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Home My WebLink AboutCouncil Actions 07-06-09 ROANOKE CITY COUNCIL REGULAR SESSION I JULY 6,2009 9:00 A.M. ROOM 159 AGENDA Call to Order -- Roll Call - All Present. CUTLER 38502-070609 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) Due to the lateness of the hour, the Closed Meeting was not held. A communication from Council Member Gwendolyn W. Maso'n, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss the annual performance of Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. (7-0) A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss acquisition of real property for a public purpose, where discussion in open meeting would adversely effect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2- 3711 (A)(3), 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 award of a public contract involving the expenditure of public funds and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(29), 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) AT 9:11 A.M., THE MAYOR DECLARED THE COUNCIL MEETING IN RECESS FOR CLOSED MEETING IN THE COUNCIL'S CONFERENCE ROOM. AT 12:00 NOON, THE COUNCIL MEETING RECONVENED IN ROOM 159 FOR INFORMAL BRIEFINGS. ITEMS FOR DISCUSSION AT THE JOINT MEETING OF COUNCIL AND THE ROANOKE CITY SCHOOL BOARD TO BE HELD ON AUGUST 3, 2009, at 9:00 AM., AT THE ROANOKE CITY SCHOOLS ADMINISTRATION BUILDING, 40 DOUGLASS AVENUE, N. W. 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. NONE. BRIEFINGS: Capital Improvement Plan 30 minutes The City Manager was directed to move forward with renovation of the City Market Building, maximizing federal and state historic tax credits, proceed with design of Amphitheatre, and use $723,000.00 for parks and recreation improvements in fiscal year 2010, rather than in 2011. Council Member Price voted no with regard to the amphitheatre design. AT 1 :30 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 2:00 P.M., IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 2 ROANOKE CITY COUNCIL REGULAR SESSION JULY 6,2009 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. All Present. The Invocation was delivered by The Reverend Barkley Thompson, Pastor, St. John's Episcopal Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, July 9 at 7:00 p.m., and Saturday, July 11 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. 3 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.CLlCK ON THE SERVICE ICON, CLICK ON COUNCIL AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING. IF ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV.TO OBTAIN AN APPLICATION. ORGANIZATIONAL MEETING Establishment of a schedule of regular meetings for City Council for the 2009-2010 Fiscal Year. Adopted Resolution No. 38502-070609. (7;.0) 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Presentation of the Government Finance Officers Certificates of Achievement in Financial Reporting to the Department of Finance. Presented plaques to Harold R. Harless, Retirement Accountant; and Kathryn Fox, Accounting Supervisor. 4 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. Larry T. Black, 5463 Highfield Road, N. W., spoke about a historic grant for use on the City Market Building. Evelyn Bethel, 35 Patton Avenue, N. E., spoke about the proposed Washington Park improvements and Washington Park Aquatic Center. 4. CONSENT AGENDA (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meetings of the Council held on Monday, March 2, 2009 and Monday, March 16, 2009, and recessed meeting of March 16, 2009, held on Thursday, March 26, 2009. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C-2 A communication from the City Manager requesting that Council schedule a public hearing for Monday, July 20, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the sale of City-owned property adjacent to 57 Gilmer Avenue, N. E. RECOMMENDED ACTION: Concurred in the request. C-3 A communication from the City Manager requesting that Council schedule a public hearing for Monday, July 20,2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider renewal for lease of space in the City Market Building to C. Roger Lamm, III, owner, Tavern On The Market Restaurant, on a month to month basis, not exceed 12 months. RECOMMENDED ACTION: Concurred in the request. 5 J C-4 A communication from the City Manager requesting that Council schedule a public hearing for Monday, July 20, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider a request from Northwest Child Development Center, Inc., a Virginia non- stock, not for profit foundation, for tax exemption of real property located at 1523 Melrose Avenue, N. W. RECOMMENDED ACTION: Concurred in the request. C-5 A communication from Richard A Rife tendering his resignation as a member of the City Planning Commission, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C-6 Reports of qualification of the following individuals: Robert H. Logan, III, as a non-elected City representative of the Roanoke Valley-Alleghany Regional Commission for a three-year term ending June 30,2012; Lucy H. Lee as a member of the Roanoke Arts Commission for a three-year term ending June 30,2012; Carl H. Kopitzke for a three-year term ending June 30,2012, and Michael A Loveman for a two year term ending June 30, 2011, as members of the Mill Mountain Advisory Committee; J Wilburn C. Dibling, Jr., as a member of the Roanoke Public Library Board for a three-year term ending June 30, 2012; Bobby R. Caudle as a member of the Roanoke Neighborhood Advocates for a three-year term ending June 30, 2012; Clifford R. Weckstein as a City representative of the Court Community Corrections Program, Regional Community Criminal Justice Board, for a three-year term ending June 30, 2012; Edward C. Bradley as a member of the Personnel and Employment Practices Commission for a three-year term ending June 30,2012; and John P. Bradshaw, Jr., as a City representative to the Board of Directors, Western Virginia Water Authority, to fill the unexpired term of M. Rupert Cutler for a term ending June 30, 2010. RECOMMENDED ACTION: Received and filed. 6 REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Presentation of the Jefferson Center Foundation Annual Report. Edwin C. Hall, Chairman, Board of Directors, Spokesperson. (Sponsored by Council Members Trinkle and Cutler) Remarks were received and filed. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance and appropriation of the Fiscal Year 2010 Urban and Community Forestry Grants from the Virginia Department of Forestry. Adopted Resolution No. 38503-070609 and Budget Ordinance No. 38504- 070609. (7-0) 2. Acceptance and appropriation of the 2009-2010 Community Development and Block Grant, HOME Investment Partnerships Program and Emergency Shelter Grant Program funds. Adopted Resolution No. 38505-070609 and Budget Ordinance No. 38506- 070609. (7-0) 3. Acceptance of funding from the United States Marshals Service District Task Force for the purchase of safety equipment and other related items to be used by the Police Department. Adopted Resolution No. 38507-070609 and Budget Ordinance No. 38508- 070609. (7-0) 4. Acceptance of funding for Data Share Grants through the Edward Byrne Memorial Grant Program from the Department of Criminal Justice Services. Adopted Resolution No. 38509-070609 and Budget Ordinance No. 38510- 070609. (7-0) 7 5. Appropriation of Fiscal Year 2009-2010 funds for YMCA Aquatic Center and Greenway projects. Adopted Budget Ordinance No. 38511-070609. (7-0) 6. Approval and un-appropriation of funding in connection with the Riverland Road Improvements Highway Project. Matter was deferred until the July 20 Council meeting. 7. Approval of an encroachment into the public right-of-way located at 11 Jefferson Street, S. W. Adopted Ordinance No. 38512-070609. (7-0) 8. Execution of an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of marketing the Roanoke Valley as a convention and destination tourism site. Adopted Resolution No. 38513-070609. (7-0) COMMENTS BY CITY MANAGER. The City Manager announced that the numbers during the last several weeks at the two pools were up; she attend the Annual Fourth of July celebration that was held on Reserve Avenue; mentioned the leasing of the apartments at the Cotton Mill and the continuation of additional living in the downtown area; and shared information with regard to the elimination/reduction/suspension of various City services during the 2009-2010 fiscal year. b. CITY ATTORNEY: 1. Amendment of the City Code to regulate the riding of bicycles and similar devices on City Streets. Adopted Ordinance No. 38514-070609. (7-0) c. DIRECTOR OF FINANCE: 1. Financial Report for the month of May 2009. Received and filed. 8. REPORTS OF COMMITTEES: NONE. 8 9. UNFINISHED BUSINESS: a. Consideration of an amendment to the boundaries of Enterprise Zone Two and its Subzone A (Matter was tabled at the June 15,2009 Council Meeting) Adopted Resolution No. 38515-070609. (7-0) 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Cutler reminded everyone of the Lick Run Greenway event scheduled to be held on July 17 at 10:00 a.m., at the Lick Run Greenway on 10th Street, N. W. for presentation of signage. Council Member Price announced the grand opening of Second Helping Hand in the Civic Mall on Williamson Road which was held on June 30, 2009. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. AT 3:40 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS FOR CONTINUATION OF CLOSED MEETING IN THE COUNCIL'S CONFERENCE ROOM. AT 5:45 P.M., THE COUNCIL MEETING RECONVENED IN THE EOC CONFERENCE ROOM 159, FOR CONTINUATION OF INFORMAL BRIEFINGS. CERTIFICATION OF CLOSED MEETING. (6-0, Council Member Rosen left immediately following Closed Meeting.) VDOT/10th Street and Virginia Museum of Transportation/Railwalk Proposed Improvements briefings were held. Stormwater Utility Presentation was deferred until the July 20 Council meeting. 12. ADJOURN. (6:09 p.m.) 9 CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.w., SUITE 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 DAVID A. BOWERS Mayor July 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, &J.Q&--.... - David A Bowers Mayor DAB:ctw 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 Council Members M. Rupert Cutler Sherman P. Lea Gwen W. Mason Anita J. Price Court G. Rosen David B. Trinkle DAVID A. BOWERS Mayor July 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 the annual performance of Council-Appointed Officers, 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 July 6, 2009 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting to discuss the acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to 92.2-3711.A.3, of the Code of Virginia (1950), as amended. Respectfully submitted, Darlene L. Bur City Manager DLB/lsc c: William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Stephanie M. Moon, City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov July 6, 2009 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting for the discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 9 See. 2.2-3711.A.29, of the Code of Virginia (1950), as amended. Respectfully submitted, Darlene L. Bur City Manager DLB/lsc c: William M. Hackworth, City Attorney Ann Shawver, Director of Finance Stephanie M. Moon, City Clerk CITY OF ROANOKE OFFICE OF CITY ATIORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY AlTORNEY TELEPHONE: 540-853-2431 FAX: 540-853-1221 EMAIL: cityatty@roanokeva.gov TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L COLLINS HEATHER P. FERGUSON ASSISTANT CITY AlTORNEYS July 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 adviceby such counsel, pursuant to S2.2-3711.A.7, Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, ~1t~ William M. Hackworth City Attorney WMH/lsc c: Darlene L. Burcham, City Manager Ann Shawver, Director of Finance Stephanie Moon, City Clerk Briefing No. 1 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov July 2, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Coun'cil 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: Briefing Material - Capital Improvement Program Planning You will find attached briefing material for our continued discussion on Capital Improvement Program (CIP) planning. Please note the following: . The information presented on slide 11 (page 6) is again intended to show a "possible" spending plan for the identified new projects given the current planned debt issuance and available cash funding. From the discussion at the June 151 briefing, Council reached a consensus on moving forward with the demolition of the National Guard Armory and Market Building Renovation. It appears that additional discussion is needed on the Amphitheater project. Council received a second briefing on June 1 51h with respect to Washington Park Pool improvements and staff will need to receive direction on which option, if any, on which to move forward. . As another review of project needs was done, staff thought that it would be prudent to recommend including additional funding for bridge renovation in FY 2011 and FY 2012. The planned debt issuance of $1 ,050,000 in FY 2010 is the last planned installment of funding for this category. In our initial planning assessment, it was our assumption that we would be successful in obtaining stimulus funding to support bridge renovation, but that has not occurred. . As outlined at the prior briefings, a portion of the planned debt issuance for Parks and Recreation Master Plan projects is reallocated to address the identified new projects. Page 2 . Debt issuance does not exceed what was initially planned to ensure that we preserve some debt capacity and work within the parameters of the debt policy. Thank you for your consideration of the information above. Sincerely, ,/a~ Darlene L. Bui cham City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance City Council Capital Improvement Program Planning ""'~0J July 6, 2009 " Planned Debt Issuance I I , FY 2010 Roanoke River Flood Reduction $2,455,000 Parks and Recreation Master Plan 7,000,000 Bridge Renovation 1,050,000 Curb, Gutter, Sidewalks 2,250,000 School Roofs 2,500,000 Total $15,255,000 .. Note: ~ Shift out $1,250,000 of issuance for curb, gutter, and sidewalks to FY 2011 Parks and Recreation Master Plan cash funding of $3,073,565 is also available to be programmed 2 1 Planned Debt Issuance Jtft!lt:..n,,,..__A.1If~"_"'N1~T~'__ FY 2011 Roanoke River Flood Reduction $1,800,000 Parks and Recreation Master 8,000,000 Plan Digital Radio Upgrade 1,308,000 Total $11,108,000 FY 2012 Roanoke River Flood Reduction $1,300,000 - Library Master Plan 10,442,000 Digital Radio Upgrade 4,800,000 Total $16,542,000 3 Planned Debt Issuance i~.."."'~~""0":.;';..:;;;..... ~ FY 2013 Roanoke River Flood Reduction $1,200,000 Library Master Plan 2,750,000 Parks and Recreation Master 15,000,000 Plan Total $18,950,000 FY 2014 ~ Roanoke River Flood Reduction $613,000 4 2 . Possible New Projects To Be Included In The CIP Update ~ FY 2010 o Demolition of National Guard Armory o Washington Park Family Aquatics Center o Amphitheater o Countryside o Market Build ing lZil Other Future Proiects - 0 Aviation Drive Improvements (Beyond Funded Amount) o Conference Center Expansion o School Projects (To Be Determined) Possible Spending Plan - New Projects From June 1, 2009 Briefing Fiscal Year 2010 2011 "2d't2~ -201'3' Available Funding $10,073,565 $10,223,565 ----- $19,523,565 National Guard Amory 350,000 Washington Park Aquatics 3,600,000 Design and Construction Market Building Design 700,000 Market Building Construction 5,700,000 Countryside 2,000,000 Amphitheater' Design 1,200,000 - Amphitheater Construction 13,000,000 Remaining Funding $2,223,565 $4,523,565 ----- $6,523,565 Note - Available Fundino FY 2010 - Based on planned debt issuance of $7 million for Parks and Recreation Master Plan and cash funding of $3,073,565 FY 2011 - Based on planned debt issuance of $8 million for Parks and Recreation Master Plan and $2,223,565 in planned FY 2010 debt not issued FY 2013 - Based on planned debt issuance of $15 million for Parks and Recreation Master Plan 6 and $4,523,565 in planned FY 2011 debt not issued 3 c. ;.,; Available for Allocation - New Projects ';'\"C, From June 15, 2009 Briefing ;,; ;\ Fiscal Year 2010 2011 2012 201'3' ';; Available Funding $10,073,565 $8,000,000 ----- $15,000,000 " National Guard Amory 350,000 Market Building Design 700,000 Market Building Construction 5,700,000 Market Building Streetscape 1 ,300,000 Countryside 2,000,000 Washington Park Aquatics , Center Amphitheater --- Remaining Funding $7,023,565 $1,000,000 $15,000,000 ----- Note - Available FundinQ FY 2010 - Based on planned debt issuance of $7 million for Parks and Recreation Master Plan and cash funding of $3,073,565 FY 2011 - Based on planned debt issuance of $8 million for Parks and Recreation Master Plan FY 2013 - Based on planned debt issuance of $15 million for Parks and Recreation Master Plan 7 I ~ Project Information "."" '.0"<""'-tY--'".- -",,~---..t.'J+-P1 Washington Park Pool Improvements Repair/Renovate Option 1 - $600,000 . Repair current physical deficiencies . No functional improvements or recreation value added items . Continue to operate at current subsidy level Repair/Renovate Option 2 - $1.9 million . Repair current physical deficiencies . Incorporates additional functional and recreation value added items . L-Shape Lap Pool (Six - 25 yard lanes), Drop Slide, Climbing Wall, Zero Depth Entry Leisure Pool, Interactive Play Structures, Water Spraygrowld !!l Minimal change in current subsidy level 4 " Project Information ~, ::--=-= - III Washington Park Pool Improvements Family Aauatic Center Option - $3.6 million . Repair current physical deficiencies . Expanded functional improvements and recreation value . added items Zero Depth Entry Leisure Pool, Two Fitness Lap Lanes, Interactive Play Structure, Two Flume Waterslide Structure with Run Out ,Kiddie Slide, Water Sprays, Circulating River, Lily Pad Walk, Tot Pool I!jj Projected reduction in current subsidy with full cost recovery in year 3 Project Information [ ';.- '[&(',,' >;'.'",q...;".'%M,'~i"'.'oI;_,,<1""F.'d - o Amphitheater o Total Cost- $14.2 million o Design - $1.2 million - Approximately 12 -14 months to complete Construction - $13 million - Approximately 12 months to complete - Phasing construction to facilitate "back of house" and. other components first - approximately $6.4 million o Operating Budget Impact - Based on preliminary analysis, could require a subsidy of up to $500,000 10 5 .4 . . C. I.'CC Possible Spending Plan - New Proj ects July 6, 2009 Fiscal Year 2010 2011 201"2'''''''' --2oT3"'" Planned Debt Issuance - $7,000,000 $8,000,000 ----- $15,000,000 Parks and Recreation Reallocation Planned Debt 2,223,565 1,250,000 Issuance Prior Year Cash Funding 3,073,565 Total Available 10,073,565 10,223,565 1,250,000 15,000,000 National Guard Amory 350,000 Market Building 700,000 5,700,000 Market Building Streetscape 1,300,000 - Countryside 2,000,000 Washington Park Aquatics 3,600,000 Parks and Rec Improvements $723,565 2,000,000 Amphitheater 1,200,000 13,000,000 Bridge Renovation $1,250,000 $1,250,000 11 Remaining Funding $2,223,565 $1,250,000 $0 $0 6 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov July 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: Washington Park Planning Background In follow up to discussions at your July 6 meeting regarding Washington Park and the proposed Family Aquatics Center, attached for your review and information is a chronology of activities undertaken on this project over the past nine years. Also attached is the park plan that was developed in conjunction with the community and adopted by the Parks and Recreation Advisory Board in 2007. Please let me know if there are any questions. Respectfully submitted, ~\~ Brian Townsend Assistant City Manager for Community Development Attachments c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Darlene L. Burcham, City Manager Steve C. Buschor, Director, Parks and Recreation MEMORANDUM Roanoke Parks and Recreation 210 Reserve Avenue, SW Roanoke, Virginia 24016 PH: 540 853.2236 FAX: 540 853.1287 PARKS AN D RECREATION To: From: Date: Re: Steve Buschor, Director of Parks and Recreation Donnie Underwood, Parks & Greenways Planner July 13, 2009 Washington Park Site Planning History Chronology 2000 City Council adopts 2000 P&R Comp Master Plan into the City's Comprehensive Plan: including the Washington Park Pool renovation into a Famil A uatic Facilit . June 2000 Parks & Recreation created first draft of site plan where an outdoor pool renovation into a family aquatic center was identified based upon the 6.15.2000 Washington Park Forum results. . January 2001 Washington Park Planning Committee agreed that upgrading the existin 001 to an a uatic center was necessa . February 2001 Washington Park Committee communicated to the City that the planning process had been completed for the park per the initial Parks and Recreation master site plan. The Committees report identified upgrading the pool to an aquatic center and re uested $1 M to do so. January 28,2002 The department & the committee began to prioritize develo ment riorities er available C1P fundin . May 13, 2002 Parks & Recreation discussed environmental factors with group regarding potential environmental impacts that the initial plan did not address. New GIS technology allowed the department to update the plans design and detail. The new shelter & comfort station development project was the initial phase of C1P develo ment as a roved b Council er the C1P. June 9, 2003 Community Meeting was held with the desire to update the initial 2000 plan to identify new environmental information and incor orate GIS features. September 2003 Members of the Planning Committee met with staff to plan a strategy for the next community meeting to review those u dates as addressed in the June '03 meetin October 2003 Departmental staff met with Committee Group leaders to review revisions to Ian er the 9.25.03 Committee mt . January 2004 Committee met again and approved revised site plan for Booker T. Washin ton Park as attached herein. May 22, 2004 Held Washington Park Master Site Plan public review meeting at Addison School. Over 2000 notices were mailed to communit . November 2007 Washington Park Master Site Plan approved by the Parks & Recreation Adviso Board. 2007 City Council adopts the 2007 Comp Parks & Recreation Master Plan into the City's Comp Plan: including upgrading Washington Park Pool to a Family Aquatic facility as per the Washington ark master site Ian. December 2008 Staff briefs City Council with regards to the opportunities and processes of considering converting the existing outdoor pool at Washington park into a more modern outdoor family aquatics facility. Council directs staff to seek additional communit in ut. Feb. 19, 2009 Per City Council's direction, staff held a community meeting with regard to the potential pool renovations facilitated by our aquatics consulting firm of Councilman-Hunsaker. Advertisement of the meeting over three weeks prior through newspaper, TV, radio, and direct mailing to neighborhood rou s. Nineteen individuals attended the meetin . June 2009 Staff briefed City Council per the results of the public meetings as well as shared the consultant's final recommendations and options with regard to both development as well as operational costs and antici ated revenues of a Famil A uatics Center. Attachments: Master Site Plan 2 Page of 2 .c. 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". 1:[ "- a z g g 5 => ~ a!!(~ ~ (\"\' IU \' . i <Q.~.fj <o~iii _ -g.1l"~'0 ~ ~(J)"~g.' an"'''' ~ " ~ ~r"?'lj , l>'~~~ III 5l~~~"T1 k ;;:'';'!'>~~ ~,<~g:~~ l' Q:U' ~ ~ '~~/ ~ 5g~ ~ ~ ~m.~(lj ~ .. :l>~~~ ~ Q.~~~F...'.~. iL\.o. :. .'-;--Q~'. .-.. !J :',' 7; ...U ,U" ~".g.c, ,.. .," c." c '. \ " 'c.. C C ",0" '5"& 'C~c:"r"T1 oro .... . .. .,., \' ' . . ; ;;a;.;; :o.~'l'c"~" ;',tj'o't::l<'" ,\ \ \.0' /y · 1 ~ i!ll!};; /;:~:/; l/;kW?}.Jk'r~'~0\ c.~ 0>d=~ ' (' ,~'''''' ~,{f;~!;ldt\a;j.ry,~~\c;? . (\~':/ ? ~e:~'\~~'fP~&?"\~~'~U?i~\...,'!.\l>~....n.. ";~~jL>~ Ii" 'J~ ~~~'C~~.;: . f" ccc,,, "'>cc -_'>~ .c.", ..//,- .' '~ c;:;:.;k 1 !"., ,,,,, '. · - . ~~/ I ' ",1'1 ,"^'" - - ."-' - ,/~./'./" N ~ ~ ~ ~ ~ ~ "~':'%'" ''''00 ,=::;:; :::::: =;::: OfSc:RIPTlON r . ~ ~ ~ ~ i f- ~ ~;. g. CONCEPTUAL MASTER PLAN WASHING;~~~~:;~eation Department . OMMUNITY PLAN - UPDA City of Roanoke, Virginia TE ==fM] . ..1-:1 ~ II '::~~:;;.'~,~gl'"~: ~ ~~ ~4013 Engln....rlng vtW'N.'"'wpc.lX>...... ~~~~..ctUt8 ph: S40.34!5.067!5 L....d5~~ D....lgn I r...: 540.342.4456 m-eng@lmw.toaco><mall.com [;..-\ekl' t, ,-. ~ .. --\ !.;I.J ",,"'/- ;,V\;j .~~ .) ._~ . .... ; .. ::~ NOTICE: The Virginia Museum of TransportationIRailwalk Proposed Improvements Briefing held on July 6, 2009 is on file in the City Clerk's Office for viewing. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC yroanokeva.gov City Clerk CECELlA T. WEBB . Assistant Deputy City Clerk July 7, 2009 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Troy A. Harmon, Municipal Auditor Dear ladies and Gentlemen: I am attaching copy of Resolution No. 38502-070609 establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2009, and terminating June 30, 2010. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 6, 2009. Sincerely, ~ m. fY)ff6Yv Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: James Grigsby, Assistant City Manager of Operations R. Brian Townsend, Assistant City Manager for Community Development ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of Ju1y,2009. No. 38502-070609. A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2009, and terminating June 30, 2010. BE IT RESOLVED by the Council of the City <?f Roanoke as follows: 1. This resolution establishes a schedule of regular meetings for City Council for the Fiscal Year commencing July 1, 2009, and terminating June 30, 2010. 2. For such fiscal year, City Council shall hold regular meetings on the first and third Mondays of each month, at the following times of commencement: (a) Unless otherwise provided by resolution of Council, each regular meeting on the first Monday in each month shall commence at 9:00 a.m. for the conduct of informal meetings, work sessions, or closed meetings. Thereafter, Council shall take up the regular agenda at 2:00 p.m. Council may recess between the 9:00 a.m. session and the 2:00 p.m. session. (b) Unless otherwise provided by resolution of Council, each regular meeting on the third Monday in each month shall commence ~t 2:00 p.m. for the conduct of regular business. The second meeting of each month shall be recessed upon the completion of all bu~iness except the conduct of public hearings, and such meeting shall be reconvened at 7:00 p.m. on the same day for the conduct of public hearings. 3. With regard to the regular meetings scheduled to be held on the third Monday of each month, inasmuch as City officials and Council members' will be attending the Virginia Municipal League Annual Conference to be held on October 18-20,2009, an , exception is noted herein and the regular meeting scheduled to be held on Monday, October 19, 2009, is rescheduled to be held on Thursday, October 22,2009, and shall commence at 2:00 p.m. Such meeting shall be reconvened at 7:00 p.m. 9n the same day for the conduct of public hearings. 4. When any regularly scheduled Monday meeting shall fall on a holiday of the City, such meeting shall be held on Tuesday next following. 5. All meetings of City Council shall be automatically adjourned at 11:00 p.m., unless a motion setting a new time for adjournment be made, seconded, and unanimously carried. 6. Except for the 9:00 a.m. session ofthe regular meeting on the first Monday in each month, which shall be held in Room 159 of the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., in this City, all regular meetings of City Council shall be held in the Council , / Chambers, Room 450, of the Municipal Building, unless otherwise provided by resolution of Council, with the exception of the 9:00 a.m. session ofthe regular meeting on August 3, 2009, which shall be held in the Roanoke City Public Schools Administration Building located at 40 Douglass Avenue, N.W., Roanoke, Virginia. 7. City Council may prescribe a day or time other than that established by this resolution or a meeting place other than that established by this resolution by adoption of a resolution establishing a new meeting day, place or time. City Council shall cause a copy of such resolution to be posted adjacent to the door of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to the date of the meeting at such amended day, time or place 8. This Resolution shall have no application to special meetings of City Council called pursuant to 910 of the City Charter. ATTEST: ~ m. IV[V/M-I . City Clerk. G Government Finance Officers Association 203 N. LaSalle Street - Suite 2700 Chicago, IL 60601 Phone (312) 977-9700 Fax (312) 977-4806 '" 04/28/2009 NEWS RELEASE For Information contact: . Stephen Gauthier (312) 977-9700 (Chicago)--The Certificate of Achievement for Excellence in Financial Reporting has been awarded to City of Roanoke Pension Plan by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual(s), department or agency designated by the government as primarily responsible for preparing the . award-winning CAFR. This has been presented to: Harold R. Harless, Jr., Retirement Accountant The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately 17,500 government finance professionals with offices in Chicago, IL, and Washington, D.C. ~ Government Finance Ofticers Association 203 N. LaSalle Street - Suite 2700 Chicago, IL 6060 I Phone (312) 977-9700 Fax (312) 977-4806 " OS/26/2009 NEWS RELEASE F or Information contact: Stephen Gauthier (312) 977-9700 (Chicago)--The Certificate of Achievement for Excellence in Financial Reporting has been awarded to City of Roanoke by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial rep0l1 (CAFR). The Cel1ificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual(s), department or agency designated by the government as primarily responsible for preparing the award-winning CAFR. This has been presented to: Kathryn Fox, CP A, Accounting Supervisor The CAFR has been judged by an impal1ial panel to meet the high standards of the program including demonstrating a constructive "spirit offull disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately 17,500 government finance professionals with offices in Chicago, IL, and Washington, D.C. :; ... ." ~l:~ .~). THE mSTORIC ROANOKE CITY MARKET NOW AND FOR THE FUTURE I was recently invited to meet with Bill Carder, Executive Director of Downtown Roanoke, Incorporated (hereafter DRI) and Tina Workman, Events Manager ofDRI, to discuss mutual concerns regarding the Historic Roanoke City Market (hereafter MARKET). I am most appreciative for the opportunities that a person-to-person meeting provide. I am somewhat more focused on the MARKET than on businesses in the Market District because of my experiences as a Market Manager and my professional relationships with the vendors. THE GRANT I am enclosing the proposal sent to Representative Bob Goodlatte for his consideration. Perhaps, you already have received a copy; but if not, I encourage you to examine it in order for my comments to be more understandable. (APPENDIX B) Bill and I differ on several aspects of the grant, beginning with the recipient of the grant. He can speak for himself, but it was my understanding that he believes the recipient of the grant to be DR!. The actual recipient, as set forth in the proposal, is the Roanoke City Market. That is a significant difference. As I understood it, Bill's position is based, in part, on his opinion that the MARKET is not an "entity." I am not certain how an "entity" is defined, but I find it difficult to understand how the City of Roanoke (hereafter CITY) has contracted for several years with DR! to manage a "non-entity." If the recipient of the grant is, in fact, the MARKET, I believe the money can only be used for the purposes set forth in the grant, generally renovations and repairs to the MARKET structures. If, on the other hand, the recipient is DR!, the grant is no more than a $250,000 "slush fund" for DR! to use anywhere, anyhow, and on anything; as long as it is in the MARKET area. The City Code of Roanoke, Sections 24-61 through section 24-77, define, describe, and delineate the Public Market of Roanoke. Section 24-77 authorizes the City Manager to "PromUlgate rules and regulations, including modifications thereto, for the operation and use of the market spaces." The Market Handbook establishes those rules and regulations under the signature of the City Manager. I submit that DR! deserves much credit for obtaining the grant on behalf of the . I MARKET and that DRI is the proper conduit, with the CITY'S approval, to see that those funds are used for the purposes explicitly stated in the proposal. I also submit, as a precaution, that a formal legal opinion be obtained as to the proper use of those funds in order to assure that the funds not be considered to have been misappropriated. Bob Fetzer, then Chairman of the Board of Directors ofDRI, signed the proposal and Hope Hollingsworth, then Market Manager of the MARKET, directed the preparation of the proposal. They are both in Roanoke and can, I'm sure, shed some light on the purposes for which they submitted the proposal. Although a busy Congressman, Representative Goodlatte can also be contacted for his thoughts regarding his inclusion of the grant in the Omnibus Bill. THE PROPOSED PLAN I will preface the remarks that follow by stating that I have no problem with anything that DR! or the CITY want to do in West Market Square after 5:00pm (4:00pm on Sundays). The MARKET hours are.established by the Market Handbook and are cited in the DR! web site. It must be acknowledged that some vendors leave the MARKET earlier. It .should also, however, be acknowledged that East and West Market Squares are set aside for MARKET purposes and should not be subject to being used for outdoor dining or other such non-MARKET functions that interfere with MARKET hours. The concept of removing the market spaces from the South border of West Market Square (tables and awnings), seems totally unnecessary unless there are unannounced plans to also remove the market spaces from East Market Square. The removal of those other market spaces would be clearly beneficial to restaurants in that vicinity. I understood Bill to say that six mobile market stalls would be constructed or acquired, and they could be moved about, as necessary. The plan calls for those mobile stalls to be lined up along Market Street from the comer at Thomas Market to Campbell Avenue. It was not clear to me whether those mobile stalls would have awnings attached to them. Vendors would back their vehicles up to the stalls, as do the vendors in the spaces from Thomas Market to Kirk Avenue. It was not clear what the "traffic" pattern of customers would be. It is not clear to me who would own those mobile stalls, DR! or the CITY, or what would be done with those stalls when they were not being used for vending. If I remember correctly, Bill suggested that they could be used for vending after 5 :OOpm. Perhaps, the CITY has already agreed to permit the MARKET to remain open with the same hours as restaurants, or for events that would have the same closing times .. '. as the restaurants. I recall that the plan provides for tables with umbrellas for dining in the West Market Square. I do not recall who would own those amenities, nor do I recall whether they would be left in the Square at night or stored. If stored, who would be responsible for setting them up and taking them down? Finally, there is a major problem with the extensive construction along the South and West borders of West Market Square to remove the sidewalks, permanent tables, and awnings; and repaving the surface of the Square. The Roanoke Valley has a very restrictive growing season, starting around April and running through October. In November and December. the MARKET is basically used for holidays - greenery, wreaths, and trees. If the construction were to be commenced at any time except January through March, it would have a highly detrimental effect on the livelihood of the vendors for an extended period oftime. I heard nothing in our meeting to suggest that DR! has taken the growing season into account in its plan. ~ '. .,. Roanoke City Market Federal funding Request Thank you for giving Downtown Roanoke, Inc. the opportunity to be considered as a recipient of funds to improve our vital economic asset, the Historic Roanoke City Market located in downtown Roanoke. Project Request Amount: $220,000 Actual Recipient Name: Historic Roanoke City Market Locality and State: Roanoke, Virginia Project Description: Infrastructure Refurbishment & Renewal Local Share: to be determined Prior Year Funding: none Economic Benefits to recipient/community: The Market is one of the oldest, continuously operating open-air public markets in the country. Since its beginning in 1884, it has continued to serve Roanoke and the region since that time. It is registered as a Historic District. The last major renovations within the Market area occurred 25 years ago. Since then the character of the Market has been maintained, but the farmers' stalls have become significantly dated and weather-worn. The City of Roanoke recently completed a comprehensive study on how to add new vitality to this important area of the City. Although the recommendations of the study been presented, they have not been formally approved by the City, and it seems apparent that it may be some time before funding is approved for most major initiatives and the plans are acted upon. ./ The City has recently completed replacement of the canvas awnings, providing shelter for the 42 permanent farmers' stall tables, which had been in place for 9 years and were ragged and needed immediate replacement. The average life of canvas awnings is 5-7 years. *, .~ There are additional infrastructure improvements needed to complete the improvements to the pedestrian experience for market shoppers, and the functional experience for farmers and craft vendors, including the following: "'Install new awnings and frames in several areas where none exist to provide covered space in East and West Market Square adjacent to Campbell Avenue. Est. cost = $40-50,000 "'Extend the awnings and attach them to the adjacent buildings to shelter the shoppers who frequent the Market in the block between Kirk Avenue and Church Avenue. Est. cost:; $50-60,000 *Provide radiant heating and fans to extend the Market's season. Provide EST wiring to support and broaden the customer base of the Market. Est. cost = $20-30,000 *Install new surface treatment to pavement of East and West Market Square to distinguish those areas as pedestrian and outdoor dining locations during evening and large scale daytime Market events and to create a more appealing surface for pedestrians at those times. Est. cost = $70-80,000. Downtown Roanoke, Inc. is requesting that $220,000 be appropriated to assist in the upgrading of the Farmers Market. This win allow the Market to serve the public in the most optimal, productive way with fresh fruits, vegetables, meats, and other regional produce. Similar requests have not been made to Senators Allen or Webb. Thank you for your consideration, Bob Fetzer Chairman of the Board Downtown Roanoke, Inc. cc: Tom McKeon, Chairman Elect of the Board, DRI Brian Townsend, Director of Building, Planning. and Economic Development, City of Roanoke Darlene Burcham, City Manager, City of Roanoke CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov July 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 Sale of City-Owned Property Background: Ms. Jacqueline c. Williams, property owner of 57 Gilmer Avenue, NE, Tax Map number 3012824, has expressed a desire to purchase Tax Map number 3012825 which is adjacent to her property. The offer is $1,700. The current assessed value of the property is $3,500. Disposition of this vacant property at the offered value to the abutting property owner will relieve the City of ongoing and future costs of maintenance and upkeep, and return the property to the real estate tax roles. This 25ft. wide parcel is of little current or future value as to a viable public use. A public hearing is required prior to City Council authorizing the sale of this City-owned property. Recommended Action: Authorize the scheduling of a public hearing to consider the sale of the aforementioned property on July 20, 2009. Respectfully submitted, Darlene L. B rcham City Manager Honorable Mayor and Members of City Council July 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 Susan S. Lower, DifEktor of Real Estate Valuation Cassandra L. Turner, Economic Development Specialist CM09-00107 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov July 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 Tavern on the Market Lease Renewal Background: C. Roger Lamm, III, owner and operator of Tavern On The Market restaurant, has requested a renewal of his lease for approximately 1394.42 square feet of space located in the City Market Building at 32 Market Square, Roanoke, Virginia. The current lease expires July 31, 2009. The lease term proposed is month to month not to exceed twelve (12) months. The proposed monthly rate is $2892.65 with an additional $824.00 per month Common Area Maintenance (CAM) fee. A public hearing is required to consider this lease term and rate. Recommended Action: Authorize the scheduling and advertising of this matter for a public hearing on July 20, 2009, at 7:00 pm. Respectfully submitted, Darlene L. Bur City Manager Honorable Mayor and Members of City Council July 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 Joshua Mabrey, Accountant/Accounts Receivable CM09-00 11 0 ) CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov July 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: Tax Exemption Request - Northwest Child Development Center Dear Mayor Bowers and Members of City Council: Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing to consider a request from the Northwest Child Development Center, a Virginia non-stock, not for profit foundation for tax exemption of certain real property in the City. This is to request that a public hearing be advertised on the above matter for Council's regular meeting to be held on Monday, July 20, 2009 at 7:00 p.m. A full report will be included in the July 20, 2009 agenda material for your consideration. Respectfully submitted, Darlene L. Bu cham City Manager DLB/rbl 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 CM09-00 11 4 .. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov City Clerk CECELIA R. TYREE Assistant DeputyCity Clerk July 7, 2009 Mr. Richard A. Rife 1416 Sherwood Road, S. w. Roanoke, Virginia 2401 5 Dear Mr. Rife: Your communication advising of your resignation as a member of the City Planning Commission was before the Council of the City of Roanoke at a regular meeting held on Monday, July 6, 2009. The Mayor and Members of City Council requested that I express sincere appreciation for your service to the City of Roanoke as a member of the City Planning Commission from April 7, 1997 to July 6, 2009. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. Sincerely, ~ h-). fY)i1IrV Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure pc: Martha P. Franklin, Secretary, City Planning Commission z o ~ ~ :$ u .~ ~ ~ ~ o ~ ~ < u ~ ~ ~ ~ ~ ~ u o ~ Q ~ ffi 1/1 ~ ~ ~ ~ ~ < ~ ~ u ~ 5 ~t;j ~~~ ~ ~ 0'\ .0'\ ~_o o 0 ~O p:: t-C'l ~~ I ~ ~~ ~ ~~ ::E ::Eo <~~~ Cl)p..~ <~ ~ u I ~ ~ ~ < 0'\ ~ ~ ~~ >0 ~~ Cl)o ~p:: ~~ ~~ C)~ ~u ~~ ~o CI)~ 8~ ~~ ~ga ~ @ o u ga ~ ~ ~ z o ~ CIl >Ll ~ -< o >Ll > ~ ~ ~ 1326 Grandin Road Roanoke, VA 24015 Rife + Wood ARCHITECTS June 18, 2009 The Honorable David A. Bowers, Mayor, and Members of Roanoke City Council 215 Church Avenue, SW Room 452 Roanoke, VA 24011-1594 Dear Mayor Bowers and Members of Council, After much consideration, I am writing to submit my resignation from the Roanoke City Planning Commission, effective immediately. I have greatly enjoyed my twelve years of service as a Planning Commissioner and my prior thirteen years as a member of the Board of Zoning Appeals. I look forward to future opportunities to serve to the City of Roanoke. sftZ1d. ~ Richard A. Rife, AlA Pc: Ms. Martha Franklin Mr. Kent Chrisman tel: (540) 344-6015 fax: (540) 344-5982 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC E-mail: c\erk@roanokeva.gov City Clerk CECELIAT. WEBB Assistant Deputy City Clerk July 7, 2009 Wayne G. Strickland, Executive Director Roanoke Valley-Alleghany Regional Commission P. O. Box 2569 Roanoke, Virginia 24010 Dear Mr. Strickland: This is to advise you that Robert H. Logan, III, has qualified as a non-elected City representative of the Roanoke Valley-Allegheny Regional Commission for three- year term ending June 30, 2012. Sincerely, ~m. rry~ Stephanie M. Moon, CMC City Clerk SM M :ew Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Robert H. Logan, 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 non-elected City representative of the Roanoke Valley-Alleghany Regional Commission for three- year term ending June 30, 2012, according to the best of my ability (So help me God). ~ Subscribed and sworn to before me this /7 day of ') ~ 2009. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY~~ K:\oath and leaving serviceIRoanoke Valley-Alleghany Regional Commission\2009IRobert H Logan III oath June 30 20l2.doc STEPHANIE M. MOON, CMC City Clerk Susan Jennings Public Arts Coordinator Roanoke, Virginia 24015 Dear Ms. Jennings: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: cierk@roanokeva.gov CECELIA T. WEBB Assistant Deputy City Clerk July 7, 2009 This is to advise you that Lucy H. Lee has qualified as a member of the Roanoke Arts Commission for a three-year term ending June 30, 2012. SMM:ew Sincerely, ~ /'n. hJ;fh0 Stephanie M. Moon, CMC City Clerk pc: Melissa Murray, Recording Secretary, Roanoke Arts Commission Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Lucy H. Lee, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission for a term of three years ending June 30, 2012, according to the best of my ability (So help me God). ~ ~ 7 Subscribed and sworn to before me this e of BY AMIL TON, CLERK OF THE IRCUIT COURT , CLERK K:loath and leaving service\Arts CommissionlLucy H. Lee oath June 30 2012.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov CECELlA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 7,2009 Nicole Ashby, Secretary Mill Mountain Advisory Committee Roanoke, Virginia Dear Ms. Ashby: This is to advise you that Carl H. Kopitzke for a three-year term ending June 30,2012, and Michael A Loveman for a two year term ending June 30, 2011, as members of the Mill Mountain Advisory Committee. Sincerely, ~ rn. h']o~ Stephanie M. Moon, CMC City Clerk SMM:ew ...-" Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Carl H. Kopitzke, 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 Mill Mountain Advisory Committee for a te(m of three years ending June 30, 2012, according to the best of my ability (So help me God). 11~d Subscribed and sworn to before me this~.day of BRENDA S. HAMILTON, CLERK OF. THE CIRCUIT COURT BY ~6 ~ ,CLERK OC Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Michael A. Loveman, 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 Mill Mountain Advisory Committee for a term of two years ending June 30, 2011, according to the best of my ability (So help me God). Subscribed and sworn to before me thi~Y Orr.-2009. BRENDA S. HAMILT~ OF THE CIRCUIT COURT BY~~ M/ / ,~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 CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 7, 2009 Stanley G. Breakell, Chair Roanoke Public Library Board 3256 Allendale Street, S. W. Roanoke, Virginia 24014 Dear Mr. Breakell: This is to advise you that Wilburn C. Dibling,Jr., has qualified as a member of the Roanoke Public Library Board, for a term of three years ending June 30, 2012. Sincerely, ~rn.YYJ~ Stephanie M. Moon, CMC City Clerk SM M :ew pc: Sheila S. Umberger, Secretary, Roanoke Public Library Board K:\oath and leaving service\roa public libraryboard\Wilbum C Dibling Jrquali 063012.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Wilburn C. Dibling, Jr., do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Public Library Board for a term of three years ending June 30, 2012, according to the best of my ability (So help me God). Subscribed and sworn to before me thi;<3 ~ay of"TLIN'e.2009. BREN~IL TON, CLERK OF THE CIRCUIT COURT BY , ~ Q,p tI, 2lERK K:\oath and leaving service\roa public library board\Wilburn C Dibling Jr June 30, 2012 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 STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 7, 2009 Jeff Campbell, Chair Roanoke Neighborhood Advocates 424 Highland Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Campbell: This is to advise you that Bobby R. Caudle has qualified as a member of the Roanoke Neighborhood Advocates for a three-year term ending June 30,2012. Sincerely, A~ yY), flJO\h\) Stephanie M. Moon, CMC City Clerk SM M :ew pc: Robert A. Clement, Jr., Neighborhood Services Coordinator, Roanoke Neighborhood Partnership Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Bobby R. Caudle, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Neighborhood Advocates for a term of three years ending June 30, 2012, according to the best of my ability (So help me God). ~~ ~~ ~~~ Subscribed and sworn to before me thi~ay of~ 2009. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT -P.ef'~ , CLERK BY K:\oath and leaving serviceIRoanoke Neighborhood Advocates\Bob R. Caudle oath June 30 2012.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 0 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 7, 2009 Kathryn Van Patten, Director Court and Community Corrections 1627 East Main Street Salem, Virginia 24153 Dear Ms. Van Patten: This is to advise you that the Clifford R. Weckstein has qualified as a City representative to the Court Community Corrections Program, Regional. Community Criminal Justice Board, for a term of three years ending June 30, 2012. Sincerely, ~n,.h,lM0 Stephanie M. Moon, CMC City Clerk SM M : ew Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Clifford R. Weckstein, 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 of the Court Community Corrections Program, Regional Community Criminal Justice Board, for a term of three years ending June 30, 2012, according to the best of my ability (So help me God). ~L.4/~ Subscribed and sworn to before me this ~~y of k~ 2009. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY~~ ~, CLERK K:loath and leaving servicelCourt Community Corrections Program Regional Community Crimianl Justice BoardlClifford R. Weckstein oath09.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 CECELIA R. TYREE Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 7, 2009 Keli M. Greer, Secretary Personnel and Employment Practices Commission Roanoke, Virginia Dear Ms. Greer: This is to advise you that Edward C. Bradley has qualified as a member of the Personnel and Employment Practices Commission for a three-year term ending June 30, 2012. Sincerely, ~~f1I'hJOUW Stephanie M. Moon, CMC City Clerk SMM:ew K:loath and leaving servicelpersolll1el and employment practices commissionlEdward C Bradley quali June 30 2012.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Edward C. Bradley, 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 Personnel and Employment Practices Commission for a term of three years ending June 30, 2012, according to the best of my ability (So help me God). ~d~ Subscribed and sworn to before me this ?b~o~ 2009. BRENDA S. BY K:\oath and leaving service\personnel and employment practices commission\Edward C Bradley oath June 30 20l2.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 CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 7, 2009 Jean M. Thurman, Secretary Board of Di rectors Western Virginia Water Authority Roanoke, Virginia This is to advise you that John P. Bradshaw, Jr., has qualified as a City representative to the Board of Directors, Western Virginia Water Authority, to fill the unexpired term of M. Rupert Cutler for a term ending June 30, 2010. Sincerely, k~ rh. Y"Y) ()II'N Stephanie M. Moon, CMC City Clerk SMM:ew pc: Brenda Holton, Acting Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 K:loalh and leaving ser.icelWestem Virginia Water AuthorilylJohn P Bradshaw Jr quali 063010.doc Oath or Affirmation of Office " Commonwealth of Virginia, City of Roanoke, to-wit: \ 'I I, John P. Bradshaw, Jr., do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative to the Board of Directors, Western Virginia Water Authority, to fill the unexpired term of M. Rupert Cutler for a term ending June 30, 2010, according to the best of my ability (So help me God). Subscribed and sworn to before me thi~'-/f1day of ~009. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY~~RK ,'I ' M1scellaneous: City Council 7/8/09 Entertaining ideas and audiences :- r---..;,........, BOARD OF DIREcrORS July 7, 2009 Edwin C. Hall Chair MayorDavidA. Bowers Vice Mayor Sherman P. Lea The Honorable M. Rupert Cutler The Honorable Gwendolyn W. Mason The Honorable Anita J. Price The Honorable Court G. Rosen The Honorable David B. Trinkle City of Roanoke 215 Church Avenue, Room 456 Roanoke, VA 24011-1594 Susan P. Frantz Vice Chair Thom.as R. Bagby Secretary David Farnum Treasu;er . Burman S. Clark Sarah Copenhaver Warren D. Fiihr Claudia E. de Franko Dear Members of City Council, Linda K. Gilbert Thank you for your interest and time at yesterday's Roanoke City Council meeting. Jefferson Center Foundatioriasked for 10 minutes on your agenda. Obviously, we took much more time due to some electronic and mechanical glitches. I regret the delays and am grateful for your patience. Gary Gilmore Samuel A. Golston John G. Heitz Prabhat Jain Tom McDonald Philip Be Nelson Cyrus E. Pace Susan K. Perry Brownie E. Polly, ill Carissa E. South The Music Lab at Jefferson Center is but the latest of a remarkable series of cultural and educational programs that has both broadened the impact of our programs and returned the historic building to some of its original purposes. Please feel invited to see first hand these programs at work. Contact me at 343~ 2624, ext. 212 or ilevin@ieffcenter.org whenever a visit is convenient for YOl!o Thank you for your support of Jefferson Center. David I. Tenzer Sincerely, ~~ il Rayburn A. Thompson Ann Bondurant Trinkle John Levin Senior Director of Development Kenneth R. White . . Kathryn V. Claytor . Chief Operating Officer 541 Luck Avenue SW. Suite 221 . Roanoke, Virginia 24016 P: 540.343.2624 . F: 540.343.3744 . Box Office: 540.345.2550 · www.jeffcenter.org Jefferson Center Foundation is a 501 (c)3 nonprofit corporation CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC yroanokeva.gov City Clerk CECELlA T. WEBB Assistant Deputy City Clerk July 7, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38504-070609 appropriating funds from the Commonwealth of Virginia for the Urban and Community Forestry Grants, amending and reordaining certain sections of the 2009- 2010 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 6, 2009, and is in full force and effect upon its passage. Sincerely, ~ h-). 'YY)Ofrn., 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. (X IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of July, 2009. No. 38504~070609. AN ORDINANCE' to appropriate funding from the Commonwealth of Virginia for the Urban and Community Forestry Grants, amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries FICA Regular Employee Salaries FICA Regular Employee Salaries City Retirement FICA Medical Insurance . Dental Insurance Life Insurance Regular Employee Salaries City Retirement FICA Medical Insurance Dental Insurance Life Insurance Revenues Urban & Community Forestry Grant FY08 Urban & Community Forestry Grant FY09 Urban & Community Forestry Grant FY10 #1 Urban & Community Forestry Grant FY10 #2 35-620-4352-1002 35-620-4352-1120 35-620-4354-1002 35-620-4354-1120 35-620-4356-1002 35-620-4356-1105 35-620-4356-1120 35-620-4356-1125 35-620-4356-1126 35-620-4356-1130 35-620-4357 -1002 35-620-4357-1105 35-620-4357 -1120 35-620-4357-1125 35-620-4357-1126 35-620-4357-1130 35-620-4352-4352 35-620-4354-4354 35-620-4356-4356 .35-620-4357 -4357 $ 1 ,393 107 3,049 233 8,986 1,386 688 1,290 76 74 8,986 1,386 688 1,290 76 74 1,500 3,282 12,500 12,500 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~. tn. m()VYV 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 STEPHANIE M. MOON, CMC . yroanokeva.gov City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 7, 2009 Darlene l. Burcham City Manager Roanoke, Virginia Dear Ms~ Burcham: I am attaching copy of Resolution No. 38503-070609 authorizing acceptance of two FY 2010 Urban and Community Forest Grants to fund a part-time Urban Forestry Planner to work with the City's Urban Forester on Community Outreach in Urban Forestry and with the City's Urban Forester and Parks and Greenways Planner on Garden City Greenway Feasibility Study; and authorizing execution of the necessary documents, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 6, 2009. Sincerely, ^~'m. hjOIMJ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Steven C. Buschor, Director, Parks and Recreation ~~~~ ;:\. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of July, 2009. No. 38503-070609. A RESOLUTION authorizing the acceptance of two FY 2010 Urban and Community Forest Grants to fund a part-time Urban Forestry Planner to work with the City's Urban Forester on Community Outreach in Urban Forestry and with the City's Urban Forester and Parks and Greenways Planner on Garden City Greenway Feasibility Study; and authorizing the execution of the necessary documents, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanqke hereby accepts the FY 2010 Urban and Community Forest Grants, in the total amount of $25,000.00, to fund a part-time Urban Forestry Planner to work with the City's Urban Forester on Community Outreach in Urban Forestry and with the City's Urban Forester and Parks and Greenways Planner on Garden City Greenway Feasibility Study; and as more particularly set forth in the letter dated July 6,2009, from the City Manager to this Council. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, agreements with the Virginia Department of Forestry, and any other forms necessary to accept such grants, such documents to be approved as to form by the City Attorney, and to furnish such additional information as may be required in.connection with the City's acceptance of these grants. ATTEST: A~rn. ~~ City Clerk. R-Urban and Community Forestry Grants 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 July 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: Urban and Community Forestry Grants Background: On June 4, 2009, the City was notified by the Virginia Department of Forestry that a $12,500 grant will be awarded to the City upon execution of a Memorandum of Agreement (Attachment 1). The grant will be used to fund a part-time Urban Forestry Planner 10 hours a week to work with the City's Urban Forester on Community Outreach in Urban Forestry. The planner would work with Roanoke's Tree Stewards on urban forestry educational programs for students and adults. The $12,500 Urban and Community Forestry Grant is a federal grant sponsored by the National Forest Service and administered by the Virginia Department of Forestry. Funds are awarded on a reimbursement basis after verification of the local match. The Urban Forester will provide 31 5 hours of staff time ($10,000) as part of the City match. The Roanoke Tree Stewards will put in 175 hours of volunteer time worth $3,500 as the rest of the City match. Roanoke is one of several communities in Virginia that have Tree Steward Programs, which are coordinated by the Virginia Urban Forestry Council. The 17 Roanoke Tree Stewards were trained by the urban forestry staff from January to April 2009. Aside from the educational efforts to be done under this grant, the Tree Stewards have been pruning young trees in City parks. This will help staff improve tree assets and implement the Urban Forestry Plan, an element of Vision 2001-2020. Honorable Mayor and Members of City Council July 6, 2009 Pag e 2 In a separate award on June 4, 2009, the City was notified by the Virginia Department of Forestry that a $12,500 grant will be awarded to the City upon execution of a Memorandum of Agreement (Attachment 2). The grant will be used to fund a part-time Urban Forestry Planner 10 hours a week to work with the City's Urban Forester and Parks & Greenways Planner on the Garden City Greenway Feasibility Study. The Urban Forester and the Parks & Greenways Planner will provide 400 hours of staff time ($13,000) as part of the City match. The Garden City Greenway would run parallel to Garnard Branch and connect to the Roanoke River Greenway. The need for this greenway was identified in the 2007 Update to the Roanoke Valley Conceptual Greenway Plan, an element of Vision 2001-2020. The need for trees in the riparian buffer will be included in the study. On February "1 7, 2009, the Virginia Department of Forestry increased the FY09 Urban and Community Forestry Grant by $3,282. This raised the total amount for that grant from $10,000 to $13,282. That grant has allowed the part-time Urban Forestry Planner to establish the Roanoke Tree Steward Program. On March 31, 2008, the Virginia Department of Forestry increased. the FY08 Urban and Community Forestry Grant by $1,500. This raised the total amount for that grant from $1 3,500 to$l 5,000. That grant has allowed the part-time Urban Forestry Planner to complete the Storm Damage Assessment Protocol. '- Recommended Action: Accept the FY10 Urban and. Community Forestry Grants in the amount of $25,000 and authorize the City Manager and City Clerk to execute and attest respectively, agreements with the Virginia Department of Forestry and any other forms necessary to accept such grants, approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in' the amount of $25,000 and appropriate funding totaling $25,000 to expenditure accounts to be est~blished by the Director of Finance in the Grant Fund as follows: Grant: Community Outreach in Urban Forestry Account Account # Regular Employee Salary 35-620-4356-1002 FICA 35-620-4356-1120 Hospitalization Insurance 35-620-4356-1125 Dental Insurance 35-620-4356-1126 City Retirement 35-620-4356-1105 Life Insurance 35-620-4356-1130 TOTAL Amount $ 8,986 688 1,290 76 1,386 74 $ 12,500 Honorable Mayor and Members of City Council July 6, 2009 Page 3 \ Grant: Garden City Greenway Feasibility Study Account Account # Regular Employee Salary 35-620-4357-1002 FICA 35-620-4357-1120 Hospitalization Insurance 35-620-4357-1125 Dental Insurance 35-620-4357-1126 City Retirement 35-620-4357-1105 Life Insurance 35-620-4357-1130 TOTAL Amount $ 8,986 688 1,290 76 1,386 74 $ 12,500 Accept the $3,282 increase in the FY09 Grant, increase the revenue estimate by that amount and appropriate additional funding of $3,282 to the following Grant Fund expenditure accounts: Grant: Roanoke Tree Stewards Account Account # Regular Employee Salary 35-620-4354-1002 FICA 35-620-4354-1120 TOTAL Amount $ 3,049 233 $ 3,282 Also accept a $1,500 increase in the FY08 Grant, increase the revenue estimate by that amount and appropriate additional funding of $1,500 to the following Grant Fund expenditure a~counts: Grant: Storm Damage Assessment Account Account # Regular Employee Salary 35-620-4352-1002 FICA 35-620-4352-1120 TOTAL Amount $ 1,393 107 $ 1,500 Respectfully submitted, Darlene L. Bu City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance \ R. Brian Townsend, Assistant City Manager for Community Development Steven C. Buschor, Director of Parks and Recreation CM09-00111 U&CF ASSISTANCE GRANT PROGRAM MEMORANDUM OF AGREEMENT GRANT # 09UCF15 This agreement made this day of , 2009 by and between the Virginia Department of Forestry, herein referred to as "Party of the First Part", and City of Roanoke, Virginia herein referred to as "Party of the Second Part". . The parties of this agreement, in consideration of the mutual covenants and stipulations set out herein in order to promote, support and participate in the U&CFAssistance Grant Program, sponsored by the U. S. Forest Service (Catalog of Federal Domestic Assistance (CFDA) Number 10-664) agree as follows: (1) SCOPE OF SERVICES: The Party of the Second Part shall provide the service to the Party of the First Part set forth in its Urban & Community Forestry Assistance proposal. (2) TIME OF PERFORMANCE: The service of the Party of the Second Part shall commence on June 10,2009 and shall terminate on June 15,2010. All time limits stated are of the essence of this agreement. (3) COMPENSATION: The Party of the Second Part shall be paid by the Party of the First Part as set forth in ATTACHMENT A. . Funds will be transferred to the Party of the Second Part upon receipt of quarterly billings. The Party of the Second Part shall spend the funds according to the specified categories of the contract budget. Minor shifts of the funds among categories not to exceed 10 percent may be permitted by the Party of the First Part, but in no case can the total expenditures exceed the amount provided by this contract. Shifts of funds among budget categories exceeding 10 percent must be approved in writing by the Party of The First Part. (4) ASSISTANCE: The Party of the First Part agrees upon request of the Party of the Second Part to furnish, or otherwise make available to the Party of the Second Part, copies of existing non-proprietary materials in the possession of the Party of the First Part that (;lre reasonably related to the subject matter of this agreement and are necessary to the Party of the Second Part for completion of his performance under this agreement. (5) GENERAL PROVISIONS: Nothing in this agreement shall be construed as authority for either party to make commitments which will bind the other party beyond the Scope of Service contained herein. Furthermore, the Party of the Second Part shall not assign, sublet or subcontract any work related to this agreement or any interest it may have herein without the prior written consent of the Party of the First Part. This contract is subject to appropriations by the Virginia General Assembly. Page 1 (6) INTEGRATION AND MODIFICATION: This contract constitutes the entire agreement between the Party of the Second Part and the Party of the First Part. No alteration, amendment or modification in the provisions of this agreement shall be effective unless it is reduced to writing, signed by the parties and attached hereto. (7) TERMINATION: The Party of the First Part may terminate this agreement for its convenience upon 60 days written notice to the other party. The Party of the Second Part shall be paid for no service rendered or expense incurred after receipt of such notice except such fees and expenses incurred prior to the effective date of termination that are necessary for curtailment of its/his work under this agreement. In the event of breach by the Party of the Second Part of this agreement, the Party of the First Part shall have the right immediately to rescind, revoke or terminate the agreement. In the alternative the Party ofthe First Part may give written notice to the Party of the Second Part specifying the manner in which the Agreement has been breached. If a notice of breach is given and the Party of the Second Part has not substantially corrected the breach within the sixty (60) days of receipt of the written notice, the Party of the First Part shall have the right to terminate this Agreement. In the event of rescission, revocation or termination, all documents and other materials related to the performance of this Agreement shall become the property of the Department of Forestry. (8) COLLATERAL CONTRACTS: Where there exists any inconsistency between this Agreement and other provisions of collateral contractual agreements which are made a part of this Agreement by reference or otherwise, the provisions of this Agreement shall control. (9) ANTI-DISCRIMINATION: During the performance of this contract, the Party of the Second Part agrees as follows; The Party of the Second Part will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonable necessary to the normal operation of the Party of the Second Part. The Party of the Second Part agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. The Party of the Second Part, in all solicitations or advertisement for employees placed by or on behalf of the Party of the Second Part, will state that such Party of the Second Part is an equal opportunity employer. Notices, advertisements and solicitations in accordance with federal law, rules or regulations shall be deemed sufficient for the 'purpose of meeting the requirements of the Section. The Party of the Second Part will include the above provisions in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. Page 2 10) APPLICATIONS: This agreement shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise, by the laws of the Commonwealth of Virginia. (11 ) SEVERABILITY: Each paragraph and provision of the Agreement is severable from the entire Agreement; and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect. (12) CONTINGENT FEE WARRANTY: The Party of the Second Part warrants that he/it has not employed or retained any person or persons for the purpose of soliciting or securing this Agreement. The Party of the Second Part further warrants that he/it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon the award or making of this Agreement. For breach of one or both of the foregoing warranties, the Agency shall have the right to terminate this agreement without liability, or, in its discretion or otherwise recover, the full amount of said prohibition fee, commission, percentage, brokerage fee, gift or contingent fee. (13) CONFLICT OF INTEREST: The Party of the Second Part warrants that he has fully complied with the Virginia Conflict of Interest Act. (14) FINANCIAL RECORDS AVAILABILITY: The Party of the Second Part agrees to retain all books, records and other documents relative to this Agreement for five (5) years after fmal payment, or until audited by the Commonwealth of Virginia, whichever is later. The Party of the First Part, its authorized agents and/or State auditors shall have full access to and the right to examine any of said materials during said period. Source documentation such as canceled checks (include copies of both front and back), paid bills, payrolls, time and attendance record (itemizing time spent on U&CF Assistance grant project), contracts, etc. will be submitted with the "Request for Funds." Invoices will be marked "PAID" and referenced as to how payment was made (i.e. check number). The Party of the Second Part agrees to comply with the following Federal cost and administrative regulations as applicable: Non-Profit On?:anizations Cost Principles, OMB CIR A-122 Admin. Regulations, OMB CIR A-II 0 Audits, OMB CIR-A 133 State and Local Governments Universities Cost Principles, OMB CIR A-87 Cost Principles, OMB CIR A-21 Admin, Regulations, OMB CIR A-I 02 (rev.) Admin. Regulations, OMB CIR A-II 0 Audits, OMB CIR A-133 Audits, OMB CIR A-133 Page 3 (15) QUARTERLY REPORTS: The Party of the Second Part agrees to provide the Party of the First Part performance reports on all activities identified in the proposals as they occur. The performance reports will contain a summary of progress and activities for each activity within the proposal; indicate any problems and solutions in meeting requirements, and provide fmancial funds expenditure information for reimbursement as appropriate. The quarterly report form has information relating to writing to your federal congress person about the benefits of the U&CF program to your community / organization. The schedule for submittal of the periodic performance reports shall be as follows: PERIOD COVERED June 1, 2009 - August 30, 2009 September 1, 2009 - December 31, 2009 January 1, 2010 - March 31,2010 April 1, 2010 - June 15, 2010 SUBMITTAL DATE September 15, 2009 January 15, 2010 Apri115,2010 June 15, 2010 In witness whereof the parties have caused this agreement to be executed by the following duly authorized officials: PARTY OF THE SECOND PART PARTY OF THE FIRST PART This contract has been reviewed by the staff of the Party of the First Part. Its substantive terms are appropriate, and sufficient funds have been obligated for its performance. BY: BY: TITLE: City Manager TITLE: Urban and Community Forestry Partnership Coordinator AGENCY: City of Roanoke, Virginia AGENCY: Virginia Department of Forestry DATE: DATE: Page 4 ATTACHMENT A PAYMENT PROCESS The funds awarded under the grant are available on a reimbursementbasis after verification of match and in accordance with a payment schedule agreed to in advance. Grantees must file a request for payment and send records of expenditures along with documented costs to the Virginia Department of Forestry. The UCF Program Administrator will evaluate the progress ofthe project to determine eligibility for full funding. Grantees may request reimbursement as frequently as needed (within reason); or at least quarterly if there are qualifying expenditures. FEDERAL AND STATE REGULATIONS Grantees must comply with all Federal regulations pertaining to Federal grants. Grantees are referred to OMB Circulars A-I 02 and A-II 0 which are the uniform administration requirements. Grantees are also referred to Section 3015,3016, and 3017 of the Code of Federal Regulations and to cost principles outlined in OMB Circulars A-21, A-87, and A-122. Copies of these documents maybe obtained from the Virginia Department of Forestry UCF Program Administrator upon request. Grantees must certifY that they are not debarred from this grant program. Grantees should not conduct business with individuals or organizations debarred from Federal grant projects. Applicants must document project approval by the authorized representative ofthe local governing body, organization or institution applying for the grant. State and local government agencies must adhere to guidelines ofthe "Agency Procurement Manual" (January 1990) as required in Section 2.1-442 of the Code of Virginia. RECORD KEEPING REQUIREMENTS Records will be maintained according to all Federal regulations. The financial management system of the grantees shall meet the following standards: . Records shall comply with generally accepted accounting principles. . Records will document allowable costs. . Records will be supported by source documentation, such as canceled checks, paid bills, payrolls, time and attendance records, contracts, etc. Invoices must be marked paid and be referenced as to how payment was made (i.e., check number). Records will be maintained for three years following final payment Page 5 U&CF ASSISTANCE GRANT PROGRAM MEMORANDUM OF AGREEMENT GRANT # 09UCF16 This agreement made this day of , 2009 by and between the Virginia Department of Forestry, herein referred to as "Party of the First Part", and City of Roanoke, Virginia herein referred to as "Party of the Second Part". The parties of this agreement, in consideration of the mutual covenants and stipulations set out herein in order to promote, support and participate in the U&CF Assistance Grant Program, sponsored by the U. S. Forest Service (Catalog of Federal Domestic Assistance (CFDA) Number 10-664) agree as follows: (1) SCOPE OF SERVICES: . The Party of the Second Part shall provide the service to the Party of the First Part set forth in its Urban & Community Forestry Assistance proposal. (2) TIME OF PERFORMANCE: The service of the Party of the Second Part shall commence on June 10,2009 and shall terminate on June15, 2010. All time limits stated are of the essence of this agreement. (3) COMPENSATION: The Party of the Second Part shall be paid by the Party of the First Part as set forth in ATTACHMENT A. Funds will be transferred to the Party of the Second Part upon receipt of quarterly billings. The Party of the Second Part shall spend the funds according to the specified categories of the contract budget. Minor shifts of the funds among categories not to exceed 10 percent may be permitted by the Party of the First Part, but in no case can the total expenditures exceed the amount provided by this contract. Shifts of funds among budget categories exceeding 10 percent must be approved in writing by the Party of The First Part. (4) ASSISTANCE: The Party of the First Part agrees upon request of the Party of the Second Part to furnish, or otherwise make available to the Party of the Second Part, copies of existing non-proprietary materials in the possession of the Party of the First Part that are reasonably related to the subject matter of this agreement and are necessary to the Party of the Second Part for completion of his performance under this agreement. (5) GENERAL PROVISIONS: Nothing in this agreement shall be construed as authority for either party to make commitments which will bind the other party beyond the Scope of Service contained herein. Furthermore, the Party of the Second Part shall not assign, sublet or subcontract any work related to this agreement or any interest it may have herein without the prior written consent of the Party of the First Part. This contract is subject to appropriations by the Virginia General Assembly. Page 1 (6) INTEGRATION AND MODIFICATION: This contract constitutes the entire agreement between the Party of the Second Part and the Party of the First Part. No alteration, amendment or modification in the provisions of this agreement shall be effective unless it is reduced to writing, signed by the parties and attached hereto. (7) TERMINATION: The Party of the First Part may terminate this agreement for its convenience upon 60 days written notice to the other party. The Party of the Second Part shall be paid for no service rendered or expense incurred after receipt of such notice except such fees and expenses incurred prior to the effective date of termination that are necessary for curtailment of its/his work under this agreement. In the event of breach by the Party of the Second Part of this agreement, the Party of the First Part shall have the right immediately to rescind, revoke or terminate the agreement. In the alternative the Party of the First Part may give written notice to the Party of the Second Part specifying the manner in which the Agreement has been breached. If a notice of breach is given and the Party of the Second Part has not substantially corrected the breach within the sixty (60) days of receipt of the written notice, the Party of the First Part shall have the right to terminate this Agreement. In the event of rescission, revocation or termination, all documents and other materials related to the performance of this Agreement shall become the property of the Department of Forestry. (8) COLLATERAL CONTRACTS: . Where there exists any inconsistency between this Agreement and other provisions of collateral cont~actual agreements which are made a part of this Agreement by reference or otherwise, the provisions of this Agreement shall control. (9) ANTI-DISCRIMINATION: During the performance of this contract, the Party of the Second Part agrees as follows; The Party of the Second Part will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonable necessary to'the normal operation of the Party of the Second Part. The Party of the Second Part agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. The Party of the Second Part, in all solicitations or advertisement for employees placed by or on behalf of the Party of the Second Part, will state that such Party of the Second Part is an equal opportunity employer. Notices, advertisements and solicitations in accordance with federal law, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of the Section. The Party of the Second Part will include the above provisions in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. Page 2 10) APPLICATIONS: This agreement shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise, by the laws of the Commonwealth of Virginia. (11 ) SEVERABILITY: Each paragraph and provision of the Agreement is severable from the entire Agreement; and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect. (12) CONTINGENT FEE WARRANTY: The Party of the Second Part warrants that he/it has not employed or retained any person or persons for the purpose of soliciting or securing this Agreement. The Party of the Second Part further warrants that he/it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon the award or making of this Agreement. For breach of one or both of the foregoing warranties, the Agency shall have the right to terminate this agreement without liability, or, in its discretion or otherwise recover, the full amount of said prohibition fee, commission, percentage, brokerage fee, gift or contingent fee. (13) CONFLICT OF INTEREST: The Party of the Second Part warrants that he has fully complied with the Virginia Conflict of Interest Act. (14) FINANCIAL RECORDS AVAILABILITY: The Party of the Second Part agrees to retain all books, records and other documents relative to this Agreement for five (5) years after [mal payment, or until audited by the Commonwealth of Virginia, whichever is later. The Party of the First Part, its authorized agents and/or State auditors shall have full access to and the right to examine any of said materials during said period. Source documentation such as canceled checks (include copies of both front and back), paid bills, payrolls, time and attendance record (itemizing time spent on U&CF Assistance grant project), contracts, etc. will be submitted with the "Request for Funds." Invoices will be marked "PAID" and referenced as to how payment was made (i.e. check number). The Party ofthe Second Part agrees to comply with the following Federal cost and administrative regulations as applicable: Non-Profit Or2anizations Cost Principles, OMB CIRA-122 Admin. Regulations, OMB CIR A-I 10 Audits, OMB CIR-A 133 . State and Local Governments Universities Cost Principles, OMB CIRA-87 Cost Principles, OMB CIRA-21 Admin, Regulations, OMB CIR A-I02 (rev.) Admin. Regulations, OMB CIRA-IIO Audits, OMB CIRA-133 Audits, OMB CIRA-133 Page 3 (15) QUARTERLY ~EPORTS: The Party of the Second Part agrees to provide the Party of the First Part performance reports on all activities identified in the proposals as they occur. The performance reports will contain a summary of progress and activities for each activity within the proposal; indicate any problems and solutions in meeting requirements, and provide financial funds expenditure information for reimbursement as appropriate. The quarterly report form has information relating to writing to your federal congress person about the benefits of the U&CF program to your community / organization. The schedule for submittal of the periodic performance reports shall be as follows: PERIOD COVERED June 1, 2009 - August 30, 2009 September 1, 2009 - December 31, 2009 January 1, 2010 - March 31,2010 April1, 2010 - June 15,2010 SUBMITTAL DATE September 15, 2009 January 15, 2010 Apri115,2010 June 15, 2010 In witness whereof the parties have caused this agreement to be executed by the following duly authorized officials: PARTY OF THE SECOND PART PARTY OF THE FIRST PART This contract has been reviewed by the staff of the Party of the First Part. Its substantive terms are appropriate, and sufficient funds have been obligated for its performance. BY: BY: TITLE: City Manager TITLE: Urban and Community Forestry Partnership Coordinator AGENCY: City of Roanoke, Virginia AGENCY: Virginia Department of Forestry DATE: DATE: Page 4 ATTACHMENT A PAYMENT PROCESS The funds awarded under the grant are available on a reimbursement basis after verification of match and in accordance with a payment schedule agreed to in advance. Grantees must file a request for payment and send records of expenditures along with documented costs to the Virginia Department of Forestry. The UCF Program Administrator will evaluate the progress of the project to determine eligibility for full funding. Grantees may request reimbursement as frequently as needed (within reason); or at least quarterly if there are qualifying expenditures. FEDERAL AND STATE REGULATIONS Grantees must comply with all Federal regulations pertaining to Federal grants. Grantees are referred to OMB Circulars A-I 02 and A-'ll 0 which are the uniform administration requirements. Grantees are also referred to Section 3015,3016, and 3017 ofthe Code of Federal Regulations and to cost principles outlined in OMB Circulars A-21, A-87, and A-122. Copies of these documents maybe obtained from the Virginia Department of Forestry UCF Program Administrator upon request. Grantees must certify that they are not debarred from this grant program. Grantees should not conduct business with individuals or organizations debarred from Federal grant projects. Applicants must document project approval by the authorized representative ofthe local governing body, organization or institution applying for the grant. State and local government agencies must adhere to guidelines of the "Agency Procureme:qt Manual" (January 1990) as required in Se~tion 2.1-442 of the Code of Virginia. RECORD KEEPING REQUIREMENTS Records will be maintained according to all Federal regulations. The financial management system of the grantees shall meet the following standards: . Records shall comply with generally accepted accounting principles. . Records will document allowable costs. . Records will be supported by source documentation, such as canceled checks, paid bills, payrolls, time and attendance records, contracts, etc. Invoices must be marked paid and be referenced as to how payment was made (i.e., check number). Records will be maintained for three years following final payment Page 5 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC :!)roanokeva.gov City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 7, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38506-070609 appropriating funds from the Department of Housing and Urban Development (HUD) for the Community Development Block Grant Program, HOME Investment Partnerships Program and Emergency Shelter Grant Program, amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 6, 2009, and is in full force and effect upon its passage. Sincerely, ~h1. YY)O~ 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 Thomas N. Carr, Director, Planning, Building and Development Frank E. Baratta, Budget Team Leader ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of July, 2009. No. 38506-070609. AN ORDINANCE to appropriate funding from the Department of Housing and Urban Development (HUD) .for the Community Development Block Grant Program, HOME Investment Partnerships Program and Emergency Shelter Grant Program, amending and reordaining certain sections of the 2009-2010 Grant fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations BRHDC Connect Four (CHDO Project Funds) Hurt Park TAP Homeownership (CHDO Proj Funds) BRHDC Officer at Home (CHDO Project Funds) BRHDC Officer at Home (CHDO Operating Funds) Unprogrammed Funds 06-07 BRHDC Officer at Home (Project Funds) BRHDC Officer at Home (Admin Funds) Rehabilitation Reserve (Project Funds) Hurt Park Habitat Homeownership (Project Funds) Hurt Park TAP Homeownership (CHDO Proj Funds) Mortgage Assistance Program (Project Funds) New Gilmer Project (Project Funds) New Gilmer Project (Admin Funds) Rehabilitation Reserve (Project Funds) Mortgage Assistance Program (Project Funds) Unprogrammed Funds 08-09 Reserve CHDO Project Funds Reserve CHDO Operating Funds Rehabilitation Reserve (Project Funds) Hurt Park Habitat Homeownership (Project Funds) Hurt Park TAP Homeownership (CHDO Proj Funds) Homeownership Reserve (Project Funds) 35-090-5309-5354 35-090-5309-5548 35-090-5364-5312 35-090-5364-5313 35-090-5364-5482 35-090-5364-5510 35-090-5364-5511 35-090-5364-5527 35-090-5364-5532 , 35-090-5364-5548 35-090-5366-5399 35-090-5366-5494 35-090-5366-5495 35-090-5366-5527 35-090-5368-5399 35-090-5368-5482 35-090-5368-5524 35-090-5368-5525 35-090-5368-5527 35-090-5368-5532 35-090-5368-5548 35-090-5370-5526 $ (9,000) 9,000 (49,427) (4,018) (78,440) (19,664) (10,607) 30,271 78,440 53,445 846 (70,000) (12,560) 82,560 32,877 ( 42,506) (102,658) (10,266) (3,300) 46,223 112,924 35,000 Rehabilitation Reserve (Project Funds) Hurt Park TAP Homeownership (Project Funds) Hurt Park Habitat Homeownership (Project Funds) Hurt Park TAP Homeownership (CHDO Proj Funds) ESG - YWCA ESG - TRUST ESG - TAP Transitional Living Center ESG - Roanoke Valley Interfaith Hospitality Network Hotel Roanoke 108 Unprogrammed CDBG Carryover, Hotel Roanoke 108 Unprogrammed CDBG Carryover Unprogrammed CDBG Section 108 Loan Hotel Roanoke 108 CSA Program Services - Reg Employee Salaries CSA Program Services - Retirement CSA Program Services - FSA Match CSA Program Services - FICA CSA Program Services - Medical Insurance CSA Program Services - Dental Insurance CSA Program Services - Life Insurance CSA Program Services - Disability Insurance CSA Program Services - Fees for Professional Svcs Unprogrammed CDBG Carryover Empowering Individuals with Disabilities Demolition Mortgage Assistance Program (Project Funds) Emergency Home Repair - TAP - Project Emergency Home Repair - TAP - Delivery World Changers 2010 - Project World Changers 2010 - Delivery Homeownership Reserve Rehabilitation Assistance Reserve Hurt Park TAP Homeownership (Project) , Hurt Park Habitat Homeownership (Project) Hurt Park TAP Rehab (Project) Hurt Park "TAP Rehab (Delivery) Hurt Park TAP Rebuilding Rehab (Project) Hurt Park TAP Rebuilding Rehab (Delivery) Hurt Park RRHA (Project) . Hurt Park RRHA (Delivery) RRHA Loss Mitigation Counseling Fair Housing 35-090-5370-5527 35-090-5370-5530 35-090-5370-5532 35-090-5370-5548 35-E 10-5170-5250 35-E 10-5170-5251 35-E10-5170-5253 35-E 10-5170-5254 35-G07 -0730-5135 35-G07-0740-5184 35-G08-0830-5135 35-G08-0840-5184 35-G08-0840-5188 35-G09-0930-5135 35-G09-Q939-1002 35-G09-0939-1105 35-G09-0939-1118 35-G09-0939-1120 35-G09-0939-1125 35-G09-0939-1126 35-G09-0939-1130 35-G09-0939-1131 35-G09-0939-2010 35-G09-0940-5184 35-G 10-1020-5057 35-G 1 0-1 020-51 08 35-G 10-1020-5399 35-G 10-1020-5470 35-G1 0-1 020-5483 35-G1 0-1 020-5486 35-G 10-1020-5498 35-G 10-1020-5526 35-G 10-1020-5527 35-G 10-1020-5530 35-G 10-1020-5532 35-G 10-1020-5534 35-G 10-1020-5535 35-G1 0-1 020-5538 35-G1 0-1 020-5539 35-G 10-1020-5541 35-G 10-1020-5542 35-G 10-1020-5543 35-G1 0-1 021-5284 129,230 80,510 426,987 114,129 20,800 17,320 25,000 19,000 236,391 (236,391 ) 60,010 (48,581 ) (5,812) 32,436 57,691 8,927 35 4,392 8,042 348 352 20 193 45,220 65,000 100,000 30,000 76,000 24,000 60,000 15,000 28,221 428,325 63,218 63,500 134,626 39,529 52,000 13,000 303,500 45,000 36,000 5,000 Historic Review Services HUDAdmin Funds Historic Sites/Structures Survey Hotel Roanoke 108 Goodwill Job Campus Hurt Park Bike Patrol - Overtime Hurt Park Bike Patrol - FICA Community Based Prevention Svcs - Reg Salaries Community Based Prevention Svcs - Retirement Community Based Prevention Svcs - FICA Community Based Prevention Svcs - Medical Ins Community Based Prevention Svcs - Dental Ins Community Based Prevention Svcs - Life Ins Community Based Prevention Svcs - Disability Ins Community Based Prevention Svcs - Telephone Community Based Prevention Svcs -: Cellular Community Based Prevention Svcs - Administrative Community Based Prevention Svcs - Equip<$5,000 Community Based Prevention Svcs - Local Mileage Community Based Prevention Svcs - Mealsrrravel Community Based Prevention Svcs - Rent OSW - NDG Loudon/Melrose - NDG . Melrose/Rugby Neighborhood Forum - NDG Fairfield Civic - NDG Mt. View Community Center Improvements Southeast Action Forum - NDG Wildwood Civic League - NDG Nazarene Neighborhood Watch - NDG Roanoke Community Garden Association Apple Ridge Farms Wrap-Around Roanoke - FSRV BISSWV A Case Management TAP Project Discovery at WFHS Revenues HOME Program Income 07-08 HOME Program Income 08-09 HOME Entitlement 09-10 HOME Program Income 09-10 ESG Entitlement 09-10 Hotel Roanoke Section 108 Repayment Other Program Income -: RRHA Home Ownership 35-G1 0-1 021-5403 35-G1 0-1 021-5436 35-G 1 0-1 021-5544 35-G 1 0-1 030-5135 35-G 10-1030-5520 35-G1 0-1 035-1 003 35-G1 0-1 035-1120 35-G 1 0-1 036-1 002 35-G10-1036-1105 35-G1 0-1 036-1120 35-G1 0-1 036-1125 35-G1 0-1 036-1126 35-G1 0-1 036-1130 35-G10-1036-1131 35-G1 0-1 036-2020 35-G1 0-1 036-2021 35-G1 0-1 036-2030 35-G1 0-1 036-2035 35-G1 0-1 036-2046 35-G10-1036-2144 35-G1 0-1 036-3075 35-G 10-1037-5028 35-G1 0-1 037-5245 35-G1 0-1 037-541 0 35-G 10-1037-5440 35-G 10-1037-5452 35-G1 0-1 037-5515 35-G1 0-1 037-5516 35-G1 0-1 037-5545 35-G1 0-1 037-5546 35-G 10-1038-5084 35-G1 0-1 038-5491 35-G 10-1038-5508 35-G 10-1038-5547 35-090-5366-5367 35-090-5368-5369 35-090-5370-5370 35-090-5370-5371 35-E 1 0-5170-5170 35-G08-0800-2834 35-G09-0900-2903 35-G09-0900-2922 5,000 10,000 60,000 154,050 50,000 39,046 2,987 48,471 7,475 3,708 7,200 411 398 135 1,260 630 974 6,800 2,970 450 4,650 11,500 16,500 1,500 1,500 100,000 6,480 1,500 1,500 36,900 55,967 13,497 20,000 36,000 846 33,294 760,856 25,000 82,120 5,617 33,117 27,783 Hotel Roanoke Section 108 Repayment CDBG Entitlement Other Program Income - RRHA Lease Payment - Cooper Industries Sands Woody Loan Repayment Home Ownership Assistance Hotel Roanoke Se.ction 108 Repayment Rental Rehab Repayment 35-G09-0900-2934 35-G1 0-1 000-3001 35-G 10-1000-3003 35-G 10-1000-3006 35-G 1 0-1 000-3017 35-G 10-1000-3022 35-G 10-1000-3034 35-G 10-1000-3040 96,756 1,860,823 5,000 13,333 6,722 5,000 400,000 500 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this \ ordinance by title is hereby dispensed with. ATTEST: ?vi. ~<lYV City Clerk. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC. yroanokeva.gov City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 7, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38505-070609 accepting the Fiscal Year 2009-2010 funds for the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) and Emergency Shelter Grant Program (ESG), and authorizing the City Manager to execute the 'requisite Grant Agreements with the United States Department of Housing and Urban Development (HUD). The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 6, 2009. Sincerely, ~~ M. ~OIJYV Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget Thomas N. Carr, Director, Planning, Building and Development Frank E. Baratta, Budget Team Leader ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of July, 2009. No. 38505-070609. A RESOLUTION accepting the Fiscal Year 2009-2010 funds for the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) and Emergency Shelter Grant Program (ESG), and authorizing the City Manager to execute the requisite Grant Agreements with the United States Department of Housing and Urban Development (RUD). BE IT RESOLVED by the Council ofthe City of Roanoke as follows: 1. The Fiscal Year 2009-2010 funds for the Community Development Block Grant, HOME Investment Partnerships and Emergency Shelter Grant Programs are hereby ACCEPTED, upon receipt of an approval letter from HUD. 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite Grant Agreements with the United States Department of Housing and Urban Development (HUD) for such funds, the Funding Approval, and any and all understandings, assurances and documents relating thereto, in such form as is approved by the City Attorney, as more particularly set out in the report to this Council dated July 6, 2009. ATTEST: ~ Yrl. ~OIM.l , City Clerk. R-CDBG-2009-20 I 0 fimds.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 July 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: Acceptance and Appropriation of 2009-2010 Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) and Emergency Shelter Grant (ESG) Program Funds Background: CDBG, HOME and ESG funds received from the U. S. Department of Housing and Urban Development (HUD) provide for a variety of activities ranging from housing and community development to homelessness prevention and economic development. The City has received these entitlement grant funds for over thirty years and must reapply annually to HUD to receive such funding. On May 11, 2009, by Resolution No. 38451- 051109, City Council authorized filing the three funding applications as part of approving the submission of the 2009-2010 Annual Update to the 2005-2010 Consolidated Plan to HUD. Considerations: The funding release process is underway, and HUD's letter of approval is forthcoming, granting the City access to its 2009-2010 CDBG, HOME and ESG entitlements. The 2009-2010 Annual Update approved by City Council included activities totaling $4,079,101. The funding for these activities included $4,009,824 in new entitlement funds, anticipated program income, and funds unexpended from prior year accounts plus a General Fund appropriation of $69,277, which, along with match credit carried over from prior years, satisfies the 2009-2010 HOME entitlement local match requirement. Honorable Mayor and Members of City Council July 6, 2009 Page 2 The actions recommended in this report also include appropriation of: 1) an additional $4,953 in CDBG entitlement funds after HUD's notification on June 5, 2009, of revised fiscal year 2009/2010 allocations; and 2)an additional $45,220 of CDBG program income funds into unprogrammed accounts for use in future activities to be incorporated into the Consolidated Plan at a later date through a revision or amendment.' Acceptance of the funds and appropriation or transfer to the accounts indicated in Attachments 1, 2 and 3 are needed to permit the 2009-2010 activities to proceed. Recommended Actions: 1. Adopt a resolution accepting the 2009-2010 CDBG, HOME and ESG entitlement funds as detailed below, contingent upon receipt of the approval letter from HUD; CDBG 2009-10 Entitlement HOME 2009-10 Entitlement ESG 2009-10 Entitlement TOTAL $1,860,823 760,856 82.120 $2,703,799 2. Authorize the City Manager to execute the required Grant Agreements, Funding Approval, and other documents required by HUD in order to accept the funds, all of such documents to be approved as to form by the City Attorney; "' 3. Appropriate $2,703,799 entitlement and $455,555 in anticipated program income to revenue and expenditure accounts to be established in the Grant Fund by the Director of Finance, as detailed in Attachments 1, 2, and 3; 4.. Transfer $703,230 in CDBG and HOME accounts from prioryears to projects included in the 2009-2010 CDBG and HOME programs, as detailed in Attachments 1 and 2; 5. Increase the revenue estimate in CDBG revenue accounts by a total of $163,273 and appropriate the funds into project expenditure accounts as detailed in Attachment 1; and 6. Increase the revenue estimate in HOME revenue accounts by a total of $34,140 and appropriate the funds into project expenditure accounts as detailed in Attachment 2. . Respectfully submitted, Honorable Mayor and Members of City Council July 6, 2009 Pag e 3 DLB:mtm / 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 Sherman M. Stovall, Director of Management and Budget Thomas N. Carr, Director of Planning, Building and Development Frank E. Baratta, Budget Team Leader CM09-00 108 Attachment 1 ITEMIZED EXPENDITURES FOR COMMUNITY DEVELOPMENT BLOCK GRANT FISCAL YEAR 2009-2010 Account No. Item Description Amount EXPENDITURES Housing 35-G 1 0-1 020- 5057 Empowering Individuals with Disabilities $65,000 5108 Demol ition $100,000 5399 Mortgage Assistance Program $30,000 5470 Emergency Home Repair - TAP - Project $76,000 5483 Emergency Home Repair - TAP - Delivery $24,000 5486 World Changers 2010 - Project $60,000 5498 World Changers 2010 -Delivery $15,000 5526 Homeownership Reserve $28,221 5527 Rehabilitation Assistance Reserve $428,325 5530 TAP - HP Homeownership Project . $63,218 5532 Habitat - HP Homeownership Project $63,500 5534 TAP - HP Rehab Project $134,626 5535 TAP - HP Rehab Delivery $39,529 5538 Rebuilding - HP Rehab Project $52,000 5539 Rebuilding - HP Rehab Delivery $13,000 5541 RRHA - HP Project $303,500 5542 RRHA - HP Delivery $45,000 5543 RRHA Loss Mitigation Counseling $36,000 Subtotal - Housing $1,576,919 Planning I Admin 35-G1 0-1 021- 5284 Fair Housing $5,000 5403 Historic Review Services $5,000 5436 HUD Admin Funds . $10,000 5544 Historic Sites/Structures Survey $60,000 Subtotal - Planning/Admin $80,000 Economic Development Projects 35-G 1 0-1 030- 5135 Hotel Roanoke 108 (Total Payment $482,887) $154,050 5520 Goodwill Job Campus $50,000 Subtotal - Economic Development $204,050 Account No. Item Description Amount Hurt Park Bike Patrol 35-G 1 0-1035- 1003 Overtime $39,046 1120 FICA $2,987 Subtotal - Hurt Park Bike Patrol $42,033 ~ Community Based Prevention Services 35-G 10-1036 1002 Regular Employeee Salaries $48,471 1105 City Retirement $7,475 1120 FICA $3,708 1125 Medical Insurance $7,200 1126 Dental Insurance $411 1130 Life Insurance $398 1131 Disability Insurance $135 2020 Telephone (including Internet Access) $1,260 2021 Telephone - Cellular $630 2030 Administrative Supplies $974 2035 Equipment <$5,000 $6,800 2046 Local Mileage $2,970 2144 Business Meals and Travel $450 3075 Rent (including utilities) $4,650 Subtotal - Community Based Prevention Services $85,532 Neighborhood Projects 35-G1 0-1 037- 5028 OSW - NDG $11,500 5245 Loudon/Melrose - NDG $16,500 5410 Melrose/Rugby Neighborhood Forum - NDG $1,500 5440 Fairland Civic - NDG $1 ,500 5452 Mt. View Community Ctr. Improvements $100,000 5515 Southeast Action Forum - NDG $6,480 5516 Wildwood Civic League - NDG $1,500 5545 Nazarene Neighborhood Watch - NDG $1 ,500 5546 Roanoke Community Garden Association $36,900 Subtotal - Neighborhood $177,380 Account No. Item Description Amount Human Development Programs 35-G 10-1038- 5084 Apple Ridge Farms $55,967 5491 Wrap-Around Roanoke - FSRV $13,497 5508 BISSWV A-Case Management $20,000 5547 TAP - Project Discovery at WFHS $36,000 Subtotal - Human Development $125,464 TOTAL EXPENDITURES $2,291,378 REVENUE 35-G 1 0-1 000- 3001 CDBG Entitlement $1,860,823 3003 Other Progam Income - RRHA $5,000 3006 Cooper Industries (UDAG) $13,333 3017 Sands Woody Loan Repayment $6,722 3022 Homeownership Assistance $5,000 3034 Hotel Roanoke Loan Repayment $400,000 3040 Rental Rehab Repay $500 TOTAL REVENUE $2,291,378 CDBG ACCOUNT TRANSFERS INCREASE 35-G07 -0730-5135 Hotel Roanoke 108 $236,391 35-G08-0830-5135 Hotel Roanoke 108 $54,393 Total Increase $290,784 DECREASE 35-G07 -0740-5184 Unprogrammed CDBG - Carryover $236,391 35-G08-0840-5184 Unprogrammed CDBG - Carryover $48,581 35-G08-0840-5188 Unprogrammed CDBG -Section 108 Loan $5,812 Total Decrease $290,784 Account No. Item Description Amount INCREASE REVENUE ESTIMATE 35-G08-0800-2834 108 Repay $5,617 35-G09-0900-2903 Other Program Income - RRHA $33,117 35-G09-0900-2922 Home Ownership $27,783 35-G09-0900-2934 108 Repay $96,756 $163,273 APPROPRIATE TO 35-G08-0830-5135 Hotel Roanoke 108 $5,617 35-G09-0930-5135 Hotel Roanoke 108 $32,436 35-G09-0939- CSA Program Services ($80,000) 1002 Regular Employeee Salaries $57,691 1105 City Retirement $8,927 1118 FSA Match . $35 1120 FICA $4,392 1125 Medical Insurance $8,042 1126 Dental Insurance $348 1130 Life Insurance $352 1131 Disability Insurance $20 2010 Fees for Professional Services $193 35-G09-0940-5184 Unprogrammed CDBG - Carryover Funds $45,220 $163,273 L:/HOUSING/HUD/09-10 Annual Update/Appropriations Reportl09-10 CDBG Approp Attachment 2 ITEMIZED EXPENDITURES FOR HOME FISCAL YEAR 2009-2010 Account No. Item Description Amount EXPENDITURES 35-090-5370-5530 TAP Hurt Park Homeownership (Project Funds) $80,510 35-090-5370-5548 TAP Hurt Park Homeownership (CHDO Project Funds) $114,129 35-090-5370-5532 Habitat Hurt Park Homeownership (Project Funds) $426,987 35-090-5370-5526 Homeownership Reserve (Project Funds) $35,000 35-090-5370-5527 Rehabilitation Reserve (Project Funds) $129,230 TOTAL EXPENDITURES $785,856 REVENUE 35-090-5370-5370 HOME Entitlement - FY09 $760,856 35-090-5370-5371 HOME Program Income FY09 $25,000 TOTAL REVENUE $785,856 HOME ACCOUNT TRANSFERS INCREASE 35-090-5309-5548 TAP Hurt Park Homeownership (CHDO Project Funds) . $9,000 35-090-5364-5548 TAP Hurt Park Homeownership (CHDO Project Funds) $53,445 35-090-5364-5527 Rehabilitation Reserve (Project Funds) $30,271 35-090-5364-5532 Habitat Hurt Park Homeownership (Project Funds) $78,440 35-090-5366-5527 Rehabilitation Reserve (Project Funds) $82,560 35-090-5368-5399 Mortgage Assistance Program (Project Funds) $32,877 35-090-5368-5532 Habitat Hurt Park Homeownership (Project Funds) $12,929 35-090-5368-5548 TAP Hurt Park Homeownership (CHDO Project Funds) $112,924 Total Transfer Increase $412,446 DECREASE 35-090-5309-5354 BRHDC Connect Four (CHDO Project Funds) $9,000 35-090-5364-5312 BRHDC Officer at Home (CHDO Project Funds) $49,427 35-090-5364-5313 BRHDC Officer at Home (CHDO Operating Funds) $4,018 35-090-5364-5482 Unprogrammed Funds $78,440 35-090-5364-5510 BRHDC Officer at Home - Project $19,664 35-090-5364-5511 BRHDC Officer at Home - Admin $10,607 35-090-5366-5494 New Gilmer Project (Project Funds) $70,000 35-090-5366-5495 New Gilmer Project (Admin Funds) $12,560 35-090-5368-5482 Unprogrammed Funds $42,506 35-090-5368-5524 Reserve CHDO Project Funds $102,658 35-090-5368-5425 Reserve CHDO Operating Funds $10,266 35-090-5368-5527 Reserve Rehabilitation Project $3,300 Total Transfer Decrease $412,446 INCREASE REVENUE ESTIMATE 35-090-5366-5367 HOME Program Income - FY08 $846 35-090c5368-5369 HOME Program Income - FY08 $33,294 Total Revenue Increase $34,140 APPROPRIATE TO: 35-090-5366-5399 Mortgage Assistance Program (Project Funds) $846 35-090-5368-5532 Habitat Hurt Park Homeownership (Project Funds) $33,294 Total Appropriation $34,140 . $69,277 in local HOME match funds will be provided to the City's Mortgage Assistance Program. Attachment 3 ITEMIZED EXPENDITURES FOR EMERGENCY SHELTER GRANT FUNDS FISCAL YEAR 2009-2010 Account No. Item Description Amount Expenditures 35-E10-5170 5250 YWCA $20,800 5251 TRUST House $17,320 5253 T AP/Transitional Living Center $25,000 5254 Roanoke Valley Interfaith Hospitality Network $19,000 TOTAL EXPENDITURES $82,120 Revenue 35-E10-5170-5170 ESG Entitlement $82,120 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC :yroanokeva.gov City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 7, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38508-070609 appropriating funds from the United States Marshals, Service for the U. S. Marshals District Fugitive Task Force, and amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 6, 2009, and is in full force and effect upon its passage. Sincerely, ~m. il{bhV Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Darlene L. Bu rcham, City Manager , William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget A. L. Gaskins, Chief of Police o IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of July, 2009~ No. 38508-070609. AN ORDINANCE to appropriate funding from the United States Marshals Service for the U.S. Marshals District Fugitive Task Force, amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. ~, , BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment Revenues US Marshals Grant FY10 35-640-3661-2035 $ 15,000 35-640-3661-3661 15,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~ )'}). ~O>v City Clerk. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC :yroanokeva.gov City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 7, 2009 Darlene l. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38507-070609 authorizing acceptance of funds awarded the Roanoke City Police Department by the United States Marshals Service, and authorizing execution of any and all necessary documents to accept the funds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 6, 2009. ' Sincerely, ~m. ~OtJYu Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget A. l. Gaskins, Chief of Police ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of July, 2009. No. 38507-070609. A RESOLUTION authorizing acceptance of funds awarded the Roanoke City Police Department by the United States Marshals Service, and authorizing execution of any and all necessary documents to accept the funds. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized on behalf ofthe City to accept from the United States Marshals Service funds in the amount of $15,000 awarded the Roanoke City Police Department to purchase safety equipment and other related items to be used for the tracking, identification, and arrest offugitives. This funding is more particularly described in the letter of the City Manager to Council dated July 6,2009. 2. . The City Manager is hereby authorized to execute and file, o~ behalfofthe City, any documents required to accept such funds. All documents to be executed on behalf of the City shall be approved as to form by the City Attorney. ATTEST: ~ ~m. YYJ()fy1J City Clerk. K:\Tim\measures\R-marshals funding 7-06-09.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 July 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: United States Marshals Service Funding Background: The United States Marshals Service regularly supports local efforts to apprehend fugitives from justice. One such program provides local funding for travel, training, and equipment or supplies related to the capture of wanted criminals. This program requires local officers to be sworn members of the U.S. Marshals Service District Fugitive Task Force. All six members of the Roanoke Police Department Warrant Service Unit meet this requirement. On June 1, 2009, The United States Marshals Service awarded the Roanoke Police Department funding in the amount of $1 5,000 under this program. There is no matching funds requirement. This funding will be used for the purchase of safety equipment and other related items to be used for the tracking, identification, and arrest of fugitives. Recommended Action: Accept the United States Marshals Service District Task Force funding. Authorize the City Manager to execute any required agreements or related documents, subject to them being approved as to form by the City Attorney. Honorable Mayor and Members of City Council July 6, 2009 Page 2 Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $15,000 to an account to be established in the Grant Fund by the Director of Finance and appropriate funding in the same amount to the expendable equipment account (2035). Respectfully submitted, Darlene L. Burc City Manager DLB:mal 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 A. L. Gaskins, Chief of Police Sherman M. Stovall, Director of Management and Budget CM09-00l03 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) 853-1 145 STEPHANIE M. MOON, CMC :yroanokeva.gov City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 7, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38510-070609 appropriating funds from the f;ederal government through the Commonwealth of Virginia for the Byrne Memorial Grant Program, and amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 6, 2009, and is in full force and effect upon its passage. Sincerely, 1c:,~ m. IYJ{)/)vu 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 A. L. Gaskins, Chief of Police ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of July, 2009. No. 38510-070609. AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Byrne Memorial Grant Program, amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Publications & Subscriptions Fees for Professional Services Expendable Equipment Training and Development Revenues Police Data Sharing FY08 - State Police Data' Sharing FY08 - Local Match Police Data Sharing FY08 - Roanoke County Police Data Sharing FY08 - City of Salem Police Data Sharing FY08 - Town of Vinton Police Data Sharing FY09 - State Police Data Sharing FY09 - Local Match Police Data Sharing FY09 - Roanoke County Police Data Sharing FY09 - City of Salem Police Data Sharing FY09 .;... Town of Vinton 35-640-3635-2010 35-640-3635-2040 35-640-3640-2010 35-640-3640-2035 35-640-3640-2044 35-640-3635-3635 35-640-3635-3636 35-640-3635-3637 35-640-3635-3638 35-640-3635-3639 35-640-3640-3640 35-640-3640-3641 35-640-3640-3642 35-640-3640-3643 35-640-3640-3644 $ 20,000 180,000 165,000 5,000 30,000 150,000 25,000 18,300 5,100 1,600 150,000 25,000 18,300 5,100 1,600 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispens~d with. ATTEST: ~ tn. rr,OIhv City Clerk. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC :yroanokeva.gov City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 7, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38509-070609 authorizing acceptance of Data Share Grants through the Edward Byrne Memorial Grant Program from the Department of Criminal Justice Services, 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, July 6,2009. Sincerely, t~m. hJt>OW Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget A. L. Gaskins, Chief of Police ()i;5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of July, 2009. No. 38509-070609. A RESOLUTION authorizing acceptance of Data Share Grants through the Edward Byrne Memorial Grant Program from the Department of Criminal Justice Services, and authorizing execution 0 f any required documentation on behalf 0 f 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 Department of Criminal Justice Services, two Data Share Grants through the Edward Byrne Memorial Grant Program in the cumulative amount of $300,000, with a local match of $50,000 required, and funding from other localities of $50,000. Such grants are more particularly described in the letter ofthe City Manager to Council dated July 6,2009. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the Data Share Grants through the Edward Byrne Memorial Grant Program, approved as to form by the City Attorney, required in connection with the acceptance of such grants, and to furnish such additional information as may be required by . the Department of Criminal Justice Services. ATTEST: ~h1. hJr>>v City Clerk K:\Tim\measures\R-Data Share Grant 7-06-09.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 July 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: Data Share Grant Background: The Department of Criminal Justice Services (DCjS) distributes federal funding through the Edward Byrne Memorial Grant Program. Byrne programs may consist of many initiatives including improvements to technology that will enhance the functioning of the criminal justice system. The Chiefs of Police for the four departments in the Roanoke Valley have identified a need for a regional data sharing system. This would enable officers from each department to search data from the other departments with ease and convenience. Access to this regional system would allow officers to more easily track and compare criminal activity that crosses jurisdictional boundaries thus increasing the likelihood of more rapid case clearances and reduced criminal activity. A system of this nature would greatly enhance the law enforcement services provided for all citizens in the Roanoke Valley. On December 19, 2007, DCJS awarded the police department $200,000 in Byrne Memorial Grant funding to design and/or purchase a law enforcement data sharing system for the Roanoke Valley. The grant program requires a cash match of $ 50,000. Agreements have been reached with the Chiefs of Police for the County of Roanoke, the City of Salem and the Town of Vinton for $25,000 of the required match. The remaining $25,000 of the match will be appropriated from Local Match Funding for Grants (35-300-9700-5415). In a separate award, on December 18, 2008, DCjS awarded the police department an additional $200,000 in Byrne Memorial Grant funding to be used for the data sharing system. This grant also requires a $ 50,000 cash match. This match will also be budgeted by $25,000 from the three partner agencies listed above and by $25,000 from Local Match Funding for Grants (35-300-9700-541 5). Honorable Mayor and Members of City Council July 6, 2009 Page 2 Recommended Action: Accept the Data Share Grants described above and authorize the City Manager to execute the grant agreements and any related documents, in such form as are approved by the City Attorney. Adopt the accompanying budget ordinances to establish revenue estimates for State grant funds of $300,000, local cash funding of $50,000, and funding from other localities of $ 50,000. Transfer funding in the amount of $ 50,000 from 35- 300-9700-5415 to provide the local match. Appropriate funding in the amount of $400,000 into accounts to be established in the Grant Fund by the Director of Finance as follows: Appropriation (2007 Grant): Description Amount Publications and Subscriptions (Software) Fees for Professional Services $180,000 20.000 $200,000 TOTAL Appropriation (2008 Grant): Description Amount Fees for Professional Services Training and Development Expendable Equipment $165,000 30,000 5,000 $200,000 TOTAL Darlene L. Bur ham City Manager c: Stephanie M. Moon, City Clerk. William M. Hackworth, City Attorney Ann H. Shawver; Director of Finance R. Brian Townsend,.Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Sherman M. Stovall, Director of Management and Budget CM09-00097 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC :yroanokeva.gov City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 7, 2009 Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38511-070609 appropriating funds from the Economic and Community Development Reserve for the Greenways Development Projects and the YMCA Aquatic Center, and amending and reordaining certain sections of the 2009-2010 Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 6, 2009, and is in full force and effect upon its passage. Sincerely, ~/Y),~~ 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 <<- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of July, 2009. No. 38511-070609. AN ORDINANCE to appropriate funding from the Economic and. Community Development Reserve for the Greenways Development Projects and the YMCA Aquatic Center, amending and reordaining certain sections of the 2009-2010 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 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 General Revenue Fund Balance Economic and Community Development Reserve - Unappropriated 08-620-9753-9003 08-620-9757 -9003 $ 200,000 200,000 08-3365 (400,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensedwith. ATTEST: ~~h1. ~wv 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 July 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 FY 2009-10 Funds for the YMCA Aquatic Center and Greenway Projects Background: Beginning in fiscal year 2002, the City of Roanoke committed to a $2.0 million investment, to be paid in $200,000 increments over a 10-year period to the Downtown Family YMCA. To date, $1.4 million has been appropriated for this project. Funds cover costs associated with the design and construction of a new central branch YMCA complex. City residents receive a discounted membership rate, which allows them to visit any YMCA facility including the facility in the City of Salem. Beginning in fiscal year 2002, the City of Roanoke also committed to contributing $200,000 per year for 10 years for a total of $2.0 million to the Roanoke River Greenways project and greenways development. So far, the City has appropriated $1.4 million for this development process. Greenways have become a necessary commodity for communities across the United States since they are viewed as an essential amenity that encourages economic development. They connect people to various aspects of a community such as the parks, shops, schools and neighborhoods. As per the 2007 Roanoke Valley Conceptual Greenway Plan, the City's portion of the regional effort has focused upon five major greenway systems that cross multi-jurisdictional boundaries (Mill Mountain, Lick Run, Murray Run, Tinker Honorable Mayor and Members of City Council July 6, 2009 Page 2 Creek, and Roanoke's primary greenway artery, the Roanoke River Greenway). Current projects ~consist of partially funding the Hamilton Terrace section construction of the Roanoke River Greenway in partnership with Carilion, Novozymes, and the Greenways Commission; developing existing trail & path "missing links" within the existing greenway system to better physically connect the trails to sidewalks, bridges, and neighborhoods; installing & interpreting riparian buffer zones & interpretive signage along the greenway corridors that li.e within the rivers & streams zoning overlay; installing new way finding & interpretive signage, and planning both the Garden City and Murray Run trail alignments. Recommendation: Adopt the accompanying budget ordinance to appropriate $200,000 from the Economic and Community Development Reserve to the Downtown Family YMCA Account No. 08-620-9757-9003 and appropriate $200,000 from the Economic and Community Development Reserve to the Greenways Development Account No. 08-620-9753-9003. Respectfully submitted, Darlene L. Bur City Manager DLB: rbl c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney \ Ann H. Shawver, Director of Finance , R. Brian Townsend, Asst. City Manager for Community Development Sherman M. Stovall, Director of Management and Budget CM09-00077 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) 853-1 145 STEPHANIE M. MOON, CMC :yroanokeva.gov City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 7, 2009 Walters, LLC 115 Albemarle Avenue, S. E. Roanoke, Virginia 24013 Gentlemen: I am attaching copy of Ordinance No. 38512-070609 granting a revocable license to Walters, LLC, for an encroachment for an architectural element of approximately'five feet into the public right-of-way, approximately 12 feet above the sidewalk on front of the property located at 11 Jefferson Street, S. W., bearing Official Tax No. 1010509, 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, July 6, 2009, and is in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by Walters, LLC, has been admitted to record, at the cost of Walters, LLC, in the Office of the Clerk of the Circuit Court of the City of Roanoke' and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph of Ordinance No. 38512-070609 is on file in the Office of the City Clerk. Sincerely, ~fY1.~~ Stephanie M. Moon, CMC City Clerk SM M:ew Attachment Darlene L. Burcham July 7, 2009 Page 2 pc: The Honorable Brenda S. Hamilton, Clerk of Circuit Court Darlene L. Burcham, City Manager David L. Collins, Assistant City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Cassandra L. Turner, Economic Development Specialist # I 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of July, 2009. No. 38512-070609. AN ORDINANCE granting a revocable lic~nse to Walters, LLC, for an encroachment for an architectural element of approximately five (5) feet into the public right-of-way, approximately twelve (12) feet above the sidewalk on front of the property located at 11 Jefferson Street, S.W., and bearing Official Tax No. 1010509, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission is hereby granted the owner, Walters, LLC ("Licensee") and its grantees, assignees, or successors in interest, of the property bearing Official Tax No. 1010509, otherWise known as 11 Jefferson Street, S.W., within the City of Roanoke, to permit an encroachment of approximately five (5) feet into the public right":of-way, approximately twelve (12) feet above the sidewalk, as more fully described in a report of the City Manager to Council dated July 6,2009. 2. Such license, granted pursuant to 915.2-2010, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke and subject to all the limitations contained in 915.2-2010. 3. It shall be agreed by the Licensee that, in constructing and maintaining such encroachment, the Licensee and its grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees from all claims for injuries or damages to persons or property that may arise by reason ofthe above-described encroachment above the public right-of-way. 4. Licensee, its grantors, assigns or successor in interest shall for the duration of this license maintain on file with the City Clerk's Office evidence of insurance coverage in an amount not less than $1,000,000. This insurance requirement may be met by commercial general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, employees, agents and volunteers as additional insureds. The certificate shall state that insurance may not be canceled or materially altered without ten (10) days written advance notice of such cancellation or alteration being provided to the City of Roanoke Department of Risk Management. 5. The City Clerk shall transmit an attested copy of this ordinance to Walters, LLC. 6. This ordinance shall' be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by Walters, LLC, has been admitted to record, at the cost of the Licensee, in the Office of the Clerk ofthe Circuit Court ofthe City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the office of the City Clerk. 7. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is dispensed with. ATTEST: ~ivJ. ~~ City Clerk. ACCEPTED and EXECUTED by the undersigned this day of ,20_. Walters, LLC By: Title: COMMONWEALTH OF VIRGINIA ~ ~ To-Wit: ~ The foregoing instrument was acknowledged before me in my jurisdiction aforesai~ this day of ,20_, by My Commission expires: Notary Public K\MEASURESIENCROACHMENT FORM.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 July 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: Encroachment into Public Right-of-Way Located at 11 Jefferson Street, SW Background: Walters, LLC, the owner of 11 Jefferson Street, SW, proposes rehabilitation of the location for condominiums and retail space. A projecting architectural element is proposed for the front fa<;ade of the building which will encroach over the Jefferson Street right-of-way. The height of the encroaching element begins at a level approximately 12 feet above the sidewalk and continues vertically for approximately 40 feet, 8 inches. The length of the projecting element extends at a variable distance of approximately 4 feet 11 inches over the sidewalk and the width extends for a variable distance of approximately 1 foot, 4 inches. Please see the attached plat marked as Exhibit A and building rendering marked as Exhibit C. The property owner seeks authorization to proceed with renovations of the building, including the encroaching element. The required insurance has been obtained and copies have been provided to the City. A copy of the insurance certificate is attached as Exhibit B. The owner has also agreed to indemnify the City against any claims arising from the encroachment. Honorable Mayor and Members of City Council \ July 6, 2009 Page 2 Recommended Action: Adopt the attached ordinance authorizing the encroachment described above, subject to the terms and conditions set out in the ordinance. Respectfully submitted, Darlene L. Bur City Manager DLB/c1t \ c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director Management and Budget Cassandra L. Turner, Economic Development Specialist CM09-00 113 ~ IIIII 8 <l<l<l<l<l l5SNOIStI\3~ ~"'6f ~~~ C)U.... f ~~~I ~ i 5 I hI ~d u~ :1 III ~h of ]:!! IU~ 11 J@ LI '"n'~11nIV\ "iDIOH'f'Q'ti Me ".L9 ~ .. n ?,., . ..~;u. ""T"tM a?9'clS '1'9'.La1!l aNV <a~nINllf\IOaN~ a<a'v'Hd 'alC11IliUXa II -- ~: ~1 1if:B "lS~ -- W -I <{ e C,) (f) C,) :J: a... <{ .. 0::: C> -- ~ III .8 'Is/x,? q.Jn:J "lSIXfJ (fJn:J ';s/x,? MS 133&S NOSH3d.:B/' --.!!f .8 "Is/x,? -Ti I rpn:J "ls/x'?/ III .8 'Is/x,? q.Jn:J "Is/x,? ....,~~ I '~"""q; &i~E: I L~".f]\ ( .>., Ii ~~ ~ l ~/~~'!/S~ .~ ~ . ~:IJl...,1 . .;S/X,,~ ~ '<;;'~I / ,~:~<::,: ,~2 " ~\- ~""~~ ,~",,~ '\ ~ ,~ "\ i~:~~\ '-: '.' 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EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. .. . ACORD. CERTIFICATE OF LIABILITY INSURANCE PRODUCER Chas. Lunsford Sons & Assoc. P.O. Box 2571 Roanoke VA 24010 Phone:540-982-0200 Fax: 540-344-4096 NSURED INSURERS AFFORDING COVERAGE NAle # Walters, LLC 115 Albemarle Avenue, SE Roanoke VA 24013 INSURER "'- INSURER 8: INSURER c: INSURER D: INSURER E: Ha:rl.ysvill. Mutu.l Ins _ Co_ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO lHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT Win; RESPECT TO INHICH lHlS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN. ll-E INSURANCE AFFORDED BY ll-lE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL lHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DATE (MMlDDIYYI DATE (MMlDDIYY LIMITS EACH OCCURRENCE $1,000,000 10/26/08 10/26/09 PREMISES [Ea oCaJ/'ence) $ 100,000 MED EXP (Anyone person} $ 5,000 PERSONAl & I'DV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMPIOP AGG $2,000,000 COMBINED SINGLE LIMIT (Ee occident) BDDIL Y INJURY (Par person) BODILY INJURY (Per accident) PROPERTY DM1AGE $ (Per accident) AUTO 0Nl. Y - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ON.. Y: AGG $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ E.L. EACH ACCIDENT $ EL DISEASE - EA E!.PLOYEE $ EL DISEASE - POLICY LIMIT $ 10/26/08 10/26/09 Building $637,000 Ded $1,000 POLICY NUMBER _ TR SR TYPE OF INSURANCE GENERAL LIABILIiY A X X COMl./ERCIAl GENERAL LIABILITY MPASJ9114 CLAIMS MADE ~ OCCUR lOG ANY AUTO AlL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS .,.. GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY OCCUR D CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEM8ER EXCLUDED? II yes. describe under SPECiAl PROVISIONS oolow OTHER A Property MPASJ9114 IESCRIPTlON OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS :ity of Roanoke, its officers, agents, employees a~d volunteers are hereby ~amed as additional insured with respects to encroachment of property located @ 11 S. Jefferson street, Roanoke, VA. ;ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF 1liE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TliE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 010 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO 1liE LEFT. BUT FAILURE TO 00 SO SHAlL IMpOSE NO OBLIGATION OR LIABILIiY OF ANY KIND UPON lHE INSURER, ITS AGENTS OR REPRESENTATIveS. i' I W':;~~ESE~~4w y...s/~ "T7 , City of Roanoke 215 Church Ave Roan~ke VA 24011 ICORD 25 (2001108) @ ACORD CORPORATION 1988 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC :yroanokeva,gov City Clerk CECELIA T, WEBB Assistant Deputy City Clerk July 7, 2009 Darlene l. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38513-070609 authorizing an agreement with the Roanoke Valley Convention and Visitors Bureau' for the purpose of increasing tourism in th'e Roanoke Valley. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 6, 2009. Sincerely, ~/Y).~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Neal Ordway, Chairman, Board of Directors, Roanoke Valley Convention and Visitors Bureau, 101 Shenandoah Avenue, S. W., Roanoke, Virginia 24016 Ann H. Shawver, Director of Finance William M.. Hackworth, City Attorney Sherman M. Stovall, Director, Management and Budget ~ fJ'} , IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of July, 2009. No. 38513-070609. A RESOLUTION authorizing an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute an agreement dated July 1, 2009, which includes a mutual indemnity provision, with the Roanoke Valley Convention and Visitors Bureau for a term of one year, from July 1, 2009, through June 30,2010, unless sooner terminated in accordance with the provisions of the agreement, for the purpose of increasing tourism and marketing the Roanoke Valley as a regional destination for convention, conference, leisure and business travel, all as more fully set forth in the City Manager's letter to this Council dated July 6, 2009. 2. The contract amount authorized by this resolution shall not exceed $721,152 without further Council authorization. 3. Such agreement shall be in such form as is approved by the City Attorney, and shall be substantially similar to the one attached to the above mentioned letter. ATTEST: ~IY). ~#VV City Clerk. R-RVCVB-2009-2010.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 July 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: FY 2009-10 Roanoke Valley Convention and Visitors Bureau Agreement Background: The City of Roanoke annually enters into an agreement with the Roanoke Valley Convention and Visitors Bureau (RVCVB) to provide funding for marketing the Roanoke Valley as a convention and destination tourism site. As part of the fiscal year 2010 annual budget adopted by City Council on May 11, 2009, funding in the amount of $385,152 is specifically designated for RVCVB~ An additional $336,000 is designated in the annual budget for marketing efforts, for a total of $721,152. The City has negotiated a one-year agreement commencing July 1, 2009, (attached) with the RVCVB detailing the use of these funds. The agreement provides for the same number of City of Roanoke representatives on the RVCVB Board of Directors as last year. The agreement also contains a mutual indemnity clause, paragraph 9, requiring approval of Council. The RVCVB submitted a detailed report listing its accomplishments through April 2009. An annual budget and work plan for 2009-10 will be submitted to the City Manager for review and approval, upon approval of the RVCVB Board of Directors. Honorable Mayor and Members of City Council July 6, 2009 Pag e 2 r Recommendation: Authorize the City Manager to execute an Agreement, dated July 1, 2009, in the amount of $ 721,1 52 with the RVCVB, in a form approved by the City Attorney, substantially similar to the one attached hereto for the express purpose of marketing the Roanoke Valley as a regional destination for convention and destination tourism. Specifically, approve Paragraph 9 of the agreement as to the indemnity clause. Respectfully submitted, ~.v' Darlene L. Burc City Manager Attachment c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Neal Ordway, Chairman of the Board, RVCVB CM09-00 1 06 AGREEMENT THIS AGREEMENT, dated July 1, 2009, is by and between the ROANOKE VALLEY CONVENTION AND VISITORS BUREAU, a corporation organized under the laws of the Commonwealth of Virginia (hereinafter "RVCVB") and the CITY OF ROANOKE, a municipal. corporation of the Commonwealth of Virginia (hereinafter "City"). WHEREAS, the RVCVB IS a "REGIONAL DESTINATION MARKETING ORGANIZATION" whose mission is to market the entire Roanoke Valley as an exciting destination for Convention and Leisure travel; WHEREAS, the City is the largest contributor and with its concentration of hotels, conference centers, convention facilities, shopping, dining and attractions, realizes enhancement of its tax revenues as a result of the RVCVB marketing efforts; WHEREAS, the City desires to render aid and provide support to the R VCVB to assist in the promotion of the Roanoke Valley as a destination or meeting site for visitors, including tourists, conventions and meeting groups, special event visitors and commercial travelers; WHEREAS, the City desires to appropriate $ 721,152 to the R V CVB for the express purpose of increasing tourism activities; WHEREAS, the City desires to formalize its relationship with RVCVB in an effort to increase the revenue enhancement derived from tourism activity; and WHEREAS, the City desires to assure that its appropriation of funds be used for these ,purposes. THEREFORE,. in consideration ofthe mutual promises hereinafter set forth, the parties do hereby agree as follows: 1 1. Term. The term of this Agreement shall be for a one-year period, from July 1, 2009, through June 30, 2010. 2. Services. Funds made available to RVCVB by the City will be applied to provide additional services resulting directly or indirectly in income producing activities, including but not . limited to: (a) Direct sales programs. (b) Sales promotions. (c) Servicing conventions. (d) Marketing/commurucations. (e) IdentifY product need (new and improved facility and attractions). (f) Coordination with other City and Civic agencies and businesses involved in the growth ofthe RoanokeValley. (g) Staff and run a Visitors' Center. (h) Promote and sell the Roanoke Valley as a convention and tourist destination. 3. Work Program/Budget. No later than July 31,2009, the RVCVB shall submit to the City Manager for approval a work program, marketing plan and budget setting forth in reasonable detail the activities planned for the year and the anticipated expenditures of City funds involved. The marketing plan shall be in sufficient detail as to determine the strategy RVCVB will be pursuing in promoting and selling the Roanoke Valley as a destination for group meetings, i.e. conferences and conventions as well as tourists. Such items shall detail how the funds will be expended on specific marketing initiatives. The City Manager shall approve or otherwise respond to the proposed work programs, marketing plan and budget no later than August 25, 2009 in order that any necessary modifications.be settled upon on or before August 31,2009. Monthly reports outlining progress on convention sales, tourism activities and groups booked, bus tour activity, bookings ~nd other information as deemed to be necessary by the City shall be submitted by the RVCVB to the City Manager. The lack of any written response by the City Manager requesting redirection of efforts within ten (10) days ofreceipt of each monthly report will denote satisfaction with RVCVB efforts. 2 4. Funding. The City agrees to provide funding to RVCVB in the amount of Seven Hundred Twenty-One Thousand One Hundred Fifty- Two Dollars ($721,152). The total amount shall be paid quarterly in equal payments of$180,288 on or before the last day of July 2009, September 2009, December 2009, and March 2010. 5. Subcontracting. It is understood that RVCVB may from time to time contract with firms and individuals for the acquisition of goods or services in the furtherance of the activities contemplated by this Agreement. RVCVB shall not enter into any contract relating to activities contemplated by this Agreement or involving the expenditure of funds provided to RVCVB by the City under this Agreement, where the amount of such contract is $5,000 or more, without written authorization of the City Manager unless the nature of the goods or services to be acquired were disclosed in the work program or annual plan and budget submitted for the year. 6. Books and Records, Audits. RVCVB shall keep accurate books and records. Both monthly P &L and Income Statements as well as an audited financial statement shall be made available to the City upon request. Additionally, R VCVB shall make such books and records available to the Municipal Auditor of the City or other independent auditor selected by the City during its regular office hours. 7. Contacts with Prospective Clients. As specified in paragraph 3, the RVCVB shall inform the City Manager on a regular basis of work in progress at the RVCVB. A representative from the City shall have the right to be present at any formal bid presentations made to any potential group meeting or business meeting. 8. Board of Directors. City Council shall appoint two people as members ofthe Board of Directors of the RVCVB. Such appointees shall have full voting rights and privileges during the term ofthis Agreement and shall serve on the Board at the pleasure of City Council. In addition, the 3 City Manager, the Civic Facilities General Manager, and the City's Director of Parks and Recreation shall be members of the Board, with full voting rights and privileges during the term of this Agreement. 9. Indemnification. To the extent permitted by law, each party shall indemnifY and ho ld harmless the other party, its officers, agents and employees, from any and all claims, legal actions and judgments advanced against it or its officers, agents or employees, and for expenses it may incur in this regard, arising out of the other's negligent acts or omissions, with respect to carrying out this Agreement. 10. Insurance. RVCVB shall obtain and maintain during the life of this Agreement a policy or policies of commercial general liability insurance with an insurance company or companies licensed to do business in Virginia, which policy or policies shall provide coverage with respect to claims arising out ofthe subject matter ofthis Agreement. The amount of such insurance shall not be less than $1,000,000. RVCVB shall also obtain and maintain during the life of this Agreement Directors and Officers Liability insurance in the amount of $1,000,000 per occurrence providing coverage, including defense costs, with respect to claims arising out of the subject matter of this Agreement. All such policies shall be occurrence policies and shall name the City of Roanoke, its officers, agents, employees and representatives as additional insureds under the commercial general liability policy and, if possible, under the Directors and Officers Liability policy. RVCVB shall provide the City with certificates of insurance for each ofthe above policies and each certificate shall contain substantially the following statement: "The insurance coverage provided by this certificate shall not be canceled or materially altered except after thirty (30) days written notice has been provided to the City of Roanoke." 4 11. Assignment. Neither the City nor RVCVB may assign its rights or obligations hereunder without the prior written consent of the other. 12. Notices. Any notices required by the terms ofthis Agreement shall be deemed to have been given when delivered in person to or deposited in the U.S. mail, via first class postage, addressed: (a) If to the City: City Manager City of Roanoke Noel C. Taylor Municipal Building, Room 364 215 Church Avenue, S. W. Roanoke, Virginia 24011 (b) If to the RVCVB: Executive Director Roanoke Valley Convention and Visitors Bureau 101 Shenandoah Avenue Roanoke, VA 24016 or at such other address as each party may designate for itself by giving at least five (5) days prior written notice to the other party. 13. Nondiscrimination. A. During the performance ofthis Agreement, the RVCVB agrees as follows: 1. RVCVB will not discriminate against anysubcontractor, employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of RVCVR RVCVB agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 5 2. RVCVB, in all solicitations or advertisements for employees placed by or on behalf of RVCVB will state that RVCVB is an equal employment opportunity employer. 3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose ofmeeting the requirements of this section. B. RVCVB will include the provisions ofthe foregoing subparagraphs (A)(l), (2) and (3), in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. 14. Drug Free Workplace. (A) During the performance ofthis Agreement, the RVCVB agrees to (i) provide a drug free workplace for the RVCVB's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifYing employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the RVCVB's workplace imd specifYing the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements advertisements for employees placed by or on behalf ofRVCVB that RVCVB maintains a drug free workplace; and (iv) include the provisions ofthe foregoing clauses in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. (B) For the purpose of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of / the Agreement. 6 15. Faith Based Organizations. Pursuant to Virginia Code Section 2.2 - 4343.1, be advised that the City of Roanoke does not discriminate against faith-based organizations. 16. Termination. The City may terminate this Agreement at any time ifRVCVB applies funds paid to RVCVB by the City for any purpose other than the purposes contemplated by this Agreement, provided that reasonable notice and opportunity to cure shall first be afforded, or if RVCVB fails to perform any ofthe other obligations under this Agreement or as otherwise allowed by law. Upon termination of this Agreement, the number of City representatives on the Board of Directors ofRVCVB shall be reduced to two (2). In such event, the City Manager shall designate the City's representatives to remain on the Board or in the event the City Manager does not so designate within 14 days oftermination ofthe Agreement, the President ofR VCVB shall make the designation. 17. Duplicate Originals. This Agreement may be executed in duplicate, each of which shall be deemed to be an original and all of which will be deemed to represent one and the same Agreement. 18. Nonwaiver. RVCVB agrees that the City's waiver or failure to enforce or require performance of any term or condition ofthis Agreement or the City's waiver of any particular breach ofthis Agreement by RVCVB extends to that instance only. Such waiver or failure is not and shall not be a waiver of any ofthe terms or conditions ofthis Agreement or a waiver of any other breaches ofthe Agreement by RVCVB and does not bar the City from requiring RVCVB to comply with all the terms and conditions ofthe Agreement and does not bar the City from asserting any and all rights and/or remedies it has or might have against RVCVB under this Agreement or by law. 19. Cooperation. Each party agrees to cooperate with the other in executing any documents necessary to carry out the intent and purpose ofthis Agreement. 20. Compliance with Laws, Regulations. and Immigration Law. RVCVB agrees to and 7 shall comply with all applicable federal, state, and 10ca11aws, ordinances, and regulations, including all applicable licensing requirements. R V CVB further agrees that R V CVB does not, and shall not during the performance ofthis RVCVB, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. 21. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements between the parties. No amendment to this Agreement will be valid unless made in writing and signed by the appropriate parties. IN WITNESS WHEREOF, the City and the RVCVB have caused this Agreement to be signed by their respective authorized representatives. ATTEST: CITY OF ROANOKE Stephanie M. Moon, City Clerk By Darlene L. Burcham, City Manager ATTEST: ROANOKE \1 ALLEY CONVENTION AND VISITORS BUREAU By: Printed Name and Title Printed Name and Title Approved as to form: Appropriation & Funds required for this Agreement certified: City Attorney Director of Finance Approved as to execution Account No. Date: City Attorney Authorized by Resolution No. 8 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 ~oanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: cIerk@roanokeva.gov CECELlA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk July 7, 2009 Darlene l. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 38514-070609 amending the Code of the City of Roanoke (1979), as amended, to regulate the riding of bicycles and similar devices on City streets. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 6, 2009, and is in full force and effect upon its passage. Sincerely, ~m. h\..,0IIN Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 (electronic version) The Honorable Brenda S. Hamilton, Clerk of Circuit Court Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Raymond F. Leven, Office of the Magistrate Lora A. Wilson, Law Librarian A. l. Gaskins, Chief of Police Cecelia T. Webb, Assistant Deputy City Clerk ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of July, 2009. No. 385l4~070609. AN ORDINANCE amending Section 20-131, Definitions, age of operation, of Division 1, Generally, and Section 20-155, Method of Riding, of Division 3, Operation, of Article VII, Mopeds, Bicycles and Electric Power-Assisted Bicycles, of Chapter 20, Motor Vehicles and Traffic, to add a definition of the term "electric personal assistive mobility device," to amend the definition of "electric power-assisted bicycle,"and to conform the provisions of Section 20-155 with changes iri state enabling legislation; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 20-131, Definition, age of operation, of Chapter 20, Motor Vehicles and Traffic, is hereby amended and reordained to read and provide as follows: * * * Sec. 20-131. Definition. age of operation The following terms, as used in this chapter, shall have the meanings as herein described below: *,* * Electric personal assistive mobility device means a self-balancing two-non tandem- wheeled device that is designed to transport only one person and powered by an electric propulsion system that limits the device's maximum speed to fifteen (i5) miles per hour or less. For purposes of this article, a~ electric power assistive mobility device shall be a. vehicle when operated on a street. Electric power-assisted bicycle means a bicycle equipped 'vT,'ith un clectlic motor that reduces the pedal effort required of the rider, but does not eliminate the rider's need to peElah a vehicle that travels on not more than three wheels in contact with the ground and is equipped with (i) pedals that allow propulsion by human power and (ii) an electric motor with an input of no more than 1,000 H'atts that reduces the pedal effort required of K:\Measures\Code Amendment Chapter 20 Mopeds Power assisted. bicycles,doc 1 the ride. For purposes of this article, an electric power-assisted bicycle shall be a vehicle when operated on a street. t * * * Sec. 20-155. Method of riding. E'/ery person riding a bicycle, electric power assisted bicycle or moped on any street shall keep as close as practicable to the right hand side of the roadway, except under any ef...t:he following circumstances.;. ) 1Vhe~~'El . fl 1..'~' . fl El" (1 ,.. U v y\'.InUJ."'I'5.......1 passmg anot. eH"etiW . '. . mg 111 t .e same lrectlOn; (2) Whb'll preparing for a left tum at un intersection or into a priyate road or 6fl-veway;-anti f=1t----Wflen--reaseHa&J:y-J.te{3-es-&ffiy-.te-.aveiti....€€fn:ooiHHs-inetH4it'l:g,.3-l.:l.t-flet---li-mi-reti-ttl; fixed or moving objects, parked or mo';ing vehicles, pedestrians, animals, surface hazards, or substandard \vidth lanes lhat make it unsafe to continue along the right curb or ~ Fffi~eses4tfl.ts-sec-tien;-a-%l:bsteHElat'El:-wi:t#h-lafle!!..fs..-a-l-ane4ee-fraffeW-f~eyel-e, electric power assisted bicycle or moped and another vehicle to pass safely side by side 'v.1thin the lane. Pefsons riding-bicycles--e-r-.eleetrie.".f3ewer-assisted.-bicyeles-en.-a-str-eet--slla-H:-Bet-i""..f4e-.t"\\'6 E2t-e:f-H'lffi'e-al:lR,"'8:S-H*€..ept--eB.-path:s--er-"p-m'ts..-(7f--stfeet;s--5et...aside-fef-tl1:e-e~i:ve use e f bicycles. Mopeds shall not ride on paths or parts of streets set aside for the exclusive use of bicycles. Persons riding mopeds on a street shall not ride t\\"o (2) or more abreast. Any person operating a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped on a street at less that the normal speed ~r traffic at the time and place under conditions then existing shall ride as close as safely practicable to the right curb or edge ~f the street except under any of the following circumstances: 1. When overtaking and passing another vehicle proceeding in the same direction; 2. When preparing for a left turn at an intersection or into a private road or driveway; 3. When reasonably necessmy to avoid conditions including, but not limited to, fixed or moving ol?iects, parked or moving vehicles, pedestrians, animals, surface hazards. or substandard H.:idth lanes that make it unsafe to continue along the right curb or edge; . 4. Tl1hen avoiding riding in a lane that must turn or diverge to the right; and 5. When riding upon a one-way street, a person may also ride as near the left- hand curb or edge of such street as s(~le~v practicable. For pUlposes of this section, a "substandard It'idth lane '.. is a lane too narrow for bicycle, electric personal assiSlive mobility device, electric power-assisted bicycle, motorized skateboard or scooter, or moped and another vehicle to pass safely side by side within the lane. K:\Measures\Code Amendment Chapter 20 Mopeds Power assisted bicycles.doc 2 J Persons riding bicycles, electric personal assistive mobility devices, or electric power-assisted bicycles on a street shall not ride more that t1:VO abreast. Persons riding two abreast shall not impede the normal and reasonable movement of traffic, shall move into a single file formation as quickly as is practicable when being overtaken from the rear by a faster moving vehicle. and, on a laned roadway. shall ride in a single lane. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is dispensed with. ATTEST: ~m.~ City Clerk. K:\Measures\Code Amendment Chapter 20 Mopeds Power assisted bicycles. doc 3 CITY OF ROANOKE OFFICE OFCITY ATIORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE; SW ROANOKE, VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY AlTORNEY TELEPHONE: 540-853-2431 FAX: 540-853~]221 EMAIL: cityally@roanokeva.gov TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON ASSISTANT CITY AlTORNEYS July 6, 2009 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: City Code Amendment, Chapter 20, Motor Vehicles and Traffic Dear Mayor Bowers and Members of Council: Section 20-155 of the City Code, pertaining to the riding of bicycles and similar devices on City streets, needs to be amended to conform it with amendments that have been made to the State enabling legislation upon which it is based (946.2-905, Code of Virginia). I have prepared an ordinance that will accomplish this, and it is attached for your consideration. I should note that this amendment also necessitates amending Section 20-131 of the City Code to amend one definition and to add another, to incorporate the current definitions in the State enabling legislation. Please let me know if you have any questions about this matter. With kindest personal regards, I am Sincerely yours, ~k.~ William M. Hackworth City Attorney WMHllsc Enclosure c: Ms. Barbara Duerk Darlene L. Burcham, City Manager Chief A.L. Gaskins, Roanoke City Police Department 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 July 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: May Financial Report - City of Roanoke This month's report provides commentary on financial results through eleven months of fiscal year 2009. Revenues as of May totaled $224.6 million or 85.2% of our revised revenue budget, very close to our relative budget position one year ago. In order to meet budget, revenues must total $263.5 million, a 1.6% increase over the prior fiscal year's actual revenue total. At this time, revenues are not expected to achieve the estimate in total. The shortfall is currently estimated at approximately $2.7 million, and steps have been taken for much of the year to reduce expenditures in response to this situation. Currently, real estate tax collections are 4.9% higher than last year at this time, tracking as expected based on our revenue estimate. The most recent major local tax due date was Monday, June 1, 2009, for the personal property tax. Our projections indicate that we will end the year 0.5% below the estimate. June sales tax totals associated with retail sales through April are behind projections, and we do not expect this revenue to achieve the estimate by the end of the fiscal year. Details of thes~ short falls as well as Honorable Mayor and Members of Council July 6, 2009 Pag e 2 significant or note-worthy General Fund variances between fiscal years 2008 and 2009, or between fiscal year 2009 actual and budget, are presented in the following sections. General Fund Revenues Revenues through May increased 1.7% compared to the prior fiscal year. Detailed comments on year to year and budgetary variances for our major revenues are addressed as follows: General Property Taxes increased 3.5% through May from $95.8 million last year to $99.1 million, led by growth in real estate tax which is achieving its expected growth of approximately 4~9%. Slightly offsetting the increase in real estate assessments is a decline in personal property tax revenue compared to last year as a result of lower billings on new vehicles. The majority of personal property taxes were due June 1st and while the business area has shown growth, the vehicular area has decreased. Therefore, we anticipate a 1.5% decline in personal property for FY09 compared to FY08 results. Other Local Taxes decreased 1.4% from $60~7 million in FY08 through May to $59.8 million in the current fiscal year. Telecommunications tax, which applies to a number of services, including land line and wireless telephone, cable and satellite television, and radio services has decreased 7.5% fiscal year to date due to lower distributions state wide from October 2008 forward. In addition, telecommunications tax revenues for this period last year were higher than usual due to one time corrections for two large providers that had not properly filed returns for January through July 2007. Consumer utility taxes, most notably electric services, decreased as a result of milder weather conditions compared to the same time period last year. Business license tax revenue declined just over 1 % compared to FY08, a result above budgeted expectations. Recordation, cigarette, and transient occupancy taxes also declined. Sales tax has now fallen below FY08 totals for the same period with a year-to-date decline of 2.3% as of April sales which were recorded in June. Declining retail sales as a result of the recession and lack of consumer confidence are causing the recognition of sales tax revenues to fall state-wide. Partially offsetting the aforementioned declines respectively are growth in prepared food and beverage tax, and admissions tax of 0.1 %, and 6.2%, over the same period compared to FY08. Honorable Mayor and Members of Council July 6, 2009 Page 3 Permits. Fees and Licenses decreased 29.7% from FY08 due to a decline in building inspection permit fees, most notably due to the William Fleming High School project and Carilion Medical Center which were both permitted last year. New construction _ has slowed due to the declining economy, also resulting in lower permit revenues. Revenue in this category was unusually high in FY08 and has consistently been lower in FY09. Revenue from Use of Monev and Property decreased 19.1 % primarily due to the decline in interest rates as well as a more conservative investment of funds. In addition, rental payments from the Commonwealth for space occupied in a City owned building were higher last fiscal year due to a holdover clause in the .Iease contract. Revenues from contracted leases are approximately one half of what they were last year. Grants in Aid Commonwealth increased 2.8% from FY08. However, there is a timing difference in the receipt of the fourth quarter law enforcement funding through HB599. It was received earlier this fiscal year creating a false increase in this category. Adjusted for the timing difference, this category actually decreased 0.3%. A significant event impacting this category is reduction in funding from the Commonwealth as passed on to localities in the adoption of the FY09 budget. Roanoke's reduction was approximately $1.1 million. Also contributing to the decline is the additional 3.9% decrease in law enforcement funding through HB599. Partially offsetting the decline is 3.4% growth in street maintenance revenues received from the Virginia Department of Transportation (VDOT). These funds are determined annually from information submitted to VDOT regarding locality street types and lane miles. In addition, reimbursable social services expenditures have grown compared to the prior year due to an increase in rates for services as well as an increase in some services that are no longer funded by Medicaid. Grants in Aid Federal Government increased $38,769 due to a timing difference in the receipt of the Emergency Management Performance Grant funding. The FY08 funding was received in June 2008. Therefore, this variance will be rectified next month. Internal Services decreased 2.3% over FY08 with variances worth noting in two revenue sources. There is a decrease in billing of the School's share of the Comprehensive Se-rvices Act (CSA) expenditures from FY08 to FY09. A retroactive billing adjustment Honorable Mayor and Members of Council July 6, 2009 Page 4 occurred in March of the prior year but school-related CSA expenditures have not materially increased in FY09, therefore, a billing adjustment has not been made. Actual expenditures and the related billing to the school board will be re-evaluated at , .. year end. A comparative increase due to a new revenue source in FY09, school playground services, partially offsets the decrease in this category. Transfers from Other Funds increased $33,333 from last year due to a transfer from capital projects contingency to cover the second installment due to the Historical Society of Western Virginia. Last year's installment was funded within the General Fund through an appropriation of fund balance. General Fund Expenditures The FY09 expenditure budget totals $265.1 million and includes funding of approximately $1.3 million to cover contracts and purchase orders made during FY08 but not paid by the end of that year. The General Fund expenditures and encumbrances through May were $236.4 million. Compared to the prior year, these expenditures in total represent an increase of 0.5% or $1.1 million, most of which is attributable to an increase in debt service payments related to the Series 2008 bonds on which payments began this year. In FY09, the average employee pay raise was 2%, which caused a slight increase in many categories of expenditures. Decreased spending due to the timing of certain non-departmental transfers was offset by increased spending for street paving, also related to timing of payments. Current year departmental expenditures have been curtailed to address budgetary concerns, and a hiring freeze has been in place much of the year. Significant increases and decreases are discussed in the following sections in detail. Categories with significant variances are as follows: Transfers to Debt Service Fund increased 12.2% or $2.3 million over the same period in FY08. This large increase is due to the February 2009 payment of principal and interest on Series 2008 public improvement general obligation bonds. The tax- supported components of these bonds were issued last year for Fire-EMS stations and Honorable Mayor and Members of Council July 6, 2009 Page 5 William Fleming High School with payments that began February 1, 2009. The next payment will be due August 1, 2009. Nondepartmental expenditures decreased 14.3% or $0.9 million. There has been a significant decrease in transfers to the Capital Projects Fund as a result of the City's commitment to build its fund balance levels. While appropriations of $717,325 in undesignated fund balance had been made by this time last year, none have been appropriated in FY09. Partially offsetting the decline is a budgeted increase in the subsidy paid to the Civic Center. As we near the end of the fiscal year, we anticipate additional General Fund transfers to Enterprise funds of approximately $500,000 as noted in the following discussion. Enterprise Funds Civic Facilities Fund ~ Global Spectrum began management of the Civic Center on January 1, 2009. ~ The financial statement reflects revenues and expenses from both the City's financial system and the Income Statement provided in the Global Spectrum April Financial Statements package. ~ Global Spectrum's accounting policies offset direct event expenses against event revenue. This policy is standard over much of the entertainment industry. However, the City has always reported gross revenues and expenses, making a FY08 to FY09 comparison ineffective for revenues and expenses above the "Operating Loss" subtotal. A more accurate comparison can be made using net operating loss this year versus last year. ~ Year to date operating loss deteriorated by approximately $351,000 or 17.8% from FY08. ~ $130,000 in Management Fees ($26,000jmonth) have been expensed by Global Spectrum through May. ~ FY09 year to date utility expenses are up $200,000 or 32.4% from the same period in FY08. This is an improvement compared to April's year to date. Global located and repaired two water leaks which, along with AEP's rate increase, resulted in extremely high utility costs in FY09. ~ Comparison of the FY08 to FY09 operating subsidy (Transfers In) is impacted by the fact that the amount initially budgeted for FY09 was larger than the amount budgeted for FY08. The subsidy recorded in each year through May is equal Honorable Mayor and Members of Council July 6, 2009 Page 6 half of the amounts originally budgeted in each respective year. In FY08, an adjustment of $667,000 was made late in the fiscal year to increase the subsidy. An additional Civic Center subsidy is again expected as a result of current year performance, presently estimated at $429,000. Based on this, for the year as a whole, the subsidy required in FY 2009 will exceed the amount provided in FY 2008 by approximately $155,658 or 6%. While Global Spectrum performance through March was in line with projections, April and May performance was lower than anticipated. June performance is expected to rebound. Overall performance has been impacted by current economic conditions. Parking Fund ~ Operating revenues are $88,000 or 3.3% below budget for FY09 year to date. ~ Operating expenses in FY09 increased $193,000 or 19.0% when compared to FY08. $153,000 or 15.0% of this is due to increased Lancor' management fees in FY09, with $93,000 of that amount attributable to the opening of Campbell Garage. ~ Utilities (electric and water/sewage) have increased by $78,000, up 80.7% from FY08. The increase is fueled by AEP's rate increase and to a lesser extent, the WVWA's rate equalization increase. Campbell Garage accounts for about $13,000 of this increase. Church Avenue Garage has the highest utility expense, followed closely by Tower Garage. ~ Monthly parking at Campbell Garage continues to increase following a rate decrease on March 16, 2009, but it is still greatly below budget. Short term parking at this facility has already exceeded the annual budgeted revenue (105.3%) in only eleven months ~ Depreciation expense has risen due to the completion of Campbell Garage. ~ Interest expense has risen, also due to the completion of Campbell Garage, as interest from 2004, 2006, and 2008 General Obligation Bonds is now being expensed instead of capitalized. Market Building Fund ~ The Market Building now has four vacant spaces. A non-food enterprise left in April, joining the three vacant food court spaces. ~ Operating expenses include approximately $204,000 related to fall cleaning and maintenance. This is 40.1 % of the Other Services and Charges category. Honorable Mayor and Members of Council July 6, 2009 pag e 7 ~ Total FY09 YTD utility expenses are only $2,000 greater than FY08 YTD amounts. Reduced demand, due to vacancies, helped offset the rate increases. ~ Investment Income is down in FY09 due to a significantly weaker cash position and an interest rate which is less than half of the FY08 rate. The City has also taken a more conservative approach to investment of funds which reduces interest income. ~ Current estimates indicate that an additional $77,000 subsidy will be needed for the Market Building Fund for FY09. This amount includes anticipated expenses typically paid after June 30 for June services. Based on this estimate, the total subsidy amount for FY09 will exceed the subsidy for FY08 by $76,430 or more than 200%. The incr.ease can be attributed to tenant vacancies as well as fall cleaning expenses. The next financial report presented to City Council will encompass the unaudited results for fiscal year 2008. To allow adequate time for year end closing entries and analysis to take place, the report is scheduled for presentation to Council at its September 7th meeting. Please let us know if any additional detailed information is needed in the meantime with regard to performance of the City's funds. . Sincerely, fQt)~ Ann H. Shawver Director of Finance Attachments c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk James Grigsby, Assistant City Manager R. Brian Townsend, Assistant City Manager Sherman M. Stovall, Director of Management and Budget Honorable Mayor and Members of Council July 6, 2009 Page 8 Debbie Moses, Parking Facilities Manager Chris Connelly, General Manager, Global Spectrum Rita D. Bishop, Superintendent, Roanoke City Public Schools Curtis D. Baker, Deputy Superintendent of Operations, Roanoke City Public Schools ~ City of Roanoke Financial Report to City Council Eleven Months Ended May 31, 2009 Prepared by the Department of Finance Presented July 6, 2009 / General Fund ....... ....................... ...............................................................................1 Civic Facilities Fund.................................... ......... .......... ...........................................2 Parking Fund.................... ~......................................................................................... 3 Market Building Fund............................ ...... .......................... ..~.. ................................4 Treasurer's Statement of Accountability......... .......................................................... 5 Pension Plan - Statement of Changes in Net Assets .................................................6 Pension Plan - Statement of Plan Net Assets ............................................................ 7 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE (UNAUDITED) Year to Date for the Period Current Fiscal Year Percent of Revised Revenue July 1 - May 31 July 1 - May 31 Percentage Revenue Estimate Revenue Source 2007-2008 2008-2009 of Change Estimates Received General Property Taxes $ 95,807,163 $ 99,121,194 3.5 % $ 101,584,000 97.6% Other Local Taxes 60,666,711 59,802,747 -1.4 % 74,724,000 80.0% Permits, Fees and Licenses 1,372,856 965,243 -29.7 % 1,266,000 76.2% Fines and Forfeitures 1,516,766 1,514,217 -0.2 % 1,535,000 98.6% Revenue from Use of Money and Property 1,002,390 810,700 -19.1 % 784;000 103.4% Grants-in-Aid Commonwealth 49,519,576 50,887,613 2.8 % 72,098,374 70.6% Grants-in-Aid Federal Government 38,769 100.0 % 38,000 102.0% Charges for Services 7,677,597 8,124,449 5.8 % 8,136,000 99.9% Internal Services 2,703,730 2,640,781 -2.3 % 2,779,435 95.0% Transfers From Other Funds 33,333 100.0 % 33,333 100.0% Miscellaneous Revenue 648,712 623,795 -3.8 % 533,000 117.0% Total $ 220,915,501 $ 224,562,841 1.7 % $ 263,511,142 85.2% CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE ELEVEN MONTHS ENDED MAY 31,2009 (UNAUDITED) FY 2009 (1) FY 2008 Operatina Revenues Rentals $ 605,783 $ 803,109 Event Expenses 156,697 230,522 Display Advertising 73,087 25,002 Admissions Tax 286,797 346,782 Electrical Fees 27,964 25,923 Novelty Fees 49,180 74,950 Facility Surcharge 188,644 254,180 Charge Card Fees 33,852 85,090 Commissions 44,519 69,543 Catering/Concessions 118,695 172,110 Other 25,050 535 Total Operating Revenues 1,610,268 2,087,746 Operatina Expenses Personal Services 1,329,225 1,787,042 Operating Expenses 1,762,607 1,470,973 Depreciation 839,830 800,217 Total Operating Expenses 3,931,662 4,058,232 Operating Loss (2,321,394) (1,970,486) Nonoperatina Revenues/(Expenses) Other 15,509 1 ,459 Investment Income 12,677 19,794 Interest Expense (578,765) (592,820) Net Nonoperating Expenses (550,579) (571,567) Loss Before Transfers and Contributions (2,871,973) (2,542,053) Transfers and Contributions Transfers In 1,234,050 1,037,496 Transfers Out (65,244) (61,869) Net Transfers and Contributions 1,168,806 975,627 Change in Net Assets $ (1,703,167) $ (1,566,426) (1) FY2009 is the total of the City Advantage System and Global Spectrum's Income Statement. Comparability of amounts above "Operating Loss" is affected by a difference in Global Spectrum's accounting policies from those used by the City in FY 2008. 2 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE ELEVEN MONTHS ENDED MAY 31, 2009 (UNAUDITED) FY 2009 FY 2008 ODeratina Revenues Market Garage $ 314,555 $ 324,040 Elmwood Park Garage 470,822 466,883 Center in the Square Garage 252,697 255,066 Church Avenue Garage 616,179 628,710 Tower Garage 451,380 502,948 Gainsboro Garage 118,930 113,506 Campbell Garage 17,613 206 Williamson Lot 76,966 82,630 Higher Ed Center Lot 55,771 65,761 Market Lot 20,242 15,229 Elmwood Lot 66,037 68,725 Warehouse Row Lot 27,834 27,159 West Church/YMCA Lots 24,081 24,081 Parking Violations (All Locations) 23,143 Total Operating Revenues 2,536,250 2,574,944 ODeratina EXDenses \ Operating Expenses 1,211,265 1,017,895 Depreciation 751,410 622,265 Total Operating Expenses 1,962,675 1,640,160 Operating Income 573,575 934,784 NonoDeratina RevenuesllExDenses) Investment Income 52,143 61,516 Interest Expense (458,740) (226,206) Net Nonoperating Expenses (406,597) (164,690) Income Before Transfers and Contributions 166,978 770,094 Transfers and Contributions Transfers In 14,466 102,523 Net Transfers and Cpntributions 14,466 102,523 Change in Net Assets $ 181,444 $ 872,617 3 CITY OF ROANOKE, VIRGINIA MARKET BUILDING FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE ELEVEN MONTHS ENDED MAY 31, 2009 (UNAUDITED) FY 2009 FY 2008 Ooeratina Revenues Charges for Services $ 206,472 $ 237,727 Total Operating Revenues 206,472 237,727 Ooeratina Exoenses Other Services and Charges Depreciation 509,310 92,584 601,894 233,571 86,465 320,036 Total Operating Expenses Operating Loss. (395,422) (82,309) Nonooeratina Revenues Investment Income 3,204 23,111 Miscellaneous 88 1,668 Net Nonoperating Revenues 3,292 24,779 Loss Before Transfers & Contributions (392,130) (57,530) Transfers and Contributions Transfer in from Capital Projects Fund 120,000 148,917 Transfer in from General Fund 17,500 18,070 Net Transfers and Contributions 137,500 166,987 Change in Net Assets $ (254,630) $ 109,457 4 /' CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED MAY 31,2009 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED MAY 31,2009. BALANCE AT APR 30, 2009 CONSOLIDATED FUNDS $96,266,410.46 RECEIPTS $26,634,040.94 BALANCE AT BALANCE AT DISBURSEMENTS MAY 31, 2009 MAY 31,2008 $24,210,347.18 $98,690,104.22 $120,093,805.25 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDING MAY 31,2009. THAT SAID FOREGOING: CASH CASH IN HAND CASH IN WACHOVIA BANK CASH IN HOMETOWN BANK CASH IN VALLEY BANK INVESTMENTS: WACHOVIA OVERNIGHT SWEEP ACCOUNT LOCAL GOVERNMENT INVESTMENT POOL SMITH BARNEY GOVERNMENT MONEY MARKET FUND CERTIFICATES OF DEPOSIT U. S. AGENCIES VIRGINIA AIM PROGRAM (U. S. SECURITIES) VIRGINIA SNAP PROGRAM (U. S. SECURITIES) TOTAL $89,769.22 2,886,171.68 100.00 100.00 107,000.00 15,979,217.04 4,401,791.62 32,009,110.04 5,750,000.00 7,208,500.31 30,258,344.33 $98,690,104.22 JUNE 17, 2009 5 CITY OF ROANOKE PENSION PLAN. STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE ELEVEN MONTHS ENDED MAY 31, 2009 (UNAUDITED) FY 2009 FY 2008 Additions/(Reductions) : Employer Contributions $ 10,830,851 $ 10,776,722 Investment Income Net Depreciation in Fair Value of Investments Interest and Dividend Income Total Investment Loss Less Investment Expense Net Investment Loss Total Additions (Reductions) (69,308,201 ) (11,656,537) 6,461,668 10,648,356 (62,846,533) (1,008,181) 488,891 409,653 (63,335,424) (1,417,834) $ (52,504,573) $ 9,358,888 Deductions' Benefits Paid to Participants Administrative Expenses Total Deductions Net Decrease $ 24,046,791 322,904 24,369,695 (76,874,268) $ 22,816,463 307,024 23,123,487 (13,764,599) Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 Fund Balance May 31 344,383,415 $ 267,509,147 378,571,495 $ 364,806,896 . Note: Increase in employer contributions due to change in method utilized for the accrual of retirement contributions at the end of the prior fiscal year. Required contribution rate deceased by approximately 2%. 6 CITY OF ROANOKE PENSION PLAN STATEMENT OF PLAN NET ASSETS MAY 31,2009 (UNAUDITED) FY 2009 FY 2008 Assets Cash $ 858,542 $ 986,277 Investments, at Fair Value 268,857,575 365,916,901 Due from Other Funds 13,447 1,078 Total Assets $ 269,729,564 $' 366,904,256 Liabilities and Net Assets Liabilities: Due to Other Funds Accounts Payable $ 2,220,377 40 $ 2,097,360 Total Liabilities 2,220,417 2,097,360 $ 267,509,147 $ 364,806,896 Net Assets Held in Trust For Pension Benefits 7 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC :yroanokeva.gov City Clerk CECELlA T. WEBB Assistant Deputy City Clerk July 7, 2009 Darlene l. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38515-070609 authorizing proper City officials to make boundary amendments to the City's Enterprise Zone Two and its Subzone A that will add certain areas to them; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendments; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendments. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 6,2009. Sincerely, ~m. fYlOfJYV Stephanie M. Moon, CMt- City Clerk SMM:ew Attachment pc: Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney Lindsay Hurt, Economic Development Specialist j')~' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of July, 2009. No. 38515-070609. A RESOLUTION authorizing the proper City officials to make boundary amendments to the City's Enterprise Zone Two and its Subzone A that will add certain areas to them; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendments; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendments. WHEREAS, there are certain areas currently located outside the City's Enterprise Zone Two and its Subzone A that are contiguous to them that are not currently a part of such Zone areas, but that can be added to them and that will benefit from the designation of those additional areas as part of Enterprise Zone Two and its Subzone A, as set forth in a letter from the City Manager to Council dated June 15, 2009, and a supplemental letter to Council dated July 6, 2009; WHEREAS, the Virginia Enterprise Zone Grant Act of 2005, as amended, authorizes the amendment of an existing Enterprise Zone to add areas to such Zone and its noncontiguous Subzones, thereby making qualified business finns within such an area eligible for Enterprise Zone benefits; WHEREAS; the addition of certain areas of the City as part of the City's Enterprise Zone Two and its Subzone A, as set forth above, has a potential to stimulate significant private sector investment within the City in areas where such business and industrial growth could result in much needed growth and revitalization; R-Enterprise Zone Amend-Zone Two-2009-Revised.doc 1 WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, held a public hearing on June 15, 2009, on the above mentioned proposed boundary amendments, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such proposed boundary amendments to Enterprise Zone Two and its Subzone A; . WHEREAS, at the public hearing on June 15, 2009, a representative of the owners of approximately 8 acres of property appeared and requested that such property, which will be contiguous to the amended Enterprise Zone Two, be added to such Enterprise Zone Two. Council tabled the matter regarding Enterprise Zone Two and its Subzone A to allow City staff to review the request; and WHEREAS, City staff has recommended that such additional approximately 8 acres be added to the amended Enterprise Zone Two, and that VDHCD staffhas advised City staff that no further advertisements or public hearings are needed. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke is hereby applying for boundary amendments to the City's Enterprise Zone Two and its Subzone A, which amendments will add additional areas which are currently outside such Zone areas. Such boundary amendments are more fully shown on the map attached to the City Managers letter to Council dated June 15,2009, and a revised map attached to a supplemental letter to Council dated July 6,2009, and more fully described in such letters. 2. The City Manager is hereby authorized to apply, on behalf of the City, to the VDHCD for the above mentioned boundary amendments to the City's existing Enterprise Zone Two and its Subzone A pursuant to the applicable provisions of the Virginia Enterprise Zone R-Enterprise Zone Amend-Zone Two-2009-Revised.doc 2 Grant Act, as amended, which boundary amendments will add to them certain areas, all as more fully set forth in the above mentioned letters. 3. . Council hereby certifies that it held a held a public hearing on June 15, 2009, as required by the Virginia Enterprise Zone Grant Act Regulations. 4. The City Manager is authorized to submit to the VDHCD all information necessary for the application for the boundary amendments to the City's Enterprise Zone Two and its Subzone A for the Departmenfs review and consideration and to take such further action as may be necessary to meet other program requirements or to establish the boundary amendments as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. Such authority shall continue throughout the life of Zone Two and any of its Subzones. 5. Local incentives applicable for Enterprise Zone Two and its Subzone A shall also be applicable for any new areas covered by such approved boundary amendments. 6. Any such approved boundary amendments will be retroactive to the date as provided by such approval from the VDHCD. ATTEST: ~lr}.~ City Clerk. R-Enterprise Zone Amend-Zone Two-2009-Revised.doc 3 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov July 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: Approval of Enterprise Zone Two and its Subzone A Amendment Application Background: On June 15, 2009, City Council held a public hearing to receive comments on proposed boundary amendments to the City's Enterprise Zone One A and its Subzone A and Enterprise Zone Two and its Subzone A, as required by the Virginia Department of Housing and Community Development's (VDHCD) Enterprise Zone Program regulations. At the hearing, a representative of the owners of approximately 8 acres of property, which will be contiguous to the amended Enterprise Zone Two, requested that such property be included in the amended Enterprise Zone Two. No other public comments were made about the proposed boundary amendments. Council adopted an Ordinance approving the boundary amendments application for Enterprise Zone One A and its Subzone A. However, Council tabled the Ordinance approving the boundary amendments for Enterprise Zone Two and its Subzone A to allow City staff to review such request. City staff has reviewed the request to add the approximately 8 acres to the proposed amended Enterprise Zone Two and recommends that the request be granted. The additional approximately 8 acres will be contiguous to the amended Enterprise Zone Two and consists of Tax Map Nos. 7090408, 7090406, 7110122, and 7110106. Honorable Mayor and Members of City Council July 6, 2009 Pag e 2 A revised map showing the additional approximately 8 acres, as well as each boundary amendment to both Enterprise Zone One A and its Subzone A and Enterprise Zone Two and its Subzone A, is attached hereto. The total acreage to be added to the amended Enterprise Zone Two and its Subzone A will be increased from 208 acres to approximately 216 acres. This new description modifies the description in the City Manager's letter dated June 15, 2009, CM09-00087, to Council. Other than these changes, the City Manager's letter dated June 15, 2009, and its recommendations remain unchanged. City staff contacted VDHCD about the procedures to be followed to add the additional property to the amended Enterprise Zone Two. The VDHCD staff has advised City staff in writing that no additional advertisements or public hearings are needed and the addition of such property can be done in the application forms to be completed and sent to VDHCD. Recommended Action: City Council adopt the appropriate measure to expand the boundaries of Enterprise Zone Two and its Subzone A, all su!Jject to approval by the VDHCD, with an effective date retroactive to a date approved by the VDHCD, for the amended boundaries, all as set forth above. Furthermore, City Council authorize the City Manager to apply to the VDHCD for approval of the above mentioned amendments and to take such further action and/or to execute such additional documents as may be needed to obtain or confirm such amendments. Respectfully submitted, ~ City Manager DLB:lh 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 Lindsay Hurt, Economic Development Specialist CM09-00 1 09 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) 853-1 145 STEPHANIE M. MOON, CMC :yroanokeva.gov City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 7, 2009 Darlene L. Burcham City Manager Roanoke,' Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke held on Monday, July 6, 2009, you were directed to move forward with engineering and renovation of the City Market Building and associated streetscape, maximizing Federal and State historic tax credits; design of an amphitheater; and parks and recreation improvements in Fiscal Year 2010, rather than in Fiscal Year 2011. Sincerely, W~rn. ~lM.- Stephanie M. Moon, CMC City Clerk SMM:ew pc: Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 STEPHANIE M. MOON, CMC :yroanokeva.gov City Clerk CECELIA T. WEBB Assistant Deputy City Clerk July 7, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear ,Ms. Burcham: Your communication in connection with the Riverland Road Improvements Highway project, was before the Council of the City of Roanoke at its regular meeting held on Monday, July 6,2009. The matter was deferred until the next regular meeting of the Council scheduled to be held on Monday, July 20, 2009. Sincerely, ~ h1, ~III-v Stephanie M. Moon, CMC City Clerk SMM:ew pc: Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney