HomeMy WebLinkAboutCouncil Actions 12-01-08
ROSEN
38293-120108
ROANOKE CITY COUNCIL
REGULAR SESSION
DECEMBER 1, 2008
9:00 A~M.
ROOM 159
AGENDA
Call to Order -- Roll Call: Council Members Rosen, Trinkle, Lea, Mason
and Price were absent.
DUE TO THE LACK OF A QUORUM, THE MAYOR DECLARED THE COUNCIL MEETING
IN RECESS TO BE RECONVENED AT 10:00 A.M., IN ROOM 159, NOEL C. TAYLOR
MUNICIPAL BUILDING.
Call to Order -- Roll Call: All Present.
The Assistant City Manager for Community Development submitted a written
communication requesting that City Council convene in a Closed Meeting to discuss
the terms and conditions of a public contract involving the expenditure of public
funds, where discussion in an open session would adversely affect the bargaining
position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(29), Code
of Virginia (1950), as amended. The Council concurred in the request.
ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND CONGRESSMAN
ROBERT W. GOODLATTE ON MONDAY, JANUARY 5,2009, AT 12:00 P.M., IN THE EOC
CONFERENCE ROOM, ROOM 159. The Mayor requested that the Council submit
items for discussion to the City Clerk or City Manager.
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ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
AGENDA.
With the concurrence of the Council, the Assistant City Manager for Operations
advised that he would be submitting a written request from the City Manager
requesting that the Council schedule a public hearing for Monday, December 15, 2008,
at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the leasing
of space in the Municipal Building, formerly occupied by the Department of the Blind
and Vision Impaired, consisting of 998.25 square feet, to Adam Williams, d/b/a as
Juice Do It, LLC, for an initial term of six months, subject to one year renewal options
not to exceed five years.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL.
Council Members Price and Rosen requested that the Director of Planning, Building
and Development attend the Council meeting to respond to citizen comments
concerning the code enforcement of alleged zoning violations in their neighborhoods.
BRIEFINGS:
. Corps of Engineers
(Armoring the Flood Wall on Reserve Avenue)
. Walnut Avenue Bridge/City Bridge Projects
. Washington Park Master Plan
30 minutes
30 minutes
30 minutes
A JOINT MEETING OF COUNCIL, THE ROANOKE CITY SCHOOL BOARD AND AREA
LEGISLATORS WAS HELD AT 12:25 P.M., IN THE EOC CONFERENCE ROOM, ROOM
159.
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ROANOKE CITY
.. .....................................
PUBLIC SCHOOLS
ROAN 0 KE CITY CO UN C I L Strong Stud."". Strong Schoo!;. Strong City.
ROANOKE CITY SCHOOL BOARD
AREA LEGISLATORS
DECEMBER 1, 2008
12:25 P.M.
ROOM 159
AGENDA
1. Call To Order/Roll Call. All Council Members present; School Board
Trustees Present - Trustee Penn arrived late, and Trustee Huff was
absent; and Senator Edwards and Delegates Fralin (arrived late) and
Ware were present.
2. Welcome. Mayor Bowers
3. Blessing - Vice-Mayor Sherman P. Lea
Lunch.
4. Presentation.of the City/School 2009 Legislative Program.
5. Remarks by Council Members, School Trustees, and Staff.
7. Remarks by Senator Edwards and Delegates Fralin and Ware.
AT 1 :37 P.M., THE SCHOOL BOARD CHAIRMAN DECLARED THE SCHOOL
BOARD MEETING ADJOURNED.
AT 1:37 P.M., THE MAYOR DECLARED THE COUNCIL MEETING IN RECESS
UNTIL 2:00 P.M., IN THE COUNCIL CHAMBER, ROOM 450, FOURTH FLOOR,
NOEL C. TAYLOR MUNICIPAL BUILDING.
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ROANOKE CITY COUNCIL
REGULAR SESSION
DECEMBER 1, 2008
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. All Present.
The Invocation was delivered by Dr. Raleigh W. Quarles, Pastor, Staunton
Avenue Church of God.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor David A. Bowers.
Welcome. Mayor Bowers.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3. T oday's
Council meeting will be replayed on Channel 3 on Thursday, December 4 at
7:00 p.m., and Saturday, December 6 at 4:00 p.m. Council meetings are offered with
closed captioning for the hearing impaired.
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ANNOUNCEMENTS:
THE MAYOR ANNOUNCED VARIOUS ACTIVITIES TO BE HELD BY THE LIBRARY
SYSTEM DURING THE MONTH OF DECEMBER 2008.
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL
AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND
RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO
PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE
INTERESTED IN OBTAINING A COpy OF ANY ITEM LISTED ON THE AGENDA MAY
CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL
BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541.
THE CITY CLERK'S OFFICE 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.
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2. PRESENTATIONS AND ACKNOWLEDGEMENTS BY
COUNCIL: NONE.
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
Colonel Robert R. Craig, 701 12th Street, S. W.
Evelyn D. Bethel, 35 Patton Avenue, N. E. Comments referred to the City
Manager for response.
Helen Davis, 35 Patton Avenue, N. E.
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, August 4, 2008.
RECOMMENDED ACTION: Dispensed with the reading of the minutes and
approved as recorded.
C-2 A communication from the City Manager requesting that the Council schedule
a public hearing on Monday, December 15, 2008, at 7:00 p.m., or as soon thereafter
as the matter may be heard, to consider the renewal of lease of space to Hertz
Corporation for the purpose of operating an automobile rental establishment located
at 1302 Municipal Road, N. W.
RECOMMENDED ACTION: Concurred in the request.
C-3 A communication from the City Manager requesting that the Council schedule
a public hearing on Monday, December 15,2008, at 7:00 p.m., or as soon thereafter
as the matter may be heard, to consider the renewal and additional lease of space to
Elias Azar d/b/a Azar Jewelry, Inc., located at 32 Market Square forthe operation of a
jewelry business on a month-to-month basis, not to exceed twelve months.
RECOMMENDED ACTION: Concurred in the request.
6
C-4 A communication from the City Manager requesting that the Council schedule
a public hearing on Monday, December 15, 2008, at 7:00 p.m., or as soon thereafter
as the matter may be heard, to consider the renewal of lease of space to Eddie Soo
Park d/b/a Tokyo Express located in the City Market Building for the operation of a
Japanese restaurant on a month-to-month basis, not to exceed twelve months,
commencing January 1,2009.
RECOMMENDED ACTION: Concurred in the request.
C-5 A communication from the City Manager requesting that the Council schedule
a public hearing on Monday, December 15, 2008, at 7:00 p.m., or as soon thereafter
as the matter may be heard, to consider the exchange of certain City-owned property
located at 2100 Countryside Drive, N. W., with the Roanoke Regional Airport
Commission, for three parcels owned by the Commission, in order for the
Commission to expand the Runway Protection Zone.
RECOMMENDED ACTION: Concurred in the request.
A communication from the City Manager requesting that the Council schedule a
public hearing on Monday, December 15, 2008, at 7:00 p.m., or as soon
thereafter as the matter may be heard, to consider the leasing of space in the
Municipal Building, formerly occupied by the Department of the Blind and
Vision Impaired, consisting of 998.25 square feet of space, to Adam Williams,
d/b/a Juice Do It, LLC., for an initial term of six months, subject to one year
renewal options not to exceed five years. The Council concurred in the
request.
An oral request of Council Member Gwendolyn W. Mason, Chair, City Council
Personnel Committee, that the Council convene in a Closed Session to discuss
mid-year performance evaluations of Council-appointed Officers, pursuant to
Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. The Council
concurred in the request.
REGULAR AGENDA
5. PUBLIC HEARINGS:
a. Proposal of the City of Roanoke to lease approximately 472 square feet of
City-owned property to Sharebike Inc., located in the Roanoke City Market
Building, to be used as a bicycle rental business, on a month-to-month basis,
not to exceed one year. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 38293-120108. (7-0)
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6. PETITIONS AND COMMUNICATIONS: NONE.
7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY
MANAGER:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance of a Federal Transportation Enhancement Fund Grant
from the Virginia Department of Transportation in connection with the
Roanoke River-Tinker Creek Greenway Trail projects; and
appropriation of funds.
Adopted Resolution No. 38294-120108 and Budget Ordinance No.
38295-120108. (7-0)
2. Acceptance of the Water Quality Improvement Fund Grant from the
Virginia Department of Conservation and Recreation (DCR) in
connection with water quality improvement projects for the Tinker
Creek watershed; and appropriation and transfer of funds.
Adopted Resolution No. 38296-120108 and Budget Ordinance No.
38297-120108. (6-0, Council Member Mason abstained from
voting.)
3. Acceptance of State reimbursement funds for fiscal years 2006,2007,
and 2008 from the Virginia Department of Emergency Management for
training and response to hazardous material incidents; and
appropriation of funds.
Adopted Budget Ordinance No. 38298-120108. (7-0)
4. Approval of the Public Art Action Plan for fiscal year 2009; and transfer
of funds.
Adopted Resolution No. 38299-120108 and Budget Ordinance No.
38300-120108. (7-0)
5. Execution of the 2008-2009 CDBG Subgrant Agreement with
Rebuilding Together, Roanoke, Inc., in connection with the 2009 World
Changers Project.
Adopted Resolution No. 38301-120108. (6-0, Mayor Bowers
abstained from voting.)
8. REPORTS OF COMMITTEES: NONE.
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9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS:
a. An ordinance amending the City Code by adding a new subsection to increase
the total combined annual income and net combined financial worth
thresholds for qualification for real estate tax exemption for elderly and
disabled persons.
Adopted Ordinance No. 38302-120108. (7-0)
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
As previously stated during the 9:00 a.m. Work Session, Council
Members Price and Rosen shared comments from citizens regarding the
storage of furniture on outdoor porches and vehicles being parked on
lawns; and posed the questions to the Director of Planning, Building and
Development for response.
Council Member Price commended the Youth Advisory Commission on
their efforts with regard to the Family Feast.
Council Member Trinkle requested that the matter of possibly reducing
the City's personal property tax rate for citizens that are registered
owners of hybrid vehicles be referred to the 2009-2010 Budget Study, in
order to give the Council an idea of the implication that the reduction
may have on the City's budget. The Mayor requested that the upcoming
Budget Study be placed on the Council's schedule.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
The Assistant City Manager for Operations announced that the City was the
recipient of a 2008 Silver Summit Award.
AT 3:10 P.M., THE MAYOR DECLARED THE COUNCIL MEETING IN
RECESS FOR A CLOSED MEETING IN THE COUNCIL'S
CONFERENCE ROOM, ROOM 451.
CERTIFICATION OF CLOSED MEETING. (7-0)
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AT 4:53 P.M., THE MAYOR DECLARED THE COUNCIL MEETING IN
RECESS UNTIL MONDAY, DECEMBER 15, AT 11:00 A.M., IN THE
EOC CONFERENCE ROOM, ROOM 159, FOR AN INFORMAL WORK
SESSION TO DISCUSS CAPITAL IMPROVEMENT PROJECTS AND
OTHER ITEMS AS DEEMED APPROPRIATE.
10
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
December 1, 2008
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
terms and conditions of a public contract involving the expenditure of public
funds, where discussion in an open session would adversely affect the
bargaining position or negotiating strategy of the City, pursuant to 92.2-
3711.A. 29, Code of Virginia (1950), as amended.
Respectfully submitted,
I
R. Brian Townsend
Assistant City Manager
for Community Development
WMH/RBT /Isc
c: William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Stephanie M. Moon, City Clerk
."
"
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
.eCEIVEL
NOV 24 2008
~, MANAGER'S O~r:v
REPLY TO
ATIENTIONOF:
November 14, 2008
Project Management Branch
Mr. Philip C. Schirmer, P.E., L.S.
City Engineer
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 350
Roanoke, Virginia 24011
Dear ~inner: .
Thank you for sharing the City's concerns about the proposed modifications to the armoring
of Training Wall 298 in your correspondence dated October 20,2008, and in our conversation on
November 6, 2008. My staff and I will be happy to meet with your City Council on December I,
, 2008, at 10:00 AM, to explain the reasons for our design changes.
Lessons we have learned since the original design for Training Wall 298 was prepared in
2002, and lessons gained from examining reasons for project problems and failwes of the New
Orleans levees during Hurricane Katrina, indicate that it is critical to strengthen some of the
design features of this training wall. To prevent erosion from overtopping and failure from the
rear of the wall in a 3% or higher flood event, it is necessary to armor the earth embankment with
concrete pavers in the area ofthe Roanoke City Schools Maintenance Facility on the park side of
the I-wall embankment and place concrete pavement where the I-Wall transitions to the earth
embankment. To prevent erosion of the training wall on the river channel side, we have learned
that it will be necessary to protect portions of the earth training wall with stone erosion
protection. We understand the city's desire for less-costly maintenance and a more natural
appearance, but w~ are convinced that some strengthening in.targeted areas is necessary. The
stone erosion protection will be confined to those areas that our lessons learned tell us will be
vulnerable under flooding conditions. These areas include the transition section from I - Wall to
earth embankment, at the Pedestrian Bridge Crossing, and at the intersection with the railroad
embankment. A plan of the modifications is included for your reference.
In the very near future, the contractor is scheduled to install the erosion control matting
included in the original design for Training Wall 298. We plan to proceed with the contract
modification process to implement the recommendations in order to provide the additional
armoring as soon as possible and to also minimize the cost of the modifications. The actual
construction of the additional armoring will not begin until after our meeting on December 1,
2008 with the City Council, as we discussed in our call on November 6,2008.
-2-
We hope that the City will understand that the changes we are making are intended to
ensure your project has a long and successful life of reducing flood damage to the city, and that
your hard work and investment will be protected from threats we now have strong evidence
could become problems for the project. I look forward to meeting with the City Council and you
on Monday, December I, 2008 to discuss these changes. If you have any questions prior to our
meeting, please call my project manager, Ms. Jan Brodmerkel at 910-251-4763.
Sincerely,
~~
Colonel, US Army
District Commander
Enclosure
Copy Furnished:
': Ms. Darlene L. Burcham
City Manager
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Vi~ginia 24011
, Mr. James Grigsby
Assistant City Manager for Operations
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011
Mr. Robert K. Bengtson, P.E.
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011
1
The ~!E}E%d0f~~;a1@~1f~li~:~~~
.. ::_ ~:~,:}~,:'l~.'~~~f-. _>:~.~~~.t~-~'~~7..~,~~_<?:~,,;,~
The City's Comprehensive Plan, through both the 2000 & 2007
Parks & Recreation Master Planning processes recommended
that the existing flat-water pool be converted to a leisure pool
and contain such amenities as:
- zero-depth entry
- current channels
- Waterfalls
- slides
The goal is to become a family-oriented outdoor aquatic
destination.
The Washington Park Master Site Plan as endorsed by both
the PRAB as well as the special park site plan committee as
appointed by Council both supported converting the existing
pool function and structure into a family aquatic center.
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-', - '," ..; -:;..< ~.';.-~, ~.:%-;:;:"~{:...~-~,;.")~,,,,",".~.~,~-~,-~.~ ,._~; "t"<{;""" ..1
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./" -' "':::...1::-', <~'-.L~-' .~-~. --,,;~.~~,.....
, <. - --",j
· Repair/Renovate Option 1: Repair Existing Pool: This
option would repair any current physical deficiencies
found with the current pool and pool systems. No
functional improvements or recreation value items will be
added.
· Repair/Renovate Option 2: Renovate Existing Pool:
This option includes all of the repairs to the existing
systems while incorporating several additional functional
and recreation value added items.
...
2
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. . : ':... ~~:_;~~~::.". '). :.~;:1;'f'~;';~"':<:~~' '1 ~q~;, ',:3'f.;~-,i ~ -,;/ ':~~~
Repair Summary
· Repair Deck Items including shade enhancements
· Repair Pool Items related to meeting current health code and
industry standards
· Repair Pool Mechanical system to meet current standards
and reduce water loss
Operational Summary
· Repairs will not address the functional obsolescence of the
facility. The experience will not be enhanced and therefore
the facility would continue to operate at the existing subsidy.
...
3
4
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'Ir..--R,eip'ajiirrtRglffi~~i1f~~fTl~
" to -':,",i. ~~~ .~,~~>~~~~.,~~~'i-' "l~;~';.;.;1:~.,~ ~~
i Total est; mated 'Project cost - $1 ,908,911 . "\I
Enhancements - $1,037,950
-Zero depth entry leisure pool
-Sprayground
-Diving boards and climbing wall
-Interactive play structure
-Drop Slide
Repairs - $403,299
-Deck
-Mechanical system
-Replace pool finish
Improvements to Existing Site and Building - $150,000
10% conti ngency-$144, 125
10% A & E - $173,537
5
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Op. fIO'I7" #3;-... .o.~'.. ~,::-5~1'1:-:~:~;':;-:~<~''''.. :?;,,~,,;,; <!.-:';,-,.,-;"...'-s:;;,;. ...)
:/ . / _:..-',1 L./ -..... '. _.....~J}_..-.......~~~-..-:;,..:r:~--........~,... ...... ...... -', ,~....~ ~..~
:' ~f' _~~_.~ :~'-~~' '~-;.1~~~~."':..~~~......~(~..~'~:.;f-..,~\..._~ .... -~."r~ :S,<-A~
Total estimated corrstfliction cost - $2,576,647 . ' '~'~;;j
Enhancements - $2,046,025
.Leisure Pool (new construction)
.Zero depth entry leisure pool
.Participatory Play Feature
.Kiddie Slide
.Water Sprays
.Current Channel S't C t - $197 25
.Lily Pad Walk I e os s ,0
.Interactive play structure
.Two (2) flume waterslide structure with run out 10% contingency-$144, 125
.Tot Pool
Support Area - $380,622
.Deck
.Fencing
.Site Lighting
.Shade Structures
10% A & E Fees - $173,537
Bathhouse Renovation - $100,000
6
~-----~ -':' -';.........-~~.~ ~~---~
Expe'ns;es~'. aimidui~~e'Melm\U~ ~S~4'.'~~:~~f-:~;'';~~'7t~ ~
. , ;,' /..1' J_ ......-:..-' - ':".. !!.I.=l.....- :-- :=..l,-:f-~ :-=1:.~~~~~'"'.;..")7::."""''S.':;~ ...... ,_" ::,:.:.,. ...,~ ~ I
. -' . t.o ;:, - ....._o$.."'~....,....:".....".,,..,."\r.,P.,,. ~'~ ~ 1 ~ ~
: : ~~ ~;;"':,,,,~"~:'_.~' -: '~;..' ":::'-.: ;;-~-^:z --<." "'.. -.,; . . - .' . ,'~ -' .~._~, -- ..... -v~.~.):j
. -Exp~Iil:~es ':. o,,',"" . "~~~
Total Personnel - $115,894
Total Contractual Services/Commodities - $40,738
Total Utilities - $33,081
Total Expenses - $189,714
-Revenues
Total Per Capita Spending - $3.50
Total Special User Spending - $10,345
First Year Attendance - 50,656
Total First Year Revenues - $187,404
7
...
8
ROANOKE CITY
----.----- ..--------..
PUBLIC SCHOOLS
Sllt)ng Student;. Strwig Schoob. Strong LilY,
. Roanoke City Public Schools
Legislative Priorities
2009-2010
~ Roano,ke City Public Schools
~;i: Legislative Priorities
. Reps opposes any changes which would reduce any funds to
local school divisions.
~ Ability to get Waivers from SOA and SOQ in areas impacted b~
funding
In the event funding for local school divisions is reduced by the General Assembly,
Reps believes that funding cuts should be on a "percentage of total" basis, thus
permitting local school divisions to determine where the corresponding expenditure
reductions should be made. Additionally, school divisions should be permitted to
apply for waivers from the Standards of Accreditation (SOA) and the Standards of
Quality (SOQ), as appropriate, in those areas impacted by the funding cuts.
~ Roanoke City Public Schools
)s~~::: Legislative Priorities
.:.Support competitive salaries and benefits fOI
teachers
Reps supports efforts to provide competitive salaries and benefits which will
retain quality education employees in the profession and which will attract ar
retain new personnel of high caliber.
a Roanoke City Public Schools
~~,~::; Legislative Priorities
~ Support permanent funding source / formula for school
construction and debt service - (deferred maintenance
issues)
Reps encourages the state to recognize the burden that school construction and
debt service costs place on local budgets. Accordingly, the state is urged to provid
localities with recurring money for school facility debt service, on a per pupil basi~
and in addition to the SOQ funding, and to establish a permanent revenue source
and formula for distributing school construction and debt service funding to
localities. In the alternative, the state should increase the current level of school
construction funding, funding for the Literary Loan program, and funding for the
Virginia Public School Authority Interest Rate subsidy program. These funds should
be protected from other use or allocations.
ll1<A:~i!!
~J1
1M
Roanoke City Public Schools
Legislative Priorities
)KE CITY
SCHOOLS
."":,,;,,
+:+Investigationof alternative incentives for
graduation
Reps supports efforts to increase graduation rates. Thus, the state is encouraged to
require that students be on track for or making acceptable progress towards graduatiol
to receive and retain a Virginia drivers' license.
a Roanoke City Public Schools
~~~~;~L Legislative Priorities
.:.Support of the Virginia Association of School
Superintendent's (VASS') agenda:
.:. Educational Funding
.:. Academic Achievement
.:.School Construction, Maintenance and Debt Service
.:. Attracting, Training and Retaining Division Staff
.:.Ensuring School Safety
.:.School Calendars
.:. No Child Left Behind
,
~.
Roanoke City Public Schools
Legislative Priorities
ROANOKE CITY
PUBLIC SCHOOLS
Strong Students. Strong Schools. Strong City.
2008-2009
David B. Carson, School Board Chair.
Jason E. Bingham, Vice Chairman
Mae G. Huff
Suzanne P. Moore
Courtney A. Penn
Todd A. Putney
Lori E. Vaught
Dr. Rita D. Bishop, Superintendent
"
ROANOKE CITY
._."---~_._~~-_._----_._-
PUBLIC SCHOOLS
Stron8 Stud,~n(<;. Siror1t{ S(hc.ols. S:rfJn!'l City
Executive Summary
The Virginia Association of School Superintendents (VASS) held its
annual legislative conference in Lynchburg, Virginia October 14-16, 2008.
Superintendents from across the state attended the conference. During the
conference, superintendents examined issues that were deemed critical to
the continuous improvement efforts established within the Commonwealth.
The main body of this document sets forth the perspectives of RCPS
with regard to the VASS agenda. Priorities from the conference were
evaluated for their specific relevance to the needs of this Division.
It is recognized that the list of priorities is long. Four stand out as
being of particular significance to this Division. They are:
.. RCPS is concerned about possible revisions to the state budget
that might affect education. RCPS opposes any changes which
would reduce any funds to local school divisions.
In the event funding for local school divisions is reduced by the
General Assembly, RCPS believes that funding cuts should be on
a "percentage of total" basis, thus permitting local school
divisions to determine where the corresponding expenditure
reductions should be made. Additionally, school divisions should
be permitted to apply for waivers from the Standards of
Accreditation (SOA) and the Standards of Quality (SOQ), as
appropriate, in those areas impacted by the funding cuts.
.. RCPS supports efforts to provide competitive salaries and
benefits which will retain quality education employees in the
profession and which will attract and retain new personnel of
high caliber.
,
.'
. RCPSencourages the state to recognize the burden that school
construction and debt service costs place on local budgets.
Accordingly, the state is urged to provide localities with recurring
money for school facility debt service, on a per pupil basis, and
in addition to the SOQ funding, and to establish a permanent
revenue source and formula for distributing school construction
and debt service funding to localities. In the alternative, the
state should increase the current level of school construction
funding, funding for the Literary Loan program, and funding for
the Virginia Public School Authority Interest Rate subsidy
program. These funds should be protected from other use or
allocations.
. RCPS supports efforts to increase graduation rates. Thus, the
state is encouraged to require that students be on track for or
making acceptable progress towards graduation to receive and
retain a Virginia drivers' license.
Dr. Rita D. ,Bishop
Superintendent
,
ROANOKE CITY
--- -----.--------..---
PUBLIC SCHOOLS
Ji['.ll1g Student... Silong Sfili!Oh. S.lron~ Cily.
Roanoke City Public Schools
Legislative Priorities: 2008-2009
Preface
RCPS is concerned about possible revisions to the state budget that might
affect education.
In the event funding for local school divisions is reduced by the General
Assembly, RCPS believes that funding cuts should be on a "percentage of
total" basis, thus permitting local school divisions to determine where the
corresponding expenditure reductions should be made. Additionally,
school divisions should be permitted to apply for waivers from the
Standards of Accreditation (SOA) and the Standards of Quality (SOQ), as
appropriate, in those areas impacted by the funding cuts.
1. Education Fundin9
Roanoke City Public Schools (RCPS) supports full funding for the General
Assembly's minimum foundation school finance program for K-12 public
education.
. RCPS supports the General Assembly fully funding the rebenchmarking
of the SOQ so the standards are "realistic in relation to the
Commonwealth's current education needs and practices."
. RCPS supports the General Assembly funding 12-month raises using
the linear weighted average and real inflation figures derived from
annual reports from the divisions.
. RCPS opposes the continued use of the Literary Fund for purposes
other than school construction.
. RCPS opposes any changes in the Standards of Quality Funding
Formula which would reduce any funds to local school divisions.
. RCPS supports the position that public tax dollars for K-12 public
education should be spent only on K-12 public schools. RCPS opposes
)
tuition tax credits, scholarships, vouchers, and other like attempts to
divert funds from K-12 public education.
. RCPS supports increased funding for at-risk programs in order to
reduce the dropout rate, increase graduation rates, lessen the burden
on local governments to incur the costs of such programs.
. RCPS supports appropriation of school funds by local governing bodies
on a lump sum basis over categorical basis.
. RCPS opposes local government boards using K-12 appropriations for
any purpose other than education.
. RCPS supports additional funding for alternative education and
maintains that such funding should be the joint responsibility of the
local school division and the state-funded alternative education
programs.
. Local school divisions should receive funding for elementary alternative
education programs.
. RCPS opposes transportation services for private school students by
public school buses and believes it is an inappropriate use of public
funds.
. RCPS supports current practices and funding for students whose
disabilities require special transportation..
. RCPS supports efforts to change funding for elementary and secondary
education in the Commonwealth to reflect true costs incurred by
school divisions in meeting the requirements of the SOQ, SOA, and the
SOL.
. RCPS supports efforts to ensure that the funding formula reflects
current costs to meet state requirements that have been added since
the formula was last revised.
. RCPS supports efforts to ensure that the funding formula reflects
educational practices that go beyond the requirements of the SOQ but
are needed because they constitute best practices that benefit all
children.
. RCPS supports efforts to expand positions and funding under the SOQ
to reflect actual education practices in school divisions.
. RCPS supports efforts to expand state and federal revenue to fully
fund mandates.
. RCPS supports efforts to grant localities the authority to utilize
additional revenue sources other than property taxes.
. RCPS supports exclusion of all federal deduct funds in the re-
benchmarking of the SOQ process.
. RCPS supports the revision of the current transportation
reimbursement in Basic Aid to reflect the current cost of fuel.
. RCPS opposes any changes in the Standards of Quality Funding
Formula which would reduce any funds to local school divisions.
~
2. Academic Achievement
RCPS is committed to increasing the performance of all of its students
and to closing achievement gaps, with particular emphasis on the lower
performing subgroups of students as defined by the No Child Left Behind
(NCLB) Act.
. RCPS supports continuation of local initiatives to raise graduation
requirements.
. RCPS supports the development of a Career Technical Diploma to
recognize students whose achievement is in the area of technical
education.
. RCPS opposes the concept of Standards of Learning (SOL) becoming
regulations.
. RCPS supports the idea of the Standards of Accreditation (SOA) being
approved only when funded by the General Assembly.
. RCPS believes that the state should assume a role of support and
direction rather than one of punitive enforcement in accountability and
accreditation.
. RCPS supports legislation. that enhances the ability of local school
boards and administrators to conduct school business in an
environment that protects the privacy of students and personnel
records and other sensitive information.
. RCPS supports allowing local school division policies to control student
access to the Internet and the use of software to filter certain
information.
. RCPS supports efforts to review the SOQ to reflect the actual
educational practices of local school divisions.
. RCPS supports continued funding for dropout programs.
. RCPS supports continued and additional funding for at-risk students, to
include remedial education SOQ funding, at-risk SOQ funding, funding
for reduced K-3 class size, at-risk 4-year-old funding, and technology
funding.
. RCPS supports continued funding for alternative education
. RCPS requests the General Assembly provide funding to local school
divisions to employ the additional personnel necessary to coordinate
the testing that will be required as a result of the revisions to the SOA.
3. School Construction,. Maintenance and Debt Service
RCPS is committed to ensuring the effective and efficient use of division
facilities and infrastructure.
RCPS encourages the state to recognize the burden that school
construction and debt service costs place on local budgets. Accordingly,
the state is urged to provide localities with recurring money for school
facility debt service, on a per pupil basis, and in addition to the SOQ
funding, and to 'establish a permanent revenue source and formula for
distributing school construction and debt service funding to localities. In
the alternative, the state should increase the current level of school
construction funding, funding for the Literary Loan program, and funding
for the Virginia Public School Authority Interest Rate subsidy program.
, These funds should be protected from other use or allocations.
. A program of state participation in school construction and
renovation projects should be implemented in addition to current
Literary Fund and VPSA programs, school construction grants, and
lottery proceeds programs.
. Sufficient funding should be provided for the Literary Loan program
to meet construction requests within one year.
. The state should address the financial condition of the Literary Fund
and should balance the general fund without using the proceeds of
the Literary Fund to balance the budget.
. The state should continue the VPSA subsidy sales until the Literary
Fund is available to meet school construction needs.
. The General Assembly should expand the ability of school divisions
to borrow through expanding the capacity of the VPSA.
. The state should share debt service as ongoing, unfunded
operational expenses.
. Debt service should not be part of the state-funding match.
. The state should fund construction and renovation costs associated
withstate mandates (e.g. reduced class sizes, 4-year-old programs,
etc.).
~
4. Attractin9, Trainina, and Retaining Division Staff
RCPS is committed to attracting, training, and retaining the best staff for
our urban Division.
a. RCPS supports legislation to address the teacher and
administrator shortage crisis. This legislation should include
providing financial assistance to school divisions for recruiting
and retaining qualified teachers and administrators.
b. RCPS supports additional teacher education scholarships
c. RCPS supports funding stipends for mentors to meet their
mentor program requirements
d. RCPS supports increased funding for comprehensive staff
development programs for teachers and administrators including
full funding for national board certification.
e. RCPS supports increasing salaries and benefits of all teachers,
administrators, and superintendents so that Virginia will be in
the top 100/0 in the nation.
f. RCPS supports efforts to provide competitive salaries and
benefits which will retain quality education employees in the
profession and which will attract and retain new personnel of
high caliber.
g. RCPS supports state funding for ongoing technology training in
order to comply with the State licensure requirements and the
rapidly changing technology advancements and needs in schools.
h. RCPS supports current law which vests final authority in any
case involving the grievance procedure with local school boards.
i. RCPS supports the idea of term contracts for teachers and
administrators
j. RCPS supports enabling school divisions to re-hire retired
licensed personnel with no waiting period on a full-time basis
with no loss of retirement benefits.
k. RCPS supports the concept that local school divisions are capable
of setting, monitoring, and evaluating instructional schedules for
school personnel. Planning time for teachers should be a local
decision based on the local requirement and specific local
schedule.
I. RCPS supports initiatives to add teaching personnel to
elementary schools and requests that nay such initiative be
made flexible so that additional teachers can be employed in
accordance with the needs of the local school divisions.
m. RCPS supports Standards of Quality that define and require
certain administrative, support, and instructional staffing levels.
\~
Y
n. RepS believes that minimum staffing requirements should be set
in the Standards of Quality.
. o. RCPS supports increasing the minimum staffing requirements in
the Standards of Quality through additional funding.
p. RCPS supports permanent funding for educational technology in
the Standards of Quality
5. Ensurina School Safety
RCPS is committed to ensuring the safest schools for our students and
staff as part of its broader effort to facilitate a productive learning
environment in all schools. RCPS urges the continuation of grants and
enhanced funding for School Resource Officers and other school safety
programs and initiatives.
a. RCPS supports the authority of local school boards granted in the
Constitution to regulate firearms on school property and at
school events.
6. School Calendars
RCPS supports returning control of the public school calendar to local
school boards and supports local flexibility and control over opening dates
to allow local school boards to have time to provide for required
remediation and teacher training.
7. No Child Left Behind
RCPS supports NCLB's general goal of having all children learn to high
standards, but is deeply concerned about the Act's major expansion of
federal authority over state and local educational programs as well as the
huge costs required for non-Title I students to be carried by local funds in
this program. RCPS supports return of accountability to state and local
authorities. RCPS also supports full funding by the federal government
for the implementation of NCLB. In the absence of the return of
accountability, RCPS supports the following changes:
.
a. Add both a clear promise to fully fund Title I and Part B or IDEA
and a clear path to full funding for Title I and IDEA
b. Add real, valid, reliable and standards-based measures that
accurately measure each student's actual starting pOint and
growth over time.
c. Settle the continuing conflict between IDEA and Title I in favor of
the individualized instruction and assessment required by IDEA
by (a) eliminating the arbitrary caps on student assessment and
add developmentally appropriate measures and assessments
called for in the student's IEP; and (b) include the IDEA mandate
for services to high school graduation or age 21 in the
calculation of graduation rates.
d. Permit states to determine appropriate measures and
assessments for English Language Learners based on state
approved tests and the professional judgment of teachers and
administrators.
e. Count in AYP a student's passing score on all test retakes.
f. Eliminate all plans, reports, audits and staffing mandates that
research does not show improved achievement for low-income
children.
g. Sharpen the targeting of funds to school districts and schools
where poverty is concentrated based on the percentage of such
students
h. Eliminate the comparability requirement of equal per-pupil
spending on teachers since the calculation mistakenly equates
salary with teacher quality.
i. Clarify the high school graduation rate calculation
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
December 1, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, 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: Schedule Public Hearing to
Renew Lease for Hertz Car
Re ntal
The Hertz Corporation currently leases approximately 87,120 square feet of
City-owned property identified as tax map number 6640123, commonly known
as 1302 Municipal Road, N.W., Roanoke, Virginia, for the purposes of operating
an automobile rental establishment. Hertz began leasing this parcel from the
City of Roanoke in 1968. The current lease agreement expired November 30,
2008. Hertz has expressed the desire to continue to lease this space
commencing December 1, 2008 and expiring June 30, 2010. A public hearing
is required to consider this lease term.
Recommended Action:
Authorize the scheduling and advertising of this matter for a public hearing on
December 15, 2008 at 7:00 P.M.
Respectfully submitted,
Darlene L. Bur
City Manager
Honorable Mayor and Members of City Council
December 1, 2008
Page 2
DLB/c1t
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
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
CM08-00183
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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
December 1, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, 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: Schedule a Public Hearing
To Renew Lease for Azar
Jewelry, Inc. in the City
Market Building
Background:
Elias Azar dba Azar Jewelry, Inc. has leased 418 square feet of space in the City
Market Building at 32 Market Square, Roanoke, Virginia for the past three years
to sell and repair jewelry. Mr. Azar has expressed a desire to renew his lease
and to also lease an additional 217 square feet of space immediately adjacent
to his current space. The lease term requested is for month to month not to
exceed twelve (12) months. A public hearing is required to consider this lease
term and the request to lease additional space.
Recommended Action:
Authorize the scheduling and advertising of this matter for a public hearing on
December 15, 2008, at 7:00 p.m.
Respectfully submitted,
Darlene L. Bur
City Manager
Honorable Mayor and Members of City Council
December 1, 2008
Page 2
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manag.er for Community Development
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
CM08-00 187 '
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
December 1, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, 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: Request Public Hearing to
Renew Lease for Tokyo
Express in the City Market
Building
Background:
Eddie Soo Park dba Tokyo Express has leased approximately 210 square feet of
space in the City Market Building at 32 Market Square, Roanoke, Virginia since
May 5, 2008 to operate a Japanese Restaurant. The current lease expires
December 31, 2008. Mr. Park has expressed the desire to renew the lease and
continue to operate the business. The lease term requested is for month to
month, not to exceed twelve (12) months, commencing january 1, 2009. A
public hearing is required to consider this lease.
Recommended Action:
Authorize the scheduling and advertising of this matter for a public hearing on
December 15,2008 at 7:00 p.m.
Respectfully submitted,
Darlene L. Bur
City Manager
Honorable Mayor and Members of City Council
December 1, 2008
Page 2
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
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
CM08-00189
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
December 1, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, 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: Request to Schedule a Public
Hearing for the Disposition of City-
Owned Property
Background:
The Roanoke Regional Airport Commission desires to acquire three portions of the
City-owned property at 2100 Countryside Drive, NW, identified by Official Tax No.
6472302, containing :t133.2382 acres. The property is needed to expand the
Runway Protection Zone for runway 6. The property to be conveyed by the City is
comprised of three parcels containing :t3.4372 acres, :t2.5097 acres, and
:t 11.1576 acres. The portions of the subject property directly abut, and will be
combined with, the property currently owned by the Airport Commission identified
by Official Tax No. 6480101. These three parcels are to be swapped for three
parcels owned by the Airport Commission bearing Official Tax Nos. 6421001,
6431101, and 6421113.
A public hearing is required prior to City Council authorizing the disposition of this
City-owned property.
Recommended Action:
Authorize the scheduling of a public hearing to consider the disposition of the
aforementioned property for December 15, 2008.
Darlene L. Burc
City Manager
Honorable Mayor and Members of City Council
December 1, 2008
Page 2
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
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
CM08-00191
-t
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
December 1, 2008 .
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, 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:
Request for a public
hearing. to consider snack
bar lease
The City of Roanoke desires to lease the space in the Municipal Building,
formerly occupied by the Department of the Blind and Vision Impaired,
consisting of 998.25 square feet of space, to Adam Williams, doing business as
Juice Do It, LLC., for an initial term of 6 months subject to one year renewal
options not to exceed five years. The proposed rental amount will be $328.33
per month.
Pursuant to Sections 15.2-1800 and 15.2-1803 of the Code of Virginia, as
amended, a public hearing is required for Council to consider this matter.
Recommended Action:
Authorize the scheduling and advertising of this matter for a public hearing on
December 15, 2008 at 7:00 p.m.
Respectfully submitted,
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Kenneth Cronin, Director of General Services/Sustainability
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: cIerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
December 4, 2008
Darlene L.Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38293-120108 authorizing the lease
of 472 square feet of space located within City-owned property located in
the City Market Building, on a month to month basis, retroactive to
November 20, 2008, to Sharebike, Inc., for a term not to exceed 12 months.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 1, 2008, and is in
full force and effect upon its passage.
Sincerely,
~IY\.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community
Development
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
L:\CLERK\DATA\CKEWl\AGENDA CORRESPONDENCE\agenda c()rrespondence 08\Dec 08\Dec 12008
correspondence. doc
(}lG
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of December, 2008.
No. 38293-120108.
AN ORDINANCE authorizing the lease of472 square feet of space located within City-
owned property located in the City Market Building, on a month-to-month basis, retroactive to
November 20,2008, to Sharebike, Inc., for a term not to exceed twelve (12) months; and dispensing
with the second reading ofthis ordinance by title.
WHEREAS, a public hearing was held on December 1,2008, pursuant to SS15.2-1800(B)
and 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 proposed lease.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. . The City Manager and City Clerk are hereby authorized to execute and attest,
respectively, in a form approved by the City Attorney, an agreement with Sharebike, Inc., for the
lease of approximately 472 square feet of space located within City-owned property in the City
Market Building, for a bicycle rental business and to hold bicycle safety classes, on a month-to-
month basis, not to exceed twelve (12) months, retroactive to November 20, 2008, upon certain
terms and conditions, and as more particularly described in the City Manager's letter to this Council
dated December 1, 2008.
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:
~.,
, . ,
i....'.. ~
,~fe 'm. DIW
City Clerk.
L:\ATTORNEY\CASHARE\Market Building 2008\Measure Sharebike,LLC lease 12 I 08.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
December 1, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, 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: Renew Lease Agreement for
Sharebike, Inc. in City Market
Building
Background:
The City of Roanoke owns the City Market Building located at 32 Market
Square, Roanoke, Virginia 24011.
Sharebike, Inc. has leased 472 square feet of space located in the City Market
Building, to serve as its headquarters, for the past year. Sharebike is a not-
for profit venture. The shop operates as a bicycle rental business and repair
shop, offering bicycle safety classes, events, and biking information
including maps. The current lease expired November 19, 2008, and the
proposed lease agreement is on a month to month term not to exceed a
twelve (12) month period, retroactive to November 20, 2008. Because of the
non-profit nature of the Sharebike operation, there is no monthly rental fee.
However, the common area maintenance fee of $257.50 per month will be
assessed.
Recommended Action:
Authorize the City Manager to execute a lease agreement with Sharebike,
Inc., for approximately 472 square feet of space in the City Market Building,
Honorable Mayor and Members of City G6Lincil
December 1, 2008
Page 2
located at 32 Market Square, Roanoke, Virginia 24011, for a month to month
I . .
term, not to exceed twelve (12) months, retroactive to November 20, 2008.
Such lease shall be approved as to form by the City Attorney.
~
Darlene L. Bu cham
City Manager
DLB/c1t .
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
Brian K. Brown, Economic Development Administrator
Cassandra L. Turner, Economic Development Specialist
CM08-00185
LEASE
Between
THE CITY OF ROANOKE
And
Sharebike, Inc.
C; \OOCUME-l \CMJBl \LOCALS-l \TEMP\NOTESFFF692\08- 09 LEASE AGREEMENT. DOC
LEASE
INDEX
HEADING
PAGE
PREMISES
TERM
BASE RENT; ESCALATIONS
COMMON AREA MAINTENANCE
2
LANDLORD OBLIGATIONS
2
TENANT'S OBLIGATIONS
3
USE OF PREMISES
3
EXCLUSIVITY
4
ASSIGNMENT AND SUBLETTING
4
IMPROVEMENTS
4
SURRENDER OF PREMISES
4
INSPECTION
INSOLVENCY OR BANKRUPTCY. OF TENANT
4
4
TRANSFER OF LANDLORD'S INTEREST
5
ESTOPPEL CERTIFICATE
5
DAMAGE TO THE PREMISES
5
DEFAULT OF TENANT
CON DEM NATION
6
6
COVENANTS OF LANDLORD
6
NO PARTNERSHIP
7
BROKERS COMMISSION
7
NOTICES
7
HOLDING OVER
7
BENEFIT AND BURDEN
7
GENDER AND NUMBER
7
ENTIRE AGREEMENT
7
C:\DOCUME-l \CMJBl \lOCALS-l \ TEMP\NOTESFFF692\08-09 LEASE AGRHMENT.DOC
I
INVALIDITY OF PARTICULAR PROVISIONS
7
HAZARDOUS SUBSTANCES
7
INSURANCE
8
SECURITY DEPOSIT
9
INDEMNIFICATION
9
I
COMPLIANCE WITH LAWS AND REGULATIONS
10
FORUM SELECTION AND CHOICE OF LAW
I
10
FORCE MAJEURE
EQUAL EMPLOYMENT OPPORTUNITY
DRUG-FREE WORKPLACE
10
10
10
RULES AND REGULATIONS
11
SIGNAGE
11
GUARANTY
11
LIABILITY OF LANDLORD
11
TENANT IMPROVEMENTS
11
BUSINESS HOUR MODIFICATION
11
Exhibit A
Floor Plan
Exhibit B
Common Area Floor Plan
Exhibit C
Menu
Exhibit D
Rules and Regulations
Exhibit E
Sign Regulations
Exhibit F
Guaranty
I
I
I
I
I.
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II
LEASE
THIS LEASE is made this ____day of ____________________2008 by and between the.
CITY OF ROANOKE (hereinafter referred to as "Landlord"), and Sharebike, Inc.,
hereinafter referred to as "Tenant"),
WITNESSETH:
In consideration of the mutual agreements hereinafter set forth, the parties
hereto mutually agree as follows:
1. PREMISES Landlord hereby leases to Tenant and Tenant hereby leases
from Landlord, for the term and upon the conditions hereinafter provided, a
section of the building known as the Roanoke City Market Building (herein
referred to as the "Building") located at 32 Market Square, Stalls #112 & 129,
Roanoke, Virginia 24011, as is delineated on Exhibit "A" hereto, which is hereafter
referred to-as the "Premises." The Premises consists of approximately 472 square
feet of space.
2. TERM The term of this Lease shall commence on November 20,
2008, ("Commencement Date") and shall expire at 11 :59 o'clock p.m. on
November 30. 2008. Unless written notice is given by the City at least sixty (60)
days prior to the end of the initial term, or any renewal term, by the tenant, this
Lease shall automatically renew for another month. Each renewal term shall be
upon the same terms and conditions as the prior month, and upon the mutual
agreement of the parties. Provided that such renewal terms shall not exceed a
maximum of eleven (11) months.
3. BASE RENT: ESCALATIONS The base rent for each month of the term
shall be based on cost per square foot. Tenant shall pay as base rent for the
P f h h f h d h f II d I
remises. or eac mont 0 t e Lease accor ina to t e 0 owina sche u e:
Period Square Per Square Monthly Rent Annual Rent
Footage Foot Amou nt Amount
Amount
11/01/08 472 $0.00 $0.00 $0.00
to
11/30/08
If the Commencement Date is other than the first day of the month, the first
month of the Lease term shall be deemed to be extended to include such partial
month and the following month, so as to end on the last day ofthe month. In the
event the Commencement Date is other than the first day of a calendar month,
the Base Rent ("Rent") (as well as the Common Area Maintenance Fee provided
hereunder) for the portion of the then current calendar month shall be prorated
on the basis of a thirty (30) day month and shall be paid immediately upon the
commencement of the Term.
On the first anniversary of the Lease, and upon each successive anniversary
thereafter, the monthly rent forthe next twelve (12) months shall be increased by
three percent (3%) of the previous year's monthly rental.
Rent shall be paid monthly. The first monthly payment shall be made at the time
of execution of this Lease by the parties; the second and all subsequent monthly
payments shall be made on the first day of each and every calendar month during
the term. Any monthly payment of rent which is not received by landlord by the
end of the fifth (5th) day of the month shall be assessed a late charge in the
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'"
1
amount of five percent (5%) of such total monthly rent payment. All delinquent
rent, and other charges due under this Lease shall accrue interest at a rate equal
to the current prime rate, as ~stablished by the United States Government, plus
two percent (2%) per month or the maximum amount permitted by law, from the
due date of such payment and shall constitute additional rent payable by Tenant
under this Lease and shall be paid by Tenant to Landlord upon demand. Payment
shall not be deemed as received if Tenant's payment is not actually collected
(such as payment by insufficient funds check). Tenant shall pay rent to Landlord
at qty of Roanoke, 215 Church Ave, Roanoke, Virginia 24011, or to such other
party. or at such other address as Landlord may designate from time to time by
written notice to Tenant, without demand. Checks shall be made payable to
Treasurer, City of Roanoke.
4. COMMON AREA MAINTENANCE Tenant agrees to pay Landlord, as
additional rental, Tenant's proportionate share of the .costs ("Common Area-
Maintenance Fee") of maintaining, operating, repairing, replacing and insuring the
"Common Areas" defined herein. !
The Common Area Maintenance Fee for this lease will be a flat fee charge of Two
Hundred Fiftv Seven Dollars and Fiftv Cents ($257.50) per month. These fees
will increase by three (3%) percent upon each anniversary of this Lease.
The term "Common Area Maintenance Fee" includes all costs and expenses of
every kind and nature paid or incurred by Landlord in operating, managing,
equipping, policing, lighting, repairing, replacing items in the Building and
maintaining the Building. Such costs and expenses will include, but not be limited
to, the following:
(a) utilities (electric, gas, waste removal, water and sewer charges, storm water
charges; individual telephone service is speCifically excluded),
(b) insurance premiums for public liability and property damage for the
Building(excluding Tenant's Premises)
(c) maintenance costs of heating, ventilating and air conditioning,
(d) insect and rodent treatment,
(e) snow and ice removal,
(f) electrical and plumbing repairs in the Common Areas of the Building,
(g) management costs and repairs to the structure of Building which includes
roof and wall repairs, foundations, sprinkler systems, utility lines, sidewalks
and curbs,
(h) security camera systems,
(i) lighting,
Ul sanitary control, drainage, collection of rubbish and other refuse,
(k) costs to remedy and/or comply with governmental and/or environmental
and hazardous waste matters(excluding Tenant's Premises)
(I) repair and installation of equipment for energy saving or safety purposes,
(m) reserves for future maintenance and repair work (which Tenant hereby
authorize Landlord to use. as necessary),
(n) depreciation on equipment and machinery used in maintenance, costs of
personnel required to provide such services,
(0) All costs and expenses associated with Landlord's obligation to repair and
maintain and such other items of cost and expense which are relatable to
proper maintenance of the Building and its Common Areas.
The "Common Areas" are defined as all areas and spaces in the Building and
equipment in the Building, as further shown on the attached Exhibit B provided by
Landlord for common or joint use and benefit ofthe tenants of the Building, their
employees, agents, servants, customers and invitees. The Common Areas further
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2
include, without limitation, roofs, walls, vacant areas, food court, elevator(s),
restrooms, stairways, walkways, ramps, foundations, signs (excluding Tenant's
signage), security cameras, lighting fixtures and equipment, and the facilities
appurtenant to each of the aforesaid, and any other facilities maintained for the
benefit of the Building. Landlord shall have the right to modify the Common
Areas from time to time as deemed reasonable by Landlord.
5. LANDLORD'S OBLIGATIONS
. responsible for the following:
Landlord hereby agrees to provide and be
(a) make all structural and capital repairs and replacements to items in the
Building and tothe Common Areas, as defined above, and to maintain the
Building and its Common Areas. Structural and capital repairs and
replacements are defined as repairs or replacements which include but are
not limited to repairs or replacements to the roof, elevators, electrical
wiring, heating and air conditioning systems, toilets, water pipes, gas,
plumbing, other electrical fixtures and the exterior and interior walls.
Structural and capital repairs to Tenant's Premises are specifically excluded.
(b) pay forthe cost of Tenant's utilities (gas, electric, heating, water, telephone
service specifically excluded) and all other services identified through use
of funds from the Common Area Maintenance Fee described above.
(c) provide a key to Tenant upon execution of the Lease Agreement,
6. TENANT'S OBLIGATIONS Tenant, at its sole cost and expense, agrees
to provide and be responsible for the following, in addition to its other
responsibilities pursuant to this Lease.
(a) Tenant shall keep and maintain the Premise in good repair, condition and
appearance during the term ofthis Lease, ordinary wear and tear excepted,
and not use any part of the Premises orthe Common Areas of the Building
in a negligent manner.
(b) Tenant shall take good care of the Premises, its fixtures, and appurtenances
and suffer no waste or injury thereto, and shall pay for all repairs and
replacements to the Premises, necessitated by Tenant's actions, whether
capital, structural as defined above, or otherwise.
(c) Tenant shall surrender the Premises at the end of the term in as good
condition as Tenant obtained the same at the commencement of the term,
reasonable wear and tear excepted.
(d) Tenant shall operate its business as described in Section 7 of this Lease.
(e) Tenant shall pay rent timely as provided in Section 3 of this Lease.
(f) Tenant shall obtain the insurance as required in Section 29 of this Lease.
7. USE OF PREMISES The Premises shall be used forthe purpose of
conducting therein the sale or rental of bicycles and education classes related
to owning or operating bicycles. Tenant covenants and agrees that at all times
during the term hereof, Tenant will actively conduct such a business in the
Premises, keep the Premises amply stocked with good and fresh merchandise and
keep the Premises open for business during the customary business hours of
10:00 a.m. to 6:00 p.m. (not less than eight (8) hours per day, Monday through
Saturday) of the Building as established or as may be amended by Landlord and
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3
(ij) the Premises shall be used only for such purpose. The Building will be closed
for the following Holidays or as observed: New Year's Day, Memorial Day, Labor
Day, Thanksgiving Day and Christmas Day. Nothing herein shall require the City
,of Roanoke to open the Building outside of the above designated hours. The
Premises shall not be used for any other purpose without the written permission
of Landlord. Tenant shall not open the Building to the public outside of the
customary business hours or on the Holidays stated above.
8.
EXCLUSIVITY
Intentionally Omitted.
9. ASSIGNMENT AND SUBLETTING Tenant shall not voluntarily or
involuntarily assign this Lease in whole or in part, nor sublet all or any part ofthe
Premises without following the procedures detailed hereinand obtaining the prior
written consent of Landlord, in Landlord's sole discretion. The consent by
Landlord to any assignment or subletting shall not constitute a waiver of the
necessity for such consent in any subsequent assignment or subletting.
In the event that Tenant receives a bona fide written offer from a third party for
the sublease or assignment of the Premises, Tenant shall forthwith notify
Landlord in writing, attaching a copy of such offer, of Tenant's desire to sublet or
assign this Lease upon the terms of such offer, whereupon Landlord shall have
thirty (30) days to accept or rej,ect such assignment or sublease.
10. IMPROVEMENTS Landlord must approve all alterations,
redecorations, or improvements in and to the Premises in writing beforehand.
Such alterations, redecorations, additions, or improvements shall conform to all
applicable Building Codes ofthe City of Roanoke, federal and state laws, rules and
regulations.
11. SURRENDER OF PREMISES At the expiration of the tenancy hereby
created, Tenant shall peaceably surrender the Premises, including all alterations,
additions, improvements, decorations and repairs made thereto (but excluding all
trade fixtures, equipment, signs and other personal property installed by Tenant,
provided that in no event shall Tenant remove any of the following materials or
equipment without Landlord's prior written consent: any free standing signs, any
power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes,
blinds or other window coverings; carpets or other floor coverings; or other
similar building operating equipment and decorations), broom cleaned and in
good condition and repair, reasonable wear and tear excepted. Tenant shall
) remove all its property not required to be surrendered to Landlord before
surrendering the Premises and shall repair any damage to the Premises caused
thereby. Any personal property remaining in the Premises at the expiration ofthe
lease shall b~ deemed abandoned by Tenant, and landlord may claim the same
and shall in no circumstance have any liability to Tenant therefore. If physical
alterations were done by Tenant, Landlord, at its option, may require Tenant to
return Premises to its original condition (condition at occupancy) when Tenant
vacates Premises. Upon termination, Tenant shall also surrender all keys for the
Premises to Landlord and, if applicable, inform Landlord of any combinations of
locks or safes in the Premises. If the Premises are not surrendered at the end of
the term as herein above set out, Tenant shall indemnify Landlord against loss or
liability resulting from delay by Tenant in so surrendering the Premises, including
without limitation, claims made by the succeeding Tenant founded on such delay.
Tenant's obligation to observe or perform this covenant shall survive the
expiration or other termination of the term of this Lease.
12. INSPECTION Tenant will permit Landlord, or its representative, to enter
the Premises, upon reasonable notice to Tenant, without charge thereof to
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4
Landlord and without diminution of the rent payable by Tenant, to examine,
inspect and protect the same, and to make such alterations and/or repairs as in
the judgment of Landlord may be deemed necessary, or to exhibit the same to
prospective Tenants during the last one hundred twenty (120) days ofthe term of
this Lease.
13. INSOLVENCY OR BANKRUPTCY OF TENANT In the event Tenant makes
an assignment for the benefit of creditors, or a receiver of Tenant's assets is
appointed, or Tenant files a voluntary petition in any bankruptcy or insolvency
proceeding, or an involuntary petition in any bankruptcy or insolvency proceeding
is filed against Tenant and the same is not discharged within sixty (60) days, or
Tenant is adjudicated as bankrupt, Landlord shall have the option ofterminating
this Lease. Upon such written notice being given by Landlord to Tenant, the term
ofthis Lease shall, at the option of Landlord, end and Landlord shall be entitled to
immediate possession of the Premises and to recover damages from Tenant in
accordance with the provisions of Article 17 hereof.
14. TRANSFER OF LANDLORD'S INTEREST Landlord shall have the right to
convey, transfer or assign, by sale or otherwise, all or any part of its ownership
interest in the property, including the Premises, at any time and from time to time
and to any person, subject to the terms and conditions of this Lease. All
covenants and obligations of Landlord under this Lease shall cease upon the
execution of such conveyance, transfer or assignment, but such covenants and
obligations shall run with the land and shall be binding upon the subsequent
owner(s) thereof or of this Lease during the periods of their ownership thereof.
15. ESTOPPEL CERTIFICATE Tenant agrees, at any time, and from time to
time, upon not less than ten (10) days' prior notice by Landlord, to execute,
acknowledge and deliver to Landlord, a statement in writing addressed to
Landlord or other party designated by Landlord certifying that this Lease is in full
force and effect (or, ifthere have been modifications, that the same is in full force
and effect as modified and stating the modifications), stating the actual
commencement and expiration dates ofthe Lease, stating the dates towhich rent,
and other charges, if any, have been paid, that the Premises have been completed
on or before the date of such certificate and that all conditions precedent to the
Lease taking effect have been carried out, that Tenant has accepted possession,
that the Lease term has commenced, Tenant is occupying the Premises and is
open for business, and stating whether or not there exists any default by either
party contained in this Lease, and if so specifying each such default of which the
signer may have knowledge and the claims or offsets, if any, claimed by Tenant; it
being intended that any such statement delivered pursuant hereto may be relied
upon by Landlord or a purchaser of Landlord's interest and by any mortgagee or
prospective mortgage of any mortgage affecting the Premises. If Tenant does not
deliver such statement to Landlord within such ten (10) day period, Landlord may
conclusively presume and rely upon the following facts: (i) that the terms and
provisions of this Lease have not been changed except as othenivise represented
by Landlord; (ii) that this Lease has not been canceled or terminated except as
otherwise represented by Landlord; (iii) that not more than one (1) month's
minimum rent or other charges have been paid rn advance; and (iv) that Landlord
is not in default under the Lease; and (v) no disputes exist. In such event Tenant
shall be estopped from denying the truth of such facts. Tenant shall also, on ten
(10) days' written notice, provide an agreement in favor of and in the form
customarily used by such encumbrance holder, by the terms of which Tenant will
agree to give prompt written notice to any such encumbrance holder in the event
of any casualty damage to the Premises or in the event of any default on the part
of Landlord under this Lease, and will agree to allow such encumbrance holder a
reasonable length oftime after notice to cure or cause the curing of such default
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5
before exerCIsing Tenant's right of self-help under this Lease, if any, or
terminating or declaring a default under this Lease.
16. DAMAGE TO THE PREMISES If the Building or the Premises shall be
partially damaged by fire or other cause without the fault or neglect of Tenant, its
agents, employees or invitees, Landlord shall diligently and as soon as practicable
after such damage occurs repair such damage at the expense of Landlord,
provided, however, that if the Building is damaged by fire or other cause to such
extent that the damage cannot be fully repaired within ninety (90) days from the
date of such damage, Landlord or Tenant, upon written notice to the other, may
terminate this Lease, in which event the rent shall be apportioned and paid to the
date of such damage. During the period that Tenant is deprived ofthe use ofthe
damaged portion of Premises, Tenant shall be required to pay rental covering only
that part of the Premises that Tenant is able to occupy, and Rent for such
occupied space shall be the total rent divided by the square foot area of the
Premises and multiplied by the square foot area that the Tenant is able to occupy.
17. DEFAULT OF TENANT If Tenant shall fail to pay any monthly installment of
Rent and/oJ; as required by this Lease, or shall violate or fail to perform any ofthe
other conditions, covenants or agreement on its part contained in this Lease and
such failure to pay Rent or such violation or failure shall continue for a period of
ten (10) days after the due date of such payment or after written notice of any
such violation or failure to perform by Tenant, then and in any of such events this
Lease shall, at the option of Landlord, cease and terminate upon at least ten (10)
days' prior written notice of such election to Tenant by Landlord, and if such
failure to pay rent or such violation or failure shall continue to the date set forth
in .such notice of termination, then this Lease shall cease and terminate without
further notice to quit or of Landlord's intention to re-enter, the same being hereby
waived, and Landlord may proceed to recover possession under and by virtue of
the provisions of the laws of Virginia, or by such other proceedings, including
re-entry and possession, as may be applicable. If Landlord elects to terminate this
Lease, everything herein contained on the part of Landlord to be done and
performed shall cease without prejudice, however, to the right of Landlord to
recover from the Tenant all rental accrued up to the time of termination or
recovery of possession by Landlord, whichever is later. Should this Lease be
terminated before the expiration of the term of this Lease by reason of Tenant's
default as hereinabove provided, or if Tenant shall abandon or vacate the
Premises before the expiration or termination of the term ofthis Lease, Landlord
shall use its best efforts to relet the Premises on the best rental terms reasonably
available under the circumstances and ifthe full rental hereinabove provided shall
not be realized by Landlord, Tenant shall be liable for any deficiency in rent. Any
damage or loss of rental sustained by Landlord may be recovered by Landlord, at
Landlord's option, at the time ofthe reletting, or in separate actions from time to
time, as such damage shall have been made more easily ascertainable by
successive relettings, or at Landlord's option, may be deferred until the expiration
of the term of this Lease in which event the cause of action shall not be deemed
to have accrued until the date of expiration of such term. The provisions
contained in this paragraph shall not prohibit any claim Landlord may have
against Tenant for anticipatory breach of the unexpired term of this Lease.
18. CONDEMNATION If any part of the Building or a substantial part of
the Premises shall be taken or condemned by any governmental authority for any
public or quasi-public use or purpose (including sale under threat of such a
taking) then the term of this Lease shall cease and terminate as of the date when
title vests in such governmental authority, and the annual rental shall be abated
on the date when such title vests in such governmental authority. If.less than a
substantial part of the common area of the Premises is taken or condemned by
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6
any governmental authority for any publiC or quasi-public use or purpose, the rent
shall be equitably adjusted on the date when title vests in such governmental
authority and the Lease shall otherwise continue in full force and effect. Tenant
shall have no claim against Landlord (or otherwise) for any portion ofthe amount
that may be awarded as damages as a result of any governmental taking or
condemnation (or sale under threat of such taking or condemnation) or for the
value of any unexpired term of the Lease. For purposes of this Article 18, a
substantial part of the Premises shall be considered to have been taken if more
than fifty percent (50%) of the Premises are unusable by Tenant.
19. COVENANTS OF LANDLORD Landlord covenants that it has the right to
make this Lease for the term aforesaid, and that if Tenant shall pay the Rent and
perform all of the covenants, terms and conditions of this Lease to be performed
by Tenant, Tenant shall, during the term hereby created, freely, peaceably and
quietly occupy and enjoy the full possession ofthe Premises without molestation
or hindrance by Landlord or any party claiming through or under Landlord.
20. NO PARTNERSHIP nothing contained in this Lease shall be deemed or
construed to create a partnership or joint venture of or between the Landlord and
Tenant, or to create any other relationship between the parties hereto other than
that of Landlord and Tenant.
21. BROKER'S COMMISSION Tenant represents and warrants that it has
incurred no claims or finder's fees in connection with the execution ofthis Lease.
22. NOTICES All notices or other communications hereunder shall be in
writing and shall be deemed duly given if delivered in person or by certified or
registered mail, return receipt requested, first-class postage prepaid, (i) if to
landlord at City of Roanoke, 117 Church Avenue, Roanoke, Virginia 24011,
Attention: Director of Economic, and (ii) if to Tenant, at 32 Market Sauare. SE,
unless notice of a change of address is given pursuant to the provisions of this
Article.
23. HOLDING OVER In the event that Tenant shall not immediately surrender
the Premises on the date of expiration of the term hereof, Lease shall
automatically renew itself month to month, attwice the Rent rate forthe last year
of the Lease plus all other charges accruing under this Lease, and subject to all
covenants, provisions and conditions herein contained. Landlord and tenant.shall
both have the right to terminate the holdover tenancy upon thirty (30) days
written notice. Tenant shall not interpose any counterclaim(s) in a summary
proceeding or other action based on holdover.
24. BENEFIT AND BURDEN The provisions ofthis Lease shall be binding upon,
and shall inure to the benefit of, the parties hereto and each of their respective
representatives, successors and assigns.
25. GENDER AND NUMBER Feminine or neuter pronouns shall be substituted
for those of the masculine form, and the plural shall be substituted for the
singular number, in any place or places herein in which the context may require
such substitution.
26. ENTIRE AGREEMENT This Lease, together with any exhibits attached
hereto, contains and embodies the entire agreement of the parties hereto, and
representations, inducements or agreements, oral or otherwise, between the
parties not contained in this Lease and exhibits, shall not be of any force or effect.
This Lease may not be modified, changed or terminated in whole orin part in any
manner other than by an agreement in writing duly signed by both parties hereto.
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27. INVALIDITY OF PARTICULAR PROVISIONS If any provision of this Lease or
the application thereof to any person or circumstances shall to any extent be
invalid or unenforceable, the remainder of this Lease, or the application of such
provisions to persons or circumstances other than those as to which it is invalid
or unenforceable, shall not be affected thereby, and each provision of this Lease
shall be valid and be enforced tothe fullest extent permitted by law.
28. HAZARDOUS SUBSTANCES Tenant covenants and warrants that Tenant,
and Tenant's use of Premises and any alterations thereto will at all times comply
with and conform to all laws, statues, ordinances, rules and regulations of any
governmental, quasi-governmental or regulatory authorities ("Laws") which relate
to the transportation, storage, placement handling, treatment, discharge,
generation, removal production or disposal (collectively 'Treatment") of any waste
petroleum product, waste products, radioactive waste, Polychlorinated Biphenyls
(PCB), asbestos, lead-based paint, or other hazardous materials of any kind, and
any substance which is regulated by any law, statute, ordinance, rule or regulation
(collectively "Waste"). Tenant further covenants and warrants that it will not
engage in or permit any person or entity to engage in any Treatment of any Waste
on or which affects the Premises.
Immediately upon receipt of any Notice (as hereinafter defined) from any person
or entity, Tenant shall deliver to Landlord a true, correct and complete copy of any
written Notice. "Notice" shall mean any note, notice or report of any suit,
proceedings, i~vestigation, order, consent order, injunction, writ, award or action
related to or affecting or indicating the Treatment of any Waste in or affecting the
Premises.
Tenant hereby agrees it will indemnify, defend, save and hold harmless Landlord
and Landlord's officers, directors, shareholders, employees, agents, partners, and
the respective heirs, successors and assigns (collectively "Indemnified Parties")
against and from, and to reimburse the Indemnified Parties with respect to, any
and all damages, claims, liabilities, loss, costs and expense (including, without
limitation all attorney's fees and expenses, court costs, administrative costs and
costs of appeals), incurred by or asserted against the Indemnified Parties by
reason of or arising out of: (a) the breach of any representation or undertaking of
Tenant under this section or (b) arising out of the Treatment of any waste by
Tenant or any licensee, concessionaire, manager or other party occupying or
using the Premises.
Landlord is given the right, but not the obligation, to inspect and monitor the
Premises and Tenant's use of the Premises, including the right to review
paperwork associated with Treatment activities in order to confirm Tenant's
compliance with the terms of this Section. Landlord may require that Tenant
deliver to Landlord concurrent with Tenant's vacating the Premises upon the
expiration of this Lease, or any earlier vacation of the Premises by Tenant, at
Tenant's expense, a certified statement by licensed engineers satisfactory to the
Landlord, in form and substance satisfactory to Landlord, stating that Tenant, and
any alterations thereto and Tenant's use ofthe Premises complied and conformed
to all Laws relating to the Treatment of any Waste in or affecting the Premises. .
Tenant agrees to deliver upon request from Landlord estoppel certificates to
Landlord expressly stipulating whether Tenant is engaged in or has engaged in
the Treatment of any Waste in or affecting the Premises, and whether Tenant has
caused any spill, contamination, discharge, leakage, release or escape of.any
Waste in or affecting the Premises, whether sudden or gradual, accidental or
anticipated, or any other nature at or affecting the Premises and whether, to the
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8
best ofthe Tenant's knowledge, such an occurrence has otherwise occurred at or
affecting the Premises.
29. INSURANCE Prior to the delivery of possession of the Premises
to Tenant, Tenant shall provide Landlord evidence satisfactory to Landlord (i) that
fire and casualty and workers' compensation policies in amount and in form and
content satisfactory to Landlord have been issued by a company or companies
satisfactory to Landlord and will be maintained throughout the course of Ten ant's
work at Tenant's cost and expense and (ii) that Tenant has complied with the
comprehensive liability insurance requirements set forth in the following
paragraph.
Tenant will, at all times commencing on the date of delivery of possession ofthe
Premises to Tenant, at its own cost and expense, carry with a company or
companies, satisfactory to Landlord, comprehensive general liability insurance
including public liability and property damage, in a form satisfactory to Landlord,
on the Premises, with the combined single liability limits of not less than One
Million Dollars ($1,000,000.00) per occurrence, which insurance shall be written
or endorsed so as to protect Landlord, its officers, agents and employees as
additional insureds. The Tenant agrees that the above stated limits and
coverages are minimum limits and coverages, and that Tenant shall provide such
additional insurance as set forth above, in such amounts and against such risk as
may be required in the Landlord's sole but reasonable judgment, to equal the
amounts and types of coverages carried by prudent owners and operators of
properties similar to the Building. Tenant shall increase such limits at its
discretion or upon reasonable request of Landlord but not more often than once
every year and such increases shall not be in excess of generally accepted
standards in the industry. Tenant covenants that certificates of all of the
insurance policies required under this Lease, and their renewal or replacement,
shall be delivered to Landlord promptly without demand upon the commencement
of the term of this Lease and upon each renewal of the insurance. Such policy or
policies shall also provide that it shall not be cancelled nor shall there by any
change in the scope or amount of coverage of the policy without thirty (30) days
prior written notice to Landlord. If same is not provided with ten (10) days after
demand, Landlord is authorized to secure such policy from such companies as it
deems appropriate and collect from Tenant in such a manner as it deems
appropriate the cost of the premium.
30. SECURITY DEPOSIT
(a) AMOUNT OF DEPOSIT Tenant will deposit a sum of $500.00 with the
Landlord before the commencement of this Lease. Such deposit shall be
held by Landlord, without liability for interest, as security for the faithful
performance by Tenant'of all ofthe terms, covenants and conditions ofthe
Lease by Tenant to be kept and performed during the term hereof. If at any
time during the term of this Lease any of the rent herein reserved shall be
overdue and unpaid, or any other sum payable by Tenant to Landlord
hereunder shall be overdue and unpaid, the Landlord may, at the option of
Landlord, appropriate and apply any portion of such deposit to the payment
of any such overdue rent or other sum.
(b) USE AND RETURN OF DEPOSIT In the event of the failure of Ten ant to
keep and perform any ofthe terms, covenants, and conditions ofthis Lease
to be kept and performed by Tenant, then the Landlord at its option may
appropriate and apply the entire such deposit, or so much thereof as may
be necessary, to compensate the Landlord for loss of damage sustaine'd or
suffered py Landlord due to such breach on the part of Tenant. Should the
entire deposit, or any portion thereof, be appropriated and applied by
C\DDCUME-l \CMJBl \LDCALS-l \TEMP\NOTESFFF692\OB-09 LEASE AGREEMENT.DOC .
9
Landlord forthe payment of overdue rent or other sums due and payable to
Landlord by Tenant hereunder, then Tenant shall, upon the written demand
of Landlord, forthwith remit to Landlord a sufficient amount in cash to
restore such security to the original sum deposited, and Tenant's failure to
do so within five (5) days after receipt of such demand shall constitute a
breach of this Lease. Should Tenant comply with all of such terms,
covenants and conditions and promptly pay the entire rental herein
provided for as it falls due, and all other sums payable by Tenant to
Landlord hereunder, such deposit shall be returned in full to Tenant at the
end of the Lease Term or upon the earlier termination of this Lease.
31. INDEMNIFICATION Tenant agrees to save and to protect, indemnify and
hold Landlord harmless from and against and to reimburse Landlord from any and
all liabilities, damages, costs, expenses, including, without limitation, reasonable
attorneys' fees, causes of action, suits, claims, demands, or judgments of any
nature whatsoever arising from injury to or death of persons or damages to
property resulting from Tenant's use of the Premises caused by any act or
omission, whether intentional or otherwise, of Ten ant or its employees, servants,
contractors or agents.
,
32. COMPLIANCE WITH LAWS AND REGULATIONS Tenant agrees to and will
comply. with all applicable federal, state and local laws, ordinances and
regulations. Tenant acknowledges and agrees that it will dispose of trash and
grease in the containers designated by the Landlord for such disposal and not
dispose of such substances in a manner that would violate applicable federal,
state and local laws, ordinances or regulations.
33. FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this
Lease, Tenant submits itself to a court of competent jurisdiction in the City of
Roanoke, Virginia, and further agrees that this Lease is controlled by the laws of
the Commonwealth of Virginia and that all claims, disputes, and other matters
shall only be decided by such court according to the laws of the Commonwealth
of Virginia.
34. FORCE MAIEURE In the event that either party hereto shall be delayed or
hindered in or prevented from the performance of any act required hereunder by
reason of strikes, lockouts, labor troubles, inability to procure materials, failure of
power, restrictive governmental laws or regulations, riots, insurrection, war, or
other reason of a like nature not the fault of the party delayed in performing the
work or doing acts required under the terms of this Lease, then the time allowed
for performance for such act shall be extended by a period equivalent to the
period of such delay. The provisions of this Section shall not operate to excuse
Tenant from the prompt payment of rent, Common Ar!i!a Maintenance Fee or any
other payments required by the terms of this Lease.
35. EQUAL EMPLOYMENT OPPORTUNITY: During the performance of this
Agreement, Tenant agrees as follows:
(a) Tenant will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age,
disability, or any other basis prohibited by state law relating to
discrimination in employment, except where there is a bona fide
occupational qualification reasonably necessary to the normal operation of
its business. Tenant agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
C:\DOCUME-l \CMjB 1 \LOCALS-l \ TEMP\NOTESFFF692\08-09 LEASE AGREEMENT. DOC
'10
(b) Tenant, in all solicitations or advertisements for employees placed by or on
behalf of Ten ant, will state that Tenant is an equal opportunity employer.
(c) Tenant will include the provisions ofthe foregoing subsections (a) and (b) in
every contract or purchase order of over ten thousand dollars and no cents
($10,000.00) so that the provisions will be binding upon each contractor or
vendor.
36. DRUG-FREE WORKPLACE:
(a) During the performance of this Agreement, Tenant agrees to (i) provide a
drug-free workplace for its employees; (ij) post in conspicuous places,
available to employees and applicants for employment, a statement
notifying employees that the unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana is
prohibited in the workplace and specifying the actions that will be taken
against employees for violations of such prohibition; (iii) state in all
solicitations or advertisements for employees placed by or on behalf of
Tenant that Tenant maintains a drug-free workplace; and (iv) include the
provisions of the foregoing clauses in every subcontract or purchase order
of over $10,000, so that the provisions will be binding upon each
subcontractor or vendor.
(b) Forthe purposes ofthis section, "drug-free workplace" means a site for the
performance of work done in con nection with a specific contract awarded to
a contract awarded to a contractor, the employees of whom are prohibited
from engaging in the unlawful manufacture, sale, distribution, dispensation,
possession or use of any controlled substance or marijuana during the
performance of the Agreement.
37. RULES AND REGULATIONS Tenant agrees to comply and adhere to
Landlord's rules and regulations concerning the Building as stated in the attached
Exhibit "D" attached hereto and made part of this Lease
38. SIGNAGE Tenant agrees to comply and adhere to Landlord's regulations
concerning signage as stated in the attached Exhibit ''E'' attached hereto and made
part of this Lease.
39. GUARANTY By virtue of entering into this Lease, Tenant agrees to
have executed the Guaranty contained in Exhibit "F" attached hereto and made
part of this Lease. Such Guarantor(s) shall first be approved by Landlord" in
writing. Tenant agrees to provide information concerning Guarantor(s) to Landlord
upon request.
40. LIABILITY OF LANDLORD As to this Lease Agreement, Landlord shall
not be liable to Tenant, its employees, agents, business invitees, licensees,
customers, clients, family members, guests or trespassers from any damage,
compensation or claim arising during the term of this Lease Agreement, from the
necessity of repairing any portion of the Building, the interruption in the use of
the Premises, accident or damage resulting from the use or operation (Landlord,
Tenant, or any other person or persons whatsoever) of elevators, or heating,
cooling, electrical or plumbing equipment or apparatus, or the termination ofthis
Lease by reason' of the destruction of the Premises, or from any fire, robbery,
theft, and/or any other casualty, or from any leakage in any part or portion ofthe
Premises or the Building, or from water, rain or snow that may leak into, or flow
from, any part ofthe Premises or the Building, or from drains, pipes or plumbing
work in the Building, or from any other cause whatsoever. Any goods, property or
personal effects, stored or placed by Tenant in or aboutthe Premises or Building,
C:\DOCUME-l \CMJB 1 \LOCALS-l \TEMP\NOTESFFF692\OB-09 LEASE AGREEMENT.DOC
11
shall be at the risk of Tenant, and landlord shall not in any manner be held
responsible therefore. The employees of landlord are prohibited from receiving
any packages or other articles delivered to the Building for Tenant, and if any
such employee receives any such package or articles, such employee shall be the
agent of the Tenant and not of landlord.
Intentionallv Omitted
C\DOCUME-l \CMJB l\LOCALS-l \ TEMP\NOTESFFF692\08.09 LEASE AGREEMENT. DOC
12
, LAN DLORD:
CITY OF ROANOKE
ATTEST:
Stephanie M. Moon, City Clerk
By: (SEAl)'
Print Name: Darlene Burcham
Title: City Manager
TENANT:
1-
By:
Print Name:
Title:
(SEAl)
SS#: . ______________________________
Approved as to Form:
Assistant City Attorney
C:\DOCUME-l \CMJBl \LOCALS-l \TEMP\NOTESFFF692\OB-09 LEASE AGREEMENT. DOC
13
EXHIBIT A
FLOOR PLAN
C:\DOCUME-l \CMJB1\LOCALS-l \ TEMP\NOTESFFF692\08.09 LEASE AGREEMENT.DOC
14
EXHIBIT B
COMMON AREAS FLOOR PLAN
Attach here
C:\OOCUME-l\CMJBl \LOCALS-l \TEMP\NOTESFFF692\OB.09 LEASE AGREEMENT.DOC
15
EXHIBIT C
MENU
Attach here if Food Court Tenant
Intentionally Omitted
/\.
C:\DOCUME-l \CMlBl \LOCALS-l \ TEMP\NOTESFFF692\08.09 LEASE AGREEMENT.DOC
16
EXHIBIT D
RULES AND REGULATIONS
1. All trash must be kept in a covered container, or if requested by
Landlord, in a Dumpster or similar container furnished and serviced at
Tenant's expense.
2. Tenant shall keep lights on in show windows, leased food court space
and lights on under marquee, if any, from 10:00 a.m. until 6:00 p.m.
3. Tenant agrees to handle all deliveries and refuse through the Salem
Avenue entrance (if one) of the Premises.
4. No sign shall be permanently affixed to the plate glass of any window
without prior written consent of Landlord.
5. No solicitation material shall be displayed inside the building or affixed
to the exterior of the building.
6. Tenant shall keep Premise's, windows and window frames clean (inside
and out) at all times and wash them weekly.
7. Tenant shall keep Premises' floors free of trash, chewing gum and other
debris, and shall scrub and wax all tile or plastic flooring at least weekly.
8. Tenant is responsible for the replacement of light bulbs in its space
9. Tenant is responsible for the replacement of air-filters and the monthly
maintenance of their exhaust fans in its Premises by a licensed
contractor on a basis predetermined by the Landlord.
10. Tenant shall be responsible for breaking down and having all cardboard
boxes ready for pick up.
11. (Applies only to Food Court Vendors) Providing the availability of space
for the purpose of storage, Landlord will allocate equally among all food
vendors a set amount of space for the storage of a freezer or a
refrigerator, food items and paper products. Items must be stored in
accordance with Health an.d Fire codes. No restaurant equipment
(unused or in disrepair) is to be stored in the area under any
circumstances. Any prohibited items stored in this area will be removed
at Tenant's expense. Tenant's not maintaining their own storage space
per Health and Fire code requirements will be assessed a $100.00 fee
per occurrence. If a Tenant's space is in violation more than three times
in a given year, Landlord will rescind Tenant's option to use available
space.
C\DDCUME-l \CMjBl \LDCALS-l \ TEMp\NOTESFff692\08-09 LEASE AGREEMENT.DOC
17
EXHIBIT E
SIGN REGULATION
No sign, advertisement or notice shall be inscribed, painted, affixed or
displayed on walls, windows, or any part of the outside or the inside of the
Building including the directories, in place, number, size, color and style,
unless approved by Landlord. If Tenant nevertheless exhibits such sign,
advertisement or notice, Landlord shall have the right to remove the same and
Tenant shall be liable for any and all expenses incurred by Landlord by such
removal. Tenant further agrees to maintain such sign, canopy, decoration,
lettering, advertising matter or' other thing as may be approved in good
condition and repair at all times. landlord shall have the right to prohibit any
advertisement of Ten ant which in its opinion tends to impair the reputation of
the Building or its desirability as a high-quality festival marketplace for retail
stores or food related businesses, other institutions of like nature, and, upon
written notice from Landlord, Tenant shall immediately refrain from and
discontinue any such advertisement.
\
C\DOCUME-l\CMJBl \LOCALS- 1 \ TEMP\NOTESfff692\08-09 LEASE AGREEMENTDOC
1'8
EXHIBIT F
GUARANTY
PERSONAL GUARANTEE
Intentionally Omitted
C\DOCUME-l \CMJBl \LOCALS-l \TEMP\NOTESfff692\OB-09 LEASE AGREEMENT-DOC
19
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
OFFICE OF ECONOMIC DEVELOPMENT
117 CHRUCH AVE
ROANOKE VA 24011
REFERENCE: 80084300
11187877
NPH-Sharebike, Inc.
\ - NOnCE OF PUBLIC
I' . HEARING: .
'The City of Roanoke
'proposes to lease
: approximately 472 square
I feet of City-owned property,
located in the Roanoke City
I Market Building, located at.
132 Market Square, to
Sharebike Inc., to be used as
I a bicycle rental business, on
: a month-to-month basis, not
I to exceed one year. -
i Pursuant to the
irequirements 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 December 1, 2008,
commencing at 2:00 p.m., in
the Council Chambers, 4th
I Floor; Noel C. Taylor
I Munlcip~IBuilding, 215
Church Avenue, S.W.,
Roanoke, Virginia, 24011.
Further information is
. - -~.'.~"'-
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virgifia. Sworn and subscribed before me this
'- _,-,3!'~_':"'day of Dec 2008. wi tness my hand and
oTficial seal.
_=l_~~~O~~ ~''Notary Public
My commission ex~re~~~~___LC~~L~l_.
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
said matter.
If you are a person witli a
disabilit.y who needs
accommodations for this
hearing, please contact the
City Clerk's Office at (540)
853-2541, before 12:00
noon on November 27,
2008.
.GIVEN under my hand this
17th day of November;
2008.
TOTAL COST':
FILED ON:
\\111'"",
\\\ v A I ... '"
,,\~,'O, '-"1Y: "",
", .~~ ......'.. 4? ......
~ ~ ....NOTARy.... "'1~-::'
: "'V," PUBLIC ", -:.
; *; REG. #7090930 ': * ~
.... ','~ MY COMMISSION: =
': t;;. ". Jlf~S I .: ~ :
"~-' . -I .~..
~-~.....'. . .. :-,....
...... "'\?'/> ", ..' ,<<'2 .....
i"" vM ....... ~"........
',,}tl€AlH\ fJ\,\"\'
,.1 ~ ; ; :, \_.
-------------~------------------------------------+------------------------
Stephanie M. Moon
City Clerk.
PUBLISHED ON:
11/21
'--
(11187877)
184.08
11/21/08
Authorized 0. ~
Signature'_~~7-
Billing Services Representative
:,,'1'
. ~. " .-
,,' .... ; l' .'.J
DIu
NOTICE OF PUBLIC HEARING
",,--
The City of Roanoke proposes to lease approximately 472 square feet of City-owned property
located in the Roanoke City Market Building, located at 32 Market Square, to Sharebike Inc., to be
used as a bicycle rental business, on a month-to-month basis, not to exceed one year.
Pursuant to the requirements of SS15.2-1800 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 December 1, 2008, commencing at 2:00
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 said 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 November 27,2008.
GIVEN under my hand this 17tltlay of November
,2008.
Stephanie M. Moon
City Clerk.
K:\Measures\PH notice Sharebike Lease.doc
,
!
i
;
,
l.
.1
\
Notice to Publisher:
Publish once in the Roanoke Times on Friday, November 21,2008.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
K:\Notices\2008\December\N -Sharebike Lease.doc
Send bill to:
Brian Brown
Economic Development Administrator
117 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2715
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
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. TYREE
Assistant Deputy City Clerk
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38295-120108 appropriating
funding from the Virginia Department of Transportation for the Roanoke
River Greenway project, amending and reordaining certain sections of the
2008-2009 Capital Projects Fund Appropriations. '
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 1, 2008, and is !n
full force and effect upon its passage. .
Si ncerely,
~'M.~
Stephanie M. Moon, CMC
City Clerk
Attachment
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community
Development.
Steven C. Buschor, Director, Parks and Recreation
Donnie Underwood, Parks and Greenways Planner
Sherman M. Stovall, Director, Management and Budget
L:\CLERK\DATA\CKEWl \AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 12008
correspondence. doc
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of December, 2008.
No. 38295-120108.
AN ORDINANCE to appropriate funding from the Virginia Department of
Transportation for the Roanoke River Greenway project, amending and reordaining
certain sections of the 2008-2009 Capital Projects 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 2008-2009 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from State Grant Funds
Revenues
Roanoke River Greenway TEA21
08-620-9200-9007
$ 294,000
294,000
08-620-9200-9200
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
, {. -Ii;.
~~~~ - .,/i..._ _ )
) 'r\'{l ,\.. ~\J't\../
. Cijyi9J~n
. ,
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
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk .
December 4, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy, of Resolution No. 38294-120108 authorizing the
acceptance of a Federal Transportation Enhancement Fund grant from the
Virginia Department of Transportation for further construction and
development efforts for the Roanoke River-Tinker Creek Greenway trail
connection project; and authorizing execution of the necessary documents,
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, December 1, 2008.
Sincerely,
~~~~
City Clerk
Attachment
pc: William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community
Development
Steven C. Buschor, Director, Parks and Recreation
Donnie Underwood, Parks and Greenways Planner
Sherman M. Stovall, Director, Management and Budget
L:\CLERK\DATA\CKEWl \ AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 12008
correspondence. doc
.t;~~
~, ,
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of December, 2008.
No. 38294-120108.
A RESOLUTION authorizing the acceptance of a Federal Transportation Enhancement Fund
grant from the Virginia Department of Transportation for further construction and development
efforts for the Roanoke River-Tinker Creek Greenway trail connection project; and authorizing the
execution of the necessary documents, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City of Roanoke hereby accepts the Federal Transportation Enhancement Fund
grant from the Virginia Department of Transportation in the amount of $294,000.00, for further
construction and development efforts for the Roanoke River-Tinker Creek Greenway trail connection
project, all as more particularly set forth in the City Manager's letter dated December 1,2008, to this
Council.
2. The City Manager and the City Clerk are hereby authorized to execute and attest,
respectively, an agreement with the Virginia Department of Transportation, and any other fohns
necessary to accept such grant, such forms to be approved as to form by the City Attorney, and to
furnish such additional information as may be required in connection with the City's acceptance of
the grant.
. i )
ATTEST:
\. .-
>~, '
m.~
City Clerk.
R-TEA21-Roanoke River-Tinker Creek Greenway.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
December 1, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita). Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Award of Federal
Transportation Enhancement
Funds for the Roanoke River
G ree nway
Background:
As managed through the Virginia Department of Transportation, the Federal
Transportation Enhancement Fund program is a reimbursable grant opportunity
established for the purposes of providing for facilities and amenities that
promote alternate modes of transportation to include greenway trails and trail-
related facilities.
The City of Roanoke has been fortunate to have been awarded enhancement
funding for several years for the Roanoke River-Tinker Creek Greenway trail
connection project managed by Roanoke's Parks and Recreation Department.
Since 2002, the City has received multiple enhancement awards totaling
$669,000 for the project; however, the 2005 award of $294,000 has yet to be
accepted by City Council. Upon staff's review of the project's finances, all other
enhancement awards have been properly accepted by Council, and the proper
financial processes were initiated to prepare the project for future phases of
development and expenditure of funds.
Honorable Mayor and Members of City Council
December 1, 2008
Page 2
Considerations:
While Roanoke's overall greenway efforts address multiple greenway and trail
projects, these particular enhancement funds as identified under federal project
number EN03-128-129, PEl 01, C501 (UPC 72180) shall be utilized towards
construction and development efforts for the Roanoke River-Tinker Creek
project. To be expended within the next four years, these funds may be used
for construction planning, specifications, drawings, landscaping, and
development per the scope of work described within the grant application
package.
The 2005 awarded funds as addressed herein have already been successfully
accepted and authorized by both the Virginia Department of Transportation and
the City, and they are already a part of the federal and state project code
earmarked for the Roanoke River and Tinker Creek Greenway connectivity
project. The local matching requirements of said funds have also been
appropriately addressed through a May, 2008 Council. action. :The only
remaining act relative to these funds is to have the City officially create the
appropriate capital revenue and expenditure grant related accounts under the
008-620 series for Parks and Recreation Administration.
Recommended Action:
Accept the 2005 grant as previously described and authorize the City Manager
to execute any grant agreements or documents; such agreements or documents
to be approved as to form by the City Attorney. Adopt the accompanying
budget ordinance to establish a revenue estimate for State grant funps in the
amount of $294,000 and to appropriate the same amount in the Capital
Projects Fund account 08-620-9200-9007 (Roanoke River Greenway)
Appropriation of State Grant Funds.
Respectfully submitted,
Darlene L. Bu
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
Steven C. Buschor, Director of Parks and Recreation
Donnie Underwood, Parks and Greenways Planner
CM08-00175
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: cIerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
December 4, 2008
CECELIA T. WEBB
Assistant Deputy City Clerk
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38297-120108 appropriate
funding from the Virginia Department of Conservation and Recreation and
transfer funding from the Storm Water Maintenance project for the Water
Quality Improvement Program, and amending and reordaining certain
sections of the 2008-2009 Capital Projects Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 1, 2008, and is in
full force and effect upon its passage.
Sincerely,
W~m.~~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community
Development
Sherman M. Stovall, Director, Management and Budget
Robert K. Bengtson, Director of Public Works
Philip C. Schirmer, PE, LS, City Engineer
Christopher J. Blakeman, Environmental Administrator
L:\CLERK\DATA\CKEW1\AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 12008
correspondence. doc
..r<
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of December, 2008.
No. 38297-120108.
AN ORDINANCE to appropriate funding from the Virginia Department of
Conservation and Recreation and transfer funding from the Storm Water Maintenance
project for the Water Quality Improvement Program, amending and reordaining certain
sections of the 2008-2009 Capital Projects 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 2008-2009 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations .
Appropriated from State Grant Funds
Appropriated from General Revenue
Revenues
Water Quality Improvement Program -
VDCR Reimbursement
08-530-9556-9007 . $
08-530-9736-9003
182,941
( 99,441 )
83,500
08-530-9556-9556
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)
,
. ) !!
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
STEPHANIE M. MOON, CMC :yroanokeva.gov
City Clerk
December 4, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy.of Resolution No. 38296-120108 authorizing the
obtaining and acceptance of a Virginia Department of Conservation and
Recreation Water Quality Improvement Fund Grant (WQIF), in the amount of
$83,500.00, for projects to improve water quality in streams within the
City of Roanoke; and authorizing the City Manager to execute any required
grant agreements, to execute any necessary additional documents, to
provide additional information, and to take any necessary actions to
obtain, receive, implement, use, and administer such WQIF Grant, 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, December 1, 2008.
Sincerely,
~~~~:roN
City Clerk
Attachment
pc: Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community
Development
Sherman M. Stovall, Director, Management and Budget
Robert K. Bengtson, Director of Public Works
Philip C. Schirmer, PE, LS, City Engineer
Christopher J. Blakeman, Environmental Administrator
L:\CLERK\DATA\CKEWl\AGENDA CORRESPONDENCE\agencia correspondence 08\Dec 08\Dec 12008
correspondence. doc
p~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of December, 2008.
Nri. 38296~120108.
A RESOLUTION authorizing the obtaining and acceptance of a Virginia Department of
Conservation and Recreation (DCR) Water Quality Improvement Fund (WQIF) Grant in the amount
of $83,500 for projects to improve water quality in streams within the City of Roanoke; and
authorizing the City Manager to execute any required grant agreements, to execute any necessary
additional documents, to provide additional information, and to take any necessary actions to obtain,
receive, implement, use, and administer such WQIF Grant, upon certain terms and conditions.
WHEREAS, the DCR has awarded the City a WQIF Grant in the amount of $83,500 and
such Grant requires the execution of a Grant Agreement between the DCR and the City; and
WHEREAS, such WQIF Grant requires the City to provide additional matching funds and in
kind services of $99,441.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Council ofthe City of Roanoke hereby approves the obtaining ofthe WQIF Grant
and accepts the WQIF Grant from the DCR in the amount of$83,500, which requires an additional
$99,441 in City matching funds, to provide money for projects to improve water quality in streams
within the City, all as more particularly set forth in the letter dated December 1,2008, from the City
Manager to this Council.
2. The City Manager is hereby authorized to execute a Grant Agreement between the
City and the DCR in substantially the same form as that attached to the City Manager's letter
mentioned above, which is to be approved as to form by the City Attorney.
R-Water Quality Improvement Grant-2008.doc
1
3. The City Manager is further authorized to execute any necessary additional
documents, provide any additional infonnation, and to take any necessary actions in order to obtain,
accept, receive, implement, use, and administer such WQIF Grant and to complete the above
described work in connection with such Grant.
i !
!(
ATTEST:
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City Clerk!..
R-Water Quality Improvement Grant-200S.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
December 1, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, 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:
Department of Conservation
and Recreation Water Quality
Improvement Fund Grant
Acceptance
Background:
The Virginia Department of Conservation and Recreation (DCR) administers the
Water Quality Improvement Fund Grant Program. This program provides
matching funds to localities to implement specific projects that will improve
water quality in our streams and rivers. The City of Roanoke made application
in 2007 for grant funding to support three water quality improvement projects
in the Tinker Creek watershed. These projects include: stabilization and re-
vegetation of the informal fishing area along Mason Mill Road, restoration of
stream bank erosion that threatens to under-cut a portion of the Tinker Creek
Greenway, and removal of the damaged membrane liner and re-vegetation of
the Statesman Stormwater Detention pond.
DCR has awarded the City of Roanoke a grant on a cost reimbursement basis in
the amount of $83,500 to fund the proposed improvement projects. A copy of
the Grant Agreement is attached to this letter. Matching funds and in kind
services are required from the City in the total amount of $99,441. Matching
funds are available in the Stormwater Maintenance NPDES Phase 2 account (08-
530-9736).
Honorable Mayor and Members of City Council
December 1, 2008
Page 2
Recommended Action:
Accept the grant 'as described above and authorize the City Manager to execute
any required grant agreements, or related documents, such to be approved as
to form by the City Attorney. Further authorize the City Manager to execute
any necessary additional documents, provide any additional information, and to
take any necessary actions in order to obtain, accept, receive, implement, .use,
and administer such grant, including establishing guidelines for the use of such
grant funds.
Adopt the accompanying budget ordinance to establish a revenue estimate in
the amount of $83,500 (WQIF Grant) and to appropriate funding of the same in
accounts to be established in the Grant Fund by the Director of Finance, and
transfer $99,441 from Stormwater Maintenance NPDES Phase 2 (08-530-9736) to
the same ~ccount to provide local matching funds.
Respectfully submitted,
Darlene L. Bur ham
City Manager
DLBjPCSjlmb
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
Sherman M. Stovall, Director of Management and Budget
Robert K. Bengtson Director of Public Works
Philip "c. Schirmer, PE, LS, City Engineer
Christopher j. Blakeman, Environmental Administrator
CM08-00 186
Grant Agreem.ent # 2007-WQIF-31
COMMONWEALTH OF VIRGINIA
Department of Conservation and Recreation
Grant Agreement
Water Quality Improvement Fund
2007-WQIF-31
This Grant Agreement (hereinafter referenced as "Agreement") is made, by and between the
. Commonwealth of Virginia, Department of Conservation and Recreation, hereinafter called
"DCR," and City of Roanoke. hereinafter called the "Grantee."
Pursuant to the Virginia Water Quality Improvement Act of 1997, the Virginia General
Assembly created the Water Quality Improvement Fund to provide funding for point and
nonpoint source water quality improvements throughout the Commonwealth. This Agreement is
a sub-grant award, from DCR to the Grantee, of said state grant funds. The parties to this
Agreement, in consideration of the mutual covenants and stipulations set out herein, agree as
follows:
y
(1) GENERAL PROVISIONS: Grantee shall carry out the project as set forth in the Agreement
documents. The Agreement documents shall consist of this signed Grant Agreement and:
(1) Attachment A - Scope of Work
(2) Attachment B - Project Financial Report Form
(3) Attachment C - Milestone Table
(4) Attachment D - NPS Pollution Tracking Data Form for BMPs
(5) Attachment E - Commonwealth of Virginia, Terms and Conditions
Nothing in this Agreement shall be construed as authority for either party to make commitments
that will bind the other party beyond the Scope of Service, contained herein. Furthermore, the
Grantee shall not assign, sublet or subcontract any work related to this Agreement, or any interest
it may have herein, to any parties not approved by DCR, as noted in these Agreement documents.
The details and schedule of service set forth in the Scope of Work and Milestone Table are
deemed to have been consensual upon the execution of this Agreement.
(2) TIME OF PERFORMANCE: Upon signature by the Grantee and the director ofDCR, the
services of the Grantee shall be for the period from, October 1. '2007 through December 31.
2009. unless otherwise altered through provisions of this Agreement or extended by written
authorization ofDCR. All time limits stated are essential to this Agreement. Every effort must be
made to complete the work on time. All project expenses and match funds must be completed
during the time of performance.
(3) COMPENSATION: The total grant award from DCR is $ 83.500. DCR shall release the
grant award to the Grantee on a cost-reimbursement basis upon receipt and approval of the
Grantee's quarterly reports, as required by this Agreement, or at other times agreed to by DCR.
DCR is underno obligation to reimburse work performed prior to the commencement or after the
expiration of the contracted time of performance. DCR reserves the right to withhold a minimum
of 15% of the Grantee's total grant allocation until the final grant report and all services, reports
and deliverables are received and approved by DCR. Acceptance of work completed under this
Agreement shall be decided at the sole discretion ofDCR and shall be final.
Grant Agreement Format Revised Sepl 2006
Page 1
Grant Agreement # 2007-WQIF-31
The Grantee shall spend the funds according to the specified categories of the Agreement budget.
Minor shiftsofthe funds among categories by the Grantee, not to exceed 10% of any budget line
item are permissible. Shifts in funds exceeding 10% ofbudget line items must be approved in
writing by DCR. Any cost overruns incurred by the Grantee during the time of performance shall
be the responsibility of the Grantee.
(4) MATCHING FUNDS: If this Agreement is contingent upon cash and in-kind contributions
by the Grantee to the proj ect, the required amount of matching funds will be indicated on the
Project Financial Report Form, Attachment B, of these agreement documents. Matching
contributions, if applicable, must reflect expenses directly related to the implementation of this
project and incurred only during the time of performance listed in this Agreement. The decision
ofDCR with respect to approval of matching funds shall be final. Matching funds must be .
tracked and reported to DCR in the quarterly and final reports describedbelow, both in narrative
summary and on Attachment B.
(5) SCOPE OF SERVICE: The Grantee shall provide the services to DCR set forth in the'
Agreem~nt documents and, specifically, as defined in the Scope of Work. All de1iverables shall
conform to accepted standards and practices. The Grantee shall provide DCR with quarterly
reports and a final report, in narrative and financial report form, detailing the progress of work set
forth in the Agreement documents. Incomplete or inaccurate reports may result in reimbursement
delays. These reports shall be certified by an authorized agent of the Grantee as being true and
accurate to the best of the Grantee's knowledge, as indicated by their signature on Attachment B.
Each quarterly report, due on the 15th of the following month, shall contain the following: .
(1) A narrative - Describe the progress in fulfilling the Scope of Work and activities for
each deliverable listed in the Milestone Table. Provide both accomplishments and
challenges, and a financial narrative with itemized details of expenditures. '
(2) An updated Proiect Financial Report Form (Attachment B) - On Attachment B,
summarize expenses incurred in the columns under "DCR Funds" and Grantee
contributions under "Match Funds." This form also serves as the reimbursement
request, or invoice, for the Grantee, therefore, only copies with the original authorized
signature will be accepted by DCR.
(3) An updated Milestone Table (Attachment C) - Enter "Actual Completion Date" for
specific tasks on the table and provide relevant notes.
(4) NPS Pollution Tracking Data Form for BMPs (Attachment D) - Enter data for best
management practices installed and completed, if applicable.
Thefinal report, due 45 days after the Agreement terminates, shall summarize all major project
accomplishments and challenges, as well as expenditures and matching contributions during the
period after the project began through the termination date. Photographs taken before, during and.
after project implementation should be included in the final report. The final reimbursement
request must be submitted with the final report.
(6) ASSISTANCE: DCR agrees, upon request of the Grantee, to furnish, or otherwise make
available t6 the Grantee, copies of existing non-proprietary materials in the possession of DCR
that are reasonably associated with.this project. This includes materials that are necessary to the
Grantee for completion of its performance under this agreement.
Grant Agreement Format Revised Sept. 2006
Page 2
Grant Agreemenl# 2007-WQIF-31
(7) FlNANCIAL RECORDS AVAILABILITY: The Grantee agrees to retain all books, records
and other documents relative to this agreement for five years after final payment. DCR, its
authorized agents, and/or state auditors shall have full access to, and the right to examine any of,
said materials during said period.
(8) CREATION OF INTELLECTUAL PROPERTY: All intellectual property including
copyrightable material created pursuant to this contract shall be considered work made for hire
and shall belong exclusively to the Commonwealth of Virginia. Neither party intends any
copyrightable material created pursuant to this contract, together with any other copyrightable
material with which it may be combined or used, to be a '=joint work" under the copyright laws_ If
any copyrightable material created pursuant to this contract cannot be deemed work made for hire
or is deemed part of ajoirit work, the Grantee does hereby irrevocably assign its entire copyright
. interest in such material or work to the Commonwealth of Virginia and shall execute and deliver
such further documents as the Commonwealth may reasonably request for the purpose of
acknowledging or implementing such assignment. DCR hereby grants to the Grantee a license to
use the materials, so owned, for public, not- for-profit purpose within the tenitory of the
Commonwealth.
A copyright notice shall be placed in an appropriate location on any copyrightable material being
distributed or published. Such notice shall include (1) either the symbol "@", the word
"Copyright" or the abbreviation "Copr." (2) the year offrrst publication, and (3) the name ofthe
copyright owner (the Commonwealth of Virginia). This information shall be followed by the
words, "all rights reserved."
(9) DOCUMENTS: The Grantee may retain any reports, studies, photographs, negatives or other
documents prepared in the performance oftheir obligations under this Agreement and not
required to be delivered to DCR. DCR shall have certain rights to use any such materials as
specified above. Where necessary for DCR's enjoyment of its rights and other rights referenced
in this Agreement, the Grantee shall provide a clear, reproducible copy of such materials
(machine readable upon request, if readily available to the Grantee in such fonn) to DCR.
(10) TERMINATION AND BREACH: Either party may terminate this agreement upon thirty
days written notice to the other party. DCR may terminate this Agreement for any reason
necessary to support its current policy and financial status, including the need to redirect funds to
another program. It is understood and agreed between the parties, herein, that DCR shall be
bound, hereunder, only to the extent of the funds available or which may hereafter become
available for the purpose of this Agreement.
In the event of breach by the Grantee of this Agreement, DCR shall provide written notice to the
Grantee specifying the manner in which the Agreement has been breached. If a notice of breach
is given and the Grantee has not substantially corrected the breach within 60 days of receipt of
the written notice, DCR shall have the right to terminate the Agreement. The grantee shall not be
paid for services rendered nor expenses incurred after receipt of the notice of termination, except
such fees and expenses incurred prior to the effective date of termination as are necessary for
curtailment of its work under this Agreement.
Grant Agreement Fonnat Revised Sept 2006
Page 3
Gront Agreement # 2007-WQIF-3i
(11) QUALITY ASSURANCE/QUALITY CONTROL PROJECT PLANS: Within 60 days of
the effective date oftrus Agreement and if required in Attachment A of this Agreement, the
Grantee will submit to DCR, for review and approval, a Quality Assurance/Quality Control
Project Plan. No water quality monitoring activities shall be initiated until the Quality
Assurance/Quality Control Project Plan has been approved by DCR. The Grantee shall
implement the approved Quality Assurance/Quality Control Project Plan in performing
environmental monitoring activities.
,
(12) REPORTING AND TRACKING INFORMATION MANAGEMENT SYSTEMS: In
accepting these funds, the Grantee agrees to the sharing of all deliverables and related
information through state and/or federal channels (including Internet use) and, wherever possible,
to provide DCR with deIiverables in a format that can be made available to the public.
(13) OPERATION AND MAINTENANCE: Before the end ofthe first quarterly reporting period
or other date as agreed to by DCR, the Grantee will submit to DCR, for review and approval, an
Operation and Maintenance Plan for BMPs and other on-the-ground implementation aspects of
this project. The Grantee will operate and maintain the project, or secure the operation and
maintenance of the project through landowner agreements, in a manner consistent with the plan
as approved by DCR. Adherence to Cost-Share Guidelines and BMP specifications is considered
an adequate Operation and Maintenance Plan. In the event that the Grantee fails to comply with
the operation and maintenance requirements, DCR shall give written notice specifying the failure
to comply and shall give the Grantee the time to correct such failure as provided for herein with
respect to a breach of this Agreement.
(14) ENFORCEMENT: For nonpoint source Best Management Practice installations funded
through this Agreement, within ninety (90) days of receipt of written demand from DCR, the
Grantee shall repay an amount, on a straight line pro-rated basis, of the WQIA funds used for the
installation, for noncompliance with Section (13) OPERATION AND MAINTENANCE, unless
the Grantee asserts a defense afforded it under this Agreement. Enforcement action for BMPs
funded through the Cost-Share Program will be in accordance to the Cost-Share Guidelines.
Within sixty (60) days of receipt. of written demand from DCR, the Grantee shall pay a stipulated
penalty in the amount of $1 ,000 or 15%, whichever is greater, of the total award for any of the
conditions as set forth in this Agreement, including failure to meet the final deadline or
noncompliance with the Scope of Services, Attachment A, unless the Grantee asserts a defense
afforded it under this Agreement.
Repayments and stipulated penalties will be paid into the State Treasury and credited to the Fund.
The Grantee's right to collect repayments and stipulated penalties does not affect in any way
DCR's right to secure specific performance of the Agreement using such other legal remedies as
may otherwise be available.
(15) INTEGRATION AND MODIFICATION: The Virginia Water Quality Improvement Fund
(WQIF) Guidelines; and the WQIF Requestfor Proposals (RFP), Application Form with
supporting documents as agreed to by the Grantee and DCR are hereby incorporated into this
grant agreement by reference. To the extent there are inconsistencies' between the grant
agreement and the Application Form and its supporting documents, this agreement and its
Attachment A shall control. This agreement constitutes the entire Agreement between DCR .and
Grant Agreement Format Revised Sept. 2006 Page 4
Grant Agreement # 2007-WQIF-3 I
the Grantee. No alteration, amendment, or modifications in the provisions of this Agreement
shall be effective unless it is reduced to writing and agreed to by the parties and attached hereto.
(16) ACKNOWLEDGMENTS: The role ofDCR must be clearly stated in all press releases,
news articles, requests for proposals, bid solicitations and other docwnents describing this
project; whether funded in whole or in part. Acknowledgment of financial assistance, with the
DCR logo, must be printed on the cover of all reports, studies, web sites, map products or other
products supported by this award or any sub-award. The grantee is responsible for contacting
DCR staff in adequate time to obtain the logo in camera-ready or digital form. Prior to
production, DCR project management staff must approve the final draft. The acknowledgment
should read:
This project receivedfundingfrom the Virginia Water Quality Improvement Fund
)
provided by the Department of Conservation and Recreation (DCR), via grant number
2007-WOIF-31.
(17) DISCLAJMER: For reports or papers produced for public dis1ribution (including the final
product), the following sentence must be added to the end of the above credit: The views
expressed herein are those of the author(s) and do not necessarily reflect the views ofDeR.
IN WITNESS THEREOF the parties have caused the Agreement to be executed by the following
duly authorized officials:
Grantee: City of Roanoke
By:
Grantor: Virginia Department of Conservation
and Recreation
By: i!r f( f7 .
J k . Frye,Dire(!t
Title: SIan of SOlI ana Water ConservatIOn
Title:
Date:
/0-2 -07
Date:
By:
----
Gront Agreement Format Revised Sept 2006
Page 5
Attachment A
Scope of Work
2007~WQIF-31
City of Roanoke
Roanoke Water Quality Enhancements
DCR Modifications & Award Condition:
A hydrologic assessment (i.e. engineering calculations) and/or geomorphic assessment, or
other appropriate stream assessment will be conducted to determine the severity of the
stream degradation problem in relation to the condition of the watershed for any stream
restoration project funded by the WQIF grant program. The percent impervious surface,
land-use patterns, flow regimes, soil types, and other relevant watershed criteria will be
considered. The assessment will be used to develop the stream restoration design. Natural
stream channel design techniques will be considered.
In applying the above award condition, a distinction can be made between a stream
restoration project verses a streambank rehabilitation project. Stream restoration is
typically viewed as a more holistic process that aims to reestablish the structure and
function of a stream segment or corridor to pre-disturbed conditions and functions.
Stream restoration is a process of converting an unstable, altered or degraded stream
corridor, including adjacent riparian zone and floodplain areas to its natural or referenced,
stable conditions considering recent and future watershed conditions.
A streambank rehabilitation project generally involves the recovery of functions and
processes in a degraded habitat that is often achieved through isolated manipulation of
individual elements. Streambank rehabilitation does still aim to establish geological and
hydrologically stable area(s) that support the natural ecosystem. Examples of streambank
rehabilitation activities include planting riparian buffers, stabilizing a streambank or
shoreline, and armoring the banks and replacing vegetation. Although a detailed
hydrologic and geomorphic assessment may not be necessary, streambank rehabilitation
projects are still expected to provide for an adequate slTeambank restoration design based
on appropriate design parameters as required by the Operation and Maintenance Plan.
)
The final design(s) for stream restoration and/or streambank rehabilitation projects should
be submitted to DCR for approval prior to the start of construction.
/'
I
~
City of Roanoke
2007 Department o( Conservation and Recreation
WQIF Application Narrative
1. Project Abstract
The City of Roanoke's Department of Public Works (Engineering Division &
Environmental Services), Department of Planning, Building, and Economic Development,
and Parks & Recreation Department have collaborated on this application package to
identify specific projects within the City of Roanoke that can positively effect water
quality within the City and beyond. The three specific projects proposed to be undertaken
are the re-vegetation of denuded areas along Tinker Creek in Eastgate Park, stream
restoration along Tinker Creek and retrofitting the Statesman stormwater detention pond
to include both water quantity and water quality functions. A brief description of each
project is provided below:
Re- V et!etation alone Tinker Creek in Easteate Park-
Re-vegetate a denuded area approximately.1200 feet long by 40 feet wide with completely
bare earth along Tinker Creek in Eastgate Park. Stormwater runoff conveys sediment into
Tinker Creek by overland flow and re-vegetating will greatly reduce sediment movement.
Although specific sediment control measures are still to be determined, based upon the
area of bare land to be re-vegetated, it has been calculated that 62 pounds of Nitrogen,
16.6 pounds of Phosphorus, and 20.73 tons of sediment can be reduced from entering
Tinker Creek, a tributary of the Roanoke River.
This particular section of the riparian corridor of Tinker ,Creek is managed as linear park
resources and as such is under the stewardship of Roanoke Parks & Recreation. As part of
the City's park and greenway system, this section of stream was identified within the 2000
Tinker Creek Greenway Plan as developed by the Roanoke Greenway Commission. As
the formal development of the greenway route is continuing, the opportunity is currently
at-hlind to potentially utilize WQIF funds to restore a severely devastated section of the
streams floodway and also to establish a environmentally friendly greenway trailhead at
this location. As with other floodway located trailheads within Roanoke's greenway
system, the Tinker Creek project would be developed with porous concrete pavers to
eliminate any further impermeable surfaces within the floodway and to also serve as part
of the storm-water filtration buffering that is needed in the area to enhance the streams
health. The City shall fully fund the sustainable trailhead feature while matching the
WQlF riparian buffer enhancement requestportion with a 50% cash commitment.
Stream Restoration alone Tinker Creek-
Stream Restoration will be implemented on a reach of Tinker Creek that is approximately
150 linear feet with an average bank height of 6 feet using a combination of traditional
and bioengineering techniques and natural stability concepts. It has been calculated that
restoring this section of Tinker Creek will reduce on an annual basis 256.5 pounds of
"
Nitrogen, 68.4 pounds of Phosphorus and 85.5 tons of sediment from entering Tinker
Creek.
Statesman Detention Pond UpID"ade-
Statesman detention pond was constructed in the early 1990's by the City of Roanoke to
reduce storm water runoff to an inadequate pipe system. The runoff travels through this
inadequate pipe system and empties in the Tinker Creek tributary.
The detention pond was designed to attenuate the 10 year storm with a maximum outflow
rate of 80 cubic feet per second. The contributory drainage area is approximately 140
acres with a mixed land use. Of the 140 acres, there is approximately 84 acres of roads,
driveways, roofs and other impervious areas. The 84 acres takes into account future build
out potential. Additionally, the pond was constructed with a rubber membrane liner that
over the years has severely deteriorated. The pond currently does not have any water
quality features.
For this project, the City will remove the rubber liner and re-establish grass to allow the
first flush volume to be filtered through grass and provide for greater target pollutant
removal efficiency.
II. Proposal
A. Project Need
Within the City of Roanoke, a comprehensive Total Maximum Daily Load (TMDL)
study has identified several impaired benthic segments of the Roanoke River.
Sediment was identified as a primary stressor impacting benthic invertebrates in the
impaired segments of the river. The four primary sources of sediment entering the
Roanoke River have been identified as: (1) discharges from Municipal Separate Storm
Sewer Systems, (2) drought-related impacts, (3) urbanized high density areas, and (4)
sediment resuspension. The proposed projects covered under this application are
either adjacent to, or discharge directly into Tinker Creek, which is a tributary of the
Roanoke River. Thus, by implementing the proposed projects, a reduction of
sediment, as well as other non-point source pollutants, willbe achieved and ultimately
be prevented from reaching the Roanoke River.
B. Objectives
Re-Vee:etation alone: Tinker Creek in Easteate Park-
· Reduce annual Nitrogen loading in Tinker Creek by 62 pounds
· Reduce annual Phosphorus loading in Tinker Creek by 16.6 pounds
· Reduce annual sediment loading in Tinker Creek by 20.73 tons
· Install interpretative signage regarding the importance of maintaining healthy
water quality
Stream Restoration alone Tinker CreekR
· Reduce annual Nitrogen loading in Tinker Creek by 256.5 pounds
· Reduce annual Phosphorus loading in Tinker Creek by 68.4 pounds
· Reduce annual sediment loading in Tinker Creek by 85.5 tons
. Install interpretative signage regarding the importance of maintaining healthy
water quality
Statesman Detention Pond Uptzrade-
· Reduce annual Nitrogen loading in Tinker Creek tributary by 42.39 pounds
· Reduce annual Phosphorus loading in Tinker Creek tributary by 19.63 pounds
· Reduce annual sediment loading in Tinker Creek tributary by 21.2 tons
c. Overall Content
Although the Roanoke River 01 A W-L04R) possesses an approved benthic TMDL, no
TMDL Implementation Plans have been approved. However, the projects identified in
this application will annually reduce the amount of sediment reaching Tinker Creek, a
tributary of the Roanoke River, by over 127 tons. Such demonstrated sediment
reductions can only positively impact the overall water quality of both Tinker Creek
and the Roanoke River.
Currently, the City of Roanoke has entered the 5th Year of its VPDES General Permit
for Small Municipal Separate Storm Sewer Systems (No. V AR040004). Although the
current General Permit identifies and implements many BMPs focused on improving
stonnwater quality, such BMPs are qualitative in nature. The proposed stream
restoration, re-vegetation and detention pond retrofit projects represent several of only
a handful of projects proposed to be initiated within the City of Roanoke that actually
calculated the non-point source pollutant reductions to be gained through their
implementation. While all stormwater quality BMPs are important and beneficial,
whether they are qualitative or quantitative in nature, the added gain of implementing
qU,antitative BMPs is the ability to objectively demonstrate the amount of pollutant
reduction achieved.
While the projects identified in this application are not a continuation or expansion of
an existing WQIF grant funded under the FY2006 WQIF Request for Grant
Applications, it is the intent of the City of Roanoke to apply for continuation WQIF
grants in future funding cycles.
D. Methodology & Timeline
After proper award, the City of Roanoke anticipates beginning work in December
2007 and completing all work activities by June 2009. Proper specifications will be
developed and procurement of all services will adhere to all state and local guidelines.
Additionally, all appropriate construction, land disturbing, and other permits will be
secured prior to initiating any work. While the actual construction work will be .
performed by Contractors, the City of Roanoke will provide all contract management
and construction management oversight for each proposed project.
E. NPS Results, NPS Reductions, or Environmental Results
In addition to the pollution reduction benefits previously identified in this narrative as
well as in application form, the City of Roanoke intends to create a pictorial
chronology of each project from start to finish. Additionally, a 'diary' of each project
will be developed and posted on the City's web site and featured at various City-
sponsored events. The purpose of creating a detailed record of each project, and not
simply showing the end-result, is to raise citizen awareness of the costs and time
commitments associated with restoring/improving water quality with the ultimate
intention of changing individual behaviors and raising consciousness oihow
individuals, government, and corporate entities can work together in becoming better
environmental stewards.
F. Partner Justification
Both the Clean Valley Council (www.cleanvalley.org) and the Roanoke Valley
Greenway Commission (www.greenwavs.org) have offered their encouragement of
the proposed projects as can be seen in their letters of support provided with this
application. The Clean Valley Council serves as a Contractor to the City of Roanoke,
along with Roanoke County and the Town of Vinton, for fulfilling several BMPs
pertaining to stormwater education and outreach iJl fulfillment of the aforementioned
locality's VPDES Phase II stormwater permit.
The mission,ofthe Roanoke Valley Greenway Commission is to promote and
facilitate coordinated direction and guidance in the planning, development and
maintenance of a system of greenways through the Roanoke Valley.
It is anticipated that both the Clean Valley Council and Roanoke Valley Greenway
Commission will assist with the development of the content to be included on the interpretative signage along Tinker Creek.
This section inustclearlY ldentifyestimatedprojettcosfs 'according to the budget categories
provided below. Identify all expected project costs and all sources of match funds. Additional
rows may be added under the budget categofies to provide a line item detail. Rows for bUdget
categories not included In the proposed project budget may be deleted. Reference the 2007
W IF RFP Attachment B "Bud et Narrative Guidelines" In com letin this section.
BUDGET CATEGORIES & ITEMIZED DESCRIPTION WQIF Grant
;PERS6NN'EL ," """'personnelSubtotal? $ 0.00
"', -,,': .... .' ': :....~-:'.c.":' ~_~-'~_~. ,n._.", :~--... . ':'.:~ :.:. :.~': ".t ";'.' .,:. ~.,' ':, ',':', ::! .,:~: '.:~ !'::!. '" _ _ .: ~~.. "." .. ',. ',,' .
Detention Pond Retrofit (Inspections - 100 hrs
@$24.75jhr; Project Management - 20 hrs @ $33/hri
and Procurement/Specification Development - 20 hrs
@ $33/hr)
Re-vegetation Project (Parks & Greenway Planner - 20
hrs @ $24.50/hr and Project Coordinator - 60 hours @
$18.05/hr)
Stream Restoration Project(Parks & Greenway Planner -
20 hrs @ $24.50/hr and Project Coordinator - 60 hours
@ $18.05/hr)
Match
Funds
$ 6t941
FRINGE BENEFITS
- (Descnbe Fringe Benefits)
TRAVEL
- (Deseri be Travel)
EQUIPM ENT
- (Describe Equipment)
SUPPU,ES
- (Describe Supplies)
- (Describe Supplies)
CONTRACTUAL
Fringe Subtdtal? $ 0.00
$ 0.00
Travel Subtotal? $ 0,00
$ 0.00
Equipment Subtotal? $ 0.00
$ 0.00
Supplies Subtotl1/ ~ '$0.00
$ 0.00
,ContractuaISubtotal~ $0.00
$ 3,000
-Detention Pond Retrofit (Geotechnical EngIneering) $3,000
CONSTRUCTION Const:ruction$iibtota/~ $ 83,500
Streambank Restoration & Stabilization (150 Lf. @
300/l.f.) $45tOOO
Re-vegetation of denuded area (includes gradlngt
topsoil, seedt mulcht slit fence & construction entrance
for approximately 1 acre) $35tOOO
- The work at Statesman pond will consist of removing a
rubber Iinert dIsposal of the IInert regrading and
removing silt deposition, and reseeding. ($87,000)
$83,500
- (Describe Construction)
- (DescrIbe Construction)
OTH ER DIRECT Other DIrect Subtotal? $ 0.00 $ 6,000
- AdvertisIng & Printing of construction bid documents -
$3,000
- Permitting - $3,000
INDIRECT Indirect Subtotal? . Not allowed $
- (Describe Indirect) Not allowed
TOTAL COSTS $ 83,500 $ 99,441
..
BMP(s) Name and
Work Description
. .
. .
Estimate Size or .
Quantity of BMP(s):
Drainage Area:
(If applicable)
Estimated annual
NPS reductions:
(If possible)
(Specify and describe the type of BMPs to be installed, repaired,
replaced, retrofitted or otherwise modified.)
Eastgate Park
. Re-vegetate denuded area along creek. Area approx. 1200 feet
long by 40 feet wide is completely bare earth. Storm runoff
conveys sediment into creek by overland flow. Re-vegetating
will greatly reduce sediment movement. Specific Sediment
Control measures are still to be determined.
Tinker Creek
Stream Restoration using a combination of traditional and
bioengineering techniques and natural stability concepts. Final
BMPs are still to be determined.
Statesman Detention Pond
For this projectr the City of Roanoke is proposing to remove the
rubber liner and re-establish grass to allow the first flush volume.
to be filtered through grass and provide for greater target
. pollutant removal efficiency.
(Specify targeted number of acres, linear feet, number of units
or other appropriate unit for BMPs to be implemented.)
Eastgate Park
Estimated size of re-vegetation area is 1 acre.
Tinker Creek
Estimated size of streambank section to be stabilized:
150 linear feetr average bank height 6 feet.
(Estimate drainage area, such as acres to be treated by BMP(s)
and including % acres or % of area to be treated that is pervious
. vs. impervious.)
Statesman Detention Pond
The contributory drainage area is approximately 140 acres with a
mixed land use.
104.63 . Phosphorus
(Ibs)
127.4
Describe ba.sisor
source for NPS
reduction estimates:
(e.g. SWM engineering calculationsr Bay Model efficiencies, TMDL
studies and implementation plansr National Small Flows
standards for septicr scientific study resultsr manufactured 8MP
design specifications, etc.)
~astgate Park Re-vegetation Project
Source of NPS reduction estimate:
Va. Erosion and Sediment Control Handbook
Chapter 2, Erosion and Sediment Control Principles, Practices
And Costs
Plate 2-2, Page ii-8, Construction Site condition Chart
Storm Median Sediment Concentration (mg/l):
Uncontrolled = 4,145
w/Sediment Control = 283
Proposed improvement '=3,862 mg/I
Conversion lmg/I = .00006242 Ib/cf.
Provide stabilization of denuded area along creek:
Length = 1200 feet, width = 25 ft average;:; 48,000 s.f
Assume 43 in/year rainfall;:; 3.5833 ft.
3,892 mg/I x .00006242 = .2411 Ib/c.f.
48,000 s.f. x 3.5833 x .2411 ;:; 41,469/2000 ;:; 20.73 tons
sediment
20.73 x 3 = 62 Ibs nitrogen
20.73 x .8 = 16.6 Ibs phosphorous
Tinker Creek
Conversion tables used in estimating N & P Ibs per ton of
sediment = 3 Ibs and phosphorous = 0.8 Ibs.
Source: Brady, N.C. 1984) The Nature of Properties of soils (9th
edition). Mac Million Publishing Co, New York.
(Taken from Example Problem Information)
Erosion measurement based on field determination/observation.
Average movement estimated to be 4 feet in last 2 years.
Estimated soil loss between 2005 and 2007:
150 ft I x 6 ft h x 4 = 3,600 C.F., 2 year soil loss
.. 3,600 c.f./2 years = 1,800 c.f. annual reduction
Conversion of cubic feet to pounds of sediment:
Soil weighs 90-100 Ibs per cubic foot (95 Ibs average)
1,800 c.f. x 95 Ibs/c.f. = 171,000 Ibs
171,000 Ibs/2000lbs per ton = 85.5 tons sediment
85.5 tons x 3 Ibs. nitrogen = 256.5 Ibs nitrogen
85.5 tons x 0.8 Ibs phosphorus = 68.4 Ibs phosphorus
Other NPS Results
information:
Statesman Pond
The phosphorous load calculations are based on the Virginia
Stormwater Management Handbook (VSMH)
The 15% removal efficiency of 15% (VSMH Table 5-14, page 5-
106).
The pollutant load is calculated at L = (0,05 + (0.009 * lex) * A
* 2.28 (VSMH Eq 5-17, page 5-101)
L = phosphorous load (Ibs per year)
lex = existing site impervious cover (percent) (say 40% for
ultimate build out)
A = area (acres)
L = 0.05 + (0.009 * 40) * 140 acres * 2.28 = 130.8 lbs
15% * 130.81bs = 19.63 Ibs per year of phosphorous
The nitrogen and sediment load calculation are based on
Northern Virginia BMP Handbook (NVBMP) and Virginia Erosion
and Sediment Handbook (VESH)
Sediment removal efficiency ,is 75% (NVBMP - page 7-28),
Nitrogen removal efficiency is 50% (NVBMP page 7-28).
Sediment load is based on an assumed denuded area of 1% of
140 acre watershed = 60,984 square feet
Sediment load is 4145 mg/I with a assumed 43 in/year rainfall
(VESH Ch 2)
Conversion factor for mgjl to Ib/ft^2 = 0.00006242
. 43 injyear = 3.5833 ft
60,984 * 3.5833 * 4145 * 0.00006242 = 56,538 Ibs = 28.26
tons of sediment
Sediment removal = 0.75 * 28.26 tons =21.20 tons
Nitrogen load can be based off of sediment load (3 lbs for every
ton) (VESH)
Nitrogen load = 28.26 tons * 3 = 84.78 Ibs
Nitrogen removal = 84.78 * 50% = 42.39 Ibs
COMMONWEALTH OF VIRGINIA
Department of Conservation and Recreation
Attachment 8
Project Financial Report Form
Water Quality Improvement Fund
DCR Grant Agreement 2007-WQIF-31
FederallD #
Grantee:
Contact Person:
Mailing Address
Project Title:
Reporting Period:
54-6001569
City of Roanoke
Paul J. Truntich Jr.
215 Church Avenue, 'SW, Room 357
Roanoke, Virginia 24011
Roanoke Water Quality Enhancements
Phone #: 540-853-1173
Email: paul.truntich@roanokeva.gov
(beginning date)
(end date)
January - March
April - June
July - September
October - December
2006
2007
2008
DCR Funds (State)
Project Current Cumulative *Unexpended
Budget Expenditures Expenditures Project Balance
Personnel $ $ $ $
Fringe $ $ $ $
Travel $ $ $ $
Equipment $ $ $ $
Supplies $ $ $ $
Contractual $ $ $ $
Construction $ 83,500.00 $ $ $ 83,500.00
Other Direct $ $ $ $
*TOT AL $ 83,500.00 $ $ $ 83,500.00
. Total ReimbursementRequest: $
MATCH Funds
Project Match Current Match Cumulative Match *Unexpended
Budget Expenditures Expenditures Match Balance
Personnel $ 6,941.00 $ $ $ 6,941.00
Fringe $ $ $ $
Travel $ $ $ $
Equipment $ $ $ $
Supplies $ $ $ $
Contractual $ 3,000.00 $ $ $ 3,000.00
Construction $ 83,500.00 $ $ $ 83,500.00
Other Direct $ 6,000.00 . $ $ $ 6,000.00
Indirect $ $ $ $
*TOT AL $ 99,441.00 $ $ $ 99,441.00
Authorized Signature:
Date:
'These cells are formulas on the electronic version of this 101m. For an electronic copy of th~ form contact the OCR Project Manager.
.DCR
Department of Conservatiorl l\..Recreation
CONSERVING V1RGINIAS NATURAL &. RECREATIONAL RESOURCES
Sponsor:
City of Roanoke
Name of Project:
Attachment C
2007-WQIF-31
I
Milestone Table
(Revised Oct. 21, 2008)
Roanoke Water Quality Enhancements
NOTE: For an electronic copy of this form contact the DCR Project Manager.
Submit quarterly budget and project
narrative reports, and required fOnTIS
to DCR by the 15th day following
the end of each calendar quarter.
Submit Operation and Maintenance
Plan to DCR for approval.
Stream restoration implemented on
Tinker Creek.
Re-vegetate denuded area / riparian
buffer enhancement along Tinker
Creek in Eastgate Park.
Upgrade / retrofit of Statesman
Detention Pond
City of
Roanoke
City of
Roanoke
City of
Roanoke
City 0 f
Roanoke
Sept 2009
Sept 2009
Sept 2009
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Attachment E
COMMONWEALTH OF VIRGINIA
TERMS ^ND CONDITIONS
A. APPLICABLE LAWS AND COURTS
B. ANTI-DISCRIMINATION
C. AUDIT
D. AVAILABILITY OF FUNDS
E. A WARD OF GRANT
F. CHANGES TO THE GRANT AGREEMENT
G. ETHICS IN PUBLIC CONTRACTING
H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS
I. NONDISCRIMINATION
J. PAYMENT
K. QUALIFICATIONS OF PROJECT SPONSORS
L. TESTING AND INSPECTION
M. RENEWAL OF GRANT AGREEMENT
N. SMALL, WOMEN, AND MINORITY-OWNED BUSINESSES
E-l
E-I
E-2
E-2
E-2
E-2
E-2
E-3
E-3
E-3
E-3
E-3
E-3
E-3
A. APPLICABLE LAWS AND COURTS: This grant agreement shall be governed in all respects by
the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in
the courts ofthe Commonwealth. The agency and the grantee are encouraged to resolve any issues in
controversy arising from the award of the grant using Alternative Dispute Resolution (ADR)
procedures (Code of Virginia, ~ 2.2-4366). The grantee shall comply with all applicable federal, state
and local laws, rules and regulations.
B. ANTI-DISCRIMINATION: By accepting a grant award, project sponsors certify to the
Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as
amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where
applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and ~ 2,2-4311
of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization,
the organization shall not discriminate against any recipient of goods, services, or disbursements
made pursuant to the grant on the basis of the recipient's religion, religious belief, refusal to
participate in a religious practice, or on the basis of race, age, color, gender or national origin and
shall be subject to the same rules as other organizations that contract with public bodies to account
for the use ofthe funds provided; however, if the faith-based organization segregates public funds
into separate accounts; only the accounts and programs funded with public funds shall be subject to
audit by the public body. (Code of Virginia, g 2.2-4343.1E).
In every grant award over $10,000 the provisions in 1. and 2. below apply:
1. During the performance of this grant, the grantee (contractor) agrees as follows:
a. The contractor will not discriminate against any employee or applicant for employment
because ofrace, religion, color, sex, national origin, age, disability, or any other basis
prohibited by state law relating to discrimination in employment, except where there is a
bona fide occupational qualification reasonably necessary to the normal operation of the
contractor. The contractor agrees to post in conspicuous places, available to employees
and applicants for employment; notices setting forth the provisions of this
nondiscrimination clause.
E-I
b. The contractor, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, will state that such organization is an equal opportunity employer.
c. Notices, advertisements and solicitations placed in accordance with federal law, rule or
regulation shall be deemed sufficient (or the purpose of meeting these requirements.
2. The grantee will include the provisions of 1. above in every subcontract or purchase order over
$] 0,000, so that the provisions will be binding upon each subcontractor or vendor.
C. AUDIT: The grantee shall retain all books, records, and other documents relative to this grant
agreement for five (5) years after final payment, or until audited by the Commonwealth of Virginia,
whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to
and the right to examine any of sad materials during said period.
D. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the
agency shall be bound hereunder only to the extent of the funds available or which may hereafter
become available for the purpose ofthis grant agreement.
E. AWARD OF GRANT: Selection shall be made of project sponsors deemed to be fully qualified and
best suited among those 'submitting proposals on the basis ofthe evaluation factors included in the
solicitation. Negotiations may be conducted with the project sponsors so selected, as deemed
necessary. Price shall be considered, but need not be the sole determining factor. The
Commonwealth may cancel solicitations or reject proposals at any time prior to an award, and is not
required to furnish a statement of the reasons why a particular proposal was not deemed to be the
most advantageous (Code o/Virginia, ~ 2.2-43590).
F. CHANGES TO GRANT AGREEMENT: Changes can be made to the grant agreement in the
following ways:
1. The parties may agree in writing to modify the scope of the grant agreement. An increase or
decrease in the price of the grant resulting from such modification shall be agreed to by the
parties as a part of their written agreement to modify the scope of the grant agreement.
2. The granting agency may order changes within the general scope of the grant agreement at any
time by written notice to the grantee. Changes within the scope of the grant agreement include,
but are not limited to, things such as services to be performed and the place of delivery or
installation. The grantee shall comply with the notice upon receipt. The grantee shall notify the
granting agency, in advance, if additional costs may be incurred as the result of such order and
shall give the granting agency a credit for any savings. Said compensation shall be dete~mined
by mutual agreement between the parties in writing.
G. ETHICS IN PUBLIC CONTRACTING: By accepting a grant award, grantees certify that their
proposal was made without collusion or fraud and that they have not offered or received any
kickbacks or inducements from any other project sponsor, supplier, manufacturer or subcontractor in
connection with their proposal, and that they have not conferred on any public employee having
official responsibility for this procurement transaction any payment, loan, subscription, advance,
deposit of money, services or anything of more than nominal value, present or promised, unless
conside~tion of substantially equal or greater value was exchanged.
E.2
H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS: Failure to submit
a proposal on the official state application form and following proposal submission guidelines
provided for that purpose may be a cause for rejection of the proposal. Modification of or additions
to the Terms and Conditions of the solicitation may be cause for rejection of the proposal; however,
the Commonwealth reserves the right to decide, on a case-by-case basis, in its sole discretion,
whether to reject such a proposal.
I. NONDISCRIMINATION OF PROJECT SPONSOR: Project sponsors shall not be discriminated
against in the solicitation or award of grants under this program because of race, religion, color, sex,
national origin, age, disability, faith-based organizational status, any other basis'prohibited by state
law relating to discrimination in employment.
J. PA YMENT: Any payment terms requiring payment in less than 30 days will be regarded as
requiring payment 30 days after invoice is submitted. [The Attachment B included with this
Agreement, completed and signed, services as the project invoice.] A grantee awarded a grant under
this program is hereby obligated: (1) To pay the subcontractor(s) within seven (7) days of the
grantee's receipt of payment from the Commonwealth for the proportionate share of the payment
received for work performed by the subcontractor(s) under the grant; or (2) To notify the agency and
the subcontractor(s), in writing, of the grantee's intention to withhold payment and the reason.
K. QUALIFICATIONS OF PROJECT SPONSORS: The Commonwealth may make such
reasonable investigations as deemed proper and necessary to determine the ability of the project
sponsor to perform the services and the project sponsor shall furnish to the Commonwealth all such
information and data for this purpose as may be requested. The Commonwealth further reserves the
right to reject any proposal if the evidence submitted by, or investigations of, such project sponsor
fails to satisfy the Commonwealth that such project sponsor is properly qualified to carry out the
obligations of the proposal and to provide the services andlor furnish the goods contemplated therein.
,L. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any test I
inspection it may deem advisable to assure goods and services conform to specifications.
M. RENEWAL OF GRANT AGREEMENT: This grant agreement may be renewed by the
Commonwealth for successive funding periods under the terms and conditions of the original
agreement. Price increases may be negotiated only at the time of renewal. Written notice of the
Commonwealth's intention to renew shall be given approximately 90 days prior to the expiration
date of each agreement period.
N. SMALL. WOMEN. AND MINORITY.OWNED BUSINESSES SUBCONTRACTING:
Where it is practicable for any portion of the awarded grant to be subcontracted to other suppliers,
the contractor is encoUl"aged'to offer such business to small, women, andlor minority-owned
(S W AM) businesses.
E.)
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
December 4, 2008
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38298-120108 appropriating
funds from the Virginia Department of Emergency Management for the
reimbursement of expenses of the Regional Hazardous Materials Response
Team, and amending and reordaining certain sections of the 2008-2009
Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 1, 2008, and is in
full force and effect upon its passage. .
Si ncerely,
, m.'f(\b~
Stephanie M. Moon, CMC ~
City Clerk
SMM:ew
pc: Darlene l. Burcham, City Manager
William M. Hackworth, City Attorney
James Grigsby, Assistant City Manager for Operations
H. David Hoback, Fire-EMS Chief
Sherman M. Stovall, Director, Management and Budget
L:\CLERK\DATA\CKEWl\AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 12008
correspondence. doc
~J<
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of December, 2008.
No. 38298-120108.
AN ORDINANCE to appropriate funding from the Virginia Department of
Emergency Management for the reimbursement of expenses of the Regional
Hazardous Materials Response Team, amending and reordaining certain sections of the
2008-2009 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 2008-2009 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Expendable Equipment (< $5,000)
Expendable Equipment (< $5,000)
Expendable Equipment (< $5,000)
Revenues
Haz Mat Response Reimburse - State FY06
Haz Mat Response Reimburse - State FY07
Haz Mat Response Reimburse - State FY08
35-520-3228-2035
35-520-3229-2035
35-520-3230-2035
$ 6,821
14,072
3,975
35-520-3228-3268
35-520-3229-3269
35-520-3230-3270
6,821
14,072
3,975
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
r'
'I ,
ATTEST:
..~m.~
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
December 1, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, 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:
Hazardous Materials
Team - State
Reimbursement Funds
Background:
Since July 1, 1986, the City of Roanoke has been under contract with the
Virginia Department of Emergency Management (VDEM) to respond to
Level III hazardous materials incidents in a regional concept involving
firefighterjEMTs from the cities of Roanoke and Salem. Roanoke Fire-EMS
receives reimbursement from VDEM for training and response to
hazardous materials incidents.
Considerations:
State reimbursement funds from VDEM have incurred in the following
increments: FY06- $6,821; FY07 - $14,072.; FY08- $3,975. State
reimbursement funds from FY'06 to present total $24,868. These funds
can only be used for Hazardous Materials functions such as training or
equipment. These funds need to be approved, accepted, and appropriated
by Council. A budget ordinance needs to be established by the Director of
Finance.
Honorable Mayor and Members of City Council
December l, 2008
Page 2
'\
Recommended Action:
Accept State reimbursement funds in the amount of $24,868. Adopt the
accompanying budget ordinance to - establish a revenue estimate in the
amount of $24,868 and to appropriate the same amount in an account to
be established in the Grant Fund by the Director of Finance
Respectfully submitted,
Darlene L. Bur
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Dir~ctor of Finance
James Grigsby, Assistant City Manager for Operations
H. David Hoback, Fire-EMS Chief
CM08-00l 84
(~//. 1n.'~. ~;';:. Jil,,: ,;, ;:'bl. 1~"1'.: ,I'...
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
STEPHANIE M. MOON, CMC ~roanokeva.gov
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
December 4, 2008
CECELIA T. WEBB
Assistant Deputy City Clerk
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38300-120108 transferring
funds from the Percent for the Arts, Civic Center Public Art and Temporary
Public Art projects for the Highland Park Bench Project, Gainsboro Library
Project and Enhancement of Market Square Walkway Project, and amending
and reordaining certain sections of the 2008-2009 Capital Projects Fund
Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December I, 2008, and is in
full force and effect upon its passage.
Sincerely, .
~CY\:vno~
Stephanie M. Moon, CMC ~
City Clerk
Attachment
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community
Development
Sherman M. Stovall, Director, Management and Budget
Brian K. Brown, Economic Development Administrator
Susan W. Jennings, Public Art Coordinator
L:\CLERK\DATA\CKEWl\AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 12008
. . correspondence. doc
.v
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of December, 2008.
- No. 38300-120108.
AN ORDINANCE to transfer funding from the Percent for the Arts, Civic
Center Public Art and Temporary Public Art projects for the Highland Park Bench
Project, Gainsboro Library Project and Enhancement of Market Square Walkway
Project, amending and reordaining certain sections of the 2008-2009 Capital Projects
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 2008-2009 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from CMERP
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
Appropriated from General Revenue
08-610-9929-9132
08-610-9930-9003
08-610-9931-9003
08-610-9932-9003
08-610-9934-9003
08-610-9935-9003
$ (81,379)
( 1,621)
25,000
(16,000)
9,000
65,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
, ~ .\y\~~
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
STEPHANIE M. MOON, CMC yroanokeva.gov
City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
December 4, 2008
CECELIA T. WEBB
Assistant Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38299-120108 approving a Public
Art Action Plan for FY2009.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 1, 2008.
Sincerely,
~'m.~
Stephanie M. Moon, CMC
City Clerk
Attachment
pc: Douglas C. Jackson, Chair, Roanoke Arts Commission, 2121 Windsor
Avenue,S. W., Roanoke, Virginia 24015
Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community
Development
Sherman M. Stovall, Director, Management and Budget
Brian K. Brown, Economic Development Administrator
Susan W. Jennings, Public Art Coordinator
L:\CLERK\DATA\CKEWl \ AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 12008
correspondence. doc
~\~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of December, 2008.
No. 38299-120108.
A RESOLUTION approving a Public Art Action Plan for FY 2009..
BE IT RESOLVED by the Council of the City of Roanoke that Council hereby approves the
Public Art Action Plan for FY 2009 as outlined in the City Manager's report dated December 1, 2008,
as a part of the City's Public Art Policy.
> //
ATTEST:
~"
r lY\,' . c)~
. ity Clerk. ~
K:\Measures\public art plan 2009.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
December 1, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, 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: Public Art Action Plan for 2009
Background:
On April 2, 2007, Roanoke City Council adopted the Public Art Site Plan.
According to the Site Plan, the Public Art Coordinator is to present an annual
Public Art Action Plan to the Roanoke Arts Commission (RAC) which will identify
projects and estimated budgets for those prospective projects. The Public Art
Site Plan also states that "Once approved by the RAC, the Public Art Action Plan
is to be submitted to the City Manager for review and then to City Council for
approval" before December 31.
At the November 11, 2008 meeting of the RAC the Commissioners voted on
sites and estimated budgets for public art projects for 2009. The RAC
previously visited and discussed all the sites. The purpose of this report is to
submit the recommendations of the RAC to City Council.
Considerations:
It is the goal of the RAC to develop a wide range of projects of the various types
eligible through the Public Art Policy at diverse locations throughout the city.
Other goals are to partner with additional organizations where appropriate and
to inform the citizens of the city about the various forms of public art. During
the first year of the program the RAC placed temporary pieces around the city
through AIR: Art in Roanoke, commissioned a permanent artwork for the
Honorable Mayor and Members of City Council
December 1, 2008
Page 2
Roanoke Civic Center and bus shelters will soon be placed at both high
schools. The RAC recommends the following projects to add to the permanent
public art collection of the city.
1. Highland Park Bench Project - Two artist designed and fabricated benches
would be placed in Highland Park near the fountain garden area. This is a
partnership project with Old Southwest Inc. They are allocating $1,000 for
the project to bring it to a total of $10,000.
Budget: $9,000
2. Gainsboro Library Project - With the renovations and new addition to th~
Gainsboro Library there is an opportunity to add artwork to the outdoor area
adjacent to Gainsboro Road. Residents and library patrons would have the
opportunity to work with an artist or artist team on deciding the content and
possibly also participate in the fabrication of the work. An effort would be
made to incorporate the library's recent oral history project into the art
work.
Budget: $65,000
3. Enhancement of the Market Square Walkway. Last year $10,000 was allocated
for this project and the RAC worked with students at VA Tech to develop
concepts to add art elements to the interior of the pedestrian bridge. The
concepts did not fit within the parameters of the budget. The RAC
recommends adding to this initial allocation to commission art for the
bridge. If possible the RAC want to hang kinetic art in the tower at the Salem
Avenue end of the bridge.
Budget: $35,000 total with an additional allocation of $25,000
This proposed work plan would allocate $99,000 of the approximately
$123,000 in new funding in the Percent for the Art fund (account 08-610-9929).
Recommended Action:
Adopt the attached resolution which approves the Public Art Action Plan for
fiscal year 2009.
Adopt the accompanying budget ordinance to transfer funding from the
following accounts to two new accounts to be established by the Director of
Finance in the Capital Project Fund entitled Highland Park Bench project
($9,000) and Gainsboro Library Project ($65,000) and $25,000 to the Market
Square Walkway Public Art project account (08-610-9931).
Honorable Mayor and Members of City Council
December 1, 2008
Page 3
Civic Center Public Art
Temporary Public Art
Percent for Art
08-610-9930
08-610-9932
08-610-9929
$ 1,621
$16,000
$81.379
$99,000
Respectfully submitted,
Darlene L. Bu cham
City Manager
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
Brian K. Brown, Economic Development Administrator
Susan W. Jennings, Public Art Coordinator
Douglas Jackson, Chair Roanoke Arts Commission
CM08-00 182
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
STEPHANIE M. MOON, CMC yroanokeva.gov
City Clerk
SHEILA N. HARTMAN. CMC
Deputy City Clerk
December 4, 2008
CECELIA T. WEBB
Assistant Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38301-120108 authorizing
execution of the 2008-2009 Community Development Block Grant (CDBG)
Subgrant Agreement with Rebuilding Together, Roanoke, Inc., for the World
Changers 2009 project, 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, December 1, 2008.
Si ncerely,
~ m.~~
Step anie M. Moon, CMC
City Clerk
Attachment
pc: Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community
Development
Sherman M. Stovall, Director, Management and Budget
Thomas N. Carr, Director, Planning, Building and Development
Frank E. Bar'atta, Budget Team Leader
L:\CLERK\DATA\CKEWl\AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 12008
correspondence. doc
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of December, 2008.
No. 38301-120108.
A RESOLUTION authorizing execution of the 2008-2009 Community Development Block
Grant (CDBG) Subgr~t Agreement with Rebuilding Together, Roanoke, Inc., for the World ..
Changers 2009 project, upon certain terms and conditions.
BE IT RESOLVED by the Council ofthe City of Roanoke that, as more particularly set forth
in the City Manager's letter dated December 1, 2008, that the City Manager and City Clerk are
hereby authorized to execute and attest, respectively, on behalf of the City, a 2008-2009 CDBG
Subgrant Agreement with Rebuilding Together, Roanoke, Inc., regarding the World Changers 2009
project, such agreement to be approved as to form by the City Attomey.
ATTEST:
! ~t'"\f;..
'J \T \. m~D1u
City Clerk. I , . - ~
\ ,/
R-World Changers.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
December 1, 2008
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice-Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, 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: Subgrant Agreement with
Rebuilding Together,
Roanoke, InC., for the 2009
World Changers Project
Background:
World Changers, a volunteer ministry of the Southern Baptist Convention North
American Mission Board, has for six consecutive years brought together youth
and adults from other communities to repair housing in the City of Roanoke.
Previously accomplished through a subgrant agreement with Blue Ridge
Housing Development Corporation, Inc., Rebuilding Together, Roanoke, Inc. has
agreed to be the lead agency for World Changers 2009 project. Community
Development Block Grant (CDBG) funds provide for materials and overhead
costs associated with conducting the project. Beyond the housing benefits for
our residents, the projects have spread goodwill throughout the community.
For 2009, the City is again looking to welcome World Changers to Roanoke and
intends to provide $80,000 in CDBG funds for the project, which will take place
in July and assist approximately 25 homes. As part of this year's project, the
City and Rebuilding Together, Roanoke are exploring partnering with Roanoke
churches to develop ways that local youth and adult volunteers might
participate.
Honorable Mayor and Members of City Council
December 1, 2008
Page 2
Considerations:
In order to undertake the project, City Council's authorization is needed to
execute the subgrant agreement with Rebuilding Together, Roanoke, Inc. The
agreement has a time of performance from December 1, 2008, to December
31, 2009. Necessary funding is available in the following CDBG accounts:
World Changers 2009 Project
World Changers 2009 Delivery
35-G09-0920-5486
35-G09-0920-5498
$72,000
8,000
Recommended Action:
Authorize the City Manager to execute the 2008-2009 CDBG subgrant
agreement with Rebuilding Together, Roanoke, Inc., similar in form and content
to the attachment to this Council Letter, and approved as to form by the City
Attorney. '
Respectfully submitted,
Darlene L. Bu cham
City Manager
Attachments: 1
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
Thomas N. Carr, Director of Planning, Building and Development
Frank E. Baratta, Budget Team Leader
CM08-00 181
DRAFT
DRAFT
AGREEMENT
This agreement is made and entered into this first day of December, 2008, by and between
the following parties:
The Grantee -
City of Roanoke, Virginia
215 Church Avenue, S.W.
Roanoke, Virginia 24011
The Subgrantee
Rebuilding Together, Roanoke, Inc.
P. O. Box 4532.
Roanoke, Virginia 24015
WITNESSETH
WHEREAS, by Resolution No. 38083-051208, the Council of the City of Roanoke, Virginia,
("Council") approved the 2008-2009 Annual Update to the Consolidated Plan for
submission to the u.s. Department of Housing and Urban Development ("HUD"), including
funding for the Subgrantee's 2008-2009 activities to be assisted with Community
Development Block Grant ("CDBG") funds; and
WHEREAS, by Resolution No. 38135-061608 and by Budget Ordinance No. 38136-061608,
Council accepted and appropriated the 2008-2009 CDBG funds; and
WHEREAS, by Resolution NO.-1291 097, adopted December 1, 2008 City Council
authorized the City Manager to execute an agreement for the purposed specified herein.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES:
a. General- Activities to be undertaken by the Subgrantee under this Agreement
shall be known as the "Summer 2009 World Changers Housing Rehabilitation
Project" (the "Project") and have as their purpose the rehabilitation of single-
family housing. Through CDBG funding provided by the Grantee, the
Subgrant,ee will coordinate the rehabilitation of approximately twenty-five (25)
homes located in targeted areas of the City of Roanoke. All homes assisted
with CDBG funds under this Agreement shall be the principal residences of
"eligible homeowners," as described in section 1.d. below. Further, housing
activities shall be conducted in a manner consistent with the Subgrantee's due
diligence and cost detail incorporated into this Agreement by reference.
b. Performance Expectations - The efforts of the Subgrantee pursuant to the
activities set forth under this Agreement are expected to achieve the following.
(l) HUD Outcome Measurement: The primary outcome addressed by this
program with respect to the HUD Performance Measurement System is to:
· Provide increased sustainability of decent, affordable housing.
Page 1 of19 Pages
(2) Sp'ecific Quantifiable Objectives: It is expected that this project will
achieve the following:
. By September 30, 2009, it is expected that the Subgrantee shall
complete repairs to approximately 25 single-family owner-occupied
homes.
. By December 31, 2009, it is expected that the Subgrantee shall
complete the lead-based paint clearance for all homes for which such
clearance is required.
c. Eligible Use of CDBG Funds
(1) Eligible CDBG Activity: Rehab; Single-Unit Residential 24 CFR
5 70.202(a)(1 )
(2) Eligible Broad National CDBG Objective: Housing for Low- and Moderate-
Income Persons; 24 CFR 570.208(a)(3)
d. Eligible Homeowners u For the purposes of this Agreement, an "eligible
homeowner" shall mean a household whose income, adjusted for size, does not
exceed 80% of the area median income defined by HUD and in effect at the
time of application for assistance. In addition, the home for which assistance is
sought must be the principal residence ofthe household. The Subgrantee shall
prepare, and retain with records of the Project, documentation of its
determination of the size and income of the household, including the name,
age, and the sources and estimated amount of income anticipated for the
coming twelve months for each individual expected to be a member of the
household during that period.
e. Period ofthis Agreement uThis Agreement shall be effective as of December 1,
2008, and, unless amended, shall end December 31,2009.
f. Budget - Unless amended, the total amount of CDBG funds provided by the
Grantee under this Agreement shall not exceed $80,000. Of this amount, not
more than $8,000 shall be used by the Subgrantee for project delivery costs
without prior written approval from the Grantee. At the sole discretion of the
Grantee, any funds remaining unexpended as of the end date of this
Agreement may be deobligated from the Agreement and made available for
other CDBG projects of the Grantee, as appropriate.
g. Allowable Expenditures -- Funds provided by the Grantee underthis Agreement
shall be used by the Subgrantee solely for the costs associated with
/
coordinating the rehabilitation of approximately 25 homes in the targeted
areas of the City of Roanoke. Except as indicated below, funds under this
Agreement may be, expended for any necessary, reasonable and allowable
CDBG costs, including, but not necessarily limited to, staff, marketing, property
preparation, supplies and equipment rental, rehabilitation costs, and
other related costs associated with the Project. The purchase of real property
or equipment with funds provided by the Grantee is not allowable.
Page 2 of 19 Pages
2. REQUESTS FOR DISBURSEMENTS OF FUNDS
a. Disbursement of funds under this Agreement shall not be requested until the
funds are needed for payment of allowable expenses. The amount of each
disbursement request must be limited to the amount needed.
b. In general, disbursements shall be requested no more frequently than monthly,
and shall be submitted to the Grantee's Department of Planning, Building and
Development in form and content satisfactory to the Grantee, including copies
of invoices or bills from vendors supporting the request. Requests for payment
of staffwages and benefits shall be supported by payroll summaries or similar
documentation.
c. Disbursement of funds to the Subgrantee for properly documented requests
will generally be made within ten (10) days of receipt, subject to the allowability
of costs and the timely receipt of monthly reports (see section 6 below).
d. All requests for disbursements of funds associated with activities under this
Agreement must be received by the Grantee within 30 calendar days of the
ending date set forth in section l.e. above. The Grantee shall/not be bound to
honor requests for disbursements received after this 3D-day period has
expired.
3. AVAILABILITY OF FUNDS:
CDBG funding to be made available by the Grantee under this Agreement is
contingent upon necessary appropriations by the U.S. Congress. In the event that
sufficient funds are not appropriated, at the sole discretion of the Grantee, this
Agreement may be terminated in whole or in part.
4. PROGRAM INCOME:
"Program income" means gross income received by the Grantee or Subgrantee
directly generated from the use of CDBG funds. Program income from any and all
sources shall be submitted to the Grantee within five (5) days of its receipt by the
Subgrantee. No program income is expected.
5. REVERSION OF ASSETS
Upon expiration or termination of this Agreement, including any amendments
thereto, the Subgrantee shall transfer to the Grantee any CDBG funds on hand at the
time of expiration or termination and any accounts receivable attributable to the use
of CDBG funds.
6. REPORTING REQUIREMENTS
a. By the 15th working day following the end of each month, the Subgrantee shall
Page 3 of19 Pages
/
report the progress of activities covered by this Agreement, in a format
acceptable to the Grantee's Department of Planning, Building and
Development. Such monthly reports shall include, but not be limited to, the
following:
(1) A narrative section summarizing progress to-date on the program; and
I
(2) A table providing data on each housing unit and eligible family assisted
(see Attachment A for minimum data elements to be reported).
b. The Subgrantee agrees to submit any other reports or documentation as
requested by the Grantee concerning activi~ies covered under this agreement.
7. RECORDS REQUIREMENTS
a. Records to be maintained -- At a minimum, the Subgrantee shall maintain
financial and project documents and records which comply with the
requirements of 24 CFR 570.506, and 570.507, as applicable.
b. Period of record retention -- In compliance with the requirements of 24 CFR
570.502(b), the Subgrantee shall retain financial and project documents and
records pertaining to this Agreement for a period of four (4) years, as
applicable, or the conclusion of any legal or administrative process requiring
their use, whichever is later.
c. Access to records -- The Grantee and other entities shall have access to
financial and project documents and records pertaining to this Agreement in
compliance with the applicable requirements of 24 CFR 84.53.
8. MONITORING
The Subgrantee shall monitor the progress of the project(s) covered by this
Agreement, and shall submit appropriate reports to the Grantee's Department of
Planning, Building and Development. The Grantee reserves the right to monitor the
Subgrantee's performance and financial and programmatic compliance, which may
include on-site reviews, during the period of this Agreement.
9. ANNUAL AUDIT
Pursuant to Council policy adopted under Resolution No. 37281-010306, entities
existing for at least two years and with an annual budget exceeding $50,000 are
required to perform an annual audit. It is mutually understood that the Subgrantee
has been in existence for at least two years as of the effective date of this
Agreement. Furthermore, it is mutually understood that the Subgrantee has an
annual budget exceeding $ 50,000. Therefore, the audit provisions of said Council
policy apply to the Subgrantee. However, as an entity receiving less than $500,000
in federal funding from the Grantee, the Subgrantee is not required to undergo an
annual independent audit of theCDBG expenditures/under this Agreement for
federal purposes. As such, audit expenditures undertaken by the Subgrantee to
comply with the local City Council policy are not chargeable to the funds under this
Agreement. The Subgrantee shall submit to the Grantee a copy of the audit within
Page 4 of19 Pages
30 days of its completion.
10. INSURANCE REQUIREMENTS
The Subgrantee involved in this Agreement shall maintain the insurance coverages
set forth in Attachment C to this Agreement and provide the proofofsuch insurance
coverage as called for in Attachment C. Such insurance coverage shall be obtained
at the Subgrantee's sole expense, approved by the Grantee's Risk Manager,
maintained during the life of the Agreement and shall be effective prior to the
beginning of any work or other performance by the Subgrantee under this
Agreement. Additional insured endorsements, if required, must be received by the
Grantee within 30 days of the execution ofthis Agreement or as otherwise required
by the Grantee's Risk Manager.
11. OTHER PROGRAM/PROJECT REQUIREMENTS
In addition to other requirements set forth herein, the Subgrantee shall likewise
comply with the applicable provisions of Subpart K of 24 CFR 570, in accordance
with the type of project assisted. Such other requirements include, but are not
necessari!y limited to, the following.
a. Lead-based paint n All assistance to housing under this Agreement shall be
conducted in a manner consistent with HUD's lead-basedpaintrequirements in
24 CFR 570.608 and HUD lead-based paint guidelines. As applicable, this
includes, but is not limited to, documenting that: (1) the homeowner has been
provided appropriate notifications such as the EPA lead-based paint booklet,
lead-based p~int evaluation, lead-hazard reduction, and clearance; (2)
volunteers have received an orientation as to the safe work practices necessary
to protect themselves and the unit from lead-based paint hazards; and (3)
ind!viduals possessing proper qualifications have performed duties for which
such qualifications are required. In no case shall lead-based paint be used in
the repair of any properties assisted under this Agreement.
b. Section 109 -- In accordance with Section 109 of the Housing and Community
Development Act of 1974 (42 U.S.c. 3535(d)), no person in the United States
shall on grounds of race, color,religion, sex or national origin be excluded
from participation in, denied the benefits of, or subjected to discrimination
under any program or activity funded in whole or in part with funds available
under this Agreement. (See also Attachment B.)
c. Conditions for religious organizations n The Subgrantee shall not grant or loan
any CDBG funds to primarily religious organizations for any activity including
secular activities. In addition, funds may not be used to rehabilitate or
construct housing owned by primarily religious organizations or to assist
primarily religious organizations in acquiring housing. In particular, there shall
be no religious or membership criteria for homeowners to be assisted under
this Agreement.
d. Labor standards n As herein structured, the program covered by this
Agreement is not subject to federal Labor Standards, including prevailing
(Davis-Bacon) wage rates for non-volunteer labor. Such standards will be
Page 5 of 19 Pages
applicable in the event CDBG funds are used for infrastructure improvements.
Such standards will also become applicable for any single structure in which
more than 7 housing units are assisted.
e. Environmental standards -- In accordance with 24 CFR 85.36, 92.352 and
570.604, the activities under this Agreement are subject to environmental
review requirements. Such requirements include, but are not necessarily limited
to, historic significance, floodplain, clean air and hazardous sites. The Grantee
has performed the tiered review necessary to initiate the preliminary program
activities; however, no CDBG funds shall be disbursed by the Grantee for a
given property prior to the Subgrantee's complying with the Grantee's
environmental procedures, including the Subgrantee's completion of the
required tier-2 environmental checklist and any required remedial actions. All
such actions shall be carried out by the Subgrantee using qualified persons or
entities. All property acquisitions shall be made contingent upon satisfactory
results of the environmental process. All specifications for proposed housing
rehabilitation under this Agreement shall be submitted to the Grantee's
Department of Planning, Building and Development for review as to compliance
with Section 106 of the National Historic Preservation Act. These specifications
shall also be reviewed by the Grantee's Environmental Administrator to
determine whether the potential for disturbing lead and other hazardous
. materials, such as asbestos, has been adequately taken into account. The
Subgrantee agrees to adjust work specifications or activities in such manner as
may be requested by the Grantee to ensure compliance with environmental
requirements. The results of the historic and other environmental review
activities shall be reflected in theSubgrantee's environmental checklist for the
unit and/or project site(s).
f. Displacement and relocation -- In accordance with 24 CFR 570.606, the
Subgrantee shall take all reasonable steps to minimize displacement as a result
of the activities described in section 1. Any persons displaced as a result of
the activities under this Agreement shall be provided relocation assistance to
the extent permitted and required under applicable regulations.
g. Emplovment and contracting opportunities -- In accordance with 24 CFR
570.607, the activities under this Agreement are subject to the requirements of
Executive Order 11246, as amended, and Section 3 of the Housing and Urban
Development Act of 1968. The former prohibits discrimination on federally-
assisted construction contracts and requires contractors to take affirmative
action regarding employment actions. The latter provides that, to the greatest
extent feasible and consistent with federal, state and local laws, employment
and other economic opportunities arising housing rehabilitation, housing
construction and public construction projects shall be, given to low- and very-
low-income persons. (See also Attachment B.)
h. Debarment and suspension -- In accordance with 24 CFR 24, the Subgrantee
shall not employ or otherwise engage any debarred, suspended, or ineligible
contractors or subcontractors to conduct any activities under this Agreement.
The Subgrantee will consult appropriate references, including, but not limited
to, the Excluded Parties Listing Service website at http.//epls.arnet.gov, to
ascertain the status of any third parties prior to engaging their services. The
Page 6 of19 Pages
Subgrantee will submit to the Grantee's Department of Planning, Building and
Development the names of contractors and subcontractors selected under this
Agreement, including a certification by the Subgrantee that it. has determined
that none of these entities are presently debarred, suspended, or ineligible.
L Uniform administrative reauirements -- The Subgrantee shall comply with the
requirements and standards set forth in 24 CFR 570502, and all applicable
CDBG and other federal regulations pertaining to the activities performed
under this Agreement.
j. Conflict of interest --In accordance with 24 CFR 570.611, no covered individual
who exercises any functions or responsibilities with respect to the program,
during his tenure or for one (1) year thereafter, shall have any interest, direct or
indirect, in any contract or subcontract, or the proceeds thereof, for work to be
performed in connection with the program assisted underthis Agreement. The
Subgrantee shall incorporate, or cause to be incorporated, in any contracts or
subcontracts pursuant to this Agreement a provision prohibiting such interest
pursuant to the purposes of this section.
12. UNANTICIPATED ARCHEOLOGICAL DISCOVERIES
In the event that a previously unidentified archeological resource (Le., intact levels or
intact features such as a foundation) is discovered during ground disturbing
activities, the Subgrantee shall immediately notify the Grantee, which in turn will
notify the State Historic Preservation Office (SHPO). All construction work involving
subsurface disturbance will be halted in the area of the resource and in the
surrounding area where further subsurface remains can reasonably be expected to
occur. The Grantee and the SHPO or a qualified archeologist approved by the
Grantee and SH~O will immediately inspect the work site and determine the area and
the nature of the affected archeological property. Construction work may then
continue in the project area outside the site area. Within two (2) working days ofthe
original notification of discovery, the Grantee in consultation with the SHPO will
determine the National Register eligibility ofthe resource. Work in the affected area
shall not proceed until either the development and implementation of an
appropriate treatment plan or the determination is made that the located resource is
not eligible for inclusion on the National Register. The discovery of isolated artifacts
shall not be cause for halting construction work.
Note: The discovery of human skeletal remains and associat~d funerary objects
encountered puring the course of actions taken as a result of this Agreement shall
be treated in accordance with the Regulations Governing Permits for the
Archaeological removal of Human Remains (Virginia Register 390-01-02) found in the
Code of Virginia (10.1-2305, et seq., Virginia Antiquities Act). The Subgrantee, in
coordination with the Grantee, will obtain a permit from the SHPO for the removal of
human remains in accordance with these regulations.
13. ANTI-LOBBYING
To the best ofthe Subgrantee's knowledge and belief, no federal appropriated funds
Page 7 of 19 Pages
have been paid or will be paid, by or on behalf of it, to any persons for influencing or
attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member.of
congress in connection with the awarding ofany Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative agreement. If any funds otherthan
Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Agreement, the Subgrantee will
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
14. EQUAL EMPLOYMENT OPPORTUNllY
Non-Discrimination: During the performance of this Agreement, the Subgrantee
agrees as follows:
a. The Subgrantee will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age, disability,
or any other basis prohibited by state law relating to discrimination in
employment, except where there is a bona fide occupational qualification
reasonably necessary to the normal operation of the Subgrantee. The
Subgrantee agrees to post inconspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
b. The Subgrantee,.in all solicitations or advertisements for employees placed by
or on behalf of the Subgrantee, will state that such Subgrantee is an equal
opportunity employer.
c. Notices, advertisement and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
d. The Subgrantee will include the provisions of the foregoing subsections (a), (b)
and (c) in every contract or purchase order of over ten thousand dollars and no
cents ($10,000.00) so that the provisions will be binding upon each contractor
, or vendor. .
1 5. DRUG-FREE WORKPLACE
The Subgrantee will: (i) provide a drug-free workplace for the Subgrantee's
employees; (ii) post inconspicuous places, available to employees and applicants for
employment, a statement notifying employees that the unlawful manufacture, sale,
distribution, dispensation, possession, or use of a controlled substance or marijuana
is prohibited in the Subgrantee's workplace and specifying the actions that will be
taken against employees for violations of such prohibition; (iii) state in all
solicitations or advertisements for employees placed by or on behalf of the
Subgrantee that the Subgrantee maintains a drug-free workplace; and (iv) include
Page 8 of 19 Pages
the provisions of the foregoing clauses in every subcontract or purchase order of
over ten thousand dollars and no cents ($10,000.00), so that the provisions will be
binding upon each subcontractor or vendor. For the purposes of this subsection,
"drug-freeworkplace" means a site for the performance of work done in connection
with this contract.
16. FAITH-BASED ORGANIZATIONS
Pursuant to '2.2-4343.1 of the Code of Virginia (1950). as amended. the City of
Roanoke does not discriminate against faith-based organizations.
17. COMPLIANCE WITH IMMIGRATION LAW:
Pursuant to ~ 2.2-4311.1 ofthe Code of Virginia, the Subgrantee does not, and shall
not during the performance of this Agreement in the Commonwealth, knowingly
employ an unauthorized alien as defined in the federal Immigration Reform and
Control Act of 1986.
18. INDEMNITY:
The Subgrantee agrees and binds itself and its successors and assigns to indemnify,
keep and hold the Grantee and its officers, employees, agents, volunteers and
representatives free and harmless from any liability on account of any injury or
damage of any type to any person or property growing out of or directly or
indirectly resulting from any act or omission of the Subgrantee including: (a) the
Subgrantee's use ofthe streets or sidewalks of the Grantee or other public property;
(b) the performance under this Agreement; (c) the exercise of any right or priviJege
granted by or under this Agreement; or (d) the failure, refusal or neglect of the
Subgrantee to perform any duty imposed upon or assumed by Subgrantee by or
under this Agreement. In the event that any suit or proceeding shall be brought
against the Grantee or any of its officers, employees, agents, volunteers or
representatives at law or in equity, either independently or jointly with the
Subgrantee ~:>n account thereof, the Subgrantee, upon notice given to it by the
Grantee or any of its officers, employees, agents, volunteers or representatives, will
pay all costs of defending the Grantee or any of its officers, employees, agents,
volunteers or representatives in any such action or other proceeding. In the event
of any settlement or any final judgment being awarded against the Grantee or any of
its officers, employees, agents, volunteers or representatives, either independently
or jointly with the Subgrantee, then the Subgrantee will pay such settlement or
judgment in full or will comply with such decree, pay all costs and expenses of
whatsoever nature and hold the Grantee or any of its officers, employees, agents,
volunteers or representatives harmless therefrom.
19. THIRD-PARTY CONTRACTS
The Grantee shall not be obligated or liable hereunder to any party other than the
Subgrantee.
20. INDEPENDENTPARTIES:
The relationship between the Subgrantee and the Grantee is not intended in anyway
Page 9 of19 Pages
to create a legal agency or employment relationship. Both parties acknowledge that
neither is an agent, partner or employee of the other for any purpose. The
Subgrantee shall be responsible for causing all required insurance, workers'
compensation and unemployment insurance to be provided for all of the
Subgrantee's employees and subcontractors. The Subgrantee shall be responsible
for all actions ofthe Subgrantee, its employees, agents and any ofthe Subgrantee's
subcontractors, and that they are properly licensed.
21. SUSPENSION AND TERMINATION:
In the event the Subgrantee materially fails to comply with any term of the
Agreement, the Grantee may suspend or terminate, in whole or in part, this
Agreement or take other remedial action in accordance with 24 CFR 85.43. No
payment will be made for expenses incurred after Subgrantee's receipt of notice of
termination, except those expenses incurred prior to the date of notice that are
necessary to curtailment of operations under this Agreement. The Agreement may
be terminated for convenience in accordance with 24 CFR 85.44.
22. 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 Q
receipt requested to the addresses stated below.
To the Grantee:
Darlene L. Burcham, City Manager
Room 364, Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011
A copy of all notices shall be provided,to:
Meg Munton, Budget Analyst
Dept. of Planning, Building and Development
215 Church Avenue, SW, Room 354
Roanoke, VA 24011.
To the Subgrantee:
Ed Murray, EXE:!cutive Director
Rebuilding Together, Roanoke, Inc.
P. O. Box 4532
Roanoke, Virginia 24015
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.
23. SUCCESSORS
This Agreement shall be binding upon each of the parties, and. their assigns,
purchasers, trustees, and successors.
24. ENTIRE AGREEMENT
This Agreement, including all of its Attachments, represents the entire agreement
Page 10 of 19 Pages
between the parties and shall not be modified, amended, altered or changed, except
by written agreement executed by the parties.
25. AMENDMENTS
The Grantee may, from time to time, require changes in the obligations of the
Subgrantee hereunder, or its City Council may appropriate further funds for the
implementation ofthis rehabilitation project. In such event or events, such changes
which are mutua/iy agreed upon by and between the Grantee and the Subgrantee
shall be incorporated by written amendment to this Agreement.
26. GOVERNING LAW
This Agreement shall be governed by laws of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year hereinabove written:
ATTEST:
CITY OF ROANOKE, VIRGINIA
By
Stephanie M. Moon, City Clerk
By
Darlene L. Burcham, City Manager
ATTEST:
REBUILDING TOGETHER, ROANOKE, INC.
By
Secretary to the Board
By
Ed Murray, Executive Director
APPROVED AS TO CDBG ELIGIBILITY
APPROVED AS TO FORM
Dept. of Planning, Building & Development
Assistant City Attorney
APPROVED AS TO EXECUTION
APPROPRIATION AND FUNDS
FOR THIS CONTRACT CERTIFIED
Page 11 of 19 Pages
Assistant City Attorney
Director of Finance
Date
Account# 35-G09-0920-5486 ($72,000.)
35-G09-0920-5498 ($8,000.)
Page 12 of 19 Pages
Attach me nts
Attachment A - Housing/Beneficiary Reporting Elements
Attachment B - Special Federal Terms and Conditions
, Attachment C - Subrecipient Insurance Requirements
Page 13 of19 Pages
Attachment A
Housing/Beneficiary Reporting Elements
On a monthly basis, the Subgrantee shall provide a narrative report to the Grantee
summarizing progress on the project to-date. Accompanying the narrative, the Subgrantee
shall submit data in a table or spreadsheet format that is needed in order that the Grantee
may complete its required reports to HUD. Data provided by the Subgrantee shall include:
Property
Address
Number of bedrooms
Status (pending, under construction, completed or sold)
Homeowner
Name
Total family income (projected for 12 months following determination)
Number in family
Ethnic group
Whether family is headed by a single female
Whether head of household is disabled
CDBG funds committed to property
Prime Contractor (if applicable)
Name
Federall.D. Number (or Owner Social Security Number)
Whether Minority-Owned, Women-Owned or Both
CDBG funds committed to Prime
Subcontractor (if applicable; provide separate data for each subcontractor)
Name
Federall.D. Number (or Owner Social Security Number)
Whether Minority-Owned, Women-Owned or Both
CDBG funds committed to Subcontractor
Page 14 of 19 Pages
Attachment B
u.s. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIAL TERMS AND CONDITIONS
(Agreements $10,000 or Over)
i. "Section 3" Compliance -- Provision of TraininQ. Employment and Business Opportunities:
a. The work to be performed under this contract is on a project assisted under a program
providing direct Federal financial assistance from the Department of Housing and
Urban Development and is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 U.s.e. 170. Section 3 requires
that to the greatest extent feasible opportunities for training and employment be
given lower income residents of the project area and contracts for work in connection
with the project be awarded to business concerns which ar"e located in, or owned in
substantial part by persons residing in the area of the project.
b. The parties to this contract will comply with the provisions of said Section 3 and the
regulations issued pursuant thereto by the Secretary of Housing and Urban
Development set forth in 24 CFR 135, and all applicable rules and orders of the
Department issued thereunder prior to the execution of this contract. The parties to
this contract certify and agree that they are under no contractual or other disability
which would prevent them from complying with these requirements.
c. The Subgrantee will send to each labor organization or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, if
any, a notice advising the said labor organization or workers' representative of his
commitments under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment ortraining..
d. The Subgrantee will include this Section 3 clause in every subcontract for work in
connection with the project and will, at the direction of the applicant for or recipient
of Federal financial assistance, take appropriate action pursuant to the subcontract
upon a finding that the contractor is in violation of regulations issued by the Secretary
of Housing and Urban Development 24 CFR Part 135. The Subgrantee will not
subcontract with any contractor where it has notice or knowledge that the latter has
been found in violation of regulations under 24 CFR part 135 and will not let any
subcontract unless the contractor has first provided it with a preliminary statement of
ability to comply with the requirements of these regulations.
e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part
135, and all applicable rules and orders of the Department issued hereunder prior to
the execution of the contract, shall be a condition of the federal financial assistance
provided to the project, binding upon the applicant or recipient for such assistance, its
successor and assigns. Failure to fulfill these requirements shall subject the applicant
or recipient, its Subgrantees and contractors, its successors and assigns to those
sanctions specified by the grant or loan agreement or contract through which Federal
assistance is provided, and to such sanctions as are specified by 24 CFR Part 135.
2. EQual Employment Opportunity: Contracts subiect to Executive Order 11246. as amended:
Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR
Part 130 applicable to HUD-assisted construction contracts.
Page 15 of 19 Pages
The Subgrantee shall cause or require to be inserted in full in any non-exempt contract and
subcontract for construction work, or modification thereof as defined in said regulations,
which is paid for in whole or in part with assistance provided under this Agreement, the
following equal opportunity clause: "During the performance of this contract, the
Subgrantee agrees as follows:
a. The Subgrantee will not discriminate against any employee or applicant for
employment because"of race, color, religion, sex or national origin. The Subgrantee
will take affirmative action to ensure that applicants are employed and that employees
are treated during employment without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of payor other forms of compensation; and selection for
training, including apprenticeship. The Subgrantee agrees to post in conspicuous
places available to employees and applicants for employment, notices to be provided /
by the contracting officer setting forth the provisions of this nondiscrimination clause.
b. The Subgrantee will, in all solicitations or advertisements for employees placed by or
on behalf of the Subgrantee, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex or national
origin.
c. The Subgrantee will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice
to be provided by the Contract Compliance Officer advising the said labor union or
workers' representatives of the Subgrantee's commitment under this section and shall
post copies of the notice in conspicuous places available to employees and applicants
for employment.
d. The Subgrantee will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor.
e. The Subgrantee will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records
and accounts by the Department-and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations and orders.
f. n the event of the Subgrantee's noncompliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations or orders, this contract may be
canceled, terminated or suspended in whole or in part, and the Subgrantee may be
declared ineligible for further Government contracts or Federally-assisted construction
contract procedures authorized in Executive Order 11246 of September 24, 1965, or
by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law.
g. The Subgrantee will include the portion of the sentence immediately preceding
paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or
purchase order unless exempted by rules, regulations or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each contractor or vendor. The
Subgrantee will take such action with respect to any subcontract or purchase order as
the Department may direct as a means of enforcing such provisions,including
sanctions for noncompliance; provided, however, that in the event a Subgrantee
becomes involved in or is threatened with litigation with a contractor or vendor as a
result of such direction by the Department, the Subgrantee may request the United
States to enter into such litigation to protect the interest of the United States."
Page 16 of 19 Pages
The Subgrantee further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in Federally-assisted
construction work; provided, that if the Subgrantee so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on or
under the contract. The Subgrantee agrees that it will assist and cooperate actively with the
Department and the Secretary of Labor in obtaining the compliance of Subgrantees and
contractors with the equal opportunity clause and-the rules, regulations and relevant orders
, of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such
compliance; and that itwill otherwise assist the Department in the discharge of its primary
responsibility for securing compliance.
The Subgrantee further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a Subgrantee
debarred from, or who has not demonstrated eligibility for Government contracts and
Federally-assisted construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon Subgrantees and contractors by the Department or the Secretary of Labor
pursuant to Part II, Subpart D, of the Executive Order. In addition, the Subgrantee agrees
that if it fails or refuses to comply with these undertakings, the Department may take any or
all of the following a~tions: cancel, terminate or suspend in whole or in part the gr:ant or
loan guarantee; refrain from extending any further assistance to the Subgrantee under the
Program with respect to which the failure or refusal occurred until satisfactory assurance of
future compliance has been received from such Subgrantee; and refer the cause to the
Department of Justice for appropriate legal proceedings.
3. Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This Agreement is
subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD
regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale,
lease or other transfer of land acquired, cleared or improved with assistance provided under
this Agreement, the Subgrantee shall cause or require a covenant running with the land to
be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis
or race, color, religion, sex or national origin, in the sale, lease or rental, or in the use of
occupancy of such land or any improvements erected or to be erected thereon, and
providing that the Subgrantee and the United States are beneficiaries of and entitled to
enforce such covenant. The Subgrantee, in undertaking its obligation in carrying out the
program assisted hereunder, agrees to take such measures as are necessary to enforce such
covenant and will not itself so discriminate.
4. Section 504 and Americans with Disabilities Act:
The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance
with the Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with
Disabilities Act, which prohibit discrimination against the disabled in any federal assisted
program.
5. ObliQations of Subgrantee with Respect to Certain Third-party RelationshiDs: The
Subgrantee shall remain fully obligated under the provisions of th'e Agreement,
notwithstanding its designation of any third party or parties for the undertaking of all or
any part of the program with respect to which assistance is being provided under this
Agreement to the Subgrantee. Any Subgrantee which is not the Applicant shall comply with
all/awful requirements of the Applicant necessary to insure that the program, with respect
to which assistance is being provided under this Agreement to the Subgrantee is carried out
in accordance with the Applicant's Assurances and certifications, including those with
respect to the assumption of environmental responsibilities of the Applicant under Section
1 04(h) of the Housing and Community Development Act of 1974.
Page 17 of 19 Pages
6. Interest of Certain Federal Officials: No member of or delegate to the Congress of the
United States, and no Resident Commissioner, shall be admitted to any share or part of this
Agreement or to any benefit to arise from the same.
7. Prohibition Against Payments of Bonus or Commission: The assistance provided under
this Agreement shall not be used in the payment of any bonus or commission for the
purpose of obtaining HUD approval of the application for such assistance, or HUD approval
or applications for additional assistance, or any other approval or concurrence of HUD
required under this Agreement, Title I of the Housing and Community Development Act of
1974, or HUD regulations with respect thereto; provided, however, that reasonable fees or
bona fide t,echnical, consultant, managerial or other such services, other than actual
solicitation, are not hereby prohibited if otherwise eligible as program costs.
8. "Section 109": This Agreement is subject to the requirements of Section 1 09 of the Housing
and Community Development Act of 1974, 42 USe. 3535(d). No person in the United
States shall on the ground of race, color, religion, sex or national origin be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with fu.nds available under this title.
9. Access to Records and Site of Employment: This agreement is subject to the requirements
of Executive Order 11246, Executive Order 1375, Civil Rights Act of 1964, as amended.
Access shall be permitted during normal business hours to the premises for the purpose of
conducting on-site compliance reviews and inspecting and copying such books, records,
accounts, and other material as may be relevant tot he matter under investig,ation and
pertinent to compliance with the Order, and the rules and regulations promulgated pursuant
thereto by the Subgrantee. Information obtained in this manner shall be used only in
connection with the administration of the Order, the administration of the Civil Rights At of
1964 (as amended) and in furtherance of the purpose of the Order and that Act.
10. LeQal Remedies for Contract Violation: If the Subgrantee materially fails to comply with
any term of this Agreement, whether stated in a Federal statute or regulation, an assurance,
in a State plan or application, a notice of award, or elsewhere, the City may take one or more
of the following action, as appropriate in the circumstances:
a. Temporarily withhold cash payments pending correction of the deficiency by the
Subgrantee,
b. Disallow allor part of the cost of the activity or action not in compliance,
c. Wholly or partly suspend or terminate the current Agreement, or
d. Take other remedies that may be legally available.
Page 18 of 19 Pages
Attachment C
City of Roanoke
Subrecipient Insurance Requirements
Your attention is directed to the insurance requirements below. Particular attention should
be given to Best's Guide rating requirement listed below. Please consult your insurance
carrier(s) or broker(s) regarding the insurance as prescribed and provided herein. Failure to
comply with and maintain insurance requirements may result in the interruption, suspension
or termination of the activities under this Agreement. .
Type of Insurance Coverage
General Auto Liability Workers'
Liability Compensation
Required by contract? Yes Yes N/A
Workers'
$1,000,000 . $250,000 Compensation
Minimum Limits of Combined Combined to Statutory
Coverage Single Limit Single Limit Limits;
Per Per Accident $100/500/100
Occurrence Employers'
Liability Limit
Minimum Best's Guide A-Vl!; must be A-Vl!; must be A-Vl!; must be
Rating / Other an admitted an admitted an ad mitted
Requirements insurer insurer insurer
,
Additional Insured Yes N/A N/A
Endorsement Required?
Waiver of Subrogation? Yes N/A N/A
Comments None
Any insurance certificates evidencing coverage for which an additional insured
endorsement is required must contain substantially the following language, 'The City of
Roanoke, its officers, agents, employees and volunteers are added as additional insureds."
Additional insured coverage must be primary and the city's insurance program must be
non-contributory.
Page 19 of 19 Pages
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
STEPHANIE M. MOON, CMC yroanokeva.gov
City Clerk
SHEILA N. HARTMAN. CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
December 4, 2008
Darlene l. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 383'02-120108 amending and
reordaining Section 32-86, Financial eligibility, Code of the City of
Roanoke (1979), as amended, by adding a new subsection (h) increasing
from $34,000.00 to $42,000.00 the total combined annual income
threshold and increasing from $125,000.00 to $160,000.00 the net
combined financial worth threshold for qualification' for real estate tax
exemption for elderly and disabled persons for the tax year commencing
July 1, 2009; and amending current subsection (h) of Section 32-86,
Financial eligibility, to redesignate such subsection as subsection (i).
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 1, 2008, and is in
full force and effect upon its passage.
Sincerely,
. r:'m~
Stephanie M. Moon, CMC
City Clerk
Attachment
L:\CLERK\DATA\CKEWl \ AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 12008
correspondence. doc
Darlene L. Burcham
December 4,2008
Page 2
pc: Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida
32316
The Honorable Sherman A. Holland, Commissioner of the Revenue
The Honorable Evelyn W. Powers, City Treasurer
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Raymond F. Leven, Office of the Magistrate
Lora A. Wilson, Law Librarian
William M. Hackworth, City Attorney
Ann.H. Shawver, Director of Finance
Susan Lower, Director of Real Estate Valuation
R. Brian Townsend, Assistant City Manager for Community
Development
Sherman M. Stovall, Director, ManagE!ment and Budget
Cecelia R. Tyree, Assistant Deputy City Clerk
L:\CLERK\DATA\CKEWl \ AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 12008
correspondence. doc
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of December, 2008.
No. 38302-120108.
AN ORDINANCE amending and reordaining S32-86, Financial eligibility, Code of the City
of Roanoke (1979), as amended, by adding a new subsection (h) increasing from $34,000 to $42,000
the total combined annual income threshold and increasing from $125,000 to $160,000 the net
combined financial worth threshold for qualification for real estate tax exemption for elderly and
disabled persons for the tax year commencing July 1, 2009; amending current subsection (h) ofS32-
86, Financial eligibility, to redesignate such subsection as subsection (i); and dispensing with the
second reading of this ordinance.
BE IT ORDAINED by the Council ofthe City of Roanoke as follows:
1. Section 32-86, Financial eligibility, Code ofthe City of Roanoke (1979), as amended,
is amended and reordained as follows:
S32-86. Financial eligibility.
***
(h) For the tax year commencing July 1, 2009, and for subsequent tax
years, the total combined income as defined in subsection (a) above of any owner
claiming an exemption under this division as of the thirty-first day of December of
the immediately preceding calendar year shall not exceedforty-two thousand dollars
($42,000.00), and the net combined financial worth as defined in subsection (a)
above as of the thirty-first day of December of the immediately preceding calendar
year shall not exceed one hundred and sixty thousand dollars ($160,000.00).
(hi) A change in ownership to a spouse less than sixty-five (65) years of
age or not permanently and totally disabled, which results solely from the death of his
or her qualified spouse, shall result in a pro rata exemption for the then current
taxable year. Such prorated portion shall be determined by multiplying the amount of
the exemption by a fraction wherein the number of complete months ofthe tax year
such property was properly eligible for such exemption is the numerator and the
number twelve (12) is the denominator.
K:\Measures\Code Amendment 32-86 Elderly Tax 2009.doc
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading
ofthis ordinance by title is hereby dispensed with.
/<<- (,
I
ATTEST: / ( ,
~~\, yY\~&N
City 'Cled,(;, , ~
K:\Measures\Code Amendment 32-86 Elderly Tax 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: clerk@roanokeva.gov
SHEILA N. HARTMAN. CMC
Deputy City Clerk
CECELIA R. 1YREE
Assistant Deputy City Clerk
STEPHANIE M. MOON. CMC
City Clerk
December 4, 2008
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared before the Council
at its regular meeting held on Monday, December 1, 2008, with regard to a
briefing on the Washington Park Master Plan that was presented to the
Council during its 9:00 a~m. Informal Work Session.
Without objection by the Council, the Mayor referred the comments to you
for review and report. .
Sincerely,
, ~~m/)~
Stephanie M. Moon, CM~
City Clerk
Attachment
pc: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., Roanoke, Virginia
24016
L:\CLERK\DATA\CKEWl\AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 12008
correspondence. doc
12/01/08 (2:00 pm) CITY COUNCIL MEETING - MS. BETHEL COMMENTS
Ms. Evelyn Bethel, 35 Patton Avenue, N. E., appeared before the Council
and spoke with regard to her concerns regarding the information given at the
morning session on Washington Park. She stated that she had a lot of
information gathered by the Washington Park Committee, which was formed at
the City Manager's suggestion around 2001 or 2002, when the park was in
danger of being sold to another entity in the City. She pointed out that the
Committee met faithfully for about two years, and presented their Washington
Park Comprehensive Plan to the City Manager. The Committee then asked the
City Manager for an opportunity to present the plan out to the community; in
response, they received a communication dated May 2, 2002, from the City
Manager indicating that a community meeting would be held at the appropriate
time to present the Washington Park Committee's work; but the community
meeting was never scheduled. She expressed the Committee's disappointment
at the time when elaborate plans concerning the pool were released; and her
disappointment when she was denied the opportunity to appear before the
Council and present the Committee's plan other than under Section 11, Hearing
of Citizens Upon Public Matters, which would only allow her 3-5 minutes of time
to speak. She requested that the Council review the record and reports on this
matter to understand what the community stated they would prefer in Washington
Park; and stated that she thought that Washington Park was not the appropriate
location for a regional swimming pool.
Without objection of the Council, the Mayor referred Ms. Bethel's
comments to the City Manager.
Mayor Bower's pointed out that the City Manager was not present, but that
Mr. Townsend was taking notes on the matter. He stated that, if there has not
been a meeting because of a delay over the years of the project, the time is now
to have the citizens and the neighborhood, involved. He suggested that Mr.
Townsend include representatives from Addison Middle School, the Reverend
Johnny Stone of Hill Street Church, the Reverend Wright of First Baptist Church,
along with other ministers in the area, the schools in the area and the.
neighborhoods around Washington Park. He commented that he was aware that
everyone was busy during the holidays, but before the matter comes back to the
Council, he thought it was important to make sure the citizens were involved.
Vice Mayor Lea stated he needed some clarification; he understood that
the Washington Park neighborhood may oppose a regional swimming pool there,
but asked if what Ms. Bethel was saying this morning was that the neighborhood
would oppose enhancing the current swimming pool.
Ms. Bethel stated that she could not say whether or not the neighborhood
would oppose enhancing the pool; it seemed to her there was a tendency by the
City to have a regional pool, which would bring people from all over the area to
use the facility, with an increase in the admission rate. She pointed out that a
dollar more per child could make a big difference to those that live in the
northwest area. She pointed out the parking issues that would occur with a
regional pool; the fact that parking would spill out into the residential area which
already has limited parking on narrow streets. She further stated that a lot of
consideration needs to be given to transferring a community pool into a regional
pool, especially since Washington Park is so small. She further stated, that the
Committee's comprehensive plan contained some things the City related that
could not be done, but when the City decided to come through with the
greenway, some of those things that could not be done were done - - just like
that. She pointed out that there was no communication with the people that live
in the area or outside the area. She referred to the recent dog park and the
issues that were raised by citizens who where for and against it, pointing out that
at least they were given an opportunity to express themselves.
Mayor Bowers advised Ms. Bethel that he wanted to assure her that the
Council would provide an opportunity for her or the representatives of the
neighborhoods to be heard on this or any issue, and that it is always, in his
opinion, a paramount concern that the public be heard. He again stated that her
comments would be referred to the City Manager for review and report.
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
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA R. 1YREE
Assistant Deputy City Clerk
December 4, 200~
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At the regular session of the Council of the City of Roanoke held on
Monday, December 1, 2008, Council Member Trinkle requested that the
matter of possibly reducing the City's personal property tax rate for
citizens that are registered owners of hybrid vehicles be referred to the
2009-2010 Budget Study, in order to give the Council an idea of the
implication that the reduction might have on the City's' budget.
Sincerely,
" 'rY1. ~
Stephanie M. Moon, CMC
City Clerk
pc: The Honorable Sherman' A. Holland, Commissioner of the Revenue
The Honorable Evelyn W. Powers, City Treasurer
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community
Development
Sherman M. Stovall, Director, Management and Budget
L:\CLERK\DATA\CKEWl\AGENDA CORRESPONDENCE\agenda correspondence 08\Dec 08\Dec 12008
correspondence. doc
ROANOKE CITY COUNCIL
RECESSED SESSION
DECEMBER 1 5, 2008
11 :00 A.M.
ROOM 159
AGENDA
1 . Call to Order--RolI Call.
2. Statement of Purpose. Mayor Bowers.
3. Recommended Budget Calendar
4. Budget Development - Historical Overview
5. Revenue Budget and Expenditure Budget
a. Overview by Major Category
6. FY 2009 Budget - Current Information
a. Key Revenue Issues
b. Key Expenditure Issues
C. Strategies Implemented to Address Budget Issues
7. FY 2010 Budget - Preliminary Information
a. Preliminary Revenue Estimate
b. Preliminary Priority Expenditures
1
8. Capital Improvement Program
a. Infrastructure Project Information
b. Potential Priority Projects (Not in CIP)
c. Planned Debt Issuance
d. Debt Capacity
e. Unspent Bond Funds
9. Adjournment.
2
~
;..-
s
City Council
Preliminary Financial Planning
December 15, 2008
Agenda
[] Budget Calendar
13 Budget Development - Historical Overview
o Revenue Budget and Expenditure Budget
o Overview by Major Category
o FY 2009 Budget - Current Information
o Key Revenue Issues
o Key Expenditure Issues
o Strategies Implemented to Address Budget Issues
o FY 2010 Budget (Preliminary Information)
o Preliminary Revenue Estimate
o Preliminary Priority Expenditures
1
Agenda
o Capital Improvement Program
o Infrastructure Project Information
o Potential Priority Projects (Not in CIP)
o Planned Debt Issuance
o Debt Capacity
o Unspent Bond Funds - 2006 and Prior
Recommended
Council Budget Calendar
o Mini-Financial Planning Work Session - December 15th
o Financial Planning Work Session - February 20th
o Alternate Date - February 13th
o Advertisement of Real Estate Tax Rate - March 31,2009
o Council Member Briefings - Recommended Budget - Week of
April 13th
o Public Presentation of Recommended Budget - April 20th
o Advertisement of Budget Public Hearing
o Public Hearing - April 30th
o Budget Study - May 7th and 8th
o Budget Adoption - May 11 th
2
----
Budget Development
Historical Overview
o Over the past four budget cycles:
o Provided additional operating funding to Schools
o Increased support for School Capital Projects
o Enhanced employee compensation
o Allocated additional funding for inflationary costs
o Enhanced selected programs and services
c Libraries, Code Enforcement, Sworn Police Officers,
Greenway Maintenance, Brand Marketing
o Increased debt service funding to support planned capital
projects
o Increased funding for equipment replacement, building
maintenance, technology, and street paving in the operating
budget
" Previously relied on appropriating funding from the fund
balance (General Fund)
~
Budget Development
Historical Overview
[;~::~;~~';';;.,,=-::; ::::: ,:~:~::;:,::;;,;:;;;J
El Budget balancing facilitated via:
o Moderate growth in local revenue
D Until FY 2009, moderate growth in dedicated state revenue
CI Fee adjustments, when appropriate, to recover program co~~s
Cl Until FY 2009, made selected reductions based on options submitted
by departments and limited reductions in specific categories
a Unfunded/eliminated limited number of vacant positions, adjusted
program hours/sites, and categorical funding reductions
(administrative supplies, expendable equipment, overtime)
o In FY 2009, made more specific program/service level
adjustments and additional position adjustments
\0 Eliminated summer intern program, closed two fitness centers,
restructured Police Customer Service window during night shift,
adjusted Fire-EMS resources based on increase in EMS demand,
adjusted Library hours, reduced General Relief program funds
a Eliminated 33 positions and unfunded 11 positions
3
Budget Development
Historical Overview
o Limited Tax Rate Adjustments
o FY 2006 - Meals tax increased from 4% to 5% - Half of
incremental revenue used to cover debt service for William
Fleming
o FY 2007 - Real estate tax decreased from $1.21 to $1.19
and Cigarette tax increased for $.27 to $.54
o Cigarette tax increased to offset real estate tax rate
reduction and hold Schools harmless
Revenue Budget by Major Category
Fiscal Year 2009
Cl Real Estate Tax
o Intergovernmental
o Personal Property
a Sales
a Business License
a Prepared Food
a Charges for Services
o Utility
o Other Local Taxes
o Other
o TOTAL
$79.1M
$68.7M
$22.5M
$21.3M
$12.8M
$12.IM
$1O.8M
$ 9.6M
$ 4.9M
$18.1M
$259.9M
Intergovt
26%
Prepared
Food
5%
Charges for
Services
4%
Utility
4%
4
Expenditure Budget By Major Category
Fiscal Year 2009
[) Schools
Cl Public Safety
o Health & Welfare
o Public Works
lJ Debt Service
o General Gov.
@ Parks, Rec. & Cult.
D Judicial Admin.
o Community Dev.
D Capital Projects.
D All Other
D TOTAL
$70.IM
$61.8M
$39.9M
$25.9M
$1404M
$13.3M
$11.4M
$ 8.1M
$ 6.0M
$ 204M
$ 6.6M
$259.9M
Public Works
100/.
Parka, Ree.&
Cultural
4%
Community
Dey.
2%
FY 2009 ~ Current Revenue Status
o Local taxes - overall, fairing well
o Roanoke will meet real estate estimate
. 0 Sales tax up 4.3% through October retail sales
o Lodging, food up 3.5%, 1.1 % respectively
o Large categories of BPOL and Personal Property due
in Spring
o Declines in cigarette, telecommunications, recordation,
electric utility, admissions
o Funding from Commonwealth - mid year reductions
o Local Law Enforcement - $239,000
o Compensation Board - $103,500
o Other Local Revenues (Charges and Fees)
o Prisoner revenues under budget
o Others performing satisfactorily year to date
10
5
FY 2009 - Revenue Concerns
\
o Sales tax - despite year to date growth, projection for
year is for decline
o Personal property tax - Spring due date (May 31 st) -
heavily impacted by consumer spending and
confidence, anticipating potential decline of 5%
o Business license tax - gross receipts tax, due March
1 st, again, heavily impacted by economy and
business performance; anticipating a decline
o Bank stock tax - as impacted by financial markets,
decline is expected, also spring due date
11
FY 2009 - Identified Expenditure Issues
o State Reductions
o Local Law Enforcement - $239,000
o State Pay Raise - $103,500
o Workers' Compensation - Medical and Wages
o Based on current expenditures, additional funding of
$875,000 may be needed
o FY 2008 - Additional funding of $1.5 million needed
o Comprehensive Services Act
o Additional funding of $881,000 may be needed
o Motor Fuels - $176,000
o Departments working to absorb expense
12
6
FY 2009 - Identified Expenditure Issues
Contingency Plans
o Hirinq Freeze
o Exceptions considered for public safety positions, positions
. associated with ensuring citizen health and welfare, and
positions associated with generating/collection revenue
[] Frozen Travel and Expendable Equipment Purchases
CJ City Manager Direct Reports
o Requires ACM/City Manager Approval
o Frozen Technoloqy Capital Fundinq
o Holding $462,000 of $1.3 million
D Funding expended for debt service and infrastructure
o Frozen Fleet Replacement Fundinq
o Holding $1.5 million of $2.8 million
o Public Safety vehicles scheduled for replacement have been
purchased
13
FY 2009 - Identified Expenditure Issues
Contingency Plans
o General Contingency - $887,000
o Position Turnover Savinqs - $315,000
o Current projected savings above budget
14
7
FY 2010 Preliminary Revenues
o FY10 Preliminary Estimate $256.3 million
o Decrease of $3.6 million or 1.40/0 from FY09
adopted revenues
o Typical preliminary revenue increase of at
least $4 million - in one recent year as much
as $12 million
o Decline affects City and School funding
o Fueled by local tax contractions as well as
decreased State funding
15
General Property Taxes
o Real Property Tax .
o Assessment cycle assures estimate
o 30% of General Fund revenues
o FY10 reassessment -1.5% comprised of
o Anticipated reassessment of .7%
o Estimated new construction is .8%
o Expansion of elderly/disabled relief reduces $250k
o Personal Property Tax
o May 31 st due date, Spring filing season
o 3rd largest local tax
o Based on historical recessions, preliminary estimate allowing
for 5% contraction in both FY09 and again in FY10
o Overall estimate brings FY10 down $1. 7M from FY09
o Further research/analysis pending
16
8
Key Local Taxes
o Sales tax
o 2nd largest local tax, appx $21 M
o Remitted to City monthly by Commonwealth
o FY10 prediction allows for 3% decline since FY08
8 Based on trends observed in other recessionary times, belief
that strong growth will follow end of recession, rebounding
performance by end FY10
o Currently up 4% but future months' performance expected to
worsen
o Business Professional Occupational License Tax ("BPOL")
o 4th largest local tax, appx $12M
[;J Due March 1 st, based on prior calendar year gross receipts
o FY10 estimate based on prior year recessionary trends,
patterns associated with sales tax
o BPOL decline will lag sales tax decline based on timing of
tax cycles
17
Key Local Taxes
13 Prepared Food
o 5th largest local tax, rivaling BPOL for position
o Roanoke has never experienced a year to year decline
in this tax
o FY10 anticipating lower growth than in normal
economy
o Estimate of $12M, up .5% from FY09
o Telecommunications Tax
o 6th largest tax, $7.8M expected in FY10
o Tax commenced 1/1/07 to replace various
communications taxes
o Current year performance is down, thus FY10
prediction hedged until trend can be further evaluated
18
9
Notes on Other Local Taxes
o Utility taxes (water, gas, electric)
[J Stable; consumption driven; prices impact little
o $9.5M in total
o Cigarette tax
o $2.9M; lower than FY09 adopted. Economy, consumer
habits have affected; down 11 %.
o Transient occupancy ("lodging")
o Under $3M; FY09 doing well, little growth expected in FY10
o Motor Vehicle $1.8M; stable
o Recordation - -$1 M, real estate contraction has slowed
o Bank stock tax - small (<$1 M), but expected to be weakened by
financial crisis
o Admissions also small (<$.5M), economy has dampened but
Taubman Museum will aid
19
Intergovernmental Revenues
o State funding 26% of General Fund revenues
o Approximately $67M
o Governor's budget will be released Dec 17th
o Locality specific information available sometime
thereafter as disseminated by State offices
o As matter of background, $.4M loss in FY08 funding
and over $1.4M loss thus far in FY09
o Funding reduction expected for FY1 0, magnitude
unknown
o Education reduction also anticipated
o Preliminary estimate based on current expectations
for FY09 + additional assumed reduction of $1 million
in FY10
20
10
FY 2010 - Priority Expenditures
o Roanoke City Public Schools - ($795,549)
o Based on funding formula of 36.42% of adjusted local taxes
o Pendinq
o Additional $500,000 - Year 2 of initiative to provide
additional $2.5 million over 5 years
o Growth in Operatinq Fundinq Provided
IJ FY 2009 - $2.0 million
o Includes additional $500,000 above funding formula
c FY 2008 - $3.6 million
c FY 2007 - $3.4 million
o FY 2006 - $2.5 million
21
FY 2010 - Priority Expenditures
EJ Debt Service Fundinq - $945,000
o Annual funding amount needed to keep pace with planned debt
issuance over the next five years
22
11
Capital Improvement Program
Planned Future Debt Issuance
FY 2010 FY 2012
Roanoke RiI.er Flood Reduction $ 2,455,000 Library Master Plan $ 2,750,000
Parks and Recreation Master Plan 7,000,000 Roanoke RiI.er Flood Reduction 1,300,000
School Roofs 2,500,000 Parks and Recreation Master Plan 15,000,000
Brtdge Renovation 1,050,000 Diaital Radio Upgrade 4,800,000
Curb, Gutter, Sidewalks 2,250,000
Digital Radio Upgrade 1,050,000 $ 23,850,000
$ 16,305,000
FY2011 FY 2013
Library Master Plan $ 10,442,000 Roanoke River Flood Reduction $ 1,200,000
Roanoke RiI.er Flood Reduction 1,800,000
Parks and Recreation Master Plan 8,000,000
Digital Radio Upgrade 1,050,000 $ 1,200,000
$ 21,292,000
23
FY 2010 - Priority Expenditures
['] Emplovee Compensation and Benefits - $813,000
o Medical Insurance - $796,000
o Remaining 6 months of January 2009 increase
o 10% anticipated increase January 2010
o Dental Insurance - $17.000
o Remaining 6 months of January 2009 increase
o 5% anticipated increase January 2010
D Compensation
o Planning target not established due to budgetary constraints -
Each 1 % = $900,000
o City Retirement
o No anticipated increase in contribution rate
o VRS Retirement
tl Have not received updated information on change in the
contribution rate
24
12
FY 2010 - Priority Expenditures
o Capital Maintenance and Equipment - $1 ,010,202
o Equipment Replacement - $227,803
o Target - $3,000,000
o Current Funding - $2,772,197
o Buildinq Maintenance - $126,666
o Target - $1,000,000
o Current Funding - $873,334
o Prior Building Condition Assessment Study identified
approximately $8 million in capital maintenance needs
o Technoloqv -$237,844
o Target - $1,500,000 - $2,000,000
" Current Funding - $1,262,156
o Street Pavinq - $417 ,889
o Target - $3,500,000 (Based on FY 2009 estimate)
o Current Funding - $3,082,111
FY 2010 - Priority Expenditures
G Base Budget Adiustments - Inflationary Costs -
$665,000
[:J Assumes 50% of adjusted FY 2009 total
a Includes utilities, motor fuels, etc.
o Based Budqet Adiustments - Expandinq Proqrams
o Planning number not established due to budgetary
constraints
o Increasinq Fund Balance
o Planning number not established due to budgetary
constraints
25
26
13
Preliminary Budget Balancing Status
Revenue Growth/(Decline)
Additional Priority Expenditures
Total Out of Balance Amount
($3,590,000)
($2,637,653)
($6,227,653)
27
Strategies for
Budget Balancing
o Absorb inflationary cost increases to the extent
possible
o Identify potential program/service level reductions
o Enhanced review of program/service cost and priority
o Reduce required incremental debt service funding by
revising schedule of planned debt issuance
o Deferring incremental funding for capital maintenance
and equipment replacement
28
14
Council Input/Direction
E] Council input and direction on priorities?
EJ Are there programs/services that Council is willing to
consider for reduction/elimination?
o Library Programs/Branch Services
o Recreation Centers/Recreation Programs
o Leaf Collection
o Level of Refuse Collection Service
D Mowing Frequency (Parks and Right-of-Way Areas)
o Human Service Agency Funding
o Roanoke Arts Commission (Cultural Agency Funding)
29
Identified Infrastructure Needs
Not Currently Supported in CIP
o Neiqhborhood Storm Drains - $60 million
o Engineering Division can program $3.5 - $5 million annually
o Bridae Renovation - $6.4 million
o Appropriated $1.7 million FY 2009, with $1.1 million
planned in FY 2010
o Engineering Division can program $2-3 million annually
o Curb, Gutter Sidewalk Proqram - $14 million
o Based on backlog of requests
o Appropriation of $2.25 million planned in FY 2010
o Engineering Division can program $1 million annually
o Streetscape Proiects - $750,000 to $1 million
annually
o Provide for one downtown block and one village center
annually
30
15
Other Potential Priority Projects
Not in CIP
o Countryside Property
o Market Building Renovations
o Aviation Drive improvements (beyond funded
amount)
31
Capital Improvement Program
Planned Future Debt Issuance
FY 2010 FY 2012
Roanoke Ri'v€r Flood Reduction $ 2,455,000 Library Master Plan $ 2,750,000
Parks and Recreation Master Plan 7,000,000 Roanoke River Flood Reduction 1,300,000
School Roofs 2,500,000 Parks and Recreation Master Plan 15,000,000
Bridge Renowtion 1,050,000 Digital Radio Upgrade 4,800,000
Curb, Gutter, Sidewalks 2,250,000
Digital Radio Upgrade 1,050,000 $ 23,850,000
$ 16,305,000
FY2011 FY 2013
Library Master Plan $ 10,442,000 Roanoke Ri""r Flood Reduction $ 1 ,200,000
Roanoke Ri""r Flood Reduction 1 ,800,000
Parks and Recreation Master Plan 8,000,000
Digital Radio Upgrade 1 ,050,000 $ 1 ,200,000
$ 21,292,000
32
.16
Debt Policies
o Tax-supported general obligation debt service will not
exceed 10% of General Fund expenditures.
o Net bonded debt will not exceed 5% of the assessed
value of real estate. .
o Net Bonded Debt is general obligation debt for the City
and School Board, exclusive of Parking Enterprise Fund
debt and the amount available in the Debt Service Fund.
o Tax-supported debt will be structured such that not less
than 50% of aggregate outstanding debt will be retired
within ten years.
o Note: Ratios that follow include all tax-supported debt -
GO bonds, VPSA, Literary Loans, QZAB, and Capital
Leases.
33
Ratio of Debt Service to General and School Fund
Expenditures (10%)
(Reflects Issuance of Planned Future Debt)
City School
Proiects Proiects Overall
0 FY 2009 4.7% 4.6% 9.3%
0 FY 2010 4.9% 5.1% 10.0%
0 FY 2011 4.9% 4.9% 9.8%
0 FY 2012 5.2% 4.6% 9.8%
0 FY 2013 5.7% 4.3% 10.0%
0 FY 2014 5.2% 4.1% 9.3%
0 FY 2015 4.2% 3.6% 7.8%
Note: Assumes 1 % decline in expenditures in FY10, followed
by growth of 2% in FY11 and 3% thereafter.
34
17
Ratio of Net Bonded Debt to
Assessed Value of Real Estate (5%)
(Reflects Issuance of Planned Future Debt)
o FY 2009
o FY 2010
o FY 2011
o FY 2012
o FY 2013
o FY 2014
o FY 2015
City
Proiects
1.9%
1.9%
2.1%
2.2%
2.0%
1.8%
1.5%
School
Proiects
2.5%
2.3%
2.1%
1.9%
1.8%
1.6%
1.3%
Overall
4.4%
4.2%
4.2%
4.1%
3.8%
3.4%
2.8%
Note: Assumes growth in assessed value of real estate of
1.5% in FY10 and 0.5% in FY11 to FY12 and 1.0%
thereafter.
Reduction of Aggregate Debt Within Ten Years
(50 % )
(Reflects Issuance of Planned Future Debt)
. FY 2009
. FY 2010
. FY 2011
. FY 2012
. FY 2013
. FY 2014
. FY2015
City
70%
70%
68%
67%
67%
69%
71%
Schools
60%
63%
65%
67%
69%
72%
75%
Overall
65%
67%
67%
67%
68%
71%
73%
35
36
18
Debt Capacity After Planned Future
Debt Issuances
(in millions)
Debt capacity is based on debt service payments not exceeding 10% of General Fund expenditures.
Debt capacity is based on 5.5% interest.
37
Unspent Bond Funds
Series 2006 Bonds and Prior
--
Bond Series
.
2002 2004 2006
Curb, Gutter and Sidewalk Projects $ 904,652 $ - $ -
. . --. e-- . . . . . .
Library Projects 3,339,322 - -
High School Stadium Projects 4,121,316 - -
Downtown West Garage Proj~ct - 28,012 -
.
Police Building Projects - 214,830 -
---- --.- -.. - - - -- . . . _.- - .- . . . . .-
Systems Replacement Projects - - 800,954
Total $ 8,365,290 $ 242,842 $ 800,954
38
19
APPENDIX
Current Local Tax Rates
~[:~
$1.19 per $100
$3.45 per $100
$0.54
Real Estate Tax
Personal Property Tax
Cigarette Tax (20 per pack)
Transient Room Tax
Admissions Tax - General
Admissions Tax - Civic Center
Prepared Food & Beverage Tax
Short Term Rental Tax
5.5%
39
7%
9%
5%
1%
40
20
.
Revenue Options
~~~
Real Estate $1.19 $.01 = $642,000
Personal Property $3.45 $.01 = $50,000
Utility Consumer 12% 1% = $802,000
Cigarette (20 per pack) $0.54 $.01 = $54,000
Transient Occupancy 7% $1% = $410,000
Admissions (General) 5.5% 1% = $82,000
Prepared Food & Beverage 5% 1 % = $2,429,000
Storm water Management Fee $1/month = $1,200,000
Note: The Personal Property impact is calculated on the local portion of the tax only. It does not
include PPTRA.
41
Comparison of Local Tax Rates
for Peer Localities - FY 2007
$3.45/$2.66 $4.06/$3.23 $3.82/$2.93 $3.50/ $2.70
5.0% 6.2% 5.2% 4.0%
Transient Occupancy 7.0% 7.4% 6.0% 5.0%
Cigarette (25 pack) $0.54 $0.54 $0.37 $0.00
Admissions 5.5% / 9.0% 8.6% 7.8% 5%
Note: Split rates for Real Estate and Personal Property Taxes denote differences in nominal
and effective tax rates based on assessment/sales ratio and assessment basis, respectively.
42
21
y:'..
BUDGET HIGHLIGHTS
An analysis of changes in the three major categories of revenue is as follows:
A.
LOCAL TAXES
$5,297,000
Local taxes are the largest category of revenues for the City. Local taxes comprise 68% of all FY 2008-2009 General
Fund revenues. The local tax category is expected to increase 3.1 % compared to FY 2007-2008. Growth in local taxes is
a primary measure of the health of our local economy. The increase in major revenues or categories of revenue is
denoted below.
1. Real Property - $3,631,000 - The real estate tax is the single largest source of revenues for the City of Roanoke.
Growth in this revenue is derived from new construction and from increased assessments of existing properties.
Reassessments provide growth of 3.04% while new construction provides an increase of 1.5%, for a total
increase of 4.54%. While real estate assessment growth continues to increase within the city, it has decreased
from the prior year, and assessment growth is expected to continue its decline in upcoming years. Important
elements of Roanoke's real estate taxation system are programs that provide relief to certain taxpayers or on
selected types of properties. Relief expected to be granted in FY09 will total approximately $2.1 million. This is
comprised of relief to the elderly and disabled taxpayers of $778,000, relief on agricultural properties of $69,000,
and relief for properties under rehabilitation of $1,000,000. Additionally, leased property receives tax exemptions
totaling $213,000. These relief programs are intended to benefit those on fixed incomes or with limited ability to
cover the costs of increased taxes or to provide incentives for owners who invest in rehabilitation of aged
properties. The City's real estate taxes are due annually in two installments, October 5th and April 5th.
2. Personal Property - $941,000 - Growth of 5.2% is projected in the personal property tax. The FY08 adopted
estimate is lower than the amount received in FY07, and the FY09 estimate assumes no growth in FY08 over the
FY07 amount, followed by growth of 3% next year. A factor which positively impacts the local tax received from
personal property is that the state tax relief was frozen at a predetermined level. This requires localities to
increase the portion of personal property considered to be a local tax since the state portion cannot increase.
Annual assessments of the personal property tax are made in early April, and the tax due date is May 31.
3. Public Service Corporations - $161,000 - The State Corporation Commission and State Department of Taxation
assess the value of real and personal property for public service corporations. Both real and personal property
are taxed at the prevailing real estate rate. The revenue estimate in FY09 anticipates an annual increase of 3%
over FY07 actual.
4. Sales Tax - ($1,310,000) - Sales tax is expected to decrease 5.8% when compared to the FY08 adopted
estimate. The FY08 adopted estimate called for growth of 3% over FY07, however a decline of 3% to 4% has
been experienced thus Jar. The FY09 estimate acknowledges the current year trend with a 3% decrease for
FY08 and expects next year's revenues to remain level with FY08.
5. Utility Tax - $528,000 - This overall 5.9% estimated increase is comprised of a 5.4% increase in Electric
Services Tax based on trends in prior and current years, and of an almost 15% estimated increase in Water
Service Tax based on expected rate increases and normal expansion of services.
6. CiQarette Tax - $244,000 - The FY09 estimate is 8.4% higher than the FY08 actual. This increase in the revenue
estimate for FY09 is a reflection of the fact that the revenue performance faltered for a few years following the
July 1, 2006 doubling of the tax rate. The FY09 estimate reflects improved growth of the tax, and it includes an
estimate of penalties for late payment.
7. Recordation & Probate Tax - $125,000 - The increase of over 11% in this revenue estimate reflects current
trends from FY07 and FY08 to date.
Budget Highlights. 5
,:Jf
BUDGET HIGHLIGHTS
8. Business and Professional Occupational License Tax (BPOL) - ($430,000) - The BPOL tax is another major
local tax and is based on the gross receipts of businesses operating within the City. The FY09 estimate has
decreased due to the fact that it reflects a flat revenue expectation for the upcoming two years based on FY07
actual receipts. A planned rate increase offsets part of the decrease. The budget includes an increase in the
contractor rate from $.14 to $.16 and in the Realtor rate from $.47 to $.58 per $100 of gross receipts.
9. Transient Occupancy Tax - $136,000 - This tax is another consumer-driven source of revenue, and it performs
best when tourism is healthy and consumer confidence is high. The projected growth of 4.9% in arriving at the
FY09 estimate reflects continued strong performance of this tax.
10. Prepared Food and BeveraQe Tax - $410,000 - This tax is our fifth largest in the City, and it, too, has performed
very well in recent years and is a strong indicator of local economic conditions. The FY09 revenue estimate is
predicated on revenue growth of 5% in FY08 and 4% in FY09 applied to the base of FY07 performance. The
long term trend for this revenue is 4%-5%, and the current year is tracking accordingly at 4.7%.
11. Franchise Fees - $55,000 - This estimate has been increased slightly as a result of FY07 results in the
Telecommunications Right of Way Use Fees.
12. Telecommunications Tax- $722,000 - The 9.9% increase in this revenue estimate reflects current trends from
FY07 and FY08 to date. This new tax was established effective January 1, 2007 to replace several other
telecommunications taxes, and our estimates in FY07 and FY08, following adoption, were conservative pending
performance of this state-collected revenue. The revenue has performed slightly better than initially expected
upon transition.
13. Other - $84,000 - Local taxes not individually described includes penalties and interest, and motor vehicle
license tax.
B.
INTERGOVERNMENTAL REVENUE
$2,454,000
This revenue category is primarily comprised of State funds designated for specific programs. There is little local
discretionary use of these funds, much of which is paid to the City on a reimbursement basis. This category represents
26% of total revenue for the General Fund. The FY 2009 revenue estimate is projected to increase 3.7% from the FY08
adopted budget. The major categories of intergovernmental revenues are discussed as follows:
1. Non-CateQorical Aid - ($104,000) - This category of State taxes is comprised of revenues from personal property
tax relief, rental car, recordation, ABC/wine, and rolling stock taxes. There is an increase estimated in FY09 in
recordation tax, bringing it level with FY07 actual results. Elimination of revenues is foreseen in Alcohol Beverage
Control, and Wine (Liter) Taxes due to budget cuts at the State level. The largest source of revenue in this
category is personal property tax relief. The amount provided by the State has been frozen at approximately $8.1
million annually. The overall reduction in the category is approximately 1.1%.
2. Shared Expenses - ($453,000) - This category of revenue accounts for reimbursement to the City for the State
share of salaries and operating expenses of the Constitutional Offices including Commonwealth's Attorney,
Sheriff, Commissioner of the Revenue, Treasurer, and Registrar. The FY09 Commonwealth funding provides pay
raises of 2% to most State Compensation Board funded positions, however, that increase is offset by reductions
by the 2008 General Assembly including reductions in funding for salaries by imposing a 90 day minimum vacancy
for all open positions.
Budget Highlights. 6
00:.
BUDGET HIGHLIGHTS
3. Social Services - $3,529,000 - Social services revenues in FY09 are anticipated to approximate $30.3 million, a
sizable component of the City's funding from the Commonwealth. This funding covers foster care, the comprehensive
services act, day care, employment services and other social services programs. Growth of over 13% is included
in the FY09 budget, following a significant year of growth in FY07. These revenues are largely reimbursement
based, and the City adopts an expenditure budget adequate to fund the state and local share of these programs.
4. Other InterQovernmental Revenue - ($518,000) - The Other Categorical Aid category consists primarily of street
maintenance, jail per diems, HB-599 and Virginia Juvenile Community Crime Control Act (VJCCCA) funding. The
decline in this category of 2.5% can be attributed to reductions in HB-599 funding. A downward trend in E-911
wireless funding also affects the reduction in this category.
C.
CHARGES FOR SERVICES/MISCELLANEOUS
($372,000)
The Charges for Services category is the smallest revenue category. Most of the revenue in this category is generated
from fees charged for services rendered to our citizens. This category comprises only 6% of Gener~1 Fund revenues. The
major charges for services categories are discussed as follows:
. 1. Fines and Forfeitures - $168,000 - Parking ticket revenues and fines and collection fees assessed by various
courts make up this category, which is expected to increase over 12% in FY09 as compared to the FY08 adopted
estimate. The majority of the growth in this category will be achieved from increased revenues from court fines
and forfeitures, parking tickets, and collection fees imposed on delinquent real estate, personal property and
other receivables.
2. Revenue from Use of Money and Property - ($88,000) - Rental revenue on buildings is expected to decrease as
a result of a rental building being converted to City use. However, that decrease is partially offset by an increase
in field rental.
3. Interfund Services and Central Services - $68,000 - Revenue in this category is generated by General Fund
services provided to departments of the City's proprietary, grant, and capital funds or organizations such as the
City Schools, Valley Metro and Roanoke Regional Airport Commission. The increase expected in FY09
compared to FY08 is primarily the result of a~ increase in estimated revenues from occupational health services
and the school share of CSA, which are offset by a decrease in engineering fees due to a project that was
completed in the prior year.
4. Sheriff/Jail - ($817,000) -This category is expected to decline significantly primarily due to a change in the
contract revenue for housing of federal prisoners who are now being housed in Abingdon as a result of a new
federal contract with that facility. A reduction is also expected in revenue from inmate phone commissions.
5. Court Costs - $73,000 - Revenue in this category includes fees charged by the various courts for sheriff costs,
law library, inmate processing, security, and maintenance. The increase of almost 5% from FY08 to FY09 is
primarily related to a fee increase from $5 to $10 for the courthouse security fee.
6. Sanitation CharQes - $148,000 - This increase of almost 59% is based on actual trends over the past two years
in weed cutting and demolition charges.
7. Library CharQes - $20,000 - Fines and Fees reflects an estimated increase of $10,000 or 14.3%. A new
revenue source; Virginia Room Marketing charges, is projected to generate revenue of $10,000.
8. Public Safety, CharQes for Services - $220,000 - This 8.8% increase is primarily due to an increasing trend in .
EMS fee collections. New engine standby fees, and increases in EMS externship and EMS standby fees also
contribute to the estimate.
Budget Highlights. 7
.. ;.,
_>r
BUDGET HIGHLIGHTS
9. All Other Charqes/Miscellaneous - ($164,000) - Revenues included in this category include permits, fees, and
licenses, recreation fees, human services charges, grants and donations, sale of property, and miscellaneous
revenues which may be nonrecurring. The decrease expected in FY09 is mainly due to reductions in revenue
estimates for the Building New Partnerships Conference and for the Arts Festival based on FY07 performance.
PROPRIETARY FUND REVENUES:
A. ENTERPRISE FUNDS:
1. Civic Facilities Fund - Estimated revenues for the Civic Facilities Fund total $4,910,100. Revenues
are comprised of operating revenues of $2,422,000, non-operating revenue of $20,000, and a
General Fund supplement of $2,468,100. These revenues will fund total operating expenses of
$3,516,441, a $65,244 transfer to the Debt Service Fund and $1,328,415 in principal and interest
payments due in fiscal year 2009.
2. Market Buildinq Fund - Estimated revenues from the rental of the City-owned Market Building of
$286,500 and a General Fund supplement of $35,000 will cover total operating expenses of $321,500.
3. Parkinq Fund - Estimated revenues generated from the City's parking facilities will total $2,934,960. These
revenues will fund operating costs of $1,464,884 and principal and interest payments of $1 ,352,141 as well as a
reserve for future debt service associated with the construction of new parking facilities of $117,935.
B. INTERNAL SERVICE FUNDS:
1. Department of Technoloqy (DOT) - Estimated revenues of the Department of Technology total $7,479,328.
These are comprised of billings to user funds and departments of $7,126,253 for information technology,
and telephone and radio services; and outside third party billings of $353,075. These revenues will fully
fund the operational costs of the department of $5,802,593, principal and interest payments of $579,800,
FY09 costs of $1 ,096,935 for capital outlay, and $50,000 to the Telephone Replacement Reserve.
2. Fleet Manaqement - Fund revenues will total $7,779,080. These consist of operating revenues of
$7,679,080 and surplus sale revenues of $100,000. These revenues will fund department operating costs
of $4,888,836, capital outlay of $2,772,197 and a reserve for future capital outlay of $118,047.
3. Risk Manaqement - The primary activity of this fund is to record health insurance premiums billed to other
funds and related claim payments under the City's employee medical plan. Additionally, the City's self-
insured workers' compensation and auto liability plans are recorded in this fund. Projected revenues for this
fund total $15,065,188. However, expenses of $15,305,699 are anticipated in FY09, therefore, the City will
utilize the Health Care Reserve to fund a portion of the Occupational Health Clinic as we have done in the
past.
Budget Highlights. 8
~-'.~~',.
Expenditure Categories
Schools
~ Operating funding based on funding formula
~ Support for School capital projects
Pu blic Safety
~ Building Inspections
~ Crisis Intervention Center
~ E911 Center
~ Fire/EMS
~ Jail
~ Outreach Detention
~ Police Department
~ Youth Haven
Health & Welfare
~ Comprehensive Services Act (CSA)
~ Hospitalization Program
~ Human Development Support - Health Department, Blue Ridge
Behavioral Healthcare, Virginia Cooperative Extension
~ Human Service Agency Funding
~ Human Services Support
~ Social Services
Public Works
~ Director of Public Works
~ Engineering
~ Environmental Management
~ Facilities Management (Building Maintenance, Custodial Services)
~ Solid Waste Management
~ Transportation (Engineering & Operations, Paving Program, Snow
Removal, Street Lighting, Street Maintenance)
~..""
Debt Service
~ Debt service funding for capital projects
General Government
~ Billings & Collections
~ Board of Equalization
~ City Attorney
~ City Clerk
~ City Council
~ City Manager
~ City Treasurer
~ Commissioner of the Revenue
~ Electoral Board
~ Employee Health Services
~ Finance
~ Director of General Services
~ Human Resources
~ Management & Budget
~ Management Services
~ Municipal Auditing
~ Office of Communications
~ Purchasing
~ Real Estate Valuation
Parks, Recreation & Cultural
~ Roanoke Arts Commission (Cultural Agency Funding)
~ Libraries
~ Parks & Recreation (Administration, Parks, Recreation and Youth
Services)
~ Roanoke Arts Festival
Judicial Administration
~ Circuit Court
~ Clerk of Circuit Court
~ Commonwealth's Attorney
.. l ~(,...,,~
> Cost Collections Unit
> General District Court
> Juvenile & Domestic Relations - Court Clerk
> Juvenile & Domestic Relations - Court Service Unit
> Magistrate
~ Sheriff
Community Development
> Membership Dues and Miscellaneous Contributions
> Citizens Service Center
> Economic Development
> Neighborhood Services
> Neighborhood Support
> Planning, Building and Development
Capital Projects
> Bridge Maintenance
> Stormwater Management
> VDOT Project Match
> Excess Debt Service Funding designated for one-time use
All Other
> Contingency
> Turnover Savings
> Performance Agreements
> Miscellaneous
> Residual Fringe Benefits {Payroll Accrual, Other Post Employment
Benefits {OPEB}, Medical Insurance, Worker Compensation {Medical,
Wages}, Unemployment Wages, Extended Illness Leave Payment,
Termination Leave Wages)
> Transfers to Other Funds (Market Building Fund, Civic Facilities
Fund, Grant Fund, Greater Roanoke Transit Company, Parking
Fund)