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HomeMy WebLinkAboutCouncil Actions 04-06-09 CUTLER 38400-040609 ROANOKE CITY COUNCIL REGULAR SESSION APRIL 6, 2009 9:00 A.M. ROOM 159 AGENDA Call to Order -- Roll Call: All Present. A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. (7-0) A communication from Council Member Gwendolyn W. Mason, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the performance of aCouncil-Appointed Officer, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. (7-0) A communication from the City Attorney requesting that Council convene in a Closed Meeting for consultation with legal counsel on a specific legal matter requiring the provision of legal advice by such counsel, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended. (7-0) 1 A communication from the City Manager requesting that Council convene in a. Closed Meeting to discuss the disposition of publicly-owned property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. (7-0) ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND THE ROANOKE CITY SCHOOL BOARD SCHEDULED FOR MONDAY, MAY 4, 2009, AT 9:00 A.M., IN MEDIA CENTER, WILLIAM FLEMING HIGH SCHOOL AND JOINT MEETING OF COUNCIL AND THE ECONOMIC DEVELOPMENT AUTHORITY AT 12:00 P.M., IN ROOM 159. Transportation to be provided for the Council and Officers. Departure from the Council's parking lot at 8:40 a.m. Discussion of relocation of School Administration offices to the Commonwealth Building. All other agenda items to be forwarded to the City Manager or City Clerk by April 28. ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA. NONE. TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. Request for update on the vacation of State offices housed in the Commonwealth Building. BRIEFINGS: . Greenways . o Lick Run Phase III - Roanoke River/Tinker Creek Powerpoint Presentation 45 minutes · Urban Flex District/Zoning Ordinance Amendments Powerpoint Presentation 20 minutes AT 12:05 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS FOR CLOSED MEETING. 2 ROANOKE CITY COUNCIL REGULAR SESSION APRIL 6, 2009 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. Vice-Mayor Lea arrived late. The Invocation was delivered by The Reverend Harry Britt, Pastor, Melrose Avenue Seventh Day Adventist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's Council meeting will be replayed on Channel 3 on Thursday, April 9 at 7:00 p.m., and Saturday, April 11 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 3 ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE 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 TOCONT ACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, TO OBTAIN AN APP!-ICATION. The Mayor announced that the City was seeking applications for appointment as a City representative of the Western Virginia Water Authority. Applications would be accepted in the City Clerk's Office until May 15, 2009. 4 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of Fallon Park Elementary School. Recognized Cindy Delp, Principal, and Leadership Team of Fallon Park Elementary School. Recognition of TAP This Valley Works YouthBuild Students. Presented the Youth Build Students with Certificates of Appreciation and City Logo Ink Pens. Introduction of Valley Metro Personnel. Introduced Carl Palmer, Contract Consultant for First Transit, Inc., and Leon Alder, Interim General Manager of Valley Metro. A Proclamation declaring the week of April 12-18, 2009, as National Public Safety Telecommunicator's Week. Presented ceremonial copy of proclamation to Michael Crockett, Manager, E- 911 Center. Council Member Cutler advised that the City of Roanoke, the Virginia Outdoors Foundation and the Western Virginia Land Trust were recognized as recipients of the 2009 Governor's Environmental Excellence Award for their demonstrated commitment to land stewardship in Virginia through the Carvins Cove Conservation Easement. Council Member Mason advised that the City of Roanoke was recognized as a recipient of the 2009 Governor's Environmental Excellence Award for its demonstrated commitment to the stewardship of Virginia's natural resources through its "Clean and Green" Campaign. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Chris Craft, Robert Gravely, Evelyn Bethel and Shaheed Omar appeared before the Council. 5 C-1 C-2 C-3 C-4 , C-5 4. CONSENT AGENDA (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the regular meetings of the Council held on Monday, December 1, 2008, recessed until Monday, December 15, 2008; and Monday, December 15, 2008. RECOMMENDED ACTION: Dispensed with reading of the minutes and approved as recorded. A communication from Jean Thurman, Secretary, Western Virginia Water Authority, advising of the resignation of Council Member M. Rupert Cutler as a member of the Board of Directors of the Western Virginia Water Authority, effective March 19, 2009. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. A communication from Jean Thurman, Secretary, Western Virginia Water Authority, transmitting a Resolution from the Western Virginia Water Authority paying tribute to Council Member M. Rupert Cutler for his service as Director of the Authority. RECOMMENDED ACTION: Received and filed. Reports of qualification of Mary F. Monk as a member of the Parks and Recreation Advisory Board for a three-year term ending March 31, 2012; and Bittle W. Porterfield, III, as a City representative of the Roanoke Regional Airport Commission for a term ending March 9, 2013. RECOMMENDED ACTION: Received and filed. A communication from the City Manager requesting that a public hearing be scheduled for Monday, April 20, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the conveyance of City-owned property located at 425 Church Avenue, S. W. (former YMCA facility). RECOMMENDED ACTION: Concurred in the request. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6 6. PETITIONS AND COMMUNICATIONS: a. Request of the Roanoke Regional Airport Commission to present the proposed 2009-2010 Operating Budget and Proposed Capital Expenditures. Jacqueline L. Shuck, Executive Director, Spokesperson. (Sponsored by the City Manager) Adopted Resolution No. 38400-040609. (6-0, Vice-Mayor Lea was not present when the vote was recorded.) b. Request of the Roanoke Valley Resource Authority to present the proposed 2009-2010 Annual Budget. Daniel D. Miles, Chief Executive Officer, Spokesperson. (Sponsored by the City Manager) Adopted Resolution No. 38401-040609. (5-1, Mayor Bowers voting no. Vice-Mayor Lea was not present when the vote was recorded.) 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: · Amphitheatre Feasibility Study (Held in the Council Chamber immediately following the 2:00 p.m. session) ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of the Western Virginia Workforce Development Board Workforce Investment Act Computer Literacy Grant; and appropriation of funds. Adopted Resolution No. 38402-040609 and Budget Ordinance No. 38403-040609. (6-0, Vice-Mayor Lea was not present when the votes were recorded.) 7 2. Acceptance of reimbursement funds from Emergency Management Assistance Compact to the Fire and Police Departments; and appropriation of funds. Adopted Resolution No. 38404-040609 and Budget Ordinance No. 38405-040609. (6-0 Vice-Mayor Lea was not present when the votes were recorded.) 3. Authorization to execute and file appropriate documents in support of an application to be filed by ChemSolv's, Inc., to receive Industrial Access Railroad Track Funds from the Commonwealth of Virginia. Adopted .Resolution No. 38406-040609. (6-0, Vice-Mayor Lea was not present when the vote was recorded.) 4. Authorization to execute a Southern Rivers Agreement with the Virginia . Department of Housing and Community Development relative to the Fairhope Road Sanitary Sewer Extension Project; and appropriation of funds. Adopted Resolution No. 38407-040609 and Budget Ordinance No. 34408-040609. (6-0, Vice-Mayor Lea was not present when the votes were recorded.) 5. Appropriation of funds for various capital projects. Adopted Budget Ordinance No. 38409-040609. (6-0, Vice-Mayor Lea was not present when the vote was recorded.) 6. Appropriation of funds for revenue adjustments for E-911 wireless funding. Adopted Budget Ordinance No. 38410-040609. (6-0, Vice-Mayor Lea was not present when the vote was recorded.) 7. Appropriation of funds for the Hershberger Road corridor improvements. Adopted Budget Ordinance No. 38411-040609. (6-0, Vice-Mayor Lea was not present when the vote was recorded.) 8. Appropriation of funds for additional outdoor program activities. Adopted Budget Ordinance No. 38412-040609. (6-0, Vice-Mayor Lea was not present when the vote was recorded.) COMMENTS BY CITY MANAGER. Announced Citizen Appreciation Day scheduled to be held on Saturday, April 18, 2009, from 10:00 - 2:00 p.m., at Valley View Mall. No changes in recycling schedule for the City. 8 b. DIRECTOR OF FINANCE: 1. Adoption of Tax Year 2009 Personal Property Tax Relief Percentage. Adopted Resolution No. 38413-040609. (6-0, Vice-Mayor Lea was not present when the vote Was recorded.) 8. "REPORTS OF COMMITTEES: NONE. 9. UNFINISHED BUSINESS: a. Amendment of the City Code to abolish the Fair Housing Board. (Action on measure was tabled from the March 16,2009 Council Meeting.) At this point Vice-Mayor Lea entered the meeting. (3:35 p.m.) Ordinance failed. (0-7) b. Proposal of the City of Roanoke to convey approximately .84 acre parcel of land to Carilion Medical Center. (Action on measure was tabled from March 16, 2009 Council Meeting.) Adopted Ordinance No. 38414-040609. (6-0, Council Member Trinkle abstained from voting.) 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution changing the meeting location of a joint meeting of City Council and the Roanoke City School Board scheduled to be held on Monday, May 4, 2009. Adopted Resolution No. 38415-040609. (7-0) 11. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. a. Inquiries and/or comments by the Mayor and Members of City Council. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. AT 3:55 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS FOR CONTINUATION OF CLOSED MEETING IN THE COUNCIL'S CONFERENCE ROOM. 9 AT 5:10 P.M., THE COUNCIL MEETING WAS RECONVENED IN THE COUNCIL CHAMBER, MAYOR BOWERS PRESIDING AND ALL MEMBERS OF THE COUNCIL IN ATENDANCE. CERTIFICATION OF CLOSED MEETING. (7-0) Appointed Archie Freeman, III, to replace Evelyn W. Manetta as a member of the Parks and Recreation Advisory Board for a term ending June 30,2012. Waived the City residency requirement for Patice Holland to serve as a member of the Roanoke Arts Commission. Council Member Cutler was appointed to fill the unexpired terms of office of former Council Member Alvin L. Nash on the following: Audit Committee, Legislative Committee, and Personnel Committee (Vice-Chair), ending June 30, 2010j and as a City representative on the Roanoke Valley Area Metropolitan Planning Organization (MPO) Policy Board ending June 30, 2011. 12. Adjourn. (5:40 p.m.) 10 CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.w., SUITE 452 ROANOKE, VIRGINIA 2401 1-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 DAVIDA. BOWERS Mayor April 6, 2009 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, SJ)~cw-'~ David A. Bowers Mayor DAB:ctw CITY OF ROANOKE OFFICE OFCITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY AlTORNEY TELEPHONE: 540-853-2431 FAX: 540-853-1221 EMAIL: cilyauy@roanokeva.gov TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER~FERGUSON ASSISTANT CITY AlTORNEYS April 6, 2009 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting for consultation with legal counsel on a specific legal matter requiring the provision oflegal advice by such counsel, pursuant to S2.2-3711.A.7, Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, w~ H.~ William M. Hackworth City Attorney WMH/lsc c: Darlene L. Burcham, City Manager Ann Shawver, Director of Finance Stephanie Moon, City Clerk CITY OF ROANOKE CITY COUNCIL " 215 Church Avenue, S. W. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 DAVID A BOWERS Mayor Council Members M. Rupert Cutler Sherman P. Lea Gwen W. Mason Anita J. Price Court G. Rosen David B. Trinkle April 6, 2009 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I wish to request a Closed Meeting to discuss a personnel matter, being the performance of a Council-Appointed Officer, pursuant to Section 2.2-3711 (A) (1), Code of Virginia (1950), as amended. Sincerely, ~ dolyn W. Mason, Chair City Council Personnel Committee GWM:ctw 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 April 6, 2009 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 92.2-3711.A.3, Code of Virginia (1950), as amended. Darlene L. Bur City Manager DLB/lsc c: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Stephanie M. Moon, City Clerk , L . Project PcalrtrnlerS · Roanoke Department of Parks and Recreation .. Alta Planning + Design · Trail Advisory Group - Roanoke Planning, Engineering and Transp Departments - Roanoke Valley Greenway Commission - Roanoke Valley-Alleghany Regional Commis - Roanoke County Parks and Recreation - Virginia Department of Transportation l~cc~ Run Greenway lPnas GOALS · Continue existing greenway within City · Connect Key Destinations · Integrate Greenway into new development · Provide an experience similar to t existing greenway lick Run Greenway Pnas Public Input · Strong support for extension of lick Ru Greenway · Have trail as separate facility as much possible · Follow existing stream as much as possi · Connection to schools is important · Connect to Melrose-Rugby neighborhoo Legenl Alternative ROI filii"!. 1 A ~lB '2A -", 2B >. 2C Destinatioos _ Schools _ Valley V. _ AlIpon _ City Part< .~~ EJdsting . · ..j Road 'P' . FloOdpra Legend ~~'--'-i'\ , Trail Corridor \~~ .,. ~/. \ r-:>. Preferred '-V Corridor .,~t;; <, :oet9f( ',.:' . .!J{i>'ri " .'1'9,., Additional Study DUI Future D€ Phase Co' / ~ . 09q:/ '/ I 'f'<' W;u;JmReniing.' " High School,' . :, f"l.... ,Wi,IIar:n IfleiniQg~ i ; ~UclyiArea"" '-~~_f I <'~\--1 , j' . ! ' i -,,~er5hberger Rd ; ! .)\ '1>f..'~ Road @J Floodplair , ,I- 11 /' ~/~' Femclmiofdw'iy., . Study ~i(./ i ;\ .{ ~~..._. ROANOKE. ~._._ , ,c."'_'~';'!II!!.~,o.\$>:Y::'::t':i;:'~..!i~~'?:~!:~JY=~ ~~, 1;.-- ~ BRIEFING 9:00 II 1 .. 2 3 4 5 6 7 8 , " . 9 . . , ......:,', ,'" ",c"', ........, '" """" , ... ".. '_ .... ':" ',.,,'''' ',,"'", ',' _u__ ___. Continue to require a special exception. . ,.. ..." -- - - - ---- -. ,.. ..... " ... ,. ...... . -." ...... , . ...--" .--.. .,.... . .- " ",... ..., " ,.. ,. .. , ,.-., .- --.' _" '.."'''' :oo....".:--' '" ,'".., ...,,::0'-. ....-. ,"''',..,'',,'' ':..' . -","_. .: ,.:: - "-,:__,(,,,..'.':," " -,. "'.'''-'. ,.,' Coo:':: __ _ __ _ .:..:__: ,.. ",.", ......... .. Re'questevaluated,:against ,standards . Compatibilify'\ivith neighborhood . .. .0. ..0 '''''',' ."', : "'.:_U',: ,__." . Demand on infrastructure (waie'r,'sewer, traffic) . .... . ..... .". ".">, .... '"'' " - - --- - .-' -,- , ." . . " " " . :. Compliance with. other,'zoni ng requirements. ,", ';.. ConsistehcY\iV,ith co'1lprehensive plan General stan?ards continue.to apply" . ....,Occupied'by owner,< .. ..,. ... .,. Max 6 guest rooms (Iocatecl in house) . . ..... 1 small sig 10 .' . . 11 , '. 12 Budget Status (After April 4th Work Session) Budget Gap $1,888,126 Roanoke City Public Schools (1,547,523) Regional Partnership (9,700) REMS (50,000) Youth Services (144,000) Aquatics (33,000) Revised Budget Gap $103,873 19 Prepared Food Tax Revenue · FY10 Estimated Revenue is $11,850,000 · 0.5% Increase in Tax Rate = $1,185,000 · 1.0% Increase in Tax Rate = $2,370,000 · Impact of 0.5% increase on a $10 meal = $.05 · Impact of 1.0% increase on a $10 meal = $.10 20 1 Prepared Food Tax Rates . The City's Current Tax Rate is 5.0% . Five of the Seven First Cities rates are Currently 6.5% . Average of First Cities is 6.2% . Average of All Cities is 5.2% . Cities with Tax Rate of 5.5%: - Chesapeake, Hopewell, Poquoson, and Virginia Beach . Cities with Tax Rate of 6.0%: _ Bristol, Harrisonburg, Martinsville, Norton, Richmond, and Staunton . Cities with Tax Rate of 6.5%: _ Emporia, Franklin. Hampton, Lynchburg, Newport News, Norfolk, Portsmouth, and Suffolk 21 Transient Occupancy Tax Revenue · FY10 Estimated Revenue is $2,957,000 . 0.5% Increase in Tax Rate = $211,000 · 1.0% Increase in Tax Rate = $422,000 22 2 Transient Occupancy Tax Rates . The City's Current Tax Rate is 7.0% . Four of the Seven First Cities rates are Currently 8.0% . Average of First Cities is 7.4% . Average of All Cities is 6.0% . City with Tax Rate of 7.5%: - Newport News . Cities with Tax Rate of 8.0%: _ Chesapeake, Colonial Heights, Emporia, Franklin, Hampton, Hopewell, Norfolk, Portsmouth, Richmond, Suffolk, and Virginia Beach 23 Potential Fee Revisions · Fire incident reports from ~ · Makes consistent with Police incident reports · Boot vehicles for parkina ticket violations on third ticket · Currently boot on the fifth ticket · Establish a Storm Water Manaaement Plan Review Fee · Establish a Plan Re-Submittal Fee · Fee assessed for the fourth and any subsequent review of subdivision plat, subdivision site plan, or comprehensive development plan 24 3 Potential Fee Revisions -Central Business District Refuse Collection . Increase fee from $100 to $120 for large businesses and restaurants . Increase fee from $60 to $70 for small businesses -Establish a Special Assembly Permit Fee · Establish a fee of $25 Fee revisions will generate a projected $67,800 25 Recommended Parking Rate Revisions - Increase Monthly Rates · 'Gainsboro Garage - $10 . Higher Education Center Lot - $10 · Warehouse Row Lot - $7.50 · Elmwood Lot - $7 · Market Lot - $7 - Increase Daily Rates . Market Lot - $1 per half hour, $6 maximum . Williamson Lot - $1 per half hour, $6 maximum . Elmwood Lot - $1 per half hour, $6 maximum . Warehouse Row Lot - $1 per half hour, $6 maximum 26 4 Recommended Parking Rate Revisions · Other · Market Lot - Implement after 4 p.m. rate of $2 until 9 p.m. 27 5 FALLON PARK ELEMENTARY WINS NATIONAL EXCELLENCE IN URBAN EDUCATION AWARD Fallon Park Elementary School was recently announced as the recipient of the 2009 National Excellence in Urban Education Award. This award recognizes schools that demonstrate high levels of achievement for all students in areas where a majority of the student population meets low- income criteria. As the 2009 honoree, Fallon Park Elementary will receive $1,000 and a congratulatory banner for the school building. In December, Fallon Park was announced as one of 25 finalists for the national award. Fallon Park had to meet 11 rigorous criteria including proficiency rates on assessments that exceeded state averages, high achievement for all of the demographic groups served, high attendance rates, low suspension and expulsion rates, and other indicators of academic excellence. Dr. Bishop and Ms. Delp will travel to San Diego in May for the 2009 National Excellence in Urban Education Symposium, where they will be recognized for the school's achievement. TAP This Valley Works Y outhBuild Presentation Roanoke City Council, Monday, April 6, 2009 . 2:00 p.m. The City of Roanoke celebrates the achievements of its Total Action Against Poverty, This Valley Works Y outhBui1d students who are responsible for building arid renovating property in the star city. The latest property renovated is a 2 story duplex at 625 Tazewell Ave. S. E. that was completed by 16 TAP YouthBuild students. The students took a dilapidated duplex that had become a hideaway location for homeless and drug addicted individuals. Students had to navigate their way through a wooden porch with missing pieces, sunken floors, cracked ceilings, inoperable bathroom facilities, old outdated windows, kitchen and bathroom cabinets in need of destruction, filthy walls, wholes in walls, old appliances, trash and needles to renovate property so that two families in need of safe affordable housing could find it at 625 Tazewell Ave, S. E. TAP This Valley Works received its first grant from the US Department of Housing and Urban Development to start a YouthBuild program in 2005. Funding is now provided by the US Department of Labor. The primary purpose of the program is to help young people complete their education and gain a marketable skill. Once they leave Y outhBuild, students either enroll in post secondary education or find employment. Homes built or renovated by Y outhBuild must be occupied by low-income families. The target population for YouthBuild is youth ages 16-24 who lack a high school diploma and are in need of employment skills. Students are paid while they gain · their education through basic education and GED preparation; . a skill in the construction trades; . leadership skills; and . community service experience. Community service projects have included renovating playgrounds, weatherizing homes, landscaping, assisting non-profit agencies in moving furniture or relocating, and painting a floor at the Roanoke Higher Education Center. Prior to enrollment, students must complete mental toughness training. A total of 110 youth have been served. TAP Y outhBuild has partnered with Roanoke Redevelopment and Housing Authority and Habitat for Humanity to renovate 16 public housing units, purchase land and build 3 homes. In February of 2009, TAP Y outhBuild built its 4th home by completing the construction of a single family dwelling at 24 13th Street, S. W. in Roanoke. The work was so well done, that even in this time of a housing market downturn, the home has been sold. On Tuesday, March 24, TAP's YouthBuild students held an open house ceremony to let the community know that 625 Tazewell Ave., S. E. is now ready for renters. Marion V aughn- Howard, director of Youth Services for the City of Roanoke represented Darlene Burcham at the Open House. The TAP This Valley Works director, Annette Lewis, is not only proud of the Y outhBuild students who overcame a number of obstacles to realize success, but she is also proud of the staff that played a role in their success. These individuals include the building trades instructor, Bobby Fitzgerald; program manager, Jo Nelson; construction manager, Lee Lovern; support counselor, Napoleon Bailey; classroom instructors Nikki Edw~ds, Hazel Clay and Juanita Smith; and special projects coordinator, Jackie Bass. During the open house ceremony, the students turned the key to Tazewell Ave., S. E. over into the hands of TAP officials. Their statement to TAP is, "Our job has been done." TAP's response is, "Well done YouthBuild students, well done." TAP This Valley Works is now gearing up for another YouthBuild class as it prepares to build a house on 12th Street, S.E. Carl L. Palmer Biographical Sketch Palmer has 30 years of transit management experience. Currently, Palmer serves as contract consultant for First Transit, Inc., responsible for carrying out assignments for corporate headquarters and transit authorities contracting with First Transit. As a contract manager for First Transit between June 2005 and October 2007, Palmer served as Executive Director of the Chatham Area Transit Authority, serving Savannah and Chatham County, Georgia. Before contracting with First Transit, Palmer spent twenty-six years in Cincinnati, Ohio with the Southwest Ohio Regional Transit Authority (SORTA), where he served as Manager of Access, SORT A's service for people with disabilities, Director of Planning and Scheduling, and Director of Development. A native of Washington D.C., Palmer was educated in Ohio at Wilberforce University and Antioch University. Palmer is married with three children and seven grandchildren. ### Leon Alder Biographical Sketch Leon is a veteran First Transit Manager with experience as General Manager in Tyler, Texas, Rocky Mount, North Carolina and Asheville, North Carolina and as a corporate consultant for First Transit. Leon also served as Director of Four County Transit in Southwest Virginia and served as the public transit representative on the Virginia Board for People With Disabilities. He was appointed Assistant General Manager for GRTC March 1 and now serving as Interim General Manager. He is a retired Non-Commissioned Officer in the US Army Reserve with 31 years experience in infantry and logistics. Leon is a graduate of Berea College in Kentucky with a BS in Business Administration and a Master's from Radford University. Leon is a native of the coalfields of Kentucky, married with seven children (five daughters and twin sons)and seven grandchildren with his wife being a teacher of visually impaired. ### 2. Office of the Mayor CITY OF WHEREAS, emergencies can occur at any time and the prompt response of police officers, firefighters and paramedics is critical to the protection of life and the preservation of property; and WHEREAS, the safety of police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the City of Roanoke E-911 Center; and WHEREAS, public safety telecommunicators are the first and the most critical contact that citizens have with emergency services, and they provide the single vital link for police officers and firefighters by monitoring activities by radio, providing information and ensuring safety; and WHEREAS, public safety telecommunicators of the City of Roanoke E-911 Center have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients, and each public safety telecommunicator has exhibited compassion, understanding and professionalism during the performance of their duties. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, in honor of the men and women whose diligence and professionalism keep the City and its citizens safe, do hereby proclaim the week of April 12 - 18,2009, throughout this great All-America City, as NATIONAL PUBLIC SAFETY TELECOMMUNICA TOR'S WEEK. Given under our hands and the Seal of the City of Roanoke this 6th day of April in the year two thousand and nine. ATTEST: David A. Bowers Mayor ~~~ rn. ~O~ Stephanie M. Mooh City Clerk 2009 GOVERNOR1S ENVIRONMENTAL EXCELLENCE AWARD City of Roanoke, Virginia Outdoors Foundation, and Western Virginia Land Trust WHEREAS, Article XI of the Constitution of Virginia states that "it shall be the Commonwealth's policy to protect ; atmosphere, lands, and waters from pollution, impairment, or destruction, for the benefit, enjoyment, and general elfare of the people of the Commonwealth;" and WHEREAS, the Commonwealth seeks to recognize those who have demonstrated leadership, innovation, and Immitment to the preservation of Virginia's special lands and landmarks; and WHEREAS, land conservation protects the unique natural, historic, recreational, scenic, and cultural resources of lrginia for future generations toenjoy; NOW, THEREFORE, I, Timothy M. Kaine, Governor, do recognizeJhe City of Roanoke, the Virginia Outdoors mndation, and the Western Virginia Land Trust as recipients of the 2009 Governor's Environmental Excellence ward for their demonstrated commitment to land stewardship in Virginia through the Carvins Cove Conservation lsement. /) j~i l: , Governor ~ Secretary of Natural Resources WESTERN VIRGINIA WATER AUTHORITY BOARD OF DIRECTORS March 20, 2009 Stephanie Moon, CMC City Clerk City of Roanoke, Virginia 215 Church Ave., S.W., Room 456 Roanoke, VA 24011 Dear Ms. Moon: I wish to inform you that Dr. M. Rupert Cutler tendered his resignation as a member of the Board of Directors of the Western Virginia Water Authority effective at the close of the March 19, 2009 board meeting. This position is appointed by the Roanoke City Council. The Board of Directors requests that the City Council initiate the process to replace Dr. Cutler. Please let me know if I can be of assistance. Sincerely, r1 r (J&un/ ,~ Jean Thurman Secretary WVWA Board of Directors Our Mission /s Clear 601 S. Jefferson Street .Suite 200. Roanoke VA 24011-2414 540-853-1536.540-853-1600 (fax). jean.thurman@westernvawater.org WESTERN VIRGINIA WATER AUTHORITY BOARD OF DIRECTORS March 20, 2009 Stephanie Moon, CMC City Clerk City of Roanoke, Virginia 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Dear Ms. Moon: I am enclosing a copy of Resolution No. 160 (03-09) thanking Dr. M. Rupert Cutler for his service as Director of the Western Virginia Water Authority (Authority). Resolution No. 160 (03-09) was adopted by the Authority's Board of Directors at a regular meeting held on March 19, 2009 and requests that this resolution be read into the permanent public records of the City Council of the City of Roanoke, Virginia. Sincerely, qe4m/--'~ Jean Thurman Secretary WVWA Board of Directors Enclosure Our Mission Is Clear 601 S. Jefferson Street .Suite 200. Roanoke VA 24011-2414 S40-853-1 536 . 540-853-1600 (fax) . jean,thurman@westernvawater.org RESOLUTION #160 (03-09) OF THE WESTERN VIRGINIA WATER AUTHORITY Thanking Dr. M. Rupert Cutler for his Service as Director of the Authority WHEREAS, the Western Virginia Water Authority (the "Authority"), a public service authority formed and existing in accordance with the provisions of Chapter 51 of Title 15.2 of the Code of Virginia, 1950, as amended, the Virginia Water and Waste Authorities Act SS 15.2-5100-15.2-5158 (the "Act"), has benefited from the generous and capable service of its Chairman and Director, Dr. M. Rupert Cutler; and WHEREAS, heretofore by concurrent resolutions the Board of Supervisors of Roanoke County, Virginia, and the City Council of the City of Roanoke, Virginia, appointed M. Rupert Cutler to serve his first term as a director of the Western Virginia Water Authority and he was reappointed by the City Council of the City of Roanoke to serve a second term; and WHEREAS, M. Rupert Cutler has brought to the Authority his extensive experience both as Assistant Secretary of Agriculture for Conservation, Research and Education during the Carter Administration, as trustee of the Virginia Outdoors Foundation, as well as numerous other positions of importance and influence held by Dr. Cutler during his long and fruitful career; and, WHEREAS, M. Rupert Cutler, in his unofficial capacity as the "Green Conscience" of the Authority, has kept environmental issues at the forefront of his thinking, and has consistently and faithfully reminded both the Board and the Executive Directors of his commitment to sustainability; and, WHEREAS, in spite of his passionate idealism, Dr. Cutler has maintained a healthy pragmatism in all his efforts, due certainly to his long experience in both national and local politics; and, WHEREAS, not the least of his value to the Authority, the Executive Directors, his fellow Directors, and the Authority Staff, has been his unfailing good humor, his genuine belief in and encouragement of their efforts, and his being, in plain words, just a "dum good guy;" and, WHEREAS, the occasion of his leaving the Authority is his having been transported to a higher calling, due to the recognition on the part of the Council of the City of Roanoke, Virginia, of his obvious attributes and his valuable contributions. - 1 - NOW THEREFORE, be it resolved by the Board of Directors of the Western Virginia Water Authority that they each extend their heartfelt thanks and gratitude to Dr. M. Rupert Cutler for his service to the Authority, and that they extend their warmest regards and best wishes for his continued health and success. AND BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Board of Supervisors of Roanoke County, Virginia, and to the City Council of the City of Roanoke, Virginia, with the request that it be read into the permanent public records of such governing bodies. This resolution shall take effect immediately. CERTIFICATION The undersigned secretary of the Western Virginia Water Authority does hereby certify that the foregoing is a true, complete and correct Resolution adopted by a vote of a majority of the Directors of the Western Virginia Water Authority, present at a regular meeting of the Board of Directors of the Western Virginia Water Authority duly called and held March 19, 2009, at which a quorum was present and acting throughout, and that the same has not been amended or rescinded and is in full force and effect as of the date of this certification, March 20,2009. I; j (SEAL) ~ n Thurman, Secretary, estern Virginia Water Authority " I ' ," - 2 - 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 CECELlA T. WEBB Assistant Deputy City Clerk April 7, 2009 Linda Bedasaul, Secretary Parks and Recreation Advisory Board Roanoke, Virginia Dear Ms. Bedasaul: This is to advise you that Mary F. Monk has qualified as a member of the Parks and Recreation Advisory Board for a three-year term of office ending March 31, 2012. Sincerely, ~m, '1e~ Stephanie M. Moon, CMC City Clerk S M M :ew pc: Sheila N. Hartman, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Mary F. Monk, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Parks and Recreation Advisory Board, for a three-year term ending March 31, 2012, according to the best of my ability (So help me God). It/a:! .1 III od- Subscribed and sworn to before me this ~ day Of~009. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT By~d2~/ ,~ K\oath and leaving service\Parks and Rec\Mary F monk 3 12 oath. 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 STEPHANIE M. MOON, CMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk April 7, 2009 Cathy S. Pendleton, Secretary Roanoke Regional Airport Commission Roanoke Regional Airport 5202 Aviation Drive, N. W. Roanoke, Virginia 24012-1148 Dear Ms. Pendleton: This is to advise you that Bittle W. Porterfield, III, has qualified as a City representative to the Roanoke Regional Airport Commission for a term ending March 9, 2013. Sincerely I ~,)n. hJOOY0 Stephanie M. Moon, CMC City Clerk SM M :ew pc: Brenda J. Holton, CMC, Acting Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018 Sheila N. Hartman, CMC, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Bittle W. Porterfield, III, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative to the Roanoke Regional Airport Commission for a term ending March 9, 2013, according to the best of my ability (So help me God). ,l?~4/. h~4pZ Subscribed and sworn to before me this l.2. day of ~009. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT B~~ ~:ts- K:\oath and leaving service\Airport Commission\Bittle Porterfield oath 2009.doc '_"J. 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 April 6, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Request to Schedule a Public Hearing for the Conveyance of City-Owned Property Background: W.E. Muse Station, LP, a Virginia limited partnership, has made a proposal to acquire three (3) City-owned parcels located at 425 Church Avenue, S.W. (Tax Map Numbers 1011206, 1011209, 1011210), which is the former YMCA facility. W. E. Muse Station, LP proposes to renovate the existing building resulting in approximately 16,000 square feet of commercial space and approximately 32 rental apartments with an overall investment of at least $3,400,000. A contract has been developed which will convey the property to W. E. Muse Station, LP under certain terms, conditions, and performance obligations of the buyer both prior to, and subsequent to, the real estate closing. A public hearing is required prior to City Council authorizing the execution of the contract for the conveyance of this City-owned property. Recommended Action: Authorize the scheduling of a public hearing on April 20, 2009, at 7:00 p.m., to consider the conveyance of the aforementioned property. Respectfully submitted, Darlene L. Bu cham City Manager Honorable Mayor and Members of City Council April 6, 2009 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 Cassandra L. Turner, Economic Development Specialist CM09-00057 : ( '. t i ; ;.\ (d i },(.! t" '" 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 SHEILAN. HARTMAN, CMC . Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk April 7, 2009 CECELIA T. WEBB Assistant Deputy City Clerk Jacqueline L. Shuck, Executive Director Roanoke Regional Airport Commission 5202 Aviation Drive, N. W. Roanoke, Virginia 24012-1148 Dear Ms; Shuck: I am enclosing copy of Resolution No. 38400-040609 approving the Roanoke Regional Airport Commission's 2009-2010 proposed operating and capital budget, upon certain terms and conditions. The aboverefer~nced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 2009. Sincerely, ~~ m. OjO~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Brenda J. Holton, CMC, Acting Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018 Darlene L. Burcham, City Manager Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget ~ 1'. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of April, 2009. No. 38400-040609. A RESOLUTION approving the Roanoke Regional Airport Commission's 2009-2010 proposed operating and capital budget upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that in accordance with the requirements of the Roanoke Regional Airport Commission Act, as amended by the General Assembly of Virginia, Chapter 385, 1996 Acts of Assembly, and the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended by First Amendment, dated December 6, 1996, the City of Roanoke hereby approves the Airport Commission's 2009-2010 proposed operating and capital budget, as well as a separate listing of certain proposed capital expenditures, as more particularly set forth in a report from the Commission to this Council, dated March 18,2009. ATTEST: ~::'~~ K:\Measures\Airport Commission Annual Budget 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 April 6, 2009 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: I would like to sponsor a request from Jacqueline L. Shuck, Executive Director of the Roanoke Regional Airport, for City Council to approve its Fiscal Year 2009-2010 Operating Budget and Capital Expenditures. Darlene L. Bur City Manager DLB:jb c: City Attorney Director of Finance City Clerk ROANOKE REGIONAL AIRPORT COMMISSION 5202 Aviation Drive Roanoke, VA 24012-1148 (540) 362-1999 FAX (540) 563-4838 www.roanokeairport.com March 18, 2009 Honorable Mayor and Members Roanoke City Council 215 Church Avenue, S W Roanoke, Virginia 24011 Re: Roanoke Regional Airport Commission Fiscal Year 2009- 2010 Budget and Proposed Capital Expenditures Dear Mayor Bowers and Members of Council: In accordance with the requirements of the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended, the Roanoke Regional Airport Commission is hereby submitting its Fiscal Year 2009-2010 Operating Budget (Attachment I) for approval. This Budget was adopted by the Commission at its meeting on March 17, 2009. Weare also providing a separate listing of Capital Expenditures which are expected to exceed $100,000 in cost and are intended to benefit five or more future accounting periods (Attachment II). You will note that no deficit is anticipated in either the Operating Budget or for the listed Capital Expenditures; therefore, no additional appropriations are being requested or anticipated from the City or the County of Roanoke. Formal approval of the Operating Budget and the Capital Expenditure List by resolution of each of the participating political subdivisions would be appreciated. I would be pleased to respond to any questions or comments that you may have with regard to this matter. On behalf of the Commission, thank you very much for your assistance and cooperation. ~. Jacqueline L. Shuck Executive Director Enclosures cc: Chairman and Members, Roanoke Regional Airport Commission Mark Allan Williams, General Counsel, Roanoke Regional Airport Commission William Hackworth, Roanoke City Attorney Stephanie Moon, Clerk, Roanoke City Council Attachment I ROANOKE REGIONAL AIRPORT COMMISSION FOR YEAR 2009.2010 BUDGET 2008-2009 2009-2010 Budget Budget Percentage EXPENSE BUDGET Expenditures Expenditures Change 1 Operations and Maintenance Expenses A. Salaries, Wages and Benefits $4,199,515 $4,011,224 -4.5% B. Operating Expenditures 3,155,510 2,990,395 -5.2% C. Other Maintenance & Improvement Projects 155,500 240,000 54.3% Total Operations and Maintenance 7,510,525 7,241,619 -3.6% 2 Non-Operatino Expenses A. Interest 200,045 104,194 -47.9% B. Debt Service 507,693 81,214 -84.0% Total Non-Operating 707,738 185,408 -73.8% 3 Capital Expenses A. Capital Projects and Purchases 400,075 89,600 -77.6% Total Capital Expenses 400,075 89,600 -77.6% Total Budgeted Expenditures 8,618,338 $ 7,516,627 -12.8% 2008-2009 2009-2010 Projected Projected REVENUE PROJECTIONS Revenues Revenues Change 1 Operatinq Revenues A. Airfield $1,502,600 $1,302,877 -13.3% B. General Aviation 375,637 388,189 3.3% C. Terminal Related 5,169,637 4,488,630 -13.2% D. Other Revenues 346,198 320,930 -7.3% Total Projected Operating Revenues 7,394,072 6,500,626 -12.1% 2 Non-Operatino Revenues A. Interest from Debt Service 40,000 0 -100.0% B. Interest on Investments 828,634 548,162 -33.8% C. State Funds 438,400 372,200 -15.1% D. Federal Reimbursable Funds 137,400 140,000 1.9% E. Gain/(Loss) on sale of assets 0 0 Total Projected Non-Operating Revenues 1,444,434 1,060,362 -26.6% Total Projected Revenue $ 8,838,506 $ 7,560,988 -14.5% ATTACHMENT II Proposed Capital Expenditures (For projects expected to exceed $100,000 in cost and intended to benefit five or more accounting periods) I. Projects A. Screening Checkpoint Modifications: 1. Description: Convert Gate # 1 to checkpoint screening area. 2. Justification: In order to provide for two lines moving through the checkpoint at busy travel times, Gate # 1 will temporarily become the location of the screening equipment and procedures, with the passenger queue being relocated to the current X-ray machine location. At a later time the building will be expanded to provide for a double lane. Estimated Cost: $200,000 B. Upgrade Fire Alarm System: 1. Description: Upgrade and expand twenty year old analogue fire alarm system to a digital system. 2. Justification: This aging system is becoming harder to repair and, for safety purposes, the control panel needs to be relocated to the Security Operations Center. In addition, the upgraded system will provide greater life safety protection and comply with the current building code. Estimated Cost: $225,000 II. Anticipated Funding Sources: State Aviation Grant Funds Commission Capital Funds City and County Funds $ 301,750 123,250 o Estimated Total Projects Funding $ 425,000 RESOLUTION OF THE ROANOKE REGIONAL AIRPORT COMMISSION Adopted this 17th day of March 2009 No. 03-031709 A RESOLUTION approving and adopting the Commission's Operating and Capital Purchase Budget for fiscal year 2009-2010. BE IT RESOLVED by the Roanoke Regional Airport Commission that the fiscal year 2009-2010 Operating and Capital Purchase Budget for the Commission as set forth in the report and accompanying attachment by the Executive Director dated March 17,2009, is hereby approved; BE IT FINALLY RESOLVED that the Executive Director is authorized on behalf of the Commission to submit the fiscal year 2009-2010 Operating and Capital Purchase Budget, as well as a list of Proposed Capital Expenditures, to the Roanoke City Council and the Roanoke County Board of Supervisors for approval pursuant to the contract between the Commission, Roanoke City and Roanoke County dated January 28, 1987, as amended. '-.'. ~ .......... -'", '- :VJ-fYY)d1L~. .~ . -, , , ~./ VOTE: AYES: NAYS: ABSENT: Dooley, Minnix, Porterfield, Turner None Stewart 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 April 7,2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. Wf:BB Assistant Deputy City Clerk Daniel D. Miles, P. E. Chief Executive Officer Roanoke Valley Resource Authority 1020 Hollins Road, N. E. Roanoke, Virginia 24012 Dear Mr. Miles: I am enclosing copy of Resolution No. 38401-040609 approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2009-2010, upon certain terms and conditions. The abovereferenced measu re was adopted by the Council of the City of Roanoke at a regl,.llar meeting held on Monday, April 6, 2009. Sincerely, ~~. 'rr)O~ Stephanie M. Moon, CMC City Clerk SM M :ew Attachment pc: Brenda J. Holton, CMC, Acting Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018 Darleen R. Bailey, Clerk, Town of Vinton, 311 S. Pollard Street Vinton, Virginia 24179 Darlene L. Burcham, City Manager Ann H. Shawver,. Director of Finance William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget p)' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 2009. No. 38401-040609. A RESOLUTION approvmg the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2009-2010, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the annual budget for the Roanoke Valley Resource Authority for Fiscal Year 2009-2010, in the amount of $10,410,104 is hereby approved, all as more particularly set forth in a letter to the City Manager, dated March 26, 2009, from Daniel D. Miles, P.E., Chief Executive Officer of Roanoke Valley Resource Authority, copies of which have been provided to Council. ATTEST: ~rn.ry~ City Clerk. R-RVRA budget.2010.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 April 6, 2009 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: I would like to sponsor a request from Daniel D. Miles, Chief Executive Officer of the Roanoke Valley Resource Authority, for City Council to approve its Fiscal Year 2009-2010 annual budget. Darlene L. Bur City Manager DLB:jb c: City Attorney Director of Finance City Clerk .. _' ...- J-, -. 'Z.:'-l.r-"t'-''s. !-'H'.,.' r.! F!?V '~'l\.i nHb: j~j Prl lei:].:! ....J. 1 t .....;..._1.1\ ... -,. .. 1.' ROANOKE VALLEY RESOURCE AUTHORITY March 26, 2009 Ms. Stephanie M. Moon City Clerk, City of Roanoke Municipal Building Room 456 215 Church Avenuy, SW Roanoke, VA 24011-1536 Dear Ms. Moon: In accordance with the Member Use Agreement, the Resource Authority is submitting its FY 2009-201 o ".annual budget to the City Council for approval. Enclosed are copies oqhe FY 2009-2010 budget for each member ofthe City Council. A copy of the budget along with the attached letter has been sent to Ms. Burcham. I believe this item is scheduled for action by the City Council at 2:00 p.m. on April 6, 2009. If you have any questions, need additional copies of the budget, or need to reschedule our placement on the Council's agenda, please let me know. Your help with this matter is appreciated. S;Z;:.tJ#X4 Daniel D. Miles, P.E. Chief Executive Officer cc: Bob Bengtson, P.E. 1020 Hollins Road, NE Roanoke, Virginia 24012-8011 (540) 857-5050 Fax (540) 857-5056 Web Site: www.rvra.net t_, l...... ~, ROANOKE VALLEY RESOURCE AUTHORITY March 26, 2009 Ms. Darlene Burcham, City Manager City of Roanoke 215 Church Avenue, S.W. Noel C. Taylor Building, Room 364 Roanoke, VA 24011 ~~!4 Dear Ms. ~am: On March 25,2009, the Roanoke Valley Resource Authority approved its FY 2009/2010 annual budget. The balanced budget totals $10,410,104 and represents an increase of 0.3% from the current FY 2008/2009 budget with no increases in our general tipping fee rates. A copy of the budget is attached. However, please note the approved budget does include an increase in the rate for commercial wood mulch sales to better reflect the true value of this material while continuing to provide free mulch to our residents when available. Weare also revising our rates for tire disposal which is anticipated to have the net effect oflowering the rates while more accurately capturing the appropriate fees for this service. The Authority has scheduled an informal public comment meeting on June 4, 2009 at 7 p.m. at the Tinker Creek Transfer Station for staffto receive and address any questions, comments, or concerns from the public on these rate changes prior to a public hearing. And in accordance with the provisions ofthe Virginia Water and Waste Authorities Act (the "Act"), a public hearing by the Authority's Board of Directors is scheduled on June 24, 2009 at 12:00 p.m. as a part of the regularly scheduled board meeting. Also, please be informed that in accordance with Section 15.2-5136.G. of the Code of Virginia, as amended, which requires "a copy ofthe notice shallbe mailed to the governing bodies of all localities in which such systems...is located," a copy of the "Notice of Public Hearing," which includes these pending changes and the revised rate schedule is attached. The Resource Authority strives to provide the most cost-effective solid waste disposal services possible in a fiscally and environmentally responsible manner while maintaining our contractual obligations and high quality service to the Roanoke Valley. This budget is a reflection ofthose efforts and includes the Authority's plans to assume the operations of a permanent household hazardous waste facility to better serve the residents of our member communities. Historically, this specific service and its associated costs of approximately $100,000 annually have been provided and funded directly by the Authority's three member communities. 1020 Hollins Road, NE Roanoke, Virginia 24012-8011 (540) 857-5050 Fax (540) 857-5056 Web Site: www.rvra.net i \~. Ms. Darlene Burcham Page 2 March 26, 2009 In accordance with our "Member Use Agreement," the Authority's 200912010 annual budget has been submitted to the City Clerk with a request for the City Councils' approval. It is my understanding Ms. Moon has scheduled this item to be on the City Councils' agenda for the 2.:00 p.m. session on April 6, 2009. Please let me know if you have any questions regarding the Authority's budget or if you would like to meet with me to discuss this issue prior to addressing the City Council. The Resource Authority is committed to serving the residents and businesses ofthe City of Roanoke as a Charter Member and we look forward to continued success. Sincerely, ~#~ Daniel D. Miles, P.E. Chief Executive Officer Attachments )-. ' NOTICE OF PUBLIC HEARING ON PRELIMINARY FEE SCHEDULE FOR ROANOKE VALLEY RESOURCE AUTHORITY Notice is hereby given that the Roanoke Valley Resource Authority ("Authority") will hold a public hearing in accordance with Section 15.2-5136 of the Code of Virginia, as amended, on the Authority's preliminary schedule of fees and charges to be assessed in connection with the use of the Authority's garbage arid refuse collection and disposal system and related facilities. The public hearing, which may be continued or adjourned, will be held at 12:00 noon, or as soon thereafter as may be practicable, on June 24, 2009, at the Authority's offices at 1020 Hollins Road, N.E., Roanoke, Virginia. Prior to the public hearing, staff of the Authority will be available to meet with all interested parties and take comments on June 4,2009 at 7 p.m. at the Authority's offices. The resolution adopted by the Authority on March 24, 2009, establishing the preliminary fees and charges is set forth below: RESOLUTION RA#2009-523 A RESOLUTION setting forth and providing for Public Notice and Hearing on the Authority's Preliminary schedule of revised rates, fees, and charges. WHEREAS, the Roanoke Valley Resource Authority ("Authority"), in accordance with the provisions of the Virginia Water and Waste Authorities Act, intends to establish a revised schedule of rates, fees, and charges to be charged by the Authority to users of the Authority's garbage and refuse collection and disposal system and related facilities ("System"), providing for the following changes in the Authority's rates, fees, and charges: (i) increase the mulch fees for: - "Single Axle Dump Trucks" from $10/load to $20/load; - "Tandem Dump Trucks" from $20/load to $30/load; and, - "Tractor Trailers" from $60/load to $90/load; (ii) delete the separate fees for "Split Tires" and "Whole Tires" and add one fee for "Tires" (whole or split) at $140/ton; and, (iii) change the rate for "Tires Mixed with Other Waste" from "$55/ton Plus $5 Per Tire" to "Prevailing Rate/Ton + $5/tire" and delete the fee of "$55 Per Ton Plus $2 Per Tire". NOW, THEREFORE, BE IT RESOLVED by the Roanoke Valley Resource Authority as follows: )f 1. Fees and Charoes. The preliminary schedule of revised rates, fees, and charges to be charged by the Authority for the use of the System are as set forth on Exhibit A, which is attached to and incorporated in this resolution. 2. Public Comment Hearino. A Public Comment Hearing conducted by Authority Staff is hereby scheduled for 7:00 p.m. on June 4, 2009 at the Authority's Tinker Creek Transfer Station on the preliminary schedule of revised rates, fees, and charges. 3. Public Hearina. A Public Hearing is hereby scheduled for the Authority's regularly scheduled June Board Meeting at 12:00 p.m. on June 24,2009 at the Authority's Tinker Creek Transfer Station on the preliminary schedule of revised rates, fees, and charges. 4. Notice of Public Hearino. The Chief Executive Officer and Secretary of the Authority are authorized and directed to publish the required Notice of Public Hearing setting forth the preliminary schedule of revised rates, fees, and charges in a newspaper having general circulation in the area to be served by the Authority. The Authority Secretary is authorized and directed to mail a copy of such Notice of Public Hearing, including this Resolution, to the Board of Supervisors of Roanoke County, the Town Council of the Town of Vinton, and the City Council of the City of Roanoke. After such public hearing, the preliminary schedule, either as originally adopted or as amended, may be adopted and put into effect. 4. Effective Date. This Resolution shall take effect immediately. ATTEST: ~t&~-A -rClfhdo~ D orah T. harles RVRA Board Secretary ROANOKE VALLEY RESOURCE AUTHORITY WASTE DISPOSAL FEES & CHARGES AS OF: JULY 1, 2009 CONSTRUCTION AND DEMOLITION WASTE $45.00 PER TON $55.00 PER TON $55.00 PER TON MUNICIPAL WASTE COMMERCIAL WASTE WOOD WASTE CLEAN LOADS OF BRUSH OR WOOD FOR TUB GRINDING (MUST MEET RESOURCE AUTHORITY SPECIFICATIONS.) $35.00 PER TON TIRES TIRES MIXED WITH OTHER WASTE $140.00 PER TON PREVAILING RATE PLUS $5.00 PER TIRE SPECIAL WASTES (ACCEPTED ONLY WITH PRIOR APPROVAL & NOTIFICATION.) ASBESTOS (NON FRIABLE) ASBESTOS (FRIABLE) DEAD ANIMALS OTHERS (AS DETERMINED BY RESOURCE AUTHORITY) $55.00 PER TON $100.00 PER TON $55.00 PER TON $55.00-$100.00 PER TON UNCOVERED VEHICLES ADDITIONAL $10.00 $5.00 MINIMUM CHARGE FOR PER TON FEES WOOD MULCH SALES PICK UP TRUCKS AND SMALL TRAILERS SINGLE AxLE DUMP TRUCKS, INCLUDING LARGE COMMERCIAL Tow TRAILERS (>8') TANDEM DUMP TRUCKS TRACTOR TRAILERS NO CHARGE. $20.00 $30.00 $90.00 UNACCEPTABLE WASTE CHARGES $100.00 PER TON, MINIMUM ONE TON PLUS HANDLING COSTS, RELATED DAMAGES, AND LOST REVENUE LATE ACCOUNT PENALTY 10% OF AMOUNT PLUS INTEREST AT THE LEGAL RATE ON THE PRINCIPAL NOTE: THE ROANOKE VALLEY RESOURCE AUTHORITY RESERVES THE RIGHT TO ESTABLISH FEES AND CHARGES AS IT DEEMS NECESSARY AND APPROPRIATE FOR WASTES NOT LISTED HEREIN AND TO REFUSE TO ACCEPT ANY MATERIAL DEEMED BY THE AUTHORITY TO BE UNACCEPTABLE. RESOLUTION OF THE ROANOKE VALLEY RESOURCE AUTHORITY Adopted this 25th day of March 2009 RA#2009-523 A RESOLUTION setting forth and providing for Public Notice and Hearing on the Authority's Preliminary schedule of revised rates, fees, and charges. WHEREAS, the Roanoke Valley Resource Authority ("Authority"), in accordance with the provisions of the Virginia Water and Waste Authorities Act, intends to establish a revised schedule of rates, fees, and charges to be charged by the Authority to users of the Authority's garbage and refuse collection and disposal system and related facilities ("System"), providing for the following changes in the Authority's rates, fees, and charges: (i) increase the mulch fees for: - "Single Axle Dump Trucks" from $10/load to $20/load; - "Tandem Dump Trucks" from $20/load to $30/load; and, - "Tractor Trailers" from $60/load to $90/load; (ii) delete the separate fees for "Split Tires" and "Whole Tires" and add one fee for "Tires" (whole or split) at $140/ton; and, (iii) change the rate for "Tires Mixed with Other Waste" from "$55/ton Plus $5 Per Tire" to "Prevailing Rate/Ton + $5/tire" and delete the fee of "$55 Per Ton Plus $2 Per Tire". NOW, THEREFORE, BE IT RESOLVED by the Roanoke Valley Resource Authority as follows: 1. Fees and Charaes. The preliminary schedule of revised rates, fees, and charges to be charged by the Authority for the use of the System are as set forth on Exhibit A, which is attached to and incorporated in this resolution. . 2. Public Comment Hearina. A Public Comment Hearing conducted by Authority Staff is hereby scheduled for 7:00 p.m. on June 4,2009 at the Authority's Tinker Creek Transfer Station on the preliminary schedule of revised rates, fees, and charges. 3. Public HearinQ. A Public Hearing is hereby scheduled for the Authority's regularly scheduled June Board Meeting at 12:00 p.m. on June 24, 2009 at the Authority's Tinker Creek Transfer Station on the preliminary schedule of revised rates, fees, and charges. 4. Notice of Public HearinQ. The Chief Executive Officer and Secretary of the Authority are authorized and directed to publish the required Notice of Public Hearing setting forth the preliminary schedule of revised rates, fees, and charges in a newspaper having general circulation in the area to be served by the Authority. The Authority Secretary is authorized and directed to mail a copy of such Notice of Public Hearing, including this Resolution, to the Board of Supervisors of Roanoke County, the Town Council of the Town of Vinton, and the City Council of the City of Roanoke. After such public hearing, the preliminary schedule, either as originally adopted or as amended, may be adopted and put into effect. 4. Effective Date. This Resolution shall take effect immediately. On motion of Ms. Snyder to approve resolution RA2009-523 setting forth the Authority's preliminary schedule of revised rates, fees, and charges, seconded by Mr. Kennedy, and carried by the following recorded vote: AYES: Mr. Bengtson, Ms. Green, Ms. Hyatt, Mr. Kennedy, Ms. Snyder, Mr. Tensen NAYS: None ABSENT: Mr. Levy ATTEST: dl1t~~ r ~ De orah T. Charles RVRA Board Secretary RESOLUTION NO. 1818 AT A REl3lJLAR MEETING OF THE VINTON TOWN COUNCIL HELl) ONTUESDA Y, APRIL 7, 2009, AT 7:00 P,M. IN THE COUNCIL CHAMBERS OF THp VINTON MUNICIPAL .6IJILDING, 311 SOUIB POLLARD STREET, VINTON, VIRGINIA vVHEREAS, the Town of Vinton, along with Roanoke County and Roanoke City are the gov~rning bodies ofthe.Roanoke Valley Resource Authority (RVRA); WHEREAS, ih accordance. with the Member Use Agreement dated 23 October 1991, . the annual budget of the Authority must he submitted for approval by each oOhe govemingbodies; and WHEREAS, on March 25,2009, the RVRA approved its 2009..2010 annual budget in the amount of $10,410,104 to be submitted for approval. NOW THEREFORE BE IT RESOLVED, that the Vinton Town Council does hereby approve the 2009-2010 operatinghudget in the amount of $10,410,104 to operate and maintain the Roanoke Valley Resource Authority. Adopted on motiOn ma.de by CouncilmemberNance, and seconded byCollncilmember Fidler, with the iDllowing votes i"ecorded: AYES: Altice, Fidler; Nance, Obenchain arid Mayor Giose NAYS: None APPROVED: /'). '?/. ~.'. ATTEST: ~~~ Darleen R. Bailey, Town Cle .. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk April 7, 2009 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. 38403-040609 appropriating funds from the Commonwealth of Virginia for the FY09 Workforce Investment Act Computer Literacy Grant, 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, April 6, 2009, and is in full force and effect upon its passage. Sincerely, A~ m, ~&vv Stephanie M. Moon, CMC City Clerk SMM:ew. Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Jane R. Conlin, Director, Human/Social Services 2< '\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 2009. No. 38403-040609. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the FY09 Workforce Investment Act Computer Literacy Grant, 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 Contract Services 35-633-2359-8057 $ 5,451 Revenues Workforce Investment Act Computer Literacy FY09 35-633-2359-2359 5,451 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~Yn.~D~ City Clerk, 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 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk April 7, 2009 CECELlA T. WEBB Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38402-040609 accepting the Western Virginia Workforce Development Board Workforce Investment Act Computer Literacy Grant, and authorizing the City Manager to execute the requisite documents necessary to accept the funding. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 2009. Sincerely, i,~ hI. OY)oG"rV Stephanie M. Moon, CMC City Clerk SMM :ew Attach ment pc: Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Jane R. Conlin, Director, Human/Social SelVices Q~L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of April, 2009. No. 38402-040609. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act Computer Literacy Grant, and authorizing the City Manager to execute the requisite documents necessary to accept the funding. BE IT RESOLVE!) by the Council of the City of Roanoke as follows: 1. The Western Virginia Workforce Development Board Workforce Investment Act Computer Literacy Grant in the amount of $5,451, to be used during the period of February 1,2009 through June 30, 2009 for the purpose of meeting the computer literacy needs of certain WIA client population, as more particularly set out in the City Manager's letter dated April 6, 2009, to City Council, is hereby ACCEPTED. 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite documents necessary to accept such funding. All documents shall be upon form approved by the City Attorney. ATTEST: ~e~'hjo~ K:\David\Council Work\westem va workforce development\resolution-4-06-09.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov April 6, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Funding for Western Virginia Workforce Development Board Work- Force Investment Act (WI A) Prog ram s Background: The City of Roanoke is the grant recipient for Workforce Investment Act (WIA) funding. City Council must appropriate the funding for all grants and other monies received in order for the Western Virginia Workforce Development Board to administer WIA programs. The Western Virginia Workforce Development Board administers the federally funded Workforce Investment Act (WIA) for Area 3, which encompasses the counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the cities of Covington, Roanoke, and Salem. WIA funding is for four primary client populations: · Dislocated workers who have been laid off from employment through no fault of their own; · Economically disadvantaged individuals as determined by household income guidelines defined by the U.S. Department of Labor; · Youth who are economically disadvantaged, or who have other barriers to becoming successfully employed adults; and · Businesses in need of employment and job training services. Honorable Mayor and Members of City Council April 6, 2009 Page 2 The. Western Virginia Workforce Development Board (Area III) has received a Notice of Obligation (NOD), from the Virginia Community College System, allocating $5,451 to be used during the period of February 1, 2009, through June 30, 2009. The State has awarded these funds to assist / local workforce Area III in meeting computer literacy needs of the WIA Adult, Dislocated Worker and Youth populations. . Considerations if grant is accepted: . Program Operations - .Existing activities will continue and planned programs will be implemented. . Funding - Funds are available from the Grantor agency and other sources as indicated, at no additional cost to the City. Recommendations: Accept the Western Virginia Workforce Development Board Workforce Investment Act Computer Literacy Grant funding of $5,451 . . Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $5,451 and appropriate the same amount in accounts to be established in the Grant Fund, under the contract services account .code, by the Director of Finance. ~ Darlene L. BUll City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget R. Brian Townsend, Asst. City Manager for Community Development Jane R. Conlin, Director of Human Services . CM09-00049 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk April 7, 2009 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. 38405-040609 appropriating funds from the Commonwealth of Virginia for reimbursement to the Fire and Police Departments of hurricane deployment related expenses, and amending and reordaining certain sections of the 2008-2009 General Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 2009 and is in full force and effect upon its passage. Sincerely, ~hi.~Uyv Stephanie M. Moon, CMC City Clerk SM M :ew Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget H. David Hoback, Fire-EMS Chief A. L. Gaskins, Chief of Police 't-.1f IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 6th day of April, 2009. No. 38405~040609. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for . reimbursement to the Fire and Police Departments of hurricane deployment related expenses, amending and reordaining certain sections of the 2008-2009 General 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 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Salaries Overtime Wages Regular Salaries Overtime Wages Business Meals and Travel Regular Salaries Overtime Wages Workers Comp Medical Special Projects Regular Salaries Overtime Wages Regular Salaries Overtime Wages Training and Development 01-520-3211-1002 01-520-3211-1003 01-520-3212-1002 01-5~0-3212-1003 01-520-3212-2144 01-520-3213-1002 01-520-3213-1003 01-520-3213-1140 01-520-3520-2034 01-520-3521-1002 01-520-3521-1003 01-640-3112-1002 01-640-3112-1003 01-640-3112-2044 Revenues Hurricane Deployment Reimbursement 01-110-1234-0704 $ 3,806 6,333 2,903 4,803 23,981 22,490 18,918 1,592 8,724 3,470 2,393 3,394 5,618 376 108,801 Pursuantto the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ft;tlj~4J'Y). 'tM City Clerk. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk April 7,2009 CECELIA T. WEBB Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: . I am attaching copy of Resolution No. 38404-040609 authorizing acceptance of certain funds from the Emergency Management Assistance Compact (EMAC), and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 2009. Sincerely, .~m.~()a-N Stephanie M. Moon, CMC City Clerk S M M: ew Attachment pc: Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget H. David Hoback, Fire-EMS Chief A. L. Gaskins, Chief of Police ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 2009. No. 38404-040609. A RESOLUTION authorizing acceptance of certain funds from the Emergency Management AS,sistance Compact (EMAC), and authorizing execution of any required documentation on behalf of the City, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Emergency Management Assistance Compact (EMAC) funds in the amount of$57,524.00 for the Hurricane Gustav Deployment, and $51,277.00 for the Hurricane Ike Deployment, totaling $108,801.00, to reimburse the City of Roanoke for personnel hours as well as expense claims, as more particularly described in the letter of the City Manager to Council dated April 6, 2009, 2. The City Manager is hereby authorized to accept, execute and file, on behalf ofthe City, any documents setting forth the conditions of such funding in a form approved by the City Attorney. 3. The City Manager is further 4irected to furnish such additionalinformation as may be required in connection with the acceptance ofthe foregoing funding. ATTEST: ~ h). Y1lD~ City Clerk. . J K:\Tim\measures\R-emac reimbursement4-06-09.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov April 6, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: EMAC Reimbursement Background: On September 2, 2008, Roanoke Fire-EMS was called upon by EMAC (Emergency Management Assistance Compact) to assist citizens of Louisiana after the state was ravaged by Hurricane Gustav. The first team was assigned to Baton Rouge, LA. This group consisted of 8 Fire-EMS personnel that served with the Incident Management Team in Baton Rouge. The team was deployed for approximately 18 days. The second EMAC team was deployed on October 3, 2008. The team was sent to Cameron Parish, LA to support recovery operations from Hurricane Ike. This six person team was made up of City Fire-EMS, Police and the Special Projects Manager from the Western Virginia Water Authority. This team was deployed for two weeks and their mission was to coordinate the local Emergency Operations Center (EOC) for recovery operations coordinating damage assessments, debris management, water & sewer utility restoration as well as overall restoration of public safety capabilities. Deployments of emergency personnel under the authority of EMAC are subject to reimbursement from the Federal government. Honorable Mayor and Members of City Council April 6, 2009 Pag e 2 Considerations: The City of Roanoke has submitted an invoice to EMAC for a total of $57,524 for the Hurricane Gustav Deployment and $51,277 for the Hurricane Ike Deployment totaling $108,801. These funds will reimburse the City of Roanoke for personnel hours as well as expense claims. These funds need to be accepted and app~opriated by Council. Recommended Action: Authorize acceptance of the reimbursement funds totaling $108,801. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount $108,801 in accounts to be established in the General Fund by the Director of Finance. Appropriate funding totaling the same amount in appropriate departmental expenditure accounts. Respectfully submitted, Darlene L. Bur City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance James Grigsby, Assistant City Manager for Operations H. David Hoback, Fire-EMS Chief CM09-00051 .. 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 CECELlA 1. WEBB Assistant Deputy City Clerk April 7, 2009 Darlene L. Burcham City Manager Roanoke, Virginia I Dear Ms. Burcham: I am attaching copy of Resolution No.. 38406-040609 supporting the application orother documents to be filed with the Virginia Department of Rail and Public Transportation by ChemSolv, Inc., d/b/a Chemicals and Solvents, Inc., for up to $450,000.00 in Industrial Access Railroad Track Funds and to state the City's support for ChemSolv receiving such funds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 2009. Sincerely, ~)on. hJtld'N Stephanie M. Moon, CMC City Clerk SM M :ew Attachment Darlene L. Burcham April 7, 2009 Page 2 pc: Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget }J ,1': IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of Apri1, 2009. No. 38406-040609. A RESOLUTION supporting the application or other documents to be filed with the Virginia Department of Rail and Public Transportation (DRPT) by ChemSolv, Inc., d/b/a Chemicals and Solvents, Inc. (ChemSolv), for up to $450,000 in Industrial Access Railroad Track Funds and to state the City's support for ChemSolv receiving such funds. WHEREAS, due to the changes in volumes of products purchased in rail tank cars for distribution, ChemSolv has expressed its intent and desire to the City of Roanoke to upgrade and add additional track to meet demand, which work will cost approximately $500,000 and will likely result in ChemSolv hiring up to five (5) additional employees; WHEREAS, the officials of ChemSolv have reported to the City their intent to apply for Industrial Access Railroad Track Funds from the DRPT in an amount up to $450,000; WHEREAS, the City has been advised that the locality within which the industry is expanding must provide a resolution supporting such application; and WHEREAS, Council wishes to indicate the City's support for ChemSolv's application. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby endorses and supports the application to be filed by ChemSolv for up to $450,000 in Industrial Access Railroad Track Funds and makes lmown the City's desire and intent to assist and cooperate with the DRPT and the R-CheIllSolv.doc 1 Commonwealth Transportation Board so the Department and/or Board can provide the maximum financial assistance to ChemSolv for the purpose of expanding ChemSolv's facility in the City. 2. The City Manager is hereby authorized to execute and file on behalf of the City any and all appropriate documents required in cOilllection with sUPPOliing the application to be filed by ChemSolv for ChemSolv to receive Industrial Access Railroad Track Funds from the Commonwealth of Virginia in an amount up to $450,000, and to take such further action and fumish such additional information as may be required by the Commonwealth regarding such application, all as more fully set forth in the City Manager's letter to Council dated April 6, 2009. ATTEST: A~l~'~~ R-ChemSolv.doc 2 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church A venue, S. W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov April 6, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ, Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Resolution in Support of Railroad Industrial Access Application by ChemSolv, Inc., d/b/a Chemicals and Solvents, Inc. Background: ChemSolv, Inc., d/b/a Chemicals and Solvents, Inc. (ChemSolv), presently located in the City of Roanoke at 1140 Industry Avenue, SE, distributes chemicals and allied products throughout the Mid Atlantic and other regions of the US. Due to the changes in volumes of products purchased in rail tank cars for distribution, the company now needs to upgrade and add additional track to meet demand, which work will cost approximately $500,000. ChemSolv has approached the City to support ChemSolv's application to the Virginia Department of Rail and Public Transportation (DRPT) Railroad Industrial Access Program for funds to help defray a portion of this cost. ChemSolv's application must be supported by the City and be accompanied by a resolution from the local governing authority in support of the application. The City will not incur any financial obligation to provide any part of these funds. Honorable Mayor and Members of City Council April 6, 2009 Page 2. Considerations: The cost of the above described work is approximately $500,000 and will likely result in ChemSolv hiring up to five (5) additional employees. As part of this project, ChemSolv is requesting up to $450,000 in Industrial Access Railroad Track Funds from the DRPT as set forth above. Attached to this letter is a copy of information from ChemSolv and a letter dated February 9, 2009, from Norfolk Southern supporting ChemSolv's request to the DRPT. Recommendation: Adopt a Resolution in support of ChemSolv's application as noted above. Authorize the City Manager to execute and/or provide appropriate documents for the DRPTfor the Railroad Industrial Access Program in cpnnection with ChemSolv's application to assist ChemSolv in obtaining up to $450,000 in Program funds and to state the City's support for ChemSolv receiving such Program funds from the Commonwealth. -' aA~ Darlene L. Burc City Manager DLB:LB 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 CM09-00047 III '2 .~ 5> iI f ::! 8 ~ C III Ii. - 8 8 ~ il 1/ il III ............ lIII ..........'............. ~ \\ ~h ~ ~ ~\\!il ~ g ,~; \~ ! \~. I L: : -+-- I :11 "".. N : ;~; n ...1, . l\lrl ~!l . I, ~ '. i~~~~~ ~ !I~ ~.. ~ ~. ~~~ ~~ c; C;~f'l. IS> :!!p - ~ ~ ~ >..... 11 :' OI[:"~Cl" l ~ '~ .. , .........ini. Ila .. '... ........... lQ .... ...'................ ifj ~~ 'Ii . ~ ~ . ~ l I~ .. J :11' s i~ ~ I lIP' i "" ! . ~.. Nl5l. . . I.' .U')\l) ~~~~~ ,.,. .-N N~ . I · ! ~illl !! 'z . I i i . i . <I0ll:l-.J . . ...-------I S ( '. .<",=--' _o=~ II~ ."'~ II~ f i II~ " ~i el "'~~J .- ''Ii I ! ............:.............iirij ~ !!I ;. I &11::1 ! I: ~p. a" I , : I : " I Ii' ' tt,~. -t~;TT'" ~ i-"- I! i 'WJr' :: : !AoI, :: .. -ir":";"."", ...; .."... 1. : :! , : , """" ]1lti" ,,' .,.- = '", """.. i'! ..........i~,. is N -..'iii ... ""if"'" ~ il"ft ~ '~ b ~ 8 il 1/ ~ I !2 II II i . b · . tll!1 III ':!II ! ',l lI) ",1 ~ !~I- ~ . ! lili' !li! III IJ.j 1 nil! mi~ ~ IlIl1!!i ~ lI) <'"1 ~ ~ 'l I " .. ~ '!ai, - -----Jr-- III 0 'I,ll ~'m ..:J ~ 1111 ! II ~ ~ I . II; III; I. ~ ~ ~ II. , _ ~'Ud:Jt1 O.J/{JJ II'ONS<I~----;VS l-PJAAiOlT1HSrlr:>>oillS """-B6I;)"1I , I t I ,e , ,/ I!: I! Ii ~e II IS! I. I · I 'i ",1 Ii 1111 i ; : Ii I ...11,11011111;1 'III ~ Illlt. I ~In 111'1:lfI.iI II ilplll Ildllllll :lit III II "I. 9 11111 1'111 !II I III ii i !I Ii II. IlUi !t..11 ! , ; ~ I!l! ...J 'I b, <1: tl~f ~ <: Hm COMMONWEALTH OF VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION INDUSTRIAL ACCESS RAILROAD TRACKS APPLICANT: CHEMSOL V, INC. CONTACT PERSON: Jamie Austin TELEPHONE NUMBER: 540-427-4000 DESCRIPTION OF APPLICANT ORGANIZATION: Chemsolv, Inc. is a industrial chemical and allied products distributor based in Roanoke, Virginia located at 1140 Industry Ave. SE in the Roanoke Industrial Center in Roanoke City. Chemsolv has been in business since 1979 INDUSTRY/BUSINESS TO BE SERVED BY PROPOSED INDUSTRIAL ACCESS TRACK: Chemsolv, Inc. is a distributor of industrial chemicals and allied products. The Roanoke, Virginia headquarters is the hub ofthe company's five locations and products are shipped out throughout the Mid Atlantic and other regions ofthe US. Many of these products are purchased in rail tank cars for distribution through the Roanoke, Virginia location. Markets served are primary chemical processing, paint and coatings, municipal, electronics, textiles, adhesives & sealants, soaps & detergents, pulp & paper, pharmaceuticals, metal working, water treatment, and aerospace & military. The company operates on its core principles of innovative service through high quality products, just in time deliveries, custom packaging, hands on technical service and safety training. Chemsolv, Inc. also operates its own fleet of over the road truck and trailer combinations. ADDRESS: Site.Located at: 1140 & 1111 Industry Ave SE Roanoke, VA 24014 Mailing Address: PO Box 13847 Roanoke, VA 24037 PROPOSED LOCATION: Industry Avenue Site, Roanoke Industrial Center, Roanoke City, VA. DESCRIPTION OF PROJECT: Chemsolv, Inc. has utilized a small amount Norfolk Southern Corp. owned track. Track space requirements have changed and volumes of products purchased in rail tank car quantities has increased necessitating track upgrade and track expansion/new track onto Chemsolv, Inc. owned property. LENGTH OF PROPOSED TRACK: New Track: 1200 Feet Track Upgrade: 1000 Feet ESTIMATED COST: $440,000 - $500,000 REQUESTED AMOUNT: $450,000 THE APPROXIMATE CAPITAL OUTLAY TO CONSTRUCT AND EQUIP ITS PROPOSED EXPANSION: $500,000 ESTIMATED ANNUAL NUMBER OF CARLOADS AND COMMODITY TYPES TO BE HANDLED ON THE PROPOSED NEW TRACK: 400 cars/year - Chemicals & Allied Products IF A NEW INDUSTRY, THE ESTIMATED NUMBER OF PEOPLE TO BE EMPLOYED: Not Applicable IF AN EXISTING INDUSTRY, THE NUMBER OF PEOPLE CURRENTLY EMPLOYED: 75 AND THE ESTIMATED ADDITIONAL EMPLOYMENT TO BE CREATED BY THE EXPANSION: up to 5 RAILROAD THAT WILL SERVE BUSINESS OR INDUSTRY: Norfolk Southern NORFOLK SOUTHERN Norfolk Southern Corporation 1200 Peachtree St., NE Atlanta, Georgia 30309 404 529-1591 404 529-1057 FAA newel I. baker(mnscom. com February 9, 2009 Mr. Kevin Page Director of Rail Transportation Virginia Department of Rail and Public Transportation 1313 East Main Street, Suite 300 P.O. Box 23219 Richmond, Virginia 23219 Dear Mr. Page: Newell M. Baker AVP -Industrial Development Industrial Development Chemicals and Solvents, Inc. is in the process of constructing a new facility in Roanoke, 'Virginia. Chemicals and Solvents, Inc. is in the process of seeking Railway Access Funds to help pay for the construction of this new track. Norfolk Southern is aware of the provision of Code of Virginia Section 33.1-221.1: IF which provides for common carrier access of tracks constructed or rehabilitated with Industrial Access Railroad Funds. Presently, Norfolk Southern Railway will be the only railroad connecting with this track to serve Chemicals and Solvents, Inc. However, it is understood that.if, in the future, another common carrier constructs trackage to connect with the sidetrack or obtain trackage rights over Norfolk Southern's mainline tracks which would enable it to provide service to the Chemicals and Solvents, Inc. facility, it will have access to and be entitled to use the sidetrack. Norfolk Southern desires to serve Chemicals and Solvents, Inc. on this sidetrack once the construction is complete. J!jcerely, ~L~i-L/;? C Newell M. Baker NMB/cb be: Mr. R,M. Bennett Mr. D.L. Motley - 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 April 7, 2009 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. 38408-040609 appropnatmg funds from the Commonwealth of Virginia for the FY09 Southern Rivers Watershed Enhancement Program Grant, 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, April 6, 2009, and is in full force and effect upon its passage. Sincerely, JJ.~m.~ Stephanie M. Moon, CMC City Clerk SM M :ew Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Managementand Budget Robert K. Bengtson, P. E., Director, Public Works Philip C. Schirmer, PE, LS, City Engineer Michael T. McEvoy, Executive Director, Wastewater Services, Western Virginia Water Authority ~~ \..j IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of Apri1, 2009. No. 38408-040609. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the FY09 Southern Rivers Watershed Enhancement Program Grant, 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 Construction Other 35-530-8180-9065 $ 375,000 Revenues Southern Rivers Watershed Enhancement FY09 35-530-8180-8180 375,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~m.mO\MJ City Clerk. \.. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk April 7,2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA 1. WEBB Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38407-040609 authorizing a Southern Rivers Agreement between the City of Roanoke and the Virginia Department of Housing and Community Development relative to the Fairhope Road Sanitary Sewer 'Extension Project; approving and ratifying execution of such Southern Rivers Agreement, which contains a provision for the City to hold harmless the Commonwealth of Virginia and the DHCD as a condition of such Agreement; and authorizing the City Manager to execute such other documents and take such further actions as may be necessary to implement and administer such Agreement. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 2009. Sincerely, ~~M~O~ City Clerk SM M :ew Attachment Darlene L. Burcham April 7,2009 Page 2 pc: Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Robert K. Bengtson, P. E., Director, Public Works Philip C. Schirmer, PE, LS, City Engineer Michael T. McEvoy, Executive Director, Wastewater Services, Western Virginia Water Authority 'C, pj, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of Apri1, 2009. No. 38407-040609. A RESOLUTION authorizing a Southern Rivers Agreement between the City and the Virginia Department of Housing and Community Development (DHCD) relative to the Fairhope Road Sanitary Sewer Extension Project; approving and ratifying the execution of such Southern Rivers Agreement, which contains a provision for the City to hold harmless the Commonwealth of Virginia and the DHCD as a condition of such Agreement; and authorizing the City Manager to execute such other documents and take such further actions as may be necessary to implement and administer such Agreement. WHEREAS, City Council adopted Resolution No. 37996-012208 on January 22, 2008, which authorized the City Manager to submit an application to the DHCD for a Southern Rivers Watershed Enhancement Program grant to provide money for the Westem Virginia Water Authority (WVW A) for a sewer extension project within the City of Roanoke, which has a local match of $27,000 to be provided by the WVW A; WHEREAS, that same Resolution authorized the City Manager to take such other action and execute such other documents as may be necessary to transfer the grant funds, if awarded to the City and appropriated by Council, to the WVW A so the Authority could administer the grant funds and . complete the sewer extension project, and the City and the WVW A executed an Agreement dated January 29, 2009, to accomplish such purpose; and WHEREAS, the DHCD, as a condition for receiving grant funds from the Southern Rivers Watershed Enhancement Program (SRWEP), is requiring a Southern Rivers Agreement dated March 18, 2009, which has been executed, and which among other things, requires the City to hold harmless .R-Fairhope Road Sewer Extension-DHCD Agreement.doc 1 the Commonwealth of Virginia and the DHCD, as more particularly set forth in the City Manager's letter to Council dated April 6, 2009. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City hereby authorizes the Southern Rivers Agreement dated March 18,2009, between the City and the DHCD, a copy of which Agreement was attached to the City Manager's letter to Council dated April 6, 2009. 2. The Southern Rivers Agreement dated March 18,2009, between the City and DHCD, which has been executed, and which includes a provision to hold the Commonwealth of Virginia, DHCD, its agents and employees harmless from any and all claims and demands based upon or solely arising out of any actions by the City, its employees, agents or contractors in connection with the Fairhope Road Sanitary Sewer Extension Project, is hereby approved and ratified. 3. The City Manager is further authorized to execute such other documents and take such further actions as may be necessary to implement and administer such Agreement. ATTEST: ~~ M. ~OI'YV City Clerk. R-Fairhope Road Sewer Extension-DHCD Agreement.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 April 6, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anitaj. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Subject: Authorizing and Approving a Southern Rivers Agreement and Appropriation of Funding from Southern Rivers Watershed Enhancement Program Grant Dear Mayor Bowers and Members of City Council: Background: On January 22, 2008, City Council authorized the City Manager to submit an application to the Virginia Department of Housing and Community Development (DHCD) to seek a grant from the Southern Rivers Watershed Enhancement Program (SRWEP) in the amount of $375,000. This program provides funding to communities outside the Chesapeake Basin to either 1) install wastewater treatment systems if none exist, or 2) replace failing septic tank systems in watersheds that are listed as impaired for bacterial contamination. The Western Virginia Water Authority (WVWA) designed a sewer extension project, the Fairhope Road Sanitary Sewer Extension Project, for residents with failing septic tanks in the Fairhope Road and Lancaster Drive areas in the City of Roanoke that fit the grant criteria. A local match of $27,000 of in-kind support is being provided by the WVWA for the project. City Council also previously authorized the City Manager to execute all documents necessary in connection with the grant application process and the transfer of funds to WVWA for the purpose of administering the project. The City and the WVWA have executed an Agreement dated January 29, 2009, to accomplish this purpose. Honorable Mayor and Members of City GCHJncil April 6, 2009 Page 2 The DHCD sent a'Southern Rivers Agreement dated March l8, 2009, to the City 'for execution, which has been executed by the City, in order for the City to obtain the SRWEP grant funds. Such Agreement includes a provision, required by the DHCD, for the City to hold the Commonwealth of Virg'inia, DHCD, its agents and employees harmless from any and all claims and demands based upon or solely arising out ,of any actions by the City, its employees, agents or contractors in connection with the Fairhope Road Sanitary Sewer Extension Project. In view of such hold harmless provision, City Council needs to approve and ratify the execution of such Agreement. (A copy of the Southern Rivers Agreement is attached to this letter.) Considerations: The DHCD has since notified the City that it will receive the Grant for $375,000. An agreement has been entered into between the City of Roanoke and the WVWA to construct the sanitary sewer lines in the Fairhope Road and Lancaster Drive areas. Twenty homes in the area will be impacted. The WVWA has formally agreed to accept the SRWEP Grant funds from the City and to complete the sewer project in accordance with all approved grant requirements. It is the intention of the parties that the WVWA shall implement and administer all the funding approved for the Sewer Project on behalf of the City, and to be fully responsible for procuring and performance of all the engineering, construction, administration and related work on the project in strict accordance with the plans and specifications of the Grant application. The WVWA agrees to obtain and provide on behalf of the City the necessary matching share funds required to complete the Project, being the difference between the total cost of the Project and the SRWEP. Recommended Action: Authorize the Southern Rivers Agreement dated March 18, 2009, between the City and the DHCD, and approve and ratify the execution of such Agreement. Authorize the City Manager to execute such other documents and take such further actions as may be necessary to implement and administer such Agreement. '-- Adopt the attached budget ordinance authorizing the Director of Finance to establish a revenue estimate in the amount of $375,000 from DHCD in the Grants , Fund and appropriate funding in the same amount to a project account to be I established in the Grants Fund. Respectfully submitted, DLB/rbl Darlene L. Bur City Manager ','" , ' , ~i.l, Honorable Mayor and Members of City GoJncil April 6, 2009 Page 3 c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance James Grigsby, Assistant City Manager for Operations Sherman M. Stovall, Director of Management and Budget Robert K. Bengtson, Director of Public Works Philip C. Schirmer, City Engineer Michael T. McEvoy, Western Virginia Water Authority .{\ "\,. CM09-00056 CONTRACT #07-SR-22 SOUTHERN RIVERS AGREEMENT This AGREEMENT, entered into as of this 18th day of March, 2009, by and between the Virginia Department of Housing and Community Development hereinafter referred to as "DHCD" and the City of Roanoke, Virginia, hereinafter referred to as "GRANTEE." WITNESSETH WHEREAS, DHCD has been authorized by the Governor of Virginia to distribute and administer the Southern Rivers Watershed Enhancement Program (SR WEP) according to the SRWEP Program Guidelines, and WHEREAS, the PROJECT as described in the SRWEP Application as submitted by the GRANTEE has achieved a sufficiently high ranking to qualify for construction funding on the basis of the SRWEP Program Guidelines. \ THEREFORE, the above mentioned parties hereto do mutually agree as follows: 1. DHCD agrees to award the GRANTEE a Southern Rivers Watershed Enhancement Program Wastewater Treatment System Construction grant in an amount of the total allowable, eligible costs in carrying out the activities included in the scope of the work herein described not to exceed $375,000 (Three-hundred-seventy-five-thousand-dollars). This amount may be increased as a result of performance with DHCD approval, or decreased pursuant to non- performance on March 17, 2011. 2. The GRANTEE will commence, carry out and complete the following scope of work (more thorougWy described in the GRANTEE'S SRWEP Application). Project Title: Fairhope Road Sanitary Sewer Extension Project Location: City of Roanoke Outcome: To improve water quality by replacing failing on-site septic tank/drainfield systems that are contaminating Peters Creek with clean and safe connections to the sanitary sewer system. The project will be implemented by the Western Virginia Water Authority in accordance with the agreement between the Authority and the City. / GRANTEE will specifically complete the following major products: a) Installation of 2, 175 LF of eight-inch sanitary sewer collection line; and b) Connect 20 households to public sanitary sewer service. 3. The aforementioned OUTCOME and all project activities as specified in the SRWEP application shall be fully completed by the completion date regardless of the availability of other funds anticipated for use on this PROJECT by the GRANTEE. No budget revision, AMENDMENT or tennination of this CONTRACT shall be made which affects the GRANTEE's responsibility to fully complete the SCOPE OF WORK. 4. The aforementioned PROJECT shall be carried out, and grant payments made in strict confonnance with the CONTRACT DOCUMENTS. ' 5. The GRANTEE will use the lesser of (1) the amount specified above, or (2) if, at total project completion, there are cost under-runs or project savings, these costs shall revert to the Department of Housing and Community Development and other funding sources Committed to the project in the grant proposal on a proportional basis, unless superseded by other funding source requirements. 6. The GRANTEE will initiate the PRODUCT(S) required by the CONTRACT DOCUMENTS beginning March 18, 2009, unless grant special conditions require additional action on specified activity(s) before proceedhig with that activity(s). In such instances the GRANTEE will initiate action relative to removal of the special conditions beginning with the execution of this agreement. 7. The GRANTEE shall complete the work as described in the CONTRACT DOCUMENTS on or before March 17, 2011. If the ACTIVITIES are not completed by that date all SRWEP funding shall be tenninated and the Grantee shall return all unexpended funds, unless an amendment to the CONTRACT DOCUMENT provides otherwise~ Notwithstanding, the GRANTEE shall be obligated to fully complete the SCOPE OF WORK. 8. DHCD agrees to make payment to the GRANTEE upon receipt of a properly completed and signed invoice. Request may be made allowing approximately twenty~one days to receive the funds. Funds are to be immediately disbursed by the GRANTEE and should not be deposited in an interest-bearing account. 9. The tenn CONTRACT DOCUMENTS means the following docwnents which are a part of this Agreement, and are incorporated by reference herein as if set out in full. (A) GRANTEE'S SRWEP Application; (B) AGREEMENT; . (C) General Conditions; (D) Special Conditions; (E) AMENDMENTS; (F) INTER-AGENCY AGREEMENT between the City of Roanoke and the Western Virginia Water Authority; (G) SRWEP Program Guidelines, including all items in the "Southern Rivers Watershed Enhancement Program Proposal Fonnat", the enabling legislation, and any additional correspondence from DHCD pertaining to the SR WEP; and (H) All applicable provisions of the CODE OF VIRGINIA, including but not limited to the Virginia Public Procurement Act. 2 In witness whereof, the parties hereto have executed or caused to be executed by their duly authorized official this Agreement in duplicate, each copy of which will be deemed an original. COMMONWEALTH OF VIRGINIA, . DEPARTMENT O~SING AND COMMUNITY DEVELOPMENT BY: /~ DATE: 3-1'1'-.. 7 Todd M. Christensen, DHCD Deputy Director City of Riclunond Commonwealth of Virginia I do certify that Todd M. C;:hristensen personally appeared before me and made oath that he is Deputy Director of the Department of Housing and Community Development and that he is duly authorized to execute the foregoing document. ~.M , '2012- Givenundermyhandthis ,q~ayof~ 20VCj -~A~ No Public - ""'1111/,, \\' JOH '" " d~ ^,'I ....' ~T""""" So ", .... *"~"'NOTARY"', ~ " : :' PUBLIC ". :. = * ;' REG. #7167268 ': *: : : MY CQMMISS:CN: : I L '1 12 - C'l 'qJ~'n . ~ - 1 loll I?-Cbu ~\"" JH(}i~'#f Notary Registration Num""e; (?4'~" . . . .' ~,~~,,,..,,,, " .,.t-ALTH o~ ..-' """",,'1\\" My term of office expires c' DATE: 3-J.3 -0 7 , BY: .~ Darlene L. Burch , City Manager City of ~.kL, Commonweal ofVlfglma I do certify that Darlene L. Burcham personally appeared before me and made oath that she is City Manager of the City of Roanoke, Virginia and that she is duly authorized to execute the foregoing document. My term of office expires ~ 4-~~ Given under my hand this J...3 day of ~ C~34'.~~ Notary Public :J.f r:fl..6/0 , .:J oat{ .3 / 7 ~3 Notary Registration Number 3 SPECIAL CONDITIONS 1. Matching Funds. A total of $27,000 in leverage funds is committed to this project by the GRANTEE.. Sources of funds are as follows: Western Virginia Water Authority <Cash-enfdneerinI! fees) $27,000. These funds shall be expended proportionately to SRWEP Funds within the budget, per activity. Documentation on the expenditure of these funds shall be maintained by the GRANTEE and reported to DHCD at project closeout. 2. Administrative Costs. GRANTEE certifies that SR WEP funds will only be used for administrative costs if no alternative funding source exists. If leverage funds are not available for project administration costs, SR WEP funds may be used, but the administration cost may not exceed 5% ofSRWEP funding or $30,000 per project, whichever is lower. 3. Remediation. GRANTEE must properly dismantle any wastewater treatment systems replaced by publicly o\Wedsystems funded under SRWEP. 4. Water Oualitv Improvement Measurement. GRANTEE will monitor the affect of this project on water quality by conducting stream samplings. Baseline environmental data was provided to GRANTEE by DEQ from a 2002 study on water quality in Peters Creek. Grantee will ensure that DEQ will collect water samples from Station 4APEEOO 1.04 six months after completion of the project to determine the effect of this project on the water quality of Peters Creek. 5. Force Account. Reimbursement of labor costs incurred where force account is utilized shall be based only on current payroll costs in terms of hourly payroll rates of employees directly involved in on-site construction activities. Reimbursement for supervisory and support staff will not be permitted. Reimbursement of fringe benefit costs will not be permitted. Documentation of costs must adhere to DHCD Force Account guidelines including use of current VDOT equipment rates. 6. Management Team Meetings. GRANTEE must establish management teams to oversee construction of SRWEP projects and meet on at least a monthly basis. 7. Status Reports. GRANTEE must submit a status report with every request to DHCD for SR WEP funds. 8. Eligible Non-construction Costs. Eligible non-construction activities (excluding administration) for payment with SRWEP monies are limited to no more than 15% of the total SRWEP award for Wastewater Treatment System Construction Grants or 17% of the total SR WEP award for Managed On-Site Construction Grants. 9. Retainage of SRWEP Funds. DHCD will withhold 10% of the SRWEP funds budgeted for administration, or $3,000 of total SRWEP funds, whichever is greater, until such time that the GRANTEE has satisfactorily completed the Water Quality Improvement ,Measurement outlined herein as Special Condition #4. 4 l 10. DHCD reserves the right to end funding at any point should the project prove nonviable. This includes, but may not be limited to, lack of progress in conformance with the approved project. 11. DHCD reserves the right to receive additional documentation pertaining to construction, professional service, non-professional service or other contracts obligating SRWEP funds prior to approving drawdown requests. \. 12. DHCD will not process any drawdowns until an inter-agency agreement is executed between the City of Roanoke and the Western Virginia Water Authority. 5 GENERAL CONDITIONS 1. DEFINITIONS - Whenever used in the CONTRACT DOCUMENTS the following terms when written in all capital letters shall have the meanings indicated and shall be applicable to both the singular and plural thereof: A. PRODUCT - A Project Activity which constitutes a specific portion of the project, and as such is covered by its own budget account. B. AMENDMENT - A formal addition or modification to the CONTRACT DOCUMENTS which has been approved by both parties, and which affects the scope, amount of award, or completion date of the PROJECT, or which affects the manner in which the PROJECT is to be carried out. " C. SOUTIIERN RIVERS WATERSHED ENHANCEMENT PROGRAM (SRWEP) - The funds, the project and activities to be funded, and all conditions, laws and regulations affecting administration of funds currently in effect or as subsequently amended, and provided by DHCD to GRANTEES from SRWEP Grant funds allocated by the Commonwealth of Virginia. D. CONTRACT DOCUMENTS - The legal agreement between DHCD and the GRANTEE including the Agreement, and all documents referenced in paragraph 11 thereof. E. GRANTEE - The entity that is the recipient of SRWEP Grant funds and as such must comply with all CONTRACT DOCUMENTS. F. PROJECT - The activities undertaken to meet the overall stated objective for which SR WEP Grant funding is utilized. G. OUTCOME - The end product to be produced by the SR WEP Program. All requirements of the SRWEP Program and construction activities are included in the OUTCOME. H. WORK - All labor, equipment and materials necessary to produce the OUTCOME of the PROJECT as required by the CONTRACT DOCUMENTS. I. WRITTEN NOTICE - Any notice from one party to the AGREEMENT to the other party signed by an authorized official which transmits binding statements of fact or condition and is delivered to the appropriate authorized official either in person or through the United States mail. 6 2. ADMINISTRATIVE PROCEDURES - The GRANTEE shall set up administrative procedures to maximize the effective and efficient utilization of State funds in order to fulfill the objectives of the SRWEP program. Additionally. the GRANTEE shall perform all contracted WORK. and administer all grant funds and activities in conformance with the general terms and special conditions set forth in these CONTRACT DOCUMENTS. and any WRITTEN NOTICES from DHCD. 3. ACCOUNTINGRECORDS - The GRANTEE shall establish and maintain separate accounts within its existing accounting system or set up accounts independently which are in conformity with Generally Accepted Accounting Procedures (GAAP) and any \\Titten instructions from DHCD. The GRANTEE shall record in its accounting system all Grant payments received by it pursuant to this Grant and all other funds provided for. accruing to. or otherwise received on account of the Grant. All costs, including paid services contributed by the GRANTEE or others, charged to the Grant shall be supported by properly executed payrolls, time records. invoices, contracts. or vouchers evidencing in proper detail the nature and propriety of the charges. All checks. payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Grant shall be clearly identified. readily accessible, and separate and distinct from all other such documents. Such documents shall reside at the offices of the GRANTEE. 4. COSTS INCURRED PRIOR TO GRANT AGREEMENT EXECUTION - No costs incurred prior to the execution of the AGREEMENT shall be eligible for reimbursement with Grant funds, unless such incurred costs are authorized in \\Titing by DHCD. 5. GRANT BUDGET - The GRANTEE shall submit a completed project budget prior to the execution of these CONTRACT DOCUMENTS. Additionally, the GRANTEE shall carry out activities and incur costs only in conformance with the latest approved budget for the Grant and subject to the provisions of these CONTRACT DOCUMENTS. The budget may be revised only upon approval in writing by the Department of Housing and Community Development. 6. BUDGET REVISIONS/AMENDMENTS - The GRANTEE shall not obligate, encumber, spend or otherwise utilize SRWEP funds for any activity or purpose not included or not in conformance with the budget as apportioned and as submitted to DHCD unless: a) The GRANTEE has received explicit approval by WRITTEN NOTICE from DHCD to undertake such actions; or b) The activity or purpose is consistent with the objectives and scope of the approved PROJECT and does not entail a budget change between PRODUCTS or between line items within PRODUCTS exceeding $5,000 at one transfer or 5% of .the total Grant amount cumulatively, whichever is less, including all previous budget changes. 7 7. RECORDS - The GRANTEE shall maintain records to substantiate and document conformance with the provisions of these CONTRACT DOCUMENTS. Records shall be readily accessible to DHCD, appropriate state agencies and the general public during the course of the project and shall remain intact and accessible for five years thereafter. Except if any litigation claim or audit is started before the expiration of the five year period the records shall be retained until such action is resolved. 8. REPORTS - The GRANTEE shall furnish, regularly and in such form as DHCD may require, reports concerning the status of project activities and grant funds. Such reports shall be submitted in the form and manner prescribed by DHCD and in specific written instructions from DHCD. All reports shall be completed in full and submitted at the time prescribed by DHCD. Reports shall contain accurate information and shall detail any problems, delays or adverse conditions experienced. Reporting requests may address expenditures made, planning and/or construction activities, the fulfillment of program objectives, and other areas deemed appropriate by DHCD. 9. QUALITY CONTROL - The GRANTEE accepts the responsibility to assure that all grant funded activities shall be implemented with the highest possible degree of competence, workmanship, quality and cost effectiveness. To this end the GRANTEE shall provide a system of quality control to include all aspects of grant administration and project implementation. When appropriate, the GRANTEE shall obtain a certification of inspection and final completion signed by the project engineer or by the person responsible for quality control at the completion of each construction activity. 10. COMMUNICATIONS - WRITTEN NOTICES shall constitute the only means of binding statements of fact or condition between the parties of this agreement. All required reports and requests to be issued by the GRANTEE must be made by way of a WRITIEN NOTICE Wllessother means are specified in the CONTRACT DOCUMENTS. All directives, findings and other formal issuances by DHCD must be transmitted through a WRITTEN NOTICE unless otherwise specified in the CONTRACT DOCUMENTS. WRITTEN NOTICES shall be signed by and addressed to the appropriate authorized official and shall be considered transmitted when delivered in person or through the United States mail. The GRANTEE shall act upon and respond to WRITTEN NOTICES promptly as directed. 8 11. CONTRACT SECURITY - The GRANTEE shall secure all materials and equipment, purchased, or paid for with grant funds with insurance coverage of the full value of the same. All persons contracted, employed or otherwise utilized in the grant and having responsibility for the management, disposition, expenditure or use of Grant funds shall be bonded by a surety registered to do business in the Commonwealth of Virginia in an amount commensurate with their authority and potential liability. 12. METHOD AND TIMING OF PAYMENT - The GRANTEE shall utilize Standard Request for Payment procedures. The GRANTEE shall request funds only for those amounts which have been obligated, encwnbered or expended through other accounts and which can be expended upon receipt or soon thereafter. To this end, the GRANTEE shall develop a financial management system which provides for timely expenditure of requested grant funds. 13. DRAWDOWN AND PAYMENT OF GRANT FUNDS - Drawdowns and expenditures of SR WEP funds must be made subsequent to or in proportion to other funds within the budget per activity. 14. CHANGE ORDERS - DHCD must approve all change orders on DHCD-funded contracts. Any change order, regardless of cost, which results in a change of project scope will be a disallowed cost. 15. STATE NOT LIABLE - The GRANTEE shall hold the Commonwealth of Virginia, DHCD, its agents and employees harmless from any and all claims and demands based upon or solely I arising out of any actions by the GRANTEE, its employees, agents or contractors. 16. TERMINATION. SUSPENSION. CONDITIONS- 1) For cause - If through any cause, the GRANTEE or DHCD fails to comply with the terms, conditions or requirements of the CONTRACT DOCUMENTS the other party may terminate or suspend this AGREEMENT by giving WRITTEN NOTICE of the same and specifying the effective date of termination or suspension at least five (5) days prior to such action. If, after the effective date of any suspension of this AGREEMENT, it is mutually agreeable to DHCD and the GRANTEE upon remedy of any contract violation by the GRANTEE or DHCD, the suspension may be lifted and the agreement shall be in full force and effect at a specified date after the parties have exchanged WRITTEN NOTICES stating a mutual understanding that the cause for suspension has been identified, agreed to and remedied. 9 In the ~ase of contract violations by the GRANTEE, DHCD may impose conditions other than termination or suspension which are appropriate to ensure proper grant and project administration and adherence to the terms of the CONTRACT DOCUMENTS. Such conditions must be imposed through WRITTEN NOTICE. 2) For convenience - DHCD may terminate this AGREEMENT for convenience in the event that DHCD is no longer authorized as an agency to administer the SR WEP program or if the State funds allocated are no longer available. The GRANTEE may terminate this AGREEMENT for convenience at any time provided that all of the following conditions are met: a) The GRANTEE gives DHCD ten (10) days WRITTEN NOTICE; and b) The activities which have been initiated either haye been completed and may be utilized in their state of completion in a manner consistent with the objectives in the GRANTEE'S SRWEP Proposal, or will be completed by the GRANTEE through its own or other resources; and c) The GRANTEE has honored or will honor all contractual obligations to third parties affected by the PROJECT; and d) DHCD agrees to the termination. A GRANTEE'S valid termination for convenience in accordance with these CONTRACT DOCUMENTS shall not affect nor prejudice the GRANTEE'S future relationship with DHCD nor its future consideration as a grant recipient. 17. SUBSE~UENT CONTRACTS - The GRANTEE shall remain fully obligated under the provisions of the CONTRACT DOCUMENTS notwithstanding its designation of any subsequent or third parties for the undertaking of all or part of the activities for which the grant assistance is being provided to the GRANTEE. Any GRANTEE or CONTRACTOR or SUBCONTRACTOR which is not the APPLICANT shall comply with all the lawful requirements of the APPLICANT necessary to insure that the PROJECT for which this assistance is being provided under this AGREEMENT is carried out in accordance with the APPLICANT'S Assurances and Certifications. 18. REVIEW OF BlD DOCUMENTS - DHCD will be provided sufficient opportunity to review all bid documents prior to their being published. Additionally, all bid tabulations will be sent to DHCD for review upon being received. . 19. PROGRAM AUDITS - All expenditures related to the project will be subject to regular program audits and such audits will be made available to DHCD for review. 10 20. NONDISCRlMINA TION - The GRANTEE, during the performance of this contract, will not discriminate against. any employee or applicant for employment because of race, religion, color, sex, age, handicap or national origin. 21. POLITICAL ACTIVITY PROHIBITED - None of the funds, materials, property or services contributed by the DHCD or the GRANTEE, under this AGREEMENT, shall be used in the performance of this AGREEMENT for any partisan political activity, or to further the election or defeat of any candidate for public office. 22. INTEREST OF MEMBER OF AGENCY AND OTHERS - No officer, member or employee of the GRANTEE and no member of its governing body, and no other public official of the governing body of the locality or localities in which the project is situated or being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this AGREEMENT which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this AGREEMENT or the proceeds thereof. 23. OFFICIALS NOT TO BENEFIT - No members of or delegate to the Congress ofthe United States of America, political officials in the State of Virginia or Resident Commissioner shall be admitted to any share or part hereof or to any benefit to arise therefrom. 24. CERTIFICATIONS - The GRANTEE certifies that it will comply with the following: a) Freedom of Information Act; b) Virginia Conflict of Inte~est Act; c) Virginia Fair Employment Contracting Act. 25. BENEFICIARIES - There are no third party beneficiaries of this contract. The provisions contained in these CONTRACT DOCUMENTS represent the entire agreement between DHCD and the GRANTEE. The provisions are designed to assist in meeting the community needs of the GRANTEE identified in the GRANTEE'S SRWEP Application, but are not designed to accrue to the specific benefit of any individual person or entity residing or located in the GRANTEE'S community elsewhere. Consequently, the terms of these CONTRACT DOCUMENTS may be enforced by DHCD or the GRANTEE exclusively and not by any individual person or entity residing or located in the GRANTEE'S community or elsewhere as a third-party beneficiary of this contract. 11 ASSURANCES/CERTIFICATIONS The GRANTEE hereby assures and certifies that: 1. It possesses legal authority to execute the PROJECT. 2. Its governing body has duly adopted or passed as an official act a resolution, motion, or similar action authorizing the filing of the PROJECT proposal including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the GRANTEE to act in connection with the PROJECT proposal and to provide such additional infonnation as may be required. 3. PRIV A TE GAIN - It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other' ties. 4, It will give the Virginia Department of Housing and Community Development and the Comptroller General through any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant. am, City Manager Virginia .3-;2.3-CJ 9 Date / 12 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 T. WEBB Assistant Deputy City Clerk April 7, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38409-040609 appropriating funds from the Western Virginia Water Authority to various capital projects, 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, April 6, 2009, and is in full force and effect upon its passage. Sincerely, A~m.~ Stephanie M. Moon, CMC City Clerk SMM:ew. Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Philip C. Schirmer, PE, LS, City Engineer ~')C IN THE COUNCIL OF THE CITY OF ROANOKE; VIRGINIA The 6th day of Apri1, 2009. No. 38409-040609. AN ORDINANCE to appropriate funding from the Western Virginia Water Authority to various capital projects, amending and re-ordaining 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 certain 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 Third Party Appropriated from Third Party Revenues Storm Drain Maintenance -:- WVWA Reimbursement Colonial Green Water Tank Study- WVWA Reimbursement 08-530-9798-9004 08-530-9818-9004 $ 75,036 500 08-530-9818-9823 75,036 500 08-530-9798-9798 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~ m. nrotW 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 April 6, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Appropriation of Funds for Various Capital Projects Considerations: The following miscellaneous funds have been received by the City of Roanoke and need to be applied to the appropriate project accounts: I. Part of the work done on the Walnut Avenue/Jefferson Street Storm Drain Project was needed to fix a storm drain problem resulting from work done by Western Virginia Water Authority (WVWA) crews when they were disconnecting a perceived infiltration problem. The WVWA was responsible for the cost of that portion of the work and has subsequently reimbursed the City in the amount of $75,036. II. The City has paid a bill from Gay and Neel, Inc. for the Colonial Green Water Tank Study. The City requested from the WVWA its portion (50%) of the cost incurred by the City, which the WVWA has reimbursed in the amount of $500. Funding needs to be appropriated and revenue estimates need to be increased as follows: Honorable Mayor and Members of City Council April 6, 2009 Page 2 Appropriate This To This Account Number Increase Revenue Amount Estimate for Same Amount in this Account Number 08-530-9798-9004 $75,036 . Storm Drain Maintenance 08-530-9798-9798 08-530-9818-9004 $ 500 Real Estate Acquisition 08- 530-981 8-9823 Recommended Action: Adopt the accompanying budget ordinance to establish revenue estimates in the amounts of $75,036 and $500 and to appropriate the same amounts to the account numbers listed above. ResRectfully submitted, Darlene L. Bur ham City Manager DLB/rls c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Philip C. Schirmer, P.E., L.S., City Engineer , CM09-000S0 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 April 7, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38410-040609 appropriating funds from the Commonwealth of Virginia for E-911 Wireless Service, and amending and reordaining certain sections of the 2008-2009 General and Department of Technology Funds Appropriations. The abovereferenced measu re was adopted by the Council of the. City of Roanoke at a regular meeting held on Monday, April 6, 2009, and is in full force and effect upon its passage. Sincerely, ~~~~~ City Clerk SM M :ew Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Roy M. Mentkow, Director, Technology Michael Crockett, E911 Manager .\L~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 2009. No. 38410-040609. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for E-911 Wireless Service, amending and reordaining certain sections of the 2008-2009 General and Department of Technology Funds 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 General and Department of Technology Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to Department of Technology Fund Overtime Revenues E-911 Wireless 01-250-9310-9513 01-430-4131-1003 $ 138,284 5,000 01-110-1234-0654 143,284 Department of Technology Fund Appropriations Systems Development Revenues Transfer from General Fund 13-430-9870-9067 138,284 13-110-1234-0951 138,284 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 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 April 6, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Revenue Adjustments for 911 Wireless Funding Background: The Department of Technology's E-911 Division receives funding from 911 Wireless tax revenue through the Commonwealth of Virginia E-911 Wireless Services Board. This revenue is distributed monthly based on tax receipts and a distribution formula estabUshed in Code of Virginia 9 56-484. This formula distributes revenue based on costs to provide wireless 911 service and call volume and is recalculated annually. For FY2008-2009 the revenue was estimated at $460,000 and the City's budget was adopted with this projection. Beginning in October 2008, the City's share of wireless revenue was recalculated from 0.0192% to 0.0249%. Based on this new formula the revenue estimate from the wireless service board for this fiscal year is now $603,284; an increase of $143,284. Considerations: City Council action is needed to appropriate the incremental revenue from the Wireless Service Board to the E-911 Wireless budget. Honorable Mayor and Members of City Council April 6, 2009 Page 2 Recommended Action: Adopt the accompanying budget ordinance to establish a revenue estimate for Commonwealth of Virginia E-911 Wireless funding (01-110-1234-0654) in the amount of $143,284 and appropriate $138,284 to account 13-430-9870-9067 (E-911 System Upgrades) and $5,000 to account 01-430-4131-1003 (Overtime). Respectfully submitted, Darlene L. Bur ham City Manager DLB:MKC c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance James Grigsby, Assistant City Manager for Operations Roy M. Mentkow, Director of Technology . CM09-00053 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) 853-1I45 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk April 7, 2009 CECELIA T. WEBB Assistant Deputy City Clerk Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy qf Budget Ordinance No. 38411-040609 transferring funds from the Capital Improvement Reserve and appropriate funding from the Virginia Department of Transportation to the Hershberger Road Corridor Improvements projects, 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, April 6, 2009, and is in full force' and effect upon its passage. Sincerely, ~fr1.~ Stephanie M. Moon, CMC City Clerk SM M :ew Attach ment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Robert K. Bengtson, P. E., Director, Public Works Mark D. Jamison, P. E., PTOE, Manager, Transportation Division \L1' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of Apri1, 2009. No. 38411-040609. AN ORDINANCE to transfer funding from the Capital Improvement Reserve and appropriate funding from the Virginia Department of Transportation to the Hershberger Road Corridor Improvements project, amending and re-ordaining certain sections of the 2008-2009 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAI N ED by the Council of the City of Roanoke that certain 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 General Revenue Appropriated from State Grant Funds VDOT Match Revenues VDOT - Urban Funds - Hershberger Road Corridor Improvements 08-530-9516-9003 08-530-9516-9007 08-530-9575-9210 .$ 38,000 1,996,000 ( 38,000 ) 08-530-9516-9516 1,996,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~~~~tY\) CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.yv., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov April 6, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Hershberger Road Corridor Improvements Background: The Virginia Department of Transportation has allocated funding in its Six Year Improvement Program for sidewalks and landscaping for a 1.5 mile section of Hershberger Road between Cove Road and Rutgers Road. The project cost is estimated at $2 Million, with 80% Federal funds, 18% State funds and a 2% City of Roanoke match which equates to $40,000. This project will be designed and administered by City staff. The project provides for the addition of trees and landscaping to both sides of Hershberger Road and the median, plus the on/off ramp right of way areas, which will greatly enhance the visual aspect of the corridor and act as a gateway to the commercial districts. Sidewalks on both sides of Hershberger Road will enable pedestrians to safely commute from residential areas to the commercial destinations. Considerations: Staff is currently preparing plans and specifications for the project for the segment of Hershberger Road between Cove Road and Rutgers Road. The project will be constructed in two phases, beginning in fall 2009 and being completed in summer 2010. Funding needs to be appropriated to a capital project account to allow this locally administered project to Honorable Mayor and Members of City Council April 6, 2009 Pag e 2 proc:eed. The Hershberger Road Corridor Improvements account already contains $2,000 of the required $40,000 local match. Recommended Action: Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $1,960,000 and appropriate the same 'amount to Hershberger Road Corridor Improvements (08-530-9516). The budget ordinance will also transfer local matching funds in the amount of $38,000 from Capital Improvement Reserve - VDOT Match (08-530-9575- 9210) to Hershberger Road Corridor Improvements (08~5 30-9516). Respectfully submitted, Darlene L. Bur City Manager DLB/PCS/lmb c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget Robert K. Bengtson, P.E., Director of Public Works Mark D. Jamison, P.E., PTOE, Transportation Division Manager CM09-00052 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 Gty Web: www.roanokeva.gov April 8, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member INFORMATION ONLY Dear Mayor Bowers and Members of City Council: Subject: Shared-use Sidewalk for Bicycles on Hershberger Road Project As recently reported, the Virginia Department of Transportation previously allocated funding in its Six-Year Improvement program for sidewalks and landscaping for a section of Hershberger Road between Ordway Drive and Rutgers Street. Although Hershberger Road is a high-volume, six-lane urban arterial, it is used by both pedestrians and bicyclists, as evidenced by well worn foot paths adjacent to the road. It is not listed as a bicycle or greenway corridor in the Bikeway or Greenway Plans. Roanoke's Street Design Guidelines recommend the use of 10 foot wide shared- use paths on both sides of such streets, separated from the vehicle lanes by a 7 foot wide planting and utility strip. The Complete Streets Policy requires the use of the Street Design Guidelines to any street modifications unless that is not reasonable or feasible due to exceptional circumstances. In such cases the Policy provides for the flexibility to apply sound engineering and planning judgment that will produce context sensitive designs. Topographic constraints exist along the sides of Hershberger Road. Hence, the total costs of constructing complete accommodations would be excessively disproportionate to the need for the sidewalk, which makes it infeasible and unreasonable to comply strictly with the Street Design Guidelines. In various locations, this section of Hershberger Road is constrained by limited right of way; topographic limitations imposed by limited width at the bridges over 1-581 and Valley View Boulevard/Aviation' Drive; severe side slope drop offs; and cost limitations to overcome the preceding limits and relocate existing street lighting and guard rails. Honorable Mayor and Members of City Council April 8, 2009 Page 2 Staff investigations indicate that wide sidewalks can be installed within. the existing right of way and within the allotted budget on the south side of the street immediately behind the curb with limited relocation of light poles. The additional sidewalk width can serve a dual use for bicyclists and pedestrians . and would be a significant improvement over current conditions. Hence, a standard 5 foot sidewalk will be' constructed on the north side; a 6 to 8 foot wide sidewalk intended for shared use will be constructed on the south side; signage to alert drivers to bicycles and pedestrians will be installed; and proposed trees will be located at the back of the sidewalks to improve the accommodations for bicyclists and pedestrians. Respectfully, J ~~ Grjg~ Ao(ij;stant City Manager for Operations c: Darlene L.Burcham, City Manager Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance 2 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-254 I Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk April 7, 2009 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. 38412-040609 appropriating additional funds from outdoor recreation program fees for outdoor program activities, and amending and reordaining certain sections of the 2008-2009 General Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 2009, and is in full force and effect upon its passage. Sincerely, ~'M.~D~ Stephanie M. Moon, CMC ' City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Steven C. Buschor, Director, Parks and Recreation f IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of Apri1, 2009. No. 38412-040609. AN ORDINANCE to appropriate additional funding from outdoor recreation program fees for outdoor program activities, amending and reordaining certain sections of the 2008-2009 General 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 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Program Activities-Outdoor Revenues Outdoor Programs 01-620-7110-2099 $25,000 01-110-1234-1387 25,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~Ier:. 10J 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 April 6, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear'Mayor Bowers and Members of City Council: Subject: Budget Amendment - Additional Recreation Programs Background: Outdoor recreation programming has been extremely popular and successful this year. At the end of February, the Outdoor Recreation Section surpassed its annual revenue projection of $42,000 by more than $4,700. The demand for this programming has impacted the expenditure budget for these programs and additional funding is necessary to continue this offering in the current fiscal year. Outdoor recreation programs are priced to cover all direct costs incurred. Considerations: The Outdoor Recreation Section serves more than 66,000 citizens and visitors each year through various programs and services and experienced a 78% success rate in programs offered versus programs conducted. Many programs fill to capacity early in each programming season and often there is a waiting list. Additional funding is needed to fund remaining outdoor programs for the remainder of the fiscal year. Based on current revenue trends it is reasonable to amend the revenue budget by an amount that is anticipated to be realized by participation in these programs for the remainder of the fiscal year. Honorable Mayor and Members of City Council April 6, 2009 . Page 2 Recommended Action(s): Adopt the accompanying budget ordinance to increase the revenue estimate for Outdoor Programs (01-110-1234-1387) in the amount of $25,000, and appropriate the same amount to Program Activities - Outdoors (01-620-7110- 2099). Respectfully submitted, ~ Darlene L. Bu cham City Manage 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 CM09-00054 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 April 7,2009 CECELIA T. WEBB Assistant Deputy City Clerk Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Resolution No. 39413-040609 setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2009 tax year. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 2009. Sincerely, .~'rn.~oCrvV Stephanie M. ~oon, CMC City Clerk SMM:ew Attachment pc: The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, Treasurer Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget f'~ -J IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 2009. No. 38413-040609. A RESOLUTION setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2009 tax year. WHEREAS, in accordance with the requirements set forth in Section 58.1-3524 (C) (2) and Section 58.1-3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly and as set forth in item 503.E (Personal Property Tax Relief Program or "PPTRA") of Chapter 951 of the 2005 Acts of Assembly, qualifying vehicles with a taxable situs within the City commencing January 1,2009, shall receive personal property tax relief; and, WHEREAS, this Resolution is adopted pursuant to Ordinance 37221-101705 adopted by City Council on October 17,2005. NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That tax relief shall be allocated such as to provide 100% tax relief for qualifying personal use vehicles valued at $1,000 or less. 2. That qualifying personal use vehicles valued at $1,001-$20,000 will be eligible for 58.18% tax relief. 3. That qualifying personal use vehicles valued at $20,001 or more shall only receive 58.18% tax relief on the first $20,000 of value. 4. That all other vehicles which do notmeet the definition of "qualifying" (for example, including but not limited to, business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program. 5. That the percentages applied to the categories of qualifying personal use vehicles are estimated fully to use all available PPTRA funds allocated to the City of Roanoke by the Commonwealth of Virginia. ATTEST: ~'fr\.~ltvv City Clerk. 2 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER, CPA Director of Finance April 6, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Adoption of Tax Year 2009 Personal Property Tax Relief Percentage Background: The Personal Property Tax Relief Act (PPTRA) provides relief to owners of personal use motor vehicles state wide. City Council adopted components of the amended Act in October 200S. The City uses the "Specific Relief' method to allocate the relief at the same percentage across the board to the first $20,000 of personal vehicle value. Vehicles valued at $1,000 and below are exempt from taxation. Considerations: City Council is required by the Commonwealth to annually adopt a resolution setting the percentage reduction in personal property for that year. City staff computed the effective reimbursement rate using the PPTRA Allocation Model, developed by a working group of local officials and used across the Commonwealth. The rate as computed using this model for tax year 2009 is 58.18%, down from the 2008 rate of 60.67%. The relief percentage is calculated to distribute the $8,075,992 block grant allocation from the Commonwealth in the manner described above. The allocation model applies a five year average-of personal property data to the Honorable Mayor and Members of Council April 6, 2009 Page 2 vehicle levy from the last prior year. The use of a five year average provides a smoothing effect which mitigates the impact of any large changes in the assessment in a given year. Such was the experience in the current tax year when personally owned vehicle assessments declined by more than 9%. Therefore, using the five year smoothing, the relief amount has declined even though the assessments also declined in FY09 since average assessments over the past five years increased. Recommended Action: Adopt the attached resolution which establishes the percentage reduction for personal property tax relief at 58.18% for the City of Roanoke for the 2009 tax year. Respectfully submitted, tiJ~~. Ann H. Shawver Director of Finance c: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, Treasurer Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman M. Stovall, Director of Management and Budget CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk April 7, 2009 Darlene L. Bu rcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of Council of the City of Roanoke held on Monday, April 6, 2009, an Ordinance abolishing the Fair Housing Board was denied. Sincerely, ~rn..M~~ Stephanie M. Moon, CMC '-' City Clerk SM M :ew pc: William M. Hackworth, City Attorney Angie S. Williamson, Secretary, Fair Housing Board "" ,( IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE abolishing the Fair Housing Board by amending and reordaining Chapter 16, Human Rights, Section 16-147, Definitions, of Article III, Fair Housing, .Division 1, Generally; repealing Sections 16-167 through 16-174, inclusive, of Division 2, Fair Housing Board; and dispensing with the second reading by title ofthis ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 16-147, Definitions, of Chapter 16, Human Rights, is hereby amended and reordained to read and provide as follows: DIVISION 1. GENERALLY Sec. 16-147. Definitions. / For the purpose of this article, the following words and combinations of words shall have the meanings ascribed thereto in this section: Beaftl.;-.:rhe....l11.ff-h:0tl:5ing.hf}aftl--eFeate{l..in:.divi&iefl~.-(7r.{;his"-8:rti:e-Ie:- * * * 2. Sections 16-167 through 16-174, inclusive, of Chapter 16, Human Rights, Pivision 2, Fair Housing Board, are hereby REPEALED. 3. The Pair Housing Board is hereby ABOLISHED. 4. Council expresses its appreciation to the members of the Fair Housing Board for their service to the City of Roanoke and its citizens. 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. K:\Measures\Abolish Fair Housing Board 2009.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk April 7,2009 CECELIA T. WEBB Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38414-040609 authorizing the City Manager to execute the necessary documents providing for conveyance of an approximately .84 acre parcel of City-owned property, bearing Official Tax No. 4040503R, to Carilion Medical Center, located in the South Jefferson Redevelopment Area immediately adjacent to .the Roanoke River, 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, April 6, 2009. Sincerely, ~;., /'n. hJO&YV Stephanie M. Moon, CMC City Clerk SM M :ew Attachment pc: Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Cassandra L. Turner, Economic Development Specialist OJc- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of April, 2009. No. 38414-040609. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of an approximately .84 acre parcel of City-owned property, bearing Official Tax No. 4040503R, to Carilion Medical Center, located in the South Jefferson Redevelopment Area immediately adjacent to the Roanoke River, upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on March 16, 2009, pursuant to SS15.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said conveyance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for. the conveyance of an approximately .84 acre parcel of City-owned property, bearing Official Tax No. 4040503R, to Carilion Medical Center, upon certain terms and conditions and as more particularly shown on the map attached to the City Manager's letter to this Council dated March 16,2009. 2. All documents necessary for this conveyance shall be in form approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. K:\David\Council Work\O-Convey carilion property3-16-09.doc ATTEST: ~h,.~~ 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 March 16, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Sale of City-Owned Property: Tax Map No. 4040503R Background: Carilion Medical Center has an interest in purchasing an approximately .84 acre parcel from the City of Roanoke located in the South Jefferson Redevelopment Area immediately adjacent to the Roanoke River. Carilion has offered to purchase the City-owned parcel (Tax Map Number 4040S03R), as illustrated on the attached map, so as to provide itself with contiguous property ownership between the Roanoke Memorial Hospital facility and the Riverside Center campus on Reserve Avenue. Considerations: The subject property's use is encumbered by an existing flood control training wall which is part of the Roanoke River Flood Reduction project. The Army Corps of Engineers has no objection to the conveyance of this property provided that the City preserves a perpetual right of easement over the entire property in order to inspect, maintain, and ensure continued proper performance of the existing flood control improvements, and prohibits the placement of any new structures on the property. Given the perpetual use and easement restrictions that would be placed on the property, the City Real Estate Assessor has determined the property's value at $9,200. Upon conveyance of the property, it would become subject to real estate taxation under the provisions of a 2001 performance agreement between the City and Carilion. Honorable Mayor and Members of City Council March 16, 2009 Page 2 Recommended Action: Authorize the City Manager to execute a deed, substantial in form to the one attached to this report, and any other appropriate documents, approved as to form by the City Attorney, necessary to transfer tax parcel 4040503R to Carilion Medical Center for the amount of $9,200. Respectfully submitted, Darlene L. Bu City Manage Attachments c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Cassandra L. Turner, Economic Development Specialist CM09-00021 Map Output Page 1 of 1 http:// gis.roanokeva. gov /serv let/com. esri.esrimap.Esrimap?ServiceN ame=mke&Client V ersion=3.1 &F orm... 2/6/2009 The Roanoke Times . - - - - - - - - - - - - - - - - - - - - - - - -'- - - - - - - - - - - - - - - - - - ': - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - I I' I I I I I I I I I I I I I I I I I I I I I I The Roanoke Times Roanoke, Virginia Affidavit of Publication OFFICE OF ECONOMIC DEVELOPMENT 117 CHRUCH AVE ROANOKE VA 24011 ,REFERENCE: 80084300 11318269 NPH-Carilion Medical State of Virginia City of Roanoke I, (the undersigned) an authorized representativ~ of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virg~ia, do certify that the annexed notice was publ~shed in said newspapers on the following date~ :m::: Cl- G) ....-1 CI::~ ~ f:n City!'eounty of Roanoke, Commonwealth/State of vir~f~l.'a. Sworn and subscribed before me this ___~~day of Mar 2009. Witness my hand and officRal seal. ..-. .:...:' _~'---~.~ O_~~~-_. ~_ Notary Public M~~~~expi~~~=___l~~~L~ll__. PUBLISHED ON: 03/06 \\\',.1111/1/11 ,,' '" LA.YAA '" ...'" _I t" IVI..A' ... ^ .... . . .. . . ''"IA"', .....' ~v ..... ~ ".'V ".... ...... .;:;: .....,O;1;r>-~ ". , ., . ," , ,G . ~.. i Q:' :' ~U~v 9'30 '.."l" :. - t:r) : #1090 ~ : ~ :: :: : ",€;.G. .~\~S\() : - : - .... . ~ c,~~\~' . :c::= - -: "l"'. ~ ~\,?-'2 \: <5 - -:... ....1~.:- -:. ~ .... . ..' ~...::' .. OA~" . .." <. .. .., ''7.#.. '. . .. . \::>'''' '" wIONWE~\.\\\ "" " t'\ \\ 111111111"\ TOTAL COST: FILED ON: 196.56 03/06/09 \-----------'-------:- : NOTICE OF PUBLIC HEARING ' , The City of Roanoke 'p r 0 p 0 s est 0 con v e y lapproximately .84 acrel : parcel of City owned property i ! to Carillon Medical Center, 'designated as TaxMap No i 4040503R, In order for I Carillon to meet .certaln 'federal property contiguity 'jlu,qUir.ements.,lri' order to 'meet its' obllgations'to ,the I U.S. Army Corps of Engineers in connection with the Roanoke RI.ver Flood Reduction Project, the City will reserve a maintenance easement across the parcel. p'ursu'ant to the r e q ul rem e n t s of 9915.2-1800(B) and 1813, Code of Virginia (1950) as amended, notice Is hereby given that the City Council of the City of .Roanoke will hold a public hearing on the above matter at Its regular meeting to be held on Monday, March 16, 2009, commencing at 7:00 p.m., In the Council Chambers,. 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further'informatlon Is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the oppo. rtunlty to be heard and 1 express their opinions on said matter. II you are a person with aj disability who needs accommodations for this . hearing, please contact the City Clerk's Office at (540)1 853-2541, before 12:001 noon on Thursday, March 12, 2009. I GIVEN under my hand this i 3rd day of March, 2009. r' STEPHANIE M. MOON, \ . CLERK I , (11318269) I :- - - - - - - - - - - - - - - - - - - - - -.- - - - - - - - - - - - - - - - - - - - - - - - - -' - - + - - - - - - - - - - - - - - - - - - - - - - - - ~~~~~~:::d=~~~~, Billing Services Representative (,', :l :~, .::~" J h ,Y, .~-;. '.: ~ ~ NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey approximately .84 acre parcel of City owned property to Carilion Medical Center, designated as Tax Map No 4040503R, in order for Carilion to meet certain federal property contiguity requirements. In order to meet its obligations to the U.S. Army Corps of Engineers in connection with the Roanoke River Flood Reduction Project, the City will reserve a maintenance easement across the parcel. Pursuant to the requirements of ~~15.2-1800(B) 'and 1813, Code of Virginia (1950) as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above 'matter at its regular meeting to be held on Monday, March 16, 2009, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Ci tizens shall have the opportunity to be heard and express their opinions on said matter. If you are accommodations for Clerk's Office at Thursday, March 12, a person with a disability who needs this hearing, please contact the City (540) 853-2541, before 12:00 noon on 2009. GIVEN under my hand this 2009. 3rd day of March STEPHANIE M. MOON CLERK K:\David\Council Work\PH carilion property 3-16-09.doc Notice to Publisher: Publish once in the Roanoke Times on Friday, March ~2009. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: 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-II45 E-mail: clerk@roanokeva:gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk April 7, 2009 CECELIA T. WEBB Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 3841 5-040609 changing the location of the joint meeting of Roanoke City Council and the Roanoke City School Board scheduled to be held at 9:00 a.m., on Monday, May 4, 2009, from the EOC Conference Room in the Municipal Building to the William Fleming Senior High School Media Center, 3649 Ferncliff Avenue, N. W. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 2009. Sincerely, ~~.'n\D~ Stephanie M. Moon, C~ City Clerk SMM :ew Attachment pc: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145, . Roanoke, Virginia 24031 Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Cecelia T. Webb, Assistant Deputy City Clerk ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of April, 2009. No. 38415-040609. A RESOLUTION changing the location of the joint meeting of Roanoke City Council and the Roanoke City School Board scheduled to be held at 9:00 a.m., on Monday, May 4,2009, from the EOC Conference Room in the Municipal Building to the William Fleming Senior High School Media Center, 3649 Ferncliff Avenue, N.W., Roanoke, Virginia. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The joint meeting of Roanoke City Council and the Roanoke City School Board scheduled to be held at 9:00 a.m., on Monday, May 4,2009, in the EOC Conference Room in the Municipal Building is hereby relocated to the William Fleming Senior High School Media Center, 3649 Femcliff Avenue, N.W., Roanoke, Virginia. 2. The City Clerk is directed to cause a copy ofthis resolution to be posted adjacent to the doors of the Council Chambers and the EOC Conference Room and inserted in a newspaper having general circulation in the City at least seven days prior to May 4,2009. ATTEST: ~ /'Y). ~DMJ City Clerk. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 . Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk April 7, 2009 Mr. Archie L. Freeman, III 2603 Bowman Street, N. E. Roanoke, Virginia 24012 Dear Mr. Freeman: At a regular meeting of the Council of the City of Roanoke which was held on Monday, April 6, 2009, you were appointed to replace James Settle as a member of the Parks and Recreation Advisory Board, for a three-year term of office ending March 31, 2012. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." K:\oath and leaving service\Parks and Rec\Archie Lee Freeman lII.doc Mr. Archie L. Freeman, III April 7,2009 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation. for your willingness to serve as a member of the Parks and Recreation Advisory Board. Sincerely, A~"'r0.~ Stephanie M. Moon, CMC City Clerk SM M :ew Enclosu res pc: Linda Bedasaul, Secretary, Parks and Recreation Advisory Board w/applicaton Sheila N. Hartman, CMC, Deputy City Clerk K:\oath and leaving service\Parks and Rec\Archie Lee Freeman III.doc COMMONWEALTH OF VIRGINIA) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the sixth day of April, 2009, ARCHIE L. FREEMAN, III, was appointed to replace James Settle as a member of the Parks and Recreation Advisory Board, for a three-year term of office ending March 31 , 2012. Given under my hand and the Seal of the City of Roanoke this seventh day of April 2009. ~'rY\'~0vV City Clerk K:\oath and leaving service\Parks and Rec\Archie Lee Freeman III.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Vrrginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILAN. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk April 9, 2009 The Honorable M. Rupert Cutler 204 S. Jefferson Street, Suite 4 Roanoke, Virginia 24011 Dear Dr. Cutler: At a regular meeting of the Council of the City of Roanoke which was held on Monday, April 6, 2009, you were appointed to fill the unexpired term of office of former Council Member Alvin L. Nash as a City representative to the Roanoke Valley Area Metropolitan Planning Organization for a term of three years ending June 30,2011. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 31 S Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." Sincerely, A~m.h1()~ Stephanie M. Moon, CMC C City Clerk SMM:ew Enclosu res The Honorable M. Rupert Cutler April 9, 2009 Page 2 pc: Wayne G. Strickland, Executive Director, Roanoke Valley Area Metropolitan Planning Organization, P. O. Box 2569, Roanoke, Virginia 24010 Sheila N. Hartman, CMC, Deputy City Clerk COMMONWEALTH OF VIRGINIA) ) To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regu lar meeting of Council which was held on the sixth day of April 2009, M. RUPERT, CUTLER, was appointed to fill the unexpired term of office of former Council Member Alvin L. Nash as a City representative to the Roanoke Valley Area Metropolitan Planning Organization for a term of three years ending June 30, 2011. Given under my hand and the Seal of the City of Roanoke this ninth day of April 2009. ~-t:r1~ m ~ City Clerk COST Reserve Avenue / Budget analysis / 2008 Item Acquisition Delllolition Disposal I Cleanup Reclamation Estimate $ N/A Item Estimate $ 620,000 Architectural Concessions Rest rooms Artists dressing Green roolll Ticket EMS I Security Production offices Maintenance Stage house Loading COlllposite sub total $ 2.535,000 Storm water Illanagelllent Detention Routing Sedimentation basin I handling Berms (soil structure) Sub total $ 800.000 $2,000,000 $1,200.000 $4.815.000 Seating surface Internal house access Retaining walls Seats (3000) Composite sub total $ 825,000 Fill Base fill Venue fill Hard scape Parking Concourse Walkways Drive access House (cover) $ 6.600,000 $ 800.000 Utilities extensions (flood proofing cost within structure cost) Sanitary Water Power COllllllunications Landscape Soft Hard Lighting Total Construction $ 120,000 $17.765.000 $ 1.776;500 $ 1.776,500 521.318.000 $ 3,197.700 $18,120,300 $24,515.700 $ 750,000 AlE CPM Sound walls Fencing Railings Total $ 700.000 Contingency @ 15% Low end -15% High end + 15% Elmwood Park Foundations 6,550,000 400.000 6.950,000 Item Utilities Power Communications Water Sanitary Storm - Detention - Drainage Irrigation Estimate Item Design AlE Main Structure Fabric Steel/Cable Ship/Install Estimate $ 400,000 1,550,000 3,250,000 1.350,000 TOTAL $ 120,000 15,000 45,000 60,000 220,000 60;000 45.000 $ 565,000 $ 481.000 $12,241,000 Seats Slab/Seat Area Railings Walls Acoustic 375,000 300,000 225,000 90,000 750,000 1,7 40,000 A/E Detached Structure Hardscape Landscape 325,000 120,000 445,000 Range at 15% Lowend -15% High End + 1 5% $ 1,836,150 $10,404,850 $14,077,150 'al Concessions Rest Rooms Public Storage - Retrofit Tickets Dressing Rooms Offices Rest Rooms Private Security/Ent. Catering 375,000 475,000 125,000 100,000 250,000 225,000 85,000 175,000 350.000 $ 2,060,000 Ie Comparison Reserve Avenue / Budget analysis /2008 Item Acquisition Delllolition Disposal I Cleanup Reclamation Estimate $ N/A Item Estimate $ 620.000 Architectural Concessions Rest roollls Artists dressing Green room Ticket EMS I Security Production offices Maintenance stage house Loading Seating surface Internal house access Retaining walls Seats (3000) Composite sub total $ 2.535,000 $475,000 Storlll water managelllent Detention Routing Sedilllentation basin I handling Berms (soil structure) Sub total $ 800,000 $580.000 Fill .Sub total $2.000.000 $1.200.000 $4.815.000 House (cover) COlllposite sub total $ 825,000 $ 6,600,000 Base fill Venue fill Hard scope Parking Concourse Walkways Drive access Utilities extensions (flood proofing cost within structure cost) Sanitary Water Power Communications Landscape Soft Hard Lighting Total Construction $ 120,000 $17.765.000 $ 1.776.500 $ 1.776.500 521.318,000 $ 3.197,700 E8. ~~g.~~~ Sub total $ 800.000 $675.000 Sub total $ 750.000 $630.000 AlE CPM Sound walls Fencing Railings Total Sub total $ 700.000 $385.000 Contingency @ .1 5% Low end -15%