upon its passage. Sincerely, ~m. OY)O~ Stephanie M. Moon, CMC City Clerk Enclosure pc: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Steven C. Buschor, Director, Parks and Recreation !"'~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of August, 2009. No. 38581-081109. AN ORDINANCE authorizing the proper City officials to execute a Deed of Gift of Easement from the City of Roanoke to the Virginia Outdoors Foundation, and the Western Virginia Land Trust, granting to the Foundation and the Trust a conservation easement covering approximately 5,178' acres at the Carvins Cove Natural Reserve, such easement covering all the portion ofthe Reserve owned by the City between the 1,500 and 1,200 foot elevation contour lines as depicted on the Daleville, Catawba, Roanoke and Salem USGS Topographic Quadrangle Maps; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held August 17, 2009, pursuant to ~15.2-1800(B) and S 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the above referenced matter. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in form approved by the City Attorney, a Deed of Gift of Easement from the City of Roanoke to the Virginia Outdoors Foundation and the Western Virginia Land Trust, upon certain terms and conditions, as more particularly set forth in the August 17, 2009, letter of the City Manager to Council. 2. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading ofthis ordinance by title is hereby dispensed with. ATTEST: i;tM~e~' '?~ CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov August 17, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Carvins Cove Conservation Easement The City of Roanoke proposes to /grant a conservation easement to the Virginia Outdoors Foundation and/the Western Virginia Land Trust covering approximately 5,178 acres at the Carvins Cove Natural Reserve. The easement consists of the portion of the Reserve owned by the City that is below the 1,500 foot elevation and above the 1,200 contour line as depicted on the Daleville, Catawba, Roanoke and Salem USGS Topographic Quadrangle Maps. The Deed of Gift of Easement outlines the restrictions of future use on this portion of the Cove property, forest management, use of property for commercial activities, grading, blasting and mining, accumulation of trash, riparian buffer and any future buildings or signage erected within the easement area. The easement also outlines the roles and responsibilities of the City as grantor, and of the Virginia Outdoors Foundation and Western Virginia Land Trust as grantees. The easement is perpetual as to its duration. A copy of the easement is attached for City Council's information. . Honorable Mayor and Members of City Council August 17, 2009 Page 2 . Recommended Action: Authorize the City Manager and City Clerk to execute and attest, respectively, in form approved by the City Attorney, a Deed of Gift of Easement from the City of Roanoke to the Virginia Outdoors Foundation and the Western Virginia Land Trust. Respectfully submitted, Darlene L. Bur. ham City Manager DLBjSCBjld Attachment c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Asst. City Manager for Community Development Steven C. Buschor, Director of Parks and Recreation CM09-00143 Prepared by: Virginia Outdoors Foundation 1108 E. Main St., Suite 700, Richmond, VA 23219, as revised by the City of Roanoke TAX MAP NO. OR PIN: (Tax Map Nos. in Roanoke County) 018.00-01-09.00-0000 018.00-01-09.00-0000A 018.00-01-09.00-0000B 018.00-01-09.00-0000C 018.00-01-01.00-000Z 009.00-01- 21. 00-0000 009.00-01-20.01-0000 (Tax Map Nos. in Botetourt County) 98-20 99-1 100- 78 Exempted from recordation tax under the Code of Virginia (1950), as amended, Sections 58.1-811 (A) (3),58.1-811 (D) and 10.1-1803 and from Circuit Court Clerk's fee under Section 17.1-266 THIS DEED OF GIFT OF EASEMENT (this "Easement"), made this _ day of , 2009, by and among the CITY OF ROANOKE, VIRGINIA ("Grantor") the VIRGINIA OUTDOORS FOUNDATION (VOF), an agency of the COMMONWEALTH OF VIRGINIA, and the WESTERN VIRGINIA LAND TRUST, a non-profit non-stock corporation (WVL T), ("Grantees") (the designations "Grantor" and "Grantees" refer to the Grantor and Grantees and their respective successors and assigns), WITNESSETH: WHEREAS, Grantor is the owner in fee s.imple of real property situated on State Route 1404 (Timberview Road), State Route 740 (Carvins Cove Road), and State Highway 115 (Plantation Road) in Roanoke County, Virginia, and on State Route 648 (Reservoir Road) in Botetourt County, Virginia, containing in the aggregate approximately II ,363 acres which is a portion of the area commonly known as Carvins Cove (see Schedule A attached hereto and made a part hereof), and desires to give and convey to Grantees a perpetual conservation and open-space easement over approximately 5,178 acres of such property (the "Property", consisting of all such property lying below the 1,500-foot elevation contour line and above the 1,200-foot elevation contour line, as further described below); and WHEREAS, VOF is a governmental agency of the Commonwealth of Virginia and a "qualified organization" and "eligible donee" under Section 170(h)(3) of the Internal Revenue Code of 1986, as amended (and corresponding provisions of any subsequent tax laws) (IRC) and Treasury Regulation S1.170A-14(c)(1), and is willing to accept a perpetual conservation and open-space easement over the Property; and WHEREAS, WVL T is a charitable corporation exempt from taxation pursuant to IRC S 501(c)(3) and a "qualified organization" and "eligible donee" under IRC S170 (h)(3), as amended, (and corresponding provisions of any subsequent tax laws) (IRC) and Treasury Regulation S1.170A-14(c)(I) and is willing to accept a perpetual conservation and open-space easement over the Property; and WHEREAS, the Virginia Conservation Easement Act, Chapter 10.2 of Title 10.1, SSI0.1-1009 through 10.1-1016 of the Code of Virginia, authorizes a charitable corporation, association or trust exempt from taxation, pursuant to 26 U.S.C.A. 501 (c)(3) to hold' a non-possessory interest in real property for the purposes of retaining or protecting natural or open-space values of real property and WVL T qualifies as such a charitable corporation; and WHEREAS, Chapter 461 of the Acts of 1966, codified in Chapter 17, Title 10.1, SSI0.1-1700 through 10.1-1705 of the Code of Virginia, as amended (the "Open-Space Land Act"), declares that the preservation of open-space land serves a public purpose by curbing urban sprawl, preventing the spread of urban blight and deterioration and encouraging more economic and desirable urban development, helping provide or preserve necessary park, recreational, historic and scenic areas, and conserving land and other natural resources, and authorizes the acquisition of interests in real property, including easements in gross, as a means of preserving open-space land; and WHEREAS, pursuant to Sections 10.1-1700 and 10.1-1703 of the Open-Space Land Act, the purposes of this Easement include retaining and protecting open-space and natural resource values of the Property, and the limitation on division, residential construction and commercial and industrial uses contained in Section II ensures that the Property will remain perpetually available for forest or open-space use, all as more particularly set forth below; and WHEREAS, Chapter 525 of the Acts of 1966, Chapter 18, Title 10.1, SSIO.1- 1800 through 10.1-1804 of the Code of Virginia, declares it to be the public policy of the Commonwealth to encourage preservation of open-space land and authorizes the Virginia Outdoors Foundation to hold real property or any estate or interest therein for the purpose of preserving the natural, scenic, historic, scientific, open-space and recreational lands of the Commonwealth; and WHEREAS, this Easement- is granted "exclusively for conservation purposes" under IRC g1.170(h)(I)(C) because it effects ''the preservation of open space (including farmland and forest land)" under IRC g 1.170(h)( 4)(A)(iii). Specifically, the preservation of open-space on the Property is pursuant to clearly delineated state and local governmental conservation policies and will yield a significant public benefit; and WHEREAS, this open-space easement in gross constitutes a restriction granted in perpetuity on the use which may be made of the Property, and is in furtherance of and pursuant to the clearly delineated governmental policies set forth below: 2 (i) Land use policies of the County of Roanoke as delineated in its comprehensive plan adopted March 22, 2005, to which plan the restrictions set forth in this deed conform and which contains the following selected vision state~ents, goals and objectives: CHAPTER 2 - VISION STATEMENTS Community- Wide Themes *** 4. Scenic Beauty - The mountains that surround the County provide a sense of place and are a source of beauty, recreational activity and inspiration. Steps must be taken to develop sound conservation policies for our dwindling farm lands, mountainsides and ridges, rivers and streams, soil and air. * * * Resource Preservation 3. In 2010, Roanoke County has enacted ordinances and programs to preserve the integrity of the surrounding mountains and open space. These include mountainside, ridge line and natural resource protection. * * * 5 In 2010, Roanoke County has established tax incentives to encourage landowners to dedicate their mountain land for scenic and conservation easements. * * * 6. In 2010, Roanoke County has participated in a regional effort to identify and protect viewsheds along the Blue Ridge Parkway and the Appalachian Trail. * * * 9. In 2010, Roanoke County citizens exhibit a strong public and private sector commitment to the preservation of Roanoke County's distinctive cultural heritage -- its historic buildings and landscapes, archaeological sites and folk traditions. Agriculture and Forestry * * * 5. In 2010, Roanoke County continues to value, protect and preserve the scenic vistas, water resources and other important natural and cultural resources of the rural areas. There continues to be strong recognition that these resources are critical components of the quality of life of the region. *** CHAPTER 3 - LAND USE ISSUES Design Guidelines - Conservation Land Use Areas * * * B. Identify, evaluate and work to assure the preservation of wildlife habitats and corridors, natural landmarks, historic and archaeological sites, significant agricultural lands and examples of natural heritage. Maintain a registry of qualified areas and link decisions concerning land and 3 easement purchases and new developments with the conservation framework established. C. Encourage the establishment of additional Conservation land use areas through conservation easements, greenways and parks that in the end result, create a network of interconnected Conservation areas. Rural Preserve and Rural Village Land Use Areas In those areas of Roanoke County designated as rural and/or agricultural where local officials and residents are looking for preservation options, certain design strategies. can be followed. Through the use of these design strategies land will remain available for productive agricultural activities and open space, developers are not placed under any unreasonable constraints, and realtors gain a special marketing tool, in that rural views from the new homes will be guaranteed by the conservation easements. Land Use Recommendations for Rural Areas 1. Encourage land protection and conservation in rural areas. Recognize that tools such as conservation easements are the most cost-effective solution to protecting rural lands. * * * CHAPTER 5 - RESOURCE PRESERVATION Mountains and Ridgetops There are various options for mountains and ridgetop development policies ranging from identifying and preserving steep slopes that should not be developed to adapting the density of development to the terrain so that as slope increases, allowed density decreases. In addition, various design guidelines should be evaluated to minimize land disturbance and encourage retention of existing vegetation and appropriate architecture that blends with the natural surroundings. Another option is to provide legal and financial mechanisms for the acquisition of open-space and conservation easements in these areas. (ii) Land use policies of the County of Botetourt as delineated in its comprehensive plan adopted May 24, 2004, to which plan the restrictions set forth in this deed conform and which contains the following goals and objectives: 1) Goals: a) To achieve a balanced land use system that provides sufficient and compatible land areas for all community land use needs, while protecting sensitive natural environments and important local and cultural resources. b) . To maintain and enhance the County's high standard of environmental quality. 2) Objectives: a) Enhance the rural character of the County through the preservation of agricultural and forestal lands. 4 b) Implement appropriate policies and procedures to provide reasonable protection to the Blue Ridge Parkway and Appalachian Trail. c) Protect the County's natural resources including ground and surface waters, and air quality. d) Maintain the rural and scenic beauty of the County. e) Encourage the conservation and preservation of major historic and archaeological sites. (iii) Land conservation policies of the Commonwealth of Virginia as set forth m: a. Section 1 of Article XI of the Constitution of Virginia, which states that it is the Commonwealth's policy to protect'its atmosphere, lands and waters from pollution, impairment, or destruction, for the benefit, enjoyment, and general welfare of the people of the Commonwealth; b. The Open-Space Land Act cited above; c. Chapter 18, of Title 10.1, gglO.1-1800 through 10.1-1804 ofthe Code of Virginia cited above; d. The Virginia Land Conservation Incentives Act, Chapter 3 of Title 58.1, gg58.1-510 through 58.1-513 of the Code of Virginia, which supplements existing land conservation programs to further encourage the preservation and sustainability of the Commonwealth's unique natural resources, wildlife habitats, open spaces and forest resources; and e. The 2002 Virginia Outdoors Plan, which recognizes Carvins Cove Natural Reserve, of which the Property is a part, as an important conservation and recreation site in the Commonwealth and an integral component of the Roanoke Valley Greenways. (iv) Land management policies of the City of Roanoke set out in the Carvins Cove Natural Reserve Park Management Plan, adopted by the Council of the City of Roanoke December i7, 2007, and by the Western Virginia Water Authority January 17, 2008; and WHEREAS, the portion of Carvins Cove owned by the City (Carvins Cove Natural Reserve, part of which is under easement to VOF and WVLT) is comprised of approximately 11,363 acres of forested land with, significant topographic variation in Virginia's Blue Ridge physiographic province and surrounds approximately 1,072 acres owned by the Western Virginia Water Authority, and protection of the Property will further enhance the protection of the drinking water supply provided by Carvins Cove and its reservoir; and 5 WHEREAS, according to the Virginia Department of Conservation and Recreation Division of Natural Heritage, the Property may contain rare natural communities, and the provisions set forth in this deed, including the protection of ridges, steep slopes and feeder streams, and the limitation of livestock, new roads, construction and clear cut logging, will serve to protect these elements from degradation; and WHEREAS, Carvins Cove Natural Reserve comprises a municipally-owned park, managed by the City of Roanoke's Parks and Recreation Department, and affords open space and recreational opportunities to citizens of the Roanoke Valley and the Commonwealth of Virginia, and placing an easement on the Property will further protect and enhance those opportunities; and WHEREAS, Carvins Cove comprises the primary watershed for the largest source of public drinking water (Carvins Cove Reservoir) for several municipalities in the Roanoke Valley, including the City of Roanoke, Roanoke County, and the Town of Vinton, and part of Carvins Cove~ including the Reservoir, is owned by the Western Virginia Water Authority, and retention of the Property in open space helps protect water quality in the drainage area; and WHEREAS, a significant portion of Carvins Cove lies within a Source Water Protection Area, as designated by the Virginia Department of Health, and the ,preservation of the Property will contribute to the water quality of a water source (Carvins Cove Reservoir) for the Western Virginia Water Authority serving the City of Roanoke, Roanoke County, and the Town of Vinton; and WHEREAS, the Property is located in close proximity to and visible from the Appalachian National Scenic Trail, and significantly contributes to the scenic views enjoyed by the public therefrom; and WHEREAS, the Property is highly visible from the lookout at the peak of McAfee's Knob, one of the most frequently visited and photographed panoramas on the Appalachian National Scenic Trail; and WHEREAS, portions of Carvins Cove are visible from Interstate 81, State Route 1404 (Timberview Road), State Route 740 (Carvins Cove Road), and State Highway 115 (Plantation Road) in Roanoke County, Virginia, and on State Route 648 (Reservoir Road) in Botetourt County, Virginia, all public rights-of-way, and preservation of the open- space character of the Property contributes to the scenic views enjoyed by the driving public therefrom; and WHEREAS, the Property lies in close proximity to one 96-acre property under open-space easement to VOF and to a 81-acre property under open-space easement to VOF, both on the slopes of Tinker Mountain, and adjacent to a 6,185 acre property under open-space easement to VOF and WVLT, and thereby contributes to the open-space values ofthose properties; and 6 WHEREAS, this Easement will yield significant public benefit to the citizens of the Commonwealth as set forth in Section I; and WHEREAS, Grantor and Grantees desire to protect in perpetuity the conservation values specified in Section I by restricting the use of the Property as set forth in Section II; and I WHEREAS, Grantees have determined that the restrictions set forth in Section II (the Restrictions) will preserve and protect in perpetuity the conservation values of the Property, which values are reflected in Section I; and WHEREAS, Grantees have determined that the Restrictions set forth in Section II (the "Restrictions") will preserve and protect in perpetuity the conservation values of the Property and will limit use of the Property to those uses consistent with, and not adversely affecting, the conservation values of the Property and the governmental conservation policies furthered by the Easement; and WHEREAS, VOF, by acceptance of this Easement, designates the Property as property to be retained and used in perpetuity for the preservation and provision of open- space land pursuant to the Open-Space Land Act. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants herein and their acceptance by Grantees, Grantor does hereby give, grant and convey to Grantees a conservation and open-space easement in gross (Easement) over, and the right in perpetuity to restrict the use of the Property, constituting all of that portion of Carvins Cove owned by Grantor that is below the 1,500 foot elevation contour line and above the 1,200 foot elevation contour line, as shown on the Catawba, Roanoke, Salem, and Daleville quadrangle maps prepared by the U. S. Geological Survey, which consists of approximately 5,178 acres, more or less, partially lying within the Catawba Magisterial District, Roanoke County, Virginia, near the City of Roanoke, fronting on State Route 740 (Carvins Cove Road) partially lying within the Amsterdam Magisterial District, Botetourt County, Virginia, near Glebe Mills, Virginia. See Schedule A attached for derivation ofproperty of Grantor, of which the Property that is the subject of this Easement is a part. The Property consists of those portions, if any, of Tax Map Nos. 018.00-01- 09.00-0000, 018.00-01-09.00- OOOOA, 0 18. 00-0 1-09. OO-OOOOB, 018.00-0 1-09. OO-OOOOC, 018.00-01-01 :OO-OOOZ, 009.00-01-21.00-0000, and 009.00-01-20.01-0000 among the land records of the County of Roanoke, Virginia, and portions, if any, of Tax Map Nos. 98-20, 99-1, and 100-78 among the land records of the County of Botetourt, Virginia, which are below the 1,500 foot elevation contour line and above the 1,200 foot elevation contour line as depicted on the Daleville, Catawba, Roanoke and Salem USGS Topographic Quadrangle Maps. Even ifthe Property consists of more than one parcel for real estate taxation or any other purpose, it shall be considered one parcel for purposes of this Easement, and the restrictions and covenants of this Easement shall apply to the Property as a whole. 7 SECTION I -PURPOSE The conservation purposes of this Easement are to protect land for watershed preservation, natural resource-based outdoor recreation or education, preservation of scenic open space, natural'habitat and biological diversity, forestal use, and preservation of open space designated by local government, and to protect the conservation values of the Property in perpetuity by imposing the restrictions on the use ofthe Property set forth in Section II and providing for their enforcement in Section III. The conservation values of the Property are its open-space, scenic, natural, and recreational values and its values as land preserved for open-space and forestry. SECTION II - RESTRICTIONS Restrictions are hereby imposed on the use of the Property pursuant to the public policies set forth above. The acts that Grantor covenants to do and not to do upon the Property, and the restrictions that Grantees are hereby entitled to enforce, are and shall be as follows: 1. DIVISION. The Property shall not be divided into, or separately conveyed as, more than five parcels. Grantor shall give Grantees written notice prior to making any division of the Property. In the event of a division of the Property as provided in this Paragraph 1, the grantor making the conveyance retains the right to make any further permitted divisions of the Property unless permitted divisions are allocated by that grantor in the instrument creating the division or other recorded instrument. Boundary line adjustments with adjoining parcels of land are permitted and shall not be considered divisions of the Property, provided that Grantees are made parties to the deed creating the boundary line adjustment and at least one of the following conditions is met: (i) The entire adjacent parcel is subject to a recorded open-space easement held by either Grantee; or (ii) The entire adjacent property is owned by the Western Virginia Water Authority, National Park Service, or successor organizations; or (iii) The proposed boundary line adjustment shall have been reviewed and approved in advance by the Board of Trustees of VOF and the Board of Trustees ofWVLT. 2. BUILDINGS AND STRUCTURES. No new buildings, structures, roads, or utilities are permitted on the Property other than the following: (i) To protect water quality, rare ecological communities, and the recreational and scenic values of the Property: Buildings and structures intended to serve the purposes listed in Section II Paragraph 3 below, which buildings and structures shall not exceed an aggregate of 50,000 square feet of above-ground 8 enclosed area without Grantee's prior review and written approval, which approval shall take into consideration the impact of the proposed increase in permitted square footage on the scenic and other conservation values of the Property. Such buildings and. structures shall not individually exceed 5,000 square feet of above-ground enclosed area without Grantee's prior review and written approval, which approval shall take into consideration the impact of the size, height and siting of the proposed building or structure on the scenic and other conservation values of the Property. Buildings and structures currently existing on the Property shall be counted in the permitted aggregate square feet of above-ground enclosed area. Grantor shall give Grantees thirty (30) days' written notice before beginning construction or enlargement of any buildings or structure on the Property larger than 3000 square feet of above-ground enclosed area. In the event of division of the Property as provided in Section II, Paragraph 1, permitted above-ground enclosed square footage shall be allocated among the parcels in the instrument creating the division or other recorded instrument; (ii) Permeable roads and trails to serve permitted buildings or structures and permitted uses, such as forestry management, may be constructed and maintained. Nothing herein shall prevent the construction and maintenance of permeable parking areas to serve permitted buildings and structures. (iii) Public or private utilities to serve permitted buildings or structures only and public or private utilities to serve parcels created by pennitted divisions of the Property may be constructed and maintained. Public or private utilities that do not serve the Property shall not cross, or otherwise impact, the Property unless Grantees determine that the construction and maintenance of such utilities will not impair the conservation values of the Property and give their prior written approval for such construction and maintenance, which approval shall take into consideration the visibility of such utilities from other properties and the impact of such utilities on the other conservation values ofthe Property. Grantor reserves its rights to approve such public or private utilities. Grantees hereby approve the maintenance and operation of all existing utilities on the Property. (iv) Buildings, structures, equipment and other facilities owned and operated by Grantor, the Western Virginia Water Authority, or other governmental entity and related to the production, transmission, or treatment of public drinking water. 3. USES OF THE PROPERTY AND COMMERCIAL ACTIVITIES. Activities other than the following are prohibited: (i) nature education and related activities of nonprofit organizations and educational institutions, public recreation (inCluding but not limited to horseback riding, camping, hiking, and bicycling) and facilities and trails for the same, and related small-scale incidental commercial activities that the Grantees approve in writing as consistent with the restrictions of and not impairing the conservation values of this Easement; (ii) temporary or seasonal outdoor activities that do not permanently alter the physical appearance of the Property and that do not diminish the conservation values herein protected; (iii) activities that can be and in fact are conducted within permitted buildings without material alteration to their external appearance; and 9 (iv) activities related to the production, transmIssIon, or treatment of public drinking water. Grantor will use its best efforts to prevent any new trails from being constructed, without prior approval of Grantees, through any natural communities identified by the Virginia Department of Conservation and Recreation Division of Natural Heritage. 4. MANAGEMENT OF FOREST. It is the intent of the Grantor that the existing woodlands be maintained in their natural state. No timbering shall be permitted on the Property other than for: the construction and maintenance of trails, roads; buildings or structures permitted herein; cutting trees which are diseased, or have died naturally; cutting trees that, were they not removed, would present an imminent hazard to human health or safety; removal of exotic or invasive species; and other forest management activities required to protect forest health and rare species habitat. Best Management Practices, as defined by the Virginia Department of Forestry, shall be used to control erosion and protect water quality when any forest management activity involving timber harvest or land-clearing activity is undertaken. All material timber harvest activities on the Property shall be guided by a Forest Stewardship Management Plan approved by the Grantees. ("Material timber harvest" shall mean any cutting of trees in excess of an acre.) A pre- harvest plan consistent with the Forest Stewardship Management Plan shall be submitted to the Grantees for approval thirty (30) days before beginning any material timber harvest. Objectives of the Forest Stewardship Management Plan shall include, but are not limited to, protection of water quality and rare species habitat. 5. GRADING, BLASTING, MINING. Grading, blasting or earth removal shall not materially alter the topography of the Property except for (i) wetlands or stream bank restoration pursuant to a government permit, (ii) erosion and sediment control pursuant to a government-required erosion and sediment control plan, or (iii) as required in the construction of permitted trails, buildings, structures, roads, and utilities. Best Management Practices, in accordance with the Virginia Erosion and Sediment Control Law, shall be used to control erosion and protect water quality in such construction. Grading, blasting or earth removal in excess of one acre for the purposes set forth in subparagraphs (i) through (iii) above require thirty (30) days' prior notice to the Grantees. Generally accepted agricultural activities shall not constitute a material alteration. Surface mining, subsurface mining, dredging on or from the Property, - or drilling for oil or gas on the Property are prohibited, except to the extent permitted by leases, licenses, easements, or other legal rights or privileges -in the Property recorded before this Easement. 6. ACCUMULATION OF TRASH. Accumulation or dumping of trash, refuse, junk or toxic materials is not permitted on the Property. This restriction shall not prevent generally accepted wildlife management practices on the Property. 10 7. SIGNS. Display of billboards, signs, or other advertisements is not permitted on or over the Property except to: (i) state the name and/or address of the owners of the Property, (ii) advertise the sale or lease of the Property, (iii) advertise the sale of goods or services produced incidentally to a permitted use of the Property, (iv) provide notice necessary for the protection of the Property, (v) give directions and information to visitors, (vi) recognize historic status or participation in a conservation program. Signs visible from outside the Property shall not individually exceed 36 square feet in size. 8. RIPARIAN BUFFER. To protect water quality, a 100-foot buffer strip shall be maintained in forest or be permitted to revegetate naturally along each edge of all perennial streams on the Property as shown as solid lines on the Daleville, Catawba, Roanoke, and Salem USGS Topographic Quadrangle Maps, as measured from the tops of the banks of the individual streams. Within this buffer strip there shall be (i) no buildings or other substantial structures constructed, (ii) no storage of compost, manure, fertilizers, chemicals, machinery or equipment, (iii) no removal of trees except removal of invasive species or removal of dead, diseased or dying trees or trees posing an imminent human health or safety hazard, or as may be required for trail construction, and (iv) no cultivation or other earth-disturbing activity, except as may be reasonably necessary for (a) wetland or stream bank restoration, or erosion control, pursuant to a government permit, (b) fencing along or within the buffer area; (c) construction and maintenance of stream crossings that do not materially obstruct water flow, and (d) creation and maintenance of trails with unimproved surfaces. Limited mowing to control non-native species or protect trees and other plants planted in forested buffers is permitted. There shall be no grazing of livestock in the buffer strips. SECTION III - ENFORCEMENT I. RIGHT OF INSPECTION. Representatives of Grantees may enter the Property from time to time for purposes of inspection (including photographic documentation of the condition of the Property) and enforcement of the terms of this Easement after permission from or reasonable notice to the Grantor or the Grantor's representative, provided, however, that in the event of an emergency, entrance may be made to prevent, terminate or mitigate a potential violation of these restrictions with notice to Grantor or Grantor's representative being given at the earliest practicable time. 2. ENFORCEMENT. Grantees have the right to bring an action at law or in equity to enforce the Restrictions contained herein. This right specifically includes the right to require restoration of the Property to a condition 0 f compliance with the terms ofthis Easement as existed on the date of the gift ofthe Easement, except to the extent such condition thereafter changed in a manner consistent with the Restrictions; to recover any damages arising from non-compliance; and to enjoin 11 non-compliance by ex parte temporary or permanent injunction. If the court determines that Grantor failed to comply with this Easement, Grantor shall reimburse Grantees for any reasonable costs of enforcement, including costs of restoration, court costs and attorney's fees, in addition to any other payments ordered by the court. Grantees' delay shall not waive or forfeit its right to take such action as may be necessary to insure compliance with this Easement, and Grantor hereby waives any defenses of waiver, estoppel or laches with respect to any failure to act by Grantees. Notwithstanding any other provision of this Easement, Grantor shall not be responsible or liable for any damage or change to the condition of the Property caused by fIre, flood, storm, Act of God, governmental act or other cause outside of Grantor's control or any prudent action taken by Grantor to avoid, abate, prevent or mitigate damage or changes to the Property from such causes. SECTION IV - DOCUMENTATION Documentation retained in the office of Grantees including, but not limited to, the Baseline Documentation Report ("Documentation Report"), describes the condition and character ofthe Property at the time of the gift. The Documentation Report may be used to determine compliance with and enforcement of the terms of this Easement; however, the parties are not precluded from using other relevant evidence or information to assist in that determination. Grantor has made available to Grantees, prior to donating this Easement, documentation sufficient to establish the condition of the Property at the time of the gift. The parties hereby acknowledge that the Documentation Report contained in the fIles of Grantees is an accurate representation of the Property. SECTION V - GENERAL PROVISIONS 1. DURATION. This Easement shall be perpetual. It is an easement in gross that runs with the land as an incorporeal interest in the Property. The covenants, terms, conditions and restrictions contained in this Easement are binding upon, and inure to the benefit of, the parties hereto and their successors and assigns, and shall continue as a servitude running in perpetuity with the Property. Grantor's rights and obligations under this Easement terminate upon proper transfer of Grantor's interest in the Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 2. PUBLIC ACCESS. Although this Easement will benefIt the public as described above, nothing herein shall be construed to convey to the public a right of access to, or use of the Property. Grantor retains the exclusive right to control such access and use, subject to the terms hereof 3. TITLE. Grantor covenants and warrants that Grantor has good title to the Property, that Grantor has all right and authority to grant and convey this Easement and that the Property is free and clear of all encumbrances (other than 12 utility and access easements, and other conditions and easements. of record) including, but not limited to, any mortgages not subordinated to this Easement. 4. ACCEPTANCE. Acceptance of this conveyance by Grantees is authorized by Virginia Code Sections 10.1-1801 and 10.1-1010 and is evidenced by the signature of a Deputy Director of VOF, by authority granted by its Board of Trustees and by the signature of Executive Director of WVL T by authority granted by its Board of Trustees. 5. INTERACTION WITH OTHER LAWS. This Easement does not permit any use of the Property which is otherwise prohibited by federal, state, or local law or regulation. Neither the Property, nor any portion of it, shall be included as part of the gross area of other property not subject to this Easement for the purposes of determining density, lot coverage or open-space requirements under otherwise applicable laws, regulations or ordinances controlling land use and building density. No development rights that have been encumbered or extinguished by this Easement shall be transferred to any other property pursuant to a transferable development rights scheme, cluster ,development arrangement or otherwise. 6. CONSTRUCTION. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor ofthe grant to effect the purposes of the Easement and the policy and purposes of Grantees. If any provision of this Easement is found to be ambiguous, an interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. Notwithstanding the foregoing, lawful acts or uses not expressly prohibited by this Easement are permitted on the Property. 7. REFERENCE TO EASEMENT IN SUBSEQUENT DEEDS. This Easement shall be referenced by deed book and page number, instrument number or other appropriate reference in any deed or other instrument conveying any interest in the Property. 8. NOTICE TO GRANTEES. Grantor agrees to notify Grantees in writing (i) before exercising any reserved right that Grantor believes may have an adverse effect on the conservation or open-space values or interests associated with the Property; and (ii) at or prior to closing on any inter vivos transfer, other than a deed oftrust or mortgage, of all or any part of the Property. 9. MERGER. Grantor and Grantees agree that in the event that Grantees, or either of them, acquire a fee interest in the Property, this Easement shall not merge into the fee interest, but shall survive the deed and continue to encumber the Property. 10. ASSIGNMENT BY GRANTEES. Grantees may not transfer or convey this Easement unless Grantees condition such transfer or conveyance on the requirement that (I) all restrictions and conservation purposes set forth in this 13 / Easement are to be continued in perpetuity and (2) the transferee then qualifies as an eligible donee as defined in Section 170(h)(3) of the IRC as amended and the applicable Treasury Regulations. 11. GRANTEES' PROPERTY RIGHT. Grantor agrees that the donation of this Easement gives rise to a property right, immediately vested in Grantees, with a fair market value that is equal to the proportionate value that the perpetual conservation restriction at the time of the gift bears to the value of the Property as a whole at that time. 12. EXTINGUISHMENT, CONVERSION, DIVERSION. Grantor and. Grantees intend that this Easement be perpetual and acknowledge that no part of the Property may be converted or diverted from its open-space use except in compliance with the provisions of Section 1 0.1-1704 of the Open-Space Land Act which does not permit extinguishment of open-space easements or loss of open space. Nevertheless, should an attempt be made to extinguish this Easement, such extinguishment can be made only by judicial proceedings and only if in compliance with Section 10.1-1704. 13. VESTED RIGHTS. Nothing in this easement shall restrict or infringe upon any existing lease, license, easement, or other legal right or privilege in the Property reserved by, or granted by the Grantor to, either express or implied, any third party. In addition, this easement shall be subject to all covenants, easements, encumbrances or other restrictions of record. 14. AMENDMENT. Grantees and Grantor may amend this Easement to enhance the Property's conservation values or add to the restricted property, provided that no amendment shall affect this Easement's perpetual duration or reduce the Property's conservation valuys. No amendment shall be effective unless documented in a notarized writing executed by Grantees and Grantor and recorded among the land records of the Counties of Roanoke, Virginia, and Botetourt, Virginia. 15. SEVERABILITY. If any provision of this Easement or its application to any person or circumstance is determined by a court of competent jurisdiction to be invalid, the remaining provisions ofthis Easement shall not be affected thereby. 16. ENTIRE AGREEMENT. This instrument sets forth the entire agreement of the parties with respect to this Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the easement. 17. CONTROLLING LAW. The interpretation and performance of this Easement shall be governed by the laws of the Commonwealth of Virginia, resolving any ambiguities or questions of the validity of specific provisions in order to give maximum effect to its conservation purpose. 14 18. RECORDING. This Easement shall be recorded in the land records in the Circuit Court Clerk's Offices ofthe Counties of Roanoke, Virginia, and Botetourt, Virginia, and Grantees may re-record it any time as may be required to preserve its rights under this Easement. WITNESS the following signatures and seals: [Counterpart signature pages follow] 15 CITY OF ROANOKE, Grantor, By: City Manager COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF , TO WIT: The foregoing instrument was acknowledged before me this _ day of , 2009, by My commission expires: Notary Public Reg. No. 16 Accepted: VIRGINIA OUTDOORS FOUNDATION, By: Printed Name and Title COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF , TO WIT: The foregoing instrument was acknowiedged before me this _ day of , 2009, by My commission expires: Notary Public Reg. No. 17 Accepted: WESTERN VIRGINIA LAND TRUST By: , Printed Name and Title COMMONWEAL TH OF VIRGINIA, CITY/COUNTY OF , TO WIT: The foregoing instrument was acknowledged before me this _ day of , 2009, by My commission expires: Notary Public Reg. No. 18 Schedule A Carvins Cove Natural Reserve (11,363 acres, more or less) Botetourt County Property consisting of 122.88 acres, more or less, conveyed to the City of Roanoke by deed dated November 26, 1938, from R. K. Rector and Pearl Rector, N. 1. Patsel, Jr., and Mountain Trust Bank, executors under the will of M. 1. Patsel, and Clara L. Patsel, recorded in Deed Book 88, page 390, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 160.7 acres, more or less, conveyed to the City of Roanoke by deed dated March 24, 1939, from James M. Padgett and Leona 1. Padgett, and Sallie E. Padgett, recorded in Deed Book 88, page 538, in the Clerk's Office of the Circuit Court of Botetourt County. Property in an unstated amount conveyed to the City of Roanoke, Virginia, for road relocation purposes by deed dated March 24, 1939, from Sallie E. Padgett, recorded in Deed Book 88, page 539, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 104 acres, more or less, conveyed to the City of Roanoke by deed dated April 1, 1940, from Minnie Reedy and E. F. Reedy, recorded in Deed Book 90, page 102, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 111.5 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated June 5, 1942, from James Crawford and Agnes Crawford, Coleman Crawford and Lillie Crawford, Herman W. Crawford and Hazeltine Crawford, Myrtle Conn and Percy Conn, Carlie Waldon, Clara Lee Goad and James C. Goad, and S. C. Crawford, recorded in Deed Book 92, page 228, in the Clerk's Office of the Circuit Court of Botetourt County. Property believed to consist of 113 acres, more or less (but not stated in the deed), conveyed to the City of Roanoke, Virginia, by deed dated June 5, 1942, from B. M. Haislip, widow, recorded in Deed Book 92, page 173, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 155 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated June 17, 1942, from Lena Evelyn Pollard, recorded in Deed Book 92, page 189, in the Clerk's Office of the . Circuit Court of Botetourt County. . Property consisting of 154 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated July 1, 1942, by Austin F. Stanley and Annie May Stanley, recorded in Deed Book 92, page 223, in the Clerk's Office of the Circuit Court of Botetourt County. Property of an unstated amount conveyed to the City of Roanoke by deed dated June 30, 1942, from Carter B. Oliver and Nettie B. Oliver, recorded in Deed Book 92, page 205, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 162 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated August 14, 1942, from Pearle T. Layman and Retta May Layman, recorded in Deed Book 92, page 253, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 60 acres, more or less, less an unstated amount of property, conveyed to the City of Roanoke, Virginia, by deed dated June 25, 1942, from P. 1. Boothe and Pearlie P. Boothe, recorded in Deed Book 92, page 264, in the Clerk's Office of the Circuit Court of Botetourt County. 19 Property of an unstated amount conveyed to the City of Roanoke, Virginia, by deed dated August 1, 1942, from W. S. Hickam, Jr., and Mary Juanita Hickam, recorded in Deed Book 92, page 265, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of all or partial interests in 263 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated September 8, 1942, from Mrs. E. P. Riley, R. L. Riley and Virginia B. Riley, C. C. Riley and Edrie T. Riley, E. P. Riley, Jr., Mary Louise Riley, and Celia A. Riley, recorded in Deed Book 92, page 295, in the Clerk's Office of the' Circuit Court of Botetourt County. Property consisting of 35 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated August 28, 1942, from Lester Gusler and Ollie Gusler, Gladys Lee and William Lee, Louvinia Riley and Lyle Riley, Cassie Riley and Clarence Riley, Elva Lyle and Fred Lyle, Marie Tullis and Ralph Tullis, and 1. H. Gusler, recorded in Deed Book 92, page 300, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 88 acres, more or. less, conveyed to the City of Roanoke, Virginia, by deed dated August 28, 1942, from J. H. Gusler and Mary L. Gusler, recorded in Deed Book 92, page 301, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 2.45 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated October 5, 1942, from Mrs. Dola Wellons and William T. Wellons, recorded in Deed Book 92, page 321, in the Clerk's Office of the Circuit Court of Botetourt County. . Property consisting of 276 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated October 22, 1942, from R. T. Trout and Effie 1. Trout, recorded in Deed Book 92, page 350, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 24.25 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated October 27, 1942, from Grover C. Riley and Myrtle V. Riley, recorded in Deed Book 92, page 367, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 10 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated November 24, 1942, from H. W. Belcher and Clara B. Belcher, recorded in Deed Book 92, page 403, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 1,088.5 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated December 8. 1942, from L. E. Hurt, Jr., special commissioner, W. S. Murray, Jr., and Corinne M. Murray, Louise M. Spigle and Moyer Spigle, Flora M. Showalter and Fred Showalter, Loula O. Rowland, Mary P. Murray and G. P. Murray, Lawrence P. Murray and Della B. Murray, Ruby M. Halsey and Kyle Halsey, Ola M. Hurt and John O. Hurt, Floella M. Dove and Charles S. Dove, G. W. Murray and Vilus S. Murray, Lucy M. Williams and Warnt;r C. Williams, in their own right and as the heirs ofD. W. Patterson and W. S. Murray, recorded in Deed Book 92, page 404, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 132.25 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated January 28, 1943, from S. L. Fellers, special commissioner in the chancery cause ofW. E. Riley, et aI. v. James S. Crawford, et aI., recorded in Deed Book 92, page 463, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 920 acres in the aggregate, more or less, acquired by the City of Roanoke by a condemnation decree entered March 31, 1943, from O.L. Dogan, O. L. Dogan and Ora May Mullins, M. C. Dogan, W. R. Gussler, Mary Lollis Coldfelter (nee Mary Lollis), Elsie M. Lavender, Oscar Gowens, Lewis E. Gowens and Frank L. Cochran, C. G. Wade and R. L. Little, Sallie Padgett, M. M. Sullivan and Lurah Fagg, S. C. Dogan, 1. W. Currie, Cecil Riley, Butram Riley and P. T. Layman, Trustees for Missionary 20 Baptist Church and Methodist Episcopal Church, and L. L. Riley, recorded in Deed Book 92, page 534, in the Clerk's Office of the Circuit Court of Botetourt County. Certain rights to lay water lines granted to the City of Roanoke by Hollins College Corporation by deed dated December 11, 1944, recorded in Deed Book 94, page 364, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of234.5 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated December 17, 1986, from George B. Lawson, Jr. and Helen M. Lawson, Julia L. Goodridge, and Katherine V. Lawson, recorded in Deed Book 326, page 55, in the Clerk's Office of the Circuit Court of Botetourt County. 21 Roanoke County Property consisting of 72.61 acres, more or less, conveyed to the City of Roanoke by Franklin Real Estate Company, a Pennsylvania corporation, by deed dated April 6, 1972, recorded in Deed Book 941, page 116, in the Clerk's Office of the Circuit Court of Roanoke County. Property consisting of 273.673 acres, more or less, conveyed to the City of Roanoke by deed dated October 10, 1973, from M. S. Thomas, recorded in Deed Book 983, page 113, in the Clerk's Office of the Circuit Court of Roanoke County. Property consisting of 12.175 acres, more or less, conveyed to the City of Roanoke by deed dated August 19, 1976, from Claude A. Weaver and Hazel S. Weaver, recorded in Deed Book 1048, page 130, in the Clerk's Office of the Circuit Court of Roanoke County. Property consisting of 35.435 acres, more or less, conveyed to the City of Roanoke by deed dated January 14, 1977, from L. F. Stultz and Lucille H. Stultz, recorded in Deed Book 1056, page 809, in the Clerk's Office of the Circuit Court of Roanoke County. Property consisting of 189.3 acres [?], more or less, conveyed to the City of Roanoke by deed dated August 27, 1981, from Mason H. Littreal and Elizabeth N. Littreal, recorded in Deed Book 1174, page 687, in the Clerk's Office of the Circuit Court of Roanoke County. Property consisting of 6.385 acres, more or less, conveyed to the City of Roanoke by deed dated May 23, 1995, from Major Motor Inns, Inc., recorded in Deed Book 1475, page 119, in the Clerk's Office of the Circuit Court of Roanoke County. 22 Botetourt and Roanoke Counties Property consisting of a total of 7,573.20 acres, more or less, acquired from Roanoke Water Works Company. The report of commissioners and order entered April 28, 1938, confirming title in the City of Roanoke, Virginia, are recorded in Deed Book 254, pages 234 and 235, in the Clerk's Office of the Circuit Court of Roanoke County. Property consisting of 157.93 acres, more or less, conveyed to the City of Roanoke by deed dated July 15, 1969, from Greater Roanoke Valley Development Foundation, recorded in Deed Book 879, page 539, in the Clerk's Office of the Circuit Court of Roanoke C01,lnty, and in Deed Book 187, page 399, in the Clerk's Office of the Circuit Court of Botetourt County. Property consisting of 415 acres, more or less, conveyed to the City of Roanoke, Virginia, by deed dated February 24, 1983, from M & L Hunt Club, recorded in Deed Book 1190, page 922, in the Clerk's Office of the Circuit Court of Roanoke County, and in Deed Book 282, page 522, in the Clerk's Office of the Circuit Court of Botetourt County. LESS AND EXCEPT 1,017.2 acres below the 1,200 foot elevation contour, including the reservoir, which were conveyed by the City to the Western Virginia Water Authority, by deeds dated July 1, 2004, recorded as Instrument No. 200412335, in the Clerk's Office of the Circuit Court of Roanoke County, and as Instrument No. 040004622, in the Clerk's Office of the Circuit Court of Botetourt County. This conveyance is subject to existing easements for public roads and highways, public utilities, railroads and pipe lines; also subject to any recorded or outstanding oil, gas, and mineral rights in third parties; and is also subject to all recorded conditions and restrictions and to any easements that have been established by recordation or by prescription. This conveyance is specifically subject to easements conveyed to the United States of America by deeds recorded in Deed Book 1595, page 1255, (consisting of 827.3 i acres) and in Deed Book 0000, page 0011, (consisting of approximately 45.85 acres) in the Clerk's Office of the County of Botetourt, for the Appalachian National Scenic Trail. This conveyance is subject to an unrecorded Pipeline License agreement by and between the City of Roanoke and Roanoke Gas Company dated July 12, 1996, noted on a plat recorded in Plat Book 21, pages 87-97, in the Clerk's Office of the County of Botetourt. The attorney who prepared this schedule has not performed a title examination and makes no title guarantee or representation thereto. 23 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - -" - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- '--- S ~""'T"-r-E-M-''''O-O.N--'..--' -----.-.------ I ---^~._- -..L.-..c.;-r.n-~-J.\I.:.L- ..- - Pl'-" --.-- --c-~G_I7T-Y~Q;l:;'--.--ROANQKE- CL ER K I. S 0 F-F-J:-CE---.-----------:c-.:;:-r---;-----c---I---------. -- . :.::.:::.::r;[::'li3--:-CHURCR-AVE - S W . R M 45 6 NOEL C. TAYLOR MUNICIPAL BLDG_ ROANOKE VA 24011 REFERENCE: 32143302 11560055 NPH-Conservation Eas State of Virginia City of Roanoke I, (the unders igned) an au thori zed representa ti ve 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 subscribed before me this 2009. Witness my hand and Vi~~~ia. Sworn and _JL~~~day of August official seal. y.. ~ -rft Notary Public \\\.HII..", \\\ A "" " \,\, ...\~ . 'VIC~ ;~, ...," ..l~" ,.,..... <'::1.1v. ...... ... -'.' A. "A_'" ... . 'vOl':." - 7:\ .. ~ *. ..' ~ p, r~.;'1fi >; '. (-.... -:;. : : '1'S; v~"" '. ~ -:. ".C')' AIo. G. ""..0 . m - ,- (:). ''1re "'':;>", .- : _ : Ofl1A. . <")g0. ::D" - =-- '~'vQs. -~>. : ; ~ ". ;0;, S S/0/\! .:.L.:: -:.::e,', I " "V'~ "~~'" . ..' ~~ ..~ ''f( '.,..... -# ," "'"llt OF \J\s,G ,..." . "'jIlIH~\\\\ PUBLISHED ON: 08/10 TOTAL COST: FILED ON: 205.92 08/14/09 ------- ~"--'---'-~---- -----'- ._---~---~- - '." -- t I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I NOTICE OF PUBLIC I~- HEARING r The City of Roanoke proposes to grant a conservation easement to the Virginia Outdoors Foundation and the Western Virginia Land Trust covering approximately 5,178 acres at the Carvins Cove Natural Reserve, t~e easement consists of all the portion of the Reserve owned by the City between the 1,500 and 1,200 foot elevation contour line as depicted on' the Daleville ,Catawba, Roanoke and ,Salem USGS Topographic IQuadrangle Maps. ' Pur Sua n t t.o the! Ir e qui rem e n t s 0 f I ~~15.2-1800 and :15.2-1813. Code of Virginia ,(1950) as amended, notice, lis hereby given that the City Council of the City of Roanoke will hold a public ~earing on the above matter at its regular' meeting to be held on ,Monday. August 17, 2009 ~ommenclng at 7:00 p.m.; In the Council Chambers 4th Floor. Noel C. Taylo; Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on such matter. _ If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541. before 12:00 noon on Thursday August 13,2009. ' GIVEN under my hand this 4th day of August, 2009. Stephanie M. Moon City Clerk (11560055) I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- Authorized K'Ol1Y\rtO \ Signature:__~~~_~_~. Billing Services Representative $ NOTICE OF PUBLIC HEARING The City of Roanoke proposes to grant a conservation easement to the Virginia Outdoors Foundation and the Western Virginia Land Trust covering approximately 5,178 acres at the Carvins Cove Natural Reserve, the easement consists of all the portion of the Reserve owned by the City between the 1,500 and 1,200 foot elevation contour line as depicted on the Daleville, Catawba, Roanoke and Salem USGS Topographic Quadrangle Maps. Pursuant to the requirements of ~~15.2-1800 and 15.2-1813, Code of Virginia (1950) as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, August 17, 2009, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on such matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, August 13,2009. GIVEN under my hand this 4th day of August ,2009. Stephanie M. Moon City Clerk Publish once on August 10, 2009 K:\Carvins Cove\public hearing notice for conversation easement 2009.doc Notice to Publisher: Publish once in the Roanoke Times on Monday, August 10, 2009. D 1 Send bill and affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 K:\Notices\2009\August\NPH-Conservation Easement.doc ~' ., ,. '. Comments by Terry Hall A.!. AEP STATEMENT ON THE PROPOSED CARVINS COVE CONSERVATION EASEMENT ') My name is Terry Hall, Manager of External Affairs with Appalachi'an Power Company, and I ~ appreciate the opportunity to comment on the City's consideration of another conservation easement in the Carvins Cove area. On behalf of Appalachian Power, we commend the City on its work to protect tracts of undeveloped land for the future. As you may know, Appalachian has also been a big supporter of Govemor Kaine's conservation easement initiative. In April 2008, the Company announced its plans to enter into a conservation easement with the Virginia \ Outdoors Foundation covering almost 5,000 acres of scenic land near the Company's dam and generating facilities at Smith Mountain Lake. That easement was put in place in January of this year. The Company and its parent, AEP, continue to work to preserve undeveloped areas throughout service territories in 11 states. The Company applauds and supports the City of Roanoke's plans to place a conservation easement on the Carvins Cove property. We ate, however, aware of a potentially serious issue that I wish to bring to Council's attention this evening. Just as the Smith Mountain conservation easement is in close proximity to the Company's Smith Mountain generating facilities, the Carvins Cove property spans the western approaches to Appalachian's Cloverdale Substation. The Cloverdale Substation is a critical component ofthe bulk electric transmission system supplying power to the Roanoke, the greater Roanoke Valley area, and Lynchburg ar~as. The substation is primarily supplied from the west by two extra high voltage transmission lines, the Jacksons Ferry-Cloverdale 765 kV line and the Kanawha River- Matt Funk-Cloverdale 345 kV line, both crossing the Carvins Cove property. These two EHV {#1273822-I,01l380-00800-01} lines, together with some smaller transmission lines and the Cloverdale Substation, represent the / primary source of electrical power for the entire Roanoke Valley and east to Lynchburg. Few people would argue that a reliable supply of electricity is not essential to our way of life. As a regulated public service company, Appalachian is charged by law with ensuring that a reliable supply of electricity is available to support the residents, businesses and communities of our service territory. Part of this public service responsibility is planning, designing and building the facilities necessary to accommodate future growth in demand for electricity, including high voltage transmission lines to transmit the power from the generators to the consumers. These electric utility facilities are part of the basic infrastructure that supports our community and economy, and as such are just as necessary as water and sewer lines, for example. With that public service responsibility in mind, when it granted the Smith Mountain conservation easement, Appalachian was careful to reserve the right to construct future transmission lines across the Smith Mountain property. I also note that the City is careful in the proposed Carvins Cove easement to reserve to itself and the Water Authority the right to build water utility facilities to support a reliable and adequate supply of public drinking water to the area. That reservation is prudent and necessary. Similarly, because there is a critical need to preserve the ability to bring new transmission lines from the west into the Cloverdale Substation when necessary - at some point-in-time in the future - to preserve reliability, the Company suggests strongly that the City also reserve in its proposed conservation easement the right of the City to approve a right-of-way for Appalachian to construct a new transmission line parallel and adjacent to the existing 765 and 345 kV transmission line rights-of-way across the Carvins Cove property for the lines. Such a reservation would essentially preserve the status quo. That is, when a need for a new line arises, Appalachian would still have to work out an agreement with {#1273822-1,011380-00800-01} 2 the City for a future transmission line to cross the property. We believe this is far preferable to the current form of the proposed conservation easement, which could be a perpetual bar to any future transmission lines, regardless of how critical the need is. It is worth pointing out that, before it can build any new high voltage transmission lines, the Company must make application to the State Corporation Commission for a certificate of public convenience and necessity. The SCC process involves public notice, public hearings and the opportunity for any interested party to present evidence and participate in an evidentiary proceeding before the SCC to determine whether the proposed line is needed and whether the route reasonably minimizes adverse environmental impact. When a new line is needed, if the Company is unable to parallel its existing transmission lines . across the Carvins Cove property into the Cloverdale Substation, it will be forced to alternative routes, if available, to the south and east of Carvins Cove. This would bring the new line close to homes and built-up areas. With electric service reliability for the Valley at issue, the Company believes that it makes sense to, at minimum, preserve the flexibility to consider reasonable opportunities to access Cloverdale Station, and decisions which permanently foreclose consideration of the Carvins Cove property would be unnecessarily risky. In the Smith Mountain conservation easement, the Company was able to reach agreement with the Virginia Outdoors Foundation on acceptable language that allows the Company sufficient flexibility to permit it to fulfill its public service obligation with regard to reliability while adequately protecting the Outdoors Foundation's conservation interests. For the same reason, we respectfully request that City Council reserve in the proposed Carvins Cove conservation easement the right for the City to approve a right-of-way for Appalachian to construct a new {#1273822-1, Ol1380-00800-01} 3 transmission line parallel and adjacent to the existing 765 and 345 kV transmission linerights-of- f way across the Carvins Cove property. I am happy to answer any questions. Thank you. {#1273822-1, O1l380-00800-01} 4 Miscellaneous: City Council- 7/2/09 ,..~ ' CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov July 2, 2009 RESPONSE REQUESTED Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Draft Carvins Cove Recreation Program Plan Attached for your review and feedback is a draft of the "Carvins Cove Recreation Program Plan" which is intended to provide a framework for future recreation program activities to be undertaken at the Carvins Cove Natural Reserve. This framework will define recreation activities, .and any support facilities necessary to conduct those activities, that would be enumerated and incorporated into the second proposed Conservation Easement that is being drafted in conjunction with the Virginia Outdoors Foundation (VOF) for the portion of the Carvins Cove property owned by the City between the' ,200 and ',500 foot elevation contours. , . Please provide any comments or questions regarding the draft to my attention by Monday, July' 3th. Thank you. Respectfully submitted, ~ {tfUJlM~ R. Brian Townsend Assistant City Manager for Community Development Attachment c: Stephanie M. Moon,' City Clerk William M. Hackworth, City Attorney Steven C. Buschor, Director of Parks and Recreation Michael D. Clark, Recreation Superintendent . . . . . . . - '-,. . ",' . Cove Recreatio Prog p r Table of Contents Introduction General Operations Recreation Programs Supplemental Support Facilities ,. 3 5 6 1 5 2 ~ Introduction Carvins Cove Natural Reserve exemplifies all of the positive attributes found in the mountains and valleys of southwest Virginia. It is an unspoiled snapshot of the region that brings the natural world to life right before our eyes. A Southern Appalachian mixed-hardwood forest covering ancient mountains creates a perfect watershed for Carvins Cove, a primary water supply for the Roanoke Valley. This mix of fields, forests and water provide a perfect habitat for wildlife of every description. Black bear, whitetail deer, fox and beaver all make the Cove their home. Man's presence and impact has also made a lasting impression on the landscape. Small farming communities once flourished in the hollows of the Cove. Churches, stores, mills and blacksmith shops provided the foundation for early settlers to provide for their families and forge a living in this remote setting. Finally, the waters from the Cove were harnessed and held for drinking and use of residents of the Roanoke Valley. The mission of the plan is to provide a balance of recreation, conservation and education to the citizens of the valley and to visitors from near and far. Furthermore, the goal is to enhance and protect the natural resources and beauty that make Carvins Cove a special place and maintain it in its natural state. Our outdoor education programs, facilities and amenities will teach the people, enhance the natural resources and focus on protecting the Cove. The Department will also re-create, to the best of its ability, the living history and human story of the Cove by keeping their memories alive and respecting and l learning from the hard work it took for these early pioneers to survive. The citizens of the Roanoke Valley deserve to live in a sustainable community that is healthy, filled with natural beauty, and is in balance with growth and development. In order for that concept to exist, the citizens must appreciate the natural world around them and recognize and love what they have that it is not lost forever. The programs, facilities and activities at the Cove will also provide economic benefits for the Valley. Outdoor enthusiasts from across the country have participated in our programs and visited our facilities, bringing with them a love of the outdoors. This plan outlines what recreational opportunities may be offered at Carvins Cove in the future. Also included' are samplings of the type of facilities that may ~red to conDuct these programs as well as the general operations of the 3 Cove and regional partnerships. All programs and facilities will be developed in accordance to standards and practices as identified in the Carvins Cove Natural Reserve Park Management Plan. .-/ ~ ~ 4 General Operations Since 2004 Roanoke Parks and Recreation and the Western Virginia Water Authority have provided joint management of Carvins Cove Natural Reserve. Parks and Recreation currently has responsibility of the land above the 1 ,200-foot contour which is more than 90% of the total land in the park. Current responsibilities of the City include trail maintenance and management through an extensive volunteer network associated with Roanoke Valley Greenways. The Western Virginia Water Authority has management responsibilities for the reservoir and the adjacent land below the 1 ,200-foot contour. The Authority's responsibilities include security patrols and lake regulatio'n. In an effortto streamline recreational offerings at the Cove, it is recommended that Roanoke Parks and Recreation take the lead in administering all activities. With that said, it is proposed that, at some point in the future Parks and Recreation begin coordinating with the Water Authority to address the responsibility for collecting land use fees, providing for general security, and administer boating access on the reservoir. Outside groups, to include special interest organizations and local jurisdictions, would coordinate their efforts with Parks and Recreation in an effort to avoid the duplication or overlap of activities. Carvins Cove serves as a primary supply for drinking water first and a place for recreation second. All recreational activities taking place on 'or near the reservoir will be conducted with water quality as the foremost focus. Specific policies and procedures outlining this arrangement will be developed as responsibilities are transferred from the Western Virginia . Water Authority to Roanoke Parks and Recreation. ~ 5 Recreation Programs Many recreation opportunities exist throughout Carvins Cove Reserve. Land-based programs can compliment water-based activities giving the user a full range of outdoor recreation experiences that can last a day or a lifetime. Many of these opportunities are identified below which provide citizens and visitors alike numerous ideas to enrich their lives and elevate their appreciation for the outdoor world. Having said this, these programs are considered with the understanding that protection of the water, wild lands and watershed are paramount. Protection of our natural resources must be upheld to ensure water quality of the Cove and conservation of sustainable trails and natural features are maintained. Offering a diverse set of programs must be balanced with environmental considerations, risk management and overall health and well being of the Cove and its multiple users. Overall management of recreation programs and activities will be facilitated through Roanoke Parks and Recreation. Numerous partnerships, alliances and cooperative events will be available with regional agencies, organizations and private companies. Organized procedures will be established for other municip~1 agencies to access the Cove for recreational opportunities. 1 . Trails A. Hiking Carvins Cove has over 45 miles of diverse hiking terrain that can take the participant from the base of the Cove at the reservoir, elevation: 1,1 70 feet, to the top of Tinker Mountain, elevation: 2,278 feet for a difference of 1,810 feet. In-between, the topography is as varied as the vegetation, wildlife and people that use the trails. ~ 6 Recreation Division staff currently provide 6-8 programs annually using the existing trails. Hiking programs and activities would be varied in their scope and depth. Wildlife and botanical hikes, geology, natural and human history, tree identification, sensory awareness, weather and riparian habitat are just the beginning.of the endless hiking program possibilities. B. Mountain Biking As with hiking~ the extensive trail system lends itself to multiple mountain biking programs for the beginner to the advanced riders in the Roanoke Valley and beyond.. Mountain biking provides an exciting method of exploring many miles of trails qUickly. It's challenging and an excellent alternative workout routine for thousands of visitors to the Cove each year. A variety of trails exist such as single track and multi- use that will provide diverse experiences for all 'riders. Trail uses and difficulties are outlined in the Carvins Cove Trail Plan, an appendix to this plan. Recreation Division staff currently provide 3-5 programs annually using the existing trails. Mountain biking programs will focus on riding techniques, equipment use, safety, responsible travel that respects others and the environment while creating a fun and informative class. C. Interpretive and Nature Carvins Cove offers a wealth of environmental education opportunities unmatched in the region due to its diverse habitat, elevation changes, mountain ridges above, and water below. It is also rich in history. Homestead sites established by early settlers and early Native American settlement sites are scattered throughout the park. ~ 7 ~ With its abundant floraand fauna, extensive history and the importance of the Cove as a clean water source, many diverse program opportunities exist in the park. Recreation Division staff currently provide 6-8 programs annually using the eXisting trails. The Department hopes to provide numerous hikes featuring history, geology, flora, fauna and riparian habitats. The Departtnent also plans to offer programs on the lake, focusing on reptiles, amphibians and fish while teaching visitors about raptors and their migrations along the highest ridges surrounding the watershed. D. Equestrian Certain trails lend themselves to horseback riding and exploring the remote regions of the park as our ancestors before us traveled the lands and mountains. The experience on horseback gives a unique prospective not found on foot or bike. The Department may offer beginner level horseback riding tours through an approved and contracted livery as an option for visitors into the park. These programs would use existing trails designated to handle the impact of horseback riding. Horseback riding skills, care of horses on and off the trails, safety while riding and minimum impact will allbe part of our lesson plans. E. Therapeutic Recreation As noted before, the true beauty of Carvins Cove is the remote nature of the trails, vistas, historical landmarks and diverse flora and fauna. Of the 12,000+ acres, less than 10% is accessible to individuals in a wheelchair or impeded by physical or mental limitations. Our goal shall be to work towards developing specific areas within the Cove that will ~ 8 2. Boating ~ enhance the recreational benefits for all users without detracting from natural characteristics. The goal of therapeutic programming will be to provide aCCeSS to normally unattainable activities. The partnership with Therapeutic Recreation Services of the Roanoke Valley and Radford University's Recreation Therapy curriculum will be initiated. Programs using specially designed equipment will be used, making most programs and activities available to all. While other activities in this section could be supported by existing trail infrastructure, approximately one-half to three quarters of a mile of 'accessible' trails would need to be developed on the property to support therapeutic recreational programming. A. Sea Kayaking There is nothing more relaxing than gliding across the lake's glassy surface or exploring its secluded coves. Observing wildlife along the wooded edges, watching fish jump, osprey dive for food or a raft of mallards swimming nearby makes it a memorable experience for days or weeks to come. Being taught hbw to kayak gives the participants freedom to explore on their own safely and comfortably providing good exercis'e and an opportunity to socialize with other boaters with similar interests. Parks and Recreation currently offers several sea kayaking courses at the Cove that utilize the existing public boat .Ianding for launching and the water for paddling. Classes and programs will be conducted that will focus on paddling techniques, safety, identification and care of 9 3. Nature .~ equipment while showing the participants the beauty of the. cove as its reflected in its waters. B. Sailing Harnessing the wind for effortless movement across the lake is exciting, refreshing and fun. In a world where gasoline engines rule the waters, sailing brings us back to our boating roots and teaches people how to navigate, read the wind and enjoy the day in a quiet setting. Sailboats. once understood, are simple craft that give a unique perspective to traveling across the water. There are many skills participants must learn to accomplish these tasks and once learned give a great sense of accomplishment. The Department does not provide any sailing programs at the Cove, however, programs are offered at Smith Mountain Lake. When programs begin, we would utilize the existing public boat landing for launching and the water for sailing. Classes and programs on the basics of sailing may be taught detailing technique,equipment use, safety and navigation. Existing water-related infrastructure at the cove can support these activities. A. Water-based Environmental Education Water-based and riparian programs are very important to the overall program content of Carvins Cove. Clean drinking water is the primary goal of the cove and programs that focus on watershed protection, conservation and the health of the cove are essential. Fish, amphibians, waterfowl and other animals are all part of the "web of life" that needs clean water for survival too. Aquatic vegetation provides oxygen, protective habitat and food for these animals to live. Another unique feature of the cove is the remains of the 10 ~ . ~ .Carvins Cove community under the water's surface, with stores, homes and streets that once made up this small town. Locating and sharing the history of these. buildings, their former inhabitants and the development of the reservoir are interesting facts that bring the cove's human history to life. Recreation Division staff currently provide 2-4 programs annually that utilize the existing public boat landing for launching and the water for touring. Programs may be taught sharing these aspects of wildlife, water and human history. B. Birding Many species of birds call Carvins Cove home. Whether they're migratory or year around residents, birds love the diverse habitat found in the park. High mountains provide updrafts for turkey vultures, hawks and eagles to ride the winds and search for foods. / Deep woodlands provide food and shelter for songbirds to nest and make their homes and the water provides abundant resources for waterfowl and raptors to search for food along the waters edge and along its surface. Access to these natural observatio'n areas would be on existing hiking trails to sites that are left in their current natural state. Birding programs will be featured focusing on identification, habitat, life cycles and survival. C. SOL-based After School Programs Consistent environmental education lesson plans in our public schools is critical for students to learn and appreciate the natural world. Carvins Cove provides numerous opportunities for hands-on experiential education activities that get students totally involved in the learning process and presents an excellent opportunity to explore real-life situations beyond the classroom. 11 . ., Earth Science curriculums, biology, and other sciences such as chemistry, physics and geology are easily incorporated into each visit. Programs that already exist, over 120 annually, through the Mill Mountain Discovery Center could be expanded to reach students from area schools. Access to these study areas would be on existing hiking trails to sites that are left in their current natural state. Program development would compliment and reinforce current lesson plans making a win-win situation for all involved. Existing infrastructure at the cove can support these activities. 4; At-RiskYouth-Specific Programming , At-risk youth includes young people who are judged delinquent by the court or commit status offenses, adolescents who abuse substances, those with emotional or behavioral disorders, academic underachievers, adolescents who are economically or socially disadvantaged, and those who are deemed generally incorrigible. Connecting these young people to nature and associating the benefits of outdoor recreation are essential to putting them on a healthy path to. becoming positive contributing members of our community. Structured outings will be conducted in a variety of lengths engaging the participants in an array of outdoor re,creation activities. Access to these study areas would be on existing hiking trails to sites that are left in their current natural state. A focus will be placed on family involvement, development of social skills, and appreciation of their natural surroundings. Parks and Recreation will work with the Department of Human and Social Services and other local youth development agencies in facilitating these courses. Existing infrastructure at the cove can support these activities. ~ 12 ~ ' 5. Camping Whether you are a backpacker searching for a remote campsite far removed from daily conveniences, a family looking for an outdoor experience for a weekend of car camping or a youth retreat leader looking for a group getaway, the forests and waters of Carvins Cove can provide an amazing time for all. Access to campsites would be on existing hiking and or fire trails. Campsites would be established on level semi-open spaces that were appropriate for the level of activity required. See below for details. A. Overnight Utilizing existing natural sites that are level, relatively open and do not posses threatened or endangered flora and fauna would be utilized. The site would also have a soil composition that could handle above average use, would not impact the watershed drainage and not exceed .25 acres. All cooking would be conducted with camp stoves and no open campfires would be allowed. Structured classes should be , conducted focusing on essential camping skills for the beginner and intermediate camper. A focus will be placed on general outdoor ethics, creating as little impact on the land as possible. B. Backpacking Given the Cove's proximity to the Appalachian Trail, backpacking in and around the Cove is a natural fit. Access to remote areas would be along existing hiking trails. Campsites to be utilized would be on level ground, relatively open and do not possess threatened or endangered flora and fauna. The site would also have a soil composition that could handle above average use, would not impact the watershed drainage and not exceed .25 acres. All cooking ~ 13 . "' would be conducted with camp stoves and no open campfires would be allowed. Introductory courses on the basics and fu ndamentals of backpacking may be conducted. Courses will cover what type of equipment is needed,' where to go, planning a menu, and cooking, as well as how to select and prepare a camp site, all with a focus on outdoor ethics. 6. Special Events' Special events in general have proven to be both a community builder and economic development driver. With the rise in popularity of outdoor pursuits, the facilitation of special events makes for an excellent fit at the Cove. A wide variety of special events could be scheduled throughout the year including various trail runs, mountain biking, adventure racing, and boating events, just to name a few. Parks and Recreation will solicit the expertise of professional event promoters to partner in conducting these events. For events taking place on the trails at the Cove, special consideration Will be taken into account for the continued sustainability of the entire trail system. These programs would use existing trails designated to handle the impact of the specific special event. Every effort will be taken to avoid "loving the trails to death". All special events would follow existing City guidelines for public assembly and event facilitation. 7. Wilderness Survival With a recent surge in popularity, wilderness survival courses have proven to be an excellent addition to the current offering of outdoor recreation programs. Given its remote location, Carvins ~ 14 W l' . . Cove is an ideal location for conducting such classes. Access to these program areas would be on existing hiking trails to sites that are left in their current natural state. Structured courses could be offered focusing on the basic skills needed to survive short-term in the wilderness. Participants will be given the supplies needed to construct a temporary shelter, make a fire, and find food and water. Supplemental Support Facilities In addition to facility and site needs identified in specific activity sections of the plan, there are certain facilities that should be considered to support the overall future use of the Carvins Cove Reserve as outlined above. Those facilities are generally outlined below: ~ a. Comfort Station at Bennett Springs Parking Area: This facility would contain restroom facilities, directional signage and other related orientation and visitor information. It is estimated that such a facility and ancillary structures would not exceed 1,000 square fe~t. This additional comfort station would complement the existing comfort station located at the boat landing area of the cove. b. Respite Shelters along trails: Small Shelters (25-30 sq ft. each) located along various trail segments for use by hikers, backpackers and daytime visitors. c. Picnic Facility: Rehabilitation of, and / or an addition to, the existing picnic facility located near the boat landing site and also including additional ancillary tables, grills, trash receptacles, etc. in support of the site. 15 ~ j..... \, .. d. Appropriate directional, informational, and interpretive signage located along the trails and at various sites to aid in the public's use of the cove's trail system. 16 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-]]45 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk August 20,2009 Mr. and Mrs. Kinzer Otterman 601 Allison Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. and Mrs. Otterman: Your petition appealing a decision of the Architectural Review Board for a Certificate of Appropriateness pertaining to property located at 601 Allison Avenue, S.W., was before the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 2009. Based upon evidence presented at the Council meeting, the Council voted to reverse the decision of the Architectural Review Board and to grant the request for a Certificate of Appropriateness for replacement of a standing seam metal porch roof with 30-year architectural shingles, removal of hidden guttering, and installation of five-inch seamless guttering at 601 Allison Avenue, S. W. Sincerely, ~m'hJw.J Stephanie M. Moon, CMC City Clerk pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Erica Taylor, Agent, Architectural Review Board .. .1 . , t's VIRGINIA; IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF ) ) ) ) PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.2-530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. NameofPetitioner(s): 1(f(l1Z.E/J; ,lffldL!tfln/'11l1 !)ffC/GlnaJV 2. Doing business as (if applicable): 3. 4. Overlay zoning (H-1, Historic Downtown Overlay District, or H-2, Historic Neighborhood Overlay District) of property(ies) which is the subject ofthis . appeal: r~/5 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: dtt/r-Cij ~ fllJCf 6. Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.2-330 if H-1 or Section 36.2-331 if H-2): 7. Description of the request for which the-Certificate of Appropriateness was sought from the Architectural Review Board: Wt) /0 old t:J '/v< ", / kru'lNcJ. 8. .9. ' Name, title, address and telephone number of pe'rson(s) Wh~, ill , represent the Peti~ioner(s) before City Council: (jJ,Rt>/'f/ll bl .. e./dYntl.4'l/ _O~iJ,) ~o/ AJh5l>,J /1iJe-_/kJ. [SlfD) S ~(,()b a- ) WI JJu.s&nd . . '. WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) (If not Petitioner): ~w~~ Name: 'J:jiv:Zt:re.- {}7fi::fiY/4.M/' (print or type) Name: (print or type) TO BE COMPLETED BY CITY CLERK: Received by: ~ttf:l ~ Signature of Petitioner(s) or representative( s), where applicable: Cka;Y";(1 - tW;;-?n4~ . Name:L!4A?D)r'V' {!, CJ ++eJ&n~rI (print or type) Name: (print or type) Date: H 1'1 ;)DiJ '7 CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov Architectural Review Board Board of Zoning Appeals Planning Commission August 7, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Rupert Cutler, Council Member Honorable AnitaJ. Price, Cou~cil Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member , Dear Mayor Bowers and Members of City Council: Subject: Appeal of decision of Architectural Review Board to deny issuance of Certificate of Appropriateness No. 09-050 for 601 Allison Avenue S.W. Background: On June 16, 2009, Mr. and Mrs. Otterman applied for a Certificate of Appropriateness (COA) to remove the standing seam metal porch roof and replace the roofing material with architectural s~ingles at 601 Allison Avenue, SW (Attachment A). \. The Architectural Review Board (ARB) considered the request at its July 9, 2009, meeting. Following discussion between the applicant and ARB members, the applicant asked that the ARB vote on the application as submitted. The ARB, by a vote of 1-6 (Bestpitch, Cundiff, Fulton, Botkin, Beckett, and Blanton voting no and Dykstra voting yes), denied the application for a COA for the removal of the standing seam metal porch roof and the installation of the architectural shingle roof. The proposed material was considered inappropriate and inconsistent with the Architectural Design Guidelines, and the replacement would eliminate a character-defining feature of the house (Attachment B). Mr. and Mrs. Otterman were notified of the denial and their right to appeal to City Council by letter dated July 13, 2009. Mrs. Otterman filed an appeal of the ARB's decision on July 17, 2009 (Attachment C). Mr. and Mrs. Otterman had one previous Architectural Review Board appeal. The appeal was for the denial of the covering of soffits and dormer with vinyl siding and covering of window trim with aluminum coil stock by the Architectural Review Board on November 12, 1998. City Council reversed the decision of the Architectural Review Board at their January 19, 1999, meeting (Attachment D). Considerations: The H-2 Architectural Design Guidelines (Guidelines) adopted by the ARB and endorsed by City Council provide the following recommendations for preservation, repair, and replacement of roofs: . Identify and keep the original materials and features of roofs, including: overall shape and form, chimneys, patterning and colors, dormers, builtOin gutters, cupolas, finials, ridge caps, cresting and snow guards, and valleys. . Retain historic roofing materials, such as slate, clay tile, wood shingles, or metal that are still in good overall condition. If owners choose to remove and replace their historic roofing material they must first present sufficient evidence and information to the ARB .regarding the condition of the roof and feasibility of repair. . When the use of traditional roofing materials is not feasible, suitable alternative materials may be used. · When replacing roofing materials, be sure to reinstall or replace associated roof detailing, such as ridge caps and snow guards. · When it is not feasible to replace standing seam and pressedometal roofs with the same materials, first explore the use of prefabricated metal roof systems. . The majority of the ARB found that the proposed roofing material is inconsistent with the Guidelines and incompatible with the character of the house and the H-2 District. During the meeting, the ARB discussed the distinctions between roofing materials for the main body of a house and the materials used for a roof over a porch. Porch roofs have a very shallow pitch and therefore do not shed water as quickly. Metal is commonly used on a shallow pitched roof because it is far more resistant to leaking and ice-dam effects. Regardless of the roofing material over the main form of the house (shingle, slate, metal, etc.), the porch roof is most often metal. In making decisions on replacement of a character-defining feature of a house, the ARB must first determine that replacement is warranted. Erica Taylor, ARB Agent, inspected the Ottermans' roof closely from a second- story window. Despite being recoated approximately eight years ago, the roof now has holes, seam cracks, and possible hidden rust below the coating. The roof has significant leaks in multiple locations evidenced by extensive water damage to the porch ceiling and structural members. Ms. Taylor determined that the roof is beyond feasible repair and replacement is warranted. Mrs. Otterman indicated that two roofers confirmed this diagnosis. No member of the ARB questioned whether or not replacement of the roof was warranted. If the ARB determines that repair is not feasible and replacement is warranted, it must then determine if the proposed replacement material is appropriate. The Guidelines (cited above) specifically recommend that an applicant "explore the use of prefabricated metal roof systems" when replacing a metal roof. Mrs. Otterman did not indicate in her application or in her presentation to the Board that she had investigated the feasibility of such a roof material but later provided copies of various contractor bids for both types of roof replacements (Attachment E). Approving the COA as requested would have been in direct conflict with the adopted Guidelines. Recommendation: The Architectural Review Board recommends that City Council affirm its decision to deny the issuance of a Certificate of Appropriateness to permit the removal of the standing seam metal porch roof and installation of architectural shingles. Sincerely, /Jeu-h~;!! ~ Barbara Botkin Architectural Review Board cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney R. Brian Townsend, Assistant City Manager Erica Taylor, Agent, Architectural Review Board ( ~. . ., '\ Site Address Property Owner: Name: I klivze-..e- ..., Cl1l2oJ'fAJ {)ffeJej'halll Address: Ih?l/.d 1/;..:i6d me- ' City: 11?()~tJoJr~ ' State: I Va- . Phone Number: I SYO - 3 <13 - &;, lJ b:J.-, E-Mail: Owner's Representative (if applicable): co2 9016 Zip Code: I 02c;CJ Itb Name: Address: Zip Code: I State: I E-Mail: City: Phone Number: Application Prepared By: I CA~ ~"';(()f-J~,JJ' Current Use: [iY'Single-Family r Two-Family (Duplex) r Multifamily r' Townhouse r Commercial If Commercial. Describe Use: I , Project Type: 1;7' Roof r Porch r Windows and Doors r New Construction r Signs r Walls and Fences r Parking and Paving r' Demolition r Other: I *PLEASE USE ATTACHED SHEET FOR PROJECT DESCRIPTION. ' Acknowledgement of Responsibility: I understand that all applications requiring review by the ARB must be complete and must be submitted before application deadlines; otherwise consideration will be deferred to the following meeting. I agree to comply with the conditions of this certificate and all other applicable city regulations and to pursue this project in strict conformance with the plans approved by the ARB. I understand that no chan es are permitted without prior approval by the City. Signature of Property Owner: Date: /6 - /~O? Section Below to be Completed by Staff Approval By: f'iARB r: Agent Other approvals~e~ded: Certificate Number: I Tax Parcel Number: 11/.31 M Base Zoning District: I tZt\A. --\ / '-+-'2 , r Zoning Permit ~ B(~go~mit r BZAlPlanning Commission r Other Agent, Architectural Re~ew Board: : ~~ Member, Architectural Review Board: Date: '-~{ r=t/ r:PI , , Date: I Form updated 01/08 PaQe 2 of3 , ' /" /" \ ( H-2, Historic Neighborhood Overlay District Detailed Project Description -=1''''';''. ......-- ~ ,,1;:;~::;~f':1'~ ~ L1i'!E2i:,';":',.. ROANOKE Site Address: I ~c / A J/I~rJ /}v e", .slt/ / Property Owner: I j(/rv Zcrh 0/- C4 ~/yAJ ([)1--IeJ:2mClIV l) . '. ,fi5~ , _ 1 ,,^ J "e..fY)DVe- e.y/f,Jtj ~~11r-~ J.(!Jf)?5e.. .ofT' S&:!1U4 1t1~fef1. R~wl-IIJ ':'~ MeA,+efV-I--k.aJ c36'(~. 0/N'iks ~tZre on fYlcL"J r=fc.p ,fbUSe._~ ()?':/e.t4nfess frH~I-lo ma:::M 1"-=1 t!?f 1f~6e. . . f(eLU;wrV ~ cMis ('''/kttJ Me- t!a-,1r}~-;- Clrfi'A.cl +0 {'~~ 0;vn dY>~-f=l \'~~ qttft~s~ J ,y;; I W~ a:i'~ ld l) L{( JIJ s 'P::'o4J 17~#1 / We.- helve- "v~ IN ~i5 ~f:)~it ~ /1&8'/ r't:JeJr/s lor rt.s.CJ/d aud ~ f'O /b7t'Jer & f'e-p4V)d Project Description: Additional information to be submitted: r Photographs r Site Plan r Elevation Drawings r Sample, Photograph, or Catalog Pictures of Proposed Material, r Other: I Form updated 01/08 Page 3 of 3 ~ " " ; ~ ";: *' < \: :';i~1't'l'.~"';" " '.,4.. ~. ">,: , ..~-.'.' "~' '~ . ,. e ;"";:'",,,,,:.,+~,,,, ~';~; j ,- UIIKJ e JOt > " ~,Q.. Ii .'~. 'O.i'~~~'jl"" .,~ ::~', 'cti2,:~~~~..: ~.~. ,,ft"ti '4' l 4J (i '~'1' i>} 0';' , .".1' Jl,i "e..... ''"~ ~ 0...' 'R:" ~ . ''& ,';1't-' ...,;, cr." ~. '-(!. .' "_I " ". .5'",' ,~.C.,<~Jo"U'e;" 0"" , ,', ,:"4: ~.'" " ~ ;.." ~? ,~ "" .. 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':,'I;.,,:~.~f):"'''. \\I\ilt\~jJ.....t'J~', > 'I ',\1'_ ( ( \ , , "" i\ ~.:!JI,~L" "if~~. ( ( ...-.. Taylor Construction & DeveloDment~ Inc. . 4149 Toddsbury Drive Vinton, Virginia 24179 Letter of Record Date July 8, 2009 Customer Carolyn Otterman .Job Location 601 Allison Ave. SW. Roanoke, Virginia 24016 d" ......e -/ V D, At this time, professional opinion dictates the replacement of the front porch roof at the above stated address. Due to consistent maintenance and care provided over the years has the roof lasted to date. The last repair however has brought this roof to the end of its life expectancy. If I can be of further assistance, please feel free to qall on me. Kevin Crouch OwnerfPresident Cc: Erica Taylor Roanoke dty City Planner II i CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD July 9, 2009 MINUTES Request from Kinzer and Carolyn atterman for the replacement of a standino seam metal porch roof with 30 year architectural shinoles. removal of hidden outterino. and installation of 5" seamless outterino at 601 Allison Avenue. S.W. Verbatim: .,.+:;~P.jHt*'t Mrs. atterman: Madam Chairman and members otl~m:e;lB,~~Xd, I am Carolyn atterman and my husband and I live at 601 Alli~Rn:1:ahd ha!\l~II!Jyed there for 41 years. We have repaired this metal roof 39 y~a,:C~\;' We have;'K~~t good maintenance on it and the guttering but six,jiM~~rs ago we weret~!mll!?Y a roofer who was tryin.g to patch the roof, .that thl1;1itffipfhad die?,i,at the age '0tllH;P!~ years. We were hoping that we would die before'jit~'~1 roof b lll!llhasn't worke(j!10ut that way. At that time, we called Anne Beckett, !~~o,.w ,'l'ith the administration here, . ~w.f:lh~-..~; to come up look and look at it an,j:,~he recomme!'t;f,~d we call Mark Clark, the historical preservation specialisf, '~~jlg~ve men'l , f.?,Qone number and I called him. H~ came out and looked at t'lilHhro!~ftl~Wd ~,ai? n:~llffi~l~ldrepair the whole r~of to last five years or I~nger. Well, I ffi,MM,e ana "~il!~i~e Y'%W;i~ay ha~e a co~y of I~, ~f the work. that he did ss than a Y(m~r t roof;~~mll'eaklng again. DU~lng this time when It started husba,~ t d open neart surgery and I didn't get right back with M Imost . ear later and when I called him, he said he no longe work. M l;1usband with his heart, five discs operations and is "eti e eurism and his health is very poor and we c ffor ny , the metal seam roof with the prices we ha pal' r. Clark a total of $1850 to do this repair work and we have t $50",:., $2 ough the years off on, every two or three years tryi, eep this rOl5. m ~g. We have kept it where it has not damaged our st . al work as s we can tell, as far as other roofers can tell. Each roofer sti d come, s sked them if the roof could be repaired and their answer was that it een its life and they said even getting up and walking on it to measu w oing damage to it. All we can afford with the prices we have gotten was. ith the architectural shingles that they had,put on their house two years a on the main roof to match it and go with the guttering around it. Across the street at 602, their porch roof is exactly like ours, in fact the same contractor built those two houses and they had before it became an architect, historical district, they had their tin roof taken off and the pitch has worked alright. They had the shingle roof put on the guttering and there had been no problems with it through the years, We have talked with the roofers concerning the pitch, They say that would be alright on our roof for the shingles. I also have a letter from contractor stating we had maintained the roof. It says, "at this time professional opinion dictates the replacement of the front porch roof " Ms. Beckett: But the ceiling is just now beginning to leak. Mrs. Otterman: Yes just beginning. That is our concern because that is coating right on the ceiling and we don't want something to happen to it to have to replace it. It has just started this spring. Ms. Beckett: What exactly is happening with the roof? Mrs. Otterman: It is leaking from the roof and the hidden gutters. It is leaking all over it according to what the roofers are telling us and is le,~,~ing down. " ~,~HP Ms, Beckett: The hidden gutter is what's leaking? \;;'i!;lIlllll:'~; , _ ,Of'_ n) ?~4M~i-t~Pl Ms. Taylor: There is some hidden gutter dCiIrl'a e but the majo~it~Jlif, the stuff is . ,,,'-pi":C:!!) ~-"~W"!i;< underneath the porch. I don't know if th~r;~lis away todetermine wf;i'~r.e it's >fl~}'<i_, _~h t+",.r,'~' coming from. It's in far enough from the pit9~ of the,'" den gutters th;iiJ'1 don't think it relates to that. ';{W!> .. ,;tdHtttu.. Ms. Beckett: In the photos, the p;~rcQI!~9p'f looks "'I.M: ':;mH:, 'H"";tlEtllHllHh;;, 'i(J,:, Mrs. Ottern:an: That's beGa~se we:';~mve K~mtli!~~~;heai .,:;!i'd wo~k done on i~. You can drive down ~~e'blll and 10~~;a~lil~I;9ndl's~~,j~~"ere nothing wrong with that roof but Erica ~~~ijj "n,;lh~nd 10'q~~;~ii6ut the wi'hdows from upstairs and has seen the pro,~!~,!T1S that ar,~Hlhere. '!Im!!!: ' i:ll1\;lij,; ,limn; ,,"'ilil;l ' Ms. Taylor: Fro~'i!~i'i'(:~et le'i~iWtllbOlks,finei1rat once you get close up. , ''''''''*:f ;H!!lmj!lt~m;H!"\'i' as there but 'water is getting in from somewhere. Mrs. Otterman: All of it is leaking. Ms. In fact, if we sat out on the porch Mr. Cundiff: The roof was character-defining. I remember as a kid my grandfather and I used to go out to Fincastle on a 150-year old house and every year, like clockwork, we would go out and paint these people's roof. I am sure it would start to leak come about nine months but every year we would have'to go out and do it. Mr. Otterman: 39 years of doing this. 3 outside the meeting. That is justwhere I am with it. I think its great and you all u_d e to-the fact, you come down that hill on Allison and you feel like you are practically on top of that roof. Changing that metal into something else is just going to totally... Mrs. Otterman: Mr. Bestpitch let's just get to the chase. 'If we can't fix it with the way we can afford to do it then we are going to lose a lot more than just a metal roof. We are going to stay there but it is going to be deteriorating and things are going to be rotting out. I don't want this to happen. I love my metal roof but I want a house that I can be proud of, I want a house that is kept. If we keep this house and do this roof this way, when we are ready to se. we are dead and our children sell, care enough about it, they could corn ck in and put a metal roof on it if we have kept our wood good and our Pg~~,,~J~l:Tlns good, they can come back in and put a metal roof if they want t9ar)cfthe Fr~te is right back. If we let the porch columns rot because of this ~)~t~r it's going' , a lot more expensive for someone to come in there. hllhli' Mr. Bestpitch: If ybu go that route you arl';H"i"ctly ri;~\~~lj;, Alii am sayiffitgi is that I hope, forget about the people that come alon'gld;:lterl;lllet's hope the people that 'ft~~lni(i}Hlt','r!' are here and now, you and we, care enough alj)"! liit. Mrs. Otterman: Our fin.ances, W.elFh. tj~l\1t~1' ~u kn~~Il~he economy now,you know when you have sickness like 'I~l~,flve gOfT1Y n~~band, my health could break any day, I hopeJtit~~.~~r1't but l\l~r;Tl,~'i a,~I~.,;"We have got to look down the road, we know .~~~~!~~;~j;~~ a set'~i~'<B'i 't of morl~ythat we can put on this and be able to li\(~I[~f:1H buy ou~ edicirli' nd so forth. That's it, can we do it or }tI..:ip~:,::o ir do we let it go. '1;" Ms. Taylor: ow if there is much of a difference in the newer - uch the same thing. Ms. Botkin: You have a valid point and we have heard this point many times with the same issue. Mrs.Otterman: You don't have that many people in Old Southwest that are as old as we are and that have been there as long as we have. I can name them on both of my hands. ' Ms, Botkin: We are not considering the fact that you have been there. We appreciate the fact that you have been in the neighborhood for so long but we 5 would live to see that I couldn't do what I could afford to do to my house to keep it up so my children and my grandchildrenwould have instilled in them the same that was instilled in me from my parents to take pride in your property. In fact, my grandmother and great-grandmother's homes in Newbern, Virginia are in the Natio[lal historical register but those homes are going down now because people cannot afford to do, somewhere people have got to start realizing that people have got to live and with the economy like it is, people have got to be able to live. People have to maintain a dignity to their life. There will be no dignity if I have to let my house go down and I will regreteveryday I live there. Ms. Beckett: Ms. Taylor is there was a possibility of re~!~:e~~~ing another restoration contractor to take a look at the porch roof. ',,",,' Ms. Taylor: Several had looked at the roof. Ms. Beckett: Do we know what their opinions! ' -~---\HF~ Ms. Taylor: One told me they did not kno,^,,!~hat th~Mtl~~uld do with the condition of the Ms. Botkin: It appears that the issue n0~li metal roof, it is the replacement off, ' Ms. Beckett: I don't are places that a It is 61T1~;I!~f th,ffi~,,;/Il,img~HY;{,her,I.ooks can be deceiving. It is kind of 641 Eri'''t /;\l:\:'e it' IS:]'ITstil~ashts life. That is the only thing I know . -.' (:q~fi.> . is any repair with the acromax? ~ ""~. Mr. Hayne~~;lf;;1 don't knoiltor sure. I am not an expert on acromax. We do a system calleq.l\m~drost2;~.!\~.ti\at is the same type of system and you would have to fabric the enti'rl31! jof ";Wif you did that it would get a little pricey. Ms. Beckett: That would still be less than replacing it, perhaps the grant would cover that. Mr. Haynes: Perhaps. If you wanted to see if Mr. Otterman wanted to table it and I would be glad to go out and take a look. I can talk to Mark and find out what he put on there and see if it was a compatible product if she is willing to table it for. another month. 7 neighborhood but there are alternatives to slate roofs that are available today that weren't available at the time that the original slate was put on so we are willing to consider those other options. If someone were to come in and say I have got this house that got a slate roof on the main part and metal roof on the porch and want it to all look alike so I am going to replace all the slate on the house and also want to put slate on the porch. I don't know about the rest of you but I ~ould say you just don't see that, it just doesn't fit. Ms. Dykstra: I don't disagree at all and I totally get precedence and consistency which is what the people who get angry with us, don't get it that we have guidelines and see up here and make this stuff up. It is ve!~,.uncomfortable. Where I am lacking on the consistency is we let 641 tak,,, <l>tfitheir metal and we don't have their track record, on their main roof and ~ ." e are saying she can't do that. Ms. Botkin: He just explained it. d: .\. ,Ms. Dykstra: He did and he didn't. The~l~Fre all met~L originally ;llf@gst of them, nobody had architectural shingles 3Qht9 40 ye~t~!}ago. If we m'a~e porch 1"fi:~;h.f"'Q::j!'; roofs go back to standing seam for all the rea:~gI1~l!~~U' said, then the consistency '~f',~fII'i{'" ~t, ~\}-; says in my mind so therefore shol:Jl~ the mainrqffit~t. . 1!I)iiiC,., ',' '.,. ,';nnllhljc Ms, Botkin: We are not going baCli..;.~;~rt~ht~J.~g to"R~~~. the ones that are. We didn't do that to the porch on Elm, ~hle kept{'C!~"metaI8~jiporch., Mr. Bestpitch: I (~"hr1i;t know VjiiFW.. the orig1iuw! roof material was on that house but I am guessing it was;!lpot arG,fflj1g~tu " ""I~s. I will say this regarding 641 Elm, '\~~yPH'.-, ,,:'''~,?;.t~t-yF'----'-'-'--';'''': H:;;* if similarrp,~t~if,i~Jwas!'~*~!!:aDle to had that patterned metal look to it then I wouls1}I~~~(W~li8!~~~,to'stt'k with that. If you were a billionaire you could get sOn;Jfm~;~e' to do .it f&~rf~~~ b , ait~ nO,t re~sonably available.today so you have t~ go wltmn~omethlng els" The qw~~tlon IS what are the options out there. I felt like they p'r&~'~!1ted a reaso'l"J)le option, brought the sample and was within the "?:~r"'t". n~F'-j realm ofw~~tis going to!lIook appropriate once it's finished. The whole point to all of what vJ'" , 0 is th~' ij made a contract with people who invest in the historic district and sa r1J.".~:~!rig to do the right thing on my house and I don't want to have to look out "il(~8n,e point when I get to this stage of needing to sell my property, I don't want to have potential buyers say I really like what you've done to maintain your house but when I stand on my front porch or look out, I look across the street at something that has been messed up and not appropriate so you devalued my property by allowing something to happen in the vicinity to me. That is what we are really all about and that's what we do. Ms. Dykstra: I totally get that and maybe I should vote out of frustration. Ms. Botkin: We are frustrated and aggravated. 9 '. Ms. Botkin: We are very sorry. End of verbatim. 11 ~ 't 2, 4, 5, 6, 7. 8, ' Ht:ljt:J V t:u JUL Z 9 2009 VIRGINIA; CITY OF ROANOKE , AW,l!NG BU!LOlNG AN!" nf.VELOP~w IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF ) ) ) ) PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36,2-530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of Petitioner(s): I(I(llZE/JJ Jffld{}/ln /'111I !)ff~ajV Doing business as (if applicable): 3, Street address 9f prope Y which is ,th~ subject of this appeal: ' /'1 ~. StU Overlay zoning (H-1, Historic Downtown Overlay District, or H-2, Historic Neighborhood Overlay District) of property(ies) which is the subject of this appeal: 1f'.--5 Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: dLtJ'f1'; ~ n lJ '1' , Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.2-330 if H-1 or Section 36,2-331 if H-2): Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: WtJ tnl .. It? old 0 l.VIYh,.. uff-elY7 ~( 9. Name, title, address and telephone number of person(s) Whd2l1 . represent the Peti~ioner(s) before City Council: (jJJ2t/r/'/ U I' C!JdrntUV. *,Ot,VP\tC-J)/) ~nf ,l)Jh.SIJA) AVe. Skl rS71D") ..:3 -~() b ~ ) tv ;+1> , ./ '- / ~J WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) (If not Petitioner): %~djt~ Name: '/::iv:zC/L.- {}71i::firnM/ , (print or type) Name: (print or type) Signature of Petitioner(s) or representative( s), where applicable: Wr/C!. (fJQ;44n4;-n/. Name:L?.AIfu)rN' {!, 0 +.te;enJ4-.r! (print or type) Name: (print or type) -------------~-~----------------------~--------------------------------------------------------------------- TO BE COMPLETED BY CITY CLERK: Received by: ~~~ ~ Date: H 1'1d.d1] Architectural Review Board Minutes Page 3 November 12, 1998 There being no further discussion from the Board or the audience, Mr. Harwood moved to approve the amended application to remove the existing railings and install black wrought iron railings. The motion was seconded by Mr. Deck and unanimously approved. 6. Reauest from Allright Roanoke Parking, me,. for a Certificate of Appropriateness ap.provine meter installation on lot at 209 Williamson Road. S,E. Mr. Tim Milliron appeared before the Board and stated that the proposed installation was identical to the one on the lot at 308 Market Street, next to Sams, as well as other locations throughout the downtown area. He provided additional photographs to the Board of the type of signage he desired to install. He said that the meter box would be next to theArzu restaurant, approximately four feet off the sidewalk, and he noted that the "pay part" would be facing the inside of the lot. ' The Board and Me, Milliron discussed two different locations of the meter box, as well as the type of signage (whether the blue uP" sign or the red/white Allright Parking sign) that could be installed. Mr. Milliron asked the Board if it Was their preference that the sign be parallel with the wall than with the sidewalk. Mr. Deck stated that it was his preference. He also said that he would like for the applicant to consider coming up with better signage in the historic district. He challenged Allright to work ' with a designer to come up with something that was a little more sensitive for any future submittals, " Mr. Milliron said he would not be opposed to doing that. Mr. Manetta said that the Board had approved identical signs in the past. He then asked for comments from the audience. Using a sketch provided by Mr. Milliron, the Board and Mr. Milliron further discussed the placement of the sign and decided to place the sign parallel with the wall ofthe Arzu restaurant, facing the parking lot. There being no further discussion, Mr. Johns moved to approve the signage with the stipulation that it be placed on the front of the parking lot parallel to the building, The motion was seconded by Mr. Deck, Mr. Manetta stated that his personal preference was for the simple blue signs because he felt the boxes were busy, however, he noted he would go with what the Board desired. The motion was approved 5-0., 7, Reauest from Kinzer and Carolyn Otterman for a Certificate of Appropriateness, ~pproving covering of soffits and donners with vinvl sidiml and covering of window trim in aluminum coil stock at 601 Allison Avenue. ~.W. ' Mrs. Carolyn Ottennan appeared before the Board. Mrs. Olterman said she had lived in Old Southwest for 43 years, and at 601 AHison for 30 years. Mrs. Ottennan said she had ahard time \ Architectural Review Board Minutes Page 5 November 12, 1998 could not use coil stock for soffits. He also stated there were so many houses in the neighborhood that have it, he could not understand why they were being required to do something else. ' Mr. Manetta explained that there were people who had installed the soffit material before the Board existed and there were probably others who had done it without tbe approval of the Board. He said that since he had been on the Board, the. Board had never approved what the Ottermans were requesting, He said the Board wanted to be consistent so that the neighborhood remained a desirable one to live and invest in, He said the Board understood that what was being required was more expensive. Me, Otterman said he did not understand how a Board could tell him what kind of materials he could put on the overhangs of his house when there was no material that was approved by a manufacturer. Mr, Deck questioned whether'a soffit that was 12 to 16 inches deep was any different from a soffit underneath a porch. At this point. Mr. Otterman discussed how the soffit on his house, versus a porch soffit. was installed. Mr. Ottennan then stated that the only thing he'was asking for was to cover the upper portion of his house, He said that he was not going to do anything with the porch at all. He said that the soffits and trim had to be painted very 3-4 years and he could not afford to have the upper portion of the house painted again. Mr. Bandy said that one of the concerns by the Board was that the soffits were visible from the ground. He said he was assuming Mr, Otterman was asking to do the fascia board and the soffits. He asked if the gutters were being replaced. Mr. Ottennan said he was not. Resaid that he was also only asking for only upper level window trim to be covered and all window trim on the high side of house to be covered. Mr. Bandy said that the fascia board was the piece that got the weather and the soffit should hold paint fairJy well. He asked Mr. Ottennan ifhe would consider covering the fascia and not the soffit. Mr. Ottennan said he would not because he would have to repaint in 3-4 years and he was having difficulty finding a painting contractor. ' Mr, Manetta asked for audience comment. Mr. Randy Leftwich (515 Mountain Avenue, S.W.) appeared before the Board and asked Mr. Manetta if the City was goingto reimburse the Ottermans if something experimental was installed and did not work. i Architectural Review Board Minutes Page 7 November 12,1998 Mr. Bandy asked what Mr. Ottennan was referring to when he talked about covering the donner J ... on the house. He asked the extent of what was being covered. Mr. Otterman said that the trim and soffit would be covered. Mr. Manetta asked for further comments. Mrs. Lander said that she thought the workshop would provide some insight into the dilemma. She said she hoped the Board would considering waiting until after the workshop before rendering a decision, Mr. Manetta advised that it was up to the applicant to request a continuance. He noted however. that if the Board acted on the application and denied it. the applicant would not be able to have the same request heard for one year, He asked Mrs, Ottennan if she would like to address the Board, Mrs.01tennan said she was not willing to wait. She said that she would find other alternatives and was' asking the Board to approve their request. Mr. Manetta asked the pleasure of the Board. Mr. Harwood said that citing the statement in the guidelines (When applying vinyl siding under eaves and overhangs. do not install it with seams perpendicular to the building. Use siding that runs parallel to the building.), he would move to deny the proposal. The motion was seconded by Mr. Johns, Mr. Manetta said that the Board had been advised by counsel to make their motions in the affinnative. He asked Mr. Harwood if he would offer a substitute motion in favor of the request and reminded those that a yes vote would be for approval and a no vote would be for denial. Mr. Harwood then amended his motion to approve the request as submitted. Mr. JaMS seconded the motion. Mr. Deck said that it was not clear to him whether the applicant would like the Board to act on a portion of the request or not. Mrs. Olterman said that it'was "all or nothing." The request was denied by a vote of 5-0. / 578, ~() 1<1) \9~<1 OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dlbling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. HEARING OF CITIZENS UPON PUBLIC MATTERS: CELEBRA liONS-LOCAL COLORS: James Bullion, representing the National Conference for Community and Justice, advised that the Roanoke Regional Chapter has adopted Local Colors as its multi- cultural activity. He presented a calendar listing the major cultural- ethnic holidays in America and advised that plans are to immediately develop and present educational programs to local schools, to the religious community and to organizations and businesses within the Greater Roanoke Valley. He invited the Members of Council to the , Local Colors gala event on April 18 in the City Market area, and advised that the Roanoke Chapter has employed Ms. Pearl Fu to serve as consultant and advisor in coordinating the Local Colors activities. Ms. Fu expressed appreciation for a renewed interest in Local Colors and invited the Members of Council to attend activities on April 18 at 12:00 noon on the City Market. Without objection by Council, the Mayor advised that the remarks of Mr. Bullion and Ms. Fu would be received and filed. PETITIONS AND COMMUNICATIONS: ARCHITECTURAL REVIEW BOARD: Mrs. Kinzer Otterman, 601 Allison Avenue, S. W., appeared before Council and presented a petition appealing a decision of the Architectural Review Board relating to property located at 601 Allison Avenue, S. W. ' Mrs. Otterman advised that on November 12, 1998, she requested a Certificate of Appropriateness from the Architectural Review Board to allow an overhang, eves and dormers on her home at 601 Allison '........ ........ ..........-... ...... _ ......_.._.I......lJ.:...M..,j:~. _II." 1 ~i I .... 579 Avenue, S. W., and the Architectural Review Board denied the request on the basis that vinyl soffit runs perpendicular to the wood and the Board suggested installation of parallel vinyl soffit or other material which is not guaranteed. She referred to a letter from Evelyn S. Lander, Chief of Planning and Community Development, stating that the Architectural Review Board abides by its adopted guidelines and has not approved the installation of vinyl soffit material on a structure in the Old Southwest Historic District since adoption of design guidelines on August 10, 1995; however, Mrs. Otterrnan referred to other houses in the area where vinyl, soffit has been installed since 1995, all of which have displayed, City building permits. She advised that the City has been remiss by not disseminating information to property owners on the proposed and adopted guidelines of the Architectural Review Board, and for the City, to force property owners in Old Southwest to spend money on specified maintenance will cause property owners to allow their homes to faU into a state of disrepair or to move out of the neighborhood. Mrs. Otterman requested Council's assistance in resolving the matter by allowing her to maintain her home in a manner that is affordable and is in keeping with that which has been done by other property owner:s in the Old Southwest area. She asked that instead of City officials encouraging neighbors to report' neighbors, working guidelines should be developed by the City that promote continuity which will help to develop a quality of life that will create a real neighborhood while, at the same time, promoting the historic district. (See petition on file in the City Clerk's Office.) Upon consideration of the evidence (testimony and documents presented to Council)" Mr. Trout moved that Council reverse the decision of the City of Roanoke Architectural Review Board on November 12, 1998, and authorize issuance of a Certificate of Appropriateness for alterations to the structure located at 601 Allison Avenue, S. W., on the grounds, that the proposed alteration of the structure is compatible with the H-2 District and would enhance those special visual and spatial qualities that the H-2 District was established to protect. The motion was seconded by Mr. Hudson. ' Robert B. Manetta, Chair, Architectural Review Board, presented a report of the Board. On behalf of the Board, he recommended that Council ~ffinn the decision of the Architectural Review Board which is 580~ consistent with the adopted architectural design guidelines for the H-2 District; and affirmation of the Board's decision will maintain consistence in preserving the contributing architectural features in the District and sustain the Board's decisions with regard to the treatment of those architectural features. (For full text, see report on file in the City Clerk's Office.) Christopher Muse, President, Old Southwest, Inc., advised that the Board of Directors of Old Southwest, Inc., supports the decision of the Architectural Review Board; however, he stated that there is confusion as to whether there are existing manufacturers who will guarantee the installation of parallel vinyl soffit within existing Architectural Review Board guidelines. He stated that if there are manufacturers who guarantee the installation of parallel vinyl soffit, Old Southwest believes that the Architectural Review Board's decision is valid and should not be reversed by Council. Mr. William Bestpltch, 3~1 Washington Avenue, S. W., advised that his concern relates not to the Otterman property, but with regard to the process. He stated that the argument of Mr. and Mrs. Otterman that other property owners have been allowed to make the same improvements is not In conformance with the guidelines or the provisions of the historic ordinance. He advised that there,...should be more discussion and education on the matter and if the guidelines of the Architectural Review Board need to be changed, the matter should be addressed through the proper process rather than by allowing property owners to come to Council on a case by case basis to request a reversal of the decision of the Architectural Review Board. He encouraged Cc;mncil to uphold the de~ision of the Architectural Review Board until such time as the guidelines or the historic district ordinance is changed according to an established procedure. Mr. Manetta presented a history of the Architectural Review Board, and advised that detailed guidelines were established for the historic district by Council following input from citizens, Old Southwest, Inc., and Downtown Roanoke~ Inc., so that persona residing or owning property in the historic district would know what could and could not be done with their properties. He pointed out that the "... -- - I ~. ,....~'..... . ...~;':'~:L.....j.,... .... ~ I....... -- ~' 581 Architectural Review Board has been consistent in administering the guidelines, providing clarification as to what can and cannot be done in the historic district, and if the majority of Council believes that the guidelines should be changed, the Board would like'to receive direction from, Council. ' The Mayor raised a question as to whether some localities require appeals from the decision of the Architectural Review Board to go directly to the Circuit Court rather than to the governing body; whereupon, the City Attorney was requested to research the inquiry. The Mayor advised that historic and architectural preservation has been a key factor In the rejuvenation of Old Southwest, one of Roanoke's oldest neighborhoods, and there is value in adhering to the guidelines established for the historic district. He stated that the motion, if approved, could set a precedent "for future requests, therefore, he could not support the motion. The motion offered by Mr. Trout, seconded by Mr. Hudson, was adopted by the following vote: , AYES: Council Members Hudson, Swain, Trout, and White---4. NAYS: Mayor Bowers----------------------------------------__1. (Vice-Mayor Harris and Council Member Wyatt were absent.) ARCHITECTURAL REVIEW BOARD: Mr. Aubrey Hicks, 648 Day Avenue, S. W., appeared before Council and presented a petition appealing a decision of the Architectural Review Board in connection with denial of his request to install lattice material as a porch balustrade on property located at 648 Day Avenue, S. W. He stated that if he is required to tear down the improvements that have already been made to the porch balustrade, he will abide by Council's decision, however, such action will send a clear message to other homeowners who might be considering the purchase of property in Old Southwest, but will not be inclined to do so because of guidelines established by the Architectural Review Board for the historic district Upon consideration of the evidence (testimony and documents) presented to Council, Mr. Hudson moved that Council reverse the decision of the City of Roanoke Architectural Review Board on "'-. TallorMadt CONSTRUCTION & DEVELOPMENT, INC. 2467 Horseshoe Bend Road- Moneta, Va 24121 Kevin Crouch 540-580-1104 Hank Cline 540-580-6823 rlorMade ~struction & Development~ Inc. 'n..9 Toddsbury Drive Vinton, Virginia 24179 Proposal Date May 27, 2009 Customer Carolyn Otterman Job Location 601' Allison Ave. SW. Roanoke, Virginia 24016 Option 1 - Job Description Removal of tin roofto sheeting. Installation of OSB plywood, roofing felt and 30 year architectural shingles, (customer to choose color). Replace metal in hidden gutter or cover hidden gutter and install 5-inch white aluminum gutter and down spouts. Total Due $ 4,600.00 Or Option 2- Job Description Removal of tin roof to decking. Installation of standing seam metal roof. Replace metal in hidden gutter. Total pue $ 6,000.00 Note: All material and labor provided by contractor, All related material and trash to be removed by contractor. Additional labor and material not included in above pricing for correction of damaged material found upon tear off. This will be discussed with homeowner prior to installation, Pricing in,effect for 30 days. Thank you for the opportunity to propose your job. Should you have further questions feel free to call me at 540) 580 -1104 ( , b & R Construction 540-397-7129 This Agreement made and entered into between m.. ('t!/TY'A~ 8 0(/ 12 ~ ~ ~rd ~~ : ~,,) Witnesses Contractor agrees to furnish all labor and materials necessary to perform the work hereinafter set forth on the premises I olf )!wner located at: , , 4 () / AILLx:d ;..) .4tX? In the County / City of: ~AAid k The work to be done as FolIo , State of Virginia. Fo.~ ~({J ,N'")rJ, "d(~".% tJ~uc(71t:t:i<'<Jur/ ** All checks made payable to R02er Spradlin In consideration of the labor and materials furl}i~bed and to be furnished by Contractor, owner agrees to Contractor the sum of $ .:t ~r 6 . do As following amount of down payment $ Cash Check No Bank Name: Balance to be paidon completion of work $ All labor is backed with a five-year warranty date from completion date. Customer Date: Contractor ,J Date. Y"'-L-O - a!L Color Singles' Color Siding Other: Start Date: As long as weather permits , Completion Date Estimate: - (' , [) & R, Construction 540-397-7129 T~is Agreement made and entered into between dr --t ' Jl7s ~/nAd Q IJ:tP CotJ ('(/~ o~ Witnesses Contractor agrees to furnish all labor and materials necessary to perform the work hereinafter set forth on, the premises .~ o)Vner loca~at: (,6 J Ap'/o; ~o -v ~ - In the County I City of: eA I\J t1'kp- , State of Virginia. TbJ;;;01i:7fi;;:~:i,~6Jt 1:4~~J d~ -rr . --r r! a ;-j- HApl "fLU"", (/ A /( (J.t:l ~ n --I- rf'7~ 0;; ~ ~ ';jL-p / ** All checks made payable to ROi:er Spradlin In consideration of the labor and materials furnished and to be furnished by Contractor, owner agrees to Contractor the sum of $ ~ J $(J . t'J() As following amoilnt of down payment $ Cash Check No Bank Name: Balance to be paid on completion of work $ AU labor is backed with a five-year warranty date from completion date. Customer Date: Contractor Date. -.5 ... .lLJ ~ () <J Color Singles Color Siding Other: Start Date: As long as weather permits Completion Date Estimate: . ~ / MI er Roofing, Inc 2745 Shenandoah Ave NW Roanoke, Va 24017 ( 540-342- 7348 540-344-6947 Fax 540-537-1698 Cell www.millerroofingco.com GAF.Elk 1.0. # ME00556 Lie. #VA i i ~., INC. ACTOR E. VIRGINIA 24017 \344-6947 ' '~ 0 M I<,~' Ze. O~ ~lAwvV ~Of A-Ul~~~ ~, cf"W. 12~ ~ U'c. 20 ;J-- t v-...[I TOTAL I:Y'~ V'-- ~([.V (tOO co .61 MOUNTAIN ROOFING INe. 501 Shenandoah Ave.NW, Roanoke, VA. 24122 540-342-9901 Fax 540-342-7409 PRO P 0' S A L May11, 2009 Kinser and Carol Otterman 601 Allison Ave Roanoke, Va Ref: MRI proposes to provide labor and materials to do the following: 1. Remove and dispose of existing metal 2. Install 2*4s to pad roof to outside edge of porch 3. Install plywood over roof area 4. Apply Ice&Water shield over roof 5. Install new standing seam metal roof 6. Install new metal in hidden gutters Total job: $15,619.00 The above quote valid for 30 days from above date. Accepted ,20 Proposal Acceptance ( \. ..1 MOUNTAIN ROOFING INC. 501 Shenandoah AV,e. NW, Roanoke, VA 24122 540-342-9901 Fax 540-342-7409 PROPOSAL May11, 2009 Kinser and Carol Otterman 601 Allison Ave Roanoke, Va Ref: MRI proposes to provide labor and materials to do the following: 1. Remove and dispose of existing metal 2. Install2*4s to pad roof to outside edge of porch 3. Install plywood over roof area 4. Apply Ice&Water shield over roof 5.' Install new standing seam metal roof 6. Install new 5" Aluminum gutters Total job: $13,341.00 The above quote valid for 30 days from above date. Accepted ,20 Proposal Acceptance 501 Shenandoah Ave. NW, Roanoke. VA 24122 540-342-9901 Fax 540-342-7409 .81 MOUIITAIN 800RNG INC. PROPOSAL May11, 2009 Kinser and Carol Otterman 601 Allison Ave Roanoke, Va Ref: MRI proposes to provide labor and materials to do the following: 1. Remove and dispose of existing metal 2. Install 2*4s to pad roof to outside edge of porch 3. Install plywood over roof area 4. Apply Ice&Water shield over roof 5, Install new 30yr architectural shingles by Owens Corning Chateau Green 6. Install new 5"Aluminum gutters Total job: $10,705.00 The above quote valid for 30 days from abo~e date. Accepted ,20 Proposal Acceptance ( M81 MOUIITAIII ROOFIIIG 11Ie. 501 Shenandoah Ave, NW, Roanoke;VA 24122 540.,342-9901 Fax 540-342-7409 PROPOSAL May 11, 2009 Kinser and Carol Otterman 601 Allison Ave Roanoke, Va Ref: MRI proposes to provide labor and materials to do the following: 1. Remove and dispose of existing metal 2. Install plywood over roof area 3. Apply Ice&Water shield over roof 4. Install new 30yr architectural shingles by Owens Corning Chateau Green 5. Install new metal in hidden gutters Total job: $9,491.00 The above quote valid for 30 days from above date. Accepted ,20 Proposal Acceptance PROFESSIONAL ROOFiNG BY MELVIN t MORGAN ROOFING & SHEET METAL CO.,.'INC. STREET 601 Allison Avenue SW JOB NAME Wrap around porch JOB LOCATION Same CITY, STATE, AND ZIP CODE Roanoke, VA 24016 START DATE ESTIMATED COMPLETION DATE JOB PHONE Same METAL We propose to furnish labor and materials to remove existing roof to deck and transport to landfill. We will install 301b. felt paper and red rosin paper. We will install new tern metal hidden gutters and new tern metal standing seam roof. We will keep roof and ground clean on a daily basis. All work will be done in a professional manner. Color: Tern Metal QUALITY WORK IS NOT CHEAP & CHEAP WORK IS NOT QUALITY If any rotten or deteriorated wood needs replaced, it will cost $45,00 a 4 x 8 sheet for plywood or $3.00 a linear ft, for sheathing boards, The above plywood is for 1/2 inch and the sheathing boards are to be1" x 6" or 1" x 8", If this is a residence that currently has sheathing boards for a roof deck, then there may be some dust and roofing material coming through the cracks and boards into your attic that we cannot be responsible for, All work to be completed in a first class workmanship manner. GUARANTEE: Job to be guaranteed by Contractor against leaks caused by defects in materials or workmanship for two years from completion, BUYER'S RIGHT TO CANCEL: If this agreement was solicitated at a residence, and you do not want the goods or services, you, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. The buyer is not allowed to cancel the contract if: Melvin T. Morgan Roofing & Sheet Metal Co. in good faith makes a substantial beginning of performance before buyer gives notice of cancellation, or if the goods provided to buyer cannot be returned to Melvin T. Morgan Roofing & Sheet Metal Cb~ In substantially as good condition as when received by the buyer. We,f)ropose hereby to furnish material and labor -- complete in accordance with above specifications, for the sum of: Thirteen thousand, four hundred ninety-seven & 00/100 dollars ($ 13,497.00 ). Payment to be made as follows: ESTIMATOR WILL COLLECT PAYMENT UPON COMPLETION OF WORK., All material is guaranteed to be as speCified, All work to be completed in a workmanlike manner acco'rding to standard practices, Any alteration 'or deviation from above specifications involving extra costs will be executed only upon written orders. and will become an extra ,charge over and above the estimate, All agreements contingent upon' strikes, accidents or rlp.IAv~ hAvnnrl nllr r.nntrnl ()wnl)r to f'==:iIrr\J fira tnrnnrln !:Ionn nthor nOl"',QC,'C,'or\l inC,'llr<::Jnt"'O The Owner hereby acknowledges that he/she has been provided with and read the Department of Professional and Occupational Regulations state- ment of protection, PROFESSIONAL ROOF,ING BY "MELVIN tMORGAN ROOFING & SHEET METAL CO., INC. STREET 601 Allison Avenue SW JOB NAME Wrap around porch JOB LOCATION Same CITY, STATE, AND ZIP CODE Roanoke, VA 24016 START DATE ESTIMATED COMPLETION DATE JOB PHONE Same SHINGLE We propose to furnish labor and materials to remove existing roofs to deck and transport to landfill. We will install 1/2" ass wood over entire deck and over existing hidden gutters. We will replace all felt with 30 lb. felt and install 30 year architectural fiberglass shingles. Price includes new aluminum drip edge at bottoms. We Will weave shingles into valleys. All shingles will be hand nailed. We will also clean your yatdandrun a nail magnet to pick up nails. All work will be done in a professional manner. Please choose shingle color before signing and mailing white copy: QUALITY WORK IS NOT CHEAP & CHEAP WORK IS NOT QUALITY Ifany rotten or deteriorated wood needs replaced, it will cost $45.00 a 4 x 8 sheet for plywood or $3,00 a linear ft, for sheathing boards. The above plywood is for 1/2 inch and the sheathing boards are to be 1" x 6" or 1" x 8". If this is a residence that currently has sheathing boards for a roof deck, then there may be some dust and roofing material coming through the cracks and boards into your attic that we cannot be responsible for, All work to be completed in a first class workmanship manner. GUARANTEE: Job to be guaranteed by Contractor against leaks caused by defects in materials or workmanship for two years from completion, BUYER'S RIGHT TO CANCEL: If this agreement was solicitated at a residence, and you do not want the goods or services, you, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. The buyer is not allowed to cancel the contract if: Melvin T. Morgan Roofing & Sheet Metal Co. in good faith makes a substantial beginning of performance before buyer gives notice of cancellation, or if the goods provided to buyer cannot be returned to Melvin T. Morgan Roofing & Sheet Metal Co. in substantially as good condition as when received by the buyer. me;~ro.\P,ose herElbytofurnish mate~ial arid lal:lor -- cO,mpletf'l in,i:lccordancewithabqve specifications, for the sum of: FOUfthousand, eight hundred ninety-three & 00/100 dollars ($ 4,893 00 ). Payment to be made as follows: ESTIMATOR WILL COLLECT PAYMENT UPON COMPLETION OF WORK. All material is guaranteed to be as specified, All work to be completed in a workmanlike manner according to standard practices, Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate, All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance, The Owner hereby acknowledges that he/she has been provided with and read the Department of Professional and Occupational Regulations state- ment of protection: PROFESSIONAL ROOFiNG BY MELVIN T. MORGAN ROOFING & SHEET METAL CO., INC. STREET START DATE ESTIMATED COMPLETION DATE Gutter We propose to furnish labor andmateria'rsto install new 5" seamless aluminum giltterson lower front porch. LL 11:3.0-0 T/ ~o<6' t:rD Add faV {fc.rffdS ~~o+t& '- QUALITY WORK IS NOT CHEAP & CHEAP WORK IS NOT QUALITY If any rotten or deteriorated wood needs replaced, it will cost $45,00 a 4 x 8 sheet for plywood or $3,00 a linear ft. for sheathing boards, The above plywood is for 1/2 inch and the sheathing boards are to be 1" x 6" or 1" x 8", If this is a residence that currently has sheathing boards for a roof deck, then there may be some dust and roofing material coming through the cracks and boards into your attic that we cannot be responsible for, All work to be completed in a first class workmanship manner. GUARANTEE: Job to be guaranteed by Contractor against leaks caused by defects in materials or workmanship for two years from completion, BUYER'S RIGHT TO CANCEL: If this agreement was solicitated at a residence, and you do not want the goods or seNices, you, the buyer, may cancel this transaction at anytime prior to midnight of the third business day after the date of this transaction. The buyer is not allowed to cancel the contract if: Melvin T. Morgan Roofing & Sheet Metal Co. in good faith makes a substantial beginning of performance before buyer gives notice of cancellation, or if the goods provided to buyer cannot be returned to Melvin T. Morgan Roofing & Sheet Metal Co. insubstantially as good condition as when received by the buyer. We ilrop05e hereby to furnish material and labor -- complete in accordance with abCi~e specifi~ations,for the sum of: Six hundred fifty-eight and 00/100 dollars ($ 658 00 ), Payment to be made as follows: ESTIMATOR WILL COLLECT PAYMENT UPON COMPLETION OF WORK. All material is guaranteed to be as specified, All work to be completed in a workmanlike manner according to standard practices, Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate, All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance, The Owner hereby acknowledges that he/she has been provided with and read the Department of Professional and Occupational Regulations state- ment of protection, ROOf k(A.~ /{-.. lOUrHll1I RlnORlrlOR ~ 6734 Shingle Ridge Road Roanoke. VA 24018 540-330-3046 mclarksouthwest@aol.com 11-12-03 Mr. and Mrs. Kinzer Otterman 601 Allison Ave., SW Roanoke, VA Job# 1932 Job Phone: 540-343-6062 Job Location: 601 Allison INVOICE #1932-01 This invoice is in request of payment ($1,850.00) for work completed during the billing period beginning on 11..,03-03 and ending on 11-12-0J. I. Original Agreement: A Standing Seam Metal Roof: 1. Clean and prepare surface in areas of repairs, 2. Make repairs to holes, open seams, and other suspect leak areas, Use Acrymax Coating System. B. Porch Column: 1. Replace base and underlying floor area at left/front column. c: Labor and Materials for items A & B. ".....,.......,..... ,.$1,500.00 II. Additional: A Clean entire roof of loose paint, etc. B. Coat entire roof with Acrymax HP 1 00 Coating. Additional Materials: ."."."".".":"".""",...,...,,,.,.,..,.. $23 5.00 Additional Labor: .............,...,..."...........,.,..,...,......... $115,00 Total Amount of this invoice: .,. ... ... '" ... .., ." ... ,., ... .~,850~ j3J;J If' / ~ !J. tJ tJ.3 a -If' f/bF . Thank You, , ~! tt--. Invoice #1932-01 S/c.;,Wl~5 q;;/-A,",J oea.V '6'f ;Mis cUclIeJ:, Lea1:-; ~-\d",:i I f'',;a.i!, WJ.J-f-- ~aJd. "'\~ j. Monday, August 17,2009 Roanoke City Council C/O Mr. David Bower, Mayor 215 Church Ave SW # 452 Roanoke, VA 24012 Regard: ICAA Request D~ Mayor and City Council Members: The Region 1 consolidation plans for Northwest Roanoke supported by both Parks and Recreation and the Youth Athletic Council (Y AC), has led ICAA to raise several concerns regarding the organizational structure of the Y AC and track record of other c s in Northwest Roanoke since January 2009. In addition, ICAA has reservations ased on the intended goal of the merger and why ICAA is perceived as a major component to the equation. During the Youth Athletic Council Meeting on 08/11/09, it was brought to ICAA attention that financial resources and gain may serve as the motivating factor for implementing Region 1 merger as evidenced by suggestions that ICA~ must have a ~ertain status in order to h~ve a voice ~J1:~qUal~~ fields.. " ~Z~t1~~~~~~~~~~}tfyg~~T~~it,-b~~~ig~~S~'stre~~h~S C~ VO'l.e · '~fl88tiY;e aP1H~i1Ch \VIti",!. l11ay l;idiauCC t88 CQ11A.dl'g tmacut~iJiQ.g of lhe reasornJ",- ~ ICAA has been consistent and displayed such resilience in our fight to maintain our independence. . Inner City Athletic Association (ICAA) has been serving the inner city community of Roanoke Virginia for over 30 years, and is among the oldest and largest youth athletic programs in the city. ICAA founders developed the organization with the sole purpose of offering Roanoke City youth, mostly African American from at-risk neighborhoods, low income and single parent households the opportunity to explore and display their athletic abilities through an organized sports program. Most importantly, ICAA founders recognized a need to provide a safe environment and means for a positive outlet during a time of racial boundaries and limitations being placed upon inner city youth. Since i s....existence, ICAA has provided services to approximately 2500 youth ages five to thi en over a 10 year period and approximat~ly 250 kids per. year. High school coaches . the area have consistently remarked on the playing maturity of ICAA alumni. ICAA is fortunate to have former players return to community to serve as coaches once they have completed their successful journey of NFL play or graduating from college. Approximately, 80% of our coaches have been with the organization for 10 years and 5% for 15 years or more. These numbers confirm that ICAA is not only an organization, but a "family" and fundamental building block within the northwest community. During the 2008-2009, football/cheerleading season, ICAA provided services to more than 250 youth. ICAA does not to stack teams, but provides services to each boy and girl that requested ICAA as their home team. ICAA acknowledged that in order to adequately service these youth, we must provide a maximum capacity for each team. Presently, ICAA has approximately 150 participants which form three leagues in both the football and cheerleading program. ICAA's athletic program provides a~a' lesson to youth about character and positive behaviors to exhibit on an off the field " e pride ourselves on establishing rapport and trust while teaching the skills essenti to relationship building by ensuring that all coaches and players move together as the players get older. ICAA's commitment to effectively improving the quality of life for Roanoke City youth is reflected in our strategy for meeting the needs of youth and selecting appropriate services. Beginning Fall 2009, ICAA will be providing education guidance and services through our newly established "Education Department. The educational department is a comprehensive initiative in which ICAA will collaborate with the local community, schools, parents and volunteers to assist our youth with crossing the threshold of academic success and challenges of adolescence and young adulthood. An upcoming project will be the "Inner City Education Academy" to assist youth with developing positive self awareness, peer relationships and social skills. In addition, we will be continuing our school base mentoring and establishing a site within the community to facilitate our programs and services. Since ftj, ICAA has been successful and thrived with minimal financial resources form the Roanoke City Parks and Recreation Department. Throughout the years, ICAA coaches, parents and volunteers have made several attempts to request funds from Roanoke City to provide porter potties, light fixtures, lined football field and concession stands in order to better serve the youth and possibly generate revenue into the organization. Unfortunately, 20 or more years later, these are the same identified needs of the organization. The lights at the Lincoln Terrace field were donated by an individual who recognized our need and the impact the lack of city resources had on the youth. Despite, ICAA financial challenges, ICAA continued to proceed forward with seeking partnerships, volunteers and funding resources to sustain its athletic program. The organization ensures that all kids receive uniforms and equipment and additional needs in order to cooperate in city sports. ICAA's booster club is responsible for organizing fundraiser events and activities to contribute additional funds to address any unmet needs regarding uniforms, equipment, supplies and appropriate programmatic efforts. Presently, ICAA has available equipment and uniforms totaling over $7,000.00; therefore prepared to provide a uniform and equipment to each registered child this 2009-2010 season with additional equipment left over in case of emergency or damages. ICAA prides itself on being a youth driven organization and strongly believes that a current plan for Region 1 consolidation is not derived from the same approach. The current plans and lack of organization structure within the Youth Athletic Council and , ' Region 1 does not embrace our initiative to bridge our athletic, education and mentoring services to better serve the youth from a holistic perspective. Roanoke City Parks and Recreation has requested that ICAA move forward and only eliminate our athletic component. This request poses a major concern as the athletic program is building block of the organization as made apparent by the name "Inner City Athletic Association". As a 501 c3 organization our bylaws and articles of incorporation are submitted to the Virginia State Commission. Most importantly, our organization submits annual taxation3~~q ~ports to the Internal Revenue Service (IRS). Therefore, our reason for" ~fb"~ among other things is the potential for engaging in "poor business practice-;-;-1~ which three independent 501c3 organizations will be merging. It appears that the merger will violate our bylaws as an independent organization and implications for effective business practices should be considered. ICAA is requesting to remain as stand alone Organizatio~J~~~rations as we have successfully done in the past 40 years. Mr. Pete Lampman, Director of Virginia Amateur Sports and Coventry Commonwealth Games posed a significant question during the 08/11/09 meeting "What does ICAA expect from the Roanoke City and Y AC if granted stand alone or provisional status?" The response to that question is simple, just an opportunity for our youth to play amongst Roanoke City youth, to receive permits for Lincoln Terrace practice field and fulfill their responsibilities as identified in Parks and Recreation "2009 By-Iaws"~~' In closing, we ask you, and our children and their parents ask you: recognize that we have been successfully meeting not only the athletic needs of our children, but also the unique cultural needs of our children with a holistic approach that stress and rewards achievement into successful citizenship. We refuse to believe that only by the elimination of our organization's successful athletic component can our organization continue its 40 year plus legacy of service to inner city athletics. Sincerely, 81W~ Kiann Trent, ICAA President Inner City Athletic Association (ICAA) ......, . ,. +- ----- ---- -- -lY. ---.---- - --- ------- _J_ _h [Jq~J1clC&. , ~~ ) ; I P ~i. n ~' . . - blS . _~~-LllL ffi--=l~C-- - - - Q-}l so1, 8. ;~~-Q)U-bro-\)de 3O_~~-CG~L\CCt~ J QS -'7 . - ,-/D g-{) _ _ _ I A q "\ ',- -=-_~-cn-C (YlQ._~) - ~____ I +- - -- -to.QfaLtl~21p-Dg.cjJ;)l'CO-__------ - . : ,1.-LCtl_A_t;L~_LtaJlJU (b2_uUJ1)b_w_~. i @.-a~ThZ-, ' . , _~~~OJ -.' --\"if.----\-- _ . -~: . ..~ A-'--'-- --~ - - - - :J I - - f . ~__________~S' __ _ _________ .- I : J' iC': : .\ , , I : " :.. , :- -.CA~t'cvJ-a~-gO:t2:tQ-~\U)-ul10:= __L-.__ ". _ _llICQY1Q. . .' I -' t/-'c]s-- .~=Ef ~' , "". . , ~,'_ - _iLl _ _ .Cfj/ . . i . . -) (Y i . IS d _ClJm&nJ~ID_q_lJp_(UlJ(lcyd~ . .--l:eLudic03'1L-Ets' . i . J~liJ'c.L\, ~_&o.DU_~---'-lo-hcLp_l{d(L(ll!L([J. ; 1UJN:u-(-U~ . c1 _ ___ ._ _ __ __ ...____. u_ __ _ _, __ _._ _ __ __ .____ ___ . _ .____ ___ _________._. .___ _ ____ _ -._ _ ____ __, _n". ._.- __. __ ____ _____ __. ._______'._ =) ^n "__ ~_6JrrJnQ_ .b, rn .i. I) 101'C(" t - _UYlill, <-y' ~c:- - CDu,\.w.1e Un ,- ----- ~~_~~_~ ~-~ _ %-Cour&,~-1ulJkL~ _--~ !- ~. I "al"\~ ~\r ' j . .-'WllilOJL' J.QcC!::nQ..I_~'V_'-'_L~_~D______ [U ~~h __cLCO~~loD ----- ---i-- . .. ,<.. - . .. --_._-------------~- ---~. - djY)~LcCch~t6L7Q-~-~-OAd-- ___-C ~t:)_;:_--A---- .', -------e--- - !J-[dULt/JIE1eIlDfl1adtCL ' .----.--1--- _ _ ~{)L)c& .-,~ctL~1f:I!Clr {}t/l1/lCIL~ _df1t&L fhtl3.t2_ ___~ , . . ,A (J I c ~ /~ ~LMt- - -- ,-- - - -- _M5-5i_ --- - -.-----~ 7l~ -----~ !;i . ')/ . -~. -. . ag_~ - - _~~LlLCt. -. -. .-ClYl'/., : ":itfUl~I-~~' -- - - - a<l _ __ _ _ __' -~C1tl~~I/L' ! . I1LLa~ 11cJ2-1./i1 tll ~ ~ /J ~7~' 17 A/l i Iv . - -. ':Jj-I--'--tqJ{.TLtmLj~/-~T;,U2~-T.-- LL-aM-~d!!r.~~-~~-~-- ~!O::: .-.;::8-5~~_8_C~-?()KLdLU;Ig::~ ~ --~-i-- ~ " ..: - - ' . -- '__~L:O_~tJ . . -+-- ~ alone recreation club. On May 11, 2009, the Youth Athletic Council decided f:l.i ~ not to accept their proposal. After this decision was made, the new athletic ~.' )~~ clubs within this region began meeting to organize. ~V~ ~ \. ~P. The Region I Recrea~ion Club has ~ormed with Northwest, Wilmont and Pilg~im '~~ Y'fr Baptist representatives and contmues to meet to prepare for the upcommg 1\." t\ football, cheerleading and soccer season. Before the finalization of this "'f merger, these three recreation clubs merged for this past baseball season. This consolidated effort allowed this region to form two girl's softball teams. This " region's girls have not had the opportunity to play softball in the past becaus / ~ the individual clubs never had enough players to field a team. Since May 11 '~/ ..0..0... 2009, this region has spent approximately $45,000.00 to obtain football and, cheerleading equipment to accommodate all the youth in the Region I area. With that purchase, they have enough equipment on hand to outfit 16 footbJtt' teams for the 2009 season. Roanoke Catholic has also merged with Region I beginning this upcoming soccer season. Any youth residing in the Region I ~ area or attending Roanoke Catholic School wishing to play football, soccer or ~,c cheer will have a place to play within the Region I Recreation Club. The practice .\i fields that have been in use by the separate recreation clubs will be utilized by e the consolidated Region I Recreation Club. This will allow the youth of this rr region to continue to practice within close proximity to their residence. \~ However, the Region I Recreation Club has four vans that will be used to n J9 transport playe.rs if the need arises. ~~~LElY\QI'(l_cD.lk?QO a,\ 'lAC.- a i?:- I coiidbsion, the You'ih Athletic Council through efforts of VOluntee. rs a,nd , oaches has coordinated and facilitated youth recreation team activities in the City. for the past~six years, the Y AC has been in a process to further fmprove those activities through a' consolidation process that has been successfully accomplished in three of the four regions. The YAC is in the process of undertaking the final consolida,tion effort and has prepared for, and made :,..1 (-:-investment in, a consolidated fall sports season of football, cheerleading and .J) i soccer with the support of most of the recreation clubs in that region. The /) ~ff:J)~~ club presidents are working together to develop standard drafting procedures, ~fl~. ~bylaws for the Youth A~hletic Council and standards of behavior for coaches, ~ 6l\'1 players and spectators to guarantee the best possible playing environment for our city's youth. The City's role in this matter should be limited to the activities that the Parks and Recreation staff have previously provided, and should not involve the details of recreation club governance, team development, player drafting, and related organizational efforts that have been undertaken and accomplished successfully by the volunteer members and organizations comprising the Youth Athletic Council. Given the above, staff does not believe that the City Council should intervene in this matter, and any further discussion of the Inner City Athletic Association's concerns should be addressed to and by the Youth Athletic Council. ,J H '1 Q '\J~ \7J\,J '4\:\'G~'Jo.- ^ A t, ij :.lL w~ L 'tt'- l ~nJ)jU2. O\Nl..rU\. Page 2 of 3 INNER CITY ATHLETIC ASSOCIA TON PETITION I was informed of the plans implemented by Roanoke City Parks and Recreation regarding the Region 1 consolidation. I understand that Inner City withdraw from, the Region 1 plans and the Youth Athletic Council to remain as an independent organization. By signing this petition I agree that I AM SUPPORT OF INNER CITY ATHLETIC ASSOCIATION REMAINING AS AN INDEPENDENT "STAND ALONE" ORGANIZATION WITHIN ROANOKE CITYP ARKS AND RECREATION. i , 111 l, \~ \ I I , " 'l~lLfj . Q \ . J .Ut~) Il-y~~ , , lJofr ~!/r~ .~.)}~ -cA()tZW~ ",..,....4L.,.~,,,"'''~., OS/23/08 16:24 ~ SENT BY;W(~DS,ROCrlJ~5,&HAZLEGRO: B-~G-~5; 11:52 ti:OilnOIlC~ I4J 002 ...J"jjU0""TI.I,.......,\,..I.... '" >L-I....... __ 'i ~b1Mj Ltt/l-- 9pu yS-~ BYLAWS OF H-1NBR CI'I'Y /\'I'HLB'\:'TC 1'.ssocrA'1'I01Sr r INC" JU1YI CLE I - NPJVjE )um I,o CAT I ON The name of this corporat:ion. shall be Innt':r City ALhletic JLssociation, Tnc. The priIl~ipa]- office of C]1e: corporation aha],l be in t:he ci ty of l"/.oanuke, '1.i:cg-iniH., ARTICLE II - PTIRPOSES The PUrpOlH':::f of this carpor-at-ion shall be; (l] To provide at.b.letic progralTls tor chi:! drer) and uplifLing' education and advancement for its rn6\nbers and 'the chi'f dren of the Roanoke, Virginia area. (2) To give and direct 3) 1 kinds of tlocial tlnd athlet.ic functionD. (3) To fiolicit and r-eceive gift9, donat:ion8 I bequeDtEl and devi SE:S uf money and property of eveJ:Y kind and nacttre. (4) To do any and all thing2 incidental 'cO the above- me:nt:iOIled pl,n--pOGeD or anyone of chern. (5) To exerciae all otner pOIlJerg couterrF<a upon Nonst.ock corpor.acions by Chapter lO of Tic,le 13 _ 1 of 't.he: Code of Vlrgini<J, ws amendt~c1. t>1>>28892~ .~ .... OS/2J/9(j 16: 25 'B' . so 'IT ITr': flOOD:S, ROGl:J\J, &tIAZlfGli'o: S-26-;;1,S )'1 :OL r..Udlltlny ~ '. ,AJl'l'ICLE n I - BOARD OF' DIRECTOIv::: The j.ni \:.1.8.1 BO<:Jrd of DirecGol1:J sbaD. Llf!1.\Ie as 8Bt fO:Li:11 herein .and in the Art.:i.cleB of lIicorpo):-8t:lOD. L 'feX'nl. Tbe term of each Director shcl.1l. be t,l1:ref: year8. Di1.-eotors ma.y Se,l'VA up to t:.wo CDn/iH~cutive J -year t:.e:CCIlJ;. After serving two conseCl..ltive 3 -YF;!?1r t,erm9, a LJirecl:or shall be eligible for reappointment, tt) the BO-Bxd of oireacorEi aftfdT a l-yeC'.r an8tent:.ion. Vacancies, j.ncluding vtlcanciBB caused by an increase in the rlUlrIb-er of direct.o:r.c.l on the Boord of Dire.r::t:.ors, shall be filled by the remaining Directors. Or Directo1:', if onJ.y rJue Direct:.or J:emahw. Any Director rnay bo removed, ar: a maRting of the Borrrd of DiJ.-ectors called [or that pUrpoBe, with or \.Jithout "<3l.JEle, by Bn :affj.rm-3t:i've vote of more tl1?,D si,ct:y perccnl~ (GO:;;) 0,1: Ute Elxlar.:fn9 InRmberJi', of the Bo~,('l of DjrectOX13_ ;;1. p(,~:r:-.9 and Dl,l~,!-e:6_ f:L""(ccpt aG othenrine p?=,ovldfld by .ctpplica.ble lal'l, ell€': BORrel of DJ.:r.:ect:.ora of this cOr.pOri'1I'::Lon .Ed',,,,IJ. have veaLea III it. and sl1all excrc:i.JiI~ all of the cOXpcn,:-[ll:e powc:rH 'Of uu_:'.~ corporal:ion_ Xt g,ha11 ,be' thg duty of l:.bc Bo<;>,:>:'d of J)i),-~cLorG t:o caxry on and CondL1ce the busincc:w of the corporation, lTIClf);;!ge itA PJ.:"opcrty, r;::J_~at its otficerg, 2.ppui.ne Auch cOlTlm:i.ttees as j,t III;=ly d130Tn Lo b~ necessary. ,to E;1-ecl~ its 9llCC,,"Ol"'.1L"8, ;lxtd perform 0.11 oLhe:c nets and thinge. n~ces~ary_ ,J.J1.d proper to carryon 1-/"',0 obj C:els f'lnd PUx-pOSeG of chi,~ COt-porat ion. 3. L'/unu-..>e.r . The initj_<,<l nurnbr::r of directo,l:'BLOr r_he COX-POTClt.iotl in J:8. Th~ DV,moer of director.3 ma.y be. inCr8<7,8ed or 1i~::JIHJ921 2 .,f./ fill on.,') . (. . U~/2J/gtl 16:~U 'd' ,Sl.::NT By: IYOOD5, ROGERS, &HAZlEGfW; S-2G-3::i l'1;iJ~ . ,\.y '\lIlln r" @004 ~, de:creaRe::d from \:ime to time hy tbe Bo;:u:CI of DJ.n:::cto:C8 provided that t:he number shall be: at leal;Jt one. -4 . I1Q~ t.i 11fIfl.. (a) Ar-lPu91 f.I'~Sltil1sr.. TIle Bo~rd of DireG~OrB shall bold an annuioiJ. meeting dur:Lng the m-onl:h of .July of eaah ye;)r at the 00111 of the Chainn.:l11 of the Board of Dirac-tors at whioh meeLing" the -,o:Efice:xe. oJ: ..UU8 \':co:cpoT?it:icnJ. ':911OJ.11 'b-e' el.ected .,{nd , , , an:,i' othiSlr ~1,u8ine8B of the corporation \::rarlL:mcted _ The anDua.l ru~et:.ing of 1':.he Boa:t-d of Directort'l will be held immed:j,d.tely afLer the a nnl..ta 1 meetj,ng of members. .. '.'.~" ' J '. . _ .' (b) QJd2]:'~ M~s>;U,nqlL. .. The' noard of Director9 shall hold ):'e-guJ.ar qu::J.rtfUrly Tfl88tingB t~egi.[)nhlg in Uo'Vcmber, 1995 and t.nerC<:2-Fter in each guarter;"annual period <1.8 tile Doal.-d may deei~JTiace by resolutj.on for T:he: purpo!:'1t; of transacting such buoi.nG:[](J as lnO<Y reg1l1arly come: beiore .such meecing8. (cJ. ~pecialJ1~e_tiI!snL. SpeGial meetings uf t.he8oard rflay be held upon ca110f the Chairman of the Board of Direcr.o:cs at. Buch t:irne and pJ.ace <ilOl hOl may dtlt>ignat1::. Special meeti.ngs may ti160 b~ held upon call of three members of th5Board of Directors. (d) tIot'i.oe. Notice of the: annual and g1.1Llrcerl y meet:ill,gE o]-wll hE' !OfJ,ven to each Director hy rcwj 1 j,ng the Barne to him at. hj.13 pOB t oti:icf:: address ~~, aho",:? _ by.>r:ecords . of t.he co~por;;u::ion, QJ.t~ least ten (1.0) days befox'c the day of ouch meeting 0-;:- upon wZliver of notice of the meeting. Hc>cie:t:;: oE' rJpB:cial rnBcLings I:llwJl be gi.ven cttcb Di:n~Gtor by Be:rving him wiLrJ sue}] notice pert-;onally or by mai) iLlg tho sarne co him at t1io POhL ofri ce ;;.c1dre:FlB s110lun on the HIO:lB89~l' 3 OS/2:1/00 10:28 "LJ 58'iT fn' :1I00D3, K:oou,::;, 5,Jf/\.:OJ::W.(t}; ~I-::CO-:O;' . ~." ~ \.h.J fiD 0 05 .' records of. t.he COJ:porat::Lbn. not le.'3s l:haxl three (JJ d-3.yB pJ::-j_or t,o the day [Jet fOT 8aid B.J;.lI~ci,",l ,inerating; pXO'T-rj_d8d that a. n\l2€t:J.J,1g CI:!: U.:i,e ,l:loa;1;-d m;ay )y held ;?"t ?u.y, t::i.m-e. if xiot:ic'2i of Lm.ch 11112:etiug if! ].-J;::Jived i!J 'nl.L"ii:ing !H i",dY;:;tnce t.he:t-'~r.Jf by ;aJ.~ DLr-ECtO:C.9. flj,l n_uLicer:o shall .be lilcdled ox- ,,'3e:rv~c1 by' ttle Secret;::n.')r of 'U)(='l Co.r:pcn.-;J.t5,Cl.n_ Not.ioe!;l oE fI' '8peciaJ,lueer.:.i.n,g tu::,ed n.ot dEJ.9cr:J.be thtJ PUx-pC)Be of: the -8paci,?L :f.l!eeLi.ng< ;-.. , :)j ~:-~-:;~ '..~'.~.. .'~: (e) ,nb10~~ A Bimple. ,majority oE f:hq nl.1inb~:c- 0:( rl?L~l:.~-i.~:1.CSf.:L ;,:uJ.d" (3, ffiBjority of .t..ba,<:;e pXr9,EH'.mt:B't" 'iJ> ll1eeLJ.ilg /_'.1.:" ~h:i,cll' ,3, DJrecco.'.:",r.t 1::'~18n in, office:.: shall constitut,:::' a guox-mn to L:Lano",.ct,:: ,qU,?Xl,.llH lI3'fJ:T-:~8e.nt, DkUY ,t:r~.nBact."l:lJ.~' bUBj;):),c!::i.Gof' ell>:: CQ.Tpo.r.i'i\t.lan . .~ . t:.hcl:IC B}'J.3.\<I,g_ 0xcept a9 Dt~henri8e provided ill the .lI.rtic1013 of IllCoJ:l?m~atio.u or (.r) C~JjJ-,ftT.:Lenc;e Tel ~Qbon~_ Any 'Or a.lJ dj.r~ctoJ::p ll\-!iiY .1..D, perBon ell: .a lne~t:i.ng_ hea.r each ol;her, and Bueh p~l.)_..=i(!ipat..t(]n shaLL con8titul~e pnJBence C'OIlllL\Unj,cattOl1 b;{ ''tlhich all perSOllS P8J:T,icipat:ing in r~J:JJ:! uIs8ting carl of the BDil:r.d by !neD-DB of a cOnfSrfltlCe telephone, or ,UlY me21,:W':; of PLlr1~icipat:e in ;:.\ meetiny of t:he BO<lrd of D:i J;ectO:t's OJ.- ;). C!(lllllltittee me)\lberl~ _ 5, .rJ&s::..tj.QJ1_ Th~ BO;:I:r:d 0:( D:i.roct.o.rs shall be eJected by the G _ 11.Qtj,L\9-J1Ltl.!.mli:_r).~.ee:l;j_:[1.g . JU)y 2ct:ion r8q\.1i,re.d 1.:0 L',e \,rri_U.ng gcttJ.ng forth the o.ction 80 t:ab:~D sn;:{lJ be 8ig:ned,J:JY allot 8,t such meeting lTIay b~ taken -,d_tbout ?, 11Ie:~[lng if a cc'nElenl l.n t:.=.ken c'.t .='. meet:ir~g of tJ,c Board r.,f Direct:ors o:rwIJir::h 1Ili:\)' .be t?ken Hti.2fJBS:;!1. <}' OS/23/06 HI: 211 '{J .500 BY: WOODS. ROCiElZS. &lIl1W-:GIW j l:j- 2(j- ~lb 1'1.00 , @OOil ," ,-~. t.he d:Lr,,,:cr.O:n=L Such (:unsent Ed1.<<ll lla'IJ<2 the same :Coree .and c,f1:ecl:: as a llnanirnol1s vote. A[L'l'ICLB Ii.! -, OFFIctmS ~ - T't,'"::Lln of Clffi i-:e. The officc:n; or the COJ:-po:cat~on 61-1<111 be .a p:r.-eElidi:J:nl~ I a ...rice pyefJident, a i9/;:c:ret:.Gl,:i."'Y, a t::Ccfii:Jl1re arIcl &ncb i-.idditJonal offi.cFJr" o:c ;cJEJsistauL otfiaeX-B aD the di.rcctoI"l'J nm.y d<8em ne:ce:BWClry_ The offic6:J::S OfUliB coqJo'i-atiOTl ahal] be <.:-;l-ecced at t:he <:inrmal llleetiT1g or tl-J~ floanj (.If Direct:ors f:corn the me\~lbej;8 ann shall hold office for t:wo year-a ox- unt i 1 thei::c SUCGeEl80:CEl are elected dnct q~ualiflEid. The Boa:n'l of Diret::tors. n'lay' appoint tUQ individuaJ5 LO f'::t>,ch office _ .An offJ.LtJr may be removed by t:.he Boa,:nl. of Direct-orB 'whenever in it,E; jud~rlTlE:nt t~he ,intereat.e or lhe: corpora,r:.j.on tlloul d be Be)~ved the:cel:;ry. .::;!. flu \~i~--Q.LJ~,>!:--~;'iidf;t:!.t.. Tbe l?reoidcnt shall pr.;:~ide at all rClf::etings. He, ohall perform 8uch ot:her dUl-:iea dB In~Y be Dpe:cifj,ed by the Board bf Directors. J. Dl1r,ip.l'I of vi C~I;'~12id~nt. 'The VJce President:. >lhall perform all functions of the Pr""eide:.ut:. .LD the ab8en<:;e of t.he Preeident: .lnd shall perfurm SUell other duciea as the Board of Direclore may specify. .;\ . 12lLtiei'l of ,SttQl.-eta a.-.. _ 'I'Iv,; Sec}.-ci:ary ah.:d1 -keep th2- mt (nlCc'et'J of ",11 mee:l j ngl:'l of .the Board of. Direcr:oY"f: and 81-10\11 keep all baohe d.[]d records of t:h8 BOi:lrd uI Oi rt;ctorl3 (lnd corporation. '1'he Sec:retiJ.ry shall l:lign and give illlDoticea- of rneeL.ingu of f:he HIJ2DfJ921 5 OS/2J/90 1U:30 'lr 5Ej\:T BY: WOODS. R()(,ER5, &111l"r::.tEGR:O; D-20- 35 lq,:b<:l ffll (J (J', ~~ . cC1:cpora.LLon and pe:cfr)J..'1I Buell other dutJe5 as !.:lIe BD;:lxd of Di:r-ectorB m;:lY npecj,fy.. 50 0J.!;.;LQfJ o,C the J'LQ.;:J~YD;::r. The TXE2\OuXET slle'.},} keep '):.he DooJC:!J of "),CC01Lnt of the corpo2:"iOI,t:.ioD and have custody Cl.nd co,lJt:cc11 of aJ.lt.he moneys of the co.rpO.l:ot:iCll1 and 011a11 depoult the same In fllJ.ch ba.nk.g Or bank .afl [nay be d~J1igJ}~ted by the rAoar-a of Direct:ors. The Tn~aY:HlJ:e 9h<1.11 P"'y claims ag;cdllBt the r.:o.cporat;ion \'/heD c1ir1?oted tn dc) :&10 by !:h~ l:Jc,-);;J:rd ot. JJirectOl:'8. The 9:1^ea.Gl\X~ 811;3.11 gi:vr?: slJcb bOD.d as may be fixed by the Boa.rd of lJixecLOl'a" t.he qJS!.= ~:lf wh i.ell shull. be paid bytbR corporB.tLon. The 'rr.OOlsure -I3hi3.1J TlloJ,E-l all oLOI1URJ. xeport of the business oD.J.Jd fiIluDCC.9 of the COXPOXd.t.iO;P to the Board of D~i.rcctOJ':-f;3 iO\ud the mBml}t)l:'s' organ:LzatiDo.S oJ:J.d such other .J:"epo:ct.E1 as [JIG BOCl,rd of Dj. rectOrs 'may h.:om Lime 1.::0 Li.lTL~ 1:h'2l :go;;,1.:rd (.)f .Oi:r.ec:t:or13. .requef-n:: .;1nd sball perfr,n:-m ouctl other dnt.i<:::s "'.$ m;;.\y be 'l3per;:5.fie:d by Go .Yi3CClllCip.f;I. In 1::hE evr"nt: aDY off1ce:c- 0:( t,tt,=: cUX'PC.'Tr1ti.on fail 1.:0 pf>::I;'fo1:1t\ tlle dL\t:j.~B ot hIs off5,ce, then his 3U,CCeB8()):' ,gl1alJ fo'hall dJe, i-EIE!.Lgn., be J:amoved or for a.ny n~.:H-!(J:n br:: IH1V.bl'8 t~(J OJ:: c.f.(i.ce. bEl elected by the BOiJrd of ]Jj.rectors [Or his unexpLr:cd r',e:nn of ARTICLE II '- NEr'WERS J. " QJFlUg~ClIl . Qual:i.f.ica.tion for wembership abnJl h8 JPe:rnJ~le='':-8hiF'. "rcmbership appliC:ii'1.t: :i. arA B J;lh~,J.l b8 vpproved by t::be .8,';;>,r'3 1n a.dvanc iJJ.q U}8 Inner. Ci ty ILl.:.hletic f\.ssocia tion by "Ipply-j,rJ.';i for. Dj:Jen l:D aJ.1 :lndJvid.1p,18 i'md oJ:'gani.zatiOIll:1 who r::xpn,:::~I1;; ;JrJ :i,nl:cr~[Jt= Hn20El921. 6 OS/2.3/06 1tl: J2 , 'Et . .;SEr;rr BY ;WGOI~, Iwtil:::](J. Ml.f\L.LCurW. ;:]-..!O- .,.J . J.-'".IJ-.z I [{tJ DOll ,-"~ . of D5.1.'8cI::.01:"8. 1'118 annualnlcmbcrs]1:Lp fee i8 ,,\iud, may be changed fxam time to time b:'l the Board of DJrectors. .2 . ill!IJu;;~J r\eE1;jJ1g. The merjlbGYEJ .sball hold an ;annuC1.1 lTI<6$ ting duYi.ng t.he lTJonth of ,July of each yeu:c at the c;;11 of the Eoard of Director-B. ;3 . ";;O,~ri..P-l--.1~etilJqR . Spe:cia1 11\e:;e~.:ingEJ C;Jf the Ill~TTlb8r8 may be called b:'l ,the. ,J'resident, Y.,-; "An.1,'~CLB VI - Ar.'1ENTIHENTS ..... vJbenevE:Y,it i9 congidered nCcestJdly by the BDen-d or D.L:r:-ecLoTa ~has,.t~~.fJ8,B'.'{l,EH"LJ be ClIT)endcd, tIle Board ?f DiTeoctoTa .sh;:J.ll, prepzlrr:: such propo[J(oeJ amendment: and fll.lbmit the same to vote of the Boara of D1. rectors aDd upon app:r:ov.,l of such ame.ndment hy 0 rnaj ryci ty ot t:hc BO<lYd of Directora the amef1dlllenL shall be effect:.i Vc. AnTI CLb; Vn The cOl.-poration shalJ. h9,ve the 1:1gl1t EO retain all o:c any part of r:.ny' <c;f':-:C1L:ci.tieb or propeJ:."LY acgl.iix-ed by it in \'Jh3.l:evel" wanneTr and to inV28l: and reinvest 03,1'11' fundS] held by it a.ccordJng co the judglllc11t of the: Board of lJirectors, provided, hO'wc;:ver, thal: no acti,on Bhall bE: l:.21kcn by or on behal.f of 'the cOlTJoration if suer, action :La a prDhibited txan.l:lB.CL..i,on Dr 1:iou1,Q result:: in .deniCil uf t:21)(_ exemption und8r Sec~ion 503 or Section 507 of th~ InLerndl RevenUR (:odc- CLIH.j its regulations as t:hey no,-,,, '~;Xi3t or dS Lbey may hert"after b{; arne:nd~d. '., H~JBag:?l 7 05/2J/9B lG:JJ ~. .sniT BY: ITOOV~. lW1iER3, f,HIIZLEGRO; 3"2U-~):J )." . 0'1 . 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OJ:' :U"lT1-1.1.1.l1t.:7'3J.--ecl.r '.9]1Quld the .ItR'I'lCLR JY: .' FXSCIU., YE1-\R Dj.recto:r:s. uule=.'FJ d.J,anged :by i:he .3.PDluprj_i3,J:e .resolul:ioD of the Boa.r.cI of 'l'he fi8C~J. )rear of j~he FOLlntJ.8,t:ir.JrI sl1C\J.J .be a C2.).8udax "{(",<:lX, hRT I CLE .x - Sl'JAL a.HY ins 1: ,CUllJ.ent: . 8e~1, but failure to UR8 the seal shall not affect tl1C validity of The: .Boo.I'd at Dix8ctarlil me,y aut.hori:;:;c the use of a C01.--pcn:'dT:f": a aea.l, force aEl it actuall;r BB'=lled by phyejcally a.[[ixin,g an JlllpYE:EJSJ.\:JCJ or conta.in5.ng words irnporti,nq a .ql;;:alad dOCL\l!Ie.n.t ahall be of the .9a,m~ CO a 8c:col1 by l-I~Y of a eeal or th~ (:xeculir;:nl of .., document: The. use, of.;:! (;;lc''''lmLLe of ;:J, senJ. 0:(" J=h~ .-J).f.fix.1.ng T1'1::>.8832J, G T '1:", ......, ,"< 05/";)/96 16;J.I '[3' .st.i'vl' !))': \\'~tm:), ROGEJ~5, &li.l>.:lLEGIW i fj- ;!(j--.!::J j'l ..:J;:J , @OlO ..--....~ AR'}'LCLE XI 1. ,Corurrd tt€:cB. StandJnu cCHllmi t:l::BE:S of tl'n= Boa:cd sllall cQn8iut of the following; (a) AthJnt-igt'!~Fitt:.t:e:S'!... tBuk .is t,o coordJriElLe iilthJet:Lc clcti"vic.:J,t:[;1 and p1anfJ. (b) E:r.::iiQ e rn i ~ 1::0 aid in the acader(tiJ..: rJlrpport of program pan:icJrJdnts t~brOU9h t:uto'cial offex-i,ngs. J:'Q.f:iiiJ t S :::!.!:!l2.29. IT cOl;ltl t'lUe:d pbrticipdLion by the pa,:"'-ent~ family ()f participaDt8_ (c) to CourH8 an.d GOo:r:-dindt:e the: (d) C()~~cJ~l::!. to provide ~i:<rl~er.ly Op]:Jort:unities tor nQRds. achlee~c atrdtegieD, etc. volunt.eer coaching I5tctff to ~lathilll-:-sha:ce and pJ.::m forblldgec"u::-y (e) -MIl to facilitDtc the dcveloprm~nt, 02 the NUT COlnponen t. of the pr-ogram, and coordinate acti vi ty vd f~h the board. (f) EllIJd!:"Cl i sing CO d~velop r plan and irnpJeTTlent an activlt:.ice identif:icd in the budget and ;approved by l:he bO<lxd, <ltnrmal BtraLegy for raising the fUnd<:: neceEJoa:r:y tor BU8ta.ining The membe::C8hip of E;ctt.:h COiJllottt:et:: m:)y v.<\ry J.n llurnbRr, and members Elhal1 be QPpojnt6d to one (J,) year t:'erms by t.he President. t.he Prt':l:lident. VacRncietJ may be filled tor t:he unexpired t.errn by aPI-JoJnt:rne:nr: hy Additional committees may be created by the Board 01: Di:cecl:.o,s ,najor-icy v!=)<:E:. H1i2S892; .9 Roanoke City Council )~ ~'o Council Members The Region 1 consolidation plans for Northwest Roanoke supported by both Parks and Recreation and the Youth Athletic Council (Y AC), has led ICAA to raise several concerns regarding the organizational structure of the Y AC and track record of other clubs in Northwest Roanoke since January 2009. In addition, ICAA has reservations based on the intended goal of the merger and why ICAA is perceived as a major component to the equation. During the Youth Athletic Council Meeting on 08/11109, it was brought to ICAA attention that financial resources and gain may serve as the motivation factor for implementing Region 1 merger as evidenced by suggestions that ICAA must have a certain status in order to vocal and present on equal playing fields. At this time, ICAA would like to address the City Council, but we wish to use a strengths perspective approach wish may enhance the Council member's understanding of the reasons ICAA has been consistent and displayed such resilience in our fight toward maintaining our independence. Inner City Athletic Association (ICAA) has been serving the inner city community of Roanoke Virginia for over 30 years, and is among the oldest and largest youth athletic program in the area. ICAA founders developed the organization with the sole purpose of offering Roanoke City youth, mostly African American from at-risk neighborhoods, low income and single parent households the opportunity to explore and display their athletic abilities through an organized sports program. Most importantly, ICAA founders recognized a need to provide a ,safe environment and means for a positive outlet during a historical time of racial bound&ries~d limitations being placed upon inner city youth. ICAA has provides services to approximately 2500 youth ages five to thirteen over a 10 year period and approximately 250 kids per year. ICAA is fortunate to have former players return to community to serve as coaches once they have completed their successful journey of NFL play or graduating from college. Approximately, 80% of our coaches have been with the organization for 10 years and 5% for 15 years or more. These numbers confirm that ICAA is not only an organization, but a "family" and fundamental building block within the northwest community. During the 2008-2009, footballlcheerleading season, ICAA provided services to more, than 250 youth. ICAA's intention was not to stack teams, but provide services to each boy and girl that requested ICAA as their home team. ICAA acknowledged that adequately service these youth, we must provide a maximum capacity for each team. Presently, ICAA has enough participants to form three leagues each for the football and cheerleading program. ICAA athletic program provides a daily lesson to youth about character and positive behaviors to exhibit on an off the field. We proud ourselves on our ability to establish rapport and trust and teach skills essentIal to relationship building by ensuring that as players move up a league that their coaches and mentors move with them. ICAA commitment to effectively improving the quality oflife for Roanoke City youth is reflected in our strategy for meeting the needs of youth and selecting appropriate services. Beginning Fall 2009, ICAA will be providing education guidance and services through our newly established "Education Department. The educational department is a comprehensive initiative in which ICAA will collaborate with the local community, schools, parents and volunteers to assist our youth with crossing the threshold of academic success and challenges of adolescence and young adulthood. An upcoming project will be the "Inner City Education Academy" to assist youth with developing positive self awareness, peer relationships and social skills. In addition, we will be continuing our school base mentoring and establishing a site within the community to facilitate our programs and services. FINANCIAL Since 1906, ICAA has been successful and thrived with minimal financial resources form the Roanoke City Recreation Department. Throughout the years, ICAA coaches, parents and volunteers have made several attempts to request funds from Roanoke City to provide porter potties, light fixtures, lined football field and concession stands in order to better serve the youth and possibly generate revenue. Unfortunately, Roanoke City did not honor these request as the lights were donated by an outside source and ICAA continued to proceed forward with seeking partnerships, volunteers and funding resources to sustain its athletic program. Despite, ICAA financial challenges, the organization ensure that all kids receive uniforms and equipment and additional needs in order to cooperate in city sports. ICAA's booster club is responsible for organizing fundraiser events and activities to contribute additional funds to address any unmet needs regarding uniforms, equipment, supplies and appropriate programmatic efforts. Presently, ICAA has available equipment and uniforms totaling over $7,000.00; therefore prepared to provide a uniform and equipment to each registrated child this season with additional equipment left over in case of emergency or damages. ICAA prides itself on being a youth driven organization and strongly believes that a current plan for Region 1 consolidation does is derived from the same approach. ICAA strongly believes that the current plans for the Region 1 consolidation does not embrace our educational initiatives as evidenced by recommendations to maintain independent educational and mentoring services separate from our existing athletic program. ,.. RECOMMENDATIONS ICAA anticipates that approval for provisional status will allow us the opportunity to collaborate and develop partnerships with Region 1 recreation clubs, board and community members to begin planning stages and strategies for implementation to ensure effective service delivery. Most importantly, ICAA and fellow clubs will be able to continue to provide a quality of services for inner city youth and appropriately prepare our youth and parents for possible transition. ,iI, c-to (-rv-U\i-~ October 27, 2008- P& R (Cindy McFall) r.1et with individual clubs within region 1 to "discuss that) consolidation and the fact that it must happen". (Parks and Recreation Region 1 agenda minutes) *November 10,2008- "Benefits/drawbacks to consolidation" A benefit statement requested by NW President to provide for individual board members. P&R (Cindy McFall) agreed to prepare information for next meeting. NW President requested Region 1 endorsement letter and acknowledged that P& R failed to consolidate region in last attempt. (Parks and Recreation Region 1 agenda minutes) *December 15,2008- P& R (Michael Clark) addressed benefits to consolidation (i.e., ineligible players, jumping boundaries) and stated" Parks and Recreation wants to recognize one recreation club in each region" , "The best way as a department is to have a unified club". P&R (Michael Clark) agreed to enforce deadline for January 26,2009 for individual clubs to determine ifthey are "on board" and send certified letters to clubs not attending (Parks and Recreation Region 1 agenda minutes). December 26, 2008- NO MINUTES FROM MEETING May 1. 2009- Inner City Athletic Association (ICAA) submitted proposal to P&R (Cindy McFall) to present to P&R and Youth Athletic Council (Y AC) requesting to recognized ICAA remain as "Stand Alone" or implement Region 5. May 11,2009- YAC voted against the ICAA proposaI5-1-I. (Clubs presidents present: NW, Wilmot, Pilgrim, ICAA, Williamson Road, GSA, South City Knights). Y AC continuously expressed to ICAA that merger discussion has been in process for years; however Y AC was unable to produce documentation beside agenda minutes and benefit statement. May 19, 2009.,. ICAA attended meeting with P&R (Cindy McFall, Steve Burschor, and Michael Clark) to discuss concerns with consolidation regarding inadequate planning and barriers to effective service delivery. ICAA stated rights as nonprofit 501 c3 organization and requested all documents pertaining to formination of the Y AC (including policies, procedures and voting procedures). P&R recommended that ICAA attend Region 1 meeting OS/20/09 to address concerns. (ICAA letter) May 20, 2009- ICAA President/President of Athletics attended the first Region 1 consolidation meeting at Layman Bingo Hall. (Present: ICAA, Wilmont, NW, Pilgrim). ICAA expressed concerns regarding organizational structure of Region 1 and importance of equal members (parents, board members, coaches) being involved from individual , .~__._c'l1Jb~..l<;AA informed that Region 1 board members can convince parents to join Region 1 w/o necessary involvement and that Region 1 win proceed with or without ICAA.The follow- up meeting was scheduled for OS/26/09 to begin planning and voting for Region 1 and development of Region 1 bylaws. (lst Region 1 consolidation meeting) May 26, 2009- ICAA President infonned Region 1 and P&R that ICAA will be withdrawing from Region 1 process due to continuous efforts to remain as "Stand Alone". ICAA acknowledged that P&R will not recognize ICAA under partnership due to Y AC rejecting proposal #1; therefore ICAA expressed offering alternative services to youth, (2nd Region 1 consolidation meetinglICM letter) June 15, 2009- Received continnation of ICAA letter of withdrawal. ICAA was infonned of responsibilities (staffing, financial, facility rental/usage) if seeking alternative partnerships. June 17,2008- Meeting with Roanoke City Mayor, David Bower to address ICAA concerns and prior meeting with P&R. Mayor contacted Steve Burschor, Director P&R via phone and recommended scheduled another meeting with ICAA to address concerns and issues from both parties (Mayor Bower's office). June 18, 2009- ICAA met with legal counsel to discuss Region 1 merger and possible legal concerns (ICAA meeting). June 30, 2009- ICAA presented to Y AC, proposal #2 requesting provisional status for one year for 2009-2010 season. ICAA acknowledged advantages/disadvantages to Region 1 consolidation. ICAA request is based upon inadequate planning and implementation of Region 1 policies and procedures, imposed region wide drafting, continued financial responsibility, ability to accommodate all ofNW youth. ICAA identified need to continue partnership with other recreation clubs due to soccer and baseball not being provided by ICAA. (ICM letter) July 10,2009- ICAA inquired about response to proposal #2 and-requested field pennits for Lincoln Terrace football field. ICAA invited P&R to attend ICAA organization/community meeting on 07/11/09 at Gainsboro Library (ICM email). July 10,2009- ICAA proposal # 2 was rejected by Y AC (4) to (0). Y AC stated "Consolidation of recreation clubs began in 2003 and ICAA has been involved from beginning". (Cindy McFall) informed ICAA that Region 1 received pennits for Washington Park and ICAA will be charged to use fields when not utilized by Region P&R declined invitation due to involvement with NSA Girls Class B Fat Pitch World Series. (P&R email/ letter) July 16, 2009-ICAA requested additional information regarding field rental procedures (ICAA email) July 18,2009- ICAA organization meeting at Gainsboro Library. Vice Mayor, Shennan Lea listened to ICAA parents and coaches concerns~ Mr. Lea recommended that ICAA attend City Council meeting on 07/20/09 to voice concerns to Council and community. (ICM meeting) W' '. July 20, 2009- ICAA appeared at City Council to inform council/community of current status ofICAA and P&R regarding Region 1 consolidation. Parents, coaches, youth and , community supporters advocated on behalf of ICAA. (Council meeting) July 21, 2009- P&R forwarded field reservation request form (P&R email). July 24, 2009- Interview with Roanoke Times to inform community about P&R/Y AC upcoming plans for youth athletic sports in Roanoke City. July 29, 2009- P&R presented letter discussing briefY AC history as self operating organization consisting of volunteers. P &R stated the Y AC role/responsibilities as being different from P&R and no involvement in organization structure of rec clubs or voting/decisions regarding Region 1 consolidation. P&R stated that Y AC is in the process of undergoing final consolidation phase within Region 1 and developing bylaws. P&R requested limited involvement in Region 1 merger and stated that City Council should not intervene and all concerns should be addressed before YAC (P&R letter). July 31,2009- ICAA President received phone call from City Manager Burcham regarding Region 1 merger and P& R decision to have limited involvement. ICAA was redirected to Y AC to discuss further concerns. (phone call) August 1, 2009-ICAA appeared on WTOY to address community. ICAA facilitated organization meeting (present NAACP, SCI.,C, Rev. Holland) at 6pm at P&R. August 3, 2008- YAGprovided response letter dated 07/31/09 to ICAA and City Council members regarding ICAA request for one year extension. Y AC discussed history, ICAA proposals and the benefits to Region 1 consolidation. (YAC letter-signed only by NW President) August 3, 2009- I CAA met attended city council meeting regarding follow-up for Region 1 merger. ICAA addressed two priority areas (1:, equity within P&R to remain as stand alone as other identified clubs 2: provisional status for upcoming 2009-2010 season and neutral mediator to guide process. ICAA vice president and others discussed service delivery and responsibility to our Roanoke city youth. City Council recommended that ICAA met with P&R with City Manager and neutral mediator present. (City Council m~~~ . Aug 3, 2009- ICAA signups- seasons, Roanoke City youth signed up/or 2009-2010 Aug 4, 2009- ICAAsignups- _Roanoke City youth signed up/or 2009-2010 seasons August 5, 2009- ICAA secured contract for Lucy Addison field and track for ICAA practice. 1 st official practice day (document) Echols. Peggy C. From: Sent: To: Subject: Sherman. Lea@roanokeva.gov 'Sunday, August 16, 2009 5:11 PM Echols, Peggy C. Fw: YAC and Inner City memos Importance: High Attachments: Impacts of Recreation Club Withdrawal.pdf; Lampman Memo.doc; Trent LetteL081409.pdf ,. I ,'~ Impacts of Lampman Trent Letter :ecreation Club Wit.. Memo.doc (31 KB) l81409.pdf (29 KB.. Peggy print all three letter for me. Blow up to size 20 for me if possible. Original Message From: Darlene Burcham Sent: 08/16/2009 04:51 PM To: Sherman Lea Subject: YAC and Inner City memos (See attached file: Impacts of Recreation Club Withdrawal.pdf) (See attached file: Lampman Memo.doc) (See attached file: Trent Letter 081409.pdf) Call if you have questions/concerns after reading, thanks for taking the time to talk with me. .--- pJ~. ~ 5. 1)1.- ~y;.- ~ ~ 1 ..~,,,.~ , ,.,':,""!':'''''''i"' ':/';:<~_'" 1m ' " -=, ROANOKE OFFICE OFTHE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 364 Roanoke. Virginia 24011 540.853.2333 www.roanokeva.gov August 14, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member 'Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Impacts of Recreation Club Withdrawal--."'u In light of recent events surrounding the consolidation of several recreation clubs, several established clubs have expressed concern for the apparent lack of support and the reluctance to support the decision of the Youth Athletic Council to deny the petition of Inner City Athletic Association (ICAA) to remain a stand alone and recognized organization ,within the City's youth team sport league. Representatives from two of four clubs (Regions) have indicated to Parks and Recreation staff that if City Council overrides the decision of the Y AC, their respective clubs will discontinue their membership in Y AC and will cease to offer recreational sports. Instead, they will focus their efforts on ompet' . This has several financial implications for the City. The city currently spends approximately $300,000 annually for eration of outh ath i . .. ccou s or Ie maintenance and preparation, assigning officials and umpires", scheduling all games, performing background checks on all heaq'toaches, administrative staff support, and utilities for the various fields and concession stands. Additionally, the Department' pays for scorekeepers at every game and provides security by off-duty Roanoke Police offjters when needed. Assuming, all four clubs discontinue their offering of recreational sports; this amount is likely to grow by another $100,000.00. Although the City would begin to collect fees for youth team sports, the countless hours of the volunteer work of each club president and respective athletic ~~ ~ ~ Mayor Bowers and Members of City Council August 14, 2009 Page 2 directors would need to be replaced with increased staffing in Parks and Recreation. There would be an increase of 4,000 registrations annually, nearly doubling the current workload of athletic and administrative staff. Attached is an outline of what revenues and expenditures would most likely look like should membership in YAC cease. The administration continues to believe that the City's role in this matter should be limited to the activities and duties that the Parks and Recreation staff have provided over the past 25 plus years to the Y AC teams, and that city staff should not be involved in the details of ,recreation club governance, team development, player drafting, and related organizational efforts that have been undertaken and accomplished successfully by the volunteer members and organizations comprising the Youth Athletic Council. Should you need additional information or would like to discuss this further, please contact me or Steve Buschor, Director of Parks and Recreation at 853-2494. Respectfully submitted, Darlene L. Burc City Manager Attachment c: Brian Townsend, Assistant City Manager, Community Development Steve Buschor, Director of Parks and Recreation ') Roanoke Parks and Recreation Additional Incurred Costs for Youth Team Sports EXPENSES Personnel - Regular Employee Salaries Annual Cost $84,821.00 Athletics Specialist, Pay Grade 10 $30,187.00 Administrative Assistant 111, Pay Grade 9 $27,317.00 Administrative Assistant III, Pay Grade 9 $27,317.00 - Full-Time Fringe Benefits . FICA Total Personnel: $27,990,93 $6,488.81 $119,300.74 Operational - Wearing Apparel $1,500.00 General Apparel - Program Activities - Athletics Youth Football - Jersey ($2 S.OO) and Pants ($1 O.OO) - 350 Total $12,250.00 Youth Football- Helemt ($100,OO), Shoulder Pads ($65), and Pants Pads ($10.00)' $1225000 350 Total. Divided by Five-Year Life Span ' . Youth Cheerieading . Uniform ($40,00) $14,000,00 Youth Cheerleading. Poms ($1 5.00) $5,250,00 Youth Soccer - Shirts ($10.00) and Shorts ($10.00) $19,000.00 Youth Basketball - Tank ($15.00) and Shorts ($ 1 O.OO) $23,750,00 Youth Baseball - Shirts ($18.00) and Pants ($10.00) - 750 Total $21,000.00 Youth Baseball - Batting Helmet ($25.00) - 300 Total- Divided by Five.Year Life Span 51,500.00 Youth Softball - Shirts ($18.00) and Pants ($10.00) . 180 Total $ 5,040.00 Youth Softball - Batting Helmet ($25.00) . 100 Total- Divided by Five-Year Life Span $500.00 $114.540.00 Total Operational: $116.040.00 Total Cost to Operate: I $235,340.741 REVENUES Annual Revenue Operational _ Program and Activity Fees $132,000.00 Youth Football - 400 Participants @ $40.00/Participant ~ $16,000.00 Youth Cheerleading .400 Participants @ $30.00/Participant ~ $12,000.00 Youth Outdoor Soocer - 1,000 Participants @ $30.00/Participant = $30,000.00 Youth Basketball - 1,000 Participants @ S30.aO/Participant = $30,000.00 Youth Baseball - 800 Participants @ $40.00/Participant = $32,000.00 Youth Softball - 300 Participants @ HO.OO/Participant - $12,000.00 Total Operational: $132,000.00 Total Revenues: $132,000.00 Net Cost to Operate: I $103,340.741 ~'-- -:... ROANOKE 'ARKS AND RECREATION .. ".." ~i~~~~~PIOyeesICity-oCRoa V~ ~. noke ROANOKE 08/14/200909:41 AM r_M~'.$ AAD Rt<:'/oI,LA1.U)!''lI To Steven Buschor/Employees/City_oCRoanoke@City_oCRoanoke, Darlene cc bcc Subject Inner City Numbers Ms. Burcham, The following is a breakdown of Inner City participants for the 2008-2009 youth football and basketball seasons: Football - Total Participants: 168 47 from Inner City Neighborhoods (28%) 97 from within other Region I Neighborhoods (58%) 14 from other City Regions (8%) 10 from outside the City (6%) Basketball - Total Participants: 151 37 from Inner City Neighborhoods (25%) 88 from within other Region I Neighborhoods (57%) 22 from other City Regions (15%) 4 from outside the City (3%) Total Participation: 319 Unique Participants: 270 If you have questions, please let me know. Thanks. ) * * * * * * * * * Michael Clark, CPRP, AFO I Recreation and Youth Development Superintendent Roanoke Parks and Recreation P: 540.853.11981 F: 540.853.12871 E: MichaeI.Clark@roanokeva.gov www,roanokeva.gov/play "A Nationally Accredited Agency" August 14, 2009 Michael Clark Recreation Superintendent Roanoke Parks and Recreation 21 0 Reserve Avenue, SW Roanoke, VA 24016 Michael - I spoke to Cindy yesterday and she asked me to follow up with you regarding the results from the task force meeting that was held following the Youth Athletic Council (Y AC) meeting that was held on Tuesday night August 11. In attendance at the task force meeting included people who agreed to represent their organization or region in regards to potential merger of the Inner City Athletic association (lCAA) into Region 1 . Ms. Cindy McFall served as the representative of the city of Roanoke Parks and Recreation Department and as the recorder of the minutes. I believe you have a copy of the minutes and who was in attendance. The following are my observations from the meeting: Throughout the meeting I continued to hear that all the programs should be for the kids who live in the city. Efforts have been going on for a number of years to consolidate the efforts of everyone by developing regions ( 4) wit hi nth e city and t hat the va r i 0 use I u b s within those regions would work together to combining all their resources to provide a stronger, more efficient and better quality program for the children in the their region. Overseeing these committed efforts was an organization called the Youth Athletic Council that was initiated and developed by the regions to oversee the programs and to ensure everyone was able to participate ina quality and fair program. Overall the program (YAC) has been very successful as everyone..had "bGught into" the concept wit e ,/ ption.-Of the ICAA who only wanted to support only 3 sports and not offering a full slate of sports as the other regions were providing. This weakened the efforts of Region 1 in their efforts to provide a program for everyone on a fair equal basis as it splintered the efforts of Region 1 and the efforts of the YAC. \ At the end of the meeting everyone agreed to the following: · ICAA agreed to stand alone as an organ ization very si m i lar to an organization in the city called the Roanoke Star program. · The YAC would not grant an extension to ICAA this year. '-- Even though the agreements were agreed upon - I am not sure that is the best solution for a number of reasons. (see below) · If the ICAA would merge with Region 1, I believe it would provide additional resources available for all the children in the region. Transportation - fai lities- personnel - fields, facilities and sport of the parks and recreation depart nt · It would level the playing field for all th partici pants. · It would enhance the "buying power" of the region as well as the YAC as you have so much more to offer the potential sponsors, grant money that may be available, purchasing supplies and equipment, and the sense of belonging tola united organization or program with the same goals and milestones in mind · All sports would be offered to all the children in Region 1 with opportunities to play and compete with equal tryouts using the same system that the other 3 regions in the city use. · Everyone would have the opportunity to play at every level. · It would also support the efforts of everyone in all the regions who have been working so ha-rd,.in developing a united recreation program for al the chi I d re n in the city. ~ "J Peter Lampman President Virginia Amateur Sports 540-343-0987 www.com m 0 nwealth g am e s. 0 rg Linkenhoker. Julia L. From: Sent: To: Subject: Stone, Cassandra T. Friday, August 14, 2009 5:42 PM Linkenhoker, Julia L RE: Emailing: NABCJ Brochure-2009-with changes-2 It was voted on. The 3rd one (NABJ Brochure-2009 w/changes 2. pdf (851KB) is the one the majority voted on. Thanks Julia The only change needed was the checks for membership should be paid to the order of Located at bottom to the right above the Alert: Please forward your application and check or money order to NABJ Western Virginia Area Chapter Attention: Sherman P. Lea, Jr.PO BOX 13894 Roanoke, VA 24038 -----Original Message----- From: Linkenhoker, Julia L. Sent: Tuesday, August 11, 2009 8:54 AM To: Stone, Cassandra T. Cc: Harris, Janice G.; s.lea@newhopesupportservices.com Subject: Emailing: NABCJ Brochure-2009-with changes-2 Cassandra, here are 3 samples of slight differences. Let me know which you like better and or any changes needed. Once the decision is made, make sure someone PROOF READS it. I'll need to know how many copies you need and how soon you need them. It will take a while to get them printed so please advise as soon as possible. I've printed a sample of each and I can mail them to you so you can get a better idea of how they'll look if you want me to, Please advise. The message is ready to be sent with the following file or link attachments: NABCJ Brochure-2009-with changes-2 Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 ~ 1Itir. ROANOKE PARKS AND RECREATION 210 Reserve Avenue, SW Roanoke, Virginia 24016 540.853.2236 fax: 540.853.1287 www.roanokegov.com/play 12 August 2009 Kiann Trent, President Inner City Athletic Association Dear Ms. Trent, We appreciate your attendance at last night's Youth Athletic Council (YAC) meeting. Upon hearing your case for remaining a stand alone recreation club coupled with the discussion of the meeting immediately following and the recommendation of the facilitator, Pete Lampman, this' letter is to inform you that the YAC has voted again to deny your petition to be recognized within the City recreation league as a stand alone organization. As mentioned before, if ICM should continue to offer youth team sport opportunities, please understand that your organization will take on many responsibilities that are handled by Parks and Recreation for regional recreation clubs, These responsibilities include scheduling games and practices, securing and paying officials, and requesting and paying for facilities for games and practices. Field usage requests will be considered in accordance with departmental policies. The priority for field and facility usage is City of Roanoke Parks and Recreation youth programs, Youth Athletic Council programs, Roanoke City school programs. City of Roanoke Parks and Recreation adult programs and finally, all other stand alone clubs. In closing, thank you, again, for attendance last evening and your organizations past service to the City's youth athletic program. If you have any further questions or concerns, please contact me at 540-853- 2236 or steven.buschor@aol.com Sincerely, Steven C. Buschor Director Cc: Darlene BurchamJ City Manager Michael Clark, Superintendent of Recreation " , \, City of Roanoke Recreation Club Consolidation/Redistricting Brief History of Consolidation July - September 2003 Jim Farmer and Mark Moore met with representatives from each of the 14 recreation clubs to hear individual club concerns and better understand the issues faced in the community. Concerns brought up in these meetings included the following: a. stop recruiting of players b. kids need to play where they live c. fees should be consistent throughout the city d. a lot of kids are being left out e. need marketing f. should have four clubs only - one for each section of the city g. define what a city recreation club should consist of h. Parks and Recreation needs to take leadership and get more involved with the recreation clubs i. need to connect with the schools: high school coaches doing clinics, grades j. need background checks on coaches k. various suggestions as to which clubs should merge I. need more and better coaches m. balance teams through "drafting procedures" n. some clubs are weaker than others so all kids don't have the same opportunities o. all sports should be offered in all regions November 18, 2003 Draft of the Background Screening Policy was presented and discussed in depth at YAC meeting. December 9, 2003 Printed map showing the city divided into 4 main sections was revealed at the YAC meeting. January 13, 2004 The final Four Region Boundary Map was presented to YAC and approved. January 23, 2004 Region I Recreation Club, Alstar Boundary Board One, scheduled to meet to begin merger. February 10, 2004 Reported at the YAC Meeting that the Region I meeting scheduled for January 23, 2004 was cancelled due to snow. "Drafting Procedures" developed by Parks and Recreation staff were presented to Y AC. Many details are still to be determined but the following decisions have been made by The Youth Athletic Council and The City of Roanoke Parks and Recreation Department: a. The current 14 recreation club system will be reconstructed as 4 independent clubs serving each of their respective 4 sections of the city. b. Region I, encompassing the northwest section of the city, will be served by a new recreation club. Current members (7) located in this area include: High Street, Inner City, Northwest, Pilgrim, Roanoke Catholic, Wilmont, YMCA. c. Region II, encompassing the northeast section of the city, will continue being served by the only club located in this area - Williamson Road. d. Region III, encompassing the southeast section of the city, will be served by a new recreation club. Current members (3) located in this area include: Garden City, Knights of Columbus, and Southeast. e. Region IV, encompassing the southwest section of the city, will be served by a new recreation club. Current members (3) located in the area include: GSSA, Heights, and Southwest. Fall 2005 Garden City, Knights of Columbus, and Southeast merged to form the new recreation club, South City. September 25, 2006 Jim Deyerle announced a merger between the Southwest Athletic Association and the Heights Club at this YAC meeting. The new club will be called the Greater Southwest Athletics or GSA. October 27, 2008 Following the transition of City of Roanoke Parks and Recreation Athletic staff, a Region I consolidation meeting was held at the Parks and Recreation Office. Representatives from Wilmont (Sandy Bond), Northwest (Clay Dawson), YMCA (Michael Smith) and Inner City (Hendrich Fortune) Recreation Clubs were present. The meeting attendees discussed the events that happened in the past that have lead to this consolidation. A Summary Letter from 2004 was also presented. November 10, 2008 A second Region I consolidation meeting was held with representation from the YMCA (Michael Smith), Wilmont (Sandy Bond) and Northwest (Clay Dawson) Recreation Clubs. Those present discussed inviting representatives from High Street, Pilgrim Baptist and Roanoke Catholic since these clubs were listed as a part of Region I. A statement outlining the benefits of consolidation was also requested of the Parks and Recreation staff. They also requested a letter of endorsement from Steve Buschor, Director of Parks and Recreation. December 15, 2008 A third Region I consolidation meeting was held. Michael Clark, Recreation Superintendent, was present to further clarify the City's position on consolidation. A Benefits of Consolidation Statement (listed below) was presented. It was decided that a certified letter would be sent to those clubs within Region I not in attendance to invite them to participate. January 26, 2009 A fourth Region I consolidation meeting was held with representation from the YMCA (Michael Smith), Wilmont (Sandy Bond), Northwest (Clay Dawson), Inner City Uerome Stephens), High St. Baptist (Duke Curtis), Pilgrim Baptist (Theo Taylor) and Roanoke Catholic (Stephen Niamke) Recreation Clubs. Copies of past meeting minutes, the Benefits of Consolidation Statement, and the Summary Letter from 2004 were presented. These documents were discussed. A main concern from, Pilgrim Baptist, High St. Baptist and Roanoke Catholic was whether or not members that did not live in the City were eligible to play. It was decided that a meeting with these clubs, the YMCA, the Athletic Coordinator and the Recreation Superintendent would be held to discuss residency. Michael Smith with the YMCA agreed to organize the next consolidation meeting after the meeting about membership was held. February 12, 2009 A meeting was held concerning non.city resident members of the YMCA, Pilgrim Baptist, High Street Baptist and Roanoke Catholic participating in city team athletics. Duke Curtis telephoned before the meeting and said his church declined to participate at this time. Michael Smith, Stephen Niamke, Geraldine Reid, Cindy McFall, Nat Franklin and Michael Clark were present. The subject of residency was held and due to the level of subsidy these programs receive and the fact that other localities offer similar programs, it has been determined that all participants of youth team sports in the City of Roanoke will be required to be city residents. (See residency reasoning below) Those present requested a statement addressing the consolidation history, the benefits of consolidation and redistricting, the reasoning for residency and the desired outcome. February 23, 2009 A statement addressing the consolidation history, the benefits of consolidation and redistricting, the reasoning for residency and the desired outcome was sent to the representatives from Roanoke Catholic, the YMCA and Pilgrim Baptist. Benefits of Consolidation and Redistricting a. The recreation clubs will have a larger pool of participants and coaches leading to the opportunity to have teams in all sports. b. The recreation club will have a larger pool of active volunteers. c. Recruiting of players, cutting players and coaches jumping recreation clubs will be eliminated. d. There will be more balance in skill level on teams through drafting procedures. ' e. Facilitate stronger recreation club by bringing boards together and eliminating duplication of job responsibilities, expenses and insurance policies. f. Simplified and more consistent connection with City resources - marketing, sponsors, grants, and purchasing power. g. Improved communication with customers - registration dates, locations and fees. h. Improve coaches and parent accountability through city-wide trainings. i. Unified philosophy and structure of recreation clubs. j. Improved connection with schools - tutors, checking report cards, utilizing school coaches. k. Unified effort will allow more youth to be reached and greater opportunities available to them. I. Unified philosophy and structure for the operation of all Recreation clubs. Residency Reasoning The Recreation Division subsidizes youth team sports by approximately $115,000.00 annually just in direct expenses. Once full-time salaries are added in, this subsidy jumps another $100,000.00. What is more, this figure doesn't take into account marketing, office supplies, or any work performed by the Administrative Division staff. In all, it is estimated that the Division spends close to $300,000.00 on youth team sports annually. Team sports include football, soccer, cheerleading, basketball, baseball, and softball. Each club establishes fees and takes registration. They use the registration fees to provide equipment and uniforms and then place the children on teams. These clubs are also responsible for securing volunteer coaches. The Division runs background screenings on all the coaches, schedules games and practices, and ensures that staff, security and officials are at all games. The Division collects no money for these services. Given this incredibly large subsidy, a residency restriction will be enforced for these programs. Roanoke County, Salem, and Botetourt County already enforce this rule. Each of those localities offers comparable youth team sport programs along with a scholarship program and there is no reason why these children can't participate in their respective programs. Desired Outcome It is the desire of the Youth Athletic Council and City Leadership to develop a unified philosophy and structure for the operation of four city recreation clubs. With improved organizational structure and planning, every youth in our city will be targeted with the opportunity for a fun and safe experience in recreational sports with properly trained coaches as their role models. The completion of this consolidation and redistricting will facilitate the elimination of player recruitment, team stacking, and entire teams jumping recreation clubs. It will allow youth athletics to move forward to develop and implement standard drafting procedures to ensure fair play and balanced teams across each region, regulate standard registration fees allowing more youth to participate, and produce larger pools of players and coaches allowing youth to participate in all sports as opposed to a select one or two. Under the new structure, city government will be able to leverage its resources in the areas of marketing, sponsorships, grants, and purchasing power to further strengthen the community recreation clubs. Submitted by Cindy McFall, Athletic Coordinator 2/20/2009 Updated by Cindy McFall, Athletic Coordinator 3/06/2009